Overview

Under Cheetah Mobile Advertising Promotion Policy (hereinafter referred to as Policy), Cheetah Mobile refers to Cheetah Technology Corporation Limited and its related entities (Hereinafter referred to as “Cheetah Mobile”). “related entity” means, with respect to a party, any entity that controls, is controlled by, or is under common control with such party; “control” means being the direct or indirect ownership of more than 50% of the stock, shares or interests entitled to vote for election of directors or other governing body of the entity or otherwise having the ability to direct the management of such entity. Under this Policy, Channel refers to nature person, legal person or other entity which provide advertising promotion service for Cheetah Mobile (hereinafter referred to as “Channel”).

The Channel represents and warrants that the promotion materials and promotion service provided by it are in compliance with the Policy of Cheetah Mobile as below. The Policy is not a legal advice or opinion, and compliance with this Policy does not necessarily mean the Channel has complied with all applicable laws and regulations. The Channel has the responsibility to ensure the promotion materials and promotion service provided by it are in compliance with all applicable laws and regulations, public order and social morality.

I. General

The Policy includes the examination of promotion materials, requirements of promotion service  and other relevant requirements.

The Policy applies to all Channels which provides promotion service to Cheetah Mobile. The promotion provided shall be made through the Channel’s own inventories without sub-contracting, transfer, assign or license any of the promotion to any third party, unless otherwise approved in advance by Cheetah Mobile in writing. If the Channel needs to sub-contract, transfer, assign or license any of the promotion to any third party, it shall get Cheetah Mobile’s approval in advance and it shall be responsible for the promotion activity of the third party, and ensure that the third party shall also be bound by the Policy.

II. Qualification of Channel

If the Channel is a natural person, the Channel shall warrant its legal qualification in providing promotion service and shall provide its identity documents; if the Channel is juveniles, the prior written approval from the Channel’s legal guardian is also requested. If the Channel is a legal entity or other entity, it shall warrant that its legal qualification in providing promotion service and shall provide its qualification documents.

III. Promotion Materials

1. Promotion Materials: means the advertising media, applications, links, videos, texts, graphics, image, icon and such other items and the promotion idea, promotion design and the like (collectively, “Promotion Materials”) provided by the Channel for promoting Cheetah Mobile’s product or service. The Channel shall warrant that the Promotion Materials offered are in compliance with applicable laws and regulations, without infringement of any third party’s right, including but not limited to advertising laws, privacy laws, internet security laws, intellectual properties, anti-competition laws, do not do harm to social morality and do not contain any virus, malware or malicious code.

2. The Promotion Materials shall not contain any of the following content:

• A. against the basic principles of the Constitution;
   
• B. endangering national security, disclosing state secrets, subverting national government and undermining national unity;
   
• C. amaging the honor and interests of the state;
   
• D. inciting hatred or discrimination among ethnic groups, or undermining the solidarity among ethnic groups;
   
• E. opposing the state's religious policies, advocating religious extremism, cult or superstition;
   
• F. spreading rumors, disrupting social order and harming social stability;
   
• G. advocating obscenity, gambling, violence, terrorism, abetting the commission of a crime;
   
• H. insulting or defaming others and infringing other's legal rights and interests;
   
• I. containing any content prohibited by laws or administrative regulations.
   

3. All statement and declaration in the Promotion Materials shall have been proved. Promotion Materials must not mislead or cheat users by lottery, prize, free-give-away, untrue discounts or pretend as or in form similar to system notice or alarm. Ads and offers in the Promotion Materials must not contain any deceptive, false, or misleading content. Promotion Materials shall not provoke users.

4. Promotion Materials must clearly represent the company, product, service, or brand that is being advertised. Products and services promoted in the ad copy must match those promoted on the landing page, and the destination site may not offer or link to any prohibited product or service. Promotion Materials shall direct to the normally functioning landing page and shall not have any hindrance for users to log out or close the landing page.

