Terms of Use

Welcome to Ecomobi!

Thank you for your interest in our Program.

By clicking “I agree”, you acknowledge that you havea carefully read the following General Terms and Conditions (hereinafter referred to as “GT&C”), understand these terms and conditions and voluntarily agree to become a Creator, be bound by the terms and conditions below and participate in the Ecomobi Program. GT&C stipulates rights and obligations of Ecomobi, Buyer and when participating in the Ecomobi Program.

The Application form with GT&C will form the complete framework agreement between you and Ecomobi, effective from the date Ecomobi approves your enrollment (the “Agreement“).

Ecomobi reserves the right to amend and supplement GT&C at any time and these modifications and additions will be published on the Website. Any amendment or supplement will be effective immediately from the time of publication.

By clicking “I agree”, Creator declares and commits to Ecomobi that:

If the Creator is an individual, Creator must be over 18 years old and has the legal capacity to conduct legal transactions of himself or herself;

If Creator is minor or the legal age for giving consent hereunder pursuant to the applicable laws in your country, Creator must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to the terms of this agreement.

If the Creator is a legally established entity and operating under the laws of country or territory where it is located;

The Creator has full power and authority to enter into the Agreement;

The Creator is the owner of, or is legally authorized to act on behalf of the owner of, the Creator’s Media;

The Creator is the editorial decision maker in relation to the Creator’s Media on which the Advertising Materials are placed and the Creator has control over the way in which the Advertising Materials are placed on the Creator’s Media;

Ecomobi has never previously terminated or otherwise disabled an Account created by the Creator due to the Creator’s breach of the Agreement or due to invalid activity;

Entering into or performing the Agreement will not violate any agreement the Creator has with a third party or any third-party rights; and

All the information and documents provided by the Creator to Ecomobi are correct, sufficient, lawful and current.

ARTICLE 1: DEFINITIONS AND INTERPRETATION

1. Definitions

Unless being defined or referred to in other terms herein or the context otherwise requires, the following capitalized terms will have the meanings as follows:

Program: Any program hosted by Ecomobi which allows the Creator who meets the conditions of participation to open Accounts and provide services for buying and selling goods approved by Ecomobi to trade on Ecomobi’s website, advertising services and any other services accepted by Ecomobi. In these GT&C this term will be referred to as “Program”.

Accounts: The accounts opened by the Creator on the Website of Ecomobi. When Creator participates in the Program, Creator reserves the right to open different Accounts to participate in different programs of Ecomobi if Creator meets the conditions of participation. Each Creator has one account providing Goods Buying and Selling Services.

Account Balance: A feature that supports the recognition of money related to transactions between Creator and Buyer. Total recognized value, minus the expenses paid to Ecomobi, will be shown in the Account Balance section. Each account providing the Goods Buying and Selling Service has one (01) Account Balance.

Buyer: An individual or entity buys goods and services of Creator on the website of Ecomobi.

Users: Creator and Buyer.

Goods: Products and services provided by Creator on the website of Ecomobi.

Goods Buying and Selling Services: The transaction between Creator and the Buyer, which is responsible for the presentation, display, sale, warranty of the goods and so on by the related parties. Ecomobi does not interfere in the transaction between Creator and Buyer. Ecomobi acts as an intermediary to manage the status of goods and trade between the Creator and the Buyer, unless they express a desire to transact with one another explicitly.

Advertising Service: Services performed by Creator through various forms of advertising, including but not limited to filming, editing, creating Brochures, posting Advertising Materials on Creator’s Media, adding affiliate links , use products, goods and/or services of Ecomobi or Ecomobi’s customers for commercial advertising purposes, participate in events organized by Ecomobi or Ecomobi’s Client.

Advertising Materials: All of materials and media methods used by Creator in the performance of his obligations under this Agreement, including, without limitation to, networking channels, website, advertisements, brochures, banner, pop-up, logo, picture, text, video, landing pages, artwork, platform, active URLs or any product/service information shown in equivalent forms and similar materials….

Gift: Virtual items provided by Ecomobi on the Website, allowing Users to use to evaluate or express their satisfaction with digital content that other Users post or stream directly on Ecomobi’s website.

Business Day: Any day other than Saturday, Sunday and public holiday as stipulated under Singapore labor laws or Local laws of Creator.

