Rules for Management Relationship between LIVE creator and Creator Network on TikTok (for LIVE Creator)
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Rules for Management Relationship between LIVE creator and Creator Network on TikTok (for LIVE Creator)
Last Updated May 2024
- Introduction
1.1 The rules set forth hereunder(the "Rule") shall apply to the management relationship on TikTok platform(“Management Relationship”)between Creator Networks that have registered to use the LIVE Backstage platform (each as an "Creator Network" and collectively as "Creator Networks") and certain TikTok users (each as an "LIVE creator" and collectively as "LIVE creators").
1.2 Creator Networks and LIVE creators should reach a separate agreement (“Agreement”) regarding their relationships before the formation of Management Relationship on TikTok platform. TikTok shall not in any way be a party to such Agreement. Nothing contained in this Rule or the Agreement shall be construed or have effect as constituting any relationship of employment between TikTok and any LIVE creator, or is intended to exert control over LIVE creators.
1.3 If relevant feature is not available when this Rule is published, TikTok will notify Creator Networks and LIVE creators when the features become available, and relevant rules will become effective then.
1.4 The LIVE creator acknowledges and accepts to adhere to this Rule by accepting the corresponding Creator Network invitation on TikTok platform ("Creator Network Invitation").
1.5 The Creator Network acknowledges and accepts this Rule is supplemented to the Terms of Service on the LIVE Backstage platform, and shall form an integral part of the Terms of Service and shall be read and construed along with these Terms of Service.
- About forming the Management Relationship
2.1 A Creator Network is not allowed to form a Management Relationship with a LIVE creator on TikTok platform in any of the below circumstances:
a. The account or the relevant livestream function of the LIVE creator is banned;
b. The LIVE creator is under 19 in Korea, or under 18 in other countries or regions.
c. The LIVE creator has already formed a Management Relationship with another Creator Network on TikTok, or is in commercial cooperation with TikTok;
d.The LIVE creator is physically located outside of the Creator Network's region;
e. The LIVE creator who does not meet the requirements regarding the Diamonds collection level, followers level or other eligibility requirements published by TikTok from time to time;
f. The LIVE creator who left the Creator Network's network according to section 4.2(b) hereunder in the past 60 days; or
g. When a LIVE creator's LIVE content is not in line with TikTok's Community Guidelines (including For You feed eligibility standards).
2.2 A LIVE creator is deemed to have formed the Management Relationship with the Creator Network and joined the network of the Creator Network, from the later of the date on which they have accepted the Creator Network Invitation or the date specified in an accepted Creator Network Invitation.
2.3 The duration of the Management Relationship is the duration set out by the Creator Network and accepted by the LIVE creator in the Creator Network Invitation, subject to renewal before expiration per product feature.
2.4 Once a LIVE creator joins the Creator Network's network, the Creator Network will be entitled to receive the fees from TikTok in connection with the livestream LIVE creatored by the LIVE creator.
2.5 The LIVE creator further acknowledges and agrees that, after the LIVE creator uses the account (the "Creator Network Managed Account") to join the network of the Creator Network (the "Original Creator Network"), the LIVE creator shall not use any other account to form a Management Relationship with another Creator Network or go LIVE stably on TikTok by means of opening or borrowing any other account (including individually managed accounts) or otherwise (the “Side Account”) when the LIVE creator is in the network of the Original Creator Network.
For such purpose, the LIVE creator acknowledges and agrees that TikTok is entitled to determine the user of the account, as the individual with the most single appearance time/frequent in the recent LIVE and short video content of the account at its sole discretion.
If the LIVE creator does not comply with the above, TikTok is entitled to remove the Side Account from another Creator Network's network (if applicable) and/or migrate the Side Account to the Original Creator Network's network. After the Side Account is migrated to the Original Creator Network, the end time of the Management Relationship and the Buddy Reward ratio for this account will be adjusted to match the Creator Network Managed Account.
- About transferring the Management Relationship
3.1 LIVE creator’s Management Relationship with one Creator Network (“Previous Creator Network”) may be transferred to another Creator Network (“New Creator Network”) on TikTok platform, subject to mutual agreement among the triple parties.
