Party A’s Rights and Obligations. 1. Party A has right to sign the contract and shall be obliged after the contract takes into effect. 2. Party A Shall have the right to demand Party B to pay rents according to the agreed amount under the contract. 3. Party A has the all ownership of the lease property. Party A owns the right to supervise assets safety maintenance, rights and interests during its operational management, but should not effect Party B’s normal operation. 4. Party A pledges the leased property ownership belongs to Party A, and hasn't rent its use rights out to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessories. 5. Party A guarantee there is no disagreement on ownership and shall not affect Party B's normal production and operation activities due to Party A's reasons. 6. Party A pledges that in the lease term, Party A shall not make any new guarantee or other limitations regarding on other rights. 7. Party A pledges the dated as terminate date of this agreement, the leased property are applicable to use. 8. Party A pledges not to intervene Party B's formal business and operation. 9. Party A pledges and assures during Party B's lease term, roadways and channels are unblocked and shall not charge fees on road and transportation from Party B by any reason. 10. Party A shall assist Party B in petitioning the local government to strictly put favorable policies, coordinate and handle various social relationships during the term of the contract in order to assure Party B enjoys equal treatment in local spot. 11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area. 12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B. 13. Party A pledges to assist Party B to conduct normal production and operations on the date of entry.
Appears in 1 contract
Party A’s Rights and Obligations. 1. Article 20 Party A has right to sign the contract and shall be obliged after the contract takes into effect.
2. Party A Shall have the right to demand adjust the channel expansion service fee and channel support cost policies according to changes in the relevant national polices, market competition situation, technological progress, service or product updates, and so forth. The adjusted policies shall be deemed as an effective part of this Agreement. The adjusted policies shall be implemented as of the effective date determined by Party A. Party A shall promptly notify Party B the relevant policies have been adjusted.
Article 21 Party A has the right to supervise and inspect Party B’s implementation of the registration of customers’ true identity information and the protection of personal data of customers in accordance with the relevant regulations of the State Administration for the industry. For details of the terms, please refer to Annex 3 to this Agreement, “Requirements and Agreement related to China Unicom Agencies’ Implementation of ‘Protection of Personal Data of Users’ and ‘Registration of Users’ True Identity Information’”.
Article 22 Party A has the right to instruct Party B to pay rents according operate various service activities under this Agreement, and to the agreed amount under the contract.
3supervise and inspect Party B’s marketing activities, customer service quality, and implementation of tariff standards on a regular or irregular basis. Party A has the all ownership right to independently formulate and adjust relevant normative requirements and appraisal methods. These shall be used to appraise the status of completion of the lease propertyservice development objectives and performance warranted by Party B and the various indicators such as Party B’s service capabilities, development of customer quality, service quality, creditworthiness and payment speed. Party A owns has the right to supervise assets safety maintenance, rights and interests during its operational management, but should not effect adjust the agency qualification level of Party B’s normal operation.
4. Party A pledges the leased property ownership belongs to Party A, and hasn't rent its use rights out B according to the third Party, also hasn't conduct a mortgage guarantee for lease assets, appraisal results and take corresponding land or accessoriesreward and punitive measures.
5. Party A guarantee there is no disagreement on ownership and shall not affect Party B's normal production and operation activities due to Party A's reasons.
6. Party A pledges that in the lease term, Party A shall not make any new guarantee or other limitations regarding on other rights.
7. Party A pledges the dated as terminate date of this agreement, the leased property are applicable to use.
8. Party A pledges not to intervene Party B's formal business and operation.
9. Party A pledges and assures during Party B's lease term, roadways and channels are unblocked and shall not charge fees on road and transportation from Party B by any reason.
10. Party A shall assist Party B in petitioning the local government to strictly put favorable policies, coordinate and handle various social relationships during the term of the contract in order to assure Party B enjoys equal treatment in local spot.
11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area.
12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist Party B to conduct normal production and operations on the date of entry.
Appears in 1 contract
Samples: Construction and Operation Cooperation Agreement (FingerMotion, Inc.)
Party A’s Rights and Obligations. 1. 5.1 Party A has right to sign shall provide Party A’s Product and be responsible for the contract product planning, making, market publicity and shall be obliged after promotion of the contract takes into effectCooperation Business between the Parties.
2. 5.2 Party A Shall have guarantees to comply with the right to demand relevant rules established by the communications operators cooperating with Party B; guarantees that the product contents as well as information sources and information contents of application services operated with the channel leased from Party B to pay rents according to the agreed amount under the contractare healthy, lawful, timely and reliable; guarantees that information contents provided do not violate relevant state policies, laws and decrees or damage Party A’s interests.
3. 5.3 Party A has shall use the all ownership technical protocol standard and interface standard of SMS comprehensive information platform provided by Party B only for the development of the lease propertyrelevant applications of the business set forth herein. Party A owns the right to supervise assets safety maintenance, rights and interests during its operational management, but should not effect Without Party B’s normal operation.
4. Party A pledges the leased property ownership belongs to Party A, and hasn't rent its use rights out to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessories.
5. Party A guarantee there is no disagreement on ownership and shall not affect Party B's normal production and operation activities due to Party A's reasons.
6. Party A pledges that in the lease termwritten consent, Party A shall not make any new guarantee or other limitations regarding on other rights.
7. Party A pledges the dated as terminate date of this agreement, the leased property are applicable to use.
8. Party A pledges not to intervene use Party B's formal ’s business and operationcode, billing channel or business management interface network for any illegal publicity, group sending promotion or arrear self-consumption, unhealthy business, etc.
9, outside the cooperation contents set forth herein. Party A pledges and assures during Party B's lease termIf any such problem is found, roadways and channels are unblocked and shall not charge fees on road and transportation from Party B by any reason.
10. has the right to terminate this Agreement and Party A shall assist Party B in petitioning be liable for all the local government to strictly put favorable policies, coordinate and handle various social relationships during the term of the contract in order to assure Party B enjoys equal treatment in local spot.
11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area.
12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed losses thus incurred by Party B.
13. 5.4 Party A pledges shall designate special persons to assist provide technical support for Party B at the product declaration stage and trial operation stage of the Cooperation Business.
5.5 Party B warrants that it has sufficient, complete and valid intellectual property right in and has obtained due authorization in respect of the Cooperation Business and Party A’s Product hereunder, including, but not limited to, copyright, neighboring right, right of network dissemination, etc., and they are free of any right defect and do not infringe upon the other lawful interests of any third party or violate any law or regulation.
5.6 Party A shall ensure that the product contents provided by Party A, including, without limitation, the text information, pictures, sounds, processes and forms of product, will comply with the administration regulations of the state and operators and contain specific fee reminder and the business fee standard, etc., shall conform to conduct normal production the specifications and operations requirements of operators and relevant administration departments. In the case of any dispute arising from product contents, fee reminder, etc., Party A shall assume for the corresponding liabilities and economic compensation.
5.7 Party A agrees and undertakes to fully indemnify and hold harmless Party B from and against all the losses incurred by Party B (including, but not limited to, penalty, damages, litigation costs, lawyer’s fee, travel costs and other reasonable expenses) due to Party A’s Product and/or promotion channel’s violation of relevant laws and regulations, and/or infringement of the intellectual property rights or other rights of any third person, and/or violation of the regulations of relevant regulatory body and telecommunications operator, and/or incorporation of the contents damaging others’ name, portrait, reputation, privacy or personality or defamatory contents, and/or incorporation of any pornographic, indecent and obscene contents, resulting to a punishment imposed on Party B by the date regulatory body and/or operator imposes, and/or any claim, litigation or other proceedings made by any third person against Party B as a result of entryinfringement of or damage or harm to any third person. Upon occurrence of any of the foregoing, Party B has the right to suspend paying relevant consideration to Party A and offset the retained amount against Party B’s losses.
5.8 Party A shall not provide Party B’s channel interface to a third party. Otherwise, Party B has the right to terminate cooperation and demand Party A to compensate all the losses thus incurred by Party B.
Appears in 1 contract
Samples: Cooperation Agreement (SKY-MOBI LTD)
Party A’s Rights and Obligations. 1. According to the exclusive license under this Agreement, Party A has shall have the right to sign exclusively operate LAW in the contract mainland of China and shall be obliged after the contract takes into effect.to pay a License Fee and a revenue share to Party B.
2. Party A Shall shall have the right to demand examine the product version provided by Party B and, if Party B finds any problems, to request Party B to pay rents according rectify any problems at any time in order to ensure the agreed amount under normal operation of the contractLicensed Product.
