TikTok One Partner Terms of Service
TIKTOK ONE CREATIVE SERVICES Partner Terms of Service
Last Revised: March 2026
1. Introduction
a. These TikTok One Creative Services Partner Terms of Service, including any additional policies, guidelines, or other terms referenced herein, (“TikTok One Partner Terms”) govern your (“you” or “Creative Partner”) use of TikTok’s products and services in connection with your TikTok One account (“TikTok One Account”) (collectively, “TikTok One Partner Products”). These TikTok One Partner Terms form a legally binding contract between you and TikTok (defined below). For the purposes of these TikTok One Partner Terms only, and unless otherwise specified, “TikTok”, “we”, and “us” means either:
i. BD TikTok USA LLC (“TT Commerce & Global Services”) if you are based in the United States;
ii. TikTok Inc. if you are based in Canada;
iii. TikTok Mexico Tecnologia, S. de R.L. de C.V or Bytedance Brasil Tecnologia Ltda., if you are based respectively in Central and South America, Mexico or Brazil;
iv. TikTok Information Technologies UK Limited (UK), if you are based in the United Kingdom, the European Economic Area or Switzerland; or
v. TikTok Pte. Ltd. (Singapore), if you are based in any other geographic area.
To the extent that you are using TikTok One Creative Products (as that term is defined and used in the TikTok One Creative Services Advertiser Terms of Service (the “Advertiser Terms”)) as an agent for an advertiser or brand, these TikTok One Partner Terms will not apply to you and the Advertiser Terms will apply instead.
b. These TikTok One Partner Terms incorporate and are expressly subject to the Commercial Terms. Capitalized terms not otherwise defined in these TikTok One Partner Terms shall have the meaning given to them under the Commercial Terms. They apply in addition to the Commercial Terms, any other applicable Supplemental Terms, and any other policies and guidelines that we may provide or present to you during your use of TikTok One Partner Products, including any additional eligibility requirements set forth therein. To the extent any specific provision of these TikTok One Partner Terms conflicts or is inconsistent with any term of the Commercial Terms, the specific provision of these TikTok One Partner Terms will prevail insofar as they relate to your use of the TikTok One Partner Products.
c. For the avoidance of doubt, each TikTok One Partner Product may be subject to additional and supplementary terms including, without limitation, terms explaining the workflow requirements for a TikTok One Partner Product, fees and package details (the “Additional Partner Product Terms”). Additional Partner Product Terms shall be provided directly to Creative Partner and made available in writing including, without limitation, via a TikTok Business Help Center article, the TikTok One Platform or in any other format as determined by TikTok in TikTok’s sole discretion. The Additional Partner Product Terms are hereby incorporated by reference. To the extent any specific provision of these TikTok One Partner Terms conflicts or is inconsistent with any term of the Additional Partner Product Terms, the specific provision of the Additional Partner Product Terms will prevail.
d. The TikTok One Partner Products are “Commercial Products” under the Commercial Terms. The TikTok One Partner Products may enable you to:
i. create content, including branded content, ad creatives, or other commercial content promoting TikTok’s advertisers (“Advertisers”) (collectively, the “Deliverables”),
ii. share information about yourself with Advertisers,
iii. receive payments,
iv. manage content creators (“Creators”), and
v. provide other creative services,
(collectively, “Partner Services”) in relation to a project/package (“Project”) set out in a creative brief (defined below) within the TikTok One Platform (collectively, “TikTok One Creative Content”).
“Creative Brief” means a project description or a set of requirements for Deliverables and Partner Services, as developed and issued by TikTok (which may include input from an Advertiser), setting out the scope of work, deliverables, timelines, and other relevant project details within the TikTok One Platform.
e. For the avoidance of doubt, the Partner Services under these TikTok One Partner Terms are procured by TikTok and provided to TikTok directly by you, and you will have no direct contractual relationship with any Advertiser concerning the subject matter of these TikTok One Partner Terms. In no event shall you issue any invoice or seek payment directly from an Advertiser for any Partner Services or Deliverables provided pursuant to these Terms. All invoicing shall be exclusively between you and TikTok.
f. As between you and TikTok, you agree that all information, data, content, items, and materials, in any form, that are provided, transmitted, made available, or uploaded by you or through your TikTok One Account in connection with the TikTok One Partner Products are considered Your Content as defined in Section 6.2 of the Commercial Terms.
g. To learn more about how TikTok handles your personal data when you participate in or use the TikTok One Partner Products, please read our TikTok Partner Privacy Policy.
