Party A’s Rights and Obligations. 1. Party A shall ensure the legality of the promotion materials provided and comply with relevant media regulations. If Party B is fined by the media platforms due to failure to comply with media regulations, Party A shall bear all losses of Party B. 2. Party A shall ensure the authenticity of the content of the promotion link it provides, not violate relevant laws, regulations, policies and public moral principles, not damage the legitimate rights and interests of any third party and ensure that its products or business content will not mislead. If there is any violation of publicity or false publicity, Party A shall bear the corresponding legal responsibility. 3. Party A shall provide Party B with all required promotion materials (including but not limited to promotion materials and the pages linked to the materials) by e-mail at least 2 working days before the start of the promotion. 4. Party A has the permanent exclusive and indefinite right to use the customer information obtained by Party B in accordance with this agreement, that is, Party B shall not provide the customer information obtained through this agreement to a third party or allow a third party to use it in any way, unless obtain the prior written consent of Party A. 5. Party A owns the relevant intellectual property rights of the items agreed in this contract, including but not limited to promotion ideas, copywriting, etc. 6. Party A has the right to suspend the promotion or change the promotion content at any time. After the suspension, the performance of the rights and obligations of both parties before the suspension will not be affected. 7. Party A has the right to unilaterally terminate this agreement on the premise of notifying Party B 3 working days in advance, and the termination of the agreement will not affect the execution of rights and obligations before the termination. 8. If this agreement is terminated or dissolved, Party A has the right to require Party B to communicate and negotiate to return the fees that Party A has paid but not consumed after the date of termination or dissolution of the agreement.
Appears in 3 contracts
Samples: Marketing Promotion Service Contract (Haoxi Health Technology LTD), Marketing Promotion Service Contract (Haoxi Health Technology LTD), Marketing Promotion Service Contract (Haoxi Health Technology LTD)
Party A’s Rights and Obligations. 15.1. As the owner of such property, Party A is entitled to exercise its real rights as agreed herein, and handle all legal affairs related to such real rights, and shall not cause any interference to Party B’s right of property operation and management obtained due to this Contract.
5.2. Party A is entitled to obtain the returns from Party B’s entrusted operation and management of such property as agreed herein, but shall not intervene in Party B’s operation and management of such property.
5.3. Without prejudice to Party B’s normal operation and management activities, Party A may transfer or mortgage the property ownership to the third party, but shall serve written notice to Party B 90 days in advance, and Party B enjoys the preemptive right under the same conditions. If such property is legally transferred or mortgaged to the third party, Party A shall ensure the legality that Party B’s rights of the promotion materials provided operation and comply with relevant media regulations. If Party B is fined by the media platforms due to failure to comply with media regulationsmanagement remain unchanged, meanwhile, Party A shall bear is obligatory to inform the third party all losses contents of this Contract before transfer or mortgage, and guarantee that the third party will unconditionally inherit all rights and obligations of Party B.
2. A as agreed herein, otherwise it will be deemed as Party A shall ensure the authenticity A’s breach of the content of the promotion link it provides, not violate relevant laws, regulations, policies and public moral principles, not damage the legitimate rights and interests of any third party and ensure that its products or business content will not mislead. If there is any violation of publicity or false publicity, Party A shall bear the corresponding legal responsibility.
3. Party A shall provide Party B with all required promotion materials (including but not limited to promotion materials and the pages linked to the materials) by e-mail at least 2 working days before the start of the promotion.
4. Party A has the permanent exclusive and indefinite right to use the customer information obtained by Party B in accordance with this agreement, that is, Party B shall not provide the customer information obtained through this agreement to a third party or allow a third party to use it in any way, unless obtain the prior written consent of Party A.
5. Party A owns the relevant intellectual property rights of the items agreed in this contract, including but not limited to promotion ideas, copywriting, etc.
6. Party A has the right to suspend the promotion or change the promotion content at any time. After the suspensionchange in ownership of such property, the performance owner of such property shall sign agreement on alteration of the parties with Party B, and all rights and obligations of Party A will be transferred to the transferee of the ownership of such property.
5.4. Where the ownership of such property is transferred, changed, inherited or is disposed pursuant to law, the rights and obligations of both parties before Party A in this Contract will be enjoyed and borne by the suspension will not be affected.
7transferee of the ownership of such property, and this Contract shall remain effective. Party A has and the right transferee shall go to the place of Party B to handle matters related to ownership transfer within 10 working days after ownership transfer, otherwise all disputes and losses arising therefrom shall all be borne by Party A.