3. Party A has shall launch the open test within six (6) months after receiving the original disk and the relevant documents and obtain all ownership of the lease property. Party A owns necessary permits for the right to supervise assets safety maintenance, rights and interests during its operational management, but should not effect Party B’s normal operationcommercial operation in the PRC.
4. Party A pledges shall have the leased property ownership belongs right to Party A, decide on the promotion strategies of the Licensed Product independently and hasn't rent its use rights out to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessoriesimplement it.
5. All relevant costs and expenses that occur during the operation of the Licensed Product shall be borne by Party A guarantee there is no disagreement on ownership A. The “relevant costs and expenses” shall not affect Party B's normal production include without limitation the fees of servers, the fees of the data base software, the fees charged for the deposit of servers and operation activities due to Party A's reasonsthe use of broadband network, commercial issuing fees for the product, all the purchase cost and maintenance fees of servers, the fees charged for the support and call centre necessary for the product and relevant software, the design and issuing fees charged for the promotion of the product (including the fees for making cards, CDs, advertisements, posters and presents) and the distribution channel promotion fees.
6. Party A pledges that is responsible for securing the approvals for publishing the Licensed Product from the relevant authorities of the PRC and obtaining all the permits necessary for the commercial operation of the Licensed Product in the lease term, PRC. Party B shall assist Party A to conduct such application and shall not make any new guarantee provide the relevant documents required for the approvals or other limitations regarding on other rightspermits in accordance with the relevant regulations of the PRC.
7. Party A pledges shall bear the dated as terminate date cost of this agreementthe fixed assets for the market operation of the Licensed Product, management and operating costs, customer service costs and public relations and market promotion expenses, including the leased property are applicable to usejoint advertisement by both Parties, business advertising, storefront advertising, in-store promotions and any other necessary promotion activities. If the market promotion undertaken by Party A requests the assistance of Party B, Party A shall consult with Party B in advance.
8. Party A pledges not agrees to intervene provide a monthly sales report to Party B's formal business , which shall contain gross sales, the number of paid consumers and operationthe number of concurrent users each month.
9. Party A pledges and assures during Party B's lease term, roadways and channels are unblocked that its employees will comply with the intellectual property requirements and shall not charge fees on road supervise and transportation prohibit its employees from disassembling, modifying, reverse engineering or copying the Licensed Product without the written consent of Party B by any reasonB. have been separately filed with the SEC.
10. Party A shall assist Party B in petitioning possess the local government to strictly put favorable policies, coordinate and handle various social relationships during the term ownership of the contract in order to assure Party B enjoys equal treatment in local spotuser database and the charging data.
11. During lease termTo avoid any misunderstanding, Party A can't engage in production the same as Party B Parties intend to allow the users to use the Licensed Product and obtain the user end software free of charge in the Shenzhou administrative areaearly stages of the cooperation.
12. Party A pledges to assure sewage disposal facilityshall guarantee the safety of the Licensed Product’s programs, arts documents and crafts source code and shall meet protect them from the Emission Standard A, Level One negative impact of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist Party B to conduct normal production and commercial operations on or any other usages of the date Licensed Product because of entrya leakage in the aforesaid information.
Appears in 1 contract
Party A’s Rights and Obligations. 1. Party A shall ensure that for the entire term of this Agreement, it has right all authorizations, licenses, approvals and qualifications required for its operation, and execution and performance of this Agreement. Party A shall furnish Party B with information of Party A’s identity and operation, including but not limited to sign various licenses, permits and administrative approvals required for Party A’s operation. In case of any change to the contract said information, Party A shall promptly furnish Party B with updated information in writing. Party B may act in full reliance on the pre-change information prior to verification of the updated information, and Party A shall be obliged after assume on its own any and all risks arising therefrom. In addition, Party A shall bear any and all risks and liabilities arising from any delivery by mistake, lack of clarity, inaccuracy, untruth, delay and incompleteness of the contract takes into effectsaid information.
2. Party A Shall have the right to demand acknowledges and agrees that Party B performs the Deduction and Payment Agency Services hereunder for Party A, subject to pay rents according Party A’s designated payment bank’s opening to Party B’s deduction service, and that Party A shall separately apply to Party A’s designated payment bank for activating deduction service; and further, that it is subject to the agreed amount under the contractrules of collection and payment services and other businesses of Party A’s designated payment bank whether Party B could perform Collection and Payment Agency Services.
3. Party A has acknowledges and agrees that Party B may perform the all ownership of the lease property. Collection Agency Service hereunder for Party A owns only upon Party A’s obtaining of designated client’s sufficient authorization. If any client files complaint as a result of Party A’s failure to obtain such client’s authorization, Party A shall be responsible to resolve the right issue and relieve Party B from any liability arising therefrom; and Party A shall indemnify and hold Party B harmless from and against any loss resulted therefrom to supervise assets safety maintenance, rights and interests during its operational management, but should not effect Party B’s normal operation.B.
4. Party A pledges shall ensure the leased property ownership belongs to compliance and regularity of its own services, and shall be independently liable for any complaint, refund, settlement of dispute, penalty etc. arising from any default, infringement, breach of law and irregularity in Party A’s operating activities. Party A shall fully compensate any of Party B’s losses as a result thereof, and hasn't rent its use rights out Party B shall have the right to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessoriesearly terminate this Agreement.
5. Party A guarantee there is no disagreement on ownership shall perform its anti-money-laundering obligations in accordance with laws and regulations as well as regulatory requirements, and shall not affect actively cooperate with Party B's normal production and operation activities due to Party A's reasons.
6B in performing anti-money-laundering obligations. Party A pledges that in the lease termIn addition, Party A shall not make any new guarantee or other limitations regarding on other rights.
7. Party A pledges the dated as terminate date of this agreement, the leased property are applicable to use.
8. Party A pledges not to intervene Party B's formal business and operation.
9. Party A pledges and assures during Party B's lease term, roadways and channels are unblocked and shall not charge fees on road and transportation from Party B by any reason.
10. Party A shall assist actively cooperate with Party B in petitioning the local government implementing relevant regulatory requirements, including but not limited to strictly put favorable policies, coordinate perambulation inspection and handle various social relationships during the term of the contract in order to assure Party B enjoys equal treatment in local spotcooperative investigation.
11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area.
12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist Party B to conduct normal production and operations on the date of entry.
Appears in 1 contract
Samples: Collection and Payment Agency Service Agreement (Qudian Inc.)
Party A’s Rights and Obligations. 1. 7.1 Party A has right shall state the facts of cases objectively and in detail to sign Party B and provide authentic information related to the contract and shall be obliged after the contract takes into effectcases.
2. 7.2 Party A Shall shall pay the service fee agreed upon herein in a timely manner.
7.3 Party A shall provide necessary legal assistance to Party B in debt collection.
7.4 Party A shall have the right to demand inspect and supervise the case handling progress and quality of Party B’s services at any time.
7.5 Party A shall have the right to inquire from Party B about the investigation information and handling status of the cases, and request Party B to pay rents according provide information related to the agreed amount under the contractcases.
3. 7.6 In the event of any material adverse effect on Party A has the all ownership of the lease property. Party A owns the right to supervise assets safety maintenance, rights and interests during its operational management, but should not effect that arises or will arise from Party B’s normal operation.
4. Party A pledges provision of the leased property ownership belongs to Party A, and hasn't rent its use rights out to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessories.
5. Party A guarantee there is no disagreement on ownership and shall not affect Party B's normal production and operation activities due to Party A's reasons.
6. Party A pledges that in the lease termcommissioned debt collection services, Party A shall not have the right to propose termination of this Contract and all authorizations related to this Contract by giving a written notice to that effect, in which case, this Contract shall terminate from the date when Party A’s written notice is delivered to Party B, and Party B shall no longer carry out the debt collection hereunder. Otherwise, Party B shall make full compensation for any new guarantee losses so caused to Party A or other limitations regarding on other rightsany third party.
7. 7.7 Party A pledges may decide the dated as terminate date number of cases outsourced to Party B according to the latter’s track record, peer review, service quality, and its own outsourcing strategy, outsourcing needs, etc.
7.8 Party A shall have the right to claim compensation against Party B for the latter’s breach of this agreement, the leased property are applicable to useContract in accordance with laws and regulations and this Contract.
8. 7.9 Party A pledges not shall have the right to intervene audit Party B's formal ’s business from time to time, including regular audits and operationextraordinary audits. A regular audit shall generally be a non-field audit, which will be done mainly by means of a review of statements (debt collection records, outsourcing history of cases, expected recovered amount, debt collection results statistics, past due reasons statistics, etc.