2. Partner Services
a. Creative Partner can accept or reject a Creative Brief and associated Project published by TikTok at TikTok's sole discretion on the TikTok One Platform. Once a Creative Partner accepts a Creative Brief and Project on the TikTok One Platform, Creative Partner is obligated to complete the Partner Services detailed therein.
b. Creative Partner fees will be paid in accordance with the amount set out in the TikTok One Platform or as otherwise agreed between TikTok and Creative Partner. Creative Partner agrees that the package details are subject to change at any time and TikTok will make commercially reasonable efforts to provide, but cannot guarantee, advance notice of such changes to Creative Partner.
c. Creative Partner agrees to be bound by the terms and conditions of the Project and the Creative Brief stated therein.
d. Creative Partner must review the Creative Brief and Project to determine that Creative Partner has the skills, expertise and ability to perform the requested Partner Services in accordance with the requirements and terms set forth therein. Failure to do so may result in Creative Partner’s termination from TikTok One and/or withholding of any payment due in connection with such Partner Services. Further, Creative Partner shall be liable for any losses incurred by TikTok as a direct result of Creative Partner’s failure to perform a Creative Brief once it has been accepted by the Creative Partner.
3. Creator Engagement Services
a. As part of the Partner Services, Creative Partner is permitted to engage Creators to produce and/or distribute Deliverables for use in relation to the Project, subject to the conditions below. In the event that Creative Partner engages a Creator to assist in the delivery of its Partner Services.
i. Unless stated otherwise in the TikTok One Partner Product or as otherwise agreed to in writing between Creative Partner and TikTok, Creative Partner shall be responsible for payments to Creators, making all payment terms clear to each Creator within the relevant agreement between Creative Partner and Creator. In any case where Creative Partner is paying Creators directly, TikTok will not be a party to, and will have no obligations in connection with such agreement, including processing payments between Creative Partner and Creator via the TikTok One Platform. Where TikTok is responsible for payments to Creators, the terms between TikTok and the Creator will govern any payment-related obligations.
ii. Creative Partner shall ensure that its agreement with each Creator includes the following requirements:
1. all Deliverables are the original work of the Creator and have not been copied from any other work or materials or otherwise infringe any third party intellectual property rights;
2. all Creator statements and testimonials provided in the Deliverables shall reflect Creators’ honest opinions, findings and beliefs; and
3. if the Creator is found to be in breach of these obligations, the Creator’s participation in TikTok One may be terminated.
iii. The Creative Partner is solely responsible for the engagement, direction, and supervision of each Creator and shall remain fully responsible and liable to TikTok for the performance of all Partner Services under this Agreement, regardless of whether such Partner Services are performed directly by Partner or through a Creator engaged by Partner.
b. Any Creator engaged by a Creative Partner to assist in the delivery of the TikTok One Partner Product, remains solely the responsibility of the Creative Partner and in no event will such Creators be deemed employees, agents or contractors of TikTok. When engaging Creators in connection with the Partner Services provided under these TikTok One Partner Terms, Creative Partners act on their own behalf, and not on behalf of TikTok.
c. In the event a Creator that has been engaged by Creative Partner withdraws from or terminates their involvement in an active Creative Brief or Project, the Creative Partner shall promptly notify TikTok and remains responsible for fulfilling all Partner Services and Deliverables, including, if applicable, promptly engaging a suitable replacement Creator to complete the Project and comply with the requirements of the Creative Brief to the same standards.
