Effectiveness, Amendment and Termination. Article 83 The term of this Agreement is one year, as from August 1, 2012 to July 31, 2013. From the effective date of this Agreement, the previous Agreement shall be terminated automatically. Either Party may terminate this Agreement by give a thirty-day written notice to the other Party. Upon expiration of this Agreement, both Parties shall properly handle the remaining matters. This Agreement will maintain its full force and effect till both Parties have fulfilled their obligations hereunder and all amounts and claims between both Parties are fully paid and discharged. The responsible party shall settle all user complaints and claims resulting from termination of this Agreement. Article 84 During the term of this Agreement, both Parties may amend or terminate this Agreement through friendly negotiation. If either Party intends to amend or terminate this Agreement, it shall give a written request to the other Party 30 days in advance. The Party that unilaterally terminates this Agreement shall fully indemnify the other Party against all damages and losses resulting therefrom. Article 85 During the term of this Agreement, Party B shall not send any advertisement or any other irrelevant information to any customer through Party A's communication channels. If Party B violates this provision, it shall indemnify Party A against the damages and losses, and Party A may terminate this Agreement. Article 86 If Party B breaches this Agreement, it shall indemnify Party A against all liabilities arising from any claim of third party, customer complaint or investigation of any government authority due to its breach, and Party A may terminate this Agreement. Article 87 During the term of this Agreement, if this Agreement conflicts with any new pricing policy or new relevant document issued by Party A's authority, both Parties may amend or terminate this Agreement through negotiation. This Agreement has 90 articles in total. Any issue absent hereof shall be settled in accordance with the management rules such as the Rules for Management of Cooperation in China Mobile Monternet and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service, as well as the relevant standards and requirements announced in its SXXX new business information management system. Where there is no provision in the management rules, standards and requirements mentioned above, it shall be supplemented in writing by both Parties through friendly negotiation. All amendments of the relevant management rules and relevant requirements of new policies will be published in the SXXX system. Party B shall promptly read all announcements posted in the SXXX system, and take the appropriate measures. Party B shall be fully responsible for all losses caused by its failure to read the information published in the SXXX system. It shall be deemed that Party B has understood the notice three days after Party Ahas published the notice. Article 88 Upon expiration of this Agreement, this Agreement may be renewed provided that the assessment standards set forth in the management rules issued by Party A, such as the Rules for Management of Cooperation in China Mobile Monternet and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service have been meeted. Article 89 This Agreement shall be governed by the applicable laws of China. If a dispute cannot be settled through negotiation, either Party may file an action before the people’s court in the jurisdiction where Party A resides. Article 90 This Agreement (including the Appendix: Undertaking for the Responsibility of Information Security) is made and executed in four (4) counterparts, three (3) for Party A and one (1) for Party B, each being of equal legal effect. Party A: China Mobile Group Jiangsu Co., Ltd. (Special Seal for Contracts) Party B: Beijing AirInbox Information Technologies Co., Ltd. (Special Seal for Contracts) Authorized Representative: XueDongmei (Signature) Authorized Representative: Jxx Xxx (Signature) Date of Signature: August 20, 2012 Date of Signature: August 15, 2012 We strongly support and implement the spirit and requirement of the relevant government authorities regarding strengthening management of network culture and resolutely combating illegal activities such as pornography on the Internet. In order to provide healthy information service to the customers, promote the healthy and sustainable development of the telecommunication value-added service industry, we hereby solemn undertake to China Mobile as follows: 1. We warrant and undertake that all contents provided by us will strictly comply with the Measures for Administration of Internet Information Services and other relevant laws and regulations; we will not produce, reproduce, distribute or disseminate any pornographic, obscene or illegal content, or any content against the public moral or harmful to the mental health of juveniles. 2. We warrant and undertake that our business in cooperation will comply with the relevant provisions of China Mobile prohibiting fee-collection service of whatever forms, and will not use the all-network IVR business to collect any fee for any other business or service by any of the following means: (1) To use the all-network IVR business to collect any fee for any service not used or fulfilled through this network, including but not limited to collection of any fee downloading movies or songs; (2) The businesses and services not covered by the all-network IVR business may not be used unless the all-network IVR business has been customized or used, including giving other "complimentary" Internet services by customizing or using the all-network IVR business. 3. We warrant and undertake that we will comply with the relevant management rules of China Mobile regarding the channel promotion when we are promoting our business: (1) We will ensure there is no pornographic, illegal or vulgar information or content in our business or promotion channel; (2) We will not use any advertisement alliance or any other third party to promote our business in cooperation; (3) We will not use any WAP website (other than our own website) to promote or guide users to subscribe WAP services. If we violate any undertaking or warranty mentioned above, we agree to assume all liabilities resulting therefrom and accept the severe penalty imposed by China Mobile. Regards Full Name of the Company: Beijing AirInbox Information Technologies Co., Ltd. Name of Legal Representative: Jxx Xxx Address: 33/F, Tengda Bxxxxxxx, Xx.000, Xx Xxx Xxx, Xxxxxxx Xxxxxxxx, Xxxxxxx Type of Business in Cooperation: All-network IVR Name of Contact: Lxx Xxx Mobile Phone: 10000000000 Tel: 000-00000000 [Signature of Legal Representative]: Jxx Xxx [Corporate Seal]: Beijing AirInbox Information Technologies Co., Ltd. (Special Seal for Contract) Date: August 15, 2012 Party A: The Data Operation Center of China Mobile Group Jiangsu Co., Ltd. Party B: Beijing AirInbox Information Technologies Co., Ltd. Supervisor: The Supervision Department of China Mobile Group Jiangsu Co., Ltd. In order to regulate the activities of both Parties in cooperation according to law, strengthen the supervision over corruptive activities, prevent any misconduct during the course of cooperation, and ensure the smooth performance of this Agreement, both Parties hereby enter into this Anti-corruption Agreement through negotiation. 1. Party A and its employees must comply with the following provisions: (1) To comply with all applicable national laws and regulations, and the management rules in the industry; (2) To strictly implement the procedures and standards in the tendering process; (3) To exercise its powers in accordance with this Agreement, and not abuse its powers to be picky with Party B, or be negligent in performing its duties or damage the company's interest; (4) Not to negotiate any business with Party B on behalf of the company without authorization; (5) Not to accept any payment (including coupon or card) or gift given by Party B; (6) Not to accept any feast paid by Party B without authorization, or participate in any entertainment, fitness, travel or any other activity which would affect the impartial performance of the official duties, or ask Party B to reimburse any cost or expense to be paid by any individual; (7) Not to seek personal interest or for the benefits of any specific connected person by taking advantage of his position or through competition in the same or similar business or through connected transaction; (8) To promptly inform and report to the Supervisor of any misconduct found during the course of cooperation. 2. Party B and its employees must comply with the following provisions: (1) To strictly comply with all applicable national laws and regulations, and the management rules in the industry; (2) To practice cooperation in good faith and fair competition; (3) Not to give any payment (coupon or card) or gift to any employee of Party A in whatever forms; (4) Not to privately negotiate any business with any employee of Party A, or give bribe to any family member or special connected person of any employee of Party A; (5) Not to arrange any feast, entertainment consumption, travel or any other activity that would affect the impartial performance of the official duties of Party A's employees; (6) To actively support and cooperate with the investigation of the Supervisor, give a true statement of the facts and provide the relevant information; (7) To promptly inform and report to the Supervisor of any misconduct found during the course of cooperation.
