Special Provisions for 西部数码 Agents

Published: 2011-03-15

When agents provide services to their customers, they shall strictly comply with the following provisions: 1. The agent's prepayment is performance that must be completed. This prepayment does not support use for domain transactions (domain push, Buy It Now, etc.). If the agent's prepayment has not been fully used, the agent may not request a refund of the remaining prepayment balance. 2. Agents shall not conduct advertising or commercial activities under names such as 西部数码 "office", "regional agent", "general agent", "西部数据", or other names that are monopolistic, exclusive, or otherwise not authorized by 西部数码. Agents shall not engage in any conduct that misleads or causes confusion. Without our company's written permission, no agent may use our company's official information (such as: business license, copyright, ICP, etc.) without authorization to cause others to mistakenly believe that the agent is a subsidiary or branch of 西部数码, an affiliated company, a general agent, or another entity with a substantive relationship. When using the 西部数码 logo, the words "西部数码 agent" must be added. Agents shall not use words such as 西部数码, 西部数码 agent, 西部数码 agent, etc. for paid search engine promotion. 3. The 500M agent platform space provided by 西部数码 to agents may only be used to host the agent platform program provided by our company. Placing any other unrelated programs is prohibited. Otherwise, our company will close your agent platform and delete the related data. If the agent's consumption performance during the valid period of the agent platform is less than 1000 yuan, the agent must renew the platform by itself after it expires. If it is not renewed after expiration, our company will not retain it and will delete it on its own. 4. Agents must jointly maintain the 西部数码 brand and reputation and shall not spread unfavorable remarks or information about 西部数码 on the Internet. Otherwise, 西部数码 has the right to terminate the agency cooperation relationship with the agent in advance. Agent accounts may not be bought or sold. If such behavior is discovered, the agent qualifications of both buyer and seller will be cancelled, their agent accounts will be downgraded to direct customers, and the remaining balance in the accounts will not be refunded. 5. 西部数码 has the right to dynamically adjust the agent level and agent price enjoyed by Party B based on the agent assessment standards and the agent's actual sales situation. If a newly joined agent has no consumption within 6 months and the account balance is 0, the agent level will be cancelled and downgraded to a direct customer. If users under the agent repeatedly complain that they cannot contact the agent, and upon verification the agent cannot be contacted based on the contact information left by the agent's registered users, the agent level will be cancelled and downgraded to a direct customer. 西部数码 has the right to handle normal business raised by users under the agent. 6. Special provisions for each payment made by the agent: http://www.west.cn/news/list3.asp?newsid=35 7. Agents shall properly handle issues concerning management rights for various products between themselves and their customers. If a customer under an agent complains to 西部数码 about product management rights, 西部数码 will forward the complaint from the customer under the agent to the agent for handling. The agent must reply to 西部数码 with the handling result within 3 natural days after receiving the complaint. If no reply from the agent is received, 西部数码 will handle it in accordance with the relevant provisions of upstream management agencies such as ICANN, CNNIC, etc., that is, the purchaser enjoys complete management and use rights over the product. If the agent cannot be contacted due to inaccurate registration information, 西部数码 will handle it in accordance with the relevant provisions of upstream management agencies such as ICANN, CNNIC, etc. 8. When accepting business such as domain transfer, transfer-out, password retrieval, and information modification for customers, agents must handle it strictly in accordance with 西部数码's relevant business processes. If the agent has special agreements with customers when selling business, these must be reflected in paper documents such as contracts and invoices. Otherwise, if the domain owner applies to transfer the management right of its domain to another service provider or member account, and the agent cannot provide valid evidence to prove the reasonableness and legitimacy of restricting the transfer, 西部数码 can only handle the transfer for the domain owner in accordance with the requirements of the domain registry and 西部数码's relevant business processes. 9. If customers under an agent have purchased other services in addition to domain registration (such as hosting, website construction, etc.), the agent must sign a formal purchase and sale contract with the customer, clearly binding the rights and obligations of both parties in the contract. If any dispute arises later, both parties must handle it themselves according to the purchase and sale contract. If a domain owner applies to transfer the management right of its domain to another service provider or member account, 西部数码 will not refuse the domain owner's application to transfer domain management rights because of fee issues between the agent and the customer concerning website construction or other business. 