Taibah Cart Affiliate Policy

Temu Influencer Policy

This Temu Affiliate Policy (the “Policy”) is a “Policy” under the Temu Terms of Use (“TOU”). You (“Affiliate”, “you”, “your”, or similar) enter this Policy with the same party with which you entered the TOU (“Temu”, “us”, “we”, or similar). In the event of a conflict between this Policy and the TOU, the terms of this Policy shall control and govern. By signing up on Temu to participate in the Temu Affiliate Program (the “Program”), you agree to the terms and conditions of this Policy, including all attached Exhibits. You agree that we may modify this Policy at any time in our sole discretion by posting modifications on Temu.

Eligibility

To enter the Program, you must be an individual legal resident of Saudi Arabia, at least 18 years old or the age of majority in your jurisdiction, whichever is greater, and of legal capacity to form a binding contract. The Program is only available in designated countries or regions. Changing your country/region on Temu may cause disqualification from the Program. The Program is void where prohibited, taxed, or restricted by law. Employees, officers, and directors of Temu and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, and manufacturers and distributors of Program materials, and their immediate families (parents, children, siblings, spouse) and members of the same household (whether related or not) as such persons are not eligible to participate in the Program. You cannot participate in the Program if it would violate your employer’s policies.

Enrollment

We may accept or reject your application to join the Program in our sole discretion. If we determine for any reason that you are unsuitable for the Program, your application will be rejected. If your application is not accepted, you may reapply to the Program at any time. However, you shall not link to any Temu website or application unless you are approved for the Program.

The Program

Capitalized terms used in the Policy shall have the following meanings

(ⅰ). A “New App User” means a Temu user who downloads and registers with Temu for the first time on the Temu application. Only Temu users who reside in the designated countries/regions as displayed on the Promotion page will be qualified as New App Users.

(ⅱ). A “New Web User” means a Temu user who registers with Temu for the first time on the Temu website. Only Temu users who reside in the designated countries/regions as displayed on the Promotion page will be qualified as New Web Users.

(ⅲ). A “New User” means a New App User or a New Web User.

(ⅳ). “Referral Link/Code” is a unique link/code” we generate for each Affiliate and can be found on the Program page after you join the Program.

(ⅴ). “Affiliate Benefits” means all the rewards, commission, bonus and any other form of benefits you may earn in this Program (including any sub-program and/or campaign), such as Affiliate Cash and/or Affiliate Credit.

(ⅵ). “Affiliate Cash” means the New App User Bonus, the Commission and/or other benefits earned in the Program and issued to your “Affiliate Cash” balance, which will be displayed in your account. Your Affiliate Cash shall be earned and withdrawn subject to the limitations set forth in the attached Exhibit A (Affiliate Cash Terms and Conditions), which Exhibit is incorporated in this Policy.

(ⅶ). “Affiliate Credits” means the credits rewards earned in the Program and issued to your “Affiliate Credits” balance, which will be displayed in your account. Please note that Affiliate Credits, which can only be withdrawn as Temu Credits to your Temu user account, are not transferrable nor redeemable for cash. General rules set by Temu on Temu Credits will apply.

You can earn the Temu commission (“Commission”) on the following purchases (“Qualifying Purchases”) after linking your website, social media account, etc. (“Site”) with your Affiliate account and authorizing Temu to access your Sites as instructed by the Program:

(ⅰ). the first ten (10) purchases made by each New App User within 24 hours of the New App User acquiring New App User status by using your Referral Link/Code. A user will be disqualified as a New App User if the user loses his/her New App User status within the period aforesaid by, for example, uninstalling the Temu application;

(ⅱ). the first one (1) purchase made by each New Web User after the New Web User acquires New Web User status using your Referral Link/Code; or

(ⅲ). as described in any sub-program.

If a Qualifying Purchase is made in a currency different than the currency used to calculate your Affiliate Cash, then the Commission earned by you on such Qualifying Purchase will be converted into the currency used to calculate your Affiliate Cash at the exchange rate displayed on the Program page when such Qualifying Purchase is made. The exchange rates between different currencies will be updated monthly.

