TikTok for Business Affiliate Program Terms
Last updated: June [1], 2026
The following are the terms and conditions of your agreement to become a member of the TikTok for Business Affiliate Program (“
TikTok Affiliate Program” or “
Program”), operated by BD TikTok USA LLC, a Delaware limited liability company with offices located at 5800 Bristol Parkway, Suite 100, Culver City, California 90230, and its affiliated companies, including TikTok Pte. Ltd. (“
TikTok”, “
we”, “
us” or “
our”). By applying to be a Media Partner (“
you” or “
your”) under the TikTok Affiliate Program and placing any Referral Link (as defined below) to Your Properties (as defined below), you agree to be bound by all the terms and conditions set forth in these Terms. If you are acting on behalf of a legal entity, you represent and warrant that (i) you have the right and authority to act on behalf of such legal entity; (ii) you have the right and authority to execute this TikTok for Business Affiliate Program Terms (these “
Terms”). These Terms supplement and incorporate
the Commercial Terms of Service (including the
Advertising Terms and
Advertising Policies incorporated therein) between you and TikTok, and govern your eligibility for and participation in the Program. The TikTok Affiliate Program Guidelines (the
“Program Guidelines”) and TikTok for Business Affiliate Program Incentive (the
“Program Incentive”) are incorporated by reference herein.
Please read them carefully and ensure you understand them. If you do not agree to these Terms, you cannot participate in the Program. By accepting these Terms, or by otherwise participating in the Program, you will be entering a binding and enforceable contract with TikTok.
- Eligibility, Referral and Rewards
1.1. Eligibility. To be eligible for the Program, you must:
- reside in regions eligible for the Program;
- complete the business verification as set forth in Section 1.6; and
- not be a Government Authority, and not in any way, be managed, or controlled by any Government Authority or Government Official.
- For the purposes of these Terms, “Government Authority” means (a) a national government, political subdivision thereof, or local jurisdiction therein; (b) an instrumentality, board, commission, court, or agency, whether civilian or military, of any of the above; (c) a government-owned/government-controlled association, organization, business or enterprise, including universities, institutions, hospitals, operators of ports, airports, railways and airlines, other transportation companies, and industrial parks, etc.; (d) a political party; or (e) public international organizations (such as the UN, WHO, and World Bank). “Governmental Official” means (a) officers and employees of any Government Authority at all levels, including national, federal, provincial, state, or local levels; (b) officers and employees of a department, agency, or instrumentality of any Government Authority; (c) individuals acting in official capacity or exercising a public function on behalf of any Government Authority; (d) officers and employees of enterprises or institutions owned or controlled by a Government Authority; (e) party officials, or candidates for political office; (f) employees or persons acting on behalf of a public international organization (e.g. United Nations, International Monetary Fund, World Bank, etc.); and (g) members of royal families.
TIKTOK RESERVES THE RIGHT TO EXCLUDE ANY MEDIA PARTNER FROM PARTICIPATING IN THE PROGRAM FOR ANY REASON.
1.2. Program Platform and Referral Links.
1.2.1. To participate in the Program, you should create an account on a marketplace platform operated by a third party as specified by TikTok including PartnerStack (https://partnerstack.com/) (the "Marketplace Platform”), and create a TikTok for Business account to log into the TikTok portal specifically for the program (the “TikTok Program Portal”, together with the Marketplace Platform, the “Platforms”).
By agreeing to participate in the Program and creating an account on the Marketplace Platform, you hereby agree and authorize the Marketplace Platform to share with TikTok the information you provide to the Marketplace Platform during registration, including but not limited to your name, address, country, email address, telephone number and tax information, for the purpose of automatically creating a TikTok for Business account for you to enable you to sign up the TikTok Program Portal. The Partner Agreement or any other agreement of the same nature entered into between you and the Marketplace Platform governing your use of the Marketplace Platform is referred to as the “Marketplace Platform Terms”.
1.2.2. By agreeing to participate in the Program, you will be provided with a tracking link through the Marketplace Platform or TikTok Program Portal, which links to a web page owned by TikTok and enables new advertisers to create TikTok Ads Manager accounts through such link (the “Referral Link”). To participate in the Program, you should place the Referral Link on your website or other online or digital property, or offline properties such as physical media that you own or operate ("Your Properties”) for the purpose of helping TikTok Ads acquire new advertisers.
