The term "website owner" referred to in these Terms of Service is the media owner that meets the following requirements:
1. Individual Media: The owner of the media should be a citizen of the People's Republic of China, possess full civil capacity, and be able to independently bear legal responsibilities.
2. Commercial Media: Commercial media refers to media owned by corporate entities, entities, organizations, etc., engaged in business activities other than individual media. The owner of commercial media should be a corporate entity, entity, or organization registered and legally established within the territory of the People's Republic of China.
3. Requirements for Media: Media operations must strictly comply with relevant laws and regulations. Market development, advertising, and related business activities conducted by the media must be legal. The media must not contain the following content (referred to as "illegal content"):
- (1) Opposing the fundamental principles established by the Constitution.
- (2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity.
- (3) Harming national honor and interests.
- (4) Inciting ethnic hatred or discrimination, and undermining ethnic unity.
- (5) Undermining state religious policies, promoting cults and feudal superstitions.
- (6) Spreading rumors, disrupting social order, and undermining social stability.
- (7) Spreading obscenity, pornography, gambling, violence, murder, terrorism, or inciting crime.
- (8) Insulting or defaming others, infringing upon their legitimate rights and interests.
- (9) Infringing upon others' intellectual property rights, including but not limited to patent rights, trademark rights, copyright.
- (10) Infringing upon others' trade secrets.
- (11) Containing other content prohibited by laws and administrative regulations.
Whether the website owner is an individual media or a commercial media, the website owner must have complete ownership, usage rights, decision-making rights, etc., over their homepage, and ensure that their website's pages can be displayed correctly at a resolution of 800X600.
4. The website owner must have a fixed residence or office address and the ability to send and receive emails regularly.
4.1 Website Owner Registration and Advertising Program
4.1.1 Website owner registration -`>` Fill out registration information and verify promotional media. Duomai employs a member review mechanism. When a member's website is involved in illegal information or cannot operate normally, Duomai reserves the right to cancel their membership.
4.1.2 After the website owner's information and promotional media are approved, they can log in to the Duomai platform to obtain advertising codes.
4.1.3 Place the code on the website owner's promotional media. Duomai will use the statistics from the Duomai advertising tracking system and the confirmation data provided by the advertiser as the basis for the website owner's settlement.
4.2 Website Owner's Rights
4.2.1 After registration, verification, and approval, the website owner officially becomes a member of the Duomai.
4.2.2 Advertising Fee Settlement: Duomai will settle payments based on the valid promotional data provided by the advertiser.
4.2.3 Payment Methods:
- (1) Generate advertising statistics reports based on the actual number of ads placed on the website owner's media and their actual advertising performance. These reports can be viewed on the login interface.
- (2) Determine the website owner's advertising revenue based on the actual data reflected in the above report and the unit price of the advertising model. Payments to the website owner will be made according to the actual results.
- (3) In case the advertiser delays payment of advertising fees, Duomai will also delay payment to the website owner accordingly.
- (4) After initiating a withdrawal request, the website owner must provide Duomai with a legal and equivalent value-added tax invoice. Duomai will pay the corresponding amount to the website owner's designated account within 5 working days after receiving the invoice. Confirmed data cannot be changed arbitrarily by either party.
- (5) If there are issues with withdrawal due to incorrect information provided by the website owner, Duomai will not assume any responsibility or compensation.
- (6) Individual media registering as Duomai members simultaneously acknowledge that individual media website owners can undertake Duomai promotion business through third-party platforms. Regarding promotion fees, settlement will be unified between Duomai and third-party platforms. The third-party platform will then pay the corresponding promotion fees to individual media website owners. If any issues arise regarding delayed or incorrect payment of promotion fees due to the third-party platform, Duomai will not assume responsibility, and individual media website owners can seek recourse according to their agreement with the third-party platform, with Duomai providing appropriate assistance.
4.3 Website Owner's Responsibilities:
4.3.1 The website owner must ensure that none of their media web pages contain any illegal content and that they do not link to pages containing illegal content.
4.3.2 If the information provided to Duomai by the website owner, such as name and contact phone number, changes, they should promptly log in to the Duomai platform to modify personal or media information.
4.3.3 Members must safeguard their usernames and passwords and must not disclose them to third parties. If their account is compromised, they should promptly inform Duomai; otherwise, they will bear the consequences.
4.3.4 If an advertisement is found to not comply with the specifications specified by Duomai or the advertiser, Duomai has the right to request the member to rectify it.
4.3.5 For members who have no advertising results within three months of registration, Duomai reserves the right to delete all commissions from their account, suspend, or terminate their account.