Client: An individual or entity entering into an advertisement contract with Ecomobi and whose products/goods and/or services shall be advertised through the Program.

Payment fee: The fees paid to Ecomobi by Creator per successful transaction.

Service fee: The fees the Creator achieves for the participation in the Program and performing advertising activities in accordance with each campaign agreed by the parties in the Addendums.

Approved Service fee: The Service fee approved by Ecomobi after validating and accepting the data.

Payment Value: Total amount that Creator receives from Ecomobi when participating in providing Goods Buying and Selling Services and/or performing advertising activities under the Program. The Payment Value includes Approved Service Fee(s), Gift(s) and bonuses and/or commissions in accordance with Ecomobi’s regulations as notified from time to time.

Payment Date: The date Ecomobi makes payment to the Creator for the Payment Value determined through acceptance and data reconciliation. The Payment Date is determined within seven (07) Business Days after the Creator and Ecomobi confirm the Acceptance Minutes and check the data..

KPI: Key Performance Indicator, means criteria and requirements which are set out by Ecomobi for each advertising campaign and used to evaluate the success of the Creator’s performance, the Creator’s compliance with the Agreement and to calculate the Service fee.

Party: Ecomobi or the User referred individually.

Parties: Ecomobi and the User referred collectively.

Creator: An individual or entity opening Accounts on the Website of Ecomobi and providing goods buying and selling services which is allowed to trade on the website of Ecomobi by Ecomobi and advertising services via different forms of advertising activities, including, without limitation to, creating Advertising Materials, posting Advertising Materials on the Creator’s Media, adding affiliate links, using products/goods and/or services of Ecomobi/ Ecomobi’s Client for reason commercial advertising, joining public events organized by Ecomobi/ Ecomobi’s Client,… and any other form of advertising activities accepted by Ecomobi.

Creator’s Media: All advertising media, including but not limited to networking channels, website, application, platform…or any other media owned by Creator registered to the Program to perform forms of advertising activities, including, without limitation to, creating Advertising Materials, posting Advertising Materials, adding affiliate links, referring products/goods and/or services of Ecomobi/ Ecomobi’s Client… and any other form of advertising activities accepted by Ecomobi. Requirements and conditions applied to the Creator’s Media (if any) shall be set out by Ecomobi for each advertising campaign and stipulated in the KPI of such a campaign.

Sign-Up Form: The sign-up form that is accessible via the Website for registration to the Program of the Creator.

Website of Ecomobi: The online platform provided by Ecomobi which enables the Creator to participate in the Program. Via the Website, the Creator is able to find all necessary information and materials in relation to the Program, including but not limited to: advertising campaigns, KPI, Advertising Materials, Creator’s performance and amount of Payment Fee, Service Fee and Payment Value.

2. Interpretation

Headings of articles and clauses are for convenience only and do not affect the interpretation of these GT&C;

All references to Articles or supporting documents are references to the Articles and supporting documents of these GT&C, unless specific reference is made to the articles or supporting documents of another document or instrument;

Words importing the singular include the plural and vice versa; and

A reference to a Party includes that Party’s lawful successors and assignees.

ARTICLE 2: ACCOUNT

2.1. Each Creator is entitled to open Account(s) on the Websites of Ecomobi to participate in the Program with its own username(s) and password(s) for privacy purposes. Each Creator can only open one Account providing the Goods Buying and Selling Services.

The Creator will not allow third parties to use username and/or password, borrow, delegate or endorse username and/or password to get benefit for third parties. The Creator must acknowledge that Creator shall bear every responsibility for all activities that occur under Creator’s Account, whether or not authorized by the Creator. Ecomobi shall not be liable for any loss or damages arising from Creator’s failure to comply with this provision and shall not be liable for actions taken by others who access Creator’s account.

2.2. The Account is fully activated and approved by Ecomobi only when the Creator has provided all necessary information and documents to Ecomobi as requested. The Creator will be informed thereof.

During the term of the Agreement, if the Creator changes any information or document which was provided to Ecomobi, the Creator must promptly inform Ecomobi in writing and provide Ecomobi with relevant documents. If any problem is popped up because the Creator does not update changes in registered information, the Creator has to solely take responsibility for every damage caused.

