Administrative Rules of the AE Live Platform（2021）

Thanks for using AliExpress(“AE”) Live Platform Service!
To use the service of the AE Live Platform (“Service”), you shall read and comply with the Administrative Rules of the AE Live Platform (“Rules”). Before you accept the Rules, please ensure you have read all the contents of the Rules carefully, especially the code of conduct, the provisions regarding exemption or limitation of liability, etc.
During you review of the Rules, if you disagree with any contents therein or do not understand clearly the explanations on the clauses given by AE, please do not accept the Rules or use the services governed by the Rules and immediately stop the user initiation process, otherwise you are deemed to have accepted the following terms and conditions, and will be bound by the Rules.By then you shall not use reasons such as not reading through the Rules or not having received AE’s answers to your enquires to seek nullification or revocation of the Rules.

Administrative Rules of the AE Live Platform
Dated [], 2021
*1. Scope of Application
The Rules shall apply to all users who post contents and promote information on live.aliexpress.com and aliexpress APP live channel (“AE Live Platform”), including merchant anchors, star anchors and interactive participants, collectively referred to as “users”, among which merchant anchors and star anchors[1] are collectively referred to as “Anchors”.

2. Level of Effect
The Rules are a valid supplement to the Terms of Use, the Privacy Policy, the Free Membership Agreement and the Alibaba Transaction Service Agreement. If there are any specific provisions in the Rules, the Rules shall prevail.

3. Anchor Name Verification System
3.1 AE Live Platform implements a real-name verification system for anchors. Prior to applying for live broadcasting rights, anchors shall go through the real-name verification process in accordance with the platform’s requirement. Anchors shall ensure that all the information, qualification and documents provided by them are true, legal, valid and that all necessary authorizations have been obtained to engage in live interaction on AE Live Platform.
3.2 As required by legal and business development requirements, anchors shall state their nationality and live broadcasting country; for different types of anchors, AE Live Platform may collect different types of information to complete real-name verification process; meanwhile, AE reserves the right to conduct random inspection, verification and require anchors to submit supplementary information and timely update information.
3.3 Each type of anchors needs to submit the following information:

3.4 AE respects and protects user privacy. AE undertakes to collect, use and share the personal information of anchors in accordance with applicable laws and regulations as well as the AE Privacy Policy.

4. User Access Requirement
4.1 Star anchors
(a) Anchors being registered AE users with their account in good condition;
(b) Anchors possessing a certain level of quality and capability;
(c) Anchors having completed the anchor real-name verification process.
4.2 Merchant Anchors
(a) Anchors being registered AE users with store in good condition;
(b) Anchors have attained a certain volume of feed fans as well as customer operational and hosting capabilities;
(c) Anchors have completed the anchor real-name verification process;
(d) The main business of the store shall not be a main business restricted from promotion;
(e) Where there is any special requirement for the user initiation process, it shall be formulated separately for implementation.
4.3 Interactive Participants
(a) All registered AE users may participate in the live broadcast interaction.

5. Information Release
5.1 Rules on Release of User Information
Please refer to Annex 1 for the rules on release of user information, which mainly includes:
(a) Harmful information, such as sensitive, obscene and pornographic information, shall not be released;
(b) The anchors shall not release false information, such as false promotion, false prize winning information or inconsistencies between the information of the promoted products and the actual information, etc.;
(c) Event information shall not be falsified;
(d) Spam advertisements shall not be released;
(e) Anchors shall not release other information that violates laws or regulations or is prohibited by AE Live Platform.

5.2 Content Guarantee
As content publishers, users bears full and complete liabilities for all contents published by them (regardless of the channel through which the contents are published). As the host of the website for content publication and provider of relevant technical services, AE shall only bear corresponding liabilities within the scope governed by applicable laws and regulations. At the same time, AE shall have the right to take measures such as disconnecting, blocking or deleting the illegible contents published by the user in accordance with applicable laws and regulations and the Rule and other relevant rules.

5.3 Authorization of Content
Unless otherwise agreed by users and AE in writing, with respect to the contents published by users, users agree to authorize AE and its affiliated companies free of charge (other than the fees expressly agreed in this Agreement) during the protection term prescribed by applicable laws to, and to license and sublicense to third parties without limitation as to scope and medium the right to, collect evidence and file lawsuit against third parties for any infringement. Users consents to the storing, using, replicating, modifying, editing, displaying, translating, distributing, pushing the contents published by the user, or using such contents published by the user in whole or in part to create other derivative works, or incorporating such contents into other works in new forms, media or techniques currently known or to be developed in the future, without changing the original intention of the contents, by AE and its affiliated companies.
Unless otherwise agreed to by the user and AE in writing, the above authorization shall not constitute a transfer by the user of the ownership or any related intellectual property rights of the aforementioned contents to AE, and the user shall remain the direct owner of the contents, and the platform will use the contents pursuant to this Agreement or as otherwise separately agreed with the user.

6. CODE OF CONDUCT
6.1 ANCHOR
If the contents published by Anchors on AE Live Platform contains any promotional information, anchors shall ensure that they possess the requisite qualifications (if any) and are able to identify and screen the promoted products or services and ensure that the information published by them is true, accurate, legal and complete, and will not commit any of the following acts:
(a) Not to promote in violation of regulations, such as promotion of goods suspected of being counterfeit goods, or the anchors violating the relevant promotion rules of the platform, etc.; not to behave in a way that may easily cause transaction risks, such as inducing users to conduct offline trading or publishing products or information on external websites, etc.; not to infringe upon the rights and interests of others, such as disclosing others’ information, improperly using others’ rights or harassment of others, etc.;
(b) Not to disrupt the order of the platform, such as committing forgery or cheating, or providing false information, etc.;
(c) Not to breach the undertakings or warranties to users or the platform;
(d) Not to broadcast information during live broadcasting that are in conflict with information given during the user initiation process;
(e) Not to violate the anchor requirement issued or modified from time to time on the AE Live Platform.
6.2 Interactive Participating User
(a) Not to infringe upon the rights and interests of others, such as disclosing others’ information, improperly using others’ rights or harassment of others, etc.;
(b) Not to disrupt the order of the platform.

