Baidu Promotion Service Agreement
1、 Definition and interpretation
one Baidu: refers to the unit that actually provides Baidu promotion services for customers.
two Baidu website owner: www.baidu.com Website and Baidu wap The website is owned by Beijing Baidu Netcom Technology Co., Ltd., which is the owner of Baidu website.
three Customer: refers to the customer who meets the promotion conditions of Baidu and has paid promotion fees to Baidu through its agent or directly according to the conditions specified in this agreement “ Baidu promotion service ” The unit or individual of.
four Agent: refers to the service provider that has been recognized by Baidu and customers in advance and acts as an agent for customers to apply for Baidu promotion services and pay fees to Baidu.
five Platform customers: if customers not only promote their own brands In addition, if it promotes third-party customers, products and services, or customer websites display a variety of businesses, brands, products, services and information, then customers are platform customers, such as e-commerce platforms, online supermarkets, portals, various vertical search engines, etc.
6. “ Baidu promotion service ” : Refers to the information technology services that Baidu has opened and successively opened to customers, as well as the information technology services in www.baidu.com Website and Baidu wap Website, Baidu's technical support alliance website or application Specific locations of platforms such as Ju Ping product terminals or other websites agreed by both parties , Promotional services and other related derivative services to display customers' website information, including but not limited to information technology services, advertising agency services and professional consulting services.
seven Advertising agency service refers to the service that Baidu entrusts Baidu website owners or partners with Internet advertising publishing qualifications to publish promotional materials submitted by customers. The service results are reflected in www.baidu.com Website and Baidu wap Notes presented at specific locations on websites, Baidu's technical support alliance websites or applications, platforms such as the focus screen product terminal, or other websites agreed by both parties “ advertisement ” The commercial result of the words.
eight Information technology services refer to a series of information technology services provided by Baidu to customers relying on network technology, software systems or applications, in addition to advertising agency services, in order to improve the efficiency and quality of advertising display and release of customers and improve the advertising conversion rate It includes user demand data analysis, monitoring, integration, processing and corresponding data model creation, technical analysis of customer materials and user demand matching, resource allocation, material index and sorting strategy design, promotion result quality estimation, evaluation and adjustment, and other technical services.
9. “ Promotion and professional service fees ” : Refers to the customer's pre deposit in Baidu to pay future expenses for purchasing Baidu promotion services , including promotion fee ( Promotion fee consists of information technology service fee and advertising agency fee Of which IT service fee accounts for the promotion fee 91.5% , advertising agency fee accounts for the amount of promotion fee 8.5% , the invoice amount shall be issued according to the above proportion ) And professional service fees.
10. “ Promotion fee ” Recharging: refers to that the customer does not use “ Baidu promotion service ” , agreed to pay Baidu and Baidu also agreed to receive promotion advance payment, also known as “ Recharge ” 。
11. “ Click to charge ” : refers to www.baidu.com Website and Baidu wap Website, Baidu's technical support alliance website or application Every time Internet users click on the promotion information registered by customers, the system automatically changes the price set by customers for keywords from “ Advance payment for promotion ” One click fee is deducted from.
12. “ Station building service ” : Refers to the third party company recognized by Baidu ( abbreviation “ Station building service provider ”) It is a basic technical service provided to customers. The service content provides customers with services that can be promoted in Baidu url address ( also called “ Uniform Resource Locator ”) , and provide standard template and personalized template for web design. The specific content in the web page is provided and uploaded by the customer. The content of cooperation between the customer and the service provider shall be subject to the agreement signed by both parties.
2、 Confirmation and acceptance of the agreement
one The customer fully agreed that Baidu http://e.baidu.com/accept/ Published on Baidu Promotion Service Agreement ( I.e “ This Agreement ” And subsequent updates ) All terms and conditions, and ensure that the registration procedure is completed by itself or authorized by its agent, Customer use “ Baidu promotion service ” The behavior of the customer will be regarded as the customer's acceptance of all the contents and terms of this agreement.
3、 Content of Baidu promotion service
one Customers apply to Baidu for a Baidu promotion service management account, log in to Baidu promotion service management account according to the registered user name and password, and modify the registration information in the account, Register, modify or delete keywords and website promotion information, query the registered keyword click statistics report, expense statistics report, Baidu's promotion policies, etc.
two The customer agrees to use the service provider recognized by Baidu to provide the website building service, and use the website building service generated by the service provider url Address for Baidu promotion.
3. The website information promoted by customers will appear in the www.baidu.com website ( Including Baidu search, Baidu encyclopedia, post bar, know and other self owned products of Baidu and its affiliated companies ) And Baidu wap Website Baidu provides relevant pages such as the alliance website or application program, the focus screen product terminal and other platforms that provide technical support, or other websites agreed by both parties. After the online promotion of the website, the customer shall not modify the website content, set the website jump, set the website pop-up window, set the website floating layer Set malicious code, virus and other means to show the content that violates the current laws and regulations, Baidu promotion product policies, and Baidu user experience standards. If the customer engages in the above behaviors, Baidu has the right to immediately shield and offline the customer from the above violations, and has the right to immediately terminate this agreement without returning it to the customer “ Promotion fee ” Balance.
four The billing method under this agreement is a comprehensive billing method based on click billing. All promotion pages participating in Baidu promotion services pointed to by all keywords registered by customers will be charged, Not just charge for the homepage of the customer promotion website. Baidu promotion service fees will be automatically deducted from Baidu promotion service management account.
five Customer payment “ Promotion fee ” The behavior of Promote in Baidu or show at a specific location or time.
