Anti-Commercial Bribery. 20.1 The Parties understand and are willing to strictly abide by the laws and regulations of the PRC, and are also aware that any forms of bribery or corruption will violate the law and be severely punished.
20.2 No Party shall request, accept, offer or provide any benefits other than those agreed hereunder to the other Party or its agent or other related personnel, including but not limited to any express or implied deduction, cash, shopping card, benefit in kind, securities, travel or other non-material benefits. Any benefits falling within industry or normal practices shall be expressly stated in the Agreement.
20.3 The Parties shall prohibit their agents from any commercial bribery. If any agent of any Party commits any actions stated in paragraph 2 of this Article, it shall be deemed as in violation of company regulations and shall be punished according to company regulations and national laws.
20.4 The Parties are opposed that any Party or its agent commits any actions stated in paragraph 2 of this Article with any third parties other than Parties hereto for the purpose of the Agreement. Any such actions are in violations of and will be punished by national laws.
20.5 If any Party or its agent violates the provisions of paragraphs 2, 3 or 4 above and causes losses to the other Party, such losses shall be borne by the violating Party.
20.6 For the purpose of this Article, Other Related Personnel refers to persons (other than agents of the Parties) who are directly or indirectly interested in the Agreement, including but not limited to relatives and friends of such agent.
Anti-Commercial Bribery. In order to protect the legitimate rights and interests of the parties, ensure that the business transactions between the parties conform to the principles of integrity and fair trade, focus on establishing a long-term friendly business partnership between the parties, and promote the sound development of the relationship between the parties, after friendly consultation between the parties, the following terms have been reached:
1. Commercial bribery referred to in this article refers to the fact that in the cooperation between the parties, Party B or its employees give, promise, induce, request or accept all material and spiritual direct or indirect improper benefits to or from any person, including but not limited to Party A's employees, or influence and/or attempt to influence any person's behavior or decision in his or her position, or improper acquisition and retention of business.
2. Party B or its employees shall not provide, give, promise, induce, demand or accept (gift or non fair value) any direct or indirect benefits outside the scope of cooperation business to Party A's employee, affiliated person or any third party in the name of Party B or individuals, including but not limited to: explicit discounts, hidden discounts, cash, shopping cards, physical objects, securities, tourism, shares, dividends, gifts, entertainment tickets, special discounts or samples, travel, catering, entertainment, cooperation business derivative benefits or other material and non-material benefits paid by Party B.
3. Conflicts of interest mentioned in the Agreement: including but not limited to (1) Party B or its employees shall not provide any form of borrowing to Party A's employees and their affiliates; (2) If Party B's shareholders, supervisors, managers, senior managers, cooperation project leaders and project members are employees of Party A or its affiliates, Party A shall be truthfully and comprehensively informed in writing before cooperation and voluntarily recuse; (3) In the course of cooperation, Party B or its employees shall not allow Party A's employees and their spouses to hold or hold the equity of Party B by a third party on behalf of Party B (except for shares held through public stock exchanges with less than 0.1% of the outstanding equity, through direct or indirect holding of funds without actual control, or through trusts whose beneficiaries are not themselves or related personnel). Party B is obliged to disclose to Party A any conflict...
Anti-Commercial Bribery. Anti-commercial bribery clause is a necessary annex to this Agreement and has the same legal effect as this Agreement. The parties hereto agree to sign and abide by the following provisions on anti-commercial bribery:
1. The parties hereto are aware and willing to strictly abide by the relevant laws and regulations of the People’s Republic of China on anti-commercial bribery, and are aware that any form of bribery may violate the law and be severely punished by law.
2. Neither party hereto shall ask, accept, offer or give to the other party or the other party’s personnel or other relevant personnel any benefits not agreed herein, including but not limited to explicit discount, hidden deduction, cash, gift cards, physical goods, negotiable securities, travel or other non-material benefits. However, if such benefits comply with industry practices or common practices, they shall be expressly stated in this Agreement.
3. [*****] strictly prohibits any commercial bribery (including offering and accepting bribes) by its personnel. Any of the acts listed in paragraph 2 of this article committed during or after the signing and performance of this Agreement by the personnel of [*****] shall be in violation of the system of [*****], and the other party and its staff shall be obliged to report the relevant personnel and acts to [*****] by calling [*****] or contacting [*****], or by E-mail: [*****].