You will also get a bonus for each New App User acquiring the New App User status by using your Referral Link/Code (“New App User Bonus”). The New App User Bonus will be pending in your account after each New App User acquires the New App User status by using your Referral Link/Code, which is not withdrawable until the same New App User makes the first Qualifying Purchase and the all the items in such Qualifying Purchase have been shipped. If any New App User fails to make a Qualifying Purchase, the New App User Bonus will be canceled by Temu.

The rates of Commission (“Commission Rate”), the amount of New App User Bonus and any other Affiliate Benefits you may earn on Temu users residing in different countries/regions may be different. The detailed rules will be displayed on the Program page and/or stipulated in any sub-program/campaign rules.

If a Qualifying Purchase is cancelled, refunded, or returned, whether partially or in full, the Commission on such purchase may be canceled and forfeited. If such Commission has been withdrawn by you, Temu is entitled to get a refund of such amount from you.

Affiliates Who Earn Money from a Coupon Website

Notwithstanding anything to the contrary herein, if you indicated that you earn money from a coupon website during the Program registration process, then you will not receive any New App User Bonus and Commission defined under this Policy. Instead you will earn Affiliate Cash commissions of % on all purchases on the Temu website and in the Temu application made by New Users within 24 hours of the New User acquiring New User status by using your Referral Link/Code. For the avoidance of doubt, a “coupon website” means a website through which coupon codes are disseminated.

Restrictions

We may delay the issuance of or withhold any rewards, including any bonus or commission, products, and any other form of benefits you earn or accrue in the Program (collectively, “Rewards”), for investigation purposes and we may refuse to issue Rewards if we determine in our sole discretion that you committed or participated in any fraudulent, suspicious, criminal, or dishonest activity in connection with the Program, or that you otherwise violated this Policy. All of Temu’s decisions are final and binding, including decisions as to whether a post is approved pursuant to this Policy.

Affiliates may not use the Program in a manner that violates any law, infringes or violates the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, or outside the spirit and intent of the Program. Such conduct will be grounds for immediate termination and disqualification from the Program and forfeiture of any Rewards earned or accrued. In addition, Affiliates may not act in an unfair or disruptive manner, or use any system, bot, or other device or artifice to participate or receive any benefit in the Program.

Temu may terminate your participation in the Program if any of your social media accounts uses Temu intellectual property or impersonates Temu without Temu’s consent, if you provide inaccurate or false information concerning a social media account, or if any of your social media accounts has zero followers.

Any order placed by a customer on Temu will not be qualified as Qualifying Purchase, and any benefits or bonus promised will also be void, if it is based on any advertisement that you purchased through participation in bidding or auctions on keywords, search terms, or other identifiers that include “Temu” or our trademarks, logos, slogans, or the variations or misspellings of any of those words.

Affiliate Benefits will be void if we find that you are engaging in activities that (i) fabricate, plagiarize or abuse Temu's official website, official account, logo or brand identity, (ii) fabricate, plagiarize or abuse any third party’s brand identity in Temu’s name, or (iii) promoting the Temu brand in an unauthorized way.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, TEMU RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Taxes

All taxes applicable to any benefits provided by Temu under this Policy will be your responsibility and Temu shall not pay any amounts for federal, state, or municipal income tax, withholding tax, social security, unemployment, or worker’s compensation.

Representations and Warranties

You represent, warrant, and covenant that (a) you will participate in the Program and create, maintain, and operate your Site in accordance with this Policy, (b) neither your participation in the Program nor your creation, maintenance, or operation of your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), (d) you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Policy, (e) you will not participate in the Program or use any other service offerings if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using any service offering; (f) you will comply with all applicable export and re-export restrictions that may apply to goods, software, technology, and services, and (g) the information you provide in connection with the Program is accurate and complete at all times. You can update your information by logging into your account on Temu.

We do not make any representation, warranty, or covenant regarding the amount of traffic, benefits, or income you can expect at any time in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.

Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify and hold us, our parents, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, licensors and partners (each, a “Temu Party” and collectively, the “Temu Parties”) harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or in connection with any third-party claims relating to: (a) your participation in the Program; (b) your violation of this Policy; (c) your violation of any rights of another party, including without limitation any copyright, property, or privacy right or any third-party agreement; or (d) your violation of any applicable laws, rules, or regulations. In the event of such a claim, suit, or action (“Claim“), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under these Terms).

We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate with us in asserting any available defenses.

You agree that the provisions in this section will survive any termination of your Account, the Policy and/or your access to the Program.

Publicity/Usage Rights

Except to the extent prohibited by applicable law, participation in the Program and/or receipt or use of any benefits earned in this Program constitutes your consent for Temu to use and publish the user name and profile picture of your Temu account for the purposes of this Program in the country/region where the you are located in perpetuity without further notification.

You hereby grant to Temu a non-exclusive, worldwide, irrevocable, fully paid-up, and royalty-free right and license to use, reproduce, repost, adapt, publish, translate, distribute, transmit, share, and display any and all posts, materials, photos, videos, and content that you post, publish, or make publicly available in connection with the Temu Affiliate Program (“Affiliate Content”) in Temu’s sole discretion, including, without limitation, your name, nickname, blog name, user handle, photo, image, and social media avatar and/or other likeness in connection with such Affiliate Content in perpetuity on any and all media, including, without limitation, internet and digital media, including, without limitation, Temu’s owned and operated social media channels and platforms, including, without limitation, Facebook, Instagram, Twitter, Snapchat, YouTube and TikTok. You further agree that Temu shall have the rights to “whitelist” and/or boost the Affiliate Content on its social media platforms and amplify and promote the Affiliate Content via paid media, including, without limitation, via sponsored, promoted, and/or paid posts, and you agree to provide Temu with any applicable permissions that it requires to do so. You represent and warrant that (i) you have all necessary rights, licenses, and permissions to grant all licenses and other rights in this Policy; (ii) the Affiliate Content complies with all applicable laws and regulations; and (iii) the Affiliate Content does not infringe the intellectual property rights of Temu or any third party.

Term and Termination

In its sole and absolute discretion, Temu may cancel, change, suspend, or modify any aspect of the Program and/or any Balance or Affiliate Benefits at any time, without notice. Temu may, in its sole and absolute discretion, terminate or suspend your participation in the Program for any reason, including, without limitation, breach of this Policy or for taking any actions that are inconsistent with the intent of this Policy. Temu reserves the right in its sole discretion to prohibit your participation in any aspect of the Program or change the Balance or Affiliate Benefits irrespective of the value if Temu deems or suspects that you have engaged in or have attempted to engage in any of the following: (a) acting in violation of this Policy; or (b) damaging, tampering with or corrupting the operation of the Program or Temu; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; (e) posting your referral code as in a comment under any videos or posts on any platform; or (f) activity deemed in the sole discretion of Temu to be generally inconsistent with the intended operation of the Program. Any decision Temu makes relating to the termination or suspension of your participation in the Program shall be final and binding in all respects. Temu shall be the sole arbiter in determining abuse, fraud, or breach of this Policy or the intent of this Policy.

Governing Law and Venue

This Policy and any dispute of any sort that might arise between you and us hereunder will be governed by the laws of the State of New York and applicable federal laws of the United States of America. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in New York County, New York for all matters arising from or in connection with this Policy or your participation in the Program.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE TEMU PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE OR GOODWILL, REPUTATIONAL HARM, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR THIS POLICY, EVEN IF WE OR ANY OTHER PERSON HAS FORESEEN OR BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILTY SHALL NOT APPLY TO LIABLITY OF A TEMU PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT FOR WHICH THE TEMU PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY US TO YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABIITY; (B) $100.00; OR (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILTY SHALL NOT APPLY TO LIABLITY OF A TEMU PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION. THE PREDEDING SENTENCE SHALL NOT PRECLUDE THE REQUIREMENT FOR YOU TO PROVE ACTUAL DAMAGES.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND US.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products/benefits delivered through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).