2.3. In one of the following cases, Ecomobi is entitled to reject the Creator’s registration. In addition, if after being approved, Ecomobi finds Creator belongs to one of these cases, Ecomobi is also entitled to cancel the registration and terminate the Agreement:

a. The Creator violates the representations and warranties mentioned in the Recital hereof;

b. The Creator or Creator’s Goods or the Creator’s Media is/ are related to activities which are cheat, provision of sexual products or services, multi-level marketing or similar things or content related to political issues, reactionaries, anti-state or any related content; content related to violence, violence, crime and / or acts that incite or encourage violence, incite violence; inciting or encouraging any law violation; content related to the abuse or violence or encouragement of child abuse and / or violence of any kind; tobacco related content, including electronic cigarettes, addictive substances such as drugs, ice, heroin or any related extracts; contents related to advertising hard alcohol or contents that stimulate, propagate and stimulate the consumption of alcohol; content related to pornography, sexually explicit content, content banned from people under 18; content related to the propagation of content or instructions for unauthorized access (hacking) to a computer network, providing viruses, providing cracking software, providing deceptive content or cheat instructions;

c. The Creator joins illegal or anti-social activities;

d. The Creator’s Goods or Media contain contents that infringes intellectual property ownership;

e. The Creator violates any of its obligations under these GT&C;

f. The goods provided by Creator have poor quality, produced illegally, have unknown origin; on the list of goods banned/restricted from trading in accordance with Vietnam law or on the list of goods subject to conditional trading but are unable to provide valid licenses and legal documents required by Vietnam law.

g. The Creator’s Media contain incorrect advertisements or advertisements causing confusion about the business competence, the ability to provide products, goods and services of the Clients, about the quantity, quality, prices, features, designs, package, brand name, kinds, method of service, warranty duration of the advertised products, goods and services;

h. Other cases that are considered by Ecomobi as not suitable.

2.4. If the Creator wants to temporarily suspend the participation in the Program, the Creator can do so at any time by temporarily suspending the Goods on the Website of Ecomobi or the provided service from the Creator’s Media for Ecomobi. The Account will remain accessible should the Creator decide to participate in the Program again in the future, except for the case mentioned in Article 9.1.(e) below.

2.5. The Creator is prohibited from interfering with the Program or trying to access it using a method other than the interface and the instructions that Ecomobi provides.

ARTICLE 3: SCOPE AND METHOD OF COLLABORATION OF GOODS SELLING AND BUYING SERVICES

1. After the Account providing the Goods Buying and Selling Services is activated, the Creator can proceed to upload the Goods to the Website.

2. Ecomobi, at its sole discretion, will approve the list of Creator’s Goods posted for sale on the Website. After posting the Goods on the Website, Creator will be notified of whether the Goods are approved by Ecomobi and allowed to be traded on Ecomobi’s Website. Creator will be responsible for the content, accuracy, truthfulness and legality of the Goods.

3, After the Goods are approved, the Buyer can access the Website and carry out transactions with the Creator. For each successful transaction, the sale money will be transferred to Creator’s Account Balance after deducting all costs Creator has to pay to Ecomobi. The Creator can transfer money in Account Balance to a personal bank account after … days from successful transaction date.

ARTICLE 4: SCOPE AND METHOD OF COLLABORATION OF ADVERTISING SERVICES

4.1. Ecomobi, at its own discretion, shall make a selection of advertising campaigns available to the Creator via the Website.

The Creator shall be informed whether or not it is entitled to control and manage the contents and Advertising Materials during each campaign. Generally, the Creator is solely responsible for the contents, accuracy, truthfulness, and legality thereof. However, in some cases, due to the nature and requirement of the campaign, Ecomobi shall reserve this right of the Creator.

If the Creator has commented on the Program or the Advertising Material developed by Ecomobi (if any) or ideas on how to improve them, the Creator may contact Ecomobi. By doing so, the Creator also grants Ecomobi a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate Creator’s ideas or comments into the Program or the Advertising Material (or third-party software, content, or services), and to otherwise exploit Creator’s ideas and comments, in each case without payment of any compensation.

4.2. After the Account is activated, the Creator may access the Website through the Account to choose the advertising campaign(s) that the Creator would like to participate in. The advertising campaign(s) may be run in either Singapore or abroad. The Creator shall be binding upon the terms and conditions applied to each advertising campaign and all the amendments and supplementations thereof which are stipulated in the KPI.

