Common use of Data statistics Clause in Contracts

Data statistics. 1. Party A and Party B confirm that all data under the Agreement (including but not limited to data promotion information, release time, page views, clicks, etc.) shall be counted by Party A and adopted as the basis for settlement. Party A guarantees that the statistical data are objective and true. Taking each data promotion period as a cycle during the execution of the Agreement, if Party B has any objection to the performance of the Agreement by Party A (including the execution of data promotion), Party B shall explicitly raise it to Party A in writing (valid in the form of e-mail, with corresponding materials attached at the same time, such as webpage copy, etc.) within 5 natural days after the end of the data promotion period. If Party B fails to raise an objection in the above-mentioned written form within the above objection period, it shall be deemed that Party B has no objection to the data promotion, execution and corresponding fees. 2. Party B can only monitor and count the data promotion services supported by Party A and the data promotion types and resources opened by Party A in accordance with the Agreement and the order/scheduling agreement. Party B and the third-party statistical agencies entrusted by Party B that conform to the Agreement shall keep the information learned in the process of data statistics and monitoring strictly confidential, and promise to implement necessary management measures and technical means that are not lower than the overall level in the industry to protect the security of information and data, and shall not use the learned information for purposes other than those agreed in the Agreement. 3. For non-bidding data promotion: (1) Party B may choose to entrust a third-party statistical agency notified by Party A to conduct data statistics. (2) Based on the data issued by Party A, if the difference between the statistical data of the third-party statistical agency entrusted by Party B and Party A’s data does not exceed 10% (including 10%), the data of the third-party statistical agency may prevail; if the difference exceeds 10%, Party A and Party B shall review the data together with the third-party statistical agency and correct the error according to the facts, and if it is confirmed that Party A’s data is incorrect, the data of the third-party statistical agency may prevail; but if it cannot be confirmed that Party A’s data is incorrect, Party A’s data shall prevail. If no agreement can be reached, the dispute shall be settled according to the dispute settlement method agreed in the Agreement. (3) Party A shall have the right to unilaterally adjust, reduce or change the third-party statistical agencies and notify Party B in advance. Only when Party B entrusts the corresponding third-party statistical agencies according to Party A’s latest notice, the error of data promotion of the non-bidding data can be implemented according to the preceding paragraph. If Party B selects other third-party statistical agencies for monitoring and data statistics other than the third-party statistical agencies agreed in the Agreement (subject to the latest notice of Party A), its statistical data shall be invalid unless agreed by Party A in writing. (4) In the above data review, the Parties confirm that they do not recognize and support the settlement, screening and identification rules of “synchronous click monitoring”, “frequency”, “TA%” and “ivt” data of third-party statistical agencies, and the rules of Party A shall prevail. (5) If Party B establishes a monitoring link by itself to conduct data statistics on non-bidding promotion, Party B confirms that all data under the Agreement shall be subject to the statistical data of Party A. 4. For bidding data promotion, Party B may choose to entrust a third-party statistical agency or establish a monitoring link by itself for data statistics, but all data under the Agreement shall be subject to Party A’s statistical data.

Appears in 3 contracts

Samples: Business Cooperation Agreement (Haoxi Health Technology LTD), Business Cooperation Agreement (Haoxi Health Technology LTD), Business Cooperation Agreement (Haoxi Health Technology LTD)