4. If the other party hereto violates this Agreement by offering bribes to the personnel of [*****] for the purpose of obtaining direct or indirect business benefits (including but not limited to cooperation opportunities and contractual benefits), such party shall be deemed to have breached this Agreement. [*****] shall have the right to terminate this Agreement and/or require such party to pay liquidated damages equivalent to 10% of the total contract price, which may be directly deducted from the contract price to be paid. If the termination causes other losses to [*****], the breaching party shall also compensate for such losses in accordance with this Agreement. If such party actively cooperates in the investigation and punishment of the person who accepts commercial bribes, [*****] may reduce or cancel the corresponding liquidated damages. If the commercial bribery of the relevant personnel constitutes a crime, it shall be transferred to the judicial organ for handling, and the parties shall actively cooperate with the judicial organ for handling.
5. [*****] also ob...
Anti-Commercial Bribery. 9.1. Each Party shall not, and shall ensure its Representatives will not to, directly or indirectly, engage in any activity of commercial bribery; or provide any unjustified interests in any form including cash, cheque, credit card gifts, negotiable securities (including bonds and stocks), physical objects (including all kinds of high-end household goods, luxury consumer goods, handicrafts and collections, as well as housing, vehicles and other commodities), entertainment coupon, membership card, currency or rebate in the form of goods, kickback, non-property interests such as schooling, honor, special treatment, and employment for relatives and friends, traveling, entertaining and personal service to any Representative of the other Party in order to obtain, entice or commence any immediate or future business opportunity with the other Party, regardless of whether such actions are in response to explicit or implicit request of the other Party or the Representatives of the other Party. In the event of a breach of this Article, the non-breaching Party shall be entitled to terminate this Agreement and any other existing business cooperation with the breaching Party.
Anti-Commercial Bribery. 13.1 Both Party A and Party B hereby guarantee to eradicate all kinds of commercial bribery to prevent it from hindering the normal cooperation between both Parties.
13.2 Neither Party A nor Party B shall claim, accept, provide or give any benefit other than those stipulated herein, including but not limited to kickback, hidden kickback, cash, shopping cards, physical objects, negotiable securities, tourism or other intangible interests, etc. to the other Party or any of its directors, officers, employees or other related persons.
13.3 Both Parties shall strictly prohibit their respective directors, executives, employees or other related persons form committing any commercial bribery.
13.4 Party A and Party B hereby represent and warrant respectively that it (or any of its representatives) did not, or will not, give, offer or promise to give cash or any valuables to any staff member of the other Party or any intermediary (including but not limited to agents or relatives and friends of the foregoing persons) for the purpose of obtaining or retaining any business or commercial interests in connection with this Contract.
13.5 In case of any loss suffered by the other Party due to either Party (or any of its directors, officers, employees or other related persons)’s violation of Articles 13.2, 13.3 and 13.4 above, such Party shall be liable for compensate the other. The term “other related persons” as mentioned in this article refers to those who have direct or indirect interests with a Party except for the directors, officers and employees of that Party, including but not limited to relatives and friends of the said persons.
Anti-Commercial Bribery. 17.1 Both Party A and Party B understand and are willing to strictly comply with the laws and regulations on anti-commercial bribery of the People’s Republic of China, and both parties are aware that offering or taking bribes in any form will violate the laws and be subject to the severe punishment by the laws.
17.2 Neither Party A nor Party B shall solicit, accept, offer or give any benefit not agreed hereunder from the other party or its person in charge or other relevant personnel, including but not limited to express discount, hidden discount, cash, coupon, bank cards deposited with savings, membership cards deposited with money, token cards (vouchers), tangible goods, negotiable securities, tour, inspection or other non-material benefit; however, if such benefit is common practice or custom of this industry, it shall be expressly stated herein.
17.3 Party B strictly forbids its person in charge from committing any commercial bribery. Any act set forth in Article 17.2 that is conducted by Party B’s person in charge is a violation of Party B’s internal system and shall be investigated and affixed responsibility pursuant to its internal system.
17.4 Party B seriously declares that, Party B objects to any act set forth in Article 17.2 herein that is conducted by Party A or Party A’s person in charge involving any third party beyond this contract for the purpose of performing this contract. All such acts are violation of state laws and will be subject to punishment pursuant to state laws.