six Customer's “ Promotion fee ” After consumption, Baidu can choose whether to recharge at its own discretion during the effective period of this agreement. Baidu has the right to base on the promotion policy and reputation policy Decide at its own discretion whether to accept customer recharge and whether to stop providing promotion services to customers. If the customer chooses not to renew or Baidu decides not to accept the customer Renew the fee, and the cooperation between both parties will be terminated.
seven When the balance in the customer's Baidu promotion service management account is insufficient to pay for Baidu promotion service, the customer or its agent should recharge Baidu in a timely manner, Baidu will not bear any responsibility for the termination of Baidu's promotion service due to the customer's or its agent's failure to recharge in time, which results in the customer's promotion information being offline.
one The customer or its agent shall, in the manner approved by Baidu three Pay Baidu all the fees agreed in this agreement within working days.
two The customer or its agent fails to pay Baidu the fees agreed in this agreement on schedule one Pay Baidu a late fee equal to 0.5% of the payable amount on the day of ten This agreement will automatically terminate if it is more than working days.
three Baidu has the right to adjust at any time according to the actual situation “ Baidu promotion service ” Of “ Promotion fee ” and / or “ Professional service fee ” But the customer has already paid before adjustment ( Whether paid by itself or by its agents ) Has “ Promotion fee ” and / Or that year “ Professional service fee ” Is not affected.
5、 Baidu's rights and obligations
one In order to perform this agreement, Baidu has the right to save customer information on Baidu and its affiliated companies' servers ( Including but not limited to customer registration information, consumption information and promotion website / Web pages, netizen evaluation information, etc ); Baidu has the right to use and disclose customer information to the outside world within the scope permitted by laws and regulations, including but not limited to the purpose of upgrading, sampling and updating Baidu's promotional service system, and protecting the rights and interests of Internet users The purpose and basis of upgrading the Internet integrity environment / Or administrative requirements to use or disclose customer information.
two Baidu does not guarantee and promise to any other third party the authenticity, legality, accuracy and integrity of the customer's web pages and information, and the customer is solely responsible for the content, products and services provided by its website.
three If the qualification, registered keywords or other information submitted by the customer does not comply with relevant laws and regulations, the agreement, or Baidu's relevant policies before the online promotion ( Including but not limited to the fact that the customer's registered website does not have the legal qualification, the customer does not have the special qualification to engage in its promotion industry, products and services, or the relevant information is suspected of breaking the law or infringing the legitimate rights and interests of a third party ) If it fails to pass Baidu's review, the customer will send termination to Baidu “ Baidu promotion service ” Baidu will return the collected invoices, original agreements and other documents to the customer after the written confirmation letter of “ Professional service fee ” And the first “ Promotion fee ” ， Termination of this Agreement ( Unless otherwise agreed in this agreement ) 。
four If the customer fails to pass Baidu's first certification or annual certification review, Baidu has the right to directly terminate this agreement without notice and return the unfinished “ Promotion fee ” Balance.
5. Baidu promotion system will automatically filter keywords and website information registered by customers. Baidu has the right to adjust the automatic filtering standard of the system according to the adjustment of Chinese laws and regulations, orders of administrative law enforcement agencies and changes in social ethics, Have the right to reject keywords or website information registered by customers according to relevant laws and regulations and product policies or service functions, and customers shall not “ Keyword and website information were previously allowed to be promoted ” Baidu is required to continue online promotion. If the customer's keyword or website information cannot be registered or promoted again due to the above reasons, the keyword or website information is rejected or offline by Baidu, and the customer has the right to notify Baidu to stop “ Baidu promotion service ” Baidu will return the unfinished “ Promotion fee ” Balance.
six Baidu is paying a certain amount of insurance to netizens who complain about the economic losses suffered by netizens who deal with customers' websites due to counterfeiting, fraud, and related information suspected of breaking the law After gold barrier ( See Baidu Internet users' rights and interests protection plan, website http://baozhang.baidu.com/guarantee/ ) , have the right to “ Promotion fee ” Deduct the corresponding amount directly from ; E.g. customer “ Promotion fee ” If the deduction is insufficient, Baidu reserves the right to claim compensation from customers.
seven customer ( Including but not limited to customer website and business engaged by customers ) Do not cause any actual or potential damage or conflict to the interests, goodwill and brand image of Baidu and its affiliated companies, otherwise Baidu has the right to notify customers to terminate immediately “ Baidu promotion service ” , will not return the unused “ Promotion fee ” And Baidu does not have to bear other legal liabilities and expense compensation.
eight Baidu suffers force majeure ( Including government regulation, policy adjustment, terrorism, hacker attacks, natural disasters, working conditions, power outages, technical adjustment of telecommunications departments, virus intrusion, etc ) , have the right to notify the customer to suspend or terminate “ Baidu promotion service ” , shall not be deemed as breach of contract. Baidu Pause “ Baidu promotion service ” If the force majeure event has ended, it shall continue to perform its obligations under this Agreement; Baidu terminates “ Baidu promotion service ” Should be returned to the customer “ Promotion fee ” Balance of.
nine Baidu reserves the right to “ Baidu promotion service ” Conduct business adjustment or product adjustment ( Including but not limited to customer qualification standards, certification standards, sales policies, presentation mechanisms, billing standards, etc ) After Baidu notifies the customer, the customer can choose to continue using the adjusted business or product, or terminate Baidu's promotion service and apply for returning the unfinished “ Promotion fee ” Baidu does not have to bear other legal liabilities and expense compensation for the balance.
