HUAWEI CLOUD Marketplace Cooperation Management Regulations

HUAWEI CLOUD Marketplace Cooperation Management Regulations

1. Overview
  • HUAWEI CLOUD Marketplace Cooperation Management Regulations (hereinafter referred to as "this document" is applicable to all Partners of and Products on the HUAWEI CLOUD Marketplace. This document is a supplement to the terms and conditions of HUAWEI CLOUD Marketplace Cooperation Agreement, hereinafter referred to as "the Agreement". Unless otherwise specified in this document, the provisions in HUAWEI CLOUD Marketplace Cooperation Agreement shall prevail. When joining the HUAWEI CLOUD Marketplace, the Partner must always comply with the regulations and/or policies mentioned in this document. If the Partner fails to comply with any clauses or conditions in this document, HUAWEI CLOUD has the right to take measures such as removing the Partner's Products and terminating the Agreement with the Partner. If any losses are caused to HUAWEI CLOUD, it has the right to ask the Partner to compensate for all losses. HUAWEI CLOUD is entitled to update this document from time to time. Unless otherwise specified in this document, the terms defined in the HUAWEI CLOUD Marketplace Cooperation Agreement retain the same meaning in this document.
2. Definitions
  • 2.1 "Marketplace" means a neutral e-commerce platform that is established and operated by HUAWEI CLOUD, on which the Partner can promote and sell Products related to cloud computing to End Users.
    HUAWEI CLOUD may adjust the name, website, and other display elements of the Marketplace according to its operation and development situations, and notify the Partner and Users through bulletins, intra-site letters, emails, and other means.
  • 2.2 "Products" means the software, images, and services independently developed by the Partner or provided by parties authorized by the relevant rights holders in accordance with the law, which are traded on the Marketplace, including but not limited to Product and service categories such as basic operating environment, database and cache, network security software, enterprise management software, e-commerce software, storage and backup software, website building system, business intelligence software, information security software, industrial software, data migration, troubleshooting, and safe O&M.
  • 2.3 "Partner" means a service provider (enterprise) that has applied to and been approved by HUAWEI CLOUD to sell and provide software, images, and services on the Marketplace based on cloud computing and big data services.
  • 2.4 "End Users" (also referred to as "End Customers", and "Users") means any enterprises or individuals who purchase or obtain software, images, and services sold on the HUAWEI CLOUD Marketplace.
3. Registration
  • 3.1 [Registration requirements] To register with the HUAWEI CLOUD Marketplace, the Partner must meet the following requirements:
    • 3.1.1 It complies with the relevant laws and regulations of the country, is officially recognized as a company, and can provide authentic and valid information or documents such as:
      • • A copy of the business license
      • • A copy of the ID of the enterprise's legal representative
      • • Names, contact numbers, and email addresses of a contact person and an emergency contact person
    • 3.1.2 It has a technical and customer service team with more than five people and has two years' experience in the industry.
    • 3.1.3 It provides online services at least eight hours a day and five days a week and has marketing planning capabilities.
    • 3.1.4 It accepts and signs HUAWEI CLOUD Marketplace–related agreements and management regulations, including but not limited to the Agreement, this document, and the HUAWEI CLOUD Marketplace Service Agreement, and carries out business according to the terms in the aforesaid agreements and this document.
    • 3.1.5 According to the existing registration rules of HUAWEI CLOUD Marketplace, the Partner does not need to pay a registration deposit. However, HUAWEI CLOUD reserves the right to charge the deposit, and notify the Partner to pay for the deposit as a registration requirement.
    • 3.1.6 Products sold on the Marketplace must be based on HUAWEI CLOUD Services, sold in packages with HUAWEI CLOUD products, or closely related to the use of HUAWEI CLOUD products.
    • 3.1.7 It has a valid HUAWEI CLOUD account.
    • 3.1.8 It is verified as a HUAWEI CLOUD Marketplace Partner.
    • 3.1.9 It meets all other conditions as required by HUAWEI CLOUD (including those required by the Partner policies).
4. Operation Management
  • 4.1 [Product release] When the Partner brings Products on-shelf, they should comply with the Agreement and the following:
    • 4.1.1 Products on-shelf must be safe and reliable, and must pass the HUAWEI CLOUD security review.
    • 4.1.2 Products on-shelf can be purchased or be used free of charge, and the Partner must be fully qualified for selling or putting the Products on-shelf.