9), review of recordings, spot checks on follow-up of the Delinquent Customers, and follow-up on complaints. An extraordinary audit shall generally be a field audit which will be done without prior notice from Party A pledges and assures during to Party B's lease term, roadways and channels are unblocked Party B shall cooperate with any retrieval and consultation of information requested by Party A. Party A may engage a professional agency to audit Party B.
7.10 To the extent that a Delinquent Customer is a merchant registered in Party A’s online system and has funds retained in its online account (hereinafter referred to as the “Retained Funds”):
(1) Since the Retained Funds of merchants in all cases during the case commission period will be frozen, Party B shall not take the initiative to induce such customer to make repayment by unfreezing the Retained Funds during the debt collection, and shall not charge fees on road inform a debtor of the result of any voluntary request of such debtor for unfreezing the Retained Funds after repayment, until filing an application to and transportation obtaining approval from Party B A.
(2) No Retained Funds frozen during the case commission period shall be transferred by any reasonParty A to offset all or part of the debts.
10. (3) Where Party B requests transfer of the Retained Funds in any individual account, Party A may do so after approval, provided that the amount so transferred shall not be included in Party B’s recovery performance, nor be used to calculate the commission payable.
7.11 Party A shall assist have the right to conduct an inspection against Party B at any time, and may terminate this Contract at any time if Party B is found to have committed any of the following breaches in petitioning such inspection, in which case, Party B shall be liable for compensation for any loss so caused to Party A:
(1) Qualification Fraud: Provision of false or expired qualification information or making false, exaggerated representations or misrepresentations about its corporate qualifications and operations, including, without limitation, the local government to strictly put favorable policies, coordinate materials and handle various social relationships related explanations provided during the term of the contract in order to assure Party B enjoys equal treatment in local spotearlier bidding.
11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area.
12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist Party B to conduct normal production and operations on the date of entry.
Appears in 1 contract
Samples: Delinquent Debt Collection Service Contract (GoodFaith Technology Inc.)
Party A’s Rights and Obligations. 1. During the term of this Agreement, Party A has right shall exploit the advertising market for Party B, and undertakes to sign provide the contract and shall be obliged after the contract takes into effectadvertising agency service in accordance with this Agreement.
2. During the term of this Agreement, Party A Shall have shall comply with the principles of good faith and mutual benefit, and will make an effort to find advertising customers. Within the valid period of this agreement, if Party B undertakes that the media resources will be reached the level of agreed Video View which is specified in Annex I of this Agreement (VV/per day, hereinafter referred to as “Quarterly Daily Average Guaranteed Traffic”), Party A will promise that the quarterly advertising net revenue obtained from media resources will be no less than the amount which is specified in the provision of Article 1 in Annex I of this Agreement, hereinafter is called “Quarterly Guaranteed Amount” for short hereunder. To be specific, during the Agency Period:
(1) in the case of the actual quarterly Daily Average Video View to be equal to or higher than the Quarterly Daily Average Guaranteed Traffic, the Quarterly Guaranteed Amount will be equal to the amount which is specified in the provision of Article 1 in Annex I
(2) in the case of the actual quarterly Daily Average Video View to be less than the Quarterly Daily Average Guaranteed Traffic, Party A has the right to demand Party B to pay rents adjust the foregoing Quarterly Guaranteed Amount downward according to the agreed amount under proportion of actual Quarterly Daily Average Video View to the contractQuarterly Daily Average Guaranteed Traffic.
3. Party A has the all ownership duty to make the payment of advertising net revenue to Party B according to the lease property. provision in paragraph 6 of Article III of this Agreement, and verify, settle the revenue timely and monthly with Party A owns the right to supervise assets safety maintenance, rights and interests during its operational management, but should not effect Party B’s normal operation.B.
4. Both Party A pledges and Party B agree that Party A shall settle the leased property ownership belongs to Party A, and hasn't rent its use rights out related promotion cost according to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessories.actual amount incurred related to the VV promotion cost outside of xx0.xxx recognized by Party A.
5. Agency service fees: Party B shall pay the advertising agency service fees to Party A guarantee there pursuant to the provisions in paragraph 6 of Article III of this Agreement and the advertising agency service fees will be settled together and deducted directly when the sales amount is no disagreement on ownership and shall not affect Party B's normal production and operation activities due to Party A's reasonssettled in the last month of the Agency Period (i.e., in December of year 2013).
6. The payment terms with respect to the net advertising revenues paid by Party A pledges that A, together with the advertising agency service fees receivable are provided in the lease term, provision of Article 2 in Annex I of this Agreement:
7. The advertisement released on Xx0.xxx by Party A shall comply with the provisions of the Advertising Law of the People’s Republic of China and other relevant laws and regulations, and shall not make any new guarantee or other limitations regarding on other rightsinclude the following content that:
(1) relates to the national secret and security.
7. Party A pledges (2) relates to feudal superstition, pornography, gambling, violence and terrorism.
(3) violates the dated as terminate date state policies of this agreementnationality and religion.
(4) impairs the social order, social security and social public morality, violates the leased property are applicable to usemandatory provisions of laws and regulations, or infringes other’s legitimate rights and interests.
8. Party A pledges not shall examine the content of advertisement, and has the duty to intervene Party B's formal business request the advertising customers to provide relevant certificates which includes, among other things, the qualification certificates of production or operation issued by relevant government authorities, the trademark registration certificates obtained in China and operationother certificates provided by laws and regulations.
9. If the released advertisement is illegal or void due to Party A, Party A pledges and assures during shall bear all liabilities, including but not limited to compensating Party B's lease term’s economic losses thus caused, roadways anticipatory income and channels are unblocked and shall not charge fees on road and transportation from resolving the disciplinary actions taken against Party B by any reasonthe government regulatory authorities.
10. Party A shall assist has the exclusive advertising agency sales right about the standard media resources, namely, Party A has the exclusive right (Party B is also excluded) to sell the advertising to any third party in petitioning respect to the local government to strictly put favorable policies, coordinate and handle various social relationships during the term of the contract in order to assure standard media resources. Party B enjoys equal treatment in local spotand any third party will not be permitted to sell the standard media resources to other parties by themselves without Party A’s permission.
11. During lease term, Party A can't engage has the right to develop, at its sole discretion, advertisers so as to ensure the maximization of advertising revenue. In relation to the planning, design and development of Advertising Resources required on the platform of Xx0.xxx, it has the right of proposal. The Parties shall consult to develop or adjust the Advertising Resources, in production relation to the same as Party B in productivity of Advertising Resources and combining the Shenzhou administrative areaplatform users’ experience.
12. Party A pledges to assure sewage disposal facility, arts and crafts B shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. notify Party A pledges in advance and state the reason for change of webpage or other operations with respect to assist the newly developed highly interactive media resources or standard media resources on Party B’s media platform when these will affect the current representation result about media resources, including but not limited to effect on clicking on display advertising or leading users turn to advertising introductory webpage for registration or purchasing behavior. Such change or operations will need to be approved by both Parties. If the above adjustment do affect the placing of advertisement of Party A in Party B’s advertisement space, both parties shall settle through friendly negotiation and Party B should compensate appropriately as to conduct normal production and operations on the date of entrylosses caused.
Appears in 1 contract
Party A’s Rights and Obligations. 1. Party A has shall have the right to sign verify operation license for internet information services or operation license for telecom value-added services, credit certificate, business license, source of information and bank account and other materials relating to the contract and shall be obliged after the contract takes into effect.normal operation of business provided by Party B.
2. Party A Shall have the right to demand shall provide Party B to pay rents according to with the agreed amount under the contract.
3connection point for SMS service and SMS service volume control. Party A has the all ownership of the lease property. Party A owns the right to supervise assets safety maintenance, rights and interests during adjust SMS service volume according to the capacity of its operational management, but should not effect SMS center.
3. Any expansion of Party B’s normal operation.'s business offerings or its application to alter its business shall be subject to Party A's review within 10 days upon submission of related materials by Party B.
4. Party A pledges shall have the leased property ownership belongs of its subscribers and the right to know about Party B's business. Party A has the right to request Party B to provide Party A with customer information, business profile, log and statistics relating to Party A, and hasn't rent its use rights out to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessoriesB's Monternet services.
5. Party A guarantee there is no disagreement shall have the right to stipulate measures for the management of the Monternet services and to examine the performance standards and the documentation with respect to customer services; Party A also have the right to require Party B to observe and implement the above mentioned measures and standards. Party A shall carry out 1-2 performance reviews on ownership and shall not affect Party B's normal production and operation activities due B each year according to Party A's reasonsthe management requirements mentioned above.