1.2.3. You shall not alter any Referral Link without our prior consent. Any altering of the Referral Link will possibly result in data related your performance being inaccurate, and we shall not be liable for any discrepancies in amount of Rewards (as defined below) or any non-payment arising out of such inaccuracy.
1.3. Program Tiers. Each Media Partner participating in the Program will be categorized into a tier (i.e., Member, Silver, Gold & Platinum) based on the number of Referred Advertisers (as defined below) each having qualifying Ad Spend (as defined below) greater than $0 USD within the previous quarter as set forth in the Program Incentive. During the term of the Program, the tier of Media Partners will be updated on a quarterly basis in accordance with the number of Referred Advertisers of each Media Partner according to the Program Guidelines that may be updated from time to time in TikTok's sole discretion.
1.4. Referred Advertisers. For the purpose of these Terms and the Program, “Referred Advertisers” means new advertisers who have not used any TikTok Ads products or services before, have created a TikTok Ads Manager account through your Referral Link for the first time, and start to place ads via TikTok Ads Manager targeting jurisdictions eligible for the Program. Each advertiser can only be deemed as one Media Partner’s Referred Advertiser.
1.5.
Rewards. Media Partners will be eligible to participate in the Program and receive commission and bonus rewards (the “
Rewards”) provided that the relevant reward criteria is met as determined by TikTok in its sole discretion in accordance with these Terms, including the
Program Guidelines and the
Program Incentive. Rewards earned under the Program in accordance with these Terms will be made available to each Media Partner for withdrawal to their bank account via the Marketplace Platform.
1.6. Business Verification. In order to be eligible to receive the Rewards, Media Partners must successfully complete business verification as reasonably required by TikTok or our service provider in the TikTok Affiliate Program, either as indicated in TikTok Program Portal or the Marketplace Platform or as required by TikTok representatives in separate communications. If you have not completed such business verification, you may not be eligible to receive Rewards in the Program.
1.7. Ad spend. You understand and agree that all Rewards are subject to the calculation method as set forth in the Program Incentive and Program Guidelines. The advertising spend of Referred Advertisers (the "Ad Spend") to be included in calculation of Rewards will only account for amounts received by TikTok for eligible TikTok commercial products and services as specified in the Platform Guidelines, and shall not include amounts made by or on behalf of advertisers, that is: (i) found to be in breach of any terms such advertiser agrees to with TikTok or any policies maintained by TikTok from time to time, (ii) subject to any enforcement action by TikTok, including suspension or cancellation of an advertiser’s TikTok Business Center and/or TikTok Ads Manager account or advertising campaigns, (iii) subject to a right of repayment in favour of the advertiser, or any unexpired cooling-off period, or (iv) unpaid and considered bad debt by TikTok.
1.8. No double-dipping. Each Media Partner and any of its Affiliates (as defined below) may only receive Rewards, attribution for Ad Spend, or any other reward for a given Referred Advertiser only once. If you are also involved in any other advertising incentive program run by TikTok or its affiliates, you agree that the advertising spend under the Program shall not also be taken into account by TikTok towards any other advertising incentive program.
For the purpose of these Terms, “Affiliate” means any person or entity that directly or indirectly owns, is owned by, or is under common ownership with the entity; and “ownership” means control of more than a 50% interest in an entity.
1.9. No conflict of interest. No Rewards shall be calculated and provided in occurrence of any Conflict of Interest. For the purpose of these Terms, "Conflict of Interest" means the following circumstances:
- an advertiser's key employee, officer, director, or board member's personal interests;
- an advertiser's organization or Affiliate's business interests; and/or
- the interests of anyone who has a significant personal relationship (e.g. romantic partners or relatives) with an advertiser’s key employee, officer, director or board member,
actually or potentially interferes in any way with the interests (commercial, financial or other interests) or TikTok or TikTok’s employees, either currently or in the reasonably foreseeable future.
1.10. True and complete information. You must provide true, correct and complete information to TikTok and its service providers (including the Marketplace Platform) under the Program at all times, including but not limited to, your identity, contact information, payment instructions, tax information and any other information that TikTok may reasonably request from time to time.
1.11. Non-exclusive activity. TikTok grants you a non-exclusive right to direct individuals or entities to TikTok for Business products and services, in accordance with these Terms. You shall have no claims to Rewards or any other incentive or compensation on Referred Advertisers or business secured or partially secured by or through persons or entities other than you (except your Promotional Partners (as defined below)). You also acknowledge and agree that TikTok may at any time (directly or indirectly) solicit referrals on terms that may differ from those set out here, or operate or contract with websites properties that are similar to, or compete with, Your Properties.