10. If an agent collects domain fees from a customer and registers a domain on the customer's behalf, the agent may not enter the agent's own information as the domain registration information. The true, complete, and accurate information of the end customer must be entered. Only if there is an explicit agreement with the customer and a paper contract is formed may the agent's own information be entered. 11. Domains may not be "subleased". When a customer registers a domain, the ownership of the domain must be clearly defined. If it is the customer's domain, the customer's information must be entered. Agents are not allowed to register a domain themselves and then sublease the domain to a customer for use, charging a so-called domain rental fee. If an individual domain is indeed to be leased to a customer, it must be clearly agreed with the customer in a contract, and the relevant contract materials must be reported to our company's channel specialist for approval. If you already have domain subleasing behavior, please promptly sign a written agreement with the customer to clarify the ownership of the domain and report it to our company. If you are unwilling to do so, please transfer such domains out to another registrar. 12. If an end customer requests to transfer out a domain, the agent shall actively cooperate. If the agent intentionally obstructs and causes the customer to complain to competent authorities such as the Ministry of Industry and Information Technology, Communications Administration, ICANN, CNNIC, etc., our company will force the transfer and impose a fine of 200 yuan or lower the agent by one level. Under the same agent, if users frequently complain about domain issues to competent authorities, 西部数码 will, depending on the circumstances, impose penalties on the agent (including but not limited to) lowering the agent level, closing new registration permissions, cancelling the agent's qualification, terminating cooperation, etc. If a domain is in appeal-locked status, and the agent renews the domain without authorization after our company sends a domain appeal notice, this cannot be used as a reason that the domain cannot be transferred due to unsettled finances. The fee shall be borne by the agent itself. If, after the agent negotiates with the complainant on its own, the complainant agrees to the renewal, an amount equal to the renewal fee paid by the agent will be refunded. 13. The prices for domain sales, transfers, transfer-outs, renewals, etc. conducted externally by agents may not be higher than 3 times the official market price. 14. Agents must, in advance, complete ICP approval/filing, changes, cancellation, and other procedures for all websites running on their servers (if a website is bound to multiple domains, filing approval must be applied for all bound domains), and promptly remind their customers of this. 15. If an agent commits acts of falsification, or guides or assists customers in falsification (including but not limited to the acts listed below), 西部数码 has the right to immediately unilaterally terminate the cooperation agreement signed between the two parties in advance, terminate the agency cooperation, and not refund the prepayment. Any political responsibility and legal consequences arising from such acts shall be borne by the agent itself. If the following acts of the agent (including but not limited to the acts listed below) cause 西部数码 to be penalized by a superior competent authority, the penalty amount and other related responsibilities must be fully borne by the agent. (1) fabricating false customer information; (2) providing false filing information or filing on behalf of customers; (3) buying and selling filed domains for direct use in website operation; (4) fabricating facts, concealing matters, or obstructing 西部数码's normal investigation; (5) other acts that comply with the provisions of Article 19 but are not limited to those listed above. 16. Agents promise that the relevant website filings handled for purchased business are all used for the website operator's own actual website operation. If an agent (and its subordinate customers) uses them to sell or resell filed domains, provide false rapid filing, or otherwise seek profit, 西部数码 has the right to take measures including but not limited to suspending accounts, closing business, requiring the agent to compensate for relevant fines imposed on 西部数码 by competent authorities in related incidents, and reporting to public security organs. 17. Agents promise not to use 西部数码's products or services to engage in any behavior that violates relevant national policies and regulations. The website storage products activated by agents shall strictly comply with the website storage product rules published by 西部数码. 西部数码 has the right to review the content stored by agents and open the service only after review, but 西部数码's review result does not indicate or guarantee the legality of the agent's behavior. 18. In the course of business, agents must develop the market based on the principle of honesty and trustworthiness, and may not use improper means such as misleading or intimidating customers to sell products; they may not use false information or falsely use the name of a registrant or other organization to register domains. During business operations, if we receive more than 3 complaints (including 3) from customers under the agent, and after verification there is fraudulent behavior that seriously affects our company's reputation, we will cancel your agent qualification, shut down the agent platform, and not refund the prepayment. If the impact is serious, we will take legal measures to pursue responsibility and protect our company's lawful rights and reputation. 