Appears in 1 contract
Effectiveness, Amendment and Termination. Article 83 88. The term of this Agreement is one year, shall be as from August January 1, 2012 2015 to July December 31, 20132015. From the effective date of this Agreement, the previous Agreement shall be terminated automatically. Either Party may terminate this Agreement by give a thirty-day written notice to the other Party. Upon expiration of this Agreement, both Parties shall properly handle the remaining matters. This Agreement will maintain its full force and effect till both Parties have fulfilled their obligations hereunder and all amounts and claims between both Parties are fully paid and discharged. The responsible party shall settle all user complaints and claims resulting from termination of this Agreement.
Article 84 During the term of this Agreement, if either Party intends to add new kind of service in cooperation, both Parties may amend enter into a supplementary agreement as an appendix attached hereto. After the term of this agreement expires, if there is no objection from either party, this agreement shall be renewed for one year, and there is no limitation on the number of renewals. If Party B decides not to renew the agreement due to its own reasons, it shall notify Party A in writing one month before expiration of the term of this agreement, and this agreement shall automatically terminate upon expiration of the term. Within the term of the agreement, if Party B loses its relevant qualification, breaches the agreement, or there occurs any other circumstances that would warrant the termination of the agreement, Party A is entitled to terminate the agreement unilaterally, and this Agreement through friendly negotiationagreement and the rights and obligations of both parties shall terminate on the date when Party A sends out the notice of termination, except the provisions relating to liability for breach of contract.
89. If either Party intends to amend or terminate this Agreement, it shall give a written request notice to the other Party 30 days at least one month in advance. Oral notice is invalid. The other Party shall give a reply within one month. If the other Party refuses negotiation, it shall be deemed that unilaterally terminates this Agreement automatically terminates. Any dispute arising from the termination of this Agreement shall fully indemnify the other Party against all damages and losses resulting therefrombe settled by both Parties through negotiation.
Article 85 During the term 90. Upon termination of this Agreement, Party B shall not send any advertisement or any other irrelevant information to any customer through Party A's communication channels. If Party B violates this provision, it shall indemnify assist Party A against in settling the damages subsequent issues relating to the customers. The responsible party shall settle all customer complaints and losses, and Party A may terminate claims caused by termination of this Agreement.
Article 86 If Party B breaches this Agreement, it shall indemnify Party A against all liabilities arising from any claim of third party, customer complaint or investigation of any government authority due to its breach, and Party A may terminate this Agreement.
Article 87 During the term of this Agreement, if this Agreement conflicts with any new pricing policy or new relevant document issued by Party A's authority, both Parties may amend or terminate this Agreement through negotiation. This Agreement has 90 articles in total91. Any issue absent hereof shall be settled in accordance with the management rules such as the Rules of China Mobile Jiangsu Company for the Management of Cooperation in China Mobile Monternet and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service, as well as the relevant standards and requirements announced in its SXXX new business information management systemOwn Business. Where there is no provision in the management rules, standards and requirements rules mentioned above, it shall be supplemented in writing by both Parties through friendly negotiation. All amendments of the relevant management rules and relevant requirements of new policies will be published in the SXXX system. Party B shall promptly read all announcements posted in the SXXX system, and take the appropriate measures. Party B shall be fully responsible for all losses caused by its failure to read the information published in the SXXX system. It shall be deemed that Party B has understood the notice three days after Party Ahas published the notice.
Article 88 Upon expiration of this Agreement, this Agreement may be renewed provided that the assessment standards set forth in the management rules issued by Party A, such as the Rules for Management of Cooperation in China Mobile Monternet and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service have been meeted.
Article 89 92. This Agreement shall be governed by the applicable laws of China. If a dispute cannot be settled through negotiation, either Party may file an action before the people’s court in the jurisdiction where Party A resides.
Article 90 93. The contents under cooperation other than those provided in this Agreement may be supplemented by a Cooperation Supplementary Agreement, and shall take effect upon signing and stamping by the Parties.
94. This Agreement (including the AppendixAppendix 1: Undertaking for the Responsibility of Information Security, Appendix 2: Integrity Cooperation Agreement) is made and executed in four (4) counterparts, three (3) two for each Party A and one (1) for Party B, each being of equal legal effect.
95. The Game Business Cooperation Agreement entered into previously between Party A: B and China Mobile Group Jiangsu Co., Ltd. (Special Seal shall be terminated upon effectiveness of this agreement. To the extent there is any conflict between the terms of this agreement and the Game Business Cooperation Agreement between Party B and China Mobile Group Jiangsu Co., Ltd., this agreement shall prevail. Appendix 1: Undertaking for Contracts) the Responsibility of Information Security Appendix 2: Integrity Cooperation Agreement Party A: Migu Interactive Entertainment Limited Party B: Beijing AirInbox Information Technologies Shenzhen iDreamSky Technology Co., Ltd. Authorized Representative: Authorized Representative: Signing Date: Signing Date: Electronic Contract Management Name of Contract Type of Contract Status of Contract Date of Upload Time of Enterprise Signature Contract Effective Date Operation Shenzhen iDreamSky Technology Co., Ltd. (Special Seal Master contract_re-executed CP in January 2015) Master contract Signed by both parties 2015-02-09 09:09 2015-02-10 09:50 2015-03-04 15:18 View Download
Appendix 1: Undertaking for Contracts) Authorized Representative: XueDongmei (Signature) Authorized Representative: Jxx Xxx (Signature) Date the Responsibility of Signature: August 20, 2012 Date of Signature: August 15, 2012 We strongly support and implement the spirit and requirement of the relevant government authorities regarding strengthening management of network culture and resolutely combating illegal activities such as pornography on the Internet. In order to provide healthy information service to the customers, promote the healthy and sustainable development of the telecommunication value-added service industry, we hereby solemn undertake to China Mobile as follows:Information Security
1. We warrant Establish and undertake that improve the internal protection system, information security and confidentiality system and customer information safety management system relating to our products, as well as the information security accountability system and the information release examination and approval system, and strictly examine all contents provided information to be released by us will strictly us.
2. Strictly comply with the Measures for Administration of Internet Information Services Services, and other relevant laws monitor the information released on the platform maintained by us, the information and regulationscontents transmitted through Party A’s communication channel, and the conducts and data of the customers, ensure all information and contents are healthy and lawful, and avoid any authorized disclosure of customer information.