Privacy

The personal information collected, processed and used as part of the Program will be used in accordance with Temu’s privacy policy (you may find it on Temu App, ”Settings” > ”About Temu” > ”Privacy & Cookie Policy” or at https://us.temu.com). Temu and/or its service providers may contact you about your participation in the Program.

Publicity and Confidentiality

You shall not create, publish, distribute, make or permit any public announcement of this Policy or anything related to the performance of this Policy (including, but not limited to, any press release, client list, screen shot, advertisement or any promotional material) without first submitting such material to us and receiving our written approval, which we may withhold in our sole discretion.

Except as otherwise provided in this Policy or with our prior written consent, you agree that all information and materials made available by or on behalf of us hereunder and/or otherwise arising from or in connection with the Program that is not generally known or available to the public through a source or sources other than you or your Affiliates, or that you should reasonably know or assume is confidential, including, without limitation, the terms of this Policy, our business and financial information, our customer lists, customer information, and customer purchase history, and our pricing and sells information (“Confidential Information”), shall be and remain the property of us. You agree and acknowledge on your behalf and on behalf of all your representatives that they shall have no proprietary interest in any of the Confidential Information, and will not disclose, communicate or publish the Confidential Information to any person or entity, nor use, except as authorized by this Policy or otherwise in writing by us, any of the Confidential Information that you or your representatives produce, receive, acquire or obtain. You shall take (and cause all your representatives to take) all necessary steps to ensure that the Confidential Information is securely maintained.

General

Assignment. You may not assign, delegate, or transfer this Policy, or your rights and obligations hereunder, to any other person in any way (by operation of law or otherwise) without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may transfer, assign, or delegate this Policy and our rights and obligations hereunder to any other person without your consent.

Unforeseen Events.We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, crime, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Waiver. Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Severability.If any provision of this Policy is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Policy shall otherwise remain in full force and effect and enforceable.

Entire Agreement. This Policy is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to its subject matter.

If you have any questions, please email influencer@temu.com.

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Last updated: May 21, 2024.

Exhibit A - Affiliate Cash Terms and Conditions

1. Your Affiliate Cash will be rounded to 2 decimal places.

2. We will verify your Commission for a Qualifying Purchase after the delivery of the order. The verification will take 3 days. During the verification, such Commission will be shown as “Pending.” Once your Commission is verified, it will be shown in your “Affiliate Cash”.

3. You may choose to withdraw your Affiliate Cash as Temu Credits to your Temu account or as cash to your PayPal account.You can only withdraw your Affiliate Cash when the balance of it is over SAR80.No withdrawal is allowed if the balance of your Affiliate Cash is less than SAR80. You must withdraw the full sum of the balance of your Affiliate Cash. No partial withdrawal is allowed.

4. If the Qualifying Purchase is canceled or returned, the Commission and other relevant Affiliate Cash will be deducted accordingly.

5. You may get up to SAR400 Commission per order and SAR400,000 Affiliate Cash per calendar month. If you accrued SAR400,000 Affiliate Cash in a calendar month, you will not earn any more Affiliate Cash in that month.

6. You can make up to 5 withdrawals with a total amount not exceeding SAR20,000 per day (PT).

7.To withdraw the Affiliate Cash as cash, you need to provide and verify your PayPal account and mobile phone number. It may take a few days to receive your payment. The time required also depends on PayPal’s processing.

Exhibit B – Endorsement Guideline

Temu believes in full, fair and effective disclosures of material facts relating to the Affiliates’ relationship with Temu in accordance with applicable laws, regulations and guidelines, such as Federal Trade Balance/commission’ Guides Concerning Endorsements and Testimonials http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf. As such, Temu requires that all Affiliates adhere to the following guidelines (the “Guidelines”) when blogging, tweeting or otherwise publishing content about Temu’s products or services (the “Products/Services”), as well as any other guidelines provided to Affiliate by Temu.