5.5. In case of economic dispute caused by the reason of Party A, Party B is entitled to unilaterally terminate this agreement on rescind the premise of notifying Party B 3 working days in advancecontract, and the termination all losses caused thereby shall be borne by Party A.
5.6. In public area, external facade and any part of the agreement will not affect the execution of rights and obligations before the termination.
8. If this agreement is terminated or dissolvedsuch property, Party A has the right to require shall not intervene in Party B’s unified management and setting of relevant marks, logos and advertising posters etc.
5.7. Party A shall timely provide relevant certificates and materials of such property as required by Party B, and assist and cooperate with Party B to communicate properly handle all kinds of certificates and negotiate relevant legal documents on business operation.
5.8. Party A shall leave the photocopies of relevant certificates and materials of such property in the place of Party B, and sign to return confirm the fees consistency of such photocopies with the original.
5.9. Party A shall agree that Party A has paid but not consumed after may carry out decoration or renovation to such property based on the date needs of termination unified operation and management etc., and bear all costs of decoration or dissolution of the agreementrenovation incurred therefrom.
Appears in 2 contracts
Samples: Entrustment Contract for Operation and Management (Tony Fun, Inc.), Entrustment Contract for Operation and Management (Tony Fun, Inc.)
Party A’s Rights and Obligations. (1. ) Party A shall ensure the legality of the promotion materials provided and comply with relevant media regulations. If Party B is fined by the media platforms due to failure to comply with media regulations, Party A shall bear all losses of Party B.
2. Party A shall ensure the authenticity of the content of the promotion link it provides, not violate relevant laws, regulations, policies and public moral principles, not damage the legitimate rights and interests of any third party and ensure that its products A’s claiming or business content will not mislead. If there is any violation of publicity or false publicity, Party A shall bear the corresponding legal responsibility.
3. Party A shall provide Party B with all required promotion materials (including but not limited to promotion materials and the pages linked to the materials) by e-mail at least 2 working days before the start of the promotion.
4. Party A has the permanent exclusive and indefinite right to use the customer information obtained by collecting liquidated damages from Party B in accordance with this agreement, that is, Party B shall the Contract doest not provide the customer information obtained through this agreement to a third party prejudice or allow a third party to use it in affect any way, unless obtain the prior written consent of Party A.
5. other rights or remedies which Party A owns may have under the relevant intellectual property rights of the items agreed in this contractContract, including but not limited to promotion ideas, copywriting, etc.
6. Party A has the right to suspend take back the promotion or change Premises.
(2) Party A’s acceptance of the promotion content at any time. After the suspensionrental, the performance of the rights property management fee and obligations of both parties before the suspension will other charges paid by Party B shall not be affected.
7. Party A has deemed a waiver of the right to unilaterally terminate this agreement on the premise of notifying hold Party B 3 liable for breach of any provisions of the Contract.
(3) Party A’s waiver of one or more of Party B’s violations of the Contract shall not be deemed a waiver of any continuing or subsequent violation, nor shall it operate as a bar or limitation to Party A’s right or remedy to hold Party B liable for any continuing or subsequent violation, unless Party A specifically acknowledges in writing that this constitutes a waiver.
(4) Upon reasonable notice, Party A may take any future tenant of the Premises or other relevant people to inspect the Premises at any reasonable time three months after the expiration or early termination of the lease term; provided, however, that Party A informs Party B in writing about such inspection three working days in advance. Upon consent by Party B, Party B shall accompany such inspection.
(5) Party A reserves the right to name the Building. Upon at least one month’s written notice to Party B, Party A may change the name of the Building without having to making compensation to Party B or any other people.
(6) Party A reserves the right to modify, refurbish and temporarily close the common areas or other parts of the Building, including passageways, doors, windows, electrical devices, cables and wires, water pipes, gas pipes, elevators, automatic stairs, fire-proof and security equipment and air-conditioning equipment, and the termination right to modify the overall structure, layout and arrangement of the agreement will not affect common areas of the execution of rights and obligations before Building at any time during the termination.
8lease term. If this agreement is terminated Before such modification or dissolvedrefurbishment, Party A has shall notify Party B and make appropriate arrangements to ensure Party B’s use of the Premises.
(7) Party A reserves the right to require formulate, introduce or modify, implement or annul any management rules and regulations deemed by it necessary to operate and maintain the Building as a first-rate office building. However, Party A shall inform Party B to communicate and negotiate to return in writing about any major modifications made by it.