6. Party A pledges that in shall provide Party B with a system to identify and verify user registration and log-on information, which system shall be connected with Party B's content service system, and the lease term, subscriber data recorded by such system shall be the controlling information on the subscribers' usage of Party A shall not make any new guarantee or other limitations regarding on other rightsB's services.
7. Party A pledges shall provide Party B with a customer service number for the dated as terminate date customer to make complaint and enquiry calls. Party A's customer service center shall be the party to make final confirmation and distribution of this agreementMonternet customer service problems, Party B's customer service personnel or customer service system shall assist Party A to analyze and deal with complaints and enquiries relating to relevant customer services. Party A has the leased property are applicable right to useforward such customer complaints and enquiries not arising from network communication problems. Party A shall be liable for such customer enquiries and complaints due to network communication problems.
8. Party A pledges not to intervene shall collect the service fee from subscribers for Party BB based on Party A's formal business and operationbilling information.
9. Party A pledges and assures during shall provide to Party B volume information at its SMS gateway recording the amount of SMS sent by Party B; Party A's lease term, roadways and channels are unblocked and shall not charge fees on road and transportation from Party B by any reasoninformation will be the basis for the settlement of SMS communication network fee.
10. Party A shall assist has the right to verify the profit forecast of the parties provided by Party B in petitioning to Party A prior to the local government to strictly put favorable policies, coordinate and handle various social relationships during the term activation of the contract in order service to assure be provided by Party B enjoys equal treatment in local spot.A.
11. During lease term, Party A can't and Party B can jointly engage in production the same as Party B in the Shenzhou administrative area.
12marketing and customer advertisement. Party A pledges has the right to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist request Party B to conduct normal production identify the brand of "MONTERNET" upon Party A's examination and operations on approval. In the date event that Party B's promotion and advertisement involves the corporate name and other brand specifications of entryParty A, it shall be subject to Party A's prior examination and approval.
Appears in 1 contract
Party A’s Rights and Obligations. 1. 4.1 Party A has right to sign the contract and shall be obliged after the contract takes into effect.
2. Party A Shall have the right to require the renewal of the brand or bulletin board for the cooperation project;
4.2 Party A shall be entitled to request Party B to carry out its external business and promotion in the name of Yikoule Fengjie Navel Orange Cultivation Base;
4.3 Party A shall be entitled to get the most preferential treatment of sales price in purchasing navel oranges produced by the cooperation project;
4.4 Party A shall be entitled to purchase the navel oranges yielded from the said Base by means of placing orders. The amount of the ordered products, means of transportation, delivery point and payment method shall be subject to the real-time order sheets;
4.5 Party A shall specially establish Technology Department of Navel Orange Cultivation Base composed of advanced agricultural technicians for providing technical guidance to the cooperation Base, which will strictly demand Party B to pay rents according use pollution-free fertilizer, pesticide, inside and outside packages in the light of relevant regulations issued by the state and related departments. In the event that Party B uses insects-killing pesticide and freshness-preserving materials which are prohibited by the state and relevant sectors, Party B shall be regarded as having violated this Contract severely and shall undertake any civil liabilities and criminal responsibilities hereof;
4.6 The Trademark of Yikoule shall be exclusive to the agreed amount under the contract.
3Party A’s affiliated enterprises. Party A has shall be responsible for planning and implementing promotion of Brand Yikoule and any expenses hereof shall be borne by Party A;
4.7 To improve good reputation in the all ownership of the lease property. market and increase sales volume, Party A owns shall increase its investments in establishing the right to supervise assets safety maintenance, rights and interests during its operational management, but should not effect Party BBrand. The expenses hereof shall be shared by the principle of “The One Who Benefits Shall Make Investments” (e.g. the expenses arising from promoting enterprise’s normal operation.
4. Party A pledges the leased property ownership belongs to brand shall be borne by Party A, and hasn't rent its use rights out to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessories.
5. those from popularizing product brand shall be borne by Party A guarantee there is no disagreement on ownership and Party B jointly). Both parties shall undertake full negotiation and sign special agreements in times of implementing this Contract;
4.8 Party A shall be entitled to transfer all or part of its rights and obligations under this Contract to any of its affiliated enterprise;
4.9 Party A shall not affect carry out any similar cooperation with any unit or individual within the administrative region of Fengjie County where Party B's normal production and operation activities due to Party A's reasons.
6B is situated during the cooperative period. Party A pledges that in In the lease termevent of any such case occurs, Party A shall not make any new guarantee or other limitations regarding on other rights.
7. Party A pledges the dated be deemed as terminate date of having severely violated this agreement, the leased property are applicable to use.
8. Party A pledges not to intervene Party B's formal business and operation.
9. Party A pledges and assures during Party B's lease term, roadways and channels are unblocked Contract and shall not charge fees on road and transportation from Party B by any reasonundertake the default responsibilities.
10. Party A shall assist Party B in petitioning the local government to strictly put favorable policies, coordinate and handle various social relationships during the term of the contract in order to assure Party B enjoys equal treatment in local spot.
11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area.
12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist Party B to conduct normal production and operations on the date of entry.
Appears in 1 contract
Party A’s Rights and Obligations. 1. 2.1.1 Party A has right to sign the contract and shall be obliged after responsible for customer expansion and cause Party B’s mobile phone game products to be pre-installed in the contract takes into effectROM of customers’ mobile phone terminals.
2. 2.1.2 When the End Users have any question or complaint for Party B’s mobile phone game products, and Party A Shall cannot independently deal with any of them, Party A shall have the right to demand Party B to pay rents according to the agreed amount under the contractprovide assistance. Party B shall respond promptly within a reasonable time.
3. 2.1.3 Party A has the all ownership of the lease property. Party A owns the right to supervise assets safety maintenanceuse the trademarks, rights names or other relevant words, graphics and interests during its operational management, but should not effect marks of Party B’s normal operationmobile phone game products during product making and publicity.
4. 2.1.4 When Party A pledges finds that any third party infringes on the leased property ownership belongs copyright of Party B’s mobile phone game products, Party A shall be obligated to stop such infringement and provide Party B with the evidence proving the infringement of Party B’s copyright by a third party.
2.1.5 Party A shall be under an obligation to state in the documents, notices, product packages or publicity materials relating to Party A, B’s mobile phone game products that the developer and hasn't rent its use rights out to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessories.copyright owner of mobile phone games are Party B.
5. 2.1.6 Party A guarantee there is no disagreement on ownership warrants that Party B’s mobile phone game products will be only used for the pre-installation in the ROM of the mobile phone terminals of Party A’s Customers and shall not affect be separately priced or used for any other purpose.
2.1.7 Party A warrants that without Party B's normal production and operation activities due to ’s prior written consent, it will not modify the contents or form of Party A's reasonsB’s mobile phone game products.
6. 2.1.8 Unless with Party A pledges that in the lease termB’s prior written consent, Party A shall not make any new guarantee or other limitations regarding on other rights.
7. Party A pledges the dated as terminate date of this agreement, the leased property are applicable to use.
8. Party A pledges not to intervene provide Party B's formal business ’s mobile phone game products at any time, in any form and at any place solely to the entities other than Party A’s Customers for operation.
9. Party A pledges and assures during 2.1.9 Unless with Party B's lease term’s prior written consent, roadways and channels are unblocked and shall not charge fees on road and transportation from Party B by any reason.
10. Party A shall assist Party B in petitioning not cause the local government to strictly put favorable policies, coordinate and handle various social relationships during the term of the contract in order to assure Party B enjoys equal treatment in local spot.
11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area.
12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist companies or entities other than Party B to conduct normal production pre-install mobile phone game products in the ROM of the mobile phone terminals of Party A’s Customers.
2.1.10 Party A shall have the responsibility to warrant the security of the mobile phone game products pre-installed in the ROM of the mobile phone terminals of Party A’s Customers and operations on prevent programs from being stolen. If programs are stolen for any cause attributable to Party A or for inappropriate security measures, all the date of entry.losses and legal liabilities arising therefrom shall be borne by Party A.
Appears in 1 contract
Samples: Cooperation Agreement for Mobile Phone Game Product (China Mobile Games & Entertainment Group LTD)
Party A’s Rights and Obligations. 1. Party A has right to sign the contract and shall be obliged after the contract takes into effect.
2. Party A Shall have the right to demand Party B to pay rents according to the agreed amount under the contract.
3. Party A has the all ownership of the lease property. Party A owns the right to supervise assets safety maintenance, rights and interests during its operational management, but should not effect Party B’s normal operation.
