Creator Service Agreement
In order to better provide you with paid content service (hereinafter referred to as the "Service") and to safeguard your legitimate rights and interests as well as those of other users, based on the Terms of Condition, we have specifically formulated the Creator Service Agreement (hereinafter referred to as the "Agreement"). Please be sure to carefully read and fully understand the contents of each term, especially the terms that exempt or limit liability in bold, as well as the separate agreements for opening or using a certain service, and choose to accept or not accept these agreements (if any). Unless you have read and accepted all terms of the Agreement, you have no right to apply for or use a creator account.
When you fill in the information as prompted on the page, read and agree to the Agreement, and complete all the application procedures, or when you actually use the Service in other ways permitted by MyyShop, it means that you have fully read, understood and accepted all contents of the Agreement, and the Agreement will then come into legal force. You promise to accept and abide by the provisions hereof. At that time, you should not claim that the Agreement is invalid or request to revoke the Agreement on the grounds that you have not read the contents of the Agreement or have not received a reply from MyyShop to your inquiries. During the process of reading the Agreement, if you do not agree with any content of the Agreement, or cannot accurately understand the meaning of relevant terms, you should immediately stop subsequent operations. Limitations and exemptions may be presented in bold to draw your attention.
1. Account Application, Custody and Use of Account Information
1.1 Qualification for creator account
1.1.1 You confirm that you must have full capacity for civil conduct and capacity for civil rights to use the Service. If you do not have the aforementioned subject qualification, you and your guardians shall bear all consequences arising therefrom. In addition, you also need to ensure that you are not the subject of trade restrictions and sanctions imposed by any country, international organization or region or the subject of restrictions in other laws and regulations. Otherwise, you may not be able to register and use the Service normally.
1.2 Account description
1.2.1 Only when you fill in the information as prompted on the page, read and agree to the Agreement, the Privacy Policy, the Terms of Condition and other agreement documents, and complete the creator application procedures, can you become a creator of the Service.
1.2.2 You confirm that the information you fill in/provide is true, accurate, complete, legal and valid, and you guarantee that you can be contacted through such information. If there is any change in your account information, please update it in a timely manner.
1.3 Custody and use of account information
1.3.1 During the process of applying for a creator account, you need to fill in some necessary information. Please keep such information updated in a timely manner, so that we can provide you with help or better serve you. If the information you fill in is incomplete or inaccurate, you may not be able to use the Service or may be restricted during the use process. If there are special provisions in the applicable laws and regulations, you may need to fill in your real identity information. We have the right to require you to conduct real-name authentication for the creator account you use. If you have not carried out real-name authentication, we have the right to refuse, suspend or terminate the provision of some or all of the services hereunder. We or affiliates or partners of the Service will not bear any liability for this, and you shall bear the liabilities and losses arising therefrom. You can apply to resume or re-enjoy the services hereunder after completing the real-name authentication.
1.3.2 We may obtain the information you have authorized for sharing from third parties. In order to provide you with services such as third-party platform login authorization, creator tier evaluation, or content management, we may require you to provide us or authorize the third-party platform to provide us with your third-party platform account information, service usage information and other information specified on the authorization page. We will, based on the agreements with third parties and after confirming the legality of the source of personal information, use your personal information under the premise of complying with relevant laws and regulations. On this basis, you shall authorize us to recommend commercial order tasks to you in manual/automated ways based on your third-party platform account information, number of followers, content type and play count. You may choose to accept or reject the commercial order tasks, but continuous rejection may cause an impact such as a reduction in your recommendation priority. If you fail to return the link within the date specified in the commercial order after accepting the commercial order task, or if the information filled in the link is untrue, we will take disposal measures such as reducing your recommendation priority.
1.3.3 We are committed to the protection of personal information together with our users. Protecting users' personal information is one of our basic principles. When you use services provided hereunder, we will collect, store, use, disclose and protect your personal information in accordance with the Privacy Policy. For details, please refer to the Privacy Policy.
2. Rights and Obligations of MyyShop
2.1 MyyShop is obliged to maintain the normal operation of the Service with existing technologies, ensure the security and reliability of service data, provide you with services in accordance with the agreed service contents and standards, and endeavor to upgrade and improve technologies.