3. Display customer code when sending any information through Party A’s communication channel, and not directly send any anonymous information to any mobile phone customer.
4. Provide the services in strict compliance with Party A’s requirements with respect to the services operated or supported by us and Party A in cooperation. Clearly define the customer group and the scope of customers; we ensure all mobile phone customers accept our services voluntarily; will not produce, reproduce, distribute or disseminate provide any pornographic, obscene or illegal content, or information to any content against the public moral or harmful non-subscribed customer. If we send professional information to the mental health of juvenilesmobile phone customers through Party A’s communication channel, we must apply for and obtain the required qualification from the competent government authority, and strictly comply with the relevant provisions.
25. We warrant and undertake that our business in cooperation will comply with the relevant provisions of China Mobile Party A prohibiting fee-collection service of whatever forms, and will not use the all-mobile network IVR business to collect any fee for any other business or service by any of the following means:
(1) To use using the all-mobile network IVR business to collect any fee for any service not used or fulfilled through this network, including but not limited to collection of any fee downloading movies or songs;
(2) The businesses and services not covered by the all-mobile network IVR business may not be used unless the all-mobile network IVR business has been customized or used, including giving other "“complimentary" ” Internet services by customizing or using the all-mobile network IVR business.
36. We warrant and undertake Not provide any non-subscribed service (including information service) to any Party A customer beyond the scope of license.
7. Not produce, reproduce, distribute or disseminate any information that we will comply with includes the relevant management rules of China Mobile regarding the channel promotion when we are promoting our businessfollowing contents through Party A’s channel:
(1) We will ensure there Content that is no pornographic, illegal or vulgar information or content in our business or promotion channelagainst the basic principles of the Constitution;
(2) We will not use any advertisement alliance Content that endangers state security, divulges state secret, subverts state sovereignty or any other third party to promote our business in cooperationjeopardizes state unity;
(3) We will not use Content that damages the reputation and interests of the state;
(4) Content that incites ethnic hostility and ethnic discrimination or jeopardizes unity among ethnic groups;
(5) Content that damages the state religious policy or advocates sects or feudal superstitions;
(6) Content that disseminates rumors, disturbs the social order or damages social stability;
(7) Content that disseminates obscenity, pornography, gambling, violence, homicide and terror, or incites crime;
(8) Content that insults or slanders others or that infringes their legal rights and interests;
(9) Other content prohibited by laws or administrative regulations;
(10) Content that releases any advertising or promotional material, or any spam irrelevant to the business;
(11) Use any WAP website (other than our own websitethe mobile network) to promote or guide users to subscribe WAP servicesservices in cooperation.
8. If we violate find that any undertaking or warranty mentioned information released by this system clearly falls within the contents listed in Article 7 above, we agree will immediately discontinue the transmission of such information and make a report to relevant government authorities.
9. If it is difficult to determine whether certain information released through Party A’s channel falls within the contents listed in Article 7 above, we will submit it to the relevant authority for review before it is released.
10. We will keep confidentiality of all personal data of the customers. Without the prior consent of the customers, we will not disclose their personal data to others, unless it is otherwise required by the laws. We hereby guarantee that we will accept the supervision and management of Migu Interactive Entertainment Limited. during the course of business operation; if we fails to comply with any provision hereof, we will assume all legal liabilities and the liabilities for breach of contract resulting therefrom and accept the severe penalty imposed by China Mobiletherefrom. Regards Full Name of the Company: Beijing AirInbox Information Technologies Co., Ltd. Name of Legal Representative: Jxx Xxx Address: 33/F, Tengda Bxxxxxxx, Xx.000, Xx Xxx Xxx, Xxxxxxx Xxxxxxxx, Xxxxxxx Type of Business in Cooperation: All-network IVR Name of Contact: Lxx Xxx Mobile Phone: 10000000000 Tel: 000-00000000 [Signature of Legal Representative]: Jxx Xxx [Corporate Seal]: Beijing AirInbox Information Technologies Co., Ltd. (Special Seal for Contract) Date: August 15, 2012 Party A: The Data Operation Center of China Mobile Group Jiangsu Co., Ltd. Migu Interactive Entertainment Limited Party B: Beijing AirInbox Information Technologies Co., Ltd. Supervisor: The Supervision Department of China Mobile Group Jiangsu Shenzhen iDreamSky Technology Co., Ltd. In order to regulate standardize the activities practices of both integrity of the Parties in cooperation according to lawand their respective staff, strengthen safeguard the supervision over corruptive activitieslegitimate rights and interests of the Parties, prevent commercial bribery and unfair competition, enhance monitoring on cooperation with integrity, and avoid illegal acts in the cooperation between the Parties, the Parties agree as follows on the basis of free will:
Article 1 This Agreement, as the Appendix to the Game Business Cooperation Agreement, shall take effect and be strictly complied with upon the execution by the Parties.
Article 2 Both Party A and Party B shall:
1. strictly comply with the laws and regulations of the State, stick to the principles of integrity and honesty, and diligently abide by business ethics and professional standards;
2. standardize the business cooperation, clearly define the requirements for business acts, strictly manage the employees of the Parties and refrain from any misconduct prohibited activities in violation hereof during the course of cooperation, and ensure the smooth performance of this Agreement, both Parties hereby enter into this Anti-corruption Agreement through negotiation;
3. actively support and assist the supervisor in relevant investigative work.
1. Article 3 Party A and its employees must shall comply with the following provisionsfollowing:
(1) To comply with all applicable national laws . none of Party A’s working staff and regulationstheir respective spouse, and children or other specific affiliated persons shall ask for, accept or possess, under the management rules in excuse of borrowing, the industrymoney or properties of Party B or its working staff;
(2) To strictly implement . none of Party A’s working staff and their respective spouse, children or other specific affiliated persons shall accept any gifts, treats or trips, fitness, entertainment and other arrangements provided by Party B that may affect the procedures and standards ability of such working staff to act fairly in the tendering processhis/her official capacity;
(3) To exercise its powers in accordance with this Agreement. none of Party A’s working staff and their respective spouse, and not abuse its powers to be picky with Party B, children or be negligent in performing its duties or damage the company's interest;
(4) Not to negotiate any business with Party B on behalf of the company without authorization;
(5) Not to other specific affiliated persons shall accept any money or various valuable securities, payment (including coupon or card) or gift given vouchers and dry shares offered by Party B;
(6) Not to accept any feast paid by 4. none of Party B without authorizationA’s working staff and their respective spouse, children or participate in any entertainment, fitness, travel or any other activity which would affect the impartial performance of the official duties, or specific affiliated persons shall ask Party B to reimburse any cost pay the expenses or expense to receipts and invoices that should be paid borne by any individualsuch persons on their own;
(7) Not 5. none of Party A’s working staff and their respective spouse, children or other specific affiliated persons shall accept any money, properties or services provided by Party B that may affect the ability of such working staff to seek personal interest or for the benefits of any specific connected person by taking advantage of his position or through competition act fairly in his/her official capacity;
6. when Party B offers anything mentioned in the same above items 1 to 5 or similar business conducts any other illegal acts in violation of integrity principles, Party A’s working staff and their respective spouse, children or through connected transactionother specific affiliated persons shall decline such offer; those that cannot be declined shall be reported and submitted to Party A in time;
(8) To promptly inform 7. any of Party A’s working staff shall propose withdrawal if he/she discovers anything that has an interest with him/herself or his/her relatives and report may affect his/her ability to the Supervisor of any misconduct found during the course of cooperation.act fairly in his/her official capacity when conducting work with Party B.