4. Party A pledges may verify the leased property ownership belongs to documents and materials provided by Party A, and hasn't rent its use rights out B as required hereunder relating to the third Partynormal operation of Party B’s business, also hasn't conduct a mortgage guarantee for lease assetssuch as business license, corresponding land organization code certificate, tax registration certificate, bank account opening permit, qualification certificate, sources of information, copyright certificate (letter of authorization) and bank account information. If it is found that there is any false content or accessoriesany unlawful content contained in those documents and materials, Party A may terminate this Agreement without liabilities. Party A may as per its needs request Party B to further provide certain documents certifying that Party B owns or has the license to the intellectual property rights involved in this Agreement.
5. Party A guarantee there is no disagreement on ownership may establish the management rules, performance assessment provisions and customer service standards and documents relating to the game service (all attached hereto), and Party B shall not affect comply with and implement such management rules, provisions and standards. Party B's normal production and operation activities due A will assess the performance of Party B according to such provisions. If Party A's reasonsB fails to pass the assessment, Party A may suspend the cooperation with Party B hereunder or even terminate this Agreement.
6. Party A pledges that may examine any business of Party B involved in this Agreement. Party A may refuse to post any content provided by Party B which does not comply with any state law, regulation or policy, or is against the lease termpublic order and morals or Party A considers inappropriate. If Party B carries out any activity endangering the state security, pornographic or superstitious or any other illegal activity or misconduct during the term of this Agreement, Party A may immediately terminate the cooperation with Party B, and report it to the public security bureau or any other competent government authority. If such activity causes any financial loss to Party A or any adverse effect on Party A’s goodwill, Party A may demand Party B to indemnify Party A against the damages and losses resulting therefrom. With respect to Party B’s business application, Party A shall not make any new guarantee or other limitations regarding on other rights.give a clear reply to Party B within ten (10) business days upon the submission of complete business application materials by Party B.
7. Party A pledges uses its own services to cooperate with Party B in the dated as terminate date game business. For this purpose, Party A shall establish the service standards, design the service platform and service development plan, give guidance to provide the service, and have the final right to review and decide the service contents and any additional service of this agreementParty B relating to the cooperation hereunder. Party A may direct and supervise over the daily works of Party B relating to the cooperation hereunder, and may demand Party B to correct any activity that does not meet the leased property are applicable to use.business management requirements and claim liabilities for breach of contract against Party B.
8. Party A pledges not shall set the rate of service fee, while Party B may give certain proposal and advice to intervene Party A in that regard. Party B's formal business and operation’s proposal and/or advice will be implemented by Party A if the same is confirmed by Party A. If any service fee cannot be recovered due to such causes as user downtime, arrears or invalid user, such service fee will not be included in the base amount for the account settlement between both Parties.
9. If Party B breaches this Agreement, Party A pledges may claim liabilities for breach of contract against Party B in accordance with the Rules of China Mobile Jiangsu Company for the Management of Own Business and assures during other relevant business management rules. If Party B's lease term, roadways ’s breach is caused by any malicious action of any competitor and channels are unblocked and shall not charge fees on road and transportation from Party B by any reasonhas provided certain conclusive and valid evidence, Party A may at its own discretion reduce or exempt the liabilities of Party B and claim the liabilities against the said competitor.
10. With respect to any abnormal traffic overload which affects the safety of Party A’s network operation, Party A may restrict transmission or timely adjust the traffic according to its system capacity. Furthermore, Party A may notify Party B to deal with the spams or illegal attacks from Party B within a prescribed period. If Party B fails to timely deal with them as required, Party A may take appropriate measures to avoid deterioration of the event. In case of any emergency, in order to protect the legitimate rights and interests of the customers, Party A may take appropriate measures without notice to Party B.
11. Party A shall, as per the business logic, provide the business platform interface, service code, business code and various technical trainings or supports such as billing and networking required for operating the business. If Party A intends to change certain important data, adjust its network or modify its software, which would affect the business, Party A shall assist give a prior notice to Party B in petitioning the local government to strictly put favorable policies, coordinate and handle various social relationships during the term of the contract in order to assure Party B enjoys equal treatment in local spot.
11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area.B.
12. Party A pledges shall accept all service inquiries and complaints from the customers, and process customer feedbacks. Party A shall deal with all customer inquiries, reports and complaints arising from the problems in its network communication. Where the customer inquiry, fee inquiry, course of use, complaint or any other customer service problem which is not caused by any problem in the network communication and cannot be directly explained or the explanation is unsatisfactory to assure sewage disposal facilitythe customers, arts Party A will forward such issue through the customer service system to Party B’s secondary customer service for subsequent processing, and crafts shall meet track the Emission Standard Aresult and promptly give feedbacks to the customers.
13. If Party B commits any act breaching this Agreement or adversely affecting the customers, Level One Party A may forthwith take certain necessary remedies to the affected customers and the involved business, so as to avoid deterioration of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92the losses suffered by the customers or expansion of the adverse effect. Problems during operation shall In case of any customer complaint which is caused by any fault of Party B and where a refund is to be assumed by paid (including 100% or 200% refund), Party A may advance the refund to the customer upon demand of the customer, and deduct the same from the amount of information fee payable to Party B.
1314. Party A pledges shall be responsible for the routine maintenance of the game platform, and solve all technical failures caused by its reason, so as to assist ensure the normal operation of the application services.
15. Party A will be responsible for management of such customer data as registration, login, identification and authentication, and may feedback relevant data to Party B in a given form. For online applications, Party A’s game business platform shall be interconnected with Party B’s content service system, and the data of the game business platform will serve as the basis for ultimate confirmation of customer’s use of Party B’s game business. Party A will statistically calculate the visit traffic to Party B’s application game business, and provide Party B with the results of such statistics in a proper form.
16. Party A may adjust the UI design of Party A’s WAP portal, client terminals and WEB website and the sequence of game business as per the business development.
17. Both Parties may jointly carry out marketing, promotional and advertising activities. For that purpose, Party A may request Party B to conduct normal production display the brand of “China Mobile Game”, and operations the relevant materials shall be subject to the prior review of Party A. Without Party A’s approval or authorization, Party B shall not use the logo of China Mobile or any other brand, or display the 10086 customer service hotline in its advertising materials. If Party B uses the brand of “China Mobile Game” beyond the marketing and promotion of the relevant services approved by Party A, and thus causes any adverse effect on Party A, Party A may deem it as an infringement and may demand Party B to cease such use and bear all liabilities and consequences resulting therefrom; where the date circumstances are serious, Party A may claim the legal liabilities against Party B.
18. With respect to the channel cooperation, Party A may promote all connected game business of entryParty B reviewed and approved by Party A in Party A’s marketing channels and in the cooperative marketing channels.
19. Party A will utilize its resources to carry out integrated marketing, advertising and promotional activities, according to the business development stage and status, as well as the actual needs in the market.
20. Party A shall calculate and collect the business fees, and settle and pay the information fees to Party B in accordance with this Agreement.
21. In order to maintain the market order and avoid vicious competition while promoting the business development, Party A may restrict the number of partners that provide the similar contents or services of applications by implementing the mechanism of “bottom out” and “enrollment based on merits”, and may adjust the number of partners from time to time.
22. Upon expiration or termination of this Agreement, Party A may take back such resources as the platform account name assigned to Party B, and re-assign the same to other parties in cooperation.
Appears in 1 contract
Samples: Game Business Cooperation Agreement (iDreamSky Technology LTD)
Party A’s Rights and Obligations. 1. Party A has right to sign the contract and shall be obliged after the contract takes into effect.
2. Party A Shall have the right to demand Party B to pay rents according to the agreed amount under the contract.
3. Party A has the all ownership of the lease property. Party A owns the right to supervise assets safety maintenance, rights and interests during its operational management, but should not effect Party B’s normal operation.
4. Party A pledges may verify the leased property ownership belongs to documents and materials provided by Party A, and hasn't rent its use rights out B as required hereunder relating to the third Partynormal operation of Party B’s business, also hasn't conduct a mortgage guarantee for lease assetssuch as business license, corresponding land organization code certificate, tax registration certificate, bank account opening permit, qualification certificate, sources of information, copyright certificate (letter of authorization) and bank account information. If it is found that there is any false content or accessoriesany unlawful content contained in those documents and materials, Party A may terminate this Agreement without liabilities. Party A may as per its needs request Party B to further provide certain documents certifying that Party B owns or has the license to the intellectual property rights involved in this Agreement.
