TikTok One Partner Terms of Service

TIKTOK ONE CREATIVE SUITE PARTNER TERMS OF SERVICE

Date: April 2025

1. Introduction

1.1 These TikTok One Creative Suite Partner Terms of Service, including any additional policies, guidelines, or other terms referenced herein, (“TikTok One Partner Terms”) govern your (“you” or “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 and incorporate the Commercial Terms for all legal purposes.

1.2 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. Notwithstanding the foregoing, you and TikTok and/or its affiliates may enter into separate agreements governing the provision of content deliverables and services, such as a “Master Creative Services Agreement” and/or Statement of Work, that may be provided or delivered in connection with a TikTok One Partner Product (“Other Agreements”). Such Other Agreements will apply in addition to these TikTok One Partner Terms.

1.3 The TikTok One Partner Products are “Commercial Products” under the Commercial Terms. The TikTok One Partner Products may enable you to collaborate with TikTok’s advertisers (“Advertisers”) to create content promoting brands (“Campaign Deliverables”), share information about you with Advertisers, receive payment, manage content creators (“Creators”), and otherwise provide certain creative services to TikTok and Advertisers (collectively, “Partner Services”). 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.

1.4 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. License to Use

2.1 If you are a Partner based in the United States receiving a License Payment (defined below) through your TikTok One Account, the license terms in this clause 2 will apply. For all other Partners, the licensing terms set out in Other Agreements governing your use of TikTok One as between you and TikTok shall apply.

2.2 Subject to your compliance with these TikTok One Partner Terms, you grant (and shall procure each Creator grants where applicable) TikTok, TikTok’s Affiliates, and Advertiser an exclusive, worldwide, non-transferable, sublicensable license to access and use any and all Campaign Deliverables solely for Advertiser paid media campaigns for the agreed usage period as specified in the applicable rate card or campaign brief, and for any related advertising, promotional, or similar use on the TikTok platform and/or on third party websites and applications through TikTok-affiliated ad networks.

2.3 Nothing herein shall be construed as granting TikTok the right to sublicense or authorize any third parties to use the Campaign Deliverables except for Advertiser paid media campaigns, and any related advertising, promotional, or similar use on the TikTok platform and/or on third party websites and applications through TikTok-affiliated ad networks, and Partner (or Creator(s)) shall retain all ownership rights in the Campaign Deliverables (with the exception of any content provided by an Advertiser that is incorporated in any Campaign Deliverables, the ownership of which will remain with the Advertiser).

2.4 Pursuant to the license granted to TikTok, TikTok and any sublicensee shall (a) keep intact any and all Campaign Deliverables; and (b) make no modifications to or derivative works of the Campaign Deliverables, or allow or assist any third-party to do so, except as agreed in writing.

2.5 The license set out in this Section 2 shall remain in effect for the duration of these TikTok One Partner Terms. 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 Campaign Deliverables will automatically terminate; provided, however, that any then-existing sublicense of Campaign Deliverables shall remain in effect until the expiration date specified in the sublicense.

3. Payments

3.1 If you are a Partner based in the United States receiving a License Payment (defined below) through your TikTok One Account, the payment terms in this clause 3 will apply. For all other Partners, the payment terms set out in Other Agreements governing your use of TikTok One as between you and TikTok shall apply.

3.2 In consideration of the license rights granted to TikTok to access and use the Campaign Deliverables pursuant to these TikTok One Partner Terms and unless otherwise agreed to by you and TikTok in an applicable Other Agreement, TikTok agrees to pay Partners a license fee for each Campaign Deliverable that is sublicensed to a third party (“License Payment”).

3.3 The License Payment 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 License Payment identified by the Advertiser or other applicable third-party within the TikTok One Platform. As between you and TikTok, you are solely responsible for any fees due to you in excess of the License Payment including, without limitation, any overage fees. In no event shall TikTok be liable to you for any fees in excess of the License Payment or not related or applicable to these TikTok One Partner Terms.

3.4 The license shall be considered fully paid upon payment of the License Payment, and there shall be no royalty or other fee due for the license granted to TikTok herein.

3.5 Any License Payments you receive do not reflect or guarantee your entitlement to any future payment.

3.6 You, and not TikTok, are solely responsible for all fees, commissions, and amounts owed to 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 we may not permit such payments to be made through the TikTok One Partner Products.

3.6.1 Your receipt of License Payments may be subject to terms, conditions, and policies between the applicable third-party payment service providers (“Third-Party PSPs”) and you (the “PSP Terms”). You are fully responsible for any fees or other amounts charged or collected by the Third-Party PSPs in connection with the License Payments, 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”).

3.7 Payments Eligibility. To be eligible to receive License Payments, you must:

3.7.1 complete all applicable onboarding requirements with TikTok One (including onboarding requirements of third parties involved in the processing of License Payments, 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 License Payments or disqualification from receiving License Payments or participating in the TikTok One Partner Products;

3.7.2 comply with these TikTok One Partner Terms, and any other requirements imposed, or terms applicable to, the receipt of License Payments provided to you in the course of your use of TikTok One;

3.7.3 provide at least one authenticated and valid digital payout account registered in your name that TikTok determines is eligible to receive License Payments, such as a bank account or PayPal account (“Payout Account”); and

3.7.4 if applicable, review and agree to the PSP Terms applicable to your jurisdiction.

3.8 Payment Services

3.8.1 TikTok does not provide Payment Services. Your access to and use of the Payment Services is subject to the PSP Terms.

3.8.2 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.

3.8.3 You acknowledge and agree that a License Payment 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, Other Agreements, 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.

3.8.4 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 under above Section 3.8.2 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.

3.9 License Payments. You acknowledge that:

3.9.1 License Payments 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 License Payments.

3.9.2 TikTok, Advertisers, and Third-Party PSPs may set minimum or maximum amounts of License Payments that you are eligible to receive to your Payout Account, which may be set forth in the PSP Terms, Other Agreements including, without limitation, an applicable Agreement between you and Advertiser, or presented to you in the TikTok One Partner Products. You will only be eligible to receive payments if the total amount of License Payments accumulated complies with any such applicable minimum or maximum amounts.

4. 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.

5. Limitations on Liability. Without prejudice to Section 13 of the Commercial Terms, TikTok will have no liability or responsibility for, or involvement in, any disputes or claims between you and any applicable Advertisers and/or Creators or other third parties arising from or relating in any way to the TikTok One Partner Products or these TikTok One Partner Terms.

6. Representation, Warranty and Covenant. You hereby represent, warrant and covenant that your use of TikTok One pursuant to these TikTok One Partner Terms: (i) will not infringe, misappropriate or violate any intellectual property or other right of any person or entity; (ii) will be 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, (iii) will not invade, intrude on or violate any third party’s right of privacy, be false, defamatory or deceptive; and (iv) will not violate the Branded Content Policy (if applicable), the Community Guidelines, the Intellectual Property Policy, other policies and guidelines that TikTok may provide, each of which may be updated from time to time, and 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, “Platform Policies”). 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.

7. Indemnity.

7.1 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; or (ii) your breach or alleged breach of these TikTok One Partner Terms (“TikTok One Indemnified Claims”).

7.2 Without prejudice to Section 7.1 of these TikTok One Partner Terms, 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.

8. Modifications. TikTok may modify these TikTok One Partner Terms from time to time in accordance with Section 15.1 of the Commercial Terms.