2.2 MyyShop has the right to review or examine your registration information, commercial order promotion, settlement and payout and other information. If any problem or doubt is found, MyyShop has the right to issue you a notice of inquiry and request for correction, or directly take measures such as deleting information, freezing or closing accounts, suspending or terminating services.
2.3 Where it is confirmed by an effective national legal instrument or administrative penalty decision that you have committed illegal or rule-breaking acts, or there is sufficient factual basis to determine that you have committed illegal acts or acts in violation of the Agreement, MyyShop has the right to freeze your account and require you to bear corresponding compensation liability or liability for breach of contract.
2.4 Upon confirmation by MyyShop, if there is a direct conflict of interest between you and the Service, an affiliate or a partner of the Service, MyyShop has the right to refuse, suspend or terminate the provision of services hereunder to you. Neither we nor any affiliate or partner of the Service shall bear any liability for this. If the direct conflict of interest between you and the Service or an affiliate or a partner of the Service has been properly resolved, you may apply to resume or re-enjoy the services hereunder.
2.5 You understand and agree that for the creator account services you use, in the case that MyyShop does not charge you corresponding service fees, MyyShop has the right to suspend or terminate the provision of some or all free services to you without notice. In such a case, neither we nor any affiliate or partner of the Service shall bear any liability, and you can contact MyyShop to negotiate matters regarding the rights and interests in your account.
3. Rights and Obligations of Creators
3.1 You have the right to receive and complete the commercial order tasks posted by advertisers on the Service. MyyShop will assist you in the aforementioned promotion activities. The assistance includes but is not limited to providing you with a creator account and related back end for use, reviewing and counting your promotion activities, and rewarding you in accordance with the service promotion rules.
3.2 Regarding the relevant contents of enjoying the services hereunder, there is no labor relationship, labor dispatch relationship or other similar relationships between you and MyyShop. MyyShop does not manage you in the nature of an employer, does not assume obligations under a labor relationship to you, and the laws, regulations and regulatory documents related to labor relationships do not apply to you and MyyShop regarding the services hereunder. If, for the performance of the Agreement, you need to temporarily wear the MyyShop logo, obtain an employee card or go through procedures similar to those of MyyShop employees, this does not mean that a labor relationship is established between you and MyyShop.
3.3 You shall ensure that you abide by the principle of good faith during the promotion process and do not disrupt the normal order of the Service. If a dispute or lawsuit occurs between your promotion activities and other MyyShop users or advertisers, and other MyyShop users or advertisers require the Service to provide relevant data through judicial or administrative organs in accordance with legal procedures, we shall actively cooperate and provide relevant data. You shall compensate for any losses caused to us.
3.4 You declare and guarantee that you have the corresponding and legal rights to the information you post, and do not infringe on the intellectual property rights of third parties or violate laws and regulations. Otherwise, we may delete or block the information you post in accordance with laws or the Agreement. If losses are caused to advertisers or MyyShop due to violations in your promotion activities, you shall return the obtained revenue and bear all compensation liabilities.
3.5 The platform has the right to dynamically adjust the account level according to the creator's task completion rate, content quality and effect data. The account level will affect relevant rules such as task recommendation frequency and revenue sharing ratio.
3.6 The commercial order promotion content you submit needs to meet the acceptance standards disclosed by MyyShop and advertisers. If it fails the first review, you must promptly give feedback and make modifications. You can make a maximum of 2 modifications. If the content of your second modification still fails the review, MyyShop will decide the result in accordance with relevant rules to protect the rights and interests of both parties. If it is determined that the content you uploaded for the second time indeed meets the requirements of the commercial order task, after you submit the content for the third time, the system will automatically approve it (for commercial order on content production, once approved, it will be deemed that the commercial order is completed; for commercial order on social media promotion, after the content is approved, you also need to post it on the designated social media, and it will be deemed that the commercial order is completed after you keep the content for more than 30 days as required. After the commercial order is completed, we will calculate the corresponding fees you should obtain based on the promotion results); however, if the content you upload for the second time is still deemed non-compliant with the commercial order requirements by Myyshop, it will be deemed that you have abandoned the task, and you will not receive the corresponding fees.