(8) During the fees that lease term, Party A has shall pay all relevant taxes which must be paid but not consumed after by Party A in connection with the date of termination or dissolution lease of the agreementPremises in accordance with the laws and regulations.
(9) During the lease term, Party A shall maintain the common areas and public facilities of the Building (including the roofs, main structure, walls, main water pipes, main cables and wires, elevators, automatic stairs, fire-proof and security equipment, air conditioning equipment) in good working condition.
(10) Without the consent of Party B, Party A shall not engage in any profit-seeking activities by using Party B’s name or logos.
(11) If Party A breaches any provision of the Contract or fails to properly perform the various obligations under this Article and thus causes loss to Party B’s normal business operations, Party A shall be liable.
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Party A’s Rights and Obligations. 1. 7.1 Party A’s Rights
7.1.1 Party A shall ensure the legality of the promotion materials provided and comply with relevant media regulations. If is entitled to require Party B to disburse the loan according to the terms and conditions of this Agreement;
7.1.2 Party A is fined entitled to use the loan for the loan purpose under this Agreement;
7.1.3 Party A is entitled to apply for the loan term extension provided satisfying the conditions raised by Party B;
7.1.4 Unless otherwise provided by the media platforms due to failure to comply with media laws and regulations, or otherwise required by the competent authorities or otherwise agreed by the Parties, Party A shall bear all losses is entitled to require Party B keeping confidential of the financial documents provided by Party A and the trade secrets in relation to the production and operation provided by Party A;
7.1.5 Party A is entitled to refuse the seeking of bribery of Party B.
2. B or Party A shall ensure the authenticity of the content of the promotion link it provides, not violate relevant laws, regulations, policies B’s working personnel and public moral principles, not damage the legitimate rights and interests of any third party and ensure that its products or business content will not mislead. If there is any violation of publicity or false publicity, Party A shall bear the corresponding legal responsibility.
3. Party A shall provide Party B with all required promotion materials (including but not limited to promotion materials and the pages linked to the materials) by e-mail at least 2 working days before the start of the promotion.
4. Party A has the permanent exclusive and indefinite right to use the customer information obtained by Party B in accordance with this agreement, that is, Party B shall not provide the customer information obtained through this agreement to a third party or allow a third party to use it in any way, unless obtain the prior written consent of Party A.
5. Party A owns the relevant intellectual property rights of the items agreed in this contract, including but not limited to promotion ideas, copywriting, etc.
6. Party A has the right to suspend denounce to the promotion competent authorities the aforementioned action or change Party B’s violation of national regulations on loan rate, service charge, etc.
7.2 Party A’s Obligations
7.2.1 Party A shall withdraw the promotion content at any time. After loan according to the suspensionterms and conditions of this Agreement and shall fully pay off the principal and interest and bear all the expenses under this Agreement;
7.2.2 Party A shall provide relevant financial and accounting documents as well as documents reflecting its production and operation status according to Party B’s requirement, including but not limited to, providing the performance balance sheet of the rights end of last quarter to Party B within the first ten working days of the first month of each quarter, providing the income statement by the end of last quarter (income and obligations expenditure statement for the public institution), and providing timely the statement of both parties before cash flow of the suspension will not be affected.
7current year by the end of year. Party A has shall be fully responsible for the right to unilaterally terminate this agreement on the premise of notifying Party B 3 working days in advanceauthenticity, integrity and the termination effectiveness of the agreement will documents it provides and shall not affect provide false documents or conceal any important operation and financial facts;
7.2.3 Where there is any change to Party A’s name, legal representative (or the execution principal), legal address, business scope, registered capital, company’s (enterprise’s) articles of rights association or other registered items with Administration for Industry and obligations before the termination.
8. If this agreement is terminated or dissolvedCommerce, Party A has the right to require shall notify Party B in writing within thirty working days after such change and shall provide the documents in relation to communicate and negotiate to return the fees that such change.
