This Product Listing and Intellectual Property Enforcement Policy (the “Policy”) sets out the terms and conditions governing the listing of software (the “Products”) on the Alibaba Cloud International Marketplace Platform (the “International Marketplace”) by global independent software vendors (referred to as “Vendor”, “you” or “your”) to sell their Products to users of Alibaba Cloud International Website, currently located at URL: www.alibabacloud.com (the “Alibaba Cloud Platform”).
PART I PRODUCT CRITERIA
1. Delivery Methods and Product Categories
The Products must be either in image format or a SaaS product. The Products must belong to one of the following product categories:
| Categories | Sub-Categories |
|---|---|
| Software Infrastructure | Application Development Application Servers Application Stacks DataBases Network Infrastructure Operating Systems Security Webhosting Storage |
| Developer Tools | Bug Tracking Analytics Testing Message Queue Code Management |
| Business Software | CMS eCommerce Media eLearning CRM ERP |
| China Gateway | Business Administration Compliance and Audit Finance and Tax |
2. Suspension / Removal of Products
Alibaba Cloud shall be entitled to suspend or remove a Product from the International Marketplace, if it determines in its sole and absolute discretion that a Product:
(a) has not been purchased on the International Marketplace for more than 6 months;
(b) has received consistent negative feedback from end-users;
(c) is not kept up-to-date with current bug fixes and patches; or
(d) the Vendor has breached the terms and conditions applicable to it under the International Marketplace and/or Alibaba Cloud International Website.
PART II GENERAL PROHIBITIONS
You shall not list any Product with content that is restricted or prohibited by a federal state, local law or regulation in any country or jurisdiction. You shall be responsible for ensuring that you are not listing such a Product.
You shall not list any Product that infringes or misappropriates any third party’s rights (including any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights).
You shall not list any Product that contains any virus, malware, Trojans or any other software that may disrupt, threaten or damage the operation and functioning of Alibaba Cloud’s systems and/or the end-users’ computers.
You shall not list any Product that unreasonably collects personal data from end-users.
Alibaba Cloud has the right to deny the listing of or directly remove any Product submitted by you which, in the sole and absolute discretion of Alibaba Cloud, violates the above, any applicable terms and conditions of the International Marketplace and/or Alibaba Cloud International Website, violates any applicable law, infringes or misappropriates the rights of any third party, is deemed or alleged to be fraudulent and/or controversial in nature, may disrupt, threaten or damage the operation and functioning of the Alibaba Cloud Platform (including any and all of our regional or operational webpages) and/or the International Marketplace. Alibaba Cloud may at our sole discretion notify you of our awareness of such circumstances and may at our sole discretion take any relevant enforcement actions against you as deemed appropriate.
PART III INTELLECTUAL PROPERTY ENFORCEMENT
1. Enforcement Actions
Alibaba Cloud takes a serious stance in dealing with intellectual property infringement claims on the Alibaba Cloud International Website. Violations of our intellectual property policies and/or terms and conditions may result in a range of actions, including but not limited to:
- Removal of Product listings;
- Posting restrictions;
- Account suspension; and
- Termination of your account on the Alibaba Cloud Platform.
Alibaba Cloud shall have the discretion to take any enforcement action as it solely determines to be appropriate in the circumstances, including where litigation has already been initiated by intellectual property rights holder(s).
You will defend, indemnify, and hold harmless Alibaba Cloud, our affiliates, licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with any third party claim concerning any intellectual property rights in respect of your Product.
2. Intellectual Property Infringement Reports
Intellectual property right holders can make reports via the online reporting channel at https://www.alibabacloud.com/report or send an email to marketplaceenforcement@alibaba-inc.com in respect of any concerns regarding intellectual property infringement, with the following materials included in the email:
(a). proof of identity of the submitter and relevant authorization if the submitter is not the intellectual property right holder;
(b). proof of intellectual property ownership; and
(c). precise, clickable hyperlinks to the relevant alleged infringing listing on the International Marketplace.
Alibaba Cloud will evaluate intellectual property infringement reports promptly. The Vendor subject to intellectual property infringement report will be notified of the report and the contact information of the intellectual property right holders will be provided to the Vendor to facilitate direct conflict resolution.
Vendor(s) subject to intellectual property infringement report may submit counter-notifications to dispute the corresponding report. Intellectual property rights holders shall be notified if and when any counter-notifications are filed and may accept or reject such counter-notifications.
Alibaba Cloud reserves the right to take any enforcement actions stated under paragraph 1 above or reinstate any Product listing at our sole determination.
Alibaba Cloud may conduct the enforcement proceedings in such manner as it considers appropriate. At any time during the enforcement proceedings, Alibaba Cloud may require parties to produce documents, exhibits or other evidence within such period of time as Alibaba Cloud shall determine. Alibaba Cloud shall determine the admissibility, relevance, materiality and weight of the evidence offered.
3. Other Reports
If you would like to report any suspected unlawful or abuse on the International Marketplace, please notify us by submitting a report via the online reporting channel at https://www.alibabacloud.com/report or by sending an email to marketplaceenforcement@alibaba-inc.com.