Effectiveness, Amendment and Termination. Article 92 The term of this Agreement shall be as from January 1, 2014 to December 31, 2014. During the term of this Agreement, if either Party intends to add new kind of service in cooperation, both Parties may 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 notice to the other Party 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 this Agreement automatically terminates. Any dispute arising from the termination of this Agreement shall be settled by both Parties through negotiation. Article 94 Upon termination of this Agreement, Party B shall assist Party A in settling the subsequent issues relating to the customers. The responsible party shall settle all customer complaints and claims caused by termination of this Agreement. Article 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 Own Business and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service. Where there is no provision in the management rules mentioned above, it shall be supplemented in writing by both Parties through friendly negotiation. Article 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 97 This Agreement (including Appendix 1: Undertaking for the Responsibility of Information Security) is made and executed in four 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 counterparts, 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: (Signature) Authorized Representative: Z▇▇▇▇ ▇▇▇ (Signature) Date of Signature: December 15, 2013 Date of Signature: December 15, 2▇▇▇ ▇▇▇▇▇▇▇▇ 1: Undertaking for the Responsibility of Information Security 1. Establish and 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 information to be released by us. 2. Strictly comply with the Measures for Administration of Internet Information Services, and monitor the information released on the platform maintained by us, the information and contents 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; ensure all mobile phone customers accept our services voluntarily; will not provide any information to any non-subscribed customer. If we send professional information to the mobile 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. 5. 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 have been customized or used, including giving other "complimentary" Internet services by customizing or using the all-network IVR business. 6. 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 includes the following contents through Party A's channel: (1) Content that is against the basic principles of the Constitution; (2) Content that endangers national security, divulges national secret, subverts national sovereignty or jeopardizes national unity; (3) 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 the all-network IVR) to promote or guide users to subscribe WAP services in cooperation. 8. If we find that any information released by this system clearly falls within the contents listed in Article 7 above, we 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 China Mobile Group Jiangsu Co., Ltd. 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.
Appears in 1 contract
Sources: Cooperative Agreement for All Network Interactive Voice Response (Ivr) Service (Kongzhong Corp)
Effectiveness, Amendment and Termination. Article 92 87. The term of this Agreement shall be as from January December 1, 2014 2013 to December 31November 30, 2014. During the term of this Agreement, if either Party intends to add new kind of service in cooperation, both Parties may enter into a supplementary agreement as an appendix attached hereto.
Article 93 88. If either Party intends to amend or terminate this Agreement, it shall give a written notice to the other Party 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 this Agreement automatically terminates. Any dispute arising from the termination of this Agreement shall be settled by both Parties through negotiation.
Article 94 89. Upon termination of this Agreement, Party B shall assist Party A in settling the subsequent issues relating to the customers. The responsible party shall settle all customer complaints and claims caused by termination of this Agreement.
Article 95 90. 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 Own Business and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response ServiceBusiness. Where there is no provision in the management rules mentioned above, it shall be supplemented in writing by both Parties through friendly negotiation.
Article 96 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 97 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 Appendix 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 counterparts, two for each Party and each being of equal legal effect; and Appendix 24: Anti-corruption Cooperation Supplementary Agreement is made and executed in three counterparts, each being of equal 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: Anti-corruption 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: (Signature) /s/ electronically signed Authorized Representative: Z▇▇▇▇ ▇▇▇ (Signature) Date of Signature/s/ electronically signed Signing Date: December 159, 2013 Date of SignatureSigning Date: December 159, 2▇▇▇
▇▇▇▇▇▇▇▇ 1: Undertaking for 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 Responsibility of Information Securitybusiness cooperation with Party A, we will strictly comply with the state laws and regulations, ensure all information and contents provided by us are secure. We will also:
1. Establish and 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 information to be released by us.
2. Strictly comply with the Measures for Administration of Internet Information Services, and monitor the information released on the platform maintained by us, the information and contents transmitted through Party A's ’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 ’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 ’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; ensure all mobile phone customers accept our services voluntarily; will not provide any information to any non-subscribed customer. If we send professional information to the mobile phone customers through Party A's ’s communication channel, we must apply for and obtain the required qualification from the competent government authority, and strictly comply with the relevant provisions.
5. 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 have has been customized or used, including giving other "“complimentary" ” Internet services by customizing or using the all-network IVR Monternet business.