10. Customers agree to abide by Baidu's customer credit evaluation system ( credit 100) The evaluation criteria of. Baidu has the right to deal with the problems caused by violation of national laws, regulations, Baidu audit policy and Baidu reputation policy The customers whose credit growth value drops to a certain score will be punished ( Including but not limited to the promotion cost increase, limiting the promotion information display location and time, immediately suspending or terminating the promotion service and no refund ) , customers should check the detailed rules in Baidu customer background account. Baidu has the right to calculate and adjust the customer's reputation rating based on the authentication policy, promotion policy, reputation policy, alliance policy, historical performance of customer accounts, customer's willingness to guarantee, netizens' evaluation of customer websites, etc.
eleven Customers are obliged to manage their promotion accounts effectively by themselves or by entrusting their agents, After the promotion account is opened, the customer has not logged in, added money, applied for refund or generated any consumption or no account operation for more than three The account management fee will continue to be generated on a monthly basis during the period of three In the current month of the year, the account management fee of the customer during the above period will be cleared and deducted in a lump sum. The deduction amount of each month is the account balance since the date when the customer did not log in, did not add money, did not apply for refund, or did not produce any consumption or did not have any account operation 5% , such as twenty If the account balance cannot pay the subsequent monthly account management fee after three natural months, Baidu has the right to recover from the customer as the case may be. The customer agrees that the account management fee shall be directly deducted from the customer's account balance after Baidu calculates it by itself.
twelve For example, Baidu found that ( Including but not limited to self inspection, receiving litigation from judicial or government agencies / Investigation, complaints from other obligees, etc ) Baidu has the right to: (1) Stop providing promotion services ( Including but not limited to offline advertising and suspension of promotion account ); (2) Termination of all promotion agreements ; (3) Freeze account funds ; (4) Ask the customer to receive Baidu rectification notice twenty-four Complete rectification within hours ; (5) If Baidu pays compensation to the third party obligee, the customer is required to compensate Baidu for all losses ; (6) Other handling measures deemed reasonable by Baidu. If Baidu chooses to terminate this agreement, it will be terminated from the date Baidu sends the termination notice to the customer, and the customer's paid money will not be returned. If the customer has not paid the payables, Baidu has the right to deduct directly from the funds in the customer's account. If the account funds are insufficient, the customer should start from the date of receiving Baidu's notice five Pay compensation to Baidu within days.
thirteen The customer knows and agrees that Baidu has the right to set the margin amount and deduction standard according to the industry classification standard, industry risk level and other comprehensive factors, and the customer can view the detailed rules in Baidu's background account.
fourteen In order to create a fair and transparent customer evaluation system and safeguard the right of netizens to know, Baidu has established a netizen evaluation mechanism. The evaluation content was edited and uploaded by netizens, The customer understands and agrees to tolerate and understand netizens' criticism and comments on product quality or service quality. The content evaluated by netizens only represents the personal views of the reviewer's publisher. Baidu's display and release of evaluation information does not mean that Baidu agrees with the view of the review or confirms its expression. Baidu does not guarantee the accuracy, integrity and reliability of the evaluation content, and all responsibilities arising from the authenticity and accuracy of the content caused by user evaluations are borne by users. In order to ensure the fairness, objectivity and authenticity of the evaluation system, Baidu will, based on limited technical means, destroy the evaluation system, infringe upon consumers' right to know, and affect the authenticity and objectivity of the evaluation by evaluating illegal transactions, malicious evaluations, improper evaluations, false evaluations, requiring a third person to release evaluations by means of interest temptation, threats, etc Restrictive measures shall be taken for acts that interfere with the normal order of the website.
fifteen To promote the landing page ( Including Jimuyu website building page and third-party landing page ) Baidu will optimize the display of the promotion landing page in terms of functions, including but not limited to adding function bars at the top and bottom above the landing page, and displaying the progress of application download in the landing page. Please rest assured that Baidu will not visit your landing page url Make any tampering or interference with the content itself.
sixteen In order to ensure the compliance and security of the promotion landing page and protect the legitimate rights and interests of customers and users, the automatic program of Baidu commercial promotion will visit the promotion landing page to obtain information. If the optimization switch of creativity or creative components is turned on in the account setting, it is deemed that the customer agrees Baidu to use the content obtained from the customer landing page through the automatic program of commercial promotion according to the description of the corresponding optimization switch.
6、 Rights and obligations of customers
one The customer guarantees that it is a legal business entity complying with the laws and regulations of the People's Republic of China and has obtained the legal qualification to operate relevant businesses. The customer is obliged to provide qualification materials according to Baidu's requirements, apply for and accept Baidu's annual authenticity verification review of qualification authenticity (the customer agrees to abide by the Baidu Credit Certification and Information Display Technology Service Agreement, which is described in http://trust.baidu.com/agreement.html ）, perform relevant procedures (including submitting qualification documents, accepting qualification document review, and paying annual verification fees), and ensure that all qualification materials submitted to Baidu are true, valid, and consistent with or corresponding to the website content (including the content of dialog box communication on the landing page), otherwise Baidu has the right to terminate “ Baidu promotion service ” Or limit the display of customer promotion information. If the qualification materials submitted by the customer are false, invalid or inconsistent with the actual promotion content, the customer agrees that the balance of the fees paid will not be refunded as liquidated damages. If the above amount is not enough to cover Baidu's losses (direct and indirect losses), Baidu has the right to require the customer to make additional compensation.
two In order to further enhance the security of the promoted content and optimize the search experience of netizens, customers must use the website generated by the website building service to promote, and submit it according to the policies of the website building service provider platform / Modify the promotion content. If the customer does not agree to use the website generated by the website building service for promotion and does not meet the following quality conditions, please stop signing the contract, recharging, opening the promotion account and other behaviors, otherwise it will be deemed that the customer agrees to abide by this agreement.