4.3. Maintenance of the Website can be done periodically or non-periodically by Ecomobi and shall be informed by posting on the Website or emailing to the Creator. The Creator is not entitled to complain about the suspension of the Website operation and/or damages incurred from the maintenance period.

4.4. In return for the Creator’s participation in the Program, the Creator shall receive from Ecomobi the Payment Value in accordance with these GT&C.

The Parties declare that copyrights to Advertising materials (as definitions), which the Creator performs upon Ecomobi request all belong exclusive to Ecomobi during the term and after termination of this Contract.

ARTICLE 5: ASSESSMENT OF CREATOR’S PERFORMANCE

Creator’s performance shall be recorded online by Ecomobi through its own system on a periodical basis. The Creator’s performance shall be considered and assessed only by Ecomobi and/or the Clients, as the case may be.

When requested by the Creator and agreed by Ecomobi, a technical integration can be established between the Website and the Creator’s system to assess the Creator’s performance. In the event of any discrepancy of data between the system of Ecomobi and the Creator, Ecomobi’s data shall prevail. Under no circumstances will data from the Creator’s system be used to measure payable Payment Value.

Creator reserves the right to check Creator’s performance through the online report on Ecomobi’s system. In case of any disagreement, Creator must report to Ecomobi immediately in writing. No claims shall be accepted after data is confirmed by the Parties. Ecomobi reserves the right of final interpretation.

In case the Website is broken due to technical issues, Ecomobi shall have a separate system to record all transactions arising during the breaking period. The data recorded by Ecomobi’s system will be the final ones. The Creator must inform Ecomobi immediately if the Creator cannot use the Website or finds any problem related to the Website.

ARTICLE 6: PAYMENT VALUE AND PAYMENT

Subject to Creator’s compliance with its obligations hereunder, Creator shall be entitled to Payment Value for the advertising services provided herein. Ecomobi shall reserve the right to final interpretation of these payment terms.

In one of the following cases, Ecomobi reserves the right to deduct the Payment Value and other payments (if any) made to the Creator:

Ecomobi does not receive full payments from the Clients as agreed with the Clients. In this case, percentage of the sum to be deducted from the Payment Value shall be equal to the percentage of the sum that are not received by Ecomobi;

Ecomobi has made overpayment to the Creator for the previous payment(s) for any reasons;

Creator fails to provide advertising services on time or does not comply with the agreed requirements causing damage to Ecomobi;

Creator loses or damages the properties sponsored by Ecomobi causing damage to Ecomobi;

Other cases as reasonably decided by Ecomobi.

Ecomobi shall not make Payment Values payouts on and reserves the right to set-off or initiate chargebacks on, invalid transactions. Invalid transactions include but are not limited to:

Fraudulent transactions: Identified manually or by the means of automated fraudulent order check tools used by Ecomobi;

Collusion: Transactions where the Creator is connected to the Clients and/or Visitors;

Canceled transactions;

Returned orders;

Resellers: Orders made with the intention of reselling;

Wrong time performed or incorrect content advertisement;

Other cases considered as invalid by Ecomobi.

The Payment Value shall be paid by Ecomobi to the Creator on the Payment Date after the Creator’s acceptance of the Data Validation Minutes, by cash/bank transfer/e-wallet as per the Creator’s registration with Ecomobi. Relevant expenses regarding the payment such as bank fees imposed by each Party’s bank shall be respectively paid by each Party.

In case Ecomobi can’t transfer into the Creator’s provided account, Ecomobi will send the Creator an announcement. If account information isn’t updated around 1 year, Ecomobi shall be dispensed from payment and the Creator is considered as refusing payment.

The Creator shall be solely responsible for payment of all taxes on the Payment Value. If the payment is subject to withholding taxes, Ecomobi shall deduct such from the payment and pay to the Creator the net amount and upon request by the Creator, Ecomobi shall provide the Creator a certificate or any equivalent document of the taxes withheld.

ARTICLE 7: PAYMENT FEE

Ecomobi applies the Payment Fee to all successful transactions between Creator and Buyer via Ecomobi’s Website. Creator is obliged to pay all Payment Fees and related taxes/fees (including but not limited to value added tax).