19. Review the registration applications submitted by domain registration applicants in accordance with the "Measures for the Administration of China Internet Domain Names", and ensure that the domain registration information provided to 西部数码 is true, complete, and accurate, and does not infringe upon the lawful rights and interests of others. 西部数码 has the right to conduct post-registration review. Once it is discovered that domains submitted by agents and their customers violate national or local government laws and regulations, policy requirements issued by ICANN, and industry norms published by domain registration management agencies (including future laws and regulations, policy requirements, industry norms, and 西部数码's relevant management systems), 西部数码 has the right to execute decisions concerning cancellation, suspension, or transfer of the relevant domains upon receipt from a court, domain registration management agency, or domain dispute resolution agency. 20. If third-party complaints arise due to the following but not limited to the following circumstances, 西部数码 has the right to freeze and correspondingly handle domains registered by the agent and member accounts, up to cancelling the agent's qualification: a. Registering a name or mark in which a third party enjoys lawful rights and interests as a domain name; b. Pointing a domain name identical to a name or mark in which a third party enjoys civil rights and interests to a website of a third party's competitor; c. Registering or accepting assignment of a domain name for the purpose of "selling, leasing, or otherwise transferring the domain name to a third party that is the owner of civil rights and interests or to its competitor in order to obtain improper benefits"; d. Registering or accepting assignment of a domain name for the purpose of "preventing a third party from using on the Internet, in the form of a domain name, a name or mark in which it enjoys lawful rights and interests"; e. Registering or accepting assignment of a domain name for the purpose of "damaging a third party's reputation, disrupting a third party's normal business activities, or confusing the distinction between the domain name and a third party, thereby misleading the public"; f. Other malicious circumstances. 21. Registered domain names should be avoided from being identical or sufficiently similar to cause confusion with names or marks in which other parties enjoy civil rights and interests. 22. Registered domain names should be avoided from causing third-party complaints because the registrant does not enjoy lawful rights and interests. 23. Agents manage domains registered on behalf of customers through the member accounts they apply for at 西部数码. At the same time, agents agree that customers have the right to independently choose service providers. If a customer of an agent reasonably requests to transfer the management right of its domain to another service provider or member account, as long as the domain registrant provides complete supporting documents required for applying to transfer the member account and completes relevant procedures in accordance with 西部数码's operating rules, 西部数码 has the right to provide this service. Agents shall not raise any objection to 西部数码 for customer movement caused by such reason, and have no right to require 西部数码 to bear any responsibility. 24. Review the domain registration applications submitted by domain registration applicants; in accordance with the decisions, judgments, or rulings of domain registration management agencies, courts, or domain dispute resolution agencies, agents shall actively cooperate with 西部数码 to cancel, suspend, or transfer relevant domains. 25. When receiving a valid transfer application submitted by the domain owner, agents shall not refuse the customer's transfer without cause. 26. Agents shall ensure that the domain holder information and domain registration information provided to 西部数码 are true, complete, and accurate, and may not alter the customer's registration information without the customer's authorization. Without obtaining the domain holder's change application, agents may not alter the customer's domain registration data without authorization. 27. Transfer, cancellation, and change of registrar for domain names: (1) When the domain holder's transfer application has not been received, agents may not transfer the domain. (2) When the domain holder's cancellation application has not been received, agents may not cancel the domain. 28. During the period when a domain is in judicial proceedings, arbitration proceedings, or domain dispute resolution proceedings, agents may not accept applications from the domain holder to transfer or cancel the disputed domain. 29. Due to financial management accounting period settlement reasons, invoices need to be issued within 60 days after payment; overdue requests will no longer be accepted. For individual agents that need the invoice issued first and payment made later, please contact the Finance Department in advance to explain the situation: 028-62778877-8224 但玫 bill@west263.com. If you did not explain in advance and submitted an invoice using a previous amount yourself, you will face the problem of being required by the system to issue another invoice after payment.