If the customer has “ Low risk in the industry, no illegal promotion in previous cooperation, and ownership of relevant intellectual property rights ” In case of high quality, you can apply to use the website provided by yourself for promotion, and the specific application results are subject to Baidu's notice; If one or more high-quality situations change after the customer applies, Baidu has the right to require the customer to use the website building service generated URL Address for promotion, and the customer agrees to promote in accordance with Baidu's notification method.
To improve the promotion effect, if the customer does not need to use the website building service for promotion at present, they can also actively choose to use the website building service generated URL Address promotion. The website building service requires the customer to sign a separate agreement with the website building service provider. Any dispute arising from the customer's use of the website building service product shall be resolved by the customer and the website building service provider, and has nothing to do with Baidu. In addition, due to the time required for site building services, material uploading and modification, the customer should reserve enough time in advance to ensure successful online promotion, and be responsible for the time and results of updating the promotion content.
3. The customer hereby guarantees as follows:
（ one ）Ensure that the content promoted through Baidu (including Baidu Alliance websites or applications) [including but not limited to promotional materials, websites linked to materials (including website content provided by customers and website content obtained through website building services)] complies with all applicable laws, regulations, rules The relevant binding policies and Baidu's verification standards do not include, but are not limited to, content that endangers national security, pornographic, false, illegal, defamatory, intimidating or harassing, infringes the intellectual property rights, personal rights or other legitimate rights or interests of any third party, and content that violates public order and good customs or links to these content. Baidu has the right to review the content promoted by customers, but it does not mean that Baidu is responsible for the legality of the content promoted. Regardless of whether Baidu reviews the content, customers should ensure the legality and compliance of the content promoted by themselves;
（ two ）Ensure that the promotion content is true and legal, and there is no information that deceives consumers' rights and interests, such as fake and shoddy products, and have the corresponding qualifications required by national laws and regulations or departmental rules, and ensure that the commodities and / Or the service meets the national and industrial quality standards and has passed the corresponding administrative approval;
（ three ）Ensure that the products and / Or the services are legally produced, processed or produced for themselves, or obtained from legal channels;
（ four ）Ensure that it shall submit to Baidu the supporting documents related to the promotion content within the time required by Baidu, including but not limited to trademark right certificate or authorization document, copyright certificate or authorization document, portrait right authorization certificate, approval number, inspection report and other supporting materials used to prove the authenticity, legality and effectiveness of its promotion content;
（ five ）The customer guarantees that the key words, words, pictures, links, websites to which the links refer, and other parts involved in the promotion activities are consistent and relevant, and the overall effect of the promotion will not cause consumers to misunderstand;
（ six ）Ensure that in the promotion process of Baidu (including Baidu Alliance website or application), it will not take any illegal or cheating behavior to increase the click rate of the promotion website or obtain improper trading opportunities.
If the customer violates any of the above guarantees, Baidu has the right to offline or terminate the customer's website for keywords, promotional materials, and promotional website information registered by the customer “ Baidu promotion service ” , the balance of fees paid by the customer will not be returned as liquidated damages, and Baidu does not need to bear other legal responsibilities and cost compensation.
four The customer knows and agrees that within the promotion cycle of Baidu, Baidu has the right to require the promotion customers to pay risk industry deposits and comply with relevant policies according to the requirements of national government departments, industry organizations and other requirements and the risk situation of the customer's promotion industry. If the content of the customer's promotion account is determined to be a risk industry, the customer needs to pay risk deposits according to relevant policies within the notice date, If the customer fails to pay in full on time, all promotion accounts will stop promotion, and the customer will bear the adverse consequences independently.
five The customer shall be responsible for the security of the user name and password of the promotion account, shall not disclose the user name and password of the promotion account to anyone, and shall be fully responsible for all activities and events conducted with his user name. Without Baidu's written authorization, the customer shall not resell, lease or lend the service account opened for the customer by Baidu and the services and related resources that Baidu promises to provide to the customer under this agreement to any third party. If the customer violates this provision, and the customer constitutes a fundamental breach, Baidu will reserve the right to close the customer service account and terminate the service provided to the customer. At the same time, the balance of fees paid by the customer will not be returned as liquidated damages. If the customer finds any illegal use “ Baidu promotion service ” Baidu should be notified immediately of the management account or the existence of security vulnerabilities.
six If the customer is a platform customer, the customer has the obligation to review the legality and compliance of various businesses, brands, products, services and information displayed on the website in accordance with relevant laws and regulations, and the customer must ensure that the platform content does not have any infringement, violation of laws and regulations; If Baidu is adversely affected by any dispute arising from the content of the customer's platform, the customer shall solve it by himself and bear all legal liabilities. Both parties shall deal with it in accordance with this agreement. Customers shall not promote in the way of camouflage platform to attract various promotion subjects, otherwise Baidu has the right to terminate the agreement with customers.