At the moment, Ecomobi charges Payment Fee directly on each order and is rounded to the nearest value. The Payment Fee is calculated as follow:

Payment Fee = (Total order value + Shipping fee – Promotion applied (if any)) x …%

After the Buyer successfully receives the Goods, the Payment Fee will be deducted directly on each transaction before the sales money is transferred to the Account Balance of Creator.

ARTICLE 8: GIFT

8.1. Users who are aged 18 (or age of majority in the jurisdiction of the User) or older may purchase an item (Gift) on the website of Ecomobi using the payment method provided by the payment service provider that Ecomobi has built-in and authorized.

8.2. Purchase of gifts is regulated as follows:

The purchase price of the Gift will be displayed at the time of purchase. All charges and payments for the Gift will be made in the currency stated at the time of purchase through the relevant payment method. The User will be responsible for the payment of the purchased Gift. Once the purchase process has been completed, the Gift will be credited to the account of the User.

If the User wishes to adjust the purchase process, please contact Ecomobi at the email address as. However, when purchasing the Gift, the User acknowledges and agrees that Ecomobi will start to provide the Gift as soon as the purchase process is complete and therefore, the right to cancel or withdraw from the agreement to purchase of the User is lost at that point.

If any Gifts are subject to tax in the jurisdiction of the User and the User has not paid the applicable tax to Ecomobi, then the User will be responsible for the payment of such tax and any related penalties or interest to the relevant tax authority.

Gifts cannot be converted into or exchanged for cash, or be refunded or reimbursed by Ecomobi for any reason.

8.3. The User may use the Gift as follows:The Gift can only be used on Ecomobi’s website and cannot be combined or used in conjunction with other programs, except in cases specified by Ecomobi.Users may use Gifts to rate or express their satisfaction with digital content that other Users post or stream on Ecomobi’s website. When a User sends a Gift to another User, the User does so publicly so that other users (including the recipient of the Gift) can see their name, user ID and details. details of Gifts given by the User.

ARTICLE 9: LIABILITIES

9.1. Either Party shall have to compensate the other Party for any damages and/or losses caused by such Party due to the violations of the Agreement.

9.2. Limit of liability of Ecomobi

Under no circumstances will Ecomobi be responsible for the origin, quality, safety or legality of the Goods posted on the Website; the ability to sell Goods of Creator or the ability to purchase and pay for Goods of Buyer.

In no event shall Ecomobi be liable for the issues arising from the transaction between the Creator and the Buyer and/or be liable to Creator or any other person for any damages relating to infringement or for indirect, incidental, consequential or punitive damages, including loss of profit or goodwill, for any matter arising out of or relating to this Agreement.

In any case, the liability of Ecomobi shall not exceed the total of the Service fee paid or payable to the Creator under this Agreement in the 6 (six) months immediately prior to the most recent claim of liability occurring. No further liability on the part of Ecomobi shall exist.

The aforementioned limitation of liability shall also apply to the personal liability of Ecomobi employees, representatives and executive bodies.

ARTICLE 10: OBLIGATIONS OF THE CREATOR

10.1. The Creator is prohibited from creating and/or maintaining websites/applications/platforms that might lead to risk of confusion with the websites/applications/platform of Ecomobi. The Creator shall neither be allowed to mirror said presence nor copy graphics, texts or other content from the Website. The Creator is prohibited from undertaking any measures that may damage or disrupt the functionality of the Website or any measures to allow unauthorized access to data on the Website. The Creator shall avoid creating the impression whether publicly or privately that the Creator’s Media is a project of Ecomobi or that its operator is economically linked to Ecomobi in any way or any other relationship or affiliation between the Creator and Ecomobi that goes beyond the Program and this Agreement. Any use, by the Creator, of materials or content from the Website or its logos or brands shall require Ecomobi’s prior written approval.

10.2. Providing full and accurate valid legal documents of Creator and valid licenses of legal documents of Goods posted on Ecomobi’s website in accordance with the law.

10.3. Posting accurately and completely about the quality, quantity, price, policies (if any) on warranties, accessories of the Goods and other information related to the Goods on Ecomobi’s website. Creator is banned from posting inaccurate or misleading information.

10.4. The price of Goods provided by the Creator will be determined by the Creator at his/her own discretion, except for the price of Goods is fixed by the competent authority. The price of Goods and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Creator shall not charge Buyer such amount additionally and separately.