1.12. Communications. You hereby agree that by joining the Program, you authorize the Marketplace Platform to share with TikTok your contact information that you submit when you first sign up into the Marketplace Platform, such as email address and telephone number, to enable TikTok to contact you. You also agree and authorize TikTok to deliver marketing information relating to the Program to you via email, telephone calls, SMS and other channels with the telephone number or email address. Such communications may include artificial or pre-recorded voice messages, through an automated number selection or dialling system or other means. You can opt out for marketing communications as instructed in these communications at any time.
2. Marketing Channels & Sources
The following marketing channels and sources may be utilized for promoting TikTok commercial products and services and acquiring new advertisers pursuant to the terms and conditions of these Terms:
- Pay per click (“PPC”) Sources;
- PPC traffic on sources such as search engines may be used provided that no TikTok trademark or brand terms are bid on by the Media Partner (i.e., Media Partners may not bid on “TikTok”, “TikTok for Business”, “TikTok for Business Affiliate Program”, or “TikTok Ads Manager” as specified below) or any brand or trademark terms associated with TikTok unless TikTok approves exceptions in writing (including by account message through the Platform).
- Brand and trademark terms include but are not limited to: ‘TikTok Ads’, ‘TikTok Business’, ‘TikTok’, ‘TikTok For Business’, ‘TikTok Ads Manager’, “TikTok for Business Affiliate Program” or “TikTok Affiliate Program”
- SEO/Organic Search Traffic;
- Social media;
- Affiliate marketing sub-networks;
- Referral arrangements with third parties;
- Marketing communications via email, direct message, SMS, direct mail, App notifications or telephone, provided that if Media Partner conducts direct marketing communications, Media Partner must comply with Section 3.2 of these Terms. Direct marketing in breach of Section 3.2 will result in termination of the Terms and unpaid Rewards being voided; and
- All other channels & sources, provided that any channel or source not expressly listed herein must be approved by your TikTok Media Partner Manager in advance before the campaign starts. Any such campaign not approved by TikTok in advance and any Referred Advertisers recruited through such unapproved campaign will not be entitled for calculation of Rewards.
3. Your Responsibilities and Obligations
3.1. No false or misleading activities; no breach of trust. You must ensure that you meet all your contractual commitments with advertisers and/or other third parties. You shall procure that any information that is provided by you or your promotional partners that are engaged by you for the purpose of the Program (the “Promotional Partners”) to any third parties including advertisers and any information that is otherwise made publicly available by you or your Promotional Partners in relation to TikTok for Business products and services, shall be true and accurate in all material respects. You shall not, and shall procure any of your Promotional Partners not to provide any false or misleading information during the term of the Program. In participation in the Program, you shall not breach any fiduciary duty, duty of loyalty, duty of trust or any other duty or obligation owed to your Referred Advertisers subject to any agreement between you and such Referred Advertiser.
3.2. Direct marketing. In the event you use direct marketing communications, including but not limited to direct message, SMS, direct mail or email, app notifications, telephone calls, you shall be solely responsible for such communications, including their compliance with all applicable laws. Direct marketing communications must (i) ensure that by the nature and content of such messages, it is made clear and obvious that the message is from Media Partner and not from or instigated by TikTok or its affiliates, (ii) ensure that opted-out persons do not receive the communication, (iii) ensure that all addressed persons have opted in to receiving promotional communications, where required by applicable law, and (iv) set out Media Partner’s details, the reason for the communication, and a link or information on how to access Media Partner’s privacy policy.
3.3. Compliance. You shall comply with (and, if applicable, seek and procure compliance by all your Promotional Partners with) all laws, regulations, directives, legal duties, fiduciary duties and contractual obligations and other legal, ethical and transparency obligations applicable to digital advertising, your Promotional Partners, your Referred Advertisers if applicable, in relation to this Program and these Terms and the service provided under these Terms, including, without limitation, notification to any third-party advertisers represented by you of any incentives and Rewards payable to you for referrals of such advertisers by you to TikTok or other cash incentives received by you based on third-party advertiser milestones, and subsequent consent of such advertisers with respect to your receipt and use of Rewards or other incentives. Notwithstanding the confidentiality terms otherwise set forth in these Terms, we may disclose to any advertiser you refer the existence of these Terms, any Rewards or other incentives paid to you under these Terms with respect to that advertiser and the basis for calculation of such Rewards or other incentives. You shall not, and shall procure your Promotional Partners (if any) not to, conduct any activity that causes, or may cause, harm to TikTok, TikTok products and services or any other digital property, its users or other third parties.