5. Party A guarantee there is no disagreement on ownership may establish the management rules, performance assessment provisions and customer service standards and documents relating to the game service (all attached hereto), and Party B shall not affect comply with and implement such management rules, provisions and standards. Party B's normal production and operation activities due A will assess the performance of Party B according to such provisions. If Party A's reasonsB fails to pass the assessment, Party A may suspend the cooperation with Party B hereunder or even terminate this Agreement.
6. Party A pledges that may examine any business of Party B involved in this Agreement. Party A may refuse to post any content provided by Party B which does not comply with any state law, regulation or policy, or is against the public order and morals or Party A considers inappropriate. If Party B carries out any activity endangering the state security, pornographic or superstitious or any other illegal activity or misconduct during the term of this Agreement, Party A may immediately terminate the cooperation with Party B, and report it to the public security bureau or any other competent government authority. If such activity causes any financial loss to Party A or any adverse effect on Party A’s goodwill, Party A may demand Party B to indemnify Party A against the damages and losses resulting therefrom. With respect to Party B’s business application, Party A shall give a clear reply to Party B within ten (10) business days upon the submission of complete business application materials by Party B.
7. Party A uses its own services to cooperate with Party B in the lease termgame business. For this purpose, Party A shall establish the service standards, design the service platform and service development plan, give guidance to provide the service, and have the final right to review and decide the service contents and any additional service of Party B relating to the cooperation hereunder. Party A may direct and supervise over the daily works of Party B relating to the cooperation hereunder, and may demand Party B to correct any activity that does not meet the business management requirements and claim liabilities for breach of contract against Party B.
8. Party A shall set the rate of service fee, while Party B may give certain proposal and advice to Party A in that regard. Party B’s proposal and/or advice will be implemented by Party A if the same is confirmed by Party A. If any service fee cannot be recovered due to such causes as user downtime, arrears or invalid user, such service fee will not be included in the base amount for the account settlement between both Parties.
9. If Party B breaches this Agreement, Party A may claim liabilities for breach of contract against Party B in accordance with Management Rules for China Mobile Value-added Businesses, Management Rules for Introducing China Mobile Business Partners, Daily Operation Rules for China Mobile Business Partners and related business management rules. If Party B’s breach is caused by any malicious action of any competitor and Party B has provided certain conclusive and valid evidence, Party A may at its own discretion reduce or exempt the liabilities of Party B and claim the liabilities against the said competitor.
10. With respect to any abnormal traffic overload which affects the safety of Party A’s network operation, Party A may restrict transmission or timely adjust the traffic according to its system capacity. Furthermore, Party A may notify Party B to deal with the spams or illegal attacks from Party B within a prescribed period. If Party B fails to timely deal with them as required, Party A may take appropriate measures to avoid deterioration of the event. In case of any emergency, in order to protect the legitimate rights and interests of the customers, Party A may take appropriate measures without notice to Party B.
11. Party A shall, as per the business logic, provide the business platform interface, service code, business code and various technical trainings or supports such as billing and networking required for operating the business. If Party A intends to change certain important data, adjust its network or modify its software, which would affect the business, Party A shall give a prior notice to Party B.
12. Party A shall accept all service inquiries and complaints from the customers, and process customer feedbacks. Party A shall deal with all customer inquiries, reports and complaints arising from the problems in its network communication. Where the customer inquiry, fee inquiry, course of use, complaint or any other customer service problem which is not caused by any problem in the network communication and cannot be directly explained or the explanation is unsatisfactory to the customers, Party A will forward such issue through the customer service system to Party B’s secondary customer service for subsequent processing, and track the result and promptly give feedbacks to the customers.
13. If Party B commits any act breaching this Agreement or adversely affecting the customers, Party A may forthwith take certain necessary remedies to the affected customers and the involved business, so as to avoid deterioration of the losses suffered by the customers or expansion of the adverse effect. In case of any customer complaint which is caused by any fault of Party B and where a refund is to be paid (including 100% or 200% refund), Party A may advance the refund to the customer upon demand of the customer, and deduct the same from the amount of information fee payable to Party B.
14. Party A shall be responsible for the routine maintenance of the game platform, and solve all technical failures caused by its reason, so as to ensure the normal operation of the application services.
15. Party A will be responsible for management of such customer data as registration, login, identification and authentication, and may feedback relevant data to Party B in a given form. For online applications, Party A’s game business platform shall be interconnected with Party B’s content service system, and the data of the game business platform will serve as the basis for ultimate confirmation of customer’s use of Party B’s game business. Party A will statistically calculate the visit traffic to Party B’s application game business, and provide Party B with the results of such statistics in a proper form.
16. Party A may adjust the UI design of Party A’s WAP portal, client terminals and WEB website and the sequence of game business as per the business development.
17. Both Parties may jointly carry out marketing, promotional and advertising activities. For that purpose, Party A may request Party B to display the name and logo of Party A and its brand, and the relevant materials shall be subject to the prior review of Party A. Without Party A’s approval or authorization, Party B shall not use the name and logo of Party A and its brand, or display the customer service hotline in its advertising materials. If Party B uses the name and logo of Party A and its brand beyond the marketing and promotion of the relevant services approved by Party A, and thus causes any adverse effect on Party A, Party A may deem it as an infringement and may demand Party B to cease such use and bear all liabilities and consequences resulting therefrom; where the circumstances are serious, Party A may claim the legal liabilities against Party B.
18. With respect to the channel cooperation, Party A may promote all connected game business of Party B reviewed and approved by Party A in Party A’s marketing channels and in the cooperative marketing channels.
19. Party A will utilize its resources to carry out integrated marketing, advertising and promotional activities, according to the business development stage and status, as well as the actual needs in the market.
20. Party A shall calculate and collect the business fees, and settle and pay the information fees to Party B in accordance with this Agreement.
21. In order to maintain the market order and avoid vicious competition while promoting the business development, Party A may restrict the number of partners that provide the similar contents or services of applications by implementing the mechanism of “bottom out” and “enrollment based on merits”, and may adjust the number of partners from time to time.
22. Upon expiration or termination of this Agreement, Party A may take back such resources as the platform account name assigned to Party B, and re-assign the same to other parties in cooperation.
23. Without the written consent of Party B, Party A shall not make disclose to any new guarantee or other limitations regarding on other rights.
7. third party the true copies of the documents and materials submitted by Party B as required hereunder relating to the normal operation of Party B’s business, such as business license, organization code certificate, tax registration certificate, bank account opening permit, qualification certificate, sources of information and bank account and equity interest information (except as required by any competent authority for materials from Party A pledges the dated as terminate date of this agreement, the leased property are applicable pursuant to userelevant provisions).
8. Party A pledges not to intervene Party B's formal business and operation.
9. Party A pledges and assures during Party B's lease term, roadways and channels are unblocked and shall not charge fees on road and transportation from Party B by any reason.
10. Party A shall assist Party B in petitioning the local government to strictly put favorable policies, coordinate and handle various social relationships during the term of the contract in order to assure Party B enjoys equal treatment in local spot.
11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area.
12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist Party B to conduct normal production and operations on the date of entry.
Appears in 1 contract
Samples: Game Business Cooperation Agreement (iDreamSky Technology LTD)
Party A’s Rights and Obligations. 1. ) Party A has right to sign the contract and shall be obliged after the contract takes into effect.
2. Party A Shall have the right to demand Party B to pay rents according verify operation license for internet information services or operation license for telecom value-added services, credit certificate, business license, source of information, bank account and other materials relating to the agreed amount under the contract.normal operation of business provided by Party B.
3. Party A has the all ownership of the lease property. Party A owns the right to supervise assets safety maintenance, rights and interests during its operational management, but should not effect Party B’s normal operation.
4. Party A pledges the leased property ownership belongs to Party A, and hasn't rent its use rights out to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessories.
5. Party A guarantee there is no disagreement on ownership and shall not affect Party B's normal production and operation activities due to Party A's reasons.
6. Party A pledges that in the lease term, 2) Party A shall not make any new guarantee or other limitations regarding on other rights.
7. Party A pledges provide short-message service to the dated as terminate date of this agreement, the leased property are applicable to use.
8. Party A pledges not to intervene short-message gateway provided by Party B's formal business and operation.
9. Party A pledges and assures during Party B's lease term, roadways and channels are unblocked and shall not charge fees on road and transportation from be responsible for providing Party B by any reason.
10with short-message gateway and short-message traffic volume control. Party A shall assist Party B in petitioning have the local government right to strictly put favorable policies, coordinate and handle various social relationships during the term of the contract in order timely adjust short-message traffic volume according to assure Party B enjoys equal treatment in local spotits short-message center’s capacity.