    • 4.1.3 For Products on-shelf, product agreements or service clauses and privacy protection policies must be clear and publicized to Users.
    • 4.1.4 The Partner shall have legal intellectual property rights or authorization from relevant authorizers for the Products on-shelf. If open-source software is involved, the Partner shall strictly follow the authorization regulations of open-source software.
    • 4.1.5 Product elements such as the title, picture, attribute, price, and service description shall match each corresponding Product on-shelf. In addition, no external link address of non-HUAWEI CLOUD Service websites is embedded on pages such as the Product service description page or case page. The Partner shall not deliberately copy the information of stores and Products of other Partners that have registered with the platform.
    • 4.1.5 Product elements such as the title, picture, attribute, price, and service description shall match each corresponding Product on-shelf. In addition, no external link address of non-HUAWEI CLOUD Service websites is embedded on pages such as the Product service description page or case page. The Partner shall not deliberately copy the information of stores and Products of other Partners that have registered with the platform.
    • 4.1.6 Before Products are put on-shelf, the Partner must provide the strategy of removing Products from the shelf such as how to ensure that Users who have purchased the Products before the removal can continue to use the Products normally and how to transfer rights.
    • 4.1.7 The Products on-shelf shall not contain:
      • (1) Content that infringes on the intellectual property rights or other legal rights of any third parties.
      • (2) Trojan horses or hacker programs which may sabotage network security.
      • (3) Content that may trick out personal or enterprise privacy information such as the ID, email address, mobile phone number, bank account, and payment account.
      • (4) Miscellaneous content that violates the laws and regulations, national policies, or various rules of HUAWEI CLOUD.
      • (5) Any words or phrases with exaggeration or overcommitment, such as "unique" or "the optimal", in Product information.
      • (6) Trading entrances for products/services that are not on-shelf on the HUAWEI CLOUD Marketplace. The renewal of Products must be processed through the HUAWEI CLOUD Marketplace platform.
      • (7) Independent user management systems that require Users to register or record user information.
      • (8) If relevant administrative permits or filing are involved with the Products on-shelf, the Partner shall obtain the relevant licenses and perform filing before the Products are brought on-shelf.
    • 4.1.8 The Partner shall not release prohibited sales information as listed in HUAWEI CLOUD Marketplace Cooperation Agreement. The Partner must not maliciously submit services or Products that do not comply with the release regulations, including but not limited to: political propaganda and/or news information that violates national regulations; national secrets and/or information that sabotages national security; information about cults, feudalism, and obscenity; information that instigates crimes; gambling or lottery information; illegal Internet publication activities; information that violates national ethical and religious policies; information that sabotages the Internet operation security; information and/or content that infringes others' legal rights or damages social orders, public security, and social morality.
  • 4.2 [Product removal]
    • 4.2.1 [Product removal] If a Product is removed, the Product cannot be seen in the Marketplace or be provided to other Customers for configuration. Customers who have configured the Product before the Product is removed can continue to use the Product within the same scope.
    • 4.2.2 [Product removal by the Partner] The Partner can apply to remove a Product from the Marketplace.
    • 4.2.3 [Product removal by HUAWEI CLOUD] HUAWEI CLOUD reserves the right to remove any Product from or suspend any Product in the Marketplace, regardless of the reason. The reasons may include but are not limited to: (A) The Partner violates the terms of the Agreement (including Marketplace participation policies and Marketplace participation technical guides); (B) The Product released by the Partner is inconsistent with the relevant information of the Products on-shelf; (C) The Product of the Partner is accused of infringing on the intellectual property rights of a third party; (D) The Product of the Partner faces content or quality complaints; (E) The Partner does not provide support to Customers according to the regulations of this document.
    • 4.2.4 [Product termination]
      • (1) The termination of a Product means that HUAWEI CLOUD notifies the existing Customers that the Product has been terminated, and the Customers shall stop using the Product from the expiration date specified in the notification. The Partner agrees that if Customers use the Partner's Product after the specified termination date, HUAWEI CLOUD does not take any responsibilities or have any obligations.
      • (2) When a Product is terminated, the existing Customers may continue to use the Product within 90 days of the termination date or before the expiration date of the Product purchased from the Partner (whichever is longer, hereinafter referred to as the gradual termination period). The Partner must continue to provide any services that are part of the Partner's Products to the existing Customers within the gradual termination period.
