1.Acceptance of Terms
These Terms of Service (the "Terms") constitute a legally binding agreement between SOOMI LIMITED, a company incorporated in Hong Kong (the "Company", "we" or "us"), and you (the "User", "Advertiser" or "Publisher"). By registering an account or using the CakeGrowth platform services (the "Services"), you agree to be bound by these Terms.
2.Description of Services
CakeGrowth is an online affiliate marketing platform that facilitates cooperation between SaaS providers ("Advertisers") and promoters who market such products ("Publishers", also referred to as "Affiliates"). We act solely as a matching intermediary and do not participate in any direct employment or agency relationship between Advertisers and Publishers.
3.Account Registration and Security
Accuracy: you agree to provide true, accurate and up-to-date information at registration, and to complete real-name/entity verification as required by the platform and applicable law.
Security: you are responsible for safeguarding your account credentials. You must notify us immediately upon discovering any unauthorized use of your account.
Eligibility: you represent that you are at least 18 years old and have the authority to accept these Terms on behalf of your organization.
Advertiser onboarding: Advertiser accounts are opened on a review basis. An applicant submits an onboarding request via [email protected] with company and product information; upon approval by our team (typically within 1–3 business days), a dedicated Advertiser account is created and the promotional program is configured and published together with our account managers.
4.Obligations and Code of Conduct
4.1 Advertiser Obligations
Content compliance: you warrant that your software, landing pages and marketing materials comply with all applicable laws and regulations — including, where the promotion is directed at mainland China, the Advertising Law, the Anti-Unfair Competition Law and the Measures for the Administration of Internet Advertising of the PRC — and do not infringe any third-party rights.
Payment obligations: you agree to pay commissions on all valid referrals in accordance with the agreed placement orders, platform rates or custom agreements between you and the Publishers, and to settle each monthly statement in a timely manner so as to maintain sufficient funds in your settlement account.
Tracking requirements: you must keep the tracking pixels/integrations functioning properly. Removing or tampering with tracking functionality to evade commission payments constitutes grounds for immediate termination.
4.2 Publisher Obligations
Traffic standards: fraudulent traffic (bots), cookie stuffing, spam (email/SMS), misleading users, and unauthorized bidding on restricted keywords (brand bidding) are strictly prohibited.
Disclosure requirements: where the promotion is directed at mainland China, you must comply with the Advertising Law and the Measures for the Administration of Internet Advertising of the PRC regarding ad identifiability, and prominently label promotional content as an "advertisement".
License: you are granted a limited, non-exclusive license to use the Advertiser's creative materials solely for promoting the specific products/services on the platform.
5.Commissions and Payments
(a) Eligibility for Commissions
You are entitled to commissions as agreed for valid paid orders of the Advertiser generated through your compliant promotion. You are not entitled to commissions for orders arising from your non-compliant promotion, or orders determined by the Advertiser to be invalid (e.g., user refunds, fraudulent transactions).
(b) Settlement Mechanism (Monthly Statements and Account Funding)
The platform generates a statement for each Advertiser on a calendar-month basis, setting out valid conversions, commissions payable and platform service fees. The Advertiser initiates payment of the statement in the console (with payment proof where applicable); after the platform verifies receipt, the funds are credited to the Advertiser's account and applied to settle the statement. Advertisers must maintain sufficient funds to ensure the normal settlement of promotional fees.
(c) Commission Confirmation and Crediting
The reconciliation cycle is the calendar month.
Each month, the Advertiser confirms commissions from the previous calendar month that have passed the refund period.
Once the corresponding statement is settled, the confirmed commissions are credited to the Publisher's account and converted into "withdrawable commissions"; portions that have not passed the refund period, have not been confirmed, or whose statement remains unsettled are temporarily non-withdrawable.
(d) Withdrawal Rules
Withdrawal threshold: the withdrawable commission balance for a single withdrawal must be no less than RMB 100; amounts below the threshold may be accumulated for future withdrawals.