7. In order to ensure the authenticity of customer promotion information and provide better services to customers, customers agree to accept Baidu's confirmation and “ Baidu promotion service ” Related matters. The customer agrees that Baidu can “ Baidu promotion service ” Check, adjust, modify and update the information in the customer management account for the purpose of managing the account or after receiving the customer's notice (the notice can be by telephone, fax or mail).
eight The customer shall guarantee the authenticity of its account and other financial information and keep consistent with the owner of the promotion website and the signing subject of the Baidu promotion service agreement. If the financial information provided by the customer is false or inconsistent, the financial risk caused by the customer shall be borne by the customer, and Baidu will not bear any responsibility. The customer shall compensate Baidu for any loss caused thereby.
nine Customer agrees to join “ Baidu netizen rights protection plan ” , and has fully read, understood and recognized the security agreement mentioned in this clause, and agreed to accept Baidu People's Mediation Committee to mediate disputes between customers and netizens (the specific terms of this plan are as follows: www.baidu.com and http://baozhang.baidu.com/guarantee/ Relevant agreements of Baidu Internet Users' Rights and Interests Protection Plan published on the website; https://trust.baidu.com/pretty-mobile/gclaim/agreement Relevant agreements of Baidu Internet User Rights Protection Plan Merchant Settlement Agreement published). If the customer's behavior (including but not limited to online or offline counterfeiting, fraud, false propaganda and other violations) causes economic losses to the Internet users who have transactions with them, Baidu “ Baidu netizen rights protection plan ” After paying a reasonable amount of security deposit to the complaining netizen, the rule has the right to directly deduct the corresponding amount from the balance of various accounts opened by customers in Baidu (including but not limited to promotion fees); If the balance of the customer's expenses is insufficient for deduction, Baidu has the right to require the customer to make up for the payment, and the customer should bear the rights protection costs arising therefrom, including but not limited to legal fees, arbitration fees, attorney fees, notarial fees, travel expenses and other costs.
ten Websites that have not been opened by customers will not be available “ Baidu promotion service ” The customer must ensure that the registered website is correct, the website or webpage can be accessed normally, and the information, website services or other website functions in the website can be used normally. The customer agrees that Baidu's promotion system will conduct connectivity tests on the customer's registered website from time to time. If the system judges that the website cannot be accessed normally, Baidu has the right to temporarily suspend the service, Until the customer recovers the normal access to the website, but the consequences such as click charging caused by the abnormal access of the customer's website or webpage shall be borne by the customer.
eleven If there are malicious viruses, malware, malicious code, malicious pop ups, changing user settings without user consent, stealing user information and other unsafe or damaging content in the promotion content provided by customers (including but not limited to the promotion materials and the website to which the materials link), Baidu will stop its promotion services to customers, At the same time, the customer agrees that the balance of fees paid by the customer will not be refunded as liquidated damages. If the above amount is not enough to cover Baidu's losses (direct and indirect losses), Baidu has the right to require the customer to make additional compensation.
twelve Baidu's promotion service only links to the customer's website, and all legal disputes arising from any business behavior of the customer shall be borne by the customer itself, which has nothing to do with Baidu.
thirteen Customers shall not maliciously click the promotion information of other Baidu promotion service customers in any way / Interference, and shall not maliciously set or obtain Baidu account in any way “ cheat ” Traffic (such as frequent budget adjustment, frequent account balance adjustment, etc., which leads Baidu to fail to deduct expenses The actual advertising price corresponding to the actual number of ad clicks or displays is greater than the consumption amount recorded by the system ）Otherwise, Baidu has the right to charge according to the traffic actually obtained by customers. The customer's consumption amount is the amount actually clicked by netizens, including “ Delay clicking after presentation ” Consumption generated (that is, overdraft consumption generated when the customer's advertisement is displayed in the Internet users' search results, the customer's account balance becomes zero, and Internet users delay clicking) , The details shall be subject to Baidu's statistical report. If the customer thinks that the data statistical report provided by Baidu is inaccurate, the customer has the right to notify Baidu in writing to stop Baidu's promotion service. Baidu will start from the date of receiving the customer's written notice three Stop the promotion service to customers within working days, and return the unfinished consumption to customers “ Promotion fee ” Balance, termination of this Agreement. If the customer thinks that the data statistical report provided by Baidu is inaccurate but does not notify Baidu in writing to stop “ Baidu promotion service ” Or recharge Baidu to continue using “ Baidu promotion service ” It is deemed that the customer recognizes Baidu's data statistics report.
fourteen The customer agrees to display the website information promoted on www.baidu.com Website (including Baidu search, Baidu encyclopedia, post bar, know and other self owned products of Baidu and its affiliated companies) and Baidu wap The specific location of the website, Baidu's technical support alliance website or application, the focus screen product terminal and other platforms or other websites agreed by both parties. If the customer has selected the preferred media or scenario when using Baidu's promotion service, the content will be released mainly according to the media or scenario selected by the customer; In order to provide better promotion services, Baidu promotion may expand the customer's content intelligence to other traffic scenarios (including but not limited to Baidu products, partner websites or applications that Baidu provides technical support).
fifteen The customer knows and agrees that, based on the protection of personal information, the system can only precisely target or exclude users who can be clearly identified in compliance with the definition of customer groups, and cannot target or exclude users who cannot clearly identify their characteristics and attributes through compliance, Therefore, the setting of crowd orientation or exclusion cannot guarantee that the advertising presentation users fully meet the customer's crowd delivery range. Customers should make comprehensive optimization in combination with orientation, creativity, landing page, bidding and other links, and focus on the final overall customer acquisition effect of advertising.
sixteen If the customer opens the intelligent launch function (including but not limited to expanding and dynamically optimizing the keywords and creativity set by the customer), the content added and used shall be reviewed to ensure that it complies with laws and regulations and does not infringe the legitimate rights and interests of others. The customer is responsible for the launch results generated by the customer's opening of the intelligent launch function.
seventeen Customers are obliged to carefully read and make sure they fully understand the Baidu Promotion Service Agreement (online agreement: http://e.baidu.com/accept.html ）, make payment or place an order after reading and agreeing to all the terms of the agreement. Each payment or order placed by the customer will be deemed as agreement to the latest version of the aforementioned online agreement and commitment to abide by the online agreement.