You agree to conduct all activities under the TikTok Affiliate Program in full compliance with all applicable data protection and privacy laws and regulations, including, where applicable and without limitation, the CAN-SPAM Act in the US, the Data Protection Act in the UK (2018), Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data “General Data Protection Regulation” or “GDP”), the California Consumer Privacy Act Of 2018 “CCP”), the Singapore Personal Data Protection Act 2012 (“PDPA”), and/or their equivalent where data is transferred, stored, processed or maintained outside of these jurisdictions.
3.5 Fake Performance.
3.5.1. During the term of the Program, you shall, and shall procure any of your Promotional Partners refrain from engaging in any activities, whether directly or indirectly, that may result in an invalid increase of the number of your Referred Advertisers, amount of Ad Spend of your Referred Advertisers, or the amount of Rewards payable to you, including but not limited to (i) creating TikTok Ads Manager accounts without genuine new advertisers, (ii) generating referrals by bots or other non-human traffic, (iii) attempting to set cookies other than as a result of intentional, voluntary and human interaction with the relevant link, (iii) any browser extensions or other automatic mechanisms sponsored by you, operating in the background, which attribute customer spend to you without additional human interaction with the relevant link, or (iv) any other unauthorized manipulation of TikTok products and services.
3.5.2. You shall not knowingly benefit from any known or suspected traffic not generated with accepted and best marketing practices whether or not it causes harm to TikTok or its affiliates.
3.6. Your Properties.
3.6.1. You must maintain Your Properties and content available on Your Properties free of pornography or other sexual material, promotion of violence, promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promotion of illegal activities, or infringement of any intellectual property.
3.6.2. You shall be solely responsible for the development, operation and maintenance of your Properties and for all materials that appear on Your Properties. For example, you shall be solely responsible for ensuring that materials posted on Your Properties are not libellous or otherwise illegal. TikTok disclaims all liability relating to Your Properties or any content therein.
3.6.3. You agree to abide by and comply with the most up to date version of the (UK) Non-Broadcast Code (CAP) and similar codes in other jurisdictions to promote services responsibly and in line with the advertising rules as laid out by the (UK) Advertising Standards Agency. In particular, all advertising must be appropriately marked or obviously identifiable as such.
3.6.4. You agree to monitor and keep abreast of all (UK) ASA/CMA rulings and similar rulings in other jurisdictions, and comply with any standards or advice notes which result from them.
3.6.5. You shall not make any claims, representations, or warranties in connection with TikTok properties and you shall have no authority to, and will not, bind TikTok properties to any obligation without first obtaining written permission from TikTok. You must not attempt to impersonate TikTok on Your Properties or any content posted therein.
3.6.6. You must not, directly or indirectly, incentivise traffic and/or referrals to TikTok platforms by offering monetary payments or equivalent rewards. This includes, but is not limited to, offering gift cards, credit, cash rewards, splitting your Rewards with users, or providing any other incentives or equivalent to such users (“Incentivized Traffic”). For clarity, Incentivized Traffic shall also include means such as browser extensions offering cash back, coupon codes, or other similar payment mechanisms.
3.6.7. You must not place advertisements on Your Properties providing unauthorised access to copyrighted content.
3.6.8. You must not register, or attempt to register, or procure the registration of, any website domain names or social media handles which include the intellectual property of TikTok within such domain names or social media handles (for example, without limitation, the word “TikTok”).
4. Approval of Actions and Rewards
4.1. You agree and acknowledge that your actions of referring eligible new customers to register an account with TikTok Ads Manager to access TikTok commercial products and services and purchase TikTok ad inventory by those referred customers on the TikTok for Business platform (the "Action"), and earning of relevant Rewards must be approved by TikTok. The requirements for an Action to be approved (the “Approved Action”) are set out in the Program Guidelines. TikTok, in its sole discretion, may refuse to approve Actions where it suspects occurrence of any of the following circumstances:
- you are not operating in accordance with best industry practice;
- you are in breach of these Terms, including without limitation, the Program Guidelines, Sections 1.6, 1.7, 1.8, 1.9 or Section 3 of these Terms; or
- any fraudulent activity, spam or other unethical activity, knowingly or otherwise, arise from a person directed to a TikTok property via your Referral Link.