2. Article 4 Party B and its employees must shall comply with the following provisionsfollowing:
(1) To strictly comply with all applicable national laws . not offer or provide, under the excuse of lending, any money or properties to any of Party A’s working staff or their respective spouse, children or other specific affiliated persons;
2. not offer any gifts, treats or trips, fitness, entertainment and regulationsother arrangements to any of Party A’s working staff and their respective spouse, children or other specific affiliated persons that may affect the ability of such working staff to act fairly in his/her official capacity;
3. not offer any money or various valuable securities, payment vouchers and dry shares to any of Party A’s working staff and their respective spouse, children or other specific affiliated persons;
4. not pay for any of Party A’s working staff and their respective spouse, children or other specific affiliated persons any expenses or receipts and invoices that should be borne by such persons on their own;
5. not offer any money, properties or services to any of Party A’s working staff and their respective spouse, children or other specific affiliated persons that may affect the management rules ability of such working staff to act fairly in his/her official capacity;
6. when any of Party A’s working staff and their respective spouse, children or other specific affiliated persons asks for or requests anything mentioned in the industry;
(2) To practice cooperation above items 1 to 5 or conducts any other illegal acts in good faith violation of integrity principles, Party B shall decline such request and fair competition;
(3) Not be obliged to give any payment (coupon or card) or gift report such act to any employee of Party A in whatever forms;
(4) Not to privately negotiate any business with any employee time, and Party A shall safeguard the legitimate rights and interests of Party A, or give bribe to B’s concerned person.
7. any family member or special connected person of any employee of Party A;
(5) Not to arrange any feast, entertainment consumption, travel B’s working staff shall propose withdrawal if he/she discovers anything that has an interest with him/herself or any other activity that would affect the impartial performance of the official duties of his/her relatives when conducting work with Party A's employees;
(6) To actively support and cooperate with the investigation of the Supervisor, give a true statement of the facts and provide the relevant information;
(7) To promptly inform and report to the Supervisor of any misconduct found during the course of cooperation.A.
Appears in 1 contract
Samples: Game Business Cooperation Agreement (iDreamSky Technology LTD)
Effectiveness, Amendment and Termination. Article 83 91 The term of this Agreement is one year, shall be as from August 1, 2012 2013 to July December 31, 2013. From the effective date of this Agreement, the previous Agreement shall be terminated automatically. Either Party may terminate this Agreement by give a thirty-day written notice to the other Party. Upon expiration of this Agreement, both Parties shall properly handle the remaining matters. This Agreement will maintain its full force and effect till both Parties have fulfilled their obligations hereunder and all amounts and claims between both Parties are fully paid and discharged. The responsible party shall settle all user complaints and claims resulting from termination of this Agreement.
Article 84 During the term of this Agreement, if either Party intends to add new kind of service in cooperation, both Parties may amend or terminate this Agreement through friendly negotiation. enter into a supplementary agreement as an appendix attached hereto.
Article 92 If either Party intends to amend or terminate this Agreement, it shall give a written request notice to the other Party 30 days at least one month in advance. Oral notice is invalid. The other Party shall give a reply within one month. If the other Party refuses negotiation, it shall be deemed that unilaterally terminates this Agreement automatically terminates. Any dispute arising from the termination of this Agreement shall fully indemnify the other Party against all damages and losses resulting therefrombe settled by both Parties through negotiation.
Article 85 During the term 93 Upon termination of this Agreement, Party B shall not send any advertisement or any other irrelevant information to any customer through Party A's communication channels. If Party B violates this provision, it shall indemnify assist Party A against in settling the damages subsequent issues relating to the customers. The responsible party shall settle all customer complaints and losses, and Party A may terminate claims caused by termination of this Agreement.
Article 86 If Party B breaches this Agreement, it shall indemnify Party A against all liabilities arising from any claim of third party, customer complaint or investigation of any government authority due to its breach, and Party A may terminate this Agreement.
Article 87 During the term of this Agreement, if this Agreement conflicts with any new pricing policy or new relevant document issued by Party A's authority, both Parties may amend or terminate this Agreement through negotiation. This Agreement has 90 articles in total. 94 Any issue absent hereof shall be settled in accordance with the management rules such as the Rules of China Mobile Jiangsu Company for the Management of Cooperation in China Mobile Monternet Own Business and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service, as well as the relevant standards and requirements announced in its SXXX new business information management system. Where there is no provision in the management rules, standards and requirements rules mentioned above, it shall be supplemented in writing by both Parties through friendly negotiation. All amendments of the relevant management rules and relevant requirements of new policies will be published in the SXXX system. Party B shall promptly read all announcements posted in the SXXX system, and take the appropriate measures. Party B shall be fully responsible for all losses caused by its failure to read the information published in the SXXX system. It shall be deemed that Party B has understood the notice three days after Party Ahas published the notice.
Article 88 Upon expiration of this Agreement, this Agreement may be renewed provided that the assessment standards set forth in the management rules issued by Party A, such as the Rules for Management of Cooperation in China Mobile Monternet and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service have been meeted.
Article 89 95 This Agreement shall be governed by the applicable laws of China. If a dispute cannot be settled through negotiation, either Party may file an action before the people’s court in the jurisdiction where Party A resides.
Article 90 96 This Agreement (including the AppendixAppendix 1: Undertaking for the Responsibility of Information Security) is made and executed in four (4) counterparts, two for each Party and each being of equal legal effect; and Appendix 2: Anti-corruption Cooperation Agreement is made and executed in three (3) for Party A and one (1) for Party Bcounterparts, each being of equal legal effect.
Appendix 1: Undertaking for the Responsibility of Information Security Appendix 2: Anti-corruption Cooperation Agreement Party A: China Mobile Group Jiangsu Co., Ltd. (Special Seal for Contracts) Party B: Beijing AirInbox Information Technologies Co., Ltd. (Special Seal for Contracts) Authorized Representative: XueDongmei Xue Dongmei (Signature) Authorized Representative: Jxx Xxx (Signature) Date of Signature: August 2015, 2012 2013 Date of Signature: August 15, 2012 We strongly support and implement the spirit and requirement of the relevant government authorities regarding strengthening management of network culture and resolutely combating illegal activities such as pornography on the Internet. In order to provide healthy information service to the customers, promote the healthy and sustainable development of the telecommunication value-added service industry, we hereby solemn undertake to China Mobile as follows:
1. We warrant and undertake that all contents provided by us will strictly comply with the Measures for Administration of Internet Information Services and other relevant laws and regulations; we will not produce, reproduce, distribute or disseminate any pornographic, obscene or illegal content, or any content against the public moral or harmful to the mental health of juveniles.