7.2.4 Party A has paid but shall use the loan for the loan purpose under this Agreement, and shall not consumed after occupy, misappropriate or use the date of termination or dissolution bank loan to engage in unlawful and illegal transactions; Party A shall assist in and accept Party B’s inspection and supervision on its production, financial activities and the usage of the agreementloan under this Agreement; Party A shall not surreptitiously withdraw its capital or transfer its asset; or Party A shall not take advantage of affiliated transaction to evade the debts toward Party B; shall not take advantage of the fake contract concluded with its affiliates, to arbitrage banking fund or credit by means of discount or pledge of such claims as notes or accounts receivables, etc. without actual trade background in the bank;
7.2.5 If Party A use the loan under this Agreement to conduct production, manufacturing, or engineering construction, Party A shall follow relevant state regulations on environmental protection;
7.2.6 Before the principal and interest are fully repaid or paid to Party B and without obtaining Party B’s consent, Party A shall not provide a security to any third party by using the asset formed from the loan under this Agreement;
7.2.7 If Party A is a group client, Party A shall timely report to Party B the information about its affiliated transactions concerning 10% of its net assets or more, including: (1) the affiliated relationship of all parties to the transaction; (2) the transaction project and transaction nature; (3) the amount of transaction or the corresponding proportion; and (4) the pricing policies (including the pricing policies on transactions with no amount or with symbolic amount);
7.2.8 If the loan to be granted under this Agreement is a loan for the fixed-asset or the project, Party A shall warrant that it shall obtain the approvals from the competent authorities for the proposed project and it shall not have any illegal and unlawful activities and that the capital or other raising funds shall be sufficient and be in place according to the prescribed time schedule and proportion; and Party A shall warrant that the project schedule shall be carried out and completed on schedule.
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Party A’s Rights and Obligations. 15.1 Party A shall appoint a specially assigned person (subject to single item) to be responsible for communicating with Party B during the production process, coordinate shooting, provide production materials and written suggestions, and take responsibility for following up the project progress, project quality, project acceptance, etc.
5.2 Party A shall have the right to make suggestions on the modification of the sample provided by Party B, and Party B shall make modification according to the suggestions made by Party A until Party A is satisfied. Party A shall, on the basis of respecting the results of Party B’s labor, provide Party B with modification suggestions in a centralized way, so that Party B can make unified modification.
5.3 Party A shall ensure have the legality of right to adjust the promotion materials provided service contents, delivery time and comply with relevant media regulationsplace before Party B submits the service results. If Party A issues a written notice to Party B is fined by prior to the media platforms due to failure to comply with media regulationsadjustment, Party A shall not bear all losses of Party B.the cost.
2. 5.4 Party A shall ensure the authenticity of the content of the promotion link it provides, not violate relevant laws, regulations, policies and public moral principles, not damage the legitimate owns all intellectual property rights and interests of any third party and ensure that its products or business content will not mislead. If there is any violation of publicity or false publicity, Party A shall bear the corresponding legal responsibility.
3. Party A shall provide Party B with all required promotion materials (including but not limited to promotion materials and the pages linked to the materials) by e-mail at least 2 working days before the start of the promotion.
4. Party A has the permanent exclusive and indefinite right to use the customer information obtained generated by Party B in accordance with during the execution of the video project. Except for the purpose of performance of this agreement, that isproject, Party B shall not provide the customer information obtained through this agreement to a third party use them or allow a third party authorize others to use it them in any wayform, unless obtain the prior written consent of Party A.
5. otherwise Party A owns the relevant intellectual property rights of the items agreed in this contract, including but not limited to promotion ideas, copywriting, etc.
6. Party A has shall have the right to suspend make Party B held legally liable for this, and Party B shall bear all losses caused thereby.
5.5 Party A shall be entitled to the promotion or change copyright of outdoor scenes, indoor scenes, clips of image publicity film and other materials shot during the promotion content at any timeexecution of this project. After the suspensioncompletion of this project, the performance of the rights Party B’s material library shall be emptied and obligations of both parties before the suspension will not no materials or information related to this project shall be affectedretained.
7. 5.6 After the video passes the acceptance inspection, Party A has shall sign and receive the Video Acceptance Confirmation Form. Both parties agree to take the Video Acceptance Confirmation Form as the basis for settlement. If the whole video fails to pass the acceptance inspection, Party A shall have the right to unilaterally terminate this agreement on the premise of notifying Party B 3 working days in advance, and the termination of the agreement will not affect the execution of rights and obligations before the termination.
8. If this agreement is terminated or dissolved, Party A has the right to require request Party B to communicate make adjustment, rework, reduce the price and negotiate to return the fees that Party A has paid but not consumed after the date of termination or dissolution of the agreementconduct other rectification work.
Appears in 1 contract
Samples: Annual Framework Contract for Video Production (GLORY STAR NEW MEDIA GROUP HOLDINGS LTD)