Legal Clauses

HUAWEI CLOUD Referral Rules

HUAWEI CLOUD Referral Rules

The HUAWEI CLOUD Referral Rules (hereinafter referred to as the "Rules") defines the basic rules governing how HUAWEI CLOUD ("Party A") and you ("Party B") will conduct joint promotions and how you should be rewarded in accordance with the results of your promotions.

  1. Qualification: Participation and Exit

    1. Party B's HUAWEI CLOUD account has not completed real-name authentication (based on the name on the credit card associated with the HUAWEI CLOUD account used by Party B).

    2. Party B is a Huawei employee, a subcontractor with Huawei, or a family member of a Huawei employee or subcontractor.

    3. Party B violates the Rules or the HUAWEI CLOUD Customer Agreement or related documents signed with Party A.

    4. Party A reasonably believes that Party B has taken part in fraudulent behavior, made inappropriate statements, or used inappropriate means to obtain incentives.

    5. Party A decides to terminate the promotion program in whole or in part.

    6. Other situations where Party A reasonably believes that it is necessary to cancel or terminate the qualification of Party B.

    7. Complete real-name authentication for HUAWEI CLOUD accounts and meet the spending requirements stated by the Rules and the official website of HUAWEI CLOUD.

    8. Agree to abide by the Rules.

    9. Have registered in one of the following countries or regions: Thailand, Indonesia, Philippines, Malaysia, Hong Kong Special Administrative Region (SAR), Macao SAR, Singapore, Cambodia, India, Myanmar, Bangladesh, Japan, Vietnam, Republic of Korea, Nepal, Laos, Sri Lanka, Brunei, Maldives, Papua New Guinea, and Tonga.

    1. Users of HUAWEI CLOUD (excluding channel accounts, channel sub-accounts, and/or the accounts in the state that HUAWEI CLOUD considers as ineligible) can participate in HUAWEI CLOUD joint promotions by accepting the Rules online on HUAWEI CLOUD official website. Users must:

    2. The qualification of Party B for the HUAWEI CLOUD Incentive Program will be canceled or terminated in any of the following situations:

    3. If Party B intends to rejoin the promotion program after exiting, Party B must undergo the procedures prescribed by HUAWEI CLOUD again. HUAWEI CLOUD reserves the right to reject such requests for re-entry before a predetermined period of time elapses.

  2. Establishment, Change, and Termination of the Promotion Partnership

    1. The promotion relationship has lasted for 90 calendar days since the establishment of the relationship.

    2. Party B's qualification for joint promotion is cancelled due to any situation listed in item 1 (b) of the Rules.

    3. Party B violates the Rules or the HUAWEI CLOUD Customer Agreement or related documents signed with Party A.

    4. Other situations where HUAWEI CLOUD determines that the promotion relationship shall be terminated.

    5. The recommended user was invited by HUAWEI CLOUD sales personnel, a HUAWEI CLOUD partner, or a HUAWEI CLOUD authorized sales center.

    6. The recommended user has already made payments before.

    7. The recommended user and Party B are identified as the same user by Part A's system.

    8. Any situation where the qualification of Party B should be canceled or terminated for specific reasons, including but not limited to the change of the account type before the payment or the reward calculation cycle, such as the change of an account to a channel account, channel sub-account, NA account, or internal account.

    9. Other situations where HUAWEI CLOUD reasonably believes that the promotion partnership cannot be established.

    1. The promotion partnership between you (Party B) and HUAWEI CLOUD (Party A) is established when a recommended user clicks your exclusive promotion link and registers on your exclusive promotion page.

    2. The promotion partnership between Party A and Party B is invalid in the following situations:

    3. Unless otherwise specified in the Rules, the promotion relationship between Party B and the recommended user shall be terminated in the following situations:

  3. Representations and Warranties

    1. Reviewing the qualification, the validity of the promotion partnership, and the compliance of the promotion actions of Party B, and, based on the results of the review and prudent judgment, taking appropriate measures to handle non-compliance, if any.