      • (3) Unless required by the law or HUAWEI CLOUD or in the case of forced termination (for example, fraud or infringement of intellectual property rights), the Partner shall not terminate any Products before the end of the gradual termination period. In addition, the Partner shall not terminate any non-service Product within this Agreement period.
  • 4.3 [Temporary suspension]
    • 4.3.1 If HUAWEI CLOUD confirms that any of the following circumstances occur, HUAWEI CLOUD has the right to immediately suspend the right of access or the right of use of the Partner's account to part or all of the services of the Marketplace platform after giving a notice.
      • (1) The Partner uses the Marketplace to:
        • i. Cause security risks to the HUAWEI CLOUD Service website (www.huaweicloud.com), HUAWEI CLOUD Service products, Marketplace platform, or any third parties.
        • ii. Pose adverse effects on the content of HUAWEI CLOUD Service products, systems, or other HUAWEI CLOUD Service website accounts (at a certain probability).
        • iii. Cause consequences that HUAWEI CLOUD and its associated companies, or any third parties have to assume responsibilities for.
      • (2) The Partner breaches the Agreement and/or this document, including but not limited to adversely affecting HUAWEI CLOUD or End Customers.
      • (3) The Partner transfers or performs similar actions to its assets for the benefit of a creditor without prior written consent from HUAWEI CLOUD, or the Partner becomes the subject of bankruptcy, reorganization, liquidation, dissolution, or similar legal action or procedure.
    • 4.3.2 In the event that HUAWEI CLOUD suspends the Partner's right of access to or right of use of part or all of the Marketplace or HUAWEI CLOUD Service products:
      • (1) For the parts involved in the temporary suspension by HUAWEI CLOUD, the Partner is obliged to pay for the Marketplace and/or HUAWEI CLOUD Service products that are temporarily suspended during the temporary suspension period.
      • (2) The Partner shall continue to pay for any HUAWEI CLOUD Service products that the Partner can continue to use.
      • (3) The Partner is not entitled to the rights under the corresponding SLAs during the suspension period.
      • (4) Unless otherwise specified in the Agreement or required by the law or regulatory authorities, HUAWEI CLOUD will not delete any content of the Partner due to the suspension.
    • 4.3.3 If any loss is caused to an End Customer due to the temporary termination of provisions in 4.3.1 and 4.3.2 of this clause, the Partner shall assume all liabilities while HUAWEI CLOUD is exempted.
    • 4.3.4 After HUAWEI CLOUD suspends the Partner's right of access to or right of use of the account, if the Partner fails to take any remedial actions or clear the adverse effect on HUAWEI CLOUD or any third parties, HUAWEI CLOUD is entitled to terminate the Agreement by a written notice. The Partner shall compensate HUAWEI CLOUD for any losses incurred therefrom.
  • 4.4 [After-sales service] The Partner must provide after-sales services for charged Products and specific free Products.
    • 4.4.1 [After-sales service mode and time]
      • 1. After Products are sold, the Partner shall provide End Users with after-sales support, such as telephone support, technical support, and Product support. For details, refer to the terms in the HUAWEI CLOUD Marketplace Service Agreement.
      • 2. The Partner must provide real-time online services at least during working hours (9:00-18:00) from Monday to Friday. (Note: The time mentioned in this document is Beijing time.)
      • 3. Within the service time, instant messaging tools must be online and responses must be given within 30 seconds. The Partner shall set an automatic reply when the customer service is unavailable to improve user experience.
      • 4. The Partner must provide alternative solutions, data backup, and migration services for Users when (charged and/or free) Products are unavailable.
    • 4.4.2 [Service commitment] In the transaction process, The Partner shall provide services to Users as agreed (including but not limited to order content, platform assurance, and service commitments made by the Partner to Users).
  • 4.6 [Forbidden false transaction] The Partner shall not engage in the following activities to increase service sales or credit:
    • (1) Asking or suggesting that Customers confirm the Product and service in advance before they are delivered.
    • (2) Purchasing or entrusting others to purchase services of the Partner as a Customer and give good reviews.
    • (3) Increasing service sales or credit by other fraudulent or improper measures.