1. Disclose Connection to Temu - When posting about the Temu or the Temu’s products or services, Affiliate must clearly disclose Affiliate’s “material connections” with the Temu, including the fact that Affiliate was afforded any consideration from the Temu or is being paid for a particular service. “Material connections” are defined as any connection between an Affiliate and a Temu that could affect the credibility consumers give to the Affiliate’s statements. Important examples of “material connections” include payments or other monetary compensation, loaner or free products and services, gifts and rewards, special access privileges and other incentives provided by a Temu to a Affiliate.

2. Maintain Clear and Prominent Disclosure - The above disclosure should be made in close proximity to any statements that the Affiliate makes about the Temu or the Temu’s products or services. This disclosure should be clear and prominent enough for consumers to view it when they are reading Affiliate’s posts. This means that the disclosure should not be buried behind links or in the Terms and Conditions (or in similar documents). In addition, the consumer should not be required to click on, scroll down or mouse over a link in order to view the disclosure. This also means that the disclosure should not be placed below the “more” button or in a “jumble of hashtags” that readers are not likely to read. When determining where to place a disclosure, consider the following:

• A disclosure is required regardless of the space limitations of the medium (e.g., Twitter, Instagram), where the disclosure can be made via hashtags, such as #Temued, #paid or #ad.

• Hashtags such as #partner or #thanks without further context are unlikely to be considered sufficient. When in doubt, please consult Temu.

• For Instagram, the disclosure should appear in the first two (2) lines of the post and above the “more” button.

• Please do not rely solely on social media “paid partnership” or “handshake” tools. A clear and conspicuous disclosure must be included in the copy or, in the case of Instagram Stories or Snapchat Stories, superimposed on the image. When in doubt, please consult Temu.

• For longer posts (e.g., blogs), the disclosure should appear closer to the top of the post and not be buried at the bottom of the post or after blocks of text that consumers are unlikely to read.

• On Snapchat, TikTok and Instagram stories, the disclosure can be superimposed over the visuals in a clear and conspicuous manner.

• In video or YouTube posts, the disclosure should appear in the video itself at the beginning of the video (note that this disclosure may also appear in the description box “above the fold” provided it also appears in the video itself).

• Visual disclosures must stand out and be on the screen long enough to be noticed, read and understood.

• As a best practice, include multiple disclosures throughout the course of the video (or one continuous disclosure). On YouTube, a visual disclosure that is obscured by ads will not be clear and conspicuous.

3. Give Your Honest and Truthful Opinions – Affiliate’s statements should always reflect Affiliate’s honest and truthful opinions and actual experiences. However, we do ask that all blog entries, Facebook posts, tweets, and/or comments be in good taste and free of inappropriate language and/or any content that promotes bigotry, racism or discrimination against an individual based on race, gender, religion, nationality, disability sexual orientation or age.

4. Only Make Factual Statements That Are Truthful and Can Be Verified - In an effort to accurately relay brand names, product attributes and program information, please refer to all Temu-provided materials, if available, when developing content pertaining to Temu or Temu’s products. Most importantly, Affiliate should only make factual statements about Temu or Temu’s product’s characteristics or quality which Affiliate knows for certain is true and can be verified. For example, Affiliate should not make statements about the performance of a product unless Affiliate has support for such claims.

5. Respect Intellectual Property Rights - Intellectual Property is the group of legal rights to works that people create or invent. Intellectual property rights typically include copyright, trademark, and trade secret rights, as well as the right to use someone's name, likeness or voice. Examples include photographs, videos, music, trademarks/logos, personal names/likenesses (including celebrities’ names/likenesses), and writings. Affiliate should never post or share any content that violates or infringes the intellectual property rights of any third party. If Affiliate is unsure about a work, particularly in instances where a work includes a third-party’s trademark/logo, or music, film or television clips, or a celebrity’s name, photo or image, Affiliate should check with Temu before using the work. A good rule of thumb is, if in doubt, do not post it.

6. Comply with other policies and laws – Affiliate should comply with all applicable laws, rules and regulations, as well as the terms, conditions, guidelines and policies of any social media platform or service that Affiliate uses in connection with the Services.