10.6. The Creator is responsible for paying taxes, customs fees and any other fees required by the law for the Goods posted on Ecomobi’s website.

To the extent permitted by law, Creator agrees that Ecomobi may, in its sole discretion, perform promotional activities to support transactions between Creator and Buyer through discounts, rebates and discounts. discount or refund or through other means. The final price the Buyer needs to pay is the actual price for which the above adjustments have been applied.

10.7. The Creator is prohibited from selling Goods, creating and/or maintaining advertising materials/websites/applications/platforms that might contain contradictory content and/or lead to negatively affect the products/goods/services that Creator has provided advertising services through Ecomobi’s Programs. This provision is applied for a period of 06 (six) months as from the date of performing/posting of the aforementioned services according to this Agreement.

10.8. The use of layers, add-ons, iFrames, pop-up, pop-under, site-under, Auto-redirect advertisements which automatically redirect the user to advertiser websites without the user’s engagement or action (e.g. click, touch), cookie dropping, post view technology, misleading advertisements that result in misleading clicks that display expected content, shall not be permitted and are strictly prohibited.

10.9. The Creator shall remove the Goods posted on Ecomobi’s Website and/or the Advertising Materials from the Creator’s Media without delay if requested to do so by Ecomobi.

10.10. If Ecomobi is sued by third parties on account of the Creator ‘s breach of contractual obligations or on account of the Creator’s violation of a statutory provision in relation to the Agreement, the Creator shall be obliged to indemnify Ecomobi against all third-party claims that are asserted on account of the aforementioned breaches. If, for its legal defense, Ecomobi requires the Creator to provide information or explanations, the Creator shall be obliged to make the same available to Ecomobi within necessary period no later than [03 (three) Business Days] and also to provide reasonable support to Ecomobi in its legal defense.

In addition, the Creator shall compensate Ecomobi for any costs resulting from a claim by third parties on account of the infringement of the aforementioned rights and/or obligations; such costs shall, for example, include lawyers’ fees, court or other dispute resolution costs, particularly costs of independent proceedings for taking evidence, damages and other disadvantages that Ecomobi suffers thereby.

10.11. The Creator shall not itself and shall not cause any third parties in connection with the Creator to use the Program to purchase any product(s)/service(s) with the intention of reselling such product or for commercial use of any kind. The Creator shall not purchase any product(s)/service(s) through the Creator’s own affiliate promotions. For the avoidance of doubt, all transactions detected as being generated in one of the cases above shall be deemed as being brought about through collusion and considered an invalid transaction.

10.12. The Creator agrees to indemnify and defend Ecomobi, its affiliates, agents and Clients from and against any and all third-party claims and liabilities arising out of or relating to: (i) Creator’s breach of this Agreement including any misrepresentation of Creator; (ii) any negligence or willful misconduct of Creator; and (iii) any action or conduct of Ecomobi undertaken pursuant to this Agreement resulting in a third party claim against Ecomobi and due to an act or omission of Creator. Creator agrees that Ecomobi shall have the right to participate in the defense of any such claim through counsel of its own choosing.

10.13. It’s the Creator’s responsibility to comply with terms and conditions applicable to each application store where the Creator’s Media are published. Ecomobi does not warrant or guarantee that use of Ecomobi’s Advertising Material as part of the Creator’s Media will comply with the requirements of any application store’s terms and conditions, and Ecomobi shall have no liability to Creator for any costs, liabilities, or damages incurred to Creator as a result of such noncompliance.

10.14. It’s the Creator responsibility to ensure that the Goods and the Creator’s Media and any material displayed therein comply with all applicable laws, do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights and duties under consumer protection, product liability, or contract theories.

The Creator hereby allow that Ecomobi and/or Ecomobi’s Client shall have the right to refer to the Creator as one of the partners who have ever cooperated with Ecomobi, including but not limited to showing the Creator’s name, brand name, logo, the Creator’s media, re-up the Creator’s Advertising Materials, …. on the website/platform/advertising campaign, … of Ecomobi without does not incur any additional charges. To promote the purchase of the Goods provided by the Creator, the Creator consents to Ecomobi to refer and post the Goods of Creator on third-party websites operated by or in partnership with Ecomobi. This provision is applied during the duration of the Parties cooperation and for an additional 01 (one) year from the date this Agreement terminates.