4.2. Non-compliance with any of our terms and conditions as mentioned above may lead to the issuing of warnings which ultimately may result in excluding of the relevant Media Partner from the TikTok Affiliate Program and withholding of Rewards.
4.3. In the event of occurrence of any of the circumstances set forth in Section 4.1, we reserve the right to withhold or retract the Rewards payable of paid to you at any time, including without limitation, by deducting the relevant amount from any Rewards payable to you. Our decision in this regard will be final and no correspondence will be entered into. If the Referral Link is not used in exactly the way it is given by the Platform, and altered in any way, TikTok reserves the right to deduct the Rewards earned from these Referral Links, even if these Rewards had been previously paid out.
5. License to Use Logos and Branding Assets
5.1. TikTok hereby grants you a non-exclusive, non-transferable, revocable license, during the term of these Terms, to use the TikTok marks provided by TikTok solely in connection with the promotion of TikTok for the purposes of the TikTok Affiliate Program.
5.2. This license cannot be sub-licensed (except to your Promotional Partners solely in connection with their promotion for the purposes of the Program), assigned or otherwise transferred by you. Your and any Promotion Partner’s right to use the marks is limited to, and arises only out of, this license to use TikTok branding material.
5.3. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. Further, you agree to keep information about TikTok up-to-date on your Properties and in any of your communications with third-party advertisers.
5.4. You hereby grant TikTok a non-exclusive, non-transferable, revocable license, during the term of these Terms and your participation in the Program, to use your and your Promotional Partner’(s) marks, marketing materials and other content in connection with the promotion of TikTok with your prior consent.
6. Representations and Warranties
You hereby represent and warrant that:
6.1. you have the capacity and are authorized to execute and implement these Terms, and your entry into these Terms and your receipt of Rewards or other incentives under these Terms does not breach applicable law or any duties or obligations owed towards referred advertisers;
6.2. you have obtained necessary licenses to operate your business activity in accordance with applicable laws and regulations;
6.3. your participation in the Program in accordance with these Terms does not and will not violate any laws, orders, considerations, any decision from government institutions in which you and TikTok are related to, including but not limited to the anti-corruption laws and policy being adopted by TikTok; and
6.4. you will faithfully exercise any duties or obligations owed towards Referred Advertisers.
7. Anti-bribery and Anti-Corrpution
7.1. You shall comply with (and shall ensure that all of your shareholders/partners, officers, directors, employees, agents, and any other persons or entities acting on your behalf in connection with this Program comply with) all applicable anti-bribery or anti-corruption related laws or regulations. You shall have and implement throughout the Program reasonably adequate policies, procedures, and controls to ensure compliance with this section. You further agree to comply with the ByteDance Business Partner Code of Conduct (https://supplier.bytedance.com/code-en.pdf).
7.2. You represent and warrant that you have maintained and will continue to maintain accurate and complete accounting books and financial records in connection with this Program in accordance with generally accepted accounting principles, and will retain all records related to this Program for a minimum of five (5) years upon expiration or termination of these Terms, and agree to make such records available upon the request of TikTok.
7.3. If TikTok reasonably determines, at any time, that there is credible evidence that you have violated any applicable anti-bribery or anti-corruption related laws or regulations, TikTok shall have the right to suspend all payments due under these Terms while it investigates the credible evidence. Upon a good faith request by TikTok, you shall cooperate with TikTok's investigation to determine if such a violation has occurred.
7.4. You will comply with any reasonable request TikTok considers necessary or desirable to evaluate or ensure compliance with Section 7.3. You agree that TikTok (or any third party selected by TikTok) may review and undertake an assessment and audit, at your sole expense, of all such records described in this Section 7 and/or kept by you in relation to these Terms upon provision of reasonable notice to you (email will be sufficient).
8. Trade Compliance
8.1. In performing these Terms, each party agrees to comply with all applicable trade, economic, and financial sanctions laws and regulations, including, without limitation, those administered and enforced by the United States, the European Union, the United Kingdom, the United Nations or other applicable government authorities (collectively, "Trade Controls").
