Terms & Conditions of the TikTok Shop Brand Program
Last Updated: June 2024
Please read carefully. This document contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you participate in the TikTok Shop Brand Program (“Program”).
By registering for the Program, you agree that:(1) you have read, understood, accepted, and agreed to comply with these Terms and Conditions;
(2) you are eligible to participate in the Program.
1. AGENCY
The TikTok Shop “Brand” Program is operated by TikTok Vietnam (the “Agency”), a marketing agency based in Vietnam , acting as an independent contractor on behalf of Blackmores Vietnam (the “Brand” or “Advertiser”). The Advertiser and Agency are collectively referred to as the (“Partners”). The Agency is authorised to manage and implement Program logistics but has no authority to bind the Brand legally unless explicitly stated in writing.
2. OVERVIEW
This Program is an affiliate program whereby Participants (as defined below) can earn commission by posting content promoting Blackmores’ products (“Brand”) on their personal TikTok accounts.
To participate in the Program, you must have or create a TikTok Shop account and have more than 1,000 (one thousand) followers on TikTok.
Participants are not authorized to make any statements on behalf of the Brand that could be interpreted as claims or endorsements unless explicitly approved in writing.
3. ELIGIBILITY
The Program is open only to individuals who are Vietnamese citizens, 18 years of age or older, and legally residing in Vietnam (hereinafter referred to as “Participant” or “you”).
4. COMMISSION
The Advertiser will pay the Participant the proposed commission through the Program for each product sold via your posts under the TikTok Shop Brand Program. Payments will be processed via TikTok Shop.
The Advertiser shall not be liable for any delayed or failed commission payments processed by TikTok Shop. The Participant acknowledges that all payment-related matters are governed by TikTok Shop’s internal policies and systems.
Commission structure, rates, and eligibility requirements are subject to change at the sole discretion of the Advertiser upon written notice or update through the Program portal.
5. PROGRAM REQUIREMENTS
The Participant agrees to comply with the following requirements below for all content created and posted on TikTok under the Program (“Content”).
All Content must be submitted to the Agency for review and approval prior to posting, unless otherwise approved in writing by the Advertiser.
The Advertiser and/or Agency reserve the right to require the Participant to modify or remove any Content at any time, with or without cause, including if deemed non-compliant with legal, regulatory, or brand requirements.
Content must comply with the Law on Advertising (Law No. 16/2012/QH13), the Law on Cybersecurity, and any other applicable Vietnamese regulations.
CONTENT REQUIREMENTS
The Participant’s content must:
1. Comply with all guidelines and requirements outlined in the Brand Brief and any other materials provided by the Partners for the Program;
2. Disclose the relationship with the Brand either verbally within the first 10 seconds of the video (e.g., “I’m excited to work with the Brand”) or through a caption at the beginning of the video (e.g., “Sponsored by Blackmores”), ensuring the placement, font size/style/color are clear, visible, and easy to read;
3. Use TikTok’s affiliate toggle to qualify for commission;
4. Include tags for all relevant Advertiser channels;
5. Clearly and visibly showcase the Brand’s products; and
6. Include any hashtags, swipe-ups, links, or mentions as instructed by the Agency or Advertiser.
POSTING REQUIREMENTS:
Participants must comply with legal regulations on advertising, cybersecurity, consumer protection, child protection, personal data protection, the management, provision, and use of Internet services and online information; must register for tax, declare, and pay taxes in accordance with tax laws; and comply with other relevant legal provisions. The content of the post must also fully adhere to the following regulations:
1. Must not infringe or violate any third-party rights, particularly intellectual property rights;
2. Must be accurate, reflect the Participant’s genuine experience and beliefs, and must not be misleading;
3. May only include opinions or feedback on product results after personally using the product;
4. Must comply with TikTok’s terms and conditions related to TikTok Shop;
5. It is strictly prohibited to post any content that includes:(a) obscene, provocative, violent, pornographic, or offensive material; (b) advertisements for alcoholic beverages with alcohol content prohibited by law, advertisements for narcotics, weapons, or any goods/services that are banned from advertising;(c) content that is immoral, contrary to social ethics, traditional customs and culture, or otherwise offensive; (d) content that is anti-government, or conveys messages or images that insult high-ranking leaders of Vietnam; (e) messages or images that are offensive or damaging to the image of the Advertiser or the Brand; (f) comparisons between one's own products, goods, or services and those of other organizations or individuals of the same type without lawful supporting documentation.
6. Must not contain any third-party trademarks (e.g., in the background, on clothing, on products, etc.);
7. Should use royalty-free music for commercial purposes and/or voiceovers from TikTok’s commercial library where applicable;
8. Must not include images/photos of any celebrities, influencers, or third parties;
9. Must not prominently feature or otherwise include any individuals (including family members) other than the Participant.
10. For content containing links to external websites, the Participant must have measures in place to check and monitor the content of the linked websites to ensure compliance with Vietnamese laws and must not promote links that violate Vietnamese laws.
11. Take measures to block or remove information that violates the law upon request from the Ministry of Information and Communications or other competent authorities, no later than 24 hours from the time the request is made by the competent state authority; and provide information about organizations or individuals operating online that show signs of legal violations to the competent authorities when requested.