5. Special products or services

Following is special type of products and services which shall comply with the applicable laws and regulations, and further:

• A. Adult Products
   

Promotion Materials must not promote sale or use of adult products or services, including but not limited to toys, videos, publications, live-show or sexual enhancement products in connection with such adult content.

• B. Alcohol
   
• C. Live Video
   
• D. Addicted Drugs and Tobacco
   
• E. Gambling and Lottery
   
• F. Software
   
• G. Subscription Service
   
• H. Weapon and explosives
   
• I. Political Content
   
• J. Unacceptable Business Models
   

IV. Promotion Service

1. The Channel shall promote the Promotion Materials in a way that is in compliance with relevant applicable laws and regulations, does not infringing upon any third part’s rights and will not do harm to Cheetah Mobile or its related entity’s reputation. Cheetah Mobile shall not be liable for any violation of laws and regulations or infringement of third party’s right by the Channel or Channel’s related entity, agent, distributor or sub-contractor and the Channel shall at its own expense, to indemnify, defend and hold harmless Cheetah Mobile, its related entity, and their employees, representatives, agents, against any and all expenses, losses or liability of any kind (including reasonable attorneys’ fees and costs) incurred in connection with any claims, administrative proceedings or criminal investigations of any kind arising out of the violation of laws and regulation and breach of any legal duty by the Channel.

2. The Channel shall represent and warrant that it will comply with this Policy and the other  policies published by Cheetah Mobile on its website, including but not limited to privacy policy.

3. The Channel shall promote Cheetah Mobile’s product or service in a honest way. In particular, the Channel undertakes:

• A. to include and maintain a Cheetah Mobile tracking code within the Channel Links.
   
• B. shall make promotion through the Channel’s own inventories without sub-contracting, transfer, assign or license any of the agreement between parties to any third party, unless otherwise approved by Cheetah Mobile in writing
   
• C. not to modify or alter the advertising content and/or the Channel Link in any way.
   
• D. not to place Cheetah Mobile Links in third party newsgroups, message boards, blogs, unsolicited email and other types of spam, link farms, short messages, chatrooms, or guestbooks;
   
• E. not to place Cheetah Mobile’s product or service adjacent to content that promotes  obscenity, pornography, violence, gambling, murder, horror or abetting the commission of crimes;
   
• F. not to engage in pop-up or pop-under advertising using any means involving third party properties and/or services/applications. Pop ups/unders are acceptable on a first party basis only when triggered by the Channel’s site content or by downloadable applications for which the Channel is the owner/operator. Pop ups/unders delivered through downloadable applications cannot engage in means that force clicks or perform redirects;
   
• G. not to generate non-bona fide transactions by using any device, program, software, robot, Iframes, hidden frames or any similar tool;
   
• H. not to mislead the end-users, and not to use any mechanism which force a click-through leading to a transaction;
   
• I. not to engage in acts of fraud;
   
• J. that all promotions made will be compliant with law and regulations and the terms and conditions of the relevant app market place.
   

V. Examination of Promotion Materials

Before each publishing, the Channel shall provide the Promotion Materials to Cheetah Mobile for Cheetah Mobile’s review and approval, no matter if the same or similar Promotions Materials have once been approved by Cheetah Mobile for previous promotion. The Channel shall not publish any other materials that are not reviewed and approved by Cheetah Mobile. If the Channel intends to change the Promotion Materials, it shall notify Cheetah Mobile at least three days in advance and shall not make any change without Cheetah Mobile’s prior approval on such change. The Channel acknowledges that the review by Cheetah Mobile is only formal examination and does not mean that Cheetah Mobile recognize the legality and truth of the Promotion Materials provided by the Channel.The Channel shall be solely responsible for the Promotion Materials and warrant that it has legal rights to use such Promotion Materials.