7. Do not alter – Affiliate should not alter or modify any logo, image, copyright or trademark provided by the Temu if Affiliate chooses to include such item in a blog entry, post or tweet.

8. Do not be Inappropriate - Affiliate should not associate Temu or any of Temu’s products or services with any inappropriate or controversial content that would reflect poorly upon Temu or the Program.

9. Do not exhort to children – Affiliates must avoid making statements in Posts which encourage children to buy, or persuade an adult to buy for them, any Product or Service.

10. Respect Confidentiality - Affiliate may learn of confidential information that is not yet public. Affiliate shall take all necessary precautions in handling the confidential information and limit disclosures on a strict need-to-know basis. In the event Affiliate has any questions regarding the confidentially of specific knowledge obtained at the event, Affiliate should reach out to the appropriate contact at the Temu before sharing the information.

PLEASE NOTE THAT TEMU RESERVES THE RIGHT TO MONITOR AFFILIATE’S COMPLIANCE WITH THESE GUIDELINES AND TO TERMINATE AFFILIATE’S PARTICIPATION IN THE PROGRAM IN THE EVENT OF ANY NONCOMPLIANCE.

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Temu Member Privacy Policy

This Privacy Policy describes how Whaleco Inc., Whaleco Technology Limited and their affiliates (each, as applicable “Temu,” “we,” “us” or “our”) handle the personal information of members of Temu’s Marketing Programs (hereinafter referred to as “Members,” or “you”). This Privacy Policy (hereinafter referred to as the “Member Privacy Policy”) supplements the Temu Influencer Policy and the Temu Affiliate Policy, as applicable.

This Member Privacy Policy also supplements Temu’s Privacy Policy which sets out how the personal information of Members will be processed in their capacity as customers of Temu’s Services (as defined therein) and will continue to apply to Members’ use of the Temu Services as customers.

The purpose of this Member Privacy Policy is to inform Members about Temu’s processing of their personal information in compliance with applicable data protection and privacy laws, including but not limited to the Regulation (EU) 2016/679 27 April 2016 (the “GDPR”), the UK General Data Protection Regulation (“UK GDPR”), and the California Consumer Privacy Act (the “CCPA”).

1. The Data Controller

For the purposes of this Member Privacy Policy, the data controller is the Temu company with whom you have entered into an agreement to provide services as a Member unless otherwise stated. This generally means Whaleco Technology Limited if you are resident in the EEA, UK, or Switzerland, and Whaleco Inc. if you are a resident in the US or elsewhere.

2. Personal information we collect and hold

Personal information we collect about you in your capacity as a Member includes:

• Profile information: such as your first and last name, your company name, profile name or nickname, videos, photos, lists of followers and follower numbers, age and gender, profile description, previous publications including videos, photos, stories etc., email address, location and physical address (if provided)
• Company details: such as email address, physical address, phone number
• Social network data: such as the rate of growth of your followership, post and story engagement rate, frequency of posting, other information in respect of your social media profiles as available from publicly available sources in order to analyse the performance, reach, and engagement of your participation as a Member
• Payment information:such as your billing informationneeded to provide you with payment for services rendered to Temu, including card information or your bank account number
• Other data:including data that you provide when you contact us or that is made publicly available by you via your social media profiles or other public channels, which may include special categories of data. In the event that such data is processed, it is on the basis that it is incidental and has already been made publicly available

3. How and why we use your personal information

We use the personal information that we collect for various purposes, including to develop, improve, support, and provide Temu’s Marketing Program and our Services. We may use your personal information for the following purposes:

• to evaluate the performance of Members and the continued suitability of their profiles for participation in Temu’s Marketing Program. We do so to fulfil our contract with you and in our legitimate interest to provide our Marketing Programs and Services to you
• to contact Members to provide them with promotional opportunities, campaign updates or any other communication reasonably incidental to Temu’s Marketing Programs, including highlighting additional promotional opportunities from affiliated companies in which they might be interested. We do so subject to your consent to receive communications, to fulfil our contract with you and in our legitimate interest to provide you with new information about a new product or service
• to respond to requests from Members in respect of personal information of theirs processed or to requests from them to otherwise exercise their rights under applicable law, or to general queries in respect of personal information of theirs processed by us or to requests from them to otherwise exercise their rights under applicable law, or to general queries in respect of their Membership. We do so on the basis of our In our legitimate interest to address requests and as required to fulfil our contractual obligation to respond to general queries you may raise
• To make payments, including commissions, credits or vouchers due for services provided by you. Or to otherwise reimburse you for any expenses incurred if applicable. We do so to fulfil our contract with you and provide you with payment for services provided

4. How we share your personal information

We share your personal information (as described in the section “Personal information we collect and hold”) with the following parties to facilitate your participation in Temu’s Marketing Programs:

• Affiliates. Our corporate parent, subsidiaries, and affiliates, in order to provide our Services in accordance with our contract with you, and for internal administration or support purposes, in our legitimate interest to operate our business and continually improve our products and Services.
• Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, and information technology) in accordance with our contract with you.
• Payment processors. Payment information you provide may be shared with third party payment processors in order to pay you or to otherwise reimburse you for any expenditure incurred in accordance with our contract with you.
• Advertising partners. Third-party advertising companies who may support promotional campaigns in which you are involved in accordance with our contract with you and in our legitimate interest to promote our business and Services and the campaigns in which you are involved.
• Business and marketing partners. Third parties with whom we co-sponsor events or promotions or with whom we jointly offer products or Services in accordance with our contract with you and in our legitimate interest to promote our business and Services and the marketing campaigns in which you are involved.
• Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us, in our legitimate interest to protect our business or as required by applicable law.
• Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for compliance with our legal obligations or the protection of our users and/or the Temu Services, in our legitimate interest to protect our Services and our business, or as required by applicable law.
• Business transferees. Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sell or other disposition of all or any portion of the business or assets of, or equity interests in, Temu or our affiliates (including, in connection with a bankruptcy or similar proceedings). We do this in our legitimate interest to run a successful and compliant business, and as required by applicable law.

5. Retention

We will retain your personal information for as long as we require it to fulfil the purposes for which we collected it, as follows:

• Your profile information, company details, social network data, payment information and other data you provide to us to join the Marketing Program or to maintain your membership of the Program, for as long as you remain a Member or as needed to provide you with our Services;
• For satisfying any legal, accounting, or reporting requirements, as well as to establish or defend legal claims and prevent fraud, for as long as you keep your account open or as needed to provide you with our Services; and
• At the end of our working relationship, we will determine if there are certain categories of your personal information which we are obligated to retain. For example, our obligation to comply with applicable financial reporting legislation may require us to retain certain payment records, or where a dispute has arisen between us we may be required to retain correspondence to refute any legal claim brought against us

We will also retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes and enforce our terms and conditions, other applicable terms of service, and our policies. If you stop using our Services or if you delete your account with us, subject to any requirement we may have to retain limited personal information, we will store your personal information in an aggregated and anonymised format; we may use this aggregated and anonymised information indefinitely without further notice to you.

6. International Data Transfers

The personal information that we collect from you may be transferred, disclosed, stored, and processed at or shared to locations outside your country. Such locations may include anywhere Temu and its affiliates operate. When we transfer your personal information (as described in “Personal information we collect and hold”) outside of your country, we will ensure that it is protected in a manner that is consistent with how your personal information will be protected by us in your country. This can be done in a number of ways, for instance:

• the country to which we send the data might be approved by the applicable data protection authority as providing an adequate level of protection for individuals’ rights and freedoms for their personal information; or
• an appropriate data transfer mechanism will be used (such as the recipient might have signed up to a contract based on “model contractual clauses” for example, approved by the European Commission or Information Commissioner’s Office equivalent, obliging them to protect your personal information) (the “Model Clauses”) to certain affiliates and third parties in countries without an adequacy decision.

Please contact our Data Protection Officer at privacy@eur.temu.com for the EU or for the UK should you wish to examine a copy of the Model Clauses.