  • 4.7 [Forbidden unfair competition] The Partner shall be honest and shall not compete in an improper manner, such as making malicious comments, malicious complaints, malignant imputation, and fake orders. Improper competition includes but is not limited to the following:
    • (1) The Partner forges or tampers with User comments or messages.
    • (2) The Partner pretends to be a Customer to purchase peer services for the purpose of making malicious comments.
    • (3) The Partner maliciously reports other Partners, for example, reporting with pseudo proofs.
    • (4) The Partner takes other actions that breach the Anti-Unfair Competition Law of the People's Republic of China and break the fair competition orders of the Marketplace.
5. User Refund Management
  • 5.1 [Refund] For Products on the Marketplace, Users may initiate refund requests due to poor Product quality or service dissatisfaction.
    • 5.1.1 A full refund can be given for the following reasons:
      • (1) If the Customer loss is caused by the poor service quality of a service Product, the Customer shall be given a full refund and the loss shall be compensated. In addition, HUAWEI CLOUD shall be free from any loss or claims.
      • (2) The Customer shall be given a full refund for all other reasons that comply with the full-refund policies, which include but are not limited to the above terms.
    • 5.1.2 [Refund amount]
      • (1) For service Products: During the period from the day when payment is made to the time before service is confirmed, a full refund shall be given. For a service Product that has been confirmed, the refund amount is determined according to the agreement committed by the Partner or no refund is given.
      • (2) For application Products: Within seven days of the date of payment, a full refund shall be given. For an application Product that has been paid for over seven days, the refund amount is determined according to the agreement committed by the Partner or no refund is given.
      • (3) After a refund is issued, the Partner shall pay back HUAWEI CLOUD the settled amount or the amount will be deducted from the settlement amount of the next period.
6. Platform Operation
  • 6.1 [Code of conduct] When providing services on the Marketplace, the Partner shall comply with the following regulations:
    • 6.1.1 All application information and materials submitted or filled in must be authentic, accurate, and valid. The Partner shall not apply to join the Marketplace using false qualifications or information. Any change (or expiration) of the application materials shall be reported to the Marketplace within 30 days of the charge date (or expiration).
    • 6.1.2 Without prior written authorization, the Partner shall not perform any sales and promotion activities in the name of HUAWEI CLOUD or other associated companies of HUAWEI CLOUD, including but not limited to telephone calls, letters, emails, and documents.
    • 6.1.3 The Partner shall not sabotage the brand or image of HUAWEI CLOUD, or directly or indirectly forge Products.
    • 6.1.4 The Partner shall not modify product configurations without permission, including but not limited to security configurations.
    • 6.1.5 The Partner shall not jeopardize system security by escalating account privileges or installing backdoor programs during the service process.
    • 6.1.6 The Partner shall not conceal system defects found during the service process or use them maliciously. The Partner shall inform HUAWEI CLOUD immediately if any system defects are found.
    • 6.1.7 The Partner shall not abuse, intimidate, or threaten Users.
    • 6.1.8 The Partner shall obtain only the necessary information for providing Marketplace services, and information collected by the Partner during the service process can be used only for providing services to that specific User. The Partner shall not sell, transfer, or disclose the information collected to any third party, or collect user information beyond the scope of the service. Information includes but is not limited to member names, mobile phone numbers, addresses, accounts and passwords of HUAWEI CLOUD Products, and website data.
    • 6.1.9 Without approval by HUAWEI CLOUD, the Partner shall not send service promotion information to Users, or cause any disturbance to Users by any means.
    • 6.1.10 Before the release of online update of the Products that have been put on-shelf, the Products must pass HUAWEI CLOUD's security review.
    • 6.1.11 The Partner shall not commit fraudulent actions towards Users.
    • 6.1.12 The Partner shall proactively update or adjust its Products to ensure the security and availability of the Products on-shelf.
    • 6.1.13 If the Product is updated or adjusted, the Partner shall update it to the Marketplace in a timely manner.
    • 6.1.14 Products with zero transactions for three consecutive months are forcibly removed from the Marketplace.
    • 6.1.15 The Partner shall back up data when providing services to Users, delete the data that does not require long-term backup after the service process is completed, and avoid User losses due to human-caused errors, including but not limited to:
      • (1) Data losses due to incorrect operations of the Partner during cloud product maintenance or data migration.
      • (2) Mixing up the data of different HUAWEI CLOUD End Users due to the Partner's operational error.