    2. If HUAWEI CLOUD finds any abnormality in the promotion activities of Party B (for example, Party B generates a large amount of abnormal transaction data within a short period), HUAWEI CLOUD has the right to suspend part or all of the cooperation with Party B. HUAWEI CLOUD has the right to further evaluate the situation and take appropriate measures as needed.

    3. If HUAWEI CLOUD finds that Party B and the recommended user share the same account or are the same person, HUAWEI CLOUD has the right to take one or more actions including but not limited to giving warnings, suspending or canceling the rewards issued to Party B, canceling abnormal transactions, voiding illegal transactions, recovering redeemed rights, freezing functions, in whole or in part, of Party B's account, freezing functions, in whole or in part, of the HUAWEI CLOUD account of the recommended user in collusion with Party B, and disqualifying Party B.

    4. If HUAWEI CLOUD discovers any violations by Party B, HUAWEI CLOUD has the right to take one or more actions including but not limited to giving warnings, suspending or canceling the rewards issued to Party B, canceling suspect transactions, voiding illegal transactions, recovering redeemed rights, freezing functions, in whole or in part, of Party B's account, freezing functions, in whole or in part, of the HUAWEI CLOUD account of the recommended user in collusion with Party B, and disqualifying Party B from the promotion partnership.

    5. Collusion with other parties to defraud HUAWEI CLOUD.

    6. Exploiting system faults or loopholes to increase promotion gains.

    7. Transfer or selling of the coupons, flexi-purchase coupons, or other rewards issued by HUAWEI CLOUD to third parties, or seeking of illicit benefits in other ways.

    8. Other similar behaviors.

    9. Comply with all applicable laws, regulations, and other regulatory documents.

    10. Comply with the agreements published and displayed on Party A's official website (https://www.huaweicloud.com/intl/en-us/declaration/sa_cua.html), as well as the regulations and requirements in the agreements on promotion partnership, including but not limited to Acceptable Use Policy and HUAWEI CLOUD Customer Agreement.

    11. Not violate public interests or undermine public order.

    12. Not harm or undermine the legitimate rights and interests of states, societies, and collectives.

    13. Unauthorized use of the logos or domain names of HUAWEI CLOUD, HUAWEI CLOUD affiliates, or HUAWEI CLOUD partners, or any logos that resemble those of the aforementioned parties;

    14. Plagiarism, copying, and imitation of the page style of HUAWEI CLOUD's official website, in whole or in part;

    15. Releasing or reposting HUAWEI CLOUD information without the written consent of HUAWEI CLOUD;

    16. Other misleading behavior that may cause Party B to be mistaken for HUAWEI CLOUD or a HUAWEI CLOUD employee, affiliate, partner, or authorized sales center;

    17. Other similar behaviors.

    18. Making false statements about or exaggerating HUAWEI CLOUD promotion policies and rewards;

    19. Establishing forced or unauthorized promotion relationships with third-parties, for instance, by installing web page plug-ins, executable code, and so on;

    20. Unauthorized changes to coupons, flexi-purchase coupons, or other rewards issued by HUAWEI CLOUD; or associating rewards with third-party products or services, causing users to confuse third-party products or services with those of HUAWEI CLOUD;

    21. Violations of applicable laws and regulations;

    22. Other inappropriate promotional actions that infringe on the user's right to know and right of choice.

    1. Party B shall use appropriate means (such as an exclusive promotion link) to promote HUAWEI CLOUD products and services within the scope of HUAWEI CLOUD's authorization. Fraudulent promotions are not allowed, including but not limited to:

      If Party B performs any of the aforementioned illegal and/or inappropriate promotional actions, HUAWEI CLOUD reserves the right to deem the results of these promotion actions as invalid.