3.2 After the transfer of Management Relationship, the LIVE creator will be removed from the network of the Previous Creator Network. The Previous Creator Network will no longer have access to LIVE creator’s data analytics on the LIVE Backstage platform.
3.3 After the LIVE creator is transferred to the network of the New Creator Network, the New Creator Network is entitled to receive Fees from TikTok in connection with the livestream LIVE creatored by the LIVE creator.
4.About terminating the Management Relationship
4.1 The Management Relationship between the LIVE creator and the Creator Network is terminated when the LIVE creator leaves the Creator Network's network.
4.2 Early termination by LIVE creator
a. If the LIVE creator has been a part of the Creator Network's network for 15 days or less, the LIVE creator can leave the Creator Network's network immediately upon clicking "quit" in the Creator Network Center.
b. If the LIVE creator has been a part of the Creator Network's network for more than 15 days, the LIVE creator can leave the Creator Network's network immediately upon clicking "quit" in the Creator Network Center if the livestream of the LIVE creator has been inactive for 30 days, which means the LIVE creator's accumulated livestream duration is less than 7 hours during the past 30 days (the "Inactive").
4.3 Mutual agreement on termination
LIVE creators can apply to reach a mutual agreement with the Creator Network to leave Creator Network network early, which will take effect immediately from Creator Network's acceptance of the LIVE creator's quit application. LIVE creators can only apply to quit by mutual agreement once every 30 days, starting from the earlier of application being rejected by the Creator Network, or the 7 day negotiation period ending.
4.4 Platform Resolution on termination
(1) TikTok's Platform Resolution: Within 7 days after failure of the above Mutual Agreement, the LIVE creator can invite TikTok to assist with and make resolution on the LIVE creator's quit from the Creator Network network. When the LIVE creator has provided supporting material proving that the Creator Network has violated platform policies limited to specific scenarios under resolution procedures available via user interfaces (the "Resolution Procedures"), while the Creator Network does not have sufficient evidence to rebut, TikTok will support the LIVE creator to quit from the Creator Network network; otherwise, TikTok will not support the LIVE creator's quit request and the LIVE creator will still remain in Creator Network network. The LIVE creator and Creator Network shall strictly keep any and all information provided by the other party during the Platform Resolution process confidential and shall not use such information for any other purpose, or share or disclose such information to any third party other than TikTok, excluding information which is already in the public domain for reasons other than through a breach of the aforementioned confidentiality obligations, or which is required to be disclosed by law or a directive issued by any judicial, statutory or governmental Creator Network. The Resolution Procedures may be updated by TikTok from time to time, and please check the latest version on TikTok or LIVE Backstage platform.
(2) Resolution Basis: TikTok will resolve and decide the case based on TikTok policies applicable to the LIVE creator and/or Creator Network (including but not limited to Community Guideline, Creator Network Management Policy, Management Relationship Rules), any agreement between the LIVE creator and Creator Network agreed on TikTok (including but not limited to the Creator Network Invitation, Creator Network Buddy Program Terms if applicable) and the latest Resolution Procedures. Please note that any offline agreement between LIVE creator and Creator Network is generally not a basis for TikTok's platform resolution, considering that TikTok is unaware of offline agreement and is unable to resolve the case.
(3) Resolution Effectiveness: Both LIVE creator and Creator Network acknowledge and accept that, they shall respect the final resolution decision made by TikTok according to the Resolution Procedures (the "Resolution Decision"). If either LIVE creator or Creator Network is not satisfied with the Resolution Decision, either party may further seek judicial decision with respect to the Resolution Decision. However, TikTok will still execute the Resolution Decision about LIVE creator's quit from Creator Network network, before receiving an effective judicial decision. To avoid ambiguity, TikTok's Resolution Decision will only affect the Management Relationship between LIVE creator and Creator Network on TikTok platform (limited to creator data sharing, Creator Network invitation, and Creator Network incentive), and will not affect the performance of any offline agreements between LIVE creator and Creator Network.
