1. Definition
(1) “Advertisement Budget” means a upper limits of usage fee for the Service
(2) “Advertisement Publication Period” means a publication period of Partner’s Advertisements in the Service.
(3) “Application” means an application form for the Service
(4) “General Terms and Conditions” means the General Terms and Conditions of LINE Services for Business Partners (https://terms.line.me/line_GENERALTERMSANDCONDITIONS_LTL?lang=en).
(5) “Company” means LY Corporation and its affiliates designated by LY Corporation (hereinafter collectively referred to as the "Company").
(6) “Guideline” means guideline determined by the Company, including but not limited to Guideline of LINE POINTS Ads.
(7) “Inquiries” means an inquiry, claim, request for compensation of damages, or other demand from a third party, including a User, related to the Partner’s Advertisements.
(8) “Licensed Rights” means the license to use the Materials in the Service (including but not limited to the license to copy, translate, adapt, modify, publicly transmit, and license to use the marks relating to the Partner’s Advertisements (including the Partner’s registered trademark) to the extent necessary for and in the territory and for the duration necessary for providing the Service.
(9) “LINE Service” means the app, titled “LINE”, provided by the Company.
(10) “Material” means image and/or text necessary for placing the Partner’s Advertisements in the Service.
(11) “Partner’s Advertisements” means advertisements for the Partner’s products or services.
(12) “Partner” means a business entity which has excused an agreement with the Company to use the Service.
(13) “Performance” means a completion of a certain action or actions required to obtain LINE POINTS.
(14) “SDK” means software that the Company requests the Partner to integrate into the Partner’s app.
(15) “Service” means LINE POINTS Ads service.
(16) “Specific Terms and Conditions” means Specific Terms and Conditions of LINE Services for Business Partners "LINE POINTS Ads".
(17) “User” means an end user of LINE Service.
2. Applicability of the Terms and Conditions
(1) This Specific Terms and Conditions are set forth as the “specific terms and conditions” provided in Article 3.1 of the General Terms and Conditions. This Specific Terms and Conditions will apply to the Partner during its use of the Service, which is provided to the Partner as advertised merchandise in LINE Service.
(2) The details of the Service, such as usage fees for the Service, service period and other relevant conditions, are subject to descriptions in (i) a media guide or an alternative material that the Company or its agent will separately provide with the Partner, (ii) the Guideline and (iii) an Application.
(3) Terms and conditions described in the General Terms and Conditions, a media guide, the Guideline and Application will apply along with the Specific Terms and Conditions during the Partner’s use of the Service. In the event of any discrepancy among these, precedence will be taken in the following order; Application, the media guide, the Guideline, the Specific Terms and Conditions and the General Terms and Conditions.
3. Contents of the Service
(1) The Service are the service for publishing advertisement, in which a Partner’s Advertisement is placed on LINE Service, and, when a User completes a certain action or actions on or out of LINE Service in respect of the Partner’s Advertisements, the Partner grants a User a right to receive LINE POINTS which are available on LINE Service and other services operated by the Company’s business partners, and the Company gives LINE POINTS to a User who exercises the said right.
(2) The Company does not guarantee the occurrence of any Performance in respect of the Partner’s Advertisements.
(3) The Company does not expressly or impliedly guarantee that the Service are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights).
4. Permission for Use of Partner’s Advertisements and Representations and Warranties
(1) The Partner shall, before the date referred to in the Application or mutually agreed on by the Company and the Partner, provide the Company with Materials in accordance with the standard and format determined by the Company. The Partner may use the Company’s characters on a certain specific service in the Service. To use the Company’s characters, the Partner shall obtain a prior Company’s written permission and use them in accordance with the Guideline.
(2) The Partner shall be responsible for obtaining appropriate clearance for all rights and relations regarding all its merchandises, Partner’s Advertisements and Materials. The Partners shall grant to the Company the Licensed Rights.
(3) The Partner represents and warrants the followings. In the event that the Company receives any complaints or claims or is suited by a third party, including a User, due to a breach of the representations and warranties by the Partner, the Partner shall resolve these complaints, claims or lawsuits at its own responsibility and expense, and indemnify and hold the Company harmless against the said complaints, claims or lawsuits.
a. A person who applies for the Service has a duly authorized to apply for the Service to the Company.
b. Materials does not infringe any third party’s rights (including but not limited to copyrights, moral rights, patents, trademarks, design rights, utility model rights, trade secrets, fame, portrait rights, privacy, publicity rights, moral right of performer).
c. The Partner has appropriate rights to grant the Company the Licensed Rights.
d. The Partner’s product or app, the Partner’s Advertisement and the Material are subject to laws and ordinances, and orders and/or requests issued by the courts, the relevant government agencies, the relevant regulation agencies and/or the relevant self-regulatory organization.
(4) In placing Partner’s Advertisements, the Partner must comply with the “Advertisement Publication Standard” separately determined by the Company. The Partner hereby agrees that the Company may modify the terms of the Advertisement Publication Standard without prior notice to the Partner.