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Data statistics. 1. 7.1 Party A and Party B shall confirm that all data under the Agreement this Contract (including but not limited to data promotion informationinformation release space, release timequestions, page views, clicks, etc.) shall be counted by Party A B and adopted used as the basis for settlement. Party B shall make reasonable commercial efforts to ensure the objectivity and authenticity of the statistical data. 7.2 Notwithstanding the above provisions, Party A guarantees may and may only select and entrust the following third party statistics institution to conduct data statistics, but shall ensure that the third party statistics institution submits its statistical data are objective and true. Taking each data promotion period as a cycle during results to both parties at the execution of same time: (1) Industry common name: DoubleClick: Domain name: http: / / xxx.xxxxxxxxxxx.xxx/: (2) Common name in the Agreement, if Party B has any objection to industry: Miaozhen; domain name: http: / / xxx.xxxxxxxx.xxx/: (3) Common name in the performance of the Agreement by industry: AdMaster; domain name: http: / / xxx.xxxxxxxx.xxx.xx/x 7.3 If Party A (including outside the execution of above range choose other third party statistics agency data promotion)statistics, Party B shall explicitly raise it or the third party statistics agency did not submitted to Party A in writing (valid in the form of e-mail, with corresponding materials attached party b at the same time, such as webpage copyunless the written consent of party b, etc.) within 5 natural days after the end circumstances of the data promotion period. If Party B fails third party statistics agency statistics is invalid, the parties agree to raise an objection in apply the above-mentioned written form within provisions of article 7.5 of the above objection period, it shall be deemed that Party B has no objection contract to determine the data promotion, execution and corresponding feesstatistical data. 2. Party B can only monitor and count the data promotion services supported by 7.4 Even if Party A and the data promotion types and resources opened by Party A in accordance with the Agreement and the order/scheduling agreement. Party B and the third-party statistical agencies entrusted by Party B that conform to the Agreement shall keep the information learned in the process of data statistics and monitoring strictly confidential, and promise to implement necessary management measures and technical means that are not lower than the overall level in the industry to protect the security of information and data, and shall not use the learned information for purposes other than those agreed in the Agreement. 3. For non-bidding data promotion: (1) Party B may choose to entrust entrusts a third-party statistical agency notified by Party A statistics institution to conduct data statistics. (2) Based on , Party B shall still have the right to conduct data issued by Party Astatistics at its own decision according to its considerations. In this case, if the difference between the statistical data of the third-party statistical agency entrusted by statistics institution is not more than 20%, Party B and Party AB’s data does not exceed 10% (including 10%), the data of the third-party statistical agency may shall prevail; if the difference exceeds 10between the data is more than 20%, Party A and Party B both parties shall review the data together with the third-party statistical agency statistics institution and correct the error according to the facts, and if it is confirmed that Party A’s data is incorrect, error. If the data of the third-party statistical agency may prevail; but if it review cannot be confirmed that Party A’s data is incorrect, Party A’s data shall prevail. If no agreement can be reachedcompleted, the dispute parties shall negotiate a reasonable resolution. The parties agree that such data verification is only for confirming the effect of advertising release and reference to the settlement fee, and that serious errors verified by the parties shall be settled according handled in accordance with Article 6.3 and shall not result in any payment or refund of any amount to the dispute settlement method agreed in the Agreement. (3) Party A shall have the right to unilaterally adjust, reduce or change the third-party statistical agencies and notify Party B in advance. Only when Party B entrusts the corresponding third-party statistical agencies according to Party A’s latest notice, the error of data promotion of the non-bidding data can be implemented according to the preceding paragraph. If Party B selects other third-party statistical agencies for monitoring and data statistics other than the third-party statistical agencies agreed in the Agreement (subject to the latest notice of Party A), its statistical data shall be invalid unless agreed by Party A in writing. (4) In the above data review, the Parties confirm that they do not recognize and support the settlement, screening and identification rules of “synchronous click monitoring”, “frequency”, “TA%” and “ivt” data of third-party statistical agencies, and the rules of Party A shall prevail. (5) If Party B establishes a monitoring link by itself to conduct data statistics on non-bidding promotion, Party B confirms that all data under the Agreement shall be subject to the statistical data of Party A. 4. For bidding data promotion, 7.5 If Party B may choose A fails to entrust a third-party statistical agency or establish a monitoring link by itself for institution to conduct data statistics, but all data under the Agreement shall be subject Party A agrees to accept Party AB’s statistical data.