eighteen In the process of using Baidu's promotion service, in order to safeguard their own rights and interests, customers have a high and necessary duty of care to timely consult and follow Baidu's promotion policies, credit policies, system notices, the latest version of Baidu's Promotion Service Agreement (online agreement), etc., published in their accounts, and pay real-time attention to and master the account status, promotion products, operation records Consumption data and other information. If the customer has any objection to the information and data of the launched promotion service products, content, promotion data, consumption amount, etc., please report to Baidu in a timely manner, and Baidu will communicate with the customer wholeheartedly and properly solve the problem. Since the date of the above information and data six If no objection is raised within months, it shall be deemed that the customer approves the promotion information and data.
nineteen Baidu has the right to suspend or terminate under any of the following circumstances “ Baidu promotion service ” Baidu does not have to bear other legal responsibilities and expense compensation: ① Customers or their related parties may be suspected of violating national laws, regulations and Baidu promotion policies; ② The customer's promotion behavior violates the provisions of Baidu Promotion Service Agreement, resulting in Baidu being complained by a third party (including but not limited to the third party's accusation of Baidu's infringement in the form of sending letters, media reports, etc., bringing a lawsuit against Baidu, reporting to the relevant competent authority, and making Baidu subject to review or inquiry, etc.); ③ The customer filed a lawsuit against Baidu; ④ Baidu filed a lawsuit against the customer.
twenty In order to improve customer experience, improve customer service quality, achieve customer needs, optimize search functions, design new products, enrich the case base of promotional content and other purposes, customers agree that Baidu uses customer promotional data in product system functions (including but not limited to titles, creativity, keywords, pictures, websites and other content submitted by customers in the promotional service management account). Data that the customer guarantees to submit in Baidu / The information does not contain any infringement, illegal or illegal content, and the data is guaranteed / The information is true and free from any right defect. The customer agrees and fully and effectively authorizes Baidu to provide the aforementioned customer data without violating the customer privacy protection obligations / This authorization is valid forever for customers to use or share information.
twenty-one Customers accept the commission of the final promotion subject to promote Baidu, The customer's commitment to the legality and appropriateness of the promotion content (including but not limited to the promotion materials, the website to which the materials are linked) and the rights and obligations of all customers under this agreement also apply to the final promotion subject. The customer promises that it has obtained the commitment of the final promotion subject to comply with the provisions of this article. If the promotion subject fails to comply with the provisions of this article, Baidu has the right to send a reminder notice to the customer according to the provisions of this article and exercise the corresponding rights to the customer (including measures that may affect the promotion subject website).
twenty-two The customer modifies the submitted website information, When promoting the content of the materials (including but not limited to the promotion materials, the website to which the materials link, etc.), it shall ensure that it complies with the agreement and shall notify Baidu in writing or in other ways that can be confirmed.
twenty-three In the event that Baidu is complained by a third party (including but not limited to the fact that the third party accuses Baidu of infringement, files a lawsuit against Baidu, reports to the relevant competent authority and makes Baidu subject to review or inquiry by sending letters, media reports, etc The promoted website information and promotion website links are offline, and stop targeting this keyword and / Or website “ Baidu promotion service ” and / Or choose this agreement. In case of the above circumstances, if Baidu decides to continue to perform this agreement, the customer should immediately rectify the promoted website information and / Or suspected illegal content on the website, and provide Baidu with effective proof materials.
twenty-four If Baidu pays relevant expenses in advance due to third-party complaints (including but not limited to compensation, attorney fees, legal fees and travel expenses paid through judgment, administrative penalty, reconciliation or mediation), the customer shall pay and notify Baidu five All compensation shall be made within working days, and the liquidated damages shall be paid to Baidu at the rate of 5/10000 per day for overdue payment. If a customer should negotiate with a third party, respond to a lawsuit, or accept the review or inquiry of the relevant competent authority in his own name after receiving Baidu's notice, he should bear all costs (including but not limited to legal fees, attorney fees, compensation), and compensate Baidu for all losses caused thereby. Baidu has the right to deduct the above costs and / Or compensation for losses, if it is not enough to make up for the losses caused to Baidu, Baidu has the right to directly claim compensation from customers, and customers should also bear Baidu's rights protection costs arising from this, including but not limited to legal fees, arbitration fees, attorney fees, notarial fees, travel expenses and other costs.
twenty-five When the balance in the customer's Baidu promotion service management account is not enough to pay for Baidu promotion service, the customer should recharge to Baidu in a timely manner. If the customer's promotion information is offline due to the customer's failure to recharge in a timely manner, Baidu will not bear any responsibility for the termination of Baidu promotion service.
7、 Rules for use of light barges
one Qingge is an auxiliary tool launched by Baidu Marketing to help customers quickly create and launch advertisements through natural language expression. If you use the Qingge platform, you should strictly abide by the provisions of laws and administrative regulations such as the Network Security Law, the Internet Information Service Management Measures, the Internet Information Content Ecological Governance Regulations, actively fulfill the information security obligations, and abide by the principles of voluntariness, equality, fairness and good faith, Do not use this platform to infringe upon the legitimate rights and interests of others or seek illegitimate interests, do not disturb the normal order of the Internet platform, and maintain a clear network environment.
two You know and understand that the output under the Qingge platform is the intelligent auxiliary content provided by Baidu Marketing, which should not be regarded as Internet news information, can not replace professional practitioners to answer your corresponding questions, and does not constitute Baidu's launch suggestions or recommendation intentions. The formation of relevant reply content is based on your selection and input, combined with the limited data used in model development. The output results are for your reference, and do not represent Baidu's position. Before you confirm the launch, you must carefully check the legality and compliance of your launch settings and creative content. There is no violation of the legitimate rights and interests of Baidu or a third party. You should be responsible for the content launched through the Qingge platform. Any dispute or dispute arising therefrom should be resolved by you.