ARTICLE 11: FORCE MAJEURE

11.1. Events of Force Majeure include without limitation to: (i) changes in policies, laws carried out by competent State authorities, (ii) natural disasters such as floods, tornadoes, earthquakes, storms, tsunamis, etc., (iii) war, vandalization, riot, ebullition, domestic uprising, emergency, martial law, strike, boycott, punishment, embargo, jammed or suspended traffic or other public service, epidemics, etc., (iv) action or omission of any government or competent State authority regarding either Party but not due to such Party’s breaches of laws.

For the avoidance of doubt, the Parties acknowledge and agree that, economic difficulties, the decrease or depression in financial capacity of either Party will not constitute an Event of Force Majeure.

11.2. The Parties will be exempted from responsibility for the lateness in implementing or failure in fulfilling a part or the whole of its obligations under the Agreement if such lateness or failure is caused by any of the Events of Force Majeure.

11.3. When an Event of Force Majeure happens, the Party desiring to be exempted from responsibility in accordance with Article 8.2 above must notify the other Party in writing thereof within 15 (fifteen) days from the date on which the Event of Force Majeure occurs. The notifying Party will carry out necessary measures to reduce or overcome the effect of the Event of Force Majeure as quickly as possible and try to implement its obligations affected by the Event of Force Majeure.

11.4. If any Event of Force Majeure which has been notified occurs for a period of up to 3 (three) consecutive months, the non-affected Party will have the right to convene the other Party to a meeting for discussion and negotiation in order to make suitable decision in favor of the Parties. However, if such an Event of Force Majeure occurs for more than 03 (three) consecutive months, the Parties will unanimously terminate the Agreement.

ARTICLE 12: TERMINATION

12.1. The Agreement shall be terminated, without any advance notice, in one of the following cases:

The Parties mutually agree to terminate the Agreement;

Being required by law;

The registration is canceled according to Article 2.3 hereof;

The Creator does not agree to the amendments and supplementations of these GT&C or other documents entered into with or issued by Ecomobi relating to the Program;

The Creator doesn’t sign up into the Account or doesn’t carry out any Goods Buying and Selling Services on Ecomobi’s Website or doesn’t have any Advertising Material which is posted or clicked around over 01 (one) year;

Force Majeure as stipulated in Article 8 hereof;

Either Party violates provisions hereof and does not overcome such violation within 30 (thirty) days upon receiving the written notice from the other Party;

Each Party unilaterally terminates this Agreement.

12.2. The Payment Values will be counted till the date of termination notice.

However, if the Agreement is terminated due to the Creator’s cheating, Ecomobi is entitled to, at its own discretion, reject to pay all or part of the Payment Value.

12.3. Within 30 (thirty) Business Days from the termination date, the Parties will complete all the obligations hereunder and the Account of the Creator will be deactivated.

12.4. Following termination of the Agreement, the Creator shall, without being requested to do so, immediately delete all information, and documents received by the Creator during the validity term of the Agreement. The Creator shall have no right of retention in this respect. The Creator shall, at Ecomobi’s request, provide Ecomobi with written confirmation of the deletion.

12.5. Upon termination of this Agreement, all rights and obligations of the Parties will be extinguished except for matters that expressly or by their nature are intended to survive including, without limitation, limitations of liability, confidentiality, and intellectual property.

ARTICLE 13: CONFIDENTIALITY

13.1. Confidential information shall be any information and documents belonging to the respective other Party that has been marked as confidential or can be regarded as confidential based on the circumstances. This shall include but not limited to: (i) Any information made in written, recorded, graphical or other tangible form and marked “Proprietary” or “Confidential” or with a similar legend denoting the disclosing party’s proprietary interests therein; (ii) Any information made in oral form and identified by the disclosing party as proprietary or confidential at the time of oral disclosure, with subsequent confirmation in writing within 30 days of such disclosure; (iii) Any information of apparent proprietary or confidential nature; and (iv) Any other information that should be reasonably recognized as confidential information of disclosing party. Confidential information need not be novel, unique, patentable, and copyrightable or constitute a trade secret in order to be designated confidential information.