  • 6.1.16 When a complaint occurs, the Partner shall actively cooperate with the Marketplace to conduct an investigation and problem handling, respond within 30 minutes, and shall not impede the investigation and problem handling or take uncooperative actions, including but not limited to:
    • (1) Making telephone calls pretending to be the Customer to withdraw the complaint.
    • (2) Fabricating and concealing the facts and hindering the normal investigation of HUAWEI CLOUD.
  • 6.1.17 If the Products provided by the Partner infringe on intellectual property (in the case that HUAWEI CLOUD receives complaints or has reasonable reasons to believe so), the Partner shall take effective measures to stop the infringement and compensate HUAWEI CLOUD and End Users for any losses caused, including but not limited to:
    • (1) Obtaining the permission to continue to use the Product.
    • (2) Providing replacement of the Product or other solutions for Users who have used the Product, and providing data migration and other related services for the Users free of charge.
    • (3) If neither one of the preceding methods can be achieved, the Partner can choose to and HUAWEI CLOUD has the right to remove the Product from the Marketplace. The Partner shall return the expenses of the unused part.
7. Violation Handling
  • 7.1 [Violations and handling] Once a Partner violation occurs, HUAWEI CLOUD confirms the violation based on the corresponding regulations and handling procedures, and takes the corresponding handling measures.
  • 7.2 According to the laws and regulations, the Agreement, and regulations in this document, HUAWEI CLOUD is entitled to take other handling measures, including but not limited to removing all Products, displaying location adjustment, publicizing/reporting violations, appending deposits, and restricting Product types.
8. Exit Management
  • 8.1 [Termination of cooperation] When the term of the Agreement expires and both parties decide not to renew the Agreement, or when either party proposes to terminate the contract before the expiration, the Partner exits the Marketplace.
  • 8.2 [Active exit] The Partner is entitled to apply to exit the Marketplace based on their actual situation.
  • 8.3 [Expulsion] If any of the following situations occur, HUAWEI CLOUD is entitled to immediately expel the Partner from the Marketplace:
    • (1) The Partner is in substantial breach of the Agreement and the regulations in this document, or violates the conditions listed in Violation Handling above.
    • (2) The Partner no longer meets the corresponding application requirements.
    • (3) The Partner's account has been blacklisted or expelled by HUAWEI CLOUD due to violations of the HUAWEI CLOUD Service website agreements and other regulations.
    • (4) The Partner performs other behaviors that HUAWEI CLOUD regards as serious violations.
  • 8.4 [Application resubmission] If the Partner exits from the Marketplace, it can resubmit the application to join the Marketplace after at least 365 days of exiting. If the Partner is expelled from the Marketplace by HUAWEI CLOUD, it is not allowed to apply to register with the Marketplace again.
  • 8.5 [Service processing after exit] When the Partner exits, transactions that have been completed between the Partner and Users are handled as follows:
    • (1) If the project for which the service or Product of the Partner has not completed or started, the Partner shall give a full refund to the Customer and compensate for the losses caused to the Customer and HUAWEI CLOUD.
    • (2) After the Partner exits from the Marketplace, HUAWEI CLOUD provides only the renewal of HUAWEI CLOUD resources included in the Products that the Partner has sold.
    • (3) After the Partner exits from the Marketplace, the after-sales services of the Products sold by the Partner are negotiated between the Partner and Users and are provided by the Partner.
9. Honesty and Integrity
  • 9.1 To ensure the legal rights and interests of the Partner and HUAWEI CLOUD, both parties will jointly resist commercial bribery, unfair competition, and commercial fraud, and will mutually build a relationship based on trust, integrity, and righteousness. The Partner agrees to perform the following:
    • (1) Proactively comply with the relevant laws and regulations, and provisions on fair transaction, integrity, self-discipline, and anti-corruption. The Partner shall not bribe HUAWEI CLOUD employees in any way.
    • (2) If HUAWEI CLOUD employees request a bribe from the Partner during daily business, the Partner must turn them down and file a complaint to the administrative department of HUAWEI CLOUD. If the Partner does not turn down or report the bribe of HUAWEI CLOUD employees, such behavior shall be deemed as bribery of the Partner.