7. Handling of Violation of Rules
Please refer to Annex 1 for users’ specific non-compliant contents and corresponding measures.
7.1 Handling of Violations by Anchors
In case of any violation of the Rules, AE Live Platform may take measures such as issuing warnings, halting live broadcasting, removing live broadcast content, suspending live broadcasting rights and closing account, etc..
7.2 Handling of Violations by Interactive Participants Users
In case of any violation of the Rules, AE Live Platform may take measures such as removing non-compliant contents, suspending live comment functions and terminating live comment functions.
Please refer to Appendix I for specific non-compliant contents and corresponding measures.

8. Removal
Anchors will be removed from the live platform under any of the following circumstances:
(a) Not meeting the user access requirements specified in Article 4 of theRules;
(b) A scenario that requires removal under the non-compliance consequence list has arisen; and
(c) Violation of national laws;
(d) Not broadcasting live in three months.

9. Re-initiation after removal
Re-initiationarrangements under different causes of removal are as follows:
(a) If dismissal is caused by Article 8(a), he/she may re-apply for entry;
(b) If dismissal is caused by Article 8(b), it shall be handled in accordance with the provisions in the non-compliance consequence list;
(c) If dismissal is caused by Article 8(c), he/she shall not be allowed to re-initiation;
(d) If dismissal is caused by Article 8(d), he/she may re-apply for initiation; but no re-initiation is allowed if he/she has been dismissed more than twice.

1. Legal Liability and Disclaimer

10.1 If users violate any applicable laws, regulations or the Rules, in particular the live broadcast content or promoted content published by user involves infringement and causes AE or its affiliated companies to receive anyform of prosecution or claim from the right holder or related persons or to receive any form of penalty or liability by the relevant governmental authorities for infringement, users shall bear all the legal liabilities arising therefrom and hold AE/or its affiliated companies harmless from any form. In the event that AE and/or its affiliates pay compensation or other legal liabilities to the third party or pay the relevant fines to the relevant governmental authorities, users shall indemnify AE and/or its affiliates for all losses and damages (including but not limited to any indemnification, settlement payment, attorney fees, and legal costs and expenses thus incurred). Users hereby authorizes AE to directly deduct the amount of this payment from the user’s Alipay account.
10.2 Unless otherwise agreed by the Rules, in the event that either party breaches any of its representations, promises, warranties or obligations under the Rules, and causes the other party to suffer any lawsuits, disputes, claims or penalties, the breaching party shall be liable for settlement and compensate the other party for any costs or additional liabilities incurred or economic losses suffered by the other party. If a party commits any breaches, the innocent party may, by giving a written notice, require the breaching party to cease the breaching activities within a specified period and require the breaching party to eliminate any impact. If the breaching party fails to stop the breaching activities in a timely manner, then the innocent party has the right to immediately terminate this Agreement. If AE causes users’ losses due to the fault of AE, the maximum liability and limitation of damages to the users shall not exceed the actual economic losses of the users hereunder under this Rule.
10.3 AE shall provide the live platform services in accordance with the “as is” or “as available” status at any time. AE shall, given the existing level of technology, devote every effort to offer the relevant security measures to ensure the security and normal operation of the services. AE expressly declares that, due to the potential existence of circumstances such as viruses, disruptions in the network connection, system maintenance, etc., as well as any potential force majeure events, it does not offer any explicit or implicit guarantee regarding the its live platform services. In particular, AE does not guarantee, among other aspects, the applicability, absence of errors or omissions, continuity, accuracy, or reliability of the services, or that they are suitable for a specific purpose.
10.4 Under no circumstances shall AE be liable for loss of data and/or any damages whatsoever, including but not limited to direct, indirect, special, incidental or punitive damages or any other forms of damages, arising out of, based on or as a result of this Agreement or use of the AE Live Platform services, even if AE has been advised of the possibility of such damages.
10.5 Activities such as the provision of services by AE shall not mean that AE assumes any liability, whether explicitly or implicitly, including warranty or guarantee regarding the users’ capability to perform their obligations under this Agreement and the authenticity, accuracy, legality and validity of the information uploaded by the users, nor shall it mean that AE becomes a participant in the relationship between the users. Users shall independently bear all the legal liabilities arising from any complaints, disputes, disagreements, indemnities resulting from their own behavior.
10.6 Other provisions on AE ‘s limited liability for its services shall be implemented in accordance with the relevant liability limitation and exemption clauses set forth in the User Agreement, the Privacy Policy, the Free Membership Agreement and the Transaction Service Agreement.
11. Amendment
The Rules shall be amended and publicized by the AE Live Platform from time to time. If users do not agree to the Rules, please immediately cease use of the AE Live Platform. If users continue to use AE Live Platform, they will be deemed to have accepted the Rules.

Annex 1: Information Release Standards and Detailed Rules for Punishment

AE reserves the right to make the final interpretation and decision on the above measures, and will reserve all relevant rights.

[1] Anchors who are not merchant anchors.
[2]The nationality of the Anchor is China.