Appears in 3 contracts

Samples: Advertising Contract (Haoxi Health Technology LTD), Advertising Contract (Haoxi Health Technology LTD), Advertising Contract (Haoxi Health Technology LTD)

Data statistics. 1. Party A and Party B confirm that all the data under the Agreement hereunder (including but not limited to data promotion information, release time, page views, clicksclick volume, etc.) shall be counted by Party A and adopted used as the basis for settlement. Party A guarantees that the statistical data are objective and true. Taking During the period of cooperation in this agreement, with each data promotion period as a cycle during the execution of the Agreementcycle, if Party B has any objection party b to the performance agreement of the Agreement by Party A party a (including the execution of data promotionpromotion implementation), Party B shall explicitly raise it to Party A in writing (valid in the form of e-mail, with corresponding materials attached at the same time, such as webpage copy, etc.) within 5 natural days after the end of the data promotion period. period in writing or email (with the corresponding materials: such as web copy, etc.) to party a. If Party B fails to raise an objection in the above-mentioned above written form within the above objection period, it shall be deemed that Party B has no objection to the data promotion, execution and corresponding feesexpenses. 2. Party B can shall only monitor and count support the data promotion services supported by of Party A and the data promotion types monitor and resources opened by Party A in accordance with the Agreement statistics of party B and the order/scheduling agreement. Party B and the third-party statistical agencies entrusted by Party B that conform to the Agreement shall keep strictly confidential about the information learned obtained in the process of data statistics and monitoring strictly confidentialmonitoring, and promise to implement the necessary management measures and technical means that are not lower than below the overall level in of the industry to protect the security of information and dataindustry, and shall not use the learned information for purposes other than those agreed in obtained outside the Agreementcontract. 3. For Promotion of non-bidding data promotiondata: (1) With the consent of Party A, Party B may choose to entrust Party A or a third-party statistical agency statistics institution notified by Party A the data promotion platform to conduct data statistics. (2) Based on With the data issued by Party AA as the benchmark, if the difference between the statistical data of the third-party statistical agency statistics institution entrusted by Party B and the data of Party A’s data does A shall not exceed 10% (including Including 10%), the data of the third-party statistical agency statistics institution may prevail; if the difference data exceeds 10%, Party A and Party B both parties shall review the data together with the third-party statistical agency statistics institution and correct the error according to the facts, and if it is confirmed that . If Party A’s data is incorrect, the data of the third-party statistical agency statistics institution may prevail; but if it cannot be confirmed that Party party A’s data is incorrect, Party A’s data shall prevail. If no agreement can be reached, the dispute this agreement shall be settled according to the dispute settlement method agreed in the Agreementprevail Dispute resolution method. (3) Party A and the data promotion platform shall have the right to unilaterally adjust, reduce or change the third-party statistical agencies statistics institution and shall notify Party B in advance. Only when if Party B entrusts the corresponding third-third- party statistical agencies according to Party A’s statistics institution in accordance with the latest notice, the error of data promotion of the non-bidding data can promotion data may be implemented according to in accordance with the preceding paragraph. previous clause. 4) If Party B selects other another third-party statistical agencies statistics institution for monitoring and data statistics other than the third-party statistical agencies statistics institution agreed in the Agreement herein (subject to the latest notice of Party Anotice), its the statistical data shall be invalid unless agreed by Party A in writing. (4) In with the above data review, the Parties confirm that they do not recognize and support the settlement, screening and identification rules of “synchronous click monitoring”, “frequency”, “TA%” and “ivt” data of third-party statistical agencies, and the rules written consent of Party A shall prevail.A. (5) If party A agrees that Party B establishes a monitoring link by itself to conduct for data statistics on for non-bidding promotion, Party B confirms shall confirm that all data under the Agreement shall be subject to the statistical data of Party A. 4. For bidding data promotion, Party B may choose to entrust a third-party statistical agency or establish a monitoring link by itself for data statistics, but all data under the this Agreement shall be subject to Party A’s statistical data. 4. For the promotion of bidding data, with the consent of Party A, Party B may choose to entrust a third party statistics institution or establish a monitoring link to conduct data statistics, but all data hereunder shall be subject to Party A’s statistical data.