three If you use Baidu Marketing Platform, you should follow the following rules:
（ one ）Baidu Marketing prohibits customers from creating or publishing content that violates laws and regulations, infringes the rights and interests of others, or violates social morality, public order and good customs by using the Qingge platform;
（ two ）No matter whether the launch content used by customers includes light Ge auxiliary output content or not, customers are responsible for the launch content and should be responsible for their own actions, and should not publish any false, rumor mongering, deception, infringement and other illegal and illegal content;
（ three ）It will not induce the output of content that violates relevant laws and regulations, maliciously opposes the filtering mechanism, forms unfriendly interactions, interferes with the normal operation of services, and infringes the legitimate rights and interests of third parties or Baidu marketing through the input of content. The customer shall be responsible for all the consequences caused by the violation of the above guarantee. If Baidu Marketing suffers losses as a result, the customer shall compensate.
four Please understand that under the current level of research and development, Baidu Marketing may still be unable to fully guarantee the accuracy and integrity of the output you get through the light Ge function with reasonable efforts. If you have any feedback and suggestions on the output content of the light boat, you can evaluate the feedback of the output content, and we will continue to improve the technology and optimization functions based on your input and feedback during use. Baidu Marketing will earnestly fulfill its platform responsibilities, constantly optimize the creation environment and use experience, provide more convenient and better used launch auxiliary tools for customers, and bring new inspiration and expansion through continuous technology iteration.
8、 Settlement terms
one Charging rules
1) Unless otherwise expressly agreed by both parties, the service will be paid in the mode of pre payment before launch, immediate settlement after launch and deduction of fees. There is no upper limit on the amount of advance payment for a single payment, and the minimum amount is determined and announced by Baidu.
2) The renewal of the promotion fee refers to the advance payment made by the customer after the first payment specified in the previous paragraph to ensure the continued use of Baidu's promotion services. There is no upper limit for each renewal amount, and the minimum amount is determined and announced by Baidu.
3) “ Professional service fee ” : It refers to the fees for purchasing professional consultation and monthly telephone return visit of Baidu promotion services provided by Baidu. Professional service fee is one thousand yuan only ( a lowercase letter: RMB1,000 , but Baidu has the right to adjust according to regional differences ) 。 Other value-added services not provided by Baidu and their fees ( If any ) It shall be otherwise agreed by the customer and the service provider.
4) “ Certification technical service fee ” : Used to certify the authenticity of the customer subject. The certification technical service fee shall be paid annually, which is six hundred yuan only ( a lowercase letter :RMB600) 。 The customer shall re certify and pay the fee before the expiration of the annual validity period, if the verification fails ( Including not verified ) , Baidu will revoke the certification logo and terminate Baidu's promotion service when the validity period expires.
two Refund rules
Customers can apply for remaining cash in Baidu promotion service management account ( The total amount of customer's advance payment and all renewals shall be deducted from the total amount of all service fees already incurred and Balance after deducting expenses ) Refund, provided that the following conditions are met:
1) Termination of Baidu promotion service ;
2) Fill in relevant application documents ;
3) There is no unsettled matter, including but not limited to compensation for breach of contract, compensation for breach of contract or complaints and disputes ;
4) Non cash part of Baidu promotion service management account ( Including but not limited to grants ) No refund ;
5) “ Certification technical service fee ” It will be returned only if the customer's account has not been certified by Baidu for authenticity of account opening. Once the certification is conducted, it will not be returned whether it is passed or not.
6) “ Professional service fee ” It will only be returned if the customer's account fails to pass Baidu account opening review and no promotion consumption is generated. Once the account starts to consume, it will not be returned regardless of the reason for termination of cooperation.
7) The customer shall submit a refund application to the company and confirm the termination of the service.
9、 Resolution of third-party complaints
one The customer's promotion behavior violates the provisions of Baidu Promotion Service Agreement, resulting in Baidu being complained by a third party ( Including but not limited to the third party accusing Baidu of infringement by sending letters, media reports, etc Initiate a lawsuit against Baidu, report to relevant competent authorities, and make Baidu subject to review or inquiry, etc ) , Baidu has the right to ( Include word combinations containing the keyword ) Promoted website letter Information, promotion website links and other offline, stop targeting this keyword and / Or website “ Baidu promotion service ” and / Or choose to terminate the Baidu Promotion Service Agreement. When the above situation occurs, If Baidu decides to continue to perform this agreement, the customer should immediately rectify the promoted website information and / Or suspected illegal content on the website, and provide Baidu with effective evidentiary materials ; If the customer receives a hundred It is explicitly required to stop after notification “ Baidu promotion service ” The customer has not violated relevant laws, regulations and / Or under the premise of this agreement, Baidu Return the unfinished goods “ Promotion fee ” Baidu does not have to bear other legal liabilities and expense compensation when this agreement is terminated.
two For example, Baidu paid relevant fees in advance due to the above circumstances ( Including but not limited to the payment of compensation, attorney fees, legal fees and travel expenses through judgment, administrative penalty, reconciliation or mediation ) , the customer should pay after Baidu five The company will make full compensation within five working days, and pay Baidu a late fee of five thousandths of a day for overdue payment. If the customer should appear in his own name after receiving the notice from Baidu In case of consultation with a third party, responding to a lawsuit or accepting the review or inquiry of the relevant competent authority, bear all costs ( Including but not limited to legal fees, attorney fees and compensation ) And compensate Baidu for this Baidu has the right to deduct the above expenses and / Or compensation for losses, if it is not enough to make up for the losses caused to Baidu, the customer It should also be supplemented.