4. Intellectual Property and License to Use
a. Creative Partner may be provided by TikTok with certain assets, including but not limited to videos, photos, or other visual assets; logos, trademarks, and service marks; any actual or simulated likeness, voice, photograph, personal characteristic, name, performance; compositions and master recordings of music (collectively “Advertiser Assets”) solely for the purposes of incorporating Advertiser Assets in the TikTok One Creative Content and Deliverables.
b. Creative Partner and any applicable Creator shall have the limited right and license to use the Advertiser Assets solely to perform the Partner Services and create the TikTok One Creative Content and Deliverables, and for no other purpose.
c. Subject to your compliance with these TikTok One Partner Terms, you grant (and, where applicable, shall procure each Creator grants) TikTok and TikTok’s Affiliates, an exclusive, worldwide, non-transferable, sublicensable license to access and use any and all Deliverables solely for applicable paid media campaigns for the agreed usage period as specified in the applicable Creative Brief and/or directly within the TikTok One Platform, on the TikTok platform and/or on third party websites and applications through TikTok-affiliated ad networks.
d. You acknowledge that usage of TikTok One Creative Content outside of the usage described in this section (“Off-Platform Usage”) is not within the scope of the TikTok One Creative Services. TikTok hereby disclaims any liability and makes no guarantee, representation, or warranty regarding the Off-Platform Usage of TikTok One Creative Content including, without limitation, the use of any TikTok Commercial Content (as defined in the Commercial Terms) used therein or of the rights required to distribute, display, exhibit, or otherwise use the TikTok One Creative Content and any intellectual property or other right of any person or entity featured therein off-Platform. TikTok Commercial Content is owned by or licensed to TikTok. TikTok grants to you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide right to use the TikTok Commercial Content solely for applicable paid media campaigns for the agreed usage period as specified in the applicable Creative Brief and/or directly within the TikTok One Platform, on the TikTok platform and/or on third party websites and applications through TikTok-affiliated ad networks.
e. Nothing herein shall be construed as granting TikTok the right to sublicense or authorize any third parties to use the Deliverables except for applicable paid media campaigns on the TikTok platform and/or on third party websites and applications through TikTok-affiliated ad networks, and Creative Partner, or an applicable Creator shall retain all ownership rights in the Deliverables (with the exception of any Advertiser Assets incorporated in any Deliverables, the ownership of which will remain with the Advertiser).
f. The license set out in this section shall remain in effect for the agreed upon usage period specified in the applicable Creative Brief and/or directly within the TikTok One Platform. You acknowledge and agree that upon any termination of your TikTok One Account or these TikTok One Partner Terms, this license granted by you to TikTok in the Project Deliverables will automatically terminate; provided, however, that any then-existing sublicense of Deliverables shall remain in effect until the expiration date specified in the sublicense set out in the TikTok One Platform.
g. Creative Partner and/or Creator (as applicable) hereby authorizes TikTok to use any Deliverables which have been broadcast, published, distributed or otherwise made available to the public for purposes of promoting TikTok’s work and/or business, including, but not limited to, in client pitches, industry events, sizzle reels, showcases (including in connection with promotion of the TikTok One), marketing campaigns, or other TikTok services, websites or properties. TikTok will make commercially reasonable efforts to provide, but cannot guarantee, advance notice of such use to Creative Partner.
h. Creative Partner shall secure, or procure Creator to secure all necessary licenses, permissions, agreements, and clearances required for the use of any music in the Deliverable(s). Creative Partner shall be solely responsible for all fees related to any such license.
5. Payments
a. In consideration for the Partner Services rendered under these TikTok One Partner Terms, including but not limited to the creation and delivery of Deliverables, Creator management, project administration, and the grant of all necessary rights and licenses in and to the Deliverables, TikTok agrees to pay the Creative Partner a combined service and license fee (“Partner Fee”) for each Project, as set out in the applicable Creative Brief or as otherwise agreed in writing by you and TikTok. The Partner Fee shall be calculated and paid per the details set forth in your TikTok One Account. You acknowledge and agree that TikTok is solely responsible for the Partner Fee set out within the TikTok One Platform. As between you and TikTok, you are solely responsible for any fees due to you in excess of the Partner Fee including, without limitation, any overage fees. In no event shall TikTok be liable to you for any fees in excess of the Partner Fee or not related or applicable to these TikTok One Partner Terms.