6. 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 includes the following contents through Party A's ’s channel:
(1) Content that is against the basic principles of the Constitution;
(2) Content that endangers national state security, divulges national state secret, subverts national state sovereignty or jeopardizes national state unity;
(3) Content that damages the reputation and interests of the Statestate;
(4) Content that incites ethnic hostility and ethnic discrimination or jeopardizes unity among ethnic groups;
(5) Content that damages the national 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; 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 the all-network IVRMonternet) to promote or guide users to subscribe WAP services in cooperation.
8. If we find that any information released by this system clearly falls within the contents listed in Article 7 above, we 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 ’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 China Mobile Group Jiangsu Co., Ltd. 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.. To provide the scanned copies of Party B’s business license and qualification certifications
Appears in 1 contract
Sources: Game Business Cooperation Agreement (iDreamSky Technology LTD)
Effectiveness, Amendment and Termination. Article 92 88. The term of this Agreement shall be as from January 1, 2014 2015 to December 31, 20142015. During the term of this Agreement, if either Party intends to add new kind of service in cooperation, both Parties may 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 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.
Article 93 89. If either Party intends to amend or terminate this Agreement, it shall give a written notice to the other Party 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 this Agreement automatically terminates. Any dispute arising from the termination of this Agreement shall be settled by both Parties through negotiation.
Article 94 90. Upon termination of this Agreement, Party B shall assist Party A in settling the subsequent issues relating to the customers. The responsible party shall settle all customer complaints and claims caused by termination of this Agreement.
Article 95 91. 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 Own Business and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response ServiceBusiness. Where there is no provision in the management rules mentioned above, it shall be supplemented in writing by both Parties through friendly negotiation.
Article 96 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 97 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 Appendix 1: Undertaking for the Responsibility of Information Security, Appendix 2: Integrity Cooperation Agreement) is made and executed in four counterparts, two for each Party and each being of equal legal effect; and Appendix 2: Anti-corruption .
95. The Game Business Cooperation Agreement entered into previously between Party B and China Mobile Group Jiangsu Co., Ltd. shall be terminated upon effectiveness of this agreement. To the extent there is made any conflict between the terms of this agreement and executed in three counterpartsthe Game Business Cooperation Agreement between Party B and China Mobile Group Jiangsu Co., each being of equal legal effect.
Ltd., this agreement shall prevail. Appendix 1: Undertaking for the Responsibility of Information Security Appendix 2: Anti-corruption Integrity Cooperation Agreement Party A: China Mobile Group Jiangsu Migu Interactive Entertainment Limited Party B: 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 for ContractsMaster contract_re-executed CP in January 2015) Party B: Beijing AirInbox Information Technologies Co., Ltd. (Special Seal for Contracts) Authorized Representative: (Signature) Authorized Representative: Z▇▇▇▇ ▇▇▇ (Signature) Date of Signature: December 15, 2013 Date of Signature: December 15, 2▇▇▇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 the Responsibility of Information Security
1. Establish and 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 information to be released by us.
2. Strictly comply with the Measures for Administration of Internet Information Services, and monitor the information released on the platform maintained by us, the information and contents transmitted through Party A's ’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 ’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 ’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; ensure all mobile phone customers accept our services voluntarily; will not provide any information to any non-subscribed customer. If we send professional information to the mobile phone customers through Party A's ’s communication channel, we must apply for and obtain the required qualification from the competent government authority, and strictly comply with the relevant provisions.
5. 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 have has been customized or used, including giving other "“complimentary" ” Internet services by customizing or using the all-mobile network IVR business.
6. Not provide any non-subscribed service (including information service) to any mobile phone Party A customer beyond the scope of license.
7. Not produce, reproduce, distribute or disseminate any information that includes the following contents through Party A's ’s channel:
(1) Content that is against the basic principles of the Constitution;
(2) Content that endangers national state security, divulges national state secret, subverts national state sovereignty or jeopardizes national state unity;
(3) Content that damages the reputation and interests of the Statestate;
(4) Content that incites ethnic hostility and ethnic discrimination or jeopardizes unity among ethnic groups;
(5) Content that damages the national 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; 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 the all-network IVRmobile network) to promote or guide users to subscribe WAP services in cooperation.
8. If we find that any information released by this system clearly falls within the contents listed in Article 7 above, we 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 ’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 China Mobile Group Jiangsu Co., Ltd. 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. Party A: Migu Interactive Entertainment Limited Party B: Shenzhen iDreamSky Technology Co., Ltd. In order to standardize the practices of integrity of the Parties and their respective staff, safeguard the legitimate 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 prohibited activities in violation hereof during the performance of this Agreement;
3. actively support and assist the supervisor in relevant investigative work.