3.7 MyyShop has the right to supervise your promotion activities. You shall carry out promotion activities in a manner recognized by MyyShop, and shall not carry out promotion activities through malicious bulk messaging, false promotion and fictitious transactions. If you have any objections to the commercial order fees you receive, you can apply to MyyShop for verification, and MyyShop will feed back the verification results to you based on the data recorded at the back end.
3.8 If the products/services involved in the advertiser's commercial order task have issues including but not limited to quality problems, product defects or inconsistent descriptions, you do not need to bear liability for this commercial order, but you must immediately stop/remove the relevant creation content and promptly submit an [Email on Complaint against Advertiser] to MyyShop. After verification, we will handle the advertiser in accordance with relevant rules and at the same time assist you in smoothly ending this commercial order.
3.9 If you find that the advertiser has used your creation content without authorization or in an illegal or rule-breaking manner, you can also inform us by submitting an [Email on Complaint against Advertiser] to MyyShop. We will handle it fairly and impartially in accordance with the platform rules.
4. Commercial Order Fee Settlement Rules
4.1 Acquisition of commercial order fees
4.1.1 You can only obtain revenue after using a creator account to carry out effective promotion activities and being approved by the advertisers. You understand and agree that this virtual revenue does not have any property attributes and is not regarded as MyyShop having any obligation to pay you.
4.1.2 The number of effective promotions refers to the number of promotion contents that have been promoted by you and accepted by Myyshop and the advertisers.
4.1.3 The amount of revenues you can obtain from the transactions you promote or facilitate shall be displayed on the "Product/Service Details" page. For the commercial orders generated due to your promotion activities, we will determine the validity of the commercial orders and calculate the revenues within [7] days after the completion of the commercial orders. The revenues will be directly credited to the creator account you registered with the Service.
4.2 Withdrawal of revenues
4.2.1 You can withdraw the obtained revenues on the withdrawal interface of the creator account. You understand and agree that we have no obligation to pay you before the withdrawal operation.
4.2.2 The withdrawal ratio and standards of the revenues shall be subject to the content displayed on the withdrawal interface.
5. Service Usage Rules
5.1 Illegal usage
If you are in any of the following situations, we have the right to restrict or freeze your account, and have the right to transfer the matter to the relevant judicial and administrative organs in accordance with relevant laws. If losses are caused to us or any third party, you shall also make compensation:
① Infringing on the intellectual property rights of Myyshop, other users or any third party;
② Engaging in illegal and criminal activities by using the Service;
③ Transmitting or publishing any information or materials that violate laws, regulations or public order and good customs, including but not limited to cults, gambling, violence, terrorism, complicity in harm and advocacy of criminal acts, dangerous organizations and individuals, fraud, deception and cheating, controlled goods and services, violence and incitement to violence, adult sexual exploitation, bullying and harassment, child sexual exploitation, abuse and nudity, exploitation, suicide, self-harm and eating disorders, adult nudity and sexual behavior, adult sexual solicitation and pornographic language, hate crimes, invasion of privacy, violent and bloody content etc.;
④ There are malicious software and program codes such as viruses, Trojans and crawlers that may damage, tamper with, delete and affect the normal operation of any system of the Service, or secretly obtain the data and personal information of the Service and other Myyshop users without authorization;
⑤ Insulting, slandering, intimidating, or infringing on the legitimate rights and interests of others such as involving others' privacy;
⑥ Spreading rumors and making false accusations to damage our fame or business reputation;
⑦ Other violations against the laws and regulations of the applicable jurisdiction, the provisions of the Agreement and the service rules.
For creator users who violate the Terms of Condition or other terms of the Agreement, Myyshop has the right to issue reminders, warnings or notices of rectification within a time limit to the creator accounts. For creator users who continue to violate or re-violate the above after receiving the reminders, warnings or notices of rectification within a time limit, Myyshop has the right to ban their accounts; for creator users who seriously violate the above, Myyshop has the right to ban the relevant accounts without notice, and Myyshop shall not bear any liability for this.
5.2 Unbanning rules
5.2.1 Bans on creator accounts are divided into general bans and permanent bans.
5.2.2 For creator accounts that have been generally banned, after the creator corrects the illegal behavior, eliminates the relevant impact and makes a written commitment not to violate the regulations again, the creator can apply to the Myyshop customer service staff for unbanning the account. After receiving the unbanning application and the written commitment, Myyshop will review the unbanning application. If the review is passed, the unbanning operation will be carried out within three working days.