8.2. Each party represents that it is not:
8.2.1. organized or resident in a country or territory that is the target or subject of comprehensive sanctions or trade embargoes;
8.2.2. the target or subject of any applicable Trade Controls, including, without limitation, a person whose property or interests in property is blocked or frozen, or who is designated on OFAC's Specially Designated Nationals and Blocked Persons (SDN) List; or
8.2.3. owned or controlled by, or acting for or on behalf of, one or more persons described in Sections 8.2.1 or 8.2.2 above
(collectively, "Sanctioned Parties").
8.3. Should either party become a Sanctioned Party, or should either party reasonably determine that it cannot perform its obligations under these Terms due to prohibitions under applicable Trade Controls, either party may terminate these Terms upon written notice to the other party (email will be sufficient).
9. Taxes
9.1. The Rewards paid or otherwise made available shall be exclusive of Value Added Taxes (VAT) or any other sales or similar taxes, unless otherwise determined by TikTok, and you shall be responsible for any and all federal, state, local and foreign taxes, including without limitation, gross receipts, income, profits, sales, use, transfer, franchise, withholding, payroll, recapture, employment, excise and property taxes, assessments, governmental charges and duties together with all interest, penalties and additions imposed with respect to such amounts (“Taxes”) resulting from any payments or receipts hereunder.
9.2. Where applicable and upon agreement between the parties regarding the Rewards value for the relevant period, you shall promptly issue to TikTok a valid VAT invoice that is compliant with the applicable tax laws.
9.3. Notwithstanding any terms to the contrary, if TikTok is required to deduct or withhold Taxes from any payments made to you and remit such Taxes to the local taxing jurisdiction, TikTok shall have the right to withhold and remit such Taxes to the relevant governing tax authority and pay to you the remaining net amount after the Taxes have been withheld.
9.4. Where you have previously made deductions for any withholding taxes on the payments to TikTok or on invoices issued by TikTok related to the purchase of advertising inventory, the Rewards payable by TikTok to you under these Terms shall take into account any such taxes previously withheld or applied, and a proportionate reduction shall be applied.
9.5. Notwithstanding any other provision, the payments made by TikTok to you after deductions under this section shall be final and constitute full settlement of TikTok’s obligations towards you under these Terms.
10. Anti-Predatory Advertising Policy
10.1. Media Partner shall not replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the web users online access, view or usage of, or other aspect of the web users online experience at any Media Partner’s webpage (as defined below) in a manner that causes or otherwise results in a different experience from that which was otherwise intended by such Media Partner.
10.2. Media Partner shall not block, alter, direct or redirect, substitute, insert or append itself to, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from a Media Partner webpage (including without limitation any return visit to TikTok to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to a Media Partner or increasing any payment obligation of TikTok with respect to any individual transaction.
10.3. Media Partners shall be removed from the TikTok Affiliate Program and forfeit any pending Rewards if they are utilizing or distributing software downloads (including browser extensions) that potentially enable diversions of Rewards from other Media Partners in our program.
11. Program Guidelines and Payment
Rewards shall be made available to you in accordance with the Program Guidelines and as indicated in the applicable Platform. You agree to follow all policies and procedures for receipt of Rewards (referred to as “Commissions” in the Marketplace Platform Terms), including requesting and authorizing the deposit of Commissions into your account with payment service providers of the Marketplace Platform. You agree and understand that the Marketplace Platform may charge additional fees which will be deducted from your Rewards at time of withdrawal from your account balance on the Marketplace Platform subject to the Marketplace Platform Terms. These additional fees may include Transaction Costs as defined in the Marketplace Platform Terms, which are charged by the Marketplace Platform or its payment service providers, and if applicable, Administrative Fees as defined in the Marketplace Platform Terms, which apply to Commission payments not claimed by you within two years of payment being made available to you. You agree and understand that the Marketplace Platform and its partners, not TikTok, charge such fees and TikTok has no discretion or control over such assessment of fees. Further, you agree that TikTok has no liability for the assessment of such fees and deductions for Transaction Costs and Administrative Fees, as defined in the Marketplace Platform Terms, and that you waive any and all claims against TikTok premised on the deduction of such fees from your Rewards at the time of payment.
12. Term and Termination
12.1. The term of these Terms will begin when you join the TikTok Affiliate Program on the Platform and will be continuous unless and until either party notifies the other in writing (including by account message through the Platform) that it wishes to terminate these Terms. Termination may be made by either you or TikTok for any reason or without reason at any time by providing notice to the other party. For purposes of notification, delivery via email is considered a written and immediate form of notification.