10、 Confidentiality responsibility
one Both parties signed and / Or the trade secrets of the other party obtained from the performance of this Agreement shall be kept confidential and shall not be disclosed to a third party in any form or for any reason According to laws and regulations, or judicial and / Or required by government agencies ; Otherwise, either party has the right to claim damages from the other party and investigate legal liabilities according to law.
two The confidentiality liability shall not become invalid due to the invalidity, early termination, cancellation or non operability of this Agreement.
11、 Amendment and interpretation of the agreement
Baidu has the right to modify the promotion policy Certification policy and contents of this agreement. The customer agrees that the policy, notice, agreement amount change and other matters will take effect from the date of release, and the customer will consult the relevant notice in a timely manner and The notified and changed product policy and the revised agreement shall be revised to fulfill relevant obligations. If the customer does not agree to the change, it shall be publicized three Apply to Baidu in writing within days for termination Until the end of this agreement, the customer's continued use of the changed service shall be deemed as acceptance of the changed content.
In case of any conflict between the terms of the agreement and the laws of the People's Republic of China, these terms will be completely reinterpreted in accordance with the laws, and other terms will still have legal effect and impact on customers.
one Baidu will not bear any responsibility for the following situations:
1) Baidu promotion service failed to register successfully not due to Baidu's intention or negligence ;
2) The customer suffers losses due to the intention or negligence of the customer or its agent ;
3) Due to Baidu's systematic testing, upgrading, updating and service sampling test of Baidu's promotion service system, it has an unavoidable impact on customers.
two If Baidu breaches its obligations under this Agreement and causes losses to customers, the liquidated damages and / Or the maximum amount of compensation is actually paid by the customer in the last Baidu promotion account involved before Baidu defaulted “ Promotion fee ” 。 If the customer does not recharge, the promotion advance payment paid for the first time shall be the limit.
13、 Dispute resolution
one The effectiveness, interpretation, execution, jurisdiction and dispute settlement of this Agreement shall be governed by the laws of the People's Republic of China.
two Any dispute or controversy arising out of or in connection with this Agreement shall be settled through friendly negotiation, Either party has the right to submit the dispute or controversy to the people's court with jurisdiction in Haidian District, Beijing, where this agreement is signed.
14、 Entry into force
one This agreement will come into force after the customer or its agent clicks and agrees or in the way agreed by both parties in written agreement.
15、 Special instructions
one Baidu and the customer are independent contracting parties. The terms and conditions under this agreement should only be legally binding on Baidu and the customer. Baidu website owners or partners do not form any form of agency relationship with Baidu, The customer shall not obtain any claim, lawsuit, recourse, claim or compensation right against Baidu website owner or partner based on any terms or conditions of this agreement.
two If any provision of this Agreement is invalid or cannot be performed, all other provisions and provisions of this Agreement shall remain in full force and effect and shall not affect other provisions of this Agreement. After determining that any term or provision is invalid, illegal or unenforceable, Both parties shall negotiate in a friendly manner to delete or modify invalid and illegal terms, and achieve the original purpose of the agreement as far as possible in an acceptable way, unless the deletion or modification of invalid and illegal terms will lead to a change in the nature of the agreement and cannot be reasonably continued.
three This agreement is made by Baidu Promotion Service Agreement ( Paper or electronic protocol ) and Baidu Promotion Service Agreement ( Online protocol )( http://e.baidu.com/accept/ In order to respond to changes in national laws, regulations and policies and provide better service experience for Party A, the online agreement may be updated from time to time ) Together. Baidu Promotion Service Agreement ( Paper or electronic protocol ) Terms not included shall be subject to Baidu Promotion Service Agreement ( Online protocol ) And vice versa. Other documents signed by the customer except for the above situations ( Including but not limited to customers and their agents / distributor / Agreement signed by service provider, customer agent / distributor / Agreement signed between the service provider and Baidu ) About “ Baidu promotion service ” In case of any conflict with this agreement, please refer to Baidu Promotion Service Agreement ( Paper or electronic protocol ) Shall prevail.
four Baidu solemnly reminds that in order to ensure that you enjoy efficient and high-quality services, please read carefully and ensure that you fully understand www.baidu.com Baidu promotion service channel “ Baidu promotion service ” Relevant provisions. The customer understands that the documents provided by any person or organization In case of any conflict between Baidu's promotion service description and Baidu's online terms, this agreement and its updated version shall prevail.
five Baidu special tip: “ Baidu promotion service ” It does not involve Baidu natural search ranking, and the fact that customer websites enjoy Baidu promotion services does not mean that customer websites are included in Baidu natural search. Whether the customer's website has been selected by Baidu Webpage Natural Search Inclusion and natural ranking order and whether customers participate “ Baidu promotion service ” irrelevant. The notification method described in this agreement is: Baidu will publicize it online ( Address is http://e.baidu.com/accept/ ) and / Or Baidu promotion service system internal notice and / Or email and / Or fax / Phone and / Or express mail or other means to notify the customer or its agent in advance. If the customer is notified, the date when the customer learns of the change shall be the following date: three Working days, email enters customer email The date of account, the date of sending the fax to the customer, the date of receiving the telephone, and the date of sending the express mail three Working days. If the agent is notified, the agreement between Baidu and the agent shall prevail. In any case, when a customer sends a notice to Baidu, it should use email and / Or fax and / Or express mail ( When issuing the notice, the unit shall affix its official seal and the individual shall sign ) 。 Baidu received the notice on the same date as before. If either party sends a notice to the other party in multiple ways, the date on which the other party is informed shall be the earliest known date.