Withdrawal window: you may submit a withdrawal request between the 15th and 20th of each month, withdrawing the entire withdrawable commission balance in your account at once.
Withdrawal channels: individual Publishers are settled through a third-party payment platform designated by the platform; enterprises and individual industrial and commercial households are settled through corporate bank transfer. Only one channel may be used for each withdrawal, and you must truthfully select the channel and provide the corresponding payment information in the console.
Payment timing: after the platform approves the withdrawal requests for the current period, payment will be completed around the 25th of the same month; the actual arrival time is subject to the rules of the receiving channel.
(e) Invoices and Taxes
The withdrawing party shall issue valid invoices or other payment documents for the commissions received as required by applicable law, and any taxes arising from such commissions shall be borne by the withdrawing party (you).
For individual Publishers settled through a third-party payment platform, the relevant taxes will be withheld and remitted by such platform in accordance with applicable law.
Other fees incurred in receiving commissions (such as bank transfer fees) are borne by you and may be deducted by us from the commissions payable.
(f) Commission Calculation Standard
Commission models are agreed on a per-program basis between the Advertiser and the platform: under a CPS model, commissions are calculated at the agreed rate of the valid transaction amount actually paid by the referred user; under a CPA model, commissions are calculated at the agreed amount or rate per valid conversion. Where a user upgrades their plan, the commission is calculated based on the actual amount paid after the upgrade at the corresponding rate; where a user requests a refund, the commission for the corresponding order will be deducted or excluded.
(g) Commission Adjustment and Clawback
Amounts that have been consumed — that is, amounts settled on a monthly statement — are fees for services already rendered and are non-refundable. Adjustments for order refunds, data corrections or retroactive tracing of non-compliant promotion are made only before the relevant statement is settled; once a statement is settled, the corresponding amounts are final.
(h) Refund of Advertiser Balance
An Advertiser who wishes to refund its unused account balance may contact customer service ([email protected]) to apply; after verification that there are no unsettled fees or outstanding statements, the balance will be refunded in full via the original payment route. An insufficient balance in an Advertiser's account may affect the normal operation of promotional activities.
6.Intellectual Property
Platform IP: all rights in the CakeGrowth platform, code and technology are owned by the Company.
User IP: Advertisers retain ownership of their brands and creative materials; by uploading materials, an Advertiser grants the Company and the Publishers a license to display such materials for marketing purposes.
7.Disclaimers
To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis, and we do not warrant that the Services will be uninterrupted, error-free or virus-free. This clause does not affect the statutory rights granted to users by laws and regulations.
8.Limitation of Liability
To the maximum extent permitted by law, our aggregate liability to you for all claims arising out of these Terms shall not exceed the amount you actually paid to us for the Services (or the amount we retained as fees) in the twelve (12) months preceding the event giving rise to the claim.
9.Indemnification
You agree to indemnify the Company against any claims, liabilities, losses and expenses (including reasonable attorneys' fees) suffered by the Company as a result of your breach of these Terms, your violation of law, or your infringement of third-party rights.
10.Termination
Termination at will: either party may terminate this agreement by written notice.
Termination for breach: if you breach these Terms (e.g., fraudulent conduct), we may immediately suspend or terminate your account without prior notice. Upon termination for fraud, all unpaid commissions will be forfeited.
11.Governing Law and Dispute Resolution
Governing law: these Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong").
Dispute resolution: disputes arising out of or in connection with these Terms or the Services shall first be resolved through friendly negotiation; if negotiation fails, either party may submit the dispute to the competent courts of Hong Kong.
12.General Provisions
Severability: if any provision of these Terms is held invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Assignment restrictions: you may not assign your rights or obligations under these Terms without our written consent; we may assign these Terms.
Data storage and personal information: your data is stored at the Alibaba Cloud (Guangzhou) node in mainland China. We process your personal information in accordance with the Personal Information Protection Law, the Data Security Law and the Cybersecurity Law of the PRC; where cross-border access or transfer is required, we will comply with the applicable PRC cross-border data transfer requirements. Please refer to the Privacy Policy for details.