12.2. If termination is by TikTok and is not caused by violation of these Terms, you will be entitled to unpaid Rewards (less any deductions and fees charged by the Marketplace Platform or its payment service providers in accordance with the Marketplace Platform Terms), if any are earned by you on or prior to the date of termination and as subject to modification described above and the payment terms below.
12.3. If termination is initiated by you, or by TikTok as a result of a violation of these Terms, you will not be entitled to unpaid Rewards, if any earned by you on or prior to the date of termination. Nor will you be entitled to Rewards with respect to any activity occurring after the termination date.
12.4. Upon termination of these Terms for any reason:
12.4.1. you must remove all TikTok banners/icons from Your Properties and disable the link from your Properties to TikTok properties upon termination of these Terms for any reason;
12.4.2. all rights and licenses given to you in these Terms shall immediately terminate;
12.4.3. TikTok may withhold your final payment for a reasonable time to ensure that the correct amount is paid; and
12.4.4. you shall return to TikTok any confidential information, and all copies of it in your possession, custody and control, and will cease all uses of any trade names, trademarks, service marks, logos and other designation of TikTok.
13. Relationship of Parties
Both you and TikTok are independent contractors and nothing in these Terms will create any partnership, joint venture, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Properties or otherwise, that contradicts anything in this paragraph.
14. Indemnity
You shall defend, indemnify, and hold TikTok, its directors, officers, employees, contractors, agents and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney fees, resulting from, arising out of, or in any way connected with:
- any breach by you of any warranty, representation, or agreement in these Terms;
- the performance of your duties and obligations under these Terms;
- your negligence;
- the development, operation, maintenance and contents of Your Properties and marketing materials; or
- any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this TikTok Affiliate Program.
15. Disclaimers
TikTok makes no express or implied warranties or representations with respect to the TikTok Affiliate Program or Rewards payment arrangements (including, without limitation, their functionality, warranties of fitness, ability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing or trade usage). In addition, TikTok makes no representation that the operation of our site will be uninterrupted or error-free, and TikTok will not be liable for the consequences of any interruption errors.
16. Operating Agreement and Disclosures
16.1. Entire Agreement. These Terms and the exhibits and schedules attached hereto contain the full and complete understanding and agreement between the parties relating to the subject matter hereof and supersede all prior understandings and agreements, whether oral or written, relating such subject matter hereof.
16.2. Limitations of Liability
16.2.1. TIKTOK WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) ARISING IN CONNECTION WITH THESE TERMS OR THE TIKTOK AFFILIATE PROGRAM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TIKTOK’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TERMS AND THE TIKTOK AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL REWARDS PAID OR PAYABLE TO YOU UNDER THESE TERMS IN THE PRECEDING 3 MONTH PERIOD. THE CALCULATION OF TOTAL REWARDS PAID OR PAYABLE FOR THE PURPOSES OF THIS PROVISION SHALL BE BASED ON TIKTOK’S CALCULATION OF REWARDS PAID OR PAYABLE (LESS ANY DEDUCTIONS BY THE MARKETPLACE PLATFORM IN ACCORDANCE WITH THE MARKETPLACE PLATFORM TERMS) IN ACCORDANCE WITH THE PROGRAM INCENTIVE, PROGRAM GUIDELINES AND THESE TERMS.
16.2.2. Nothing in these Terms shall be construed to provide any rights, remedies or benefits to any person or entity not a party to these Terms. Our obligations under these Terms do not constitute personal obligations of shareholders.
16.2.3. TikTok may in its sole discretion, with or without notice, use any available means to block or restrict certain referrals to reduce the number of fraudulent or unprofitable transactions or for any reason whatsoever. TikTok does not guarantee or warrant the success of such fraud prevention efforts.
16.3. Governing Law and Arbitration
16.3.1. The laws of the State of California, USA, shall govern these Terms, your participation in the TikTok Affiliate Program and any claims or disputes arising in connection with them (whether of a contractual nature or other nature) or their subject matter, subject to Section 16.3.5 below.
16.3.2. PLEASE REVIEW THIS SECTION CAREFULLY, AS YOU AND TIKTOK MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY, AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION (“ARBITRATION AGREEMENT”).