b. 100% of Creative Partner’s Partner Fee will be due and payable within thirty (30) days of TikTok’s acceptance of the completed Partner Services by Creative Partner and upon TikTok’s receipt of an undisputed, valid invoice from Creative Partner. Acceptance shall be deemed when either (i) a Project is designated as ‘complete’ (or similar language) in the TikTok One Partner Product or (ii) as otherwise specified by TikTok in writing. The Partner Fee and applicable license(s) shall be considered fully paid upon TikTok’s remittance of the Partner Fee to the Creative Partner’s payment account (as set out in Section (g)(iii) below), and there shall be no royalty or other fee due for the license granted to TikTok herein.
c. Any Partner Fees you receive do not reflect or guarantee your entitlement to any future payment.
d. All payments due to Creative Partner hereunder, are and shall be inclusive of all direct or indirect local, state, federal or foreign sales, use, goods & services tax, value-added withholding or similar taxes, levies, and other governmental charges (collectively, “Taxes”), and Creative Partner shall be responsible for any and all Taxes (including any related penalties) resulting from any payments made hereunder. If TikTok is required to deduct or withhold Taxes from any payments made to Creative Partner and remit such Taxes to the local taxing jurisdiction, then TikTok shall have the right to withhold and remit such Taxes and pay to Creative Partner the remaining net amount after the Taxes have been withheld.
e. Unless stated otherwise in the TikTok One Partner Product or as otherwise agreed to in writing between Creative Partner and TikTok, you, and not TikTok, are solely responsible for all fees, commissions, and amounts owed to any applicable third parties (including Creators and other third parties) in connection with your participation in the TikTok One Partner Products or pursuant to these TikTok One Partner Terms, and no such payments can be made through the TikTok One Platform.
f. Your receipt of Partner Fees may be subject to terms, conditions, and policies between the applicable third-party payment service providers (“Third-Party PSPs”) and you (the “PSP Terms”). In such circumstances, you are fully responsible for any fees or other amounts charged or collected by the Third-Party PSPs in connection with the Partner Fees, which will be set forth in the PSP Terms. If you do not accept the PSP Terms, you may not be able to access the payment services provided by Third-Party PSPs integrated into the TikTok One Partner Products such that the TikTok One Partner Products enable you to access and use such payment services, including payment collection, processing, and settlement services (such integrated payment services “Payment Services”). As a condition of accessing or using any Payment Services provided by Third-Party PSPs integrated into the TikTok One Partner Products, you must accept and comply with application PSP Terms.
g. Payments Eligibility. To be eligible to receive Partner Fees, you must:
i. complete all applicable onboarding requirements with TikTok One (including onboarding requirements of third parties involved in the processing of Partner Fees, such as Third-Party PSPs), which may include providing government identification, tax reporting documentation, and other information. You confirm that such information is accurate, authentic, and complete and that you will promptly notify us of any changes to the information you have provided. Your failure to notify us of any applicable changes may result in the delay of Partner Fees or disqualification from receiving Partner Fees or participating in the TikTok One Partner Products;
ii. comply with these TikTok One Partner Terms, and any other requirements imposed, or terms applicable to, the receipt of Partner Fees provided to you in the course of your use of TikTok One; and
ii. provide at least one authenticated and valid digital payout account registered in your name that TikTok determines is eligible to receive Partner Fees, such as a bank account or PayPal account (“Payout Account”).
h. Payment Services
i. TikTok does not provide Payment Services. Your access to and use of any applicable Payment Services is provided by Third-Party PSPs and subject to the PSP Terms, which you shall accept to access and use such Payment Services. To the extent the specific sections of these TikTok One Partner Terms relating to the Payment Services conflict or are inconsistent with the PSP Terms, the PSP Terms will prevail only as it relates to the Payment Services.
ii. TikTok and/or its affiliates provide technology and communication services to enable Third-Party PSPs to provide Payment Services. Those technology and communication services include: (i) connecting you to Third-Party PSPs’ platforms to submit information related to your performance in connection with the TikTok One Partner Products to Third-Party PSPs; (ii) providing Third-Party PSPs with information about you, your business, and payments associated with your participation in the TikTok One Partner Products; (iii) providing Third-Party PSPs with instructions on your behalf; (iv) providing you with an interface to view transactional and/or account data associated with Payment Services provided by Third-Party PSPs; and (v) any other activity necessary to enable Third-Party PSPs to provide Payment Services.