    2. Party B shall not carry out any promotional events on their website, platform, or other promotional channels under the official name of HUAWEI CLOUD, including but not limited to:

    3. When organizing promotional events, Party B shall:

    4. Party B shall not engage in or attempt to perform any act that may undermine HUAWEI CLOUD's normal, fair trading relationships, interests, and order, including but not limited to:

    5. HUAWEI CLOUD reserves the right to review the compliance of Party B's promotional events and to respond as appropriate to any areas of noncompliance. The review includes, but is not limited to, the following:

  4. Determination of Promotion and Rewards

    1. If Party B is found to have violated the Rules or other regulations of HUAWEI CLOUD, HUAWEI CLOUD has the right to refuse to issue rewards to Party B or to withdraw rewards that have already been issued to Party B.

    2. Party B shall provide valid bank accounts to Party A, and Party A shall protect the information provided by Party B in accordance with the HUAWEI CLOUD Privacy Policy.

    3. They must have made their first purchase within 90 calendar days of registering with HUAWEI CLOUD after Party B's recommendation.

    4. They cannot have only purchased prepaid cards or have applied for refunds.

    5. If the products purchased by the recommended users, or the events that the recommended users participate in, are not covered by the cooperation promotion reward policies, the recommended users who purchase only the promoted products will not be counted as new paying users.

    6. They cannot have paid orders that have been refunded, in whole or in part, due to returns or unsubscriptions.

    7. The payment amount is the total amount that a user successfully recommended by Party B has paid for specified HUAWEI CLOUD products within 90 calendar days of the user's registration with HUAWEI CLOUD.

    8. The payment amount does not include the amounts of coupons, flexi-purchase coupons, and other non-cash consumptions, and does not include refunds.

    9. If the products purchased by recommended users, or the events that the recommended users participate in, are not covered by the cooperation and promotion reward policies, the promoted products purchased by the recommended users will not be counted as part of the payment amount.

    10. The amounts of recommended users' orders deducted from the payment amount, in whole or in part, due to refunds, unsubscriptions, or degrading of specifications are not considered to be part of the payment amounts.

    1. The rewards for promotion partners shall be determined based on the number of new paying users acquired and the amounts of payments made by these users.

    2. Criteria for determining the payment amounts of new paying users:

    3. Criteria for determining new paying users:

    4. Rules on promotion rewards settlement

  5. Notifications and Updates

    1. Rules for establishing the promotion partnership.

    2. Detailed rules for the promotion, including the basis for validating effective promotion actions, the calculation method, the time and method of issuing rewards, the settlement cycle, and so on.

    3. Monthly, quarterly, annual, or non-scheduled promotion tasks with rewards, detailed rules for reward activities, punitive measures for non-compliance or fraud, and so on.

    4. Special promotion rules for marketing events on HUAWEI CLOUD's official website.

    5. Other rules related to promotional events.

    1. HUAWEI CLOUD is entitled to formulate and adjust the Rules based on business needs and to issue notifications of such adjustments by means of public announcements on HUAWEI CLOUD's official website and forum. The new or updated rules will be implemented according to the time specified in the notice, including but not limited to:

    2. Party B shall note announcements pertaining to updates to the abovementioned rules. For any objections to the amended rules, Party B may choose to stop participating in the promotional events from the date of the implementation of the updated rules or after the start of the next promotion cycle. If Party B continues to participate in the corresponding promotional events after knowing the rules of the above announcements, Party B shall be deemed to have accepted and agreed to the new promotion rules during the corresponding period of time.

    3. HUAWEI CLOUD will develop relevant reward rules ("event rules") for Party B to participate in the events organized on HUAWEI CLOUD's official website. The event rules shall have independent legal effect with respect to specific cooperation matters. For any content not specified in the event rules, the relevant provisions of the Rules shall apply.

    4. In the event of any inconsistencies between the preceding detailed rules, event rules, and the Rules, the priorities of these rules are as follows: 1) event rules; 2) detailed rules; 3) the Rules.