(4) Limitation of Our Liabilities: TikTok will not be responsible for any and all liability for any injuries, loss or damage of any kind suffered by any party arising from or related to TikTok's Platform Resolution. Both LIVE creator and Creator Network acknowledge and accept to forever discharge, release, hold harmless, and will indemnify and defend, TikTok and each of its parent companies, subsidiaries, and affiliates, and each of their directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability, claims, losses, damages, causes of action, suits, and demands of any kind (including, without limitation, any violation of personal right such as right of publicity or privacy, and claims of intellectual property infringement) (“Claims”) arising from or in connection with the TikTok's Platform Resolution, however caused.
(5) The LIVE creator can quit from Creator Network network by the means of 30-day inactive LIVE stipulated under section 4.2(b) at any time. To avoid any ambiguity, if the LIVE creator has quit from Creator Network network by the means of 30-day inactive LIVE, any in-process Platform resolution under section 4.4 will be terminated immediately without any effectiveness.
4.5 Automatic termination
The LIVE creator will automatically leave the Creator Network's network:
a. Once the duration set out by the Creator Network and accepted by the LIVE creator in the Creator Network Invitation has expired, unless renewal before expiration;
- In the event of the expiration or termination of the effective services agreement between the Creator Network and TikTok, or in case the Creator Network is no longer eligible to manage the LIVE creator on TikTok platform under the accepted Creator Network Invitation. In this case, the Creator Network shall be responsible for informing all LIVE creators in its Creator Network's network.
4.6 If TikTok reasonably finds that the LIVE creator has severely violated any policies or rules issued by TikTok or any behavior of the LIVE creator on TikTok platform has led or may lead to material reputation risks towards TikTok,TikTok shall have the discretion to terminate the Management Relationship.
4.7 Once the LIVE creator leaves the Creator Network's network:
a. the LIVE creator will be removed from the network of Creator Network, and the Creator Network will no longer have access to such LIVE creator's data analytics on the LIVE Backstage platform;
b. the LIVE creator may be blocked from any privileges on TikTok related to the Management Relationship with the Creator Network; and
c. The Creator Network is no longer entitled to receive any fees from TikTok in connection with the livestream LIVE creatored by such LIVE creator. Any additional payment in connection with such creator's content will be at TikTok's sole discretion.
Rules for Management Relationship between Host and Agency on TikTok
(for Advanced LIVE Creator)
Last Updated July 2023
- Introduction
1.1 The rules set forth hereunder(the "Rule") shall apply to the management relationship on TikTok platform(“Management Relationship”)between agencies that have registered to use the LIVE Backstage platform (each as an "Agency" and collectively as "Agencies") and certain TikTok users (each as an "Host" and collectively as "Hosts").
1.2 Agencies and Hosts should reach a separate agreement (“Agreement”) regarding their relationships before the formation of Management Relationship on TikTok platform. TikTok shall not in any way be a party to such Agreement. Nothing contained in this Rule or the Agreement shall be construed or have effect as constituting any relationship of employment between TikTok and any Host, or is intended to exert control over Hosts.
1.3 If relevant feature is not available when this Rule is published, TikTok will notify Agencies and Hosts when the features become available, and relevant rules will become effective then.
1.4 The Host acknowledges and accepts to adhere to this Rule by accepting the corresponding agency invitation on TikTok platform ("Agency Invitation").
1.5 The Agency acknowledges and accepts this Rule is supplemented to the Terms of Service on the LIVE Backstage platform, and shall form an integral part of the Terms of Service and shall be read and construed along with these Terms of Service.
2. About forming the Management Relationship
2.1 An Agency is not allowed to form a Management Relationship with a Host on TikTok platform in any of the below circumstances:
a. The account or the relevant livestream function of the Host is banned;
b. The Host is under 19 in Korea, or under 18 in other countries or regions.
c. The Host has already formed a Management Relationship with another Agency on TikTok, or is in commercial cooperation with TikTok;
d. The Host is the founder or shareholder of the Agency or is found controlling the Agency otherwise;
e. The Host who does not meet the requirements regarding the Diamonds collection level, followers level or other eligibility requirements published by TikTok from time to time; or
f. The Host who left the Agency's network according to section 4.4(c) hereunder in the past 15 days, or left the Agency's network according to section 4.2(b) hereunder in the past 60 days.