    • (3) Actively report association: The Partner shall actively declare whether it is associated with HUAWEI CLOUD according to the requirements of HUAWEI CLOUD, and no association transaction is allowed. (Association refers to the relationship between the company's controlling shareholder, actual controller, director, supervisor, or senior management personnel and the enterprise directly or indirectly controlled by the Partner, and other relationships that may cause a conflict of interest.) When participating a project bid, the Partner shall actively report whether it has associations with other bidders.
    • (4) In its business engagements with HUAWEI CLOUD, the Partner must adhere to the principle of integrity.
  • 9.2 The Partner understands and explicitly declares that violating this commitment may cause severe economic losses to HUAWEI CLOUD and may bring adverse legal consequences to HUAWEI CLOUD. If the Partner violates the provisions of this commitment, HUAWEI CLOUD is entitled to terminate the cooperation with the Partner without being responsible for any liabilities, and reserves the right to investigate the liability of the violators through legal means. If the Partner engages in bribery, the Partner shall return any improperly obtained benefits from the bribe to HUAWEI CLOUD. 15% of the procurement amount (actual paid amount + unpaid contract amount) that was incurred from the time of the first bribe to the time when the bribe is discovered shall be paid in one installment by the Partner to HUAWEI CLOUD as a penalty. If the Partner has associated transactions with HUAWEI CLOUD but does not actively report such association, the Partner shall return the improper benefits obtained to HUAWEI CLOUD, and pay 15% of the procurement amount (actual paid amount + unpaid contract amount) that has been incurred from the day when the association shall be but was not reported to the day when such behavior is discovered in one installment as the penalty.
10. Corporate Social Responsibility
  • Electronic Industry Citizenship Coalition Code of Conduct (EICC Code) is the Conduct Guidelines released by the electronic industry citizenship coalition (http://www.eiccoalition.org). The Conduct Guidelines aims to establish and ensures that the supply chain of the electronics industry provides a safe working environment, and workers are respected and honored. In addition, enterprises are responsible for environmental protection and shall comply with ethical operation standards. The Partner hereby promises to openly support the EICC Code with HUAWEI CLOUD and deploy and implement the requirements in the EICC Code in their respective organizations. If the Partner is an enterprise and has downstream suppliers, the Partner shall make the downstream suppliers aware of and execute the corporate social responsibilities required by the EICC Code, implementing it throughout the supply chain. Under the premise of reasonable notification, HUAWEI CLOUD is entitled to check the execution of corporate social responsibilities by the Partner.
11. Network Security
  • If the cooperation Products provided by the Partner include software or software storage media, the Partner shall carefully read and strictly comply with the Product and Service Security Clauses given in Appendix 1 of this document.
12. Open-Source Software Management
  • (1) The Partner shall provide a list of all open-source software included in the Products that are delivered to HUAWEI CLOUD as required by this Agreement according to the List of Open-Source Software Used in Products in Appendix 2 of this document within one month from the date of signing the Agreement or as required by HUAWEI CLOUD in written form. Within the validity period of this Agreement, if a Product is updated or upgraded, the Partner is obliged to provide the list of open-source software included in the updated or upgraded Product according to the List of Open-Source Software Used in Products. The Partner shall ensure that the list of open-source software provided according to this clause is accurate and detailed.
  • (2) The Partner ensures that it has fulfilled the obligations of the corresponding open-source software license before delivering the Products to HUAWEI CLOUD. If the Partner does not fully fulfill the obligations of the corresponding open-source software license before delivering the Product to HUAWEI CLOUD, the Partner must modify the delivered Product so that it meets the requirements of the open-source software license, provide a replacement to HUAWEI CLOUD free of charge, and compensate HUAWEI CLOUD and the End Users for any losses incurred within one month from the date when the Agreement takes effect or within one month upon receiving the written notice from HUAWEI CLOUD.
  • (3) Within the scope of the open-source software license, the Partner shall provide HUAWEI CLOUD with the source code of the open-source software free of charge immediately upon the request of HUAWEI CLOUD. HUAWEI CLOUD is entitled to provide the source code of the aforementioned open-source software to a third party as required by the third party.
  • (4) Despite the preceding conventions, the Partner shall obtain written approval from HUAWEI CLOUD before using open-source software in any Product.
  • (5) If a Partner violates any of the above clauses, it constitutes a substantial breach. HUAWEI CLOUD is entitled to terminate the Agreement signed with the Partner and all losses and liabilities incurred by the Partner to HUAWEI CLOUD due to the violation of the above regulations shall be borne by the Partner.
