This policy aims to regulate the cooperation framework between brands and KOLs and ensure that both parties carry out effective marketing activities under the premise of complying with Hong Kong laws and regulations.
Definition: Clearly define the specific meaning of "brand", "KOL" and other terms.
Purpose: Outline the main objectives of the cooperation, including but not limited to enhancing brand image and increasing product exposure.
Term: Determine the validity period of the cooperation agreement and its possible renewal conditions.
Content Standards: stipulate that the content produced by KOLs must be consistent with the brand's image positioning and must not contain false information or misleading statements.
Advertisement Identification: Any promotional content must be clearly marked as advertising, such as using the tags "#advertisement", "sponsored", etc.
Intellectual Property Protection: Ensure that all materials used have obtained the necessary authorization or license to avoid infringement of others' copyrights.
Consumer Rights Protection: Ensure that the products and services advertised are authentic and reliable, and do not cause fraud to consumers.
Data Privacy: Process user personal information in accordance with the provisions of the Personal Data (Privacy) Ordinance to protect user privacy.
Competition law compliance: Avoid any form of unfair competition, such as false advertising, defamation of competitors, etc.
5.1. Only persons or entities that meet one of the following conditions can apply to become users of this platform and use the services provided by this platform:
1). Natural persons who are 18 years old or older and have civil rights and civil conduct capacity;
2). Natural persons who are under 18 years old but have the written consent of their guardians (including but not limited to parents)
5.2. Companies, enterprises, institutions, social organizations and other organizations established and legally existing in accordance with Chinese laws or the laws, regulations and/or rules of the place of establishment can register as users. If a person without civil capacity, a person with limited civil capacity, or an organization without business or specific business qualifications improperly registers as a user of this platform or engages in transactions beyond its civil rights or capacity, the agreement between it and this platform will be invalid from the outset. Once discovered, this platform has the right to immediately cancel the user and pursue all legal responsibilities for using the "services" of this platform.
Clearly define the ownership of the rights of original works, which are usually owned by KOLs, but brands have the right to use them under specific conditions.
For the use of third-party materials, the authorization should be recorded in detail and the relevant documents should be properly kept as evidence.
Rules of Use
When using HarmonyTech services, users must comply with the relevant laws and regulations of the place of establishment. You agree not to use the service to conduct any illegal or improper activities, including but not limited to the following:
Upload, display, post, disseminate or otherwise transmit information containing any of the following:
1) Oppose the Constitution and any other international, federal, provincial, national regulations, laws, or basic principles established by local laws;
2) Endanger national security, leak state secrets, subvert national power, and undermine national unity;
3) Damage national honor and interests;
4) Incite ethnic hatred, ethnic discrimination, and undermine national unity;
5) Undermine national religious policies and promote cults and feudal superstitions;
6) Inciting illegal assembly, association, procession, demonstration, gathering to disturb social order;
7) Activities in the name of illegal civil organizations;
8) Spreading rumors, disturbing social order, and undermining social stability;
9) Spreading obscenity, pornography, gambling, violence, murder, terror, or abetting crime;
10) Insulting or slandering others, collecting or tracking others' personal information, and infringing others' legal rights;
11) Involving recent sensitive remarks and sensitive activities, criticizing others' products or advertisements, and conducting negative promotion;
12) Containing false, harmful, coercive, infringing on others' privacy, harassing, infringing, slanderous, vulgar, obscene, or other moral
Due to different monitoring policies on the legality and compliance of marketing activities in different places, we will restrict cooperative promotion of some product categories. All partners participating in opinion leader marketing (including KOL, brand owners and agencies) must strictly abide by the following regulations:
7.1 Prohibited product categories
1) Tobacco and related products: including but not limited to cigarettes, e-cigarettes, e-liquids, smoking utensils, etc.
2) Alcoholic beverages: It is prohibited to promote or advertise alcoholic beverages to minors, and it is not allowed to encourage excessive drinking with inducement content.
3) Drugs and medical devices: Prescription drugs, over-the-counter drugs and medical devices that have not been approved by relevant departments shall not be promoted.
4) Health products: It is prohibited to exaggerate the efficacy or falsely promote the therapeutic effects of health products.
5) Financial and investment products: It is prohibited to promote financial products that have not been approved by regulatory agencies, such as illegal fundraising, virtual currency, high-yield financial products, etc.
6) Gambling and gambling services: including online and offline gambling platforms, lottery sales, etc.
7) Adult content and supplies: It is prohibited to promote pornographic content, adult products and related services.
8) Infringement and counterfeit goods: It is prohibited to promote goods that infringe intellectual property rights or counterfeit and shoddy goods.
9) Dangerous goods and prohibited goods: including weapons, explosives, drugs, controlled knives, etc.
Products or services prohibited from promotion by other laws and regulations: According to the laws and regulations of the place where the promotion is located, it is prohibited to promote other products or services that may endanger public safety and violate social order and good customs.
All KOL marketing content must be true and accurate, and must not exaggerate or falsely promote the efficacy of products.
The promotion content must be clearly marked with advertising logos (such as "advertisement" or "promotion") and comply with local advertising laws.
Product promotion involving specific groups (such as minors, pregnant women, etc.) must specifically indicate the applicable population and precautions.
It is prohibited to use misleading, inducing or inflammatory language to avoid improper influence on consumers.
7.2 Legal liability
If a legal dispute or administrative penalty is caused by violation of the above terms, the responsible party shall bear all legal responsibilities and economic losses.
The brand and KOL must jointly ensure the legality of the promotion content and cooperate with the supervision and inspection of relevant departments.
7.3 Supervision and Reporting
If you find any violation of these terms, you can send an email to the platform mailbox: [email protected] or report to the relevant regulatory authorities.
The platform has the right to delete and remove the illegal content, and take measures such as restricting cooperation and banning accounts against the relevant parties depending on the severity of the circumstances.
Liability for breach of contract: Once the contract terms are breached, the breaching party shall bear the corresponding legal liability and compensate the other party for the losses caused thereby.
Disclaimer: Under the influence of force majeure events, the two parties may negotiate to adjust the contract execution plan to reduce or exempt part of the liability.
9.1. Except as otherwise provided in this service agreement, in view of the particularity of network services, this platform has the right to decide at its own discretion, with or without notice, to change, interrupt or terminate part or all of the network services at any time. After the service is terminated, this platform has no obligation to retain the original user data or any information related to it for the user, or forward any information that has not been read or sent to the user or third party.
9.2. If a user requests to cancel the registered user identity on this platform, this platform shall review and agree to cancel the registered user, and the user shall terminate the agreement with this platform, but this platform still reserves the following rights: 1) After the user cancels, this platform has the right to retain the user's information, including but not limited to previous user information, transaction records, etc. 2) After the user cancels, if the user has committed illegal acts or violated this agreement on the trading platform of this platform before cancellation, this platform can still exercise the rights stipulated in this agreement.
Regularly review the progress of cooperation to ensure that both parties perform their obligations as agreed.
Establish an effective communication mechanism to promptly resolve problems or disputes arising during the cooperation process.
Governing Law: Specifies that this Agreement is governed by Hong Kong law and stipulates the method of dispute resolution, such as resolving disputes through arbitration rather than litigation.
Modification and Notice: Explains how to formally modify this Agreement and how to send important notices to the other party.