iii. You acknowledge and agree that a Partner Fee or a portion thereof may be delayed, suspended, or terminated (including your ability to receive or access funds) (i) as required to comply with applicable laws and regulations, (ii) if you are in violation of these TikTok One Partner Terms, the Commercial Terms, the PSP Terms, or any other applicable TikTok terms or policies, or (iii) as otherwise consistent with PSP Terms. If a Third-Party PSP refuses to or otherwise fails to provide Payment Services to you, for any valid reason, you may become ineligible to use the Payment Services. TikTok will have no liability or responsibility to you in connection with any of the foregoing described actions or any other conduct of a Third-Party PSP.
iv. For the avoidance of doubt, you acknowledge and agree that although TikTok and/or any of its affiliates may provide technology and communication services as set out above to facilitate or support the Payment Services, any Payment Services that Third-Party PSPs provide to you will be provided by such Third-Party PSP in its own capacity (including through its other affiliates (other than TikTok) or partners), and TikTok and/or any of its affiliates are not acting as an agent or delegate of Third-Party PSPs with respect to such Payment Services. TikTok and/or any of its affiliates will not be liable to you for any losses suffered as a result of any breach, default, failure or delay by Third-Party PSPs under the PSP Terms or any other agreement that you enter into with Third-Party PSPs with respect to the Payment Services or otherwise.
i. Partner Fees. You acknowledge that:
i. Partner Fees owed to you in connection with the TikTok One Partner Products may be offset by any due and payable amounts that you owe in connection with these TikTok One Partner Terms (which include any and all amounts owed to TikTok and Third-Party PSPs associated with your participation in the TikTok One Partner Products or use of Payment Services). If you owe an amount that exceeds the amounts owed to you, you acknowledge and agree that you may not receive any Partner Fees until the outstanding balance is settled; and
ii. TikTok and Third-Party PSPs may set minimum or maximum thresholds of Partner Fees that you are eligible to receive to your Payout Account. These amounts may be set forth in the PSP Terms, or presented to you within the TikTok One Partner Products. You will only be eligible to receive payments if, at any given time, the total amount of Partner Fees accumulated complies with any such applicable minimum or maximum thresholds.
6. No Agency. Nothing in these TikTok One Partner Terms shall be construed as creating any agency, partnership, franchise, business opportunity, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for the other.
7. Representation, Warranty and Covenant. You hereby represent, warrant and covenant, and shall procure that any applicable Creators represent, warrant and covenant, that your use of TikTok One pursuant to these TikTok One Partner Terms:
a. will not infringe, misappropriate or violate any intellectual property or other right of any person or entity;
b. will be (a) free of viruses, Trojan horses, trap doors, backdoors, Easter eggs, logic bombs, worms, time bombs, cancelbots, and any other computer programming routine that may potentially damage, interfere with, intercept, disable, deactivate, or expropriate any TikTok or Advertiser system or assets,
c. will not invade, intrude on or violate any third party’s right of privacy, be false, defamatory or deceptive;
d. will include Partner Services being performed in a professional manner with the skill and expertise required to perform the applicable Creative Brief, including with respect to meeting any deadlines and specifications; and
e. will comply with, and direct distribution of any TikTok One Creative Content will comply with, and will not include content that is of the type or nature prohibited by: (i) the Branded Content Policy (if applicable), the Advertising Policies (if applicable), the Community Guidelines, the Intellectual Property Policy, the TikTok One Brand Code of Conduct (applicable to you) and other policies and guidelines that we may provide, each of which may be updated from time to time (collectively, the “TikTok Company Policy”); and (ii) all applicable laws, codes, regulations, regulatory guidance (e.g., regulatory guidelines regarding endorsements and testimonials in advertising), industry codes of practice, and self-regulatory principles (collectively, the “Applicable Laws”). You further represent, warrant and covenant that you have all rights, licenses, permits, qualifications and consents necessary to perform your obligations pursuant to these TikTok One Partner Terms.