2. We warrant and undertake that our business in cooperation will comply with the relevant provisions of China Mobile prohibiting fee-collection service of whatever forms, and will not use the all-network IVR business to collect any fee for any other business or service by any of the following means:
(1) To use the all-network IVR business to collect any fee for any service not used or fulfilled through this network, including but not limited to collection of any fee downloading movies or songs;
(2) The businesses and services not covered by the all-network IVR business may not be used unless the all-network IVR business has been customized or used, including giving other "complimentary" Internet services by customizing or using the all-network IVR business.
3. We warrant and undertake that we will comply with the relevant management rules of China Mobile regarding the channel promotion when we are promoting our business:
(1) We will ensure there is no pornographic, illegal or vulgar information or content in our business or promotion channel;
(2) We will not use any advertisement alliance or any other third party to promote our business in cooperation;
(3) We will not use any WAP website (other than our own website) to promote or guide users to subscribe WAP services. If we violate any undertaking or warranty mentioned above, we agree to assume all liabilities resulting therefrom and accept the severe penalty imposed by China Mobile. Regards Full Name of the Company: Beijing AirInbox Information Technologies Co., Ltd. Name of Legal Representative: Jxx Xxx Address: 33/F, Tengda Bxxxxxxx, Xx.000, Xx Xxx Xxx, Xxxxxxx Xxxxxxxx, Xxxxxxx Type of Business in Cooperation: All-network IVR Name of Contact: Lxx Xxx Mobile Phone: 10000000000 Tel: 000-00000000 [Signature of Legal Representative]: Jxx Xxx [Corporate Seal]: Beijing AirInbox Information Technologies Co., Ltd. (Special Seal for Contract) Date: August 15, 2012 Party A: The Data Operation Center of China Mobile Group Jiangsu Co., Ltd. Party B: Beijing AirInbox Information Technologies Co., Ltd. Supervisor: The Supervision Department of China Mobile Group Jiangsu Co., Ltd. In order to regulate the activities of both Parties in cooperation according to law, strengthen the supervision over corruptive activities, prevent any misconduct during the course of cooperation, and ensure the smooth performance of this Agreement, both Parties hereby enter into this Anti-corruption Agreement through negotiation.
1. Party A and its employees must comply with the following provisions:
(1) To comply with all applicable national laws and regulations, and the management rules in the industry;
(2) To strictly implement the procedures and standards in the tendering process;
(3) To exercise its powers in accordance with this Agreement, and not abuse its powers to be picky with Party B, or be negligent in performing its duties or damage the company's interest;
(4) Not to negotiate any business with Party B on behalf of the company without authorization;
(5) Not to accept any payment (including coupon or card) or gift given by Party B;
(6) Not to accept any feast paid by Party B without authorization, or participate in any entertainment, fitness, travel or any other activity which would affect the impartial performance of the official duties, or ask Party B to reimburse any cost or expense to be paid by any individual;
(7) Not to seek personal interest or for the benefits of any specific connected person by taking advantage of his position or through competition in the same or similar business or through connected transaction;
(8) To promptly inform and report to the Supervisor of any misconduct found during the course of cooperation.
2. Party B and its employees must comply with the following provisions:
(1) To strictly comply with all applicable national laws and regulations, and the management rules in the industry;
(2) To practice cooperation in good faith and fair competition;
(3) Not to give any payment (coupon or card) or gift to any employee of Party A in whatever forms;
(4) Not to privately negotiate any business with any employee of Party A, or give bribe to any family member or special connected person of any employee of Party A;
(5) Not to arrange any feast, entertainment consumption, travel or any other activity that would affect the impartial performance of the official duties of Party A's employees;
(6) To actively support and cooperate with the investigation of the Supervisor, give a true statement of the facts and provide the relevant information;
(7) To promptly inform and report to the Supervisor of any misconduct found during the course of cooperation.2013
Appears in 1 contract
Samples: Cooperative Agreement for All Network Interactive Voice Response (Ivr) Service (Kongzhong Corp)
Effectiveness, Amendment and Termination. Article 83 92 The term of this Agreement is one year, shall be as from August January 1, 2012 2014 to July December 31, 20132014. From the effective date of this Agreement, the previous Agreement shall be terminated automatically. Either Party may terminate this Agreement by give a thirty-day written notice to the other Party. Upon expiration of this Agreement, both Parties shall properly handle the remaining matters. This Agreement will maintain its full force and effect till both Parties have fulfilled their obligations hereunder and all amounts and claims between both Parties are fully paid and discharged. The responsible party shall settle all user complaints and claims resulting from termination of this Agreement.
Article 84 During the term of this Agreement, if either Party intends to add new kind of service in cooperation, both Parties may amend or terminate this Agreement through friendly negotiation. enter into a supplementary agreement as an appendix attached hereto.
Article 93 If either Party intends to amend or terminate this Agreement, it shall give a written request notice to the other Party 30 days at least one month in advance. Oral notice is invalid. The other Party shall give a reply within one month. If the other Party refuses negotiation, it shall be deemed that unilaterally terminates this Agreement automatically terminates. Any dispute arising from the termination of this Agreement shall fully indemnify the other Party against all damages and losses resulting therefrombe settled by both Parties through negotiation.
Article 85 During the term 94 Upon termination of this Agreement, Party B shall not send any advertisement or any other irrelevant information to any customer through Party A's communication channels. If Party B violates this provision, it shall indemnify assist Party A against in settling the damages subsequent issues relating to the customers. The responsible party shall settle all customer complaints and losses, and Party A may terminate claims caused by termination of this Agreement.
Article 86 If Party B breaches this Agreement, it shall indemnify Party A against all liabilities arising from any claim of third party, customer complaint or investigation of any government authority due to its breach, and Party A may terminate this Agreement.
Article 87 During the term of this Agreement, if this Agreement conflicts with any new pricing policy or new relevant document issued by Party A's authority, both Parties may amend or terminate this Agreement through negotiation. This Agreement has 90 articles in total. 95 Any issue absent hereof shall be settled in accordance with the management rules such as the Rules of China Mobile Jiangsu Company for the Management of Cooperation in China Mobile Monternet Own Business and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service, as well as the relevant standards and requirements announced in its SXXX new business information management system. Where there is no provision in the management rules, standards and requirements rules mentioned above, it shall be supplemented in writing by both Parties through friendly negotiation. All amendments of the relevant management rules and relevant requirements of new policies will be published in the SXXX system. Party B shall promptly read all announcements posted in the SXXX system, and take the appropriate measures. Party B shall be fully responsible for all losses caused by its failure to read the information published in the SXXX system. It shall be deemed that Party B has understood the notice three days after Party Ahas published the notice.