13. Supplementary Provisions
  • 13.1 This document takes effect from the date of release.
  • 13.2 HUAWEI CLOUD has the right to revise this document according to factors such as the market environment and the development status of the Partner management system. Document revisions are released on the HUAWEI CLOUD Service website and take effect upon release.
Appendix 1: Product and Service Security Clauses
  • 1 Introduction
  • This Product and Service Security Clauses is an appendix of the HUAWEI CLOUD Marketplace Cooperation Management Regulations. Once signed by both parties, it constitutes an effective part of the HUAWEI CLOUD Marketplace Cooperation Management Regulations.
  • 2 Product Security Requirements
  • (1) Products provided by the Partner shall meet HUAWEI CLOUD's security requirements and shall not contain any types of Trojan horses, backdoors, worms, viruses, malicious codes, unknown functions, or unknown authorization.
  • (2) All functions and features of Products provided by the Partner must be explained to HUAWEI CLOUD, especially functions that may infringe on personal privacy and communication freedom, including but not limited to DPI and service traffic interference.
  • (3) All ports of the Products provided by the Partner must be declared to HUAWEI CLOUD. No hidden ports are allowed. The ports that are enabled must be necessary for system operation and maintenance and unnecessary ports must be disabled. Authorization control is necessary to enable or disable a port and the method of enabling or disabling a port shall be explained to HUAWEI CLOUD.
  • (4) For Products provided by the Partner, all communication ports that can manage or control the system (including but not limited to physical ports that can manage or control the system) must have access authentication mechanisms (except for standard protocols without authentication mechanisms). The authentication mechanism must have anti-brute force cracking and anti-forgery features. The Partner must provide a list of all initial accounts and passwords for authentication.
  • (5) If Products provided by the Partner access the system or data, the Partner shall not use secret or unmanageable authentication or access methods that bypass system security mechanisms (including but not limited to authentication, authorization control, and log records), such as unmanageable accounts and passwords.
  • (6) If the Products provided by the Partner store or transmit data, the Partner must encrypt the storage and transmission of the Product passwords and sensitive personal data (such as bank accounts). Passwords must not contain hardcoding. If passwords need not be restored, passwords must be stored using irreversible algorithms.
  • (7) If the Products provided by the Partner contain encryption algorithms, the algorithms cannot use insecure private or known encryption algorithms, and the Partner must provide the encryption algorithm list.
  • (8) If the Products provided by the Partner collect or migrate Customer/End User data (including personal data), the Customer/End User is entitled to decide whether to use or disable the function.
  • (9) If the Products provided by the Partner provide software upgrades (including but not limited to self-developed software, third-party commercial software, and open-source software), the Partner shall inform HUAWEI CLOUD and the Customer/End User has the right to decide whether to use or disable the function.
  • (10) The Partner must inform HUAWEI CLOUD of the purposes, data formats, contents, and implementation and management mechanisms of data transfer, and ensure that data collection or transmission complies with applicable laws and regulations on protecting personal data, privacy, and free communications, and it must ensure network security.
  • (11) If the Products provided by the Partner contain software (including but not limited to self-developed software, third-party commercial software, and open-source software) or chips, security detection must be performed before delivery, including but not limited to: virus scanning, port scanning, vulnerability scanning, and web security detection. If any security risks are detected, they must be handled, or an upgrade to a new version that is free from security issues is required.
  • (12) When providing Products, the Partner must provide security test reports. For software (including software packages and patch packages), integrity check mechanisms (such as digital signatures) must be provided.
  • 3 Service Security Requirements
  • When providing Products-related maintenance and upgrade services, the Partner shall comply with the following requirements:
  • (1) The Partner shall comply with related laws and regulations of its country as well as the security requirements of HUAWEI CLOUD and/or Customers to ensure that no security risk or issue exists in the service provisioning process.
  • (2) The Partner shall comply with the applicable laws and regulations on protecting personal data, privacy, and free communications, and ensure network security. It shall also strictly comply with the agreements between both parties, and the instructions of HUAWEI CLOUD and/or Customers when processing and transmitting personal data and other related businesses.
  • (3) The Partner shall not attack or destroy HUAWEI CLOUD or Customers' networks, steal data or information from HUAWEI CLOUD or Customers' networks, or crack HUAWEI CLOUD or Customers' accounts and passwords.