17.5 If either party or its person in charge violates the foregoing provisions of Article 17.2, Article 17.3 and Article 17.4., which cause loss to the other party, such party in breach shall undertake liability for compensation for damages.
17.6 “Other relevant personnel” herein refer to persons having direct or indirect interest with this contract, other than Party A or Party B’s person in charge.
Anti-Commercial Bribery. 9.1 Under this Agreement, Party B and its staff shall not engage in any commercial bribery, i.e. the act of giving Party A’s staff properties or other benefits in order to obtain Party A’s immediate or future Service Orders or to form any other commercial cooperation relationship.
9.2 Property stipulated in Article 9.1 refers to cash and physical objects, including, but not limited to, money, gifts, negotiable securities (including bonds and stocks), physical objects (including all kinds of high-end household goods, luxury consumer goods, handicrafts and collections, as well as housing, vehicles and other commodities), or property paid to Party A’s staff in the form of reimbursement for various fees. Other interests stipulated in Article 9.1 include, but not limited to, property interests such as tourism, entertainment preferences, debt relief, loan and guarantee, and non-property interests such as schooling, honor, special treatment, and introducing relatives and friends to work with Party B.
9.3 The way in which Party B provides property and other interests mentioned in Article 9.1 includes giving to Party A’s staff on Party B’s own initiative, and giving passively after Party A’s staff members explicitly or implicitly express such needs.
9.4 If Party A’s staff requests Party B to give any form of improper interests, Party B shall provide relevant evidence to Party A in time and cooperate with the investigation of relevant staff as Party A requires.
Anti-Commercial Bribery. In order to protect the legal rights and interests of the parties to the cooperation and ensure that the business dealings between the parties comply with the principles of good faith and arm’s length transaction, and with a view to establishing a long-term amicable business partnership between the parties and promoting the good development of the relationship between the parties, the parties, through amicable negotiation, agree as follows:
1. For the purpose of this article, Commercial Bribery means any material and spiritual, direct or indirect, Improper Advantages given to employees of Party A by Party B or its employees so that Party B obtains cooperation and benefits of cooperation with Party A.
Anti-Commercial Bribery. Where the Merchant or any of its employees, shareholders, legal representatives, actual controllers or affiliates provides any employee or consultant of Tmall or its affiliates with physical objects, cash, cash equivalents, labor, trips, or other interests with a value significantly above that required for normal contact, it may be deemed that the Merchant is engaged in the act of offering commercial bribes. In case of the above circumstances, Xxxxx may forthwith terminate all cooperation relationship with the Merchant (including but not limited to cooperation based on this Agreement) and collect liquidated damages and/or compensation from the Merchant. The liquidated damages shall be subject to the provisions of Tmall rules, and the amount of compensation shall be calculated based on the economic losses and loss of business reputation suffered by Xxxxx as a result of the Merchant’s bribery.
Anti-Commercial Bribery. 5.1 Both parties are aware of and willing to strictly abide by legal provisions of the People’s Republic of China on anti-commercial bribery, and both parties understand that bribery and corruption in any form will violate the law and will be severely punished by the law.
5.2 Both parties shall not ask for, accept or offer any interest other than those stipulated in the Agreement from the other party or the handling personnel or other relevant personnel of other parties, including but not limited to explicit deduction, hidden deduction, cash, shopping card, physical objects and negotiable securities, tourism or other non-material interest. Where such interest is customary in the industry, it shall be expressly stated in this Agreement.
5.3 Party A shall strictly prohibit any commercial bribery of the handling personnel of Party A, and the occurrence of any of the behaviors listed in Article 5.2 by such handling personnel is in violation of Party A’s company system, and shall be punished by Party A’s company system and national laws.
5.4 Party A solemnly prompts: Party A objects to any behavior listed in Article 5.2 between Party B and the handling personnel of Party A and any third party for the purpose of this Agreement. Such behaviors are in violation of national laws and shall be punished by national laws.
5.5 If one party or one party’s handling personnel causes any loss to the other party due to its violation of the provisions of Articles 5.2, 5.3 and 5.4 above, he or she shall be liable for damages.
5.6 In this Article V, “other relevant persons” refer to persons other than the handling personnel of Party A who has a direct or indirect interest relationship with this Agreement, including but not limited to the relatives and friends of the persons handling this Agreement.