13.2. None of the Parties has the right to reveal the confidential information to third parties unless getting written approval from the non-disclosing Party. The Creator, in case of being an entity, shall disclose confidential information only to those employees for the purpose of implementing this Agreement, and not for any other purposes. The Creator shall oblige to tell their employees to maintain secrecy in respect of the confidential information during and after their activity. Notwithstanding the foregoing, the confidential information could be disclosed due to the following reasons: (i) To comply with the mandatory provisions of laws; (ii) The information is in the public domain, other than through a breach of this clause; (iii) For the purposes of any arbitration or legal proceedings arising from this Agreement; and (iv) To any governmental authority at their request.

13.3. Confidential information shall not include information which the receiving Party can show through written evidence: (i) that is or becomes part of the public domain through no act or omission of the receiving Party; (ii) that is lawfully received by the receiving Party from a third-party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving Party of any breach of fiduciary duty, or (iii) that the receiving Party had in its possession prior to the date of this Agreement; or (iv) that is independently developed by the receiving Party without use of, or reference to, the confidential information of the disclosing Party.

13.4. Upon termination of this Agreement, or upon written request by Ecomobi, Creator must destroy or return to Ecomobi any confidential information provided by Ecomobi under this Agreement. The non-disclosure shall apply for an unlimited period beyond the term of this Agreement.

ARTICLE 14: MISCELLANEOUS

14.1. Independent contractor

Ecomobi and the Creator are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise or sales representative relationship between the Parties.

14.2. Subcontract

The Creator shall not subcontract any of its rights or obligations under this Agreement without prior written consent of Ecomobi.

14.3. Severability

Should any individual provisions in these GT&C be invalid or unenforceable, this shall not affect the validity of the other provisions. The Parties shall endeavor to replace the invalid or unenforceable provision with one that best meets the contractual objective in legal and economic terms. The same shall apply in the event of a lacuna.

14.4. Assignment

The Creator may not assign any of its rights, duties or obligations under these GT&C to any person or entity, in whole or in part, and any attempt to do so shall be deemed void and/or a material breach of these GT&C.

Ecomobi may assign any of its rights, duties or obligations under these GT&C and the Agreement without the Creator’s consents.

14.5. Waiver

No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof.

14.6. Entire Agreement

This Agreement constitutes the complete and exclusive statement of all mutual understandings between the Parties with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understanding, oral or written.

In case of any discrepancy between these GT&C and the Website, these Agreement shall prevail.

14.7. Notice

All notices shall be in writing and shall be deemed to be delivered when received by e- mail. All notices to Ecomobi shall be sent to info@Ecomobi.com, and all notices to Creator shall be sent to the email address supplied by Creator at registration, or to such other address as either Party may, from time to time, designate by notice to the other Party.

14.8. Governing Law and Dispute Settlement

The Agreement shall be governed and construed under the law of where Ecomobi’s legal entity participating in this Agreement is located.

Any disputes arising out of or relating to a transaction on Ecomobi’s Website shall be attempted to be settled through good faith negotiations between Creator and Buyer. Creator is responsible for compensating Buyer for damage if it is proved that the damage belongs to Creator.

The Creator and Buyer understand and agree not to initiate legal proceedings or claim against Ecomobi regarding the issue arising out of or relating to a transaction on Ecomobi’s Website between Creator and Buyer.

Any disputes arising out of or relating to the execution of this Agreement or the breach, termination, or invalidity thereof shall be attempted to be settled through good faith negotiations between the Parties during a period of up to 30 (thirty) days or such longer period to which the Parties may agree.

Any Party may, by giving the other Party written notice at any time after the expiration of the 30 (thirty) day period referred to above, submit any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Vietnam International Arbitration Center (“VIAC”) with its arbitration rules in effect at the time of applying for arbitration.

The place for arbitration shall be Hanoi, Vietnam. The number of arbitrators is one unless the Parties agree otherwise. If the Parties fail to reach agreement on having only one arbitrator, an arbitral tribunal consisting of three (03) arbitrators shall be responsible for making a decision. The arbitration proceedings shall be conducted in Vietnamese or English. The non-prevailing Party shall be entitled to all fees and costs (including reasonable attorney fees) for conducting the arbitration and enforcing the award. The decision of the arbitrator shall be final and binding upon the Parties.

ARTICLE 15: ADDITIONAL CLAUSES

If the Creator chooses to implement any advertising campaign, the Creator also agrees to the additional terms and conditions, or relevant policies, which are issued by Ecomobi from time to time.