  • (4) The Partner shall not implant malicious codes, software, or backdoors or reserve unannounced interfaces or accounts in HUAWEI CLOUD and/or Customers' Products or services.
  • (5) Without written authorization from HUAWEI CLOUD and/or Customers, the Partner shall not use an unauthorized account or other's account to log in to the device for operation, or share the account and password with others. The Partner shall not retain or use the administrator account or other unauthorized accounts after the Product is put into commercial use or transferred for maintenance.
  • (6) Without written authorization from HUAWEI CLOUD and/or Customers, the Partner shall not access HUAWEI CLOUD and/or Customers' systems or collect, possess, process, modify, disclose, or spread any data or information on the Customers' networks.
  • (7) The Partner shall not disclose any information or data of HUAWEI CLOUD and/or Customers that it obtained during service provisioning until the relevant information or data is legally disclosed. The Partner shall not use this information or data to seek personal interests or for other illegal purposes.
  • (8) The Partner shall use software versions, patches, and licenses provided by HUAWEI CLOUD and/or Customers or those obtained from channels specified by HUAWEI CLOUD and/or Customers. The Partner shall not use illegal software on HUAWEI CLOUD and/or Customers' networks.
  • (9) Without HUAWEI CLOUD and/or Customers' permission or authorization, the Partner shall not provide any service other than services specified by HUAWEI CLOUD.
  • 4 System Security Requirements
  • (1) The Partner shall establish a security assurance system, implement security management on Products and/or services, and regularly conduct security self-checks and provide security self-check reports to HUAWEI CLOUD. HUAWEI CLOUD and/or Customers are entitled to inspect the security assurance system and execution situation of the Partner.
  • (2) The Partner must establish a security emergency response mechanism to notify HUAWEI CLOUD of Product and/or service security issues (including security vulnerabilities) and solutions (including security patches) through email, fax, or other written forms.
  • (3) When the Partner releases information about security issues (including security vulnerabilities) of Products and/or services to the public, the Partner must notify HUAWEI CLOUD through email, fax, or other written forms 72 hours in advance and notify HUAWEI CLOUD of the solutions (including security patches) through formal release channels.
  • (4) The Partner shall perform security management on employees in key security positions, including but not limited to signing security agreements with employees, conducting security training, reviewing and improving employees' compliance with security regulations, and rectifying discovered risks.
  • (5) The Partner shall keep detailed security process records during R&D and other phases to ensure the traceability of the process. If the Product and/or service of the Partner contain logs, access to the logs shall be controlled. In no circumstance shall the log be modified or deleted.
  • 5 Liabilities
  • Any breach of the regulations in this document is deemed as a substantial breach of this Agreement. HUAWEI CLOUD is entitled to take part or all of the following measures unilaterally if the Partner violates the provisions of this Agreement without depriving HUAWEI CLOUD's rescue measures based on the Agreement and/or related attachments signed by both parties:
  • (1) Require the Partner to correct the behavior that does not comply with this Agreement at its own cost within a reasonable period specified by HUAWEI CLOUD until the requirements of this Agreement are met.
  • (2) Require the Partner to compensate HUAWEI CLOUD for all losses, including but not limited to expenses paid by the supplier due to actions that breach this Agreement, legal fees, lawyer's charges, and compensations claimed by the Customer.
  • (3) Require the Partner to compensate for the following claims, losses, expenses, and costs incurred by the Partner's violation of this Agreement, including:
    • i Actual losses of any third party (including but not limited to Customers and End Users) due to deliberate actions or negligence of the Partner or Partner's personnel.
    • ii Claims by End Users according to the relevant laws and regulations, including revised, replaced, compiled, or republished versions, such as Law on Protection of Consumer Rights, Product Quality Law, Tort Liability Law, and Regulation of the PRC on Telecommunications.
  • (4) Terminate the cooperation relationship with the Partner and unilaterally dissolve the HUAWEI CLOUD Marketplace Cooperation Agreement and/or HUAWEI CLOUD Marketplace Cooperation Management Regulations.
Appendix 2: Declaration Table of the Open-Source Software List

List of Open-Source Software Used in Products

No.

Name of Licensed Software with Open-Source Software

Name

Version

Website

License Name

Usage Description

Whether and How to Perform Open-Source Software Obligations

1