(5) If an act of the Partner falls under the prohibited acts listed in the Advertisement Publication Standard or the contents of the Advertisements placed on the Service are different from those submitted to the Company beforehand, the Company may refuse or terminate the placement of the Partner’s Advertisements, and will not liable for any damages caused by such refusal or termination.
(6) If the Partner receives any Inquiries from a third party, including a User, related to the Advertisement, the Partner shall, without delay, give the Company a written notice, including emails, and shall deal with the Inquiries in good faith. Provided, however, that if the matter of Inquiries is attributable to the Company, the Company will cooperate with the Partner to the extent necessary for resolving such Inquiries.
(7) The Company will not be obliged to return the Partner’s Advertisements or the Material provided by the Partner. The Company may destroy the Partner’s Advertisements and the Material that are no longer necessary to be kept by the Company. Provided, however, that this may not apply if the Partner and the Company agree otherwise.
(8) When the Partner receives the provision of personal data from the Company, the Partner shall take measures to comply with the Eight Principles under the OECD Privacy Guidelines regarding the handling of such personal data.
(9) When the Company receives personally referable information from the Partner, the Company will obtain the principal’s consent and then link such personally referable information with the personal data held by the Company in order to give LINE POINTS.
5. Usage Fees
(1) Usage fees for the Service will be determined based on descriptions in the Application. If the Application does not refer to usage fees, usage fees will be determined based on a media guide provided to the Partner. Unless otherwise referred to in the Application, the detailed terms of usage fees, including but not limited refund and cancelation, will be subject to the media guide.
(2) The payment method of usage fees, including but not limited to prepayment and deferred payment, will be subject to the terms in the Application accepted by the Company. In the event that the said Application does not refer to a payment method, it will be subject to the media guide provided to the Partner. If neither the Application nor the media guide refers to a payment method, the Partner shall pay usage fees in accordance with the General Terms and Conditions.
(3) In the event that any of the following items is fulfilled, the Company will terminate the placement of the Advertisement:
(i) When usage fees reaches the Advertisement Budget;
(ii) When the occurrence of the Performance reaches the maximum amount; or
(iii) When Advertisement Publication Period expires.
(4) There may be cases where usage fees that exceeds the Advertisement Budget are incurred after the termination of the Partner’s Advertisements as provided in Article 5(3) above, depending on the activities of the Users. In such situation, the Partner shall be obliged to pay for such extra usage fees.
6. SDK
(1) When the objective of the Partner’s Advertisement is to have Users install the Partner’s app to User’s terminal devices, there may be cases where the Partner will need to integrate SDK to the Partner’s app.
(2) In the case where the Partner uses SDK provided by a third party, the Partner shall use the SDK in accordance with terms and conditions set forth by the said third party.
(3) In the case where the Partner uses SDK provided by the Company, the followings are applied.
(i) The intellectual property rights and all other rights related to the SDK will be retained by the Company. The Company, upon providing the SDK, will grant to the Partner a non-exclusive and non-transferable license to use the SDK for the limited purpose of using the Service.
(ii) The license regarding the use of the SDK will be valid for the period during which the Service Agreement in respect of the Service between the Company and the Partner is valid. When such Service Agreement expires or terminates, the license regarding the use of the SDK will also expire or terminate.
(iii) The Partner shall not modify nor reverse engineer SDK.
(iv) The Partner shall not disclose, distribute, sell, lease, transfer or sub-license SDK to a third party.
(v) 6(3)(iii) or 6(3)(iv) will not apply when the Company separately designates or permits to do activities provided in the said clauses.
(4) The Company will not be liable for the following.
(i) Partners damages caused by the Partner’s use or non-use of the SDK.
(ii) Partner’s or User’s damages caused by the failure of launching the downloaded app due to User’s environment.
7. Elimination of the Inappropriate Performance
(1) The Company will automatically eliminate any inappropriate occurrence of Performance in accordance with the Company’s criteria.
(2) The algorithm used in the aforementioned elimination system will not be disclosed to any third party including the Partner, as the disclosure of the algorithm may result in or trigger inappropriate occurrence of the Performance.
(3) The Company will not grant LINE POINTS to a User who took or are deemed to have taken inappropriate actions to obtain LINE POINTS.
8. Others
(1) Article 7.3 of the General Terms and Conditions will be replaced by the following;
The Company is not liable for any Partner’s damages incurred during any interruption or suspension of the Service due to force majeure such as fire, electric outage or natural disaster, or network or system failure, or Article 4 or 5 hereof. The Company has no obligation to send a prior notice to the Partner regarding the interruption or suspension of the Service.
(2) The date and time referred to in the Service is date and time in Taiwan unless otherwise specified.
(3) The Specific Terms and Conditions are stipulated in the English language.
End
Enacted on April 25, 2016.
Last update on Sep 25, 2023