2.2 A Host is deemed to have formed the Management Relationship with the Agency and joined the network of the Agency, from the later of the date on which they have accepted the Agency Invitation or the date specified in an accepted Agency Invitation.
2.3 The duration of the Management Relationship is the duration set out by the Agency and accepted by the Host in the Agency Invitation, subject to renewal before expiration per product feature.
2.4 Once a Host joins the Agency's network, the Agency will be entitled to receive the fees from TikTok in connection with the livestream hosted by the Host.
2.5 The Host further acknowledges and agrees that, after the Host uses the account (the "Agency Managed Account") to join the network of the Agency (the "Original Agency"), the Host shall not use any other account to form a Management Relationship with another Agency or go LIVE stably on TikTok by means of opening or borrowing any other account (including individually managed accounts) or otherwise (the “Side Account”) when the Host is in the network of the Original Agency. For such purpose, the Host acknowledges and agrees that TikTok is entitled to determine the user of the account, as the individual with the most single appearance time/frequent in the recent LIVE and short video content of the account at its sole discretion. If the Host does not comply with the above, TikTok is entitled to remove the Side Account from another Agency's network (if applicable) and/or migrate the Side Account to the Original Agency's network. In such cases, the Side Account will be subject to any prevailing agreement (including Agency Invitation) between the Host and the Original Agency.
- About transferring the Management Relationship
3.1 Host’s Management Relationship with one Agency (“Original Agency”) may be transferred to another Agency (“New Agency”) on TikTok platform, subject to mutual agreement among the triple parties.
3.2 After the transfer of Management Relationship, the Host will be removed from the network of the Original Agency. The Original Agency will no longer have access to Host’s data analytics on the LIVE Backstage platform.
3.3 After the Host is transferred to the network of the New Agency, the New Agency is entitled to receive Fees from TikTok in connection with the livestream hosted by the Host.
4. About terminating the Management Relationship
4.1 The Management Relationship between the Host and the Agency is terminated when the Host leaves the Agency's network.
4.2 Early termination by Host
a. If the Host has been a part of the Agency's network for 15 days or less, the Host can leave the Agency's network immediately upon clicking "quit" in the Agency Center.
b. If the Host has been a part of the Agency's network for more than 15 days, the Host can leave the Agency's network immediately upon clicking "quit" in the Agency Center if the livestream of the Host has been inactive for 30 days, which means the Host's accumulated livestream duration is less than 7 hours during the past 30 days (the "Inactive").
4.3 Mutual agreement on termination
Either Host or Agency can apply to reach a mutual agreement on early termination with the other party, which will take effect immediately from the other party’s acceptance of quit application. The Host and Agency will have 7 days to reach an agreement. However, either party can only apply to quit by mutual agreement once every 30 days, starting from the earlier of application rejected by the other party or the 7-day negotiation period ending. If the Host's application is canceled by the Host within 7 days after application, the Host won’t be able to submit another application for 30 days after cancellation.
4.4 Automatic termination
The Host will automatically leave the Agency's network:
a. Once the duration set out by the Agency and accepted by the Host in the Agency Invitation has expired, unless renewal before expiration;
b. The Diamond amount collected by the Host through the valid livestream based on the Host's content popularity per calendar month has not achieved the target values indicated on Agency Invitation for 3 consecutive months after joining the Agency's network.
c. In the event of the expiration or termination of the effective services agreement between the Agency and TikTok, or in case the Agency is no longer eligible to manage the Host on TikTok platform under the accepted Agency Invitation. In this case, the Agency shall be responsible for informing all Hosts in its Agency's network.
4.5 If TikTok reasonably finds that the Host has severely violated any policies or rules issued by TikTok or any behavior of the Host on TikTok platform has led or may lead to material reputation risks towards TikTok,TikTok shall have the discretion to terminate the Management Relationship.
4.6 Once the Host leaves the Agency's network:
a. the Host will be removed from the network of Agency, and the Agency will no longer have access to such Host's data analytics on the LIVE Backstage platform;
b. the Host may be blocked from any privileges on TikTok related to the Management Relationship with the Agency; and
c. The Agency is no longer entitled to receive any fees from TikTok in connection with the livestream hosted by such Host.