  6. Definitions and Interpretations

    1. Party B: an individual HUAWEI CLOUD user or enterprise user who voluntarily applies for and obtains HUAWEI CLOUD's consent to participate in various promotional events launched by HUAWEI CLOUD to promote HUAWEI CLOUD products and services to end users. The cooperation and promotion is intended only for individual users and enterprise users of HUAWEI CLOUD, such as webmasters and technology enthusiasts. HUAWEI CLOUD employees, HUAWEI CLOUD partners and their employees, and HUAWEI CLOUD authorized sales personnel are not allowed to participate in the cooperation and promotion.

    2. Promotion partnership: a binding relationship between Party B and HUAWEI CLOUD. A promotion partnership will be confirmed by HUAWEI CLOUD according to the Rules and other relevant regulations after HUAWEI CLOUD confirms the effective promotion actions of Party B according to transactions and other factors of recommended users in promotion relationships with Party B on HUAWEI CLOUD's official website.

    3. HUAWEI CLOUD products and services: the general term for products and services provided on HUAWEI CLOUD's official website at https://www.huaweicloud.com/intl/en-us/.

    4. Promoted products: the general term for all HUAWEI CLOUD products and services made available in promotional events, for which new paying users and payments by such users are counted. HUAWEI CLOUD reserves the right to adjust the scope of promoted products.

    5. HUAWEI CLOUD official website: refers to the website whose domain name is https://www.huaweicloud.com/intl/en-us/.

    6. User: a user who has subscribed to HUAWEI CLOUD products and services through the HUAWEI CLOUD official website.

    7. Same-person account: multiple HUAWEI CLOUD accounts that belong to the same user.

    8. Same user: users determined by HUAWEI CLOUD as belonging to the same entity based on similarities in registration, login, and use. Examples of similarities include the same mobile phone number, same payment account, same device, same IP address, same delivery address, and so on.

    9. First purchase: an action of a user purchasing HUAWEI CLOUD products and services for the first time.

    10. Effective promotion action: a series of actions by Party B to encourage users in a promotion relationship to purchase the promoted products for the first time. Such actions shall comply with the Rules and can bring new paying users and payments.

    11. Cooperation and Promotion Agreement: refers to the Rules and agreements formulated by HUAWEI CLOUD based on market conditions and business policies for different promotion periods (one or more calendar months). It is a collective term of binding documents governing Party B's promotion activities on Party A's behalf.

    12. Upper-level agreement: the general term for the HUAWEI CLOUD Customer AgreementAcceptable Use Policy, and Privacy Statement, by which Party B shall abide when performing various actions using a HUAWEI CLOUD account.

  7. Specifications

    1. HUAWEI CLOUD reserves the right of final interpretation of the Rules to the extent permitted by relevant laws and regulations.

    2. The Rules come into effect on the day Party B accepts them on HUAWEI CLOUD, and they remain valid until the promotion ends.

    3. Party A provides information or materials to Party B on an as-is basis and does not make any guarantees in this regard. Party B understands and agrees that Party A and its suppliers shall not be liable for any losses caused by Party B's use of or inability to use such information or materials. Both parties under the Rules shall be independent entities, and the Rules shall not be deemed as establishing or forming any relationship, franchise, joint venture, agency, representative, or employment relationship between both parties, or between any affiliates, licensors, subcontractors, or employees of Party A and Party B. Unless otherwise agreed in written form by both Parties, neither Party may make any express or implied agreement, warranty, statement, or representation in the name or on behalf of the other Party, or otherwise establish any additional liabilities or obligations.

Honesty and Integrity Agreement

Dear HUAWEI CLOUD user,

Thank you for accepting the Rules and joining the HUAWEI CLOUD Incentive Program. Before we embark on our cooperative endeavor, HUAWEI CLOUD and you agree on the following business conduct guidelines that must be observed during the cooperation.