Appears in 2 contracts

Samples: Ocean Engine Agent Data Promotion Business Cooperation Agreement (Haoxi Health Technology LTD), Ocean Engine Agent Data Promotion Business Cooperation Agreement (Haoxi Health Technology LTD)

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Data statistics. 10. Party Xxxxx A and Party B confirm that all data under the Agreement (including but not limited to data promotion information, release time, page views, and clicks, etc.) shall be counted by Party A and adopted used as the basis for settlement. Party A guarantees that the statistical data are objective and true. Taking each data promotion period as a cycle during During the execution term of the Agreement, if every data promotion period is a cycle. If Party B has any objection to the Party A’s performance of the Agreement by Party A (including the execution of data promotion), Party B it shall explicitly raise clearly submit it to Party A in writing written form (valid in the form of e-mail, with accompanied by corresponding materials attached at the same timematerials, such as webpage copycopying, etc.) within 5 natural days after the end of the data promotion period. If Party B fails to raise an objection in the above-mentioned written form within the above objection periodtime limit, it shall be deemed that Party B has no objection to the data promotion, execution implementation and corresponding feesexpenses. 20. Party Xxxxx B can shall only monitor and count make statistics on the data promotion services Data Promotion Services supported by Party A and the data promotion types and resources opened by Party A in accordance with the Agreement and the orderOrder/scheduling agreementScheduling Agreement. Party B and the third-party statistical agencies agency entrusted by Party B that conform to the Agreement in compliance with provisions hereof shall keep strictly confidential the information learned in the process of acquired during data statistics and monitoring strictly confidentialmonitoring, and promise undertake to implement take necessary management measures and technical means that are not no lower than the overall general level in of the industry to protect the security of information and datadata security, and shall not use the learned information acquired for any purposes other than those agreed in the Agreementherein. 30. For Xx case of non-bidding data promotion: (1) Party B may choose to entrust a third-party statistical agency notified by Party A to conduct data statistics. (2) Based on the data issued by Party A, if the difference between the statistical data of the third-party statistical agency entrusted by Party B and the data of Party A’s data A does not exceed 10% (including 10%inclusive), the data of the third-party statistical agency may shall prevail; if the difference it exceeds 10%, Party A and Party B shall review the data together with the third-party statistical agency and correct the error according to the facts, and if . If it is confirmed that Party A’s data is incorrectwrong, the data of the third-party statistical agency may shall prevail; but if it cannot be confirmed that Party A’s data is incorrectnot, Party A’s data shall prevail. If no agreement can be reached, the dispute shall be settled according to the dispute settlement method agreed in the Agreementherein shall apply. (3) Party A shall have has the right to unilaterally adjust, reduce or change the third-party statistical agencies and notify agency by notifying Party B in advance. Only when Party B entrusts the corresponding third-party statistical agencies agency according to Party A’s latest notice, the data error of data promotion of the non-bidding data promotion can be implemented settled according to the preceding paragraphprevious clause. If Party B selects other chooses a third-party statistical agencies for monitoring and data statistics agency other than the third-party statistical agencies agency agreed in the Agreement herein (subject to the latest notice of Party A)’s latest notice) for monitoring and data statistics, its statistical data shall will be invalid unless agreed by Party A in writing. (4) In the above above-mentioned data review, the Parties parties confirm that they do not recognize and support the settlement, screening settlement and identification investigation rules of “synchronous click monitoring”, “frequency”, “TA%” and “ivt” data of third-party statistical agenciesagency, and the rules of Party A shall prevail. (5) If Party B establishes a builds its own monitoring link by itself to conduct data statistics on for non-bidding data promotion, Party B confirms that all data under the Agreement hereunder shall be subject to the Party A’s statistical data data. 0. Xx case of Party A. 4. For bidding data promotion, Party B may choose to entrust a third-party statistical agency or establish a build its own monitoring link by itself for to conduct data statistics, but all data under the Agreement hereunder shall be subject to Party A’s statistical data.

Appears in 1 contract

Samples: Business Cooperation Agreement (Baosheng Media Group Holdings LTD)

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