VI. Intellectual Property

1. Unless otherwise agreed by both parties, Cheetah Mobile and the Channel remain the exclusive owners of all their respective intellectual property rights (including, but not limited to, the intellectual property rights related to their website, product, editorial content, software, trademarks and patents).

2. The Channel warrants that it has all the permissions and all rights to display advertising content and links on the Channel medium. The Channel undertakes not to copy or modify the advertising content or link in any manner, and especially not to remove or alter any copyright or trademark notices.

3. The Channel undertakes not to challenge Cheetah Mobile’s proprietary rights, and not to adopt or use in any manner any trademarks, service marks, trade names, and/or URLs that are the same or confusingly similar to, are combined with, or in any other way infringe, those of Cheetah Mobile.

4. If the Channel uses other party’s trademark, copyright, portrait, etc., it shall warrant that it has legal authorization to use such materials, and shall provide the authorization evidence from the legal owner. The Channel shall be responsible for the accuracy, truth, legality of the authorization evidence. The Channel shall fully indemnify Cheetah Mobile against any loss or claim resulting from any violation herein.

5. The Channel shall provide proper complaint channel to relevant legal owners, to ensure that the legal owners could have channel to claim for their rights.

VII. Data Protection and Privacy Policy

1. The Channel must comply with all applicable laws, regulations and industry customs, including those concerning privacy and data protection, and should take into account any applicable self-regulatory regimes, that apply to their apps, sites, distribution, data handling and business practices.

2. The Channel shall comply with Cheetah Mobile’s private policy.

3. The Channel must provide visible notice to, and obtain legally sufficient consent from, the Channel’s users regarding the scope of collection and sharing of data by the Channel with Cheetah Mobile and third parties for advertising and internal business purposes, including but not limited to, device identifiers, MAC address, IMEI number and location information.

4. The Channel must not collect, edit, sell or distribute the private information of Cheetah Mobile or its user without the prior consent of such party.

5. The Channel must add the informational and privacy required elements to all interest-based native ads in order to allow users to opt-out from interest-based advertising, and must not remove or obscure the visibility or functionality of privacy opt-out elements from any advertising creatives displayed on the Channel’s apps, sites or the like.

VIII. NO BRIBERY

1. If the Channel or its staff offers any remuneration, gift or other tangible or intangible benefits to Cheetah Mobile’s staff or their relatives, including but not limited to money, meals, shopping cards, discount cards, WeChat red envelopes, electronic prepaid card, travel expenses, study funds and any facilities and qualifications, it will be considered as commercial bribery. The bribery activities of the Channel’s staff for the sales of goods or service of the Channel shall be deemed as done by the Channel itself.

2. In the event that Cheetah Mobile has reason to believe that a breach of the above section has occurred or is likely to occur, Cheetah Mobile is entitled to ask the Channel to terminate such activity and the Channel shall hold the liability for the losses, damages and other expenses incurred by Cheetah Mobile for such breach by the Channel. In addition, the Channel shall cooperate fully with Cheetah Mobile, if any entity or employee of Cheetah Mobile has engaged in a bribery, to provide books and records or cooperate with other investigation performed by or on the behalf of Cheetah Mobile. The Channel may contact the internal control department on a bribery issue through jubao@cmcm.com.

3. The Channel warrants and covenants that none of the Channel, its related entity, owners, directors, officers, employees, representatives, and agents or its relative or family member has benefited from a bribery or holds or will hold an ownership or any other economic interest, including as the counsel, employee, direct or indirect, in Cheetah Mobile. Any existence of this section shall be immediately disclosed to Cheetah Mobile by the Channel and such related party shall not engage in the cooperation with Cheetah Mobile.

IX. Others

The Channel shall be solely responsible for the breach of any applicable laws, regulations or this Policy. Cheetah Mobile reserves the rights to change this Policy according to the changes of relevant laws, regulations, the development of Internet, the business operation status and business strategy, etc. This Policy may be changed any time and such change will be effective upon publication.

Latest edited: 2017-09-01