5.2.3 Myyshop does not guarantee that all unbanning applications will be approved. Each creator account has only one chance to be unbanned. If the account is banned again due to violations after unbanning, this ban will be a permanent ban.
6.1 You understand and agree that the Service and related services may be affected or interfered with by various factors, and Myyshop does not guarantee that (including but not limited to):
① The Service and related services are completely suitable for the user's usage requirements;
② The Service and related services are free from interference, timely, safe, reliable or error-free;
③ Any errors in the Service and related services will be corrected.
6.2 The Service is provided to you only on an "as is" and "as available" basis. However, we will not be liable for damages caused by information network equipment maintenance, connection failures, failures of computer, communication system or other systems, strikes, riots, civil commotions, catastrophic weather (such as fires, floods and storms), explosions, wars, government actions, orders of judicial and administrative organs, or third-party reasons.
6.3 You understand and agree that the Agreement aims to ensure compliance with national laws and regulations, maintain public order and good customs, and protect your and others' legitimate rights and interests. The Service will make its best efforts within its capacity to make judgments in accordance with relevant laws and regulations, but will not guarantee that such judgments are completely consistent with those of judicial and administrative organs. You have understood and agreed to bear the consequences arising therefrom on your own.
6.4 You understand and confirm that we need to conduct regular or irregular inspections or maintenance of "MyyShop" and related equipment. In the event of service interruptions within a reasonable time due to such inspections or maintenance, we will not be liable for any responsibility, but we will give a prior notice.
6.5 We are not responsible for failures in saving, modification, deletion or storage of the data and information you post or provide. We may, in accordance with relevant laws and regulations and the actual situation of the Service, determine on our own the maximum storage period of your data in the Service and allocate the maximum data storage space for it on the server. You may back up the relevant data in the Service according to your own needs. You hereby explicitly agree and accept that, unless otherwise provided by law, if you stop using the Service, the Service is terminated, or your "MyyShop" account is reclaimed, we may permanently delete all your data from the server. Upon the termination of the Service, we have no obligation to return any data to you.
6.6 We will not be liable for any typographical errors, omissions or oversights on the website that are not caused by our intent.
7.1 The content of the Agreement, as well as all information about the other party known during the conclusion and performance of the Agreement, including but not limited to personnel, finance and partners, shall be considered as confidential information. Unless otherwise agreed, the receiving party may only use the confidential information for the purposes of the Agreement and shall not use all or part of the confidential information for purposes other than the services hereunder. The confidentiality period shall commence from the effective date of the Agreement and end on the date when the confidential information becomes public information (i.e., disclosed to the public or known to the public). The confidentiality obligation shall not terminate due to the suspension, termination or rescission of the Agreement.
However, if the products involved in the commercial order tasks you post do not belong to your own company or you do not have legal authorization or agency rights, resulting in the invalidity of the commercial order or infringement of the rights of the legitimate brand owner, Myyshop has the right to disclose your relevant information to the true brand owner and relevant parties. Myyshop also reserves the right to pursue legal liability and claim compensation for any losses caused therefrom.
7.2 The confidentiality obligation hereunder shall not apply to any of the following information that:
a) has been legally owned by the receiving party before receipt from the disclosing party;
b) has been known, except in cases of violation against the Agreement;
c) has been received from a third-party without violating any other relevant confidentiality obligations binding on such third-party;
d) has been disclosed with the consent of the disclosing party.
7.3 If either party violates the provisions of this article and causes losses to the other party, the breaching party shall pay corresponding compensation to the other party.
8. Intellectual Property Rights
8.1 The data and information published on the Service website (such as text, icons, logos, button icons, images, data compilations, and software) are the property of MyyShop, the Service and/or the affiliates and partners of the Service, and are protected by intellectual property laws. You may only use them for promoting flash sale activity information. If you exceed the aforementioned scope of use, MyyShop, the Service, the affiliates and partners of the Service, and the relevant right-holders have the right to pursue your legal liability.
8.2 Unless otherwise compulsorily provided by law, without the express written permission of MyyShop, the Service and/or the affiliates and partners of the Service, no organization or individual may, in any way, illegally copy, reprint, quote, or use all or part of the data and information published on the Service website for other purposes.