8. Termination
a. Provided that TikTok acts reasonably, TikTok may terminate your participation in TikTok One and/or a Creative Brief at any time, with or without cause, effective immediately upon notice to you.
b. Except in relation to Creator Content at Scale campaigns, if you or TikTok terminate a Project or Creative Brief, the cancellation and refund terms detailed here will govern any payments or refunds that may be owed.
c. TikTok may terminate the TikTok One Partner Products Program at any time, without any liability to you (except as otherwise provided above) and does not guarantee the continued existence of the TikTok One Partner Products.
d. In the event that TikTok One Partner Products become unavailable or you are terminated from the TikTok One Partner Products in accordance with this section, the following sections shall survive termination or expiration of these TikTok One Partner Terms: Intellectual Property and License to Use; Representation, Warranty and Covenant; Indemnity; Insurance, and all other obligations which by their nature will continue beyond termination or expiration termination or expiration.
9. Indemnity.
a. In addition to your obligations under the Commercial Terms, you agree to defend, indemnify, and hold harmless TikTok and/or its affiliates from any and all claims, allegations, liabilities, costs, and expenses, including, reasonable attorneys’ fees and expenses, brought or asserted against TikTok and/or its affiliates arising out of, or relating in any way to: (i) your use of the TikTok One Partner Products, including the TikTok One Creative Content; or (ii) your breach or alleged breach of these TikTok One Partner Terms, including but not limited to an actual or alleged misappropriation or violation of a third party’s proprietary or intellectual property rights; (iii) any gross negligence or willful misconduct in by, for or on behalf of Creative Partner in providing and/or performing the Partner Services (“TikTok One Indemnified Claims”).
b. Without prejudice to Section 9(a) above, TikTok will notify you of any TikTok One Indemnified Claims it seeks to recover, and at your expense reasonably cooperate with you in defending such TikTok One Indemnified Claims. You may not settle any TikTok One Indemnified Claims that imposes any obligation or liability on TikTok and/or its affiliates without TikTok’s express prior written consent. TikTok may (at its own cost) choose to participate in the defense and settlement of the TikTok One Indemnified Claims.
10. Insurance.
a. If the entity you are contracting with is TT Commerce & Global Services, TikTok Inc., TikTok Mexico Tecnologia, S. de R.L. de C.V. or Bytedance Brasil Tecnologia Ltda. under these TikTok One Partner Terms, Creative Partner shall procure, as of the start of an applicable Project, insurance, in the amount, form and manner reasonable to cover Creative Partner's obligations pursuant to these TikTok One Partner Terms. Without limiting the foregoing, Creative Partner shall procure at least the following insurance: comprehensive general liability and errors and omissions insurance, each on an occurrence policy form, and each with policy limits equal to or greater than US$1,000,000 per occurrence (combined single limit) and US$2,000,000 in the aggregate, covering operations by or on behalf of Creative Partner, including coverage for (i) premises and operations, (ii) products and completed operations, (iii) broad-form contractual liability, (iv) broad-form property damage (including completed operations), and (v) personal injury liability/advertising injury. Creative Partner will keep all liability insurance coverage required by these TikTok One Partner Terms in effect for at least one (1) year after the expiration or termination of these TikTok One Partner Terms. All policies, if any, providing insurance on a "claims made" basis will provide coverage applicable to loss or damage arising out of acts or injuries that occur at any time that liability insurance is required to be maintained by Creative Partner. In no event will Creative Partner's insurance limit or diminish in any way Creative Partner's obligations or liability to TikTok under these TikTok One Partner Terms. If Creative Partner is located outside the US, any reference to US dollars shall have the meaning of the equivalent amount in local currency.