Article 3 Party A and its employees shall comply with the following:
1. none of Party A’s working staff and their respective spouse, children or other specific affiliated persons shall ask for, accept or possess, under the excuse of borrowing, the money or properties of Party B or its working staff;
2. 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 ability of such working staff to act fairly in his/her official capacity;
3. none of Party A’s working staff and their respective spouse, children or other specific affiliated persons shall accept any money or various valuable securities, payment vouchers and dry shares offered by Party B;
4. none of Party A’s working staff and their respective spouse, children or other specific affiliated persons shall ask Party B to pay the expenses or receipts and invoices that should be borne by such persons on their own;
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 act fairly in his/her official capacity;
6. when Party B offers anything mentioned in the above items 1 to 5 or conducts any other illegal acts in violation of integrity principles, Party A’s working staff and their respective spouse, children or other specific affiliated persons shall decline such offer; those that cannot be declined shall be reported and submitted to Party A in time;
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 may affect his/her ability to act fairly in his/her official capacity when conducting work with Party B.
Article 4 Party B and its employees shall comply with the following:
1. 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 other 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 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 above items 1 to 5 or conducts any other illegal acts in violation of integrity principles, Party B shall decline such request and be obliged to report such act to Party A in time, and Party A shall safeguard the legitimate rights and interests of Party B’s concerned person.
7. any of Party B’s working staff shall propose withdrawal if he/she discovers anything that has an interest with him/herself or his/her relatives when conducting work with Party A.
Appears in 1 contract
Sources: Game Business Cooperation Agreement (iDreamSky Technology LTD)
Effectiveness, Amendment and Termination. Article 92 91 The term of this Agreement shall be as from January August 1, 2014 2013 to December 31, 20142013. During the term of this Agreement, if either Party intends to add new kind of service in cooperation, both Parties may enter into a supplementary agreement as an appendix attached hereto.
Article 93 92 If either Party intends to amend or terminate this Agreement, it shall give a written notice to the other Party 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 this Agreement automatically terminates. Any dispute arising from the termination of this Agreement shall be settled by both Parties through negotiation.
Article 94 93 Upon termination of this Agreement, Party B shall assist Party A in settling the subsequent issues relating to the customers. The responsible party shall settle all customer complaints and claims caused by termination of this Agreement.
Article 95 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 Own Business and the Rules for Management of Cooperation in China Mobile All-network Interactive Voice Response Service. Where there is no provision in the management rules mentioned above, it shall be supplemented in writing by both Parties through friendly negotiation.
Article 96 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 97 96 This Agreement (including Appendix 1: Undertaking for the Responsibility of Information Security) is made and executed in four 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 counterparts, 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: Xue Dongmei (Signature) Authorized Representative: Z▇▇J▇▇ ▇▇▇ (Signature) Date of Signature: December August 15, 2013 Date of Signature: December August 15, 2▇▇▇
▇▇▇▇▇▇▇▇ 1: Undertaking for the Responsibility of Information Security
1. Establish and 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 information to be released by us.
2. Strictly comply with the Measures for Administration of Internet Information Services, and monitor the information released on the platform maintained by us, the information and contents 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; ensure all mobile phone customers accept our services voluntarily; will not provide any information to any non-subscribed customer. If we send professional information to the mobile 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.
5. 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 have been customized or used, including giving other "complimentary" Internet services by customizing or using the all-network IVR business.
6. 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 includes the following contents through Party A's channel:
(1) Content that is against the basic principles of the Constitution;
(2) Content that endangers national security, divulges national secret, subverts national sovereignty or jeopardizes national unity;
(3) 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 the all-network IVR) to promote or guide users to subscribe WAP services in cooperation.
8. If we find that any information released by this system clearly falls within the contents listed in Article 7 above, we 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 China Mobile Group Jiangsu Co., Ltd. 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.2013
Appears in 1 contract
Sources: Cooperative Agreement for All Network Interactive Voice Response (Ivr) Service (Kongzhong Corp)
Effectiveness, Amendment and Termination. Article 92 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 as 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 January 1, 2014 to December 31, 2014. 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 enter into a supplementary agreement as an appendix attached hereto.
