Creator Terms and Conditions for Countdown Bidding - US

CREATOR TERMS AND CONDITIONS FOR COUNTDOWN BIDDING

These Countdown Bidding Terms and Conditions ("Terms") are a binding agreement between you ("Creator", "you," or "your") and BD TikTok USA LLC ("TikTok," "we," or "us"). By participating in the Countdown Bidding Activity ("Activity") on the TikTok Shop platform, you agree to be bound by these Terms and TikTok’s general Terms of Service, TikTok Shop Creator Terms of Use, TikTok Community Guidelines, TikTok Advertising Policies, and TikTok Shop Policies (collectively, the "TikTok Policies"). These Terms are subject to modifications by TikTok at any time, with updates communicated to you via the TikTok platform.

1. Countdown Bidding Overview

The Countdown Bidding feature allows TikTok Shop sellers ("Sellers") to auction items in real-time during TikTok LIVE broadcasts. Sellers will create auction products that participants can bid on, with the highest bid at the end of the auction winning the item. Bidders can participate by manually placing bids or setting automatic bid limits. The auction will conclude with the highest bidder, and the item will be sold to them at the final price.
As a Creator, Sellers can invite you to host LIVEs featuring their Countdown Bidding products, offering commissions for completed orders. There are two types of auctions you can host:

• Fixed Auction: The countdown timer is final — bidding closes exactly when it hits zero, with no additional time added.
• Extended Auction: If a bid is placed during the final moments of the auction, the timer will automatically reset with each new bid. The extension duration is configured by the LIVE host and will be displayed on the user interface. This extension can occur multiple times until no further bids are placed before the timer expires.

2. Creator Eligibility

Eligibility to receive requests from Sellers to host LIVEs featuring Countdown Bidding products is determined on an invite-only basis in TikTok's sole discretion.

3. Creator Responsibilities

• Creators are responsible for choosing the type of auction (Fixed Auction or Extended Auction) and the auction duration from a list of pre-determined times available in the system.
• Creators will not have the ability to edit Coundown Bidding product details or the starting bid price set by the Seller.
• Only one item can be auctioned per auction session, and only one auction can be run at a time. For multiple quantities of the same item, each quantity must be auctioned separately.
• Creators are prohibited from modifying or altering the auction terms (such as time, bid price, or auction structure) once the auction has started.
• Creators may announce the winning bidder's username in the LIVE session once the auction ends.

4. Seller Responsibilities and Fulfillment

• Sellers are responsible for listing items as Coundown Bidding products and setting the starting bid price.
• Auctions must conclude once the timer runs out, and no reserve price is allowed (i.e., Sellers must sell the item to the highest bidder, regardless of the final bid amount).
• Sellers are obligated to fulfill any order once the auction has ended and the winning bid has been placed.

5. Payment and Order Processing

• Upon a winning bid, the order will be created automatically, and payment for the item will be processed immediately.
  • If a payment is not successfully completed within the time period following auction closure, as communicated to you via a countdown timer in the list of sold items in your LIVE host experience (which will not exceed 15 minutes), the order will be automatically canceled. A Creator may re-auction the item within the same LIVE session if order is cancelled due to incomplete payment.

6. Cancellation of Auctions

• TikTok reserves the right to cancel any auction or re-run an auction in case of technical difficulties or suspected fraudulent activity.
  • In cases of technical issues, TikTok may choose to re-run the auction at its discretion.
• In the event that an auction is canceled due to fraud or other violations, the Creator’s participation in future auctions may be restricted, and penalties may apply.

7. Fraud Prevention

• Shill Bidding (bidding on products for which you are hosting, or otherwise coordinating with others to drive up the price) is strictly prohibited. Any suspected fraud will result in immediate cancellation of the auction and potential penalties for the Creator.
• TikTok may disqualify Creators if there is evidence of attempts to manipulate the bidding process or engage in fraudulent activity, including using automated bidding tools or bots.

8. Compliance with TikTok Policies

• Creators must adhere to all applicable TikTok Policies, including the TikTok Shop Creator Terms of Use, TikTok Community Guidelines, TikTok Advertising Policies, and any other applicable policies or guidelines.
• Violation of any TikTok policies or these Terms may result in penalties, including cancellation of the auction or disqualification from Countdown Bidding events.

9. Force Majeure

• TikTok is not responsible for any loss, damage, or disruption caused by events outside of our reasonable control, including but not limited to force majeure events such as natural disasters, pandemics, or actions taken by governments.

10. Disputes and Governing Law

• In the event of any dispute related to Countdown Bidding, or the interpretation of these Terms, TikTok's decision shall be final and binding.
• Any legal matters will be governed by TikTok's Terms of Service, which are incorporated by reference into these Terms.

11. Disclaimer; Exclusion of Warranty

• TikTok acts solely as an intermediary platform to facilitate the Countdown Bidding collaboration opportunities between the Creator and the Seller. Except as expressly set forth in these Terms, TikTok makes no promises or guarantees regarding the Countdown Bidding feature, the outcome of the auctions, or the effectiveness of any promotional activities. TikTok makes no express or implied warranties (including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement) regarding any item listed for auction. You, the Creator, bear full liability and responsibility for the promotion of Countdown Bidding items.
• TikTok does not guarantee specific growth or success through participation in Countdown Bidding.

12. Severability

• If any provision of these Terms is found to be illegal, invalid, or unenforceable, the provision will be severed, and the remaining terms will remain in full force and effect.

13. Modifications to Terms

• TikTok reserves the right to modify or update these Terms at any time. Any updates will be communicated, and continued participation in the Countdown Bidding Activity will be deemed acceptance of these changes.

14. General Provisions

• These Terms are governed by the same General Provisions set forth in TikTok's TikTok Shop Creator Terms of Use, including dispute resolution, arbitration clauses, and any other related legal provisions.