11. During lease term, 3) Any expansion of Party A can't engage in production the same as B’s business or its application to alter its business must be subject to Party B in the Shenzhou administrative area.
12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One ’s review within 10 days upon submission of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed related materials by Party B.
134) Party A shall have the ownership of its subscribers and the right to learn the truth about Party B’s business and have the right to request Party B to provide Party A with customer information, business profile, log and statistics relating to Party B’s Monternet services.
5) Party A shall have the right to stipulate management regulations of the Monternet services, performance examining items, and standards and documentation of customer services that Party B shall comply with and implement according to Party A’s requests. Party A pledges shall carry out 1-2 examines on Party B’s performance every year according to the above-mentioned management regulations.
6) Party A shall provide Party B with a system to identify and verify user registration and log-on information, which system shall be connected with Party B’s content service system, and the subscriber data recorded by such system shall be the controlling information on the subscribers’ using of Party B’s services.
7) Party A shall provide Party B with a customer service number for the customer to make complaint and enquire calls. And Party A’s customer service center shall be the party to make final confirmation and distribution of Monternet customer service problems, Party B’s customer service personnel or customer service system shall assist Party A to analyze and deal with customers’ business-related complaints and enquiries. Party A shall have the right to forward to Party B customer enquiries and complaints caused by non-network communication problems arising from such business. Party A shall be liable for such customer enquires and complaints caused by network communication problems.
8) Party A shall collect the service fee from subscribers for Party B based on Party A’s billing information.
9) Party A shall provide Party B with the traffic volume information of the short-messages sent via the short-message gateway used by Party B. Such traffic volume information shall be the basis for the settlement of short-message communication fee.
10) Party A shall have the right to verify the profit forecast of the parties provided by Party B to conduct normal production Party A prior to the commence of the service.
11) Party A and operations on Party B may jointly engage in marketing and customer advertisement. Party A shall have the date right to request Party B to identify the brand of entry“MONTERNET” upon Party A’s examination and approval. In the event that Party B’s promotion and advertisement involves Party A’s corporate name and other brand specifications, it shall be subject to Party A’s prior examination and approval.
Appears in 1 contract
Samples: Short Message Service Cooperation Agreement (Sina Corp)
Party A’s Rights and Obligations. 1. Party A has shall have the right to sign verify operation License for internet information services or operation license for telecom value-added services, credit certificate, business license, source of information, bank account and other materials relating to the contract and shall be obliged after the contract takes into effect.normal operation of business provided by Party B.
2. Party A Shall have the right to demand shall provide Party B to pay rents according to with the agreed amount under the contract.
3connection point for SMS services and SMS service volume control. Party A has the all ownership of the lease property. Party A owns the right to supervise assets safety maintenance, rights and interests during adjust SMS service volume according to the capability of its operational management, but should not effect SMS center.
3. Any expansion of Party B’s normal operation.business offerings or its application to alter its business shall be subject to Party A’s review within 10 days upon submission of related materials by Party B.
4. Party A pledges shall have the leased property ownership belongs of its subscribers and the right to know about Party B’s business. Party A has the right to request Party B to provide Party A with customer information, business profile, log and statistics relating to Party A, and hasn't rent its use rights out to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land or accessoriesB’s Monternet service.
5. Party A guarantee there is no disagreement shall have the right to stipulate measures for the management of the Monternet services and to examine the performance standards and the documentation with respect to customer services; Party A also have the right to require Party B to observe and implement the above mentioned measures and standards. Party A shall carry out 1-2 performance reviews on ownership and shall not affect Party B's normal production and operation activities due B each year according to Party A's reasonsthe management requirements mentioned above.
6. Party A pledges that in shall provide Party B with a system to identify and verify user registration and log-on information, which system shall be connected with Party B’s content service system, and the lease term, subscriber data recorded by such system shall be the controlling information on the subscribers’ usage of Party A shall not make any new guarantee or other limitations regarding on other rightsB’s services.
7. Party A pledges shall provide Party B with a customer service number for the dated as terminate date customer to make complaint and enquiry calls. Party A’s customer service center shall be the party to make final confirmation and distribution of this agreement, Monternet customer service problems. Party B’s customer service personnel or customer service system shall assist Party A to analyze and deal with complaints and enquiries relating to relevant customer services. Party A has the leased property are applicable right to useforward such customer complaints and enquiries not arising from network communication problems. Party A shall be liable for such customer enquiries and complaints due to network communication problems.
8. Party A pledges not to intervene shall collect the service fee from subscribers for Party B's formal business and operationB based on Party A’s billing information.
9. Party A pledges and assures during shall provide to Party B's lease term, roadways and channels are unblocked and shall not charge fees on road and transportation from a monthly basis, the volume information at its SMS gateway recording the amount of SMS sent by Party B by any reasonB; Party A’s information will be the basis for the settlement of SMS communication network fee.
10. Party A shall assist has the right to verify the profit forecast of the Parties provided by Party B in petitioning to Party A prior to the local government to strictly put favorable policies, coordinate and handle various social relationships during the term activation of the contract in order service to assure be provided by Party B enjoys equal treatment in local spot.A.
11. During lease term, Party A can't and Party B can jointly engage in production the same as Party B in the Shenzhou administrative area.
12marketing and customer advertisement. Party A pledges has the right to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist request Party B to conduct normal production identify the brand of “MONTERNET” upon Party A’s examination and operations on approval. In the date event that Party B’s promotion and advertisement involves the corporate name and other brand specifications of entryParty A, it shall be subject to Party A’s prior examination and approval.
Appears in 1 contract
Party A’s Rights and Obligations. 3.1 Party A shall promote Tencent Social Advertising Services legally and reasonably:
(1) Party A shall designate a person or several persons specifically responsible for the promotion of Tencent Social Advertising Services according to the principles of good faith and mutual benefit, explore market by means of marketing events, advertising and promotion or other various positive and active means, and protect the corporate image and brand image of Party B.
(2) Party A shall develop the Advertisers in the capacity of the authorized Service Provider of Tencent Social Advertising, and may not develop any Advertisers directly or indirectly in the name of Party B or Party B’s affiliates, or mislead the Advertisers to believe that Party A contact them on behalf of Party B or Party B’s affiliates.
(3) Party A may not solicit Advertisers in any improper ways, including but not limited to directly copying or counterfeiting the official website of Tencent Social Advertising and thus misleading any third party to believe that the website operated by Party A is the official website of Tencent Social Advertising, or causing any confusion to any third party regarding Party A’s website or system and the official website or system of Tencent Social Advertising.
(4) Party A will attract Advertisers by quality services, and may not conduct unfair market competition by low price, return of goods or other improper means.
3.2 Party A has the right to select the specific type of Tencent Social Advertising Services based on its needs, register the account of Service Provider corresponding to such type, and comply with the service rules and agreements for any specific product or service. Party A has right shall establish, manage and terminate its service relationship with any Advertiser according to sign the contract Rules of Tencent Platforms.
(1) Party A shall carefully maintain the account and password of the Service Provider’s account, and may authorize any third party to operate its account according to the Rules of Tencent Platforms, provided that it shall be obliged after the contract takes into effectalways responsible for all acts and consequences under its account and take all relevant liabilities.
(2) The rules for management of Service Provider’s account and the Service Provider’s Advertisers may vary depending on the Tencent Social Advertising Services (such as Guangdiantong System, and the advertising service system of WeChat public platform). Party A Shall shall establish connection at Tencent Platforms based on the service type and the Service Provider’s Advertiser it selects, to ensure that it will have full authority to assist its Advertiser to use Tencent Social Advertising Platform, and to procure its Advertiser to comply with the corresponding Rules of Tencent Platforms.
(3) Party A will solely negotiate with its Advertisers on such matters as charge of fees, promotion and placement, issuance of invoice, refund of charges, and use of Tencent Social Advertising, and enter into and perform relevant agreement with its Advertisers in its own name. However, without the written consent of Party B, Party A may not make any provisions or undertakings regarding Party B in whatever forms.
(4) Any dispute arising from any agreement between Party A and its Advertiser shall be resolved by them through negotiation, and is irrelevant to Party B.
3.3 Party A warrants that its Advertiser’s Advertising Materials and Promoted Objects are true, lawful and valid, and will ensure that such materials and objects conform to the Advertising Law of the People’s Republic of China, other relevant laws and regulations, and the Rules of Tencent Platforms and will not infringe other’s legitimate rights and interests, including but not limited to:
(1) The Advertiser has the capacity to operate the products and services it provides, and to publish advertising therefor.
(2) The Advertising Materials are free of any potential safety hazards, including but not limited to any phishing site, virus, Trojan or other malicious program.