Article 88 Upon expiration of this Agreement, this Agreement may be renewed provided that the assessment standards set forth in the management rules issued by Party A, such as the Rules for Management of Cooperation in China Mobile Monternet and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service have been meeted.
Article 89 96 This Agreement shall be governed by the applicable laws of China. If a dispute cannot be settled through negotiation, either Party may file an action before the people’s court in the jurisdiction where Party A resides.
Article 90 97 This Agreement (including the AppendixAppendix 1: Undertaking for the Responsibility of Information Security) is made and executed in four (4) counterparts, two for each Party and each being of equal legal effect; and Appendix 2: Anti-corruption Cooperation Agreement is made and executed in three (3) for Party A and one (1) for Party Bcounterparts, each being of equal legal effect.
Appendix 1: Undertaking for the Responsibility of Information Security Appendix 2: Anti-corruption Cooperation Agreement Party A: China Mobile Group Jiangsu Co., Ltd. (Special Seal for Contracts) Party B: Beijing AirInbox Information Technologies Co., Ltd. (Special Seal for Contracts) Authorized Representative: XueDongmei (Signature) Authorized Representative: Jxx Zxxxx Xxx (Signature) Date of Signature: August 20December 15, 2012 2013 Date of Signature: August December 15, 2012 We strongly support and implement 2000
Xxxxxxxx 1: Undertaking for the spirit and requirement Responsibility of the relevant government authorities regarding strengthening management of network culture and resolutely combating illegal activities such as pornography on the Internet. In order to provide healthy information service to the customers, promote the healthy and sustainable development of the telecommunication value-added service industry, we hereby solemn undertake to China Mobile as follows:Information Security
1. We warrant Establish and undertake that improve the internal protection system, information security and confidentiality system and customer information safety management system relating to our products, as well as the information security accountability system and the information release examination and approval system, and strictly examine all contents provided information to be released by us will strictly us.
2. Strictly comply with the Measures for Administration of Internet Information Services Services, and other relevant laws monitor the information released on the platform maintained by us, the information and regulationscontents transmitted through Party A's communication channel, and the conducts and data of the customers, ensure all information and contents are healthy and lawful, and avoid any authorized disclosure of customer information.
3. Display customer code when sending any information through Party A's communication channel, and not directly send any anonymous information to any mobile phone customer.
4. Provide the services in strict compliance with Party A's requirements with respect to the services operated or supported by us and Party A in cooperation. Clearly define the customer group and the scope of customers; we ensure all mobile phone customers accept our services voluntarily; will not produce, reproduce, distribute or disseminate provide any pornographic, obscene or illegal content, or information to any content against the public moral or harmful non-subscribed customer. If we send professional information to the mental health of juvenilesmobile phone customers through Party A's communication channel, we must apply for and obtain the required qualification from the competent government authority, and strictly comply with the relevant provisions.
25. We warrant and undertake that our business in cooperation will comply with the relevant provisions of China Mobile prohibiting fee-collection service of whatever forms, and will not use the all-network IVR business to collect any fee for any other business or service by any of the following means:
(1) To use the all-network IVR business to collect any fee for any service not used or fulfilled through this network, including but not limited to collection of any fee downloading movies or songs;
(2) The businesses and services not covered by the all-network IVR business may not be used unless the all-network IVR business has have been customized or used, including giving other "complimentary" Internet services by customizing or using the all-network IVR business.
36. We warrant and undertake Not provide any non-subscribed service (including information service) to any mobile phone customer beyond the scope of license.
7. Not produce, reproduce, distribute or disseminate any information that we will comply with includes the relevant management rules of China Mobile regarding the channel promotion when we are promoting our businessfollowing contents through Party A's channel:
(1) We will ensure there Content that is no pornographic, illegal or vulgar information or content in our business or promotion channelagainst the basic principles of the Constitution;
(2) We will not use any advertisement alliance Content that endangers national security, divulges national secret, subverts national sovereignty or any other third party to promote our business in cooperationjeopardizes national unity;
(3) We will not use Content that damages the reputation and interests of the State;
(4) Content that incites ethnic hostility and ethnic discrimination or jeopardizes unity among ethnic groups;
(5) Content that damages the national religious policy or advocates sects or feudal superstitions;
(6) Content that disseminates rumors, disturbs the social order or damages social stability;
(7) Content that disseminates obscenity, pornography, gambling, violence, homicide and terror, or incites crime;
(8) Content that insults or slanders others or that infringes their legal rights and interests; and
(9) Other content prohibited by laws or administrative regulations.
(10) Content that releases any advertising or promotional material, or any spam irrelevant to the business;
(11) Use any WAP website (other than our own websitethe all-network IVR) to promote or guide users to subscribe WAP servicesservices in cooperation.
8. If we violate find that any undertaking or warranty mentioned information released by this system clearly falls within the contents listed in Article 7 above, we agree will immediately discontinue the transmission of such information and make a report to assume relevant government authorities.
9. If it is difficult to determine whether certain information released through Party A's channel falls within the contents listed in Article 7 above, we will submit it to the relevant authority for review before it is released.
10. We will keep confidentiality of all liabilities resulting therefrom and personal data of the customers. Without the prior consent of the customers, we will not disclose their personal data to others, unless it is otherwise required by the laws. We hereby guarantee that we will accept the severe penalty imposed by China Mobile. Regards Full Name of the Company: Beijing AirInbox Information Technologies Co., Ltd. Name of Legal Representative: Jxx Xxx Address: 33/F, Tengda Bxxxxxxx, Xx.000, Xx Xxx Xxx, Xxxxxxx Xxxxxxxx, Xxxxxxx Type of Business in Cooperation: All-network IVR Name of Contact: Lxx Xxx Mobile Phone: 10000000000 Tel: 000-00000000 [Signature of Legal Representative]: Jxx Xxx [Corporate Seal]: Beijing AirInbox Information Technologies Co., Ltd. (Special Seal for Contract) Date: August 15, 2012 Party A: The Data Operation Center supervision and management of China Mobile Group Jiangsu Co., Ltd. Party B: Beijing AirInbox Information Technologies Co., Ltd. Supervisor: The Supervision Department of China Mobile Group Jiangsu Co., Ltd. In order to regulate the activities of both Parties in cooperation according to law, strengthen the supervision over corruptive activities, prevent any misconduct during the course of cooperation, and ensure the smooth performance of this Agreement, both Parties hereby enter into this Anti-corruption Agreement through negotiation.