16.3.3. You and TikTok, including third-party beneficiaries, agree that any dispute, claim or controversy arising out of or relating to these Terms and your participation in the TikTok Affiliate Program or the existence, breach, termination, enforcement, interpretation or validity thereof will be resolved by binding arbitration, and not in a court of law. Such arbitration will be conducted only on an individual basis, and you and TikTok are each waiving the right to resolution of disputes in a court of law by a judge or jury or to participate as a plaintiff or class member in any purported class, collective, or consolidated action (and, to the fullest extent permitted by law, representative proceeding) (“Class Action Waiver”).
16.3.4. Notwithstanding any other provision, this Arbitration Agreement will not require arbitration of the following types of claims: (a) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (b) injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party's confidentiality rights or copyrights, trademarks, trade secrets, patents or other intellectual property rights; and (c) claims that, as a matter of applicable law, cannot be subject to arbitration.
16.3.5. The parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“
FAA”) will govern its interpretation and enforcement. The arbitration will be administered by the American Arbitration Association (“
AAA”) in accordance with the
AAA's Commercial Arbitration Rules (
https://www.adr.org/commercial) (the “
AAA Rules”) then in effect, and the parties agree that the arbitrator (“
Arbitrator”) will have exclusive authority to resolve threshold arbitrability disputes including those relating to the interpretation, applicability, enforceability, validity or formation of this Arbitration Agreement. Any issue not governed by the FAA and AAA Rules will be resolved under the laws of the state of California to the fullest extent permitted by law.
16.3.6. A party that seeks to initiate arbitration must provide the other party with a written Demand for Arbitration, as specified in the
AAA Rules. The Arbitrator will be either (1) a single retired judge or (2) a single attorney licensed in the state of California, selected by the parties (or appointed by AAA if the parties cannot agree) from the AAA’s roster of commercial dispute arbitrators. Unless the parties otherwise agree or the Arbitrator otherwise requires, the arbitration will be conducted in Los Angeles County, California, and claims that do not exceed $10,000 will be conducted solely on the basis of documents submitted by the parties. The Arbitrator will issue a reasoned, final, and binding decision, and judgment on the Arbitrator’s award may be entered in any court having appropriate jurisdiction.
16.3.7. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision will be severed from this Arbitration Agreement, (ii) the remainder of the Arbitration Agreement will be given full force and effect, and (iii) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis; provided that severance will not result in severing the Class Action Waiver in Section 16.3.3 in any manner that permits mass arbitration, to which the parties expressly do not consent.
16.4. Disclosure
16.4.1. YOU HAVE INDEPENDENTLY EVALUATED THE LAWS IN YOUR JURISDICTION WHICH APPLY TO YOUR ACTIVITIES AND REPRESENT TO TIKTOK THAT YOU MAY PARTICIPATE IN THE TIKTOK AFFILIATE PROGRAM WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS.
16.4.2. By submitting your request to become a Media Partner, you acknowledge that you have read these Terms and have independently evaluated the desirability of participating in this TikTok Affiliate Program and are not relying on any representation, guarantee, or statement other that what is set forth in these Terms, and that you agree to all its terms and conditions.
16.4.3. Our rights and remedies shall not be mutually exclusive, i.e. the exercise of one or more of the provisions of these Terms shall not preclude the exercise of any other provision. You acknowledge, confirm and agree that damages may be inadequate for a breach or a threatened breach of these Terms and, in the event of a breach, or threatened breach of any provision of these Terms, the respective rights and responsibilities of the parties may be enforceable by specific performance, injunction or other equitable remedy. Nothing contained in these Terms shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of these Terms, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
16.4.4. TikTok may modify any of the terms and conditions contained in these Terms, at any time and at its sole discretion, so we encourage you to check them regularly for any updates. If TikTok makes material changes to the Terms then, other than in exceptional circumstances, including in response to urgent changes in security, safety, legal or regulatory requirements, TikTok will give you reasonable advance notice of material changes which will impact you, and the date they will come into force, such as by email or notifications in your TikTok for Business account. Modifications may include, but are not limited to, changes in the Rewards, payment schedule or other rules. IF ANY CHANGE IN THE TERMS (INCLUDING THE
PROGRAM GUIDELINES AND
PROGRAM INCENTIVE) IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THESE TERMS BY NOTIFYING TIKTOK IN WRITING (INCLUDING BY EMAIL OR ACCOUNT MESSAGE THROUGH THE TIKTOK PROGRAM PORTAL). CONTINUED PARTICIPATION IN THIS TIKTOK AFFILIATE PROGRAM FOLLOWING OUR MAKING A CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.