(3) Where any Advertising Materials use other’s name, image (including cartoon image), logo, work or other right or interest, or allege any cooperation relationship with others, the consent of the right holder must be obtained in advance.
(4) The brand, performance, quality, price and promise involved in the Advertising Materials should be clear, obvious and conforming to the facts, including but not limited to that the promise of gift or prize (such as game currency, virtual object, material object, discount) should be conforming to the fact, and free of any false prize, premium sale, gift or other similar content.
(5) The Showing Pages or Promoted Objects directed to by the Advertising Materials should be legally established and have lawful capacity of operation, and hold legal rights in website or other Promoted Objects, and have the right to demand promote and use them.
(6) The Promoted Objects must not contain any illegal content, or any malicious program which steals account No. or password or contains Trojan or virus, and endangers the internet security, including but not limited to that the website/application or WeChat Official Account promoted may not promote or sell counterfeit and shoddy products, conduct illegal operation, spread infringing or pornographic information, or promote any application / software or other product that contains unclear charge items or charge tips, malicious charge, secret charge program or other circumstance damaging the user’s right or interest.
(7) Other circumstances provided by laws, regulations or the Rules of Tencent Platforms.
3.4 The content of the Showing Pages should be connected closely to the Advertising Materials. Moreover, the actual displayed content of the Landing Pages should be consistent with that submitted at the time of examination, including but not limited to:
(1) The Landing Pages should be safe and stable, and capable of normal opening and viewing.
(2) The content displayed on the Landing Pages may not be changed materially during the period of placement, such as the ordinary product originally promoted being changed into any product requiring special qualification for operation. Such change, if any, shall be notified to Party B to pay rents according in advance and re-submitted for examination.
(3) No directed jump may be set in any Advertising Materials, such as jump based on location, time or IP, so that the Landing Pages are not consistent with the linkage at the time of examining the Advertising Materials.
(4) No act may be conducted in violation of laws, regulations or this agreement through setting malicious code or virus in the Landing Pages.
(5) Other circumstances where any laws, regulations or the Rules of Tencent Platforms are violated.
3.5 Party A warrants that the Advertising Materials and the Promoted Objects do not contain any acts endangering internet security or infringing other’s right or interest, including but not limited to the agreed amount under following:
(1) Any act that changes or attempts to change the contractconfiguration of the Tencent Platforms service system or breaches the security of system;
(2) Any act that breaches or attempts to breach the network security, including but not limited to malicious scanning, hacking the system, or illegal access to data of any website or serve by means of virus, Trojan, malicious code or phishing;
(3) Undermining or disrupting operation of Tencent Platforms or hindering other’s use of Tencent Platforms by technical or other means, or making or spreading methods for the above purposes;
(4) Counterfeiting or using counterfeit products of Tencent Platforms (including but not limited to counterfeiting the form of Tencent Social Advertising), and leading users to misunderstanding or confusion;
(5) Other acts that endanger network security or infringe other’s right or interest.
33.6 If any dispute or controversy arises from Advertising Materials or Promoted Objects, Party B shall be solely responsible to resolve such dispute or controversy and assume all liabilities, including but not limited to negotiation with any third party in its own name, responding to any litigation, or acceptance of investigation by any competent authority, and assumption of all costs and compensation of all losses. If Party A has or its Advertisers breach this agreement or the all ownership Rules of the lease property. Party A owns the right Tencent Platforms, and cause any loss to supervise assets safety maintenance, rights and interests during its operational management, but should not effect Party B, the Traffic Provider or other entities (including but not limited to any expenses paid for dealing with user’s normal operation.
4. Party A pledges the leased property ownership belongs to Party Acomplaint, and hasn't rent its use rights out to the third Partyuser’s claim, also hasn't conduct a mortgage guarantee for lease assets, corresponding land right holder’s claim or accessories.
5. Party A guarantee there is no disagreement on ownership and shall not affect Party B's normal production and operation activities due to Party A's reasons.
6. Party A pledges that in the lease termadministrative penalty), Party A shall not make compensate. If any new guarantee breach or other limitations regarding on other rights.
7. violation is caused by the Service Provider’s Advertisers, Party A pledges may not refuse to assume any obligation hereunder for the dated as terminate date of this agreement, the leased property Advertising Materials are applicable to use.
8. Party A pledges not to intervene Party B's formal business and operation.
9. Party A pledges and assures during Party B's lease term, roadways and channels are unblocked and shall not charge fees on road and transportation from Party B provided by any reason.
10its Advertisers. Party A shall assist Party B in petitioning negotiate with its Advertiser to resolve any loss incurred by it from the local government to strictly put favorable policies, coordinate and handle various social relationships during the term Advertiser’s violation of the contract in order to assure Party B enjoys equal treatment in local spotRules of Tencent Platforms.
11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area.
12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist Party B to conduct normal production and operations on the date of entry.
Appears in 1 contract
Samples: Advertising Placement Contract (iClick Interactive Asia Group LTD)
Party A’s Rights and Obligations. 1. Party A has may enter Party B's working space after notifying Party B in advance when it is necessary for testing, repair or other non-routine inspection, cleaning and maintenance work; in case of emergency, Party A shall have the right to sign the contract and shall be obliged after the contract takes into effectenter Party B's working space as required.
2. Party A Shall shall have the right to demand transfer its rights and obligations under this contract to any affiliate of Party B to pay rents according to the agreed amount under the contractA or any third party.
3. If Party B leaves any belongings in Party A's center after the termination of the contract, Party A has the all ownership of the lease property. Party A owns shall have the right to supervise assets safety maintenancedispose of these belongings at will, rights and interests during its operational management, but should not effect the expenses for disposing of these belongings shall be borne by Party B. Party A shall bear no responsibility to Party B’s normal operation, and Party B shall have no right to claim the proceeds from the disposal of such belongings. After Party B moves out of the working space, if Party B requires Party A to continue to provide it with a lease for receiving letters, faxes, answering phones, receiving and properly transferring visitors, Party A will charge one-time business continuation rent (this fee has been explained in the Entry Rules), and the lease term is 1 month from the date of termination of this contract.
4. Party A pledges the leased property ownership belongs shall not be liable to Party B for any loss or damage related to this contract, the lease accepted or the working space, unless such loss or damage is caused by Party A, and hasn't rent its use rights out to the third Party, also hasn't conduct a mortgage guarantee for lease assets, corresponding land 's intentional or accessories.
5gross negligence. Party A guarantee there is no disagreement on ownership and shall not affect be liable to the damage caused to Party B's normal production and operation activities B due to Party A's reasonsfailure to provide lease because of mechanical equipment failure, strike, loss of Party A's rights and interests in the building including the Center, except for Party A's intentional or gross negligence. In any case, Party B shall notify Party A in writing and allow Party A to correct within reasonable time, otherwise Party A shall not be liable for any loss or damage to Party B.
5. In any case, if Party A needs to bear corresponding compensation liability to Party B, the amount of liability borne by Party A shall be subject to the following restrictions:
5.1 The compensation for personal injury or death shall be borne according to the actual fault liability, but the maximum amount shall not exceed RMB 1 million.
6. 5.2 Except for Party A pledges that in the lease termB's direct economic loss proved by evidence, Party A shall not make be liable for any new guarantee indirect loss or expected loss (including but not limited to Party B's business loss, profit loss, expected loss, data damage or loss, other limitations regarding on other rights.
7indirect losses claimed by any third party, etc. Party A pledges the dated as terminate date of this agreement, the leased property are applicable to use.
8. Party A pledges not to intervene Party B's formal business and operation.
9. Party A pledges and assures during Party B's lease term, roadways and channels are unblocked and shall not charge fees on road and transportation from Party B by any reason.
10. Party A shall assist Party B in petitioning the local government to strictly put favorable policies, coordinate and handle various social relationships during the term of the contract in order to assure Party B enjoys equal treatment in local spot.
11. During lease term, Party A can't engage in production the same as Party B in the Shenzhou administrative area.
12. Party A pledges to assure sewage disposal facility, arts and crafts shall meet the Emission Standard A, Level One of "Water Pollution Emission Criteria For Meat Production Industry" GB13457-92. Problems during operation shall be assumed by Party B.
13. Party A pledges to assist strongly recommends Party B to conduct normal production and operations on purchase insurance for all such potential loss, damage or liability).
5.3 In principle, the compensation for other losses or damages shall be the actual losses of Party B, but the upper limit shall not exceed 125% of all expenses paid by Party B from the date of entrywhen Party B moves into the working space to the date when the disputed claim occurs.
Appears in 1 contract