b. If the entity you are contracting with is TikTok Information Technologies UK Limited under these TikTok One Partner Terms, Creative Partner shall carry public liability insurance and professional indemnity insurance ("Insurance Polices"). Creative Partner shall provide TikTok, upon request, its certificate of insurance for public liability insurance and giving details of the cover and policy, which must have a limit of not less than One Million Pounds Sterling (£1,000,000) per occurrence and claim and Two Million Pounds Sterling (£2,000,000) in the aggregate. Creative Partner shall also provide a certificate of insurance for professional indemnity insurance giving details of the cover and policy with a limit of not less than One Million Pounds Sterling (£1,000,000) per occurrence and claim and Two Million Pounds Sterling (£2,000,000) in the aggregate. All such insurance shall not be cancelled or materially reduced without thirty (30) days prior written notice to TikTok. In no event shall the limits of any policy be considered as limiting the liability of Creative Partner under these TikTok One Partner Terms. The Creative Partner shall not do or omit to do anything to invalidate the cover under any of the Insurance Policies.
c. If the entity you are contracting with is TikTok Pte. Ltd. under these TikTok One Partner Terms, Creative Partner shall carry commercial general liability and, if applicable, worker's compensation insurance as required by law, together with employer’s liability insurance coverage and professional errors and omissions liability insurance coverage. Unless otherwise agreed between Creative Partner and TikTok, Creative Partner shall provide TikTok, upon request, with a certificate of insurance evidencing the commercial general liability insurance policy limits, including premises liability, completed operations/products, if applicable, and contractual liability not less than One Million US Dollars (US$1,000,000) combined single limit per occurrence for bodily injury, death and property damage liability and Two Million US Dollars (US$ 2,000,000) in the aggregate. Unless otherwise agreed between Creative Partner and TikTok, Creative Partner shall provide TikTok, upon request, with a certificate of insurance evidencing professional errors and omissions liability insurance limits of not less than (i) One Million US Dollars (US$ 1,000,000) per claim and (ii) Two Million US Dollars (US$ 2,000,000) in the aggregate. All such insurance shall not be cancelled or materially reduced without thirty (30) days prior written notice to TikTok. In no event shall the limits of any policy be considered as limiting the liability of Creative Partner under these TikTok One Partner Terms.
11. Anti-Corruption and Trade Control.
a. Creative Partner, its affiliates or any of its shareholders, directors, supervisors, executives, employees and third parties acting on its behalf (e.g. agents, consultants, service providers) (collectively the “Associated Parties”) shall not request, accept, offer or give any off-books commission, improper gift or other financial benefit or inducement from or to any employee of TikTok, or any other person in connection with these Terms. If any party becomes aware of any suspected or alleged acceptance or provision of such improper benefits in connection with these TikTok One Partner Terms, it shall immediately notify the other party with details of such incident.
b. Creative Partner and its Associated Parties shall be solely responsible for complying with the anti-bribery or anti-corruption related laws or regulations that are applicable to business and transactions of the parties to these Terms (the “Anti-Corruption Laws”) and shall not take any actions, which may subject TikTok, its affiliates and its employees to liability under the Anti-Corruption Laws.
c. The parties agree that any non-compliance of the Creative Partner, even partial, which TikTok reasonably believes may result in adverse consequences for TikTok, shall be considered a material breach under these TikTok One Partner Terms and, as a consequence, shall entitle TikTok, by serving notice, to immediately terminate these TikTok One Partner Terms and Creative Partner’s participation in the TikTok One Partner Products and be released from all obligations to pay consideration thereunder.
d. In performing the TikTok One Partner Terms, each party agrees to comply with all applicable trade, economic, and financial sanctions laws and regulations, including, without limitation, those administered and enforced by the United States, the European Union, the United Kingdom, the United Nations or other applicable government authorities (collectively, "Trade Controls"). Each party represents that it is not: (1) organized or resident in a country or territory that is the target or subject of comprehensive sanctions or trade embargoes; (2) the target or subject of any applicable Trade Controls, including, without limitation, a person whose property or interests in property is blocked or frozen, or who is designated on OFAC's Specially Designated Nationals and Blocked Persons (SDN) List; or (3) owned or controlled by, or acting for or on behalf of, one or more persons described in (1) or (2) above, ((1), (2), and (3) collectively, "Sanctioned Parties"). Should either party become a Sanctioned Party, or should either party reasonably determine that it cannot perform its obligations under these TikTok One Partner Terms due to prohibitions under applicable Trade Controls, either party may terminate these TikTok One Partner Terms upon written notice to the other Party.