Article 93 amend or terminate this Agreement through friendly negotiation. If either Party intends to amend or terminate this Agreement, it shall give a written notice request to the other Party at least one month 30 days in advance. Oral notice is invalid. The other Party that unilaterally terminates this Agreement shall give a reply within one month. If fully indemnify the other Party refuses negotiation, it shall be deemed that this Agreement automatically terminates. Any dispute arising from the termination of this Agreement shall be settled by both Parties through negotiationagainst all damages and losses resulting therefrom.
Article 94 Upon termination 85 During the term of this Agreement, Party B shall assist 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 in settling against the subsequent issues relating to the customers. The responsible party shall settle all customer complaints damages and claims caused by termination of losses, and Party A may terminate this Agreement.
Article 95 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 Jiangsu Company for the Management of Own Business 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 S▇▇▇ new business information management system. Where there is no provision in the management rules 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 S▇▇▇ system. Party B shall promptly read all announcements posted in the S▇▇▇ 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 S▇▇▇ system. It shall be deemed that Party B has understood the notice three days after Party Ahas published the notice.
Article 96 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 97 90 This Agreement (including Appendix 1the Appendix: Undertaking for the Responsibility of Information Security) is made and executed in four (4) counterparts, two three (3) for each Party A and each being of equal legal effect; and Appendix 2: Anti-corruption Cooperation Agreement is made and executed in three counterpartsone (1) for Party B, 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: Z▇▇J▇▇ ▇▇▇ (Signature) Date of Signature: December 15August 20, 2013 2012 Date of Signature: December August 15, 2▇▇▇
▇▇▇▇▇▇▇▇ 1: Undertaking for 2012 We strongly support and implement the Responsibility spirit and requirement of Information Securitythe 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. Establish We warrant and 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 undertake that all contents provided by us will strictly examine all information to be released by us.
2. Strictly comply with the Measures for Administration of Internet Information ServicesServices and other relevant laws and regulations; we will not produce, and monitor reproduce, distribute or disseminate any pornographic, obscene or illegal content, or any content against the information released on public moral or harmful to the platform maintained by us, the information and contents transmitted through Party A's communication channel, and the conducts and data mental health of the customers, ensure all information and contents are healthy and lawful, and avoid any authorized disclosure of customer informationjuveniles.
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; ensure all mobile phone customers accept our services voluntarily; will not provide any information to any non-subscribed customer. If we send professional information to the mobile 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.
52. 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 have has been customized or used, including giving other "complimentary" Internet services by customizing or using the all-network IVR business.
63. Not provide any non-subscribed service (including information service) to any mobile phone customer beyond We warrant and undertake that we will comply with the scope relevant management rules of license.
7. Not produce, reproduce, distribute or disseminate any information that includes China Mobile regarding the following contents through Party A's channelchannel promotion when we are promoting our business:
(1) Content that We will ensure there is against the basic principles of the Constitutionno pornographic, illegal or vulgar information or content in our business or promotion channel;
(2) Content that endangers national security, divulges national secret, subverts national sovereignty We will not use any advertisement alliance or jeopardizes national unityany other third party to promote our business in cooperation;
(3) 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 We will not use any WAP website (other than the all-network IVRour own website) to promote or guide users to subscribe WAP services in cooperation.
8services. If we find that violate any information released by this system clearly falls within the contents listed in Article 7 undertaking or warranty mentioned above, we will immediately discontinue agree to assume all liabilities resulting therefrom and accept the transmission severe penalty imposed by China Mobile. Regards Full Name of such information and make a report to relevant government authoritiesthe Company: Beijing AirInbox Information Technologies Co., Ltd. Name of Legal Representative: J▇▇ ▇▇▇ Address: 33/F, Tengda B▇▇▇▇▇▇▇, ▇▇.
9. If it is difficult to determine whether certain information released through ▇▇▇, ▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Type of Business in Cooperation: All-network IVR Name of Contact: L▇▇ ▇▇▇ Mobile Phone: 1▇▇▇▇▇▇▇▇▇▇ Tel: 0▇▇-▇▇▇▇▇▇▇▇ [Signature of Legal Representative]: J▇▇ ▇▇▇ [Corporate Seal]: Beijing AirInbox Information Technologies Co., Ltd. (Special Seal for Contract) Date: August 15, 2012 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 : 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 business operation; if we fails to 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 any provision hereofthe following provisions:
(1) To comply with all applicable national laws and regulations, we will assume all legal liabilities and the liabilities 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 breach the benefits of contract resulting therefromany 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.
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