Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations; (2) Party B shall sell the series of products planned by Party A in accordance with the regions and guide prices specified in the contract, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price; (3) Party B must sell Party A’s products according to Party A’s requirements; (4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations; (5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A; (6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully; (7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection; (8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies; (9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third party, it is obliged to notify Party A; (10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation. (11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A; (12) Party A shall not sign an economic contract with a third party or engage in other civil acts in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 6 contracts
Samples: Dealer Agreement (Oranco Inc), Dealer Agreement (Oranco Inc), Dealer Agreement (Oranco Inc)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned by Party A in accordance with the regions and guide prices specified in the contract, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating cooperate with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products product information for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A A’s sales commodities have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party or engage in other civil acts in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 5 contracts
Samples: Dealer Agreement (Oranco Inc), Dealer Agreement (Oranco Inc), Dealer Agreement (Oranco Inc)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned by Party A in accordance with the regions and guide prices specified in the contract, and cross. Cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; for the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party contracts or engage in other civil acts with a third party in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 5 contracts
Samples: Dealer Agreement (Oranco Inc), Dealer Agreement (Oranco Inc), Dealer Agreement (Oranco Inc)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) 5.1 Party B shall sell the series keep complete financial reports, books of products planned by account and related records for Party A’s inspection whenever Party A in accordance with deems necessary. Party A or Party A’s consultants shall have the regions and guide prices specified in the contract, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction right to inspect any of Party B’s security depositfinancial reports, books and related records at any time. During the term of the Agreement, Party A reserves the right B agrees to recover losses to cooperate with Party A caused by and Party A’s parent company (including companies that directly or indirectly control Party A, the same as below) in audits of related transactions and other types of audits, to provide Party A, its parent company, or its appointed auditor with information and materials relating to Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according operations, business, customers, finances, employees, etc., and to agree to Party A’s requirements;parent company’s disclosure of such information and materials for the purpose of satisfying the regulatory requirements of the place where its securities are listed disclose such information and materials (if required).
(4) Strictly abide 5.2 In order to facilitate the provision of the Services by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with the relevant sales data and competing products for information requested by Party A to analyze and formulate sales strategies;in a timely manner in accordance with Party A’s requirements.
(9) 5.3 Party B shall not sell products that counterfeit pay the service fee to Party A on time and in full in accordance with the provisions of Article 2 of this Agreement.
5.4 Party B shall maintain its good reputation, actively expand its business and strive to maximize its revenue.
5.5 Party B shall indemnify and hold Party A harmless from any loss, damage, liability or imitate expense incurred by Party A in connection with any action, claim or other demand against Party A arising out of or in connection with the advice and services provided by Party A at Party B’s request, unless such loss, damage, liability or expense arises out of Party A gross negligence or willful misconduct.
5.6 Both Parties hereby confirm that, in order to ensure the effective performance of the Agreement and Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party Ainterests, Party B must submit it to Party A for review and release it with other relevant parties will sign the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party or engage in other civil acts additional agreements in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third partyControl Agreement at the same time as the Agreement is signed.
Appears in 3 contracts
Samples: Exclusive Business Cooperation Agreement (Neotv Group LTD), Exclusive Business Cooperation Agreement (Neotv Group LTD), Exclusive Business Cooperation Agreement (Neotv Group LTD)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses4.3.1 Upon the effectiveness of this Agreement, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series form a team composed of products planned by Party A in accordance with the regions and guide prices specified in the contract, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except specialized personnel to carry out for the deduction of Party B’s security deposit, Party A reserves related work so as to ensure the right to recover losses to Party A caused by Party B’s destruction of smooth cooperation between the market price;parties.
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) 4.3.2 Party B shall not sell products that counterfeit or imitate publish any contents other than agreed hereof in the Party A’s productswebsite column(s) that are made the subject matter of this cooperation agreement. If In the event that Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third partybreaches this covenant, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperationthis Agreement at any time and require Party B to pay 30% of Party A’s share of revenues as liquidated damages.
(11) Before printing all kinds of publicity materials aimed at 4.3.3 Party B will provide to Party A an account which will timely return the visiting traffic data for Party A’s easy inquiry. At the same time, Party B must submit it to ensures the completion, accuracy and truth of the visiting traffic data. If Party A for review finds the visiting traffic data abnormal, Party B shall issue a written explanation, and release the actual revenues generated from the questionable traffic shall not be settled until there was a final confirmation.
4.3.4 Party B warrants that it legally owns or otherwise holds a valid license to the intellectual property relating to the services or products provided pursuant to this agreement. Any disputes resulting from the Party B’