12. Personal Data and Privacy
a. Without limitation on any restrictions in relation to your processing of Personal Data set out elsewhere in these TikTok One Partner Terms or other applicable terms, you shall process all Personal Data that you receive in connection with your access to or use of the TikTok One Partner Products in accordance with your obligations under Privacy Laws. “Privacy Laws” means all applicable privacy, data protection, and marketing communications (e.g., email, telephone, SMS marketing, or telemarketing) laws, regulations, and regulatory guidance, including (but not limited to) the General Data Protection Regulation, EU 2016/679 (“GDPR”) and any applicable Privacy Laws in the United Kingdom (“UK”) (including UK GDPR or the UK Data Protection Act 2018), United States, and other regional privacy laws. “Personal Data” means “personal data”, as such a term or similar term (such as “personal information”) is defined, or otherwise interpreted, under Privacy Laws. Without prejudice to the foregoing:
b. You agree to provide Creators with information about your processing activities and how Creators can exercise their rights as holders of Personal Data.
c. You agree to obtain any required consents in relation to your processing activities.
d. You agree to implement appropriate technical and organizational measures to ensure an adequate level of security for the Creator’s Personal Data.
e. You agree to inform TikTok of any personal data breaches, regulatory enquiries or investigations, litigation or threatened litigation that occur in relation to a Creator’s Personal Data that you control.
f. You agree to assist TikTok with any queries, investigations, litigation or threatened litigation that may arise regarding a Creator’s Personal Data raised by a supervisory authority and/or a Creator.
g. If you obtain a Creator’s Personal Data through or otherwise in connection with the TikTok One Partner Products, you agree to only use such Personal Data for the purpose of engaging a Creator to create TikTok One Creative Content or to provide other services in connection with the TikTok One Partner Products.
h. The TikTok Analytics Joint Controller Addendum applies when TikTok collects Personal Data about user interactions with TikTok One Creative Content (e.g. views, likes, comments and shares) to provide you with reporting about the performance of such content in connection with the TikTok One Partner Products. Such Personal Data is subject to the Privacy Laws, and you jointly determine with TikTok the means and purposes of the processing.
13. Anti-Money Laundering and Fraud.
a. Creative Partner represents, warrants, and covenants that it will refrain from violating any applicable anti-money laundering laws, as well as any laws relating to fraud, including:
i. laws prohibiting disguising the proceeds of crime and moving value using trade transactions to legitimize illicit origins; and
ii. laws prohibiting fraudulent activity, including misrepresentation, false statements, identity theft, unauthorized use of payment instruments, or any other deceptive practices intended to secure an unlawful gain or cause loss to another party.
b. Creative Partner agrees to provide information regarding their business and ownership information (often referred to as “know-your-customer” information) within 30 days following a request by TikTok. This information may include: beneficial ownership information for corporate entities; full legal name, date of birth, and addresses for relevant individuals; and copies of government-issued identification documents.
c. Advertiser will keep and maintain complete and accurate records in connection with its performance under this agreement. Advertiser will retain these records for at least seven years after final payment associated with this Agreement.
d. Creative Partner agrees to facilitate know-your-customer information for any Advertisers or Creators that contract with or through Creative Partner in connection with this agreement within 30 days following a request by TikTok. This information may include copies of national identification documents of individuals identified during our know-your-customer processes. TikTok will not make such a request more than once a year per Advertiser or Creator, except if TikTok has reasonable suspicion that there has been a breach of this section.
e. Creative Partner agrees to provide information on financial transactions between Creative Partner and any Advertisers and Creators in connection with this agreement on a monthly basis as requested by TikTok. This information will be provided in the form and manner as requested by TikTok.
f. If TikTok has reason to believe that a breach of this Section 10 (Anti-Money Laundering and Fraud) has occurred or will occur, TikTok will have the right to audit Creative Partner’s books and records insofar as they relate to the performance of this Agreement and to suspend its performance under this Agreement without any liability to Creative Partner until reasonably satisfied that no breach has occurred.
14. Modifications. TikTok may modify these TikTok One Partner Terms from time to time in accordance with Section 15.1 of the Commercial Terms.