In other circumstances the law may permit us to otherwise transfer your personal information outside your country. In all cases, however, we will ensure that any transfer of your personal information is compliant with applicable privacy and data protection laws. You can obtain more details of the protection given to your personal information when it is transferred outside your country by contacting us in accordance with the “How to contact us” section below.

7. Children

‍Prospective Members must be at least 18 years of age to participate in Temu’s marketing programs.

8. Your rights and choices

Data Subject Rights.Subject to local applicable laws, you may have rights in relation to the personal information that we hold about you. Depending on your residence you may have the rights listed below. However, these rights are not absolute as certain exceptions may apply, and in certain cases, we may decline your request as permitted by law.

• Right to Know / Access:The right to request information regarding the processing of your personal information and access to the personal information which we hold about you;
• Right to Withdraw Consent: The right to withdraw your consent to our processing of your personal information at any time (please note, however, that we may still be entitled to process your personal information if we have another legitimate reason other than consent for doing so);
• Right to Portability: The right to receive some personal information in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible (though please note that this right only applies to personal information which you have provided to us);
• Right to Rectification / Correct: The right to request that we rectify your personal information if it is inaccurate or incomplete;
• Right to Erasure / Deletion: The right to request that we erase your personal information in certain circumstances (though please note that there may be circumstances where you ask us to erase your personal information, but we are legally entitled to retain it);
• Right to Object: The right to object to, and the right to request that we restrict, our processing of your personal information in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal information but we are legally entitled to continue processing your personal information and / or to refuse that request; and
• Complaints:The right to lodge a complaint with your data protection supervisory authority or with us in writing if you think that we have breached any of our obligations or infringed your rights under applicable privacy law. In the event that you wish to make a complaint about how we process your personal information, please contact us in accordance with the “How to contact us” section below.

You can exercise your rights by contacting us using the details set out in the “How to contact us” section below. We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity before providing a substantive response to your request. You may designate, in writing, including through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.

9. Additional Information for Members Residing In California

This section provides additional detail for residents of California regarding how we collect, use and disclose Personal Information, and the rights such residents may have with respect to that Personal Information.

For purposes of this section, “Personal Information” has the meaning given in the CCPA. Unless otherwise specified, Personal Information includes “sensitive personal information” as defined by the CCPA.

Processing of Personal Information

The table below describes the categories of Personal Information we collect, the categories of third parties to whom we disclose such Personal Information, and our practices over the past 12 months.

We do not sell Personal Information in the traditional sense. We may share your personal information with the following parties for the purpose of providing you with better services, providing you with personalized advertising and marketing communications, protecting your rights, and/or complying with U.S. legal requirements. We do not have actual knowledge that we sell or share for cross-context behavioral advertising purposes Personal Information of individuals under 16 years of age. Additionally, we do not use or disclose Sensitive Personal Information for purposes other than those expressly permitted under the CCPA or otherwise with your consent.

>td >Identifiers (such as your name, mailing address, email address, telephone number, etc.)

The sources and purposes from which we collect and use these categories of Personal Information is described further in the “Personal information we collect and hold” and “How we use your personal information” sections above, and our data retention practices are described in the “Retention” section above.

10. Changes

‍We reserve the right to modify this Member Privacy Policy at any time. If we make material changes to this Member Privacy Policy we will notify you by updating the ‘last modified date’ and posting it in the Temu Marketing Program Portal or by other appropriate means. Any modifications to this Member Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your continued participation in the Program after the posting of any Member Privacy Policy indicates your acceptance of the modified Member Privacy Policy.

12. How to contact us

If you reside in the EEA, Switzerland, or the UK email our Data Protection Officer at: privacy@eur.temu.com for the EU or for the UKor bymail to Whaleco Technology Limited or Whaleco UK Limited:

Whaleco Technology Limited., First Floor, 25 St., Stephens Green, Dublin 2, Ireland

If you reside outside of the EEA, Switzerland or the UK, by email at:privacy@eur.temu.com mail to Whaleco Inc:

Whaleco Inc., Suite 355, 31 St. James Avenue, Boston, Massachusetts 02116, USA

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