  1. Honest and Integrity

    Trust and honesty are the foundation for any cooperative endeavor. While dealing with HUAWEI CLOUD, you shall adhere to the principles of honesty and integrity and promise not to engage in any act of dishonesty or fraud. Such obligations for honesty and integrity include, but are not limited to, the following:

    1. Providing truthful and accurate documents, materials, data, and written and oral statements for HUAWEI CLOUD in the eligibility survey, the initiation (if any) and fulfilment of commercial contracts. No false information shall be provided and no important information shall be concealed. Any and all forms of commercial fraud are prohibited.

    2. Strict compliance with the commitments made to HUAWEI CLOUD, HUAWEI CLOUD reward and promotion plan management regulations and promotion rules, and other contracts and agreements signed by both parties. Special attention shall be paid to guarding against any attempts to tamper with data in information systems or breach of contractual obligations for excessive profits.

    3. Proactively declaring whether you are in any way associated with HUAWEI CLOUD or any HUAWEI CLOUD employees (including but not limited to HUAWEI CLOUD regular employees, subcontractors, and consultants), as per HUAWEI CLOUD's requirements.

    4. As a special reminder, you shall clearly note that any written or verbal commitments made by HUAWEI CLOUD employees without the prior written authorization of HUAWEI CLOUD are their personal actions and are not legally binding to HUAWEI CLOUD or you.

  2. Fair Competition and Anti-Bribery

    You undertake to comply with relevant laws and regulations of the People's Republic of China and any other applicable countries prohibiting bribery, kickbacks, corruption, and unfair competition in the private or public sectors, and to comply with the provisions of any applicable international conventions against bribery and corruption.

    To ensure fair competition, you promise not to provide HUAWEI CLOUD employees with, directly or indirectly, any form of improper benefit for the purpose of facilitating the signing and fulfillment of contracts or obtaining commercial benefits and treatment better than any third party or securities interests. Such interests include, but are not limited to:

    You agree that the aforementioned circumstances constitute a material breach of contract. HUAWEI CLOUD is entitled to disclose your breach to any third party or to the public and immediately terminate any agreement entered into with you. HUAWEI CLOUD also has the right to directly deduct the losses and liquidated damages incurred from the payment or cash coupons that should be paid to you. The liquidated damages are 50% of the amount of payment amount or cash coupons that should be paid to you.

    1. Gifts of any kind, including but not limited to gift cards, cash, cash equivalents, discounts, and other property benefits. Cash equivalents include, but are not limited to, cash vouchers or coupons, pick-up coupons, shopping cards, redemption coupons, recharge cards, transportation cards, phone cards, balance top-ups for various phone services, or other recharge cards, and stored value cards that can be used or spent, and other forms of negotiable gift coupons or securities;

    2. Entertainment and hospitality services, including but not limited to karaoke, SPA, foot baths, golfing, commercial performances, traveling, commercial sports events, and luxury dining;

    3. Jobs or business opportunities, including but not limited to employment relations, labor dispatch, outsourcing services, part-time employment, consulting and contractual relationships, and/or any other form of remuneration;

    4. Investment opportunities, for example, holding equities in your own name or on behalf of a third party, with the exception of equities issued through the open securities trading market and less than 5% of the issued shares, funds without actual control through direct or indirect holdings, or shares held through trusts of beneficiaries other than themselves or related persons;

    5. Loans or other benefits.

  3. Validity and Retrospective Effect of This Agreement

    1. You agree that this agreement will be valid upon your entering into cooperation with HUAWEI CLOUD and until the termination of such cooperation. The effect hereof will automatically be traced back to the beginning of the business relationship between the parties whenever you sign this agreement. All businesses of both parties (including those not specified in a written business contract) shall be governed by this agreement.

    2. If you acknowledge in writing to HUAWEI CLOUD that there was a violation of the above agreement before signing this agreement, HUAWEI CLOUD may consider reducing your liability and compensation amount for the breach of the agreement.