4.3.6 Duomai reserves the right to unilaterally change these Terms of Service at any time. Such changes will be effective from the date of implementation by Duomai, and the website owner must automatically comply with the modified terms. If the website owner continues to promote, it will be deemed as acceptance of the amended agreement.
4.3.7 After changes are made to these Terms of Service, if the website owner continues to use the services provided by Duomai, it indicates their acceptance of the revised terms.
4.4 Breach of Contract Responsibilities:
4.4.1 It is strictly prohibited to increase personal income through devices, programs, or other illegal means. Upon discovery, Duomai has the right to immediately cancel the website owner's membership, withdraw placed advertisements, and recover all advertising fees already paid. Duomai reserves the right to further seek compensation. The website owner must also bear all losses incurred by Duomai.
4.4.2 The website owner promises that any information submitted to the Duomai platform, including but not limited to registration information, website addresses, contact information, is genuine. Duomai does not assume the responsibility of verifying the authenticity of this information. However, once Duomai discovers that the website owner provided false information or used other deceptive means to obtain promotion income, it has the right to suspend or terminate the website owner's account, deduct all commissions in their account, and pursue the website owner's liability.
4.4.3 The website owner promises that any actions taken within the Duomai platform will not hold Duomai Company, other website owners on the Duomai platform, any other users of Duomai, third-party websites providing services to Duomai, or third parties cooperating with Duomai, liable for any legal responsibility or penalties.
4.4.4 The website owner agrees that if their actions result in third parties making claims against Duomai and its subsidiaries, branches, directors, officers, agents, based on their breach of these Terms of Service or other obligations mentioned in these terms, or due to their violation of the law or infringement of third-party rights, they must fully compensate Duomai, including but not limited to legal expenses and fees of other professionals.
5. Disclaimer:
5.1 Except for the online advertising provided by Duomai, the content of the website owner's website, including or involving pornography, violence, reactionary, and any content that violates the laws of the People's Republic of China, shall not hold Duomai liable. The website owner bears full responsibility for such content.
5.2 Duomai does not bear any responsibility for the accuracy, credibility, or correctness of the information, data, or facts recorded by the website owner or advertisers during the provision of services.
5.3 Duomai is not responsible for illegal or unethical behaviors of partners or visitors, such as scalping or malicious bulk purchases resulting in orders, and performance settlement is based on the advertiser's confirmed effectiveness. Performance deemed invalid will not be settled.
Media agents are solely responsible for any payments they need to make to third parties for displaying specific links on third-party websites (if applicable). Duomai is not responsible for the payment of such amounts. If disputes or lawsuits arise due to a media agent's failure to make payments to a third party, the media agent should assume the payment responsibility according to the court's unfavorable judgment against them or compensate Duomai based on the settlement amount reached in the dispute, and compensate Duomai for all expenses incurred as a result (including but not limited to attorney's fees, travel expenses, etc.).
6. Force Majeure:
For reasons beyond the reasonable control of Duomai, including but not limited to natural disasters, strikes, riots, material shortages or rationing, riots, acts of war, government actions, communication or other facility failures or serious accidents, if these reasons lead to the delay or failure of Duomai's performance, Duomai shall not bear any responsibility to its members.
7. Clause
7.1 In the event of any inconsistencies between the specific activity pages specified by Duomai and the provisions of this agreement, the provisions of the specific activity pages shall prevail.
7.2 Matters not covered by this agreement shall be subject to equal and friendly negotiation between the parties, with an attitude of actively resolving issues in a reasonable manner. If negotiation fails, either party may file a lawsuit regarding the dispute with the People's Court of Jianggan District, Hangzhou City.
7.3 Matters not explicitly stated in this agreement shall be handled in accordance with relevant national laws and regulations.
8.Compliance with Twilio Regulations
8.1 Use of Twilio Services. By agreeing to use our services, we may send you messages via the Twilio platform in the form of text, voice, video, or other types of communication. Using these services means that you agree to comply with Twilio's terms of service and policies, as well as all relevant laws and regulations.
8.2 User Consent. To receive messages sent by us through Twilio, you need to join through a clear consent process. This means that we will provide an option on the registration page or SMS consent page for you to choose whether you wish to receive messages from us.
8.3 Branding and Transparency. All messages sent by us will clearly identify our brand and provide a link to our website. This is to ensure that you know the source of the messages and can access our privacy policy and terms and conditions.
8.4 Data Privacy and Security. We are committed to keeping your personal information secure and will process your information in accordance with applicable data protection laws and our privacy policy.
8.5 Compliance Monitoring and Enforcement. We will monitor the use of Twilio services to ensure compliance with these terms. If we find that you have not complied with these terms, we may take appropriate action, including suspending or terminating your access to our platform.
By using our services and integrating Twilio services, you acknowledge and agree to abide by the above terms as part of our agreement with you.