8.3 The intellectual property rights of the text, pictures, videos, audios, graphics, and other commercial order promotion information you provide and publish shall belong to you or the relevant right-holders. During the protection period stipulated by law, you hereby grant free of charge MyyShop, the Service and/or any affiliates and partners of the Service a globally exclusive license to use, the right to sublicense to other third-parties, and the right to obtain evidence of third-party infringement and file a lawsuit in its own name. You agree that MyyShop, the Service and/or any affiliates and partners of the Service may store, use, copy, revise, edit, publish, display, translate, distribute your commercial order promotion information, or create derivative works therefrom, and incorporate the above-mentioned information into other works in known or later-developed forms, media, or technologies. You must ensure that the above-mentioned information does not infringe upon the legitimate rights and interests of other third-parties. Otherwise, you shall bear the corresponding adverse consequences and responsibilities.
9.1 We may, in light of changes in applicable laws and regulations, as well as the need to maintain transaction order and protect users' rights and interests, add and delete functions or performance of the Service from time to time, set new restrictions, or temporarily suspend or permanently discontinue the provision of a certain service. We have the right to modify or supplement the Agreement and relevant rules as needed. Once the changed Agreement and rules are announced, they will immediately replace the original Agreement and rules and come into effect automatically. You can review the relevant agreement terms in the latest version of the Service. If you do not agree with the relevant changes, you should immediately stop using the Service. If you continue to use the Service, it shall be deemed that you accept the changed Agreement and relevant rules. If the change to the Service or the Agreement will seriously affect users or severely restrict access to or use of the Service, we will notify you within a reasonable period before the change. For changes to the Service made to meet safety, legal or regulatory requirements, we may not be able to meet the aforementioned advance notice time requirements, but we will notify you as soon as possible. In addition, if changes to the Agreement or the Service will not seriously affect our users or severely restrict access to or use of the Service, we may not notify you in advance. Therefore, we suggest that you visit the relevant pages of the Service from time to time to keep informed of the latest agreements and rules of the Service.
9.2 If you still disagree with the effective change items, you should stop using the Service as of the effective date of the change items, and the change items will not be effective for you; if you continue to use the Service after the change items become effective, it shall be deemed that you agree with the effective change items.
10.1 You agree that we may serve various notices to you through the following reasonable means:
① Publicly announced text;
② Internal messages or messages sent via the client;
③ Emails, text messages and letters sent according to the contact information you reserve for the Service.
10.2 Various notices sent by the Service to you shall be deemed to have been served at the following time:
① For notices sent in the form of publicly announced text, they shall be deemed to have been served from the time of announcement;
② For notices sent via website content or client push messages, they shall be deemed to have been served at the sending time recorded at the back end;
③ For notices sent via emails or text messages, they shall be deemed to have been served from the time of sending;
④ For notices sent in the form of letters, they shall be deemed to have been served on the earlier of the date of your receipt or the third natural day from the date of sending.
11.1 If you violate the principle of good faith, the terms of the Agreement or platform rules, or any of your commitments and warranties made during the performance of the Agreement, or the registration information and certification review information you provided are untrue, Myyshop has the right to unilaterally terminate the Agreement, take measures such as canceling commercial order tasks and/or services, suspending services and deleting information, and has the right to require you to compensate Myyshop for the losses suffered thereby, including but not limited to losses caused by administrative penalties or civil liability for third parties. If this leads to the refund or claim by the advertiser or other third parties, you shall bear the relevant responsibilities.
11.2 Unless otherwise provided in the Agreement, any party that violates the obligations agreed upon in the Agreement shall bear the corresponding liability for breach; if losses are caused to the non-breaching party, the breaching party shall bear the liability for compensation of losses. For the amount of liquidated damages and amount of loss compensation, the higher shall prevail. If an affiliate of Myyshop violates the provisions of the Agreement, Myyshop shall bear the corresponding liability for breach.
11.3 In particular, if the commercial order promotion content you provide violates the laws, regulations, and public moral norms of the promotion area and infringes upon legitimate rights and interests of any third party:
a) Myyshop has the right to modify, delete, or stop the social media links you return at any time. Myyshop also has the right to report relevant information to the advertiser, promotion platform, and regulatory authorities, and take all reasonable measures to eliminate or reduce the adverse effects arising therefrom.
b) Myyshop has the right to terminate the cooperation with you. Any service fees will be forfeited.
c) You shall be fully liable for all losses and damages caused to Myyshop by such breach of contract, including direct losses caused by you and any other liabilities arising from claims by affected parties or other third parties, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, loss of profits, loss of use, loss of data, personal injury, fines, fees, penalties, or any other liabilities.
12. Termination of the Agreement
12.1 The Agreement may be changed or terminated in advance upon mutual agreement between the Parties.
12.2 In case all or part of the Agreement cannot be executed due to force majeure, relevant laws, regulations and policies, the Parties may negotiate to terminate the Agreement.
12.3 Unless otherwise provided in the Agreement, in case any of the following circumstances occurs, the non-breaching party has the right to terminate the Agreement immediately:
a) The breaching party violates relevant laws and regulations, causing material damages to the legitimate rights and interests of the non-breaching party; or
b) The breaching party fails to make corrections or adjustments as required by the non-breaching party.
12.4 The termination or rescission of the Agreement shall not affect the liability for breach of the breaching party.
12.5 We are constantly changing and improving the services we provide. We may add or remove certain services, or suspend or completely discontinue certain services. You may stop using our services at any time, and we may also stop providing services to you at any time, or add or set new restrictions on our services at any time. However, if we discontinue certain services or add or set more stringent restrictions for you, we will give you reasonable advance notice and provide you with an opportunity to back up and transfer the information you have left in the Service.
12.6 You understand and agree that we have the right to independently decide on business strategies. In the event of our merger, division, acquisition, or asset transfer, we may transfer relevant assets under the Service to a third party; and may transfer parts or all of the services hereunder to a third party for operation or performance, after we notify you unilaterally. The specific transferee shall be subject to our notice.
12.7 In case any of the following circumstances occurs, MyyShop may unilaterally terminate the Agreement by freezing or banning your creator account:
① You violate laws, regulations, provisions of the Agreement, or rules of the Service;
② Your actions damage the legitimate interests of the state, the collective, a third party, and Myyshop;
③ Your account is legally and compliantly cancelled by Myyshop;
④ You privately contact advertisers through other channels;
⑤ Other circumstances in which the Service deems it necessary to terminate the Agreement.
12.8 Upon the termination of the Agreement, the Service shall still enjoy the following rights:
① Continuously retain your registration information and all transaction information during your use of the Service for purposes such as traceability of service information in accordance with the law;
② Before the freezing or banning of the account, if you have committed improper acts such as breach of contract or infringement, have disputes with the Service or the advertisers in the Service, or have incomplete transactions, you shall still bear the corresponding responsibilities.
12.9 When the service term of the Agreement expires or other termination circumstances stipulated in the Agreement occur, the Agreement shall terminate. Upon the termination of the Agreement: (1) if the service is terminated in advance due to your reasons, Myyshop has the right to delete the information you have published on the platform; (2) for the commercial order services that you have reached with advertisers on the platform but have not been fully performed before the termination of the Agreement, you shall continue to perform the corresponding obligations in accordance with the provisions of the Agreement and the platform rules; (3) you agree that Myyshop may retain your account information, commercial order information and transaction records.
13.1 The Creator Service Agreement is a supplementary agreement to the Terms of Condition and is specifically applicable to creator-related services. In case of any conflict or inconsistency between terms of the Agreement and the Terms of Condition, the Agreement shall prevail. For matters not clearly stipulated in the Agreement (such as applicable laws and dispute resolution), the provisions of the Terms of Condition shall still apply. Users shall comply with the non-conflicting contents of both agreements at the same time.
13.2 If any provision of the Agreement is held to be invalid, void or unenforceable for any reason, such condition of use shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
13.3 Headings herein are for convenience of reading only and shall not affect the meaning or interpretation of any provision in the Agreement.
13.4 This website is jointly operated by AVATAR TRADING and MYYSHOP VIP TECHNOLOGY HONG KONG LIMITED, with the address being Room 1903, Floor 19, Lee Garden One, No. 33, Hysan Avenue, Causeway Bay, Hong Kong. We reserve the right to interpret and amend the Agreement to the maximum extent permitted by law. If you have any comments on us and the Service, you are welcome to contact us via Email: support@myyshop.com.