1. Party A and its employees must business operation; if we fails to comply with the following provisions:
(1) To comply with any provision hereof, we will assume all applicable national laws and regulations, legal liabilities and the management rules in the industry;
(2) To strictly implement the procedures and standards in the tendering process;
(3) To exercise its powers in accordance with this Agreement, and not abuse its powers to be picky with Party B, or be negligent in performing its duties or damage the company's interest;
(4) Not to negotiate any business with Party B on behalf liabilities for breach of the company without authorization;
(5) Not to accept any payment (including coupon or card) or gift given by Party B;
(6) Not to accept any feast paid by Party B without authorization, or participate in any entertainment, fitness, travel or any other activity which would affect the impartial performance of the official duties, or ask Party B to reimburse any cost or expense to be paid by any individual;
(7) Not to seek personal interest or for the benefits of any specific connected person by taking advantage of his position or through competition in the same or similar business or through connected transaction;
(8) To promptly inform and report to the Supervisor of any misconduct found during the course of cooperationcontract resulting therefrom.
2. Party B and its employees must comply with the following provisions:
(1) To strictly comply with all applicable national laws and regulations, and the management rules in the industry;
(2) To practice cooperation in good faith and fair competition;
(3) Not to give any payment (coupon or card) or gift to any employee of Party A in whatever forms;
(4) Not to privately negotiate any business with any employee of Party A, or give bribe to any family member or special connected person of any employee of Party A;
(5) Not to arrange any feast, entertainment consumption, travel or any other activity that would affect the impartial performance of the official duties of Party A's employees;
(6) To actively support and cooperate with the investigation of the Supervisor, give a true statement of the facts and provide the relevant information;
(7) To promptly inform and report to the Supervisor of any misconduct found during the course of cooperation.
Appears in 1 contract
Samples: Cooperative Agreement for All Network Interactive Voice Response (Ivr) Service (Kongzhong Corp)
Effectiveness, Amendment and Termination. Article 83 87. The term of this Agreement is one year, shall be as from August December 1, 2012 2013 to July 31November 30, 20132014. From the effective date of this Agreement, the previous Agreement shall be terminated automatically. Either Party may terminate this Agreement by give a thirty-day written notice to the other Party. Upon expiration of this Agreement, both Parties shall properly handle the remaining matters. This Agreement will maintain its full force and effect till both Parties have fulfilled their obligations hereunder and all amounts and claims between both Parties are fully paid and discharged. The responsible party shall settle all user complaints and claims resulting from termination of this Agreement.
Article 84 During the term of this Agreement, if either Party intends to add new kind of service in cooperation, both Parties may amend or terminate this Agreement through friendly negotiationenter into a supplementary agreement as an appendix attached hereto.
88. If either Party intends to amend or terminate this Agreement, it shall give a written request notice to the other Party 30 days at least one month in advance. Oral notice is invalid. The other Party shall give a reply within one month. If the other Party refuses negotiation, it shall be deemed that unilaterally terminates this Agreement automatically terminates. Any dispute arising from the termination of this Agreement shall fully indemnify the other Party against all damages and losses resulting therefrombe settled by both Parties through negotiation.
Article 85 During the term 89. Upon termination of this Agreement, Party B shall not send any advertisement or any other irrelevant information to any customer through Party A's communication channels. If Party B violates this provision, it shall indemnify assist Party A against in settling the damages subsequent issues relating to the customers. The responsible party shall settle all customer complaints and losses, and Party A may terminate claims caused by termination of this Agreement.
Article 86 If Party B breaches this Agreement, it shall indemnify Party A against all liabilities arising from any claim of third party, customer complaint or investigation of any government authority due to its breach, and Party A may terminate this Agreement.
Article 87 During the term of this Agreement, if this Agreement conflicts with any new pricing policy or new relevant document issued by Party A's authority, both Parties may amend or terminate this Agreement through negotiation. This Agreement has 90 articles in total90. Any issue absent hereof shall be settled in accordance with the management rules such as the Rules of China Mobile Jiangsu Company for the Management of Cooperation in China Mobile Monternet and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service, as well as the relevant standards and requirements announced in its SXXX new business information management systemOwn Business. Where there is no provision in the management rules, standards and requirements rules mentioned above, it shall be supplemented in writing by both Parties through friendly negotiation. All amendments of the relevant management rules and relevant requirements of new policies will be published in the SXXX system. Party B shall promptly read all announcements posted in the SXXX system, and take the appropriate measures. Party B shall be fully responsible for all losses caused by its failure to read the information published in the SXXX system. It shall be deemed that Party B has understood the notice three days after Party Ahas published the notice.
Article 88 Upon expiration of this Agreement, this Agreement may be renewed provided that the assessment standards set forth in the management rules issued by Party A, such as the Rules for Management of Cooperation in China Mobile Monternet and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service have been meeted.
Article 89 91. This Agreement shall be governed by the applicable laws of China. If a dispute cannot be settled through negotiation, either Party may file an action before the people’s court in the jurisdiction where Party A resides.
Article 90 92. The contents under cooperation other than those provided in this Agreement may be supplemented by a Cooperation Supplementary Agreement, and shall take effect upon signing and stamping by the Parties.
93. This Agreement (including the AppendixAppendix 1: Undertaking for the Responsibility of Information Security, Appendix 2: Party B’s Business License and Qualification Certificates, Appendix 3, Appraisal Management Rules) is made and executed in four (4) counterparts, three (3) two for each Party A and one (1) for Party B, each being of equal legal effect; and Appendix 4: Cooperation Supplementary Agreement has the same legal effect.
94. The state policies on replacing the business tax with the value-added tax for the communications industry will be issued on January 1, 2014, at which time Party A shall be entitled to unilaterally terminate this Agreement by giving a written notice if it holds that such policies will affect the cooperation mode of game business between the Parties. The relevant fees will be settled based on the actual situation. Neither Party will take any liabilities for breach of contract. If this Agreement is terminated as described above, the Parties will separately sign an agreement if they intend to continue the cooperation. Appendix 1: Undertaking for the Responsibility of Information Security Appendix 2: Party B’s Business License and Qualification Certificates Appendix 3: Appraisal Management Rules Appendix 4: Cooperation Supplementary Agreement Party A: China Mobile Group Jiangsu Co., Ltd. (Special Seal for Contracts) Party B: Beijing AirInbox Information Technologies Shenzhen iDreamSky Technology Co., Ltd. (Special Seal for Contracts) Authorized Representative: XueDongmei (Signature) /s/ electronically signed Authorized Representative: Jxx Xxx (Signature) Date of Signature/s/ electronically signed Signing Date: August 20December 9, 2012 Date of Signature2013 Signing Date: August 15December 9, 2012 We strongly support and implement 2013 Electronic Contract Management Shenzhen iDreamSky Technology Co., Ltd. Master Contract Both parties signed. 2013-12-03 08:47 2013-12-09 16:08 2013-12-19 08:39 ¨ View ¨ Download During the spirit and requirement of the relevant government authorities regarding strengthening management of network culture and resolutely combating illegal activities such as pornography on the Internet. In order to provide healthy information service to the customers, promote the healthy and sustainable development of the telecommunication value-added service industrybusiness cooperation with Party A, we hereby solemn undertake to China Mobile as followswill strictly comply with the state laws and regulations, ensure all information and contents provided by us are secure. We will also:
1. We warrant Establish and undertake that improve the internal protection system, information security and confidentiality system and customer information safety management system relating to our products, as well as the information security accountability system and the information release examination and approval system, and strictly examine all contents provided information to be released by us will strictly us.
2. Strictly comply with the Measures for Administration of Internet Information Services Services, and other relevant laws monitor the information released on the platform maintained by us, the information and regulationscontents transmitted through Party A’s communication channel, and the conducts and data of the customers, ensure all information and contents are healthy and lawful, and avoid any authorized disclosure of customer information.
3. Display customer code when sending any information through Party A’s communication channel, and not directly send any anonymous information to any mobile phone customer.
4. Provide the services in strict compliance with Party A’s requirements with respect to the services operated or supported by us and Party A in cooperation. Clearly define the customer group and the scope of customers; we ensure all mobile phone customers accept our services voluntarily; will not produce, reproduce, distribute or disseminate provide any pornographic, obscene or illegal content, or information to any content against the public moral or harmful non-subscribed customer. If we send professional information to the mental health of juvenilesmobile phone customers through Party A’s communication channel, we must apply for and obtain the required qualification from the competent government authority, and strictly comply with the relevant provisions.
25. We warrant and undertake that our business in cooperation will comply with the relevant provisions of China Mobile prohibiting fee-collection service of whatever forms, and will not use the all-network IVR Monternet business to collect any fee for any other business or service by any of the following means:
(1) To use using the all-network IVR Monternet business to collect any fee for any service not used or fulfilled through this network, including but not limited to collection of any fee downloading movies or songs;
(2) The businesses and services not covered by the all-network IVR Monternet business may not be used unless the all-network IVR Monternet business has been customized or used, including giving other "“complimentary" ” Internet services by customizing or using the all-network IVR Monternet business.
36. We warrant and undertake Not provide any non-subscribed service (including information service) to any mobile phone customer beyond the scope of license.
7. Not produce, reproduce, distribute or disseminate any information that we will comply with includes the relevant management rules of China Mobile regarding the channel promotion when we are promoting our businessfollowing contents through Party A’s channel:
(1) We will ensure there Content that is no pornographic, illegal or vulgar information or content in our business or promotion channelagainst the basic principles of the Constitution;
(2) We will not use any advertisement alliance Content that endangers state security, divulges state secret, subverts state sovereignty or any other third party to promote our business in cooperationjeopardizes state unity;
(3) We will not use Content that damages the reputation and interests of the state;
(4) Content that incites ethnic hostility and ethnic discrimination or jeopardizes unity among ethnic groups;
(5) Content that damages the state religious policy or advocates sects or feudal superstitions;
(6) Content that disseminates rumors, disturbs the social order or damages social stability;
(7) Content that disseminates obscenity, pornography, gambling, violence, homicide and terror, or incites crime;
(8) Content that insults or slanders others or that infringes their legal rights and interests;
(9) Other content prohibited by laws or administrative regulations;
(10) Content that releases any advertising or promotional material, or any spam irrelevant to the business;
(11) Use any WAP website (other than our own websiteMonternet) to promote or guide users to subscribe WAP servicesservices in cooperation.
8. If we violate find that any undertaking or warranty mentioned information released by this system clearly falls within the contents listed in Article 7 above, we agree will immediately discontinue the transmission of such information and make a report to assume relevant government authorities.
9. If it is difficult to determine whether certain information released through Party A’s channel falls within the contents listed in Article 7 above, we will submit it to the relevant authority for review before it is released.
10. We will keep confidentiality of all liabilities resulting therefrom and personal data of the customers. Without the prior consent of the customers, we will not disclose their personal data to others, unless it is otherwise required by the laws. We hereby guarantee that we will accept the severe penalty imposed by China Mobile. Regards Full Name of the Company: Beijing AirInbox Information Technologies Co., Ltd. Name of Legal Representative: Jxx Xxx Address: 33/F, Tengda Bxxxxxxx, Xx.000, Xx Xxx Xxx, Xxxxxxx Xxxxxxxx, Xxxxxxx Type of Business in Cooperation: All-network IVR Name of Contact: Lxx Xxx Mobile Phone: 10000000000 Tel: 000-00000000 [Signature of Legal Representative]: Jxx Xxx [Corporate Seal]: Beijing AirInbox Information Technologies Co., Ltd. (Special Seal for Contract) Date: August 15, 2012 Party A: The Data Operation Center supervision and management of China Mobile Group Jiangsu Co., Ltd. Party B: Beijing AirInbox Information Technologies Co., Ltd. Supervisor: The Supervision Department of China Mobile Group Jiangsu Co., Ltd. In order to regulate the activities of both Parties in cooperation according to law, strengthen the supervision over corruptive activities, prevent any misconduct during the course of cooperation, and ensure the smooth performance of this Agreement, both Parties hereby enter into this Anti-corruption Agreement through negotiation.
1. Party A and its employees must business operation; if we fails to comply with the following provisions:
(1) To comply with any provision hereof, we will assume all applicable national laws and regulations, legal liabilities and the management rules in liabilities for breach of contract resulting therefrom. To provide the industry;
(2) To strictly implement the procedures and standards in the tendering process;
(3) To exercise its powers in accordance with this Agreement, and not abuse its powers to be picky with scanned copies of Party B, or be negligent in performing its duties or damage the company's interest;
(4) Not to negotiate any ’s business with Party B on behalf of the company without authorization;
(5) Not to accept any payment (including coupon or card) or gift given by Party B;
(6) Not to accept any feast paid by Party B without authorization, or participate in any entertainment, fitness, travel or any other activity which would affect the impartial performance of the official duties, or ask Party B to reimburse any cost or expense to be paid by any individual;
(7) Not to seek personal interest or for the benefits of any specific connected person by taking advantage of his position or through competition in the same or similar business or through connected transaction;
(8) To promptly inform license and report to the Supervisor of any misconduct found during the course of cooperation.
2. Party B and its employees must comply with the following provisions:
(1) To strictly comply with all applicable national laws and regulations, and the management rules in the industry;
(2) To practice cooperation in good faith and fair competition;
(3) Not to give any payment (coupon or card) or gift to any employee of Party A in whatever forms;
(4) Not to privately negotiate any business with any employee of Party A, or give bribe to any family member or special connected person of any employee of Party A;
(5) Not to arrange any feast, entertainment consumption, travel or any other activity that would affect the impartial performance of the official duties of Party A's employees;
(6) To actively support and cooperate with the investigation of the Supervisor, give a true statement of the facts and provide the relevant information;
(7) To promptly inform and report to the Supervisor of any misconduct found during the course of cooperation.qualification certifications
Appears in 1 contract
Samples: Game Business Cooperation Agreement (iDreamSky Technology LTD)