12. The post must not be placed within, adjacent to, immediately before, or after any content that violates the laws stipulated in the Law on Cybersecurity and the Law on Intellectual Property.
6. OWNERSHIP / USAGE RIGHTS
The Partners have the right to require the Participant to delete any Content containing materials provided by the Partners, including Advertiser products (“Advertiser Intellectual Property”). The Participant may only use the Advertiser’s Intellectual Property to fulfill the Program and under these Terms and Conditions.
Except for the Advertiser’s Intellectual Property, the Participant will own all intellectual property in Content created under these Terms and Conditions.
The Participant agrees to keep all Content published on TikTok for the duration of their participation in the Program, unless the Partners request earlier removal.
The Advertiser and Agency shall have a worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, display, distribute, and modify all Content created under this Program for promotional, commercial, and internal use across any media, in perpetuity. The Participant waives any rights to approve, inspect, or receive additional compensation for such usage, unless otherwise agreed in writing.
Throughout the Program, the Participant will not disparage or speak negatively about the Advertiser, the Brand, or its products, nor engage in any activity that could damage the public image of the Advertiser, Brand, or its products. This obligation shall survive termination or expiration of the Participant's involvement in the Program.
8. PRIVACY POLICY; PERSONAL INFORMATION
The Participant understands, acknowledges, and agrees that the Agency will, on behalf of the Advertiser, collect and process their personal information (such as name, contact information, phone number, and mailing address) in compliance with Vietnam’s personal data protection laws, and the Agency may share such personal information with third parties (e.g., fulfillment partners) to facilitate the Program.
Personal data may be transferred outside Vietnam only in accordance with applicable data protection regulations, and the Participant consents to such transfer by participating in the Program. The Advertiser may also process your data in accordance with its Privacy Policy, available at blackmores.com.au/privacy.
9. PROGRAM DURATION AND TERMINATION
1. Duration: These Terms and Conditions will commence upon the Participant opting into the Program and will continue until termination.
2. Termination by Participant: You may terminate your participation at any time by emailing Blackmores Vietnam. All commissions earned up to the point of termination will be paid via TikTok Shop.
3. Termination by Agency: Participation in the Program may be suspended, revoked, or terminated at any time by the Partners for any reason. All commissions earned up to the point of termination will be paid via TikTok Shop.
If a Participant is terminated for fraudulent behavior or non-compliance with these Terms and Conditions, they will be ineligible to participate or rejoin the Program, and all accrued commissions will be forfeited.
The Advertiser reserves the right to require removal of any Content referencing the Brand at any time, including post-termination, if deemed non-compliant, inaccurate, or harmful to the Brand's reputation.
The Advertiser reserves the right to withhold commission payments in cases of suspected fraud or material breach until an investigation is completed.
10. CONFIDENTIALITY
The Participant must keep strictly confidential all non-public information provided by the Partners, including these Terms and Conditions and Brand Briefs.
This confidentiality obligation shall survive termination of the Program for a period of three (3) years.
Breach of confidentiality may result in immediate termination and legal action for damages.
The Program is provided on an “as-is” and “as-available” basis with no representations or warranties that the Program will be error-free. The Partners disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, non-infringement, fitness for a particular purpose, and any arising from statute or trade practices.
12. RELEASE OF LIABILITY
By participating, all Participants, on behalf of themselves, executors, heirs, and assigns, agree to release the Partners, their parent companies, affiliates, subsidiaries, franchisees, advertising and promotional agencies, suppliers, and all related officers, directors, employees, and agents (collectively, “Released Parties”), from any and all liability, claims, or actions of any kind for any injuries, losses, damages, or any special, punitive, indirect, incidental, or consequential damages of any kind (including but not limited to lost profits or lost savings), whether based on contract, tort, strict liability, or otherwise, arising out of or in any way connected with the Program, except to the extent caused by gross negligence or willful misconduct of the Advertiser.
13.ARBITRATION
Any dispute between you and the Partners arising out of or relating to these Terms and Conditions, their interpretation, breach, termination, or validity, or the relationships created by them (including disputes regarding the validity, scope, or enforceability of this arbitration clause) (“Covered Dispute”) shall be resolved by arbitration at the Vietnam International Arbitration Center (VIAC), seated in Ho Chi Minh City, Vietnam. The arbitration award shall be final and binding. Before initiating any arbitration proceedings, the claimant shall provide at least 60 days' prior written notice of their intent to arbitrate. The Partners shall provide such notice via email to your address on record with the Agency, and you must provide notice via email to Blackmores Vietnam.
14. MISCELLANEOUS
You acknowledge that you are not an employee of the Agency or the Advertiser and are not entitled to any employee benefits.
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be removed, and the remaining provisions will continue in full force and effect.
All matters and questions relating to the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of the Participant and the Partners in connection with the Program, will be governed by and construed in accordance with the laws of Vietnam.
I HAVE READ, UNDERSTOOD, AND AGREED TO ALL OF THE ABOVE TERMS AND CONDITIONS, INCLUDING ANY FUTURE AMENDMENTS. BY CLICKING “REGISTER” TO JOIN THE PROGRAM, I UNDERSTAND THAT I AM CREATING AN ELECTRONIC SIGNATURE, WHICH I ACKNOWLEDGE HAS THE SAME LEGAL EFFECT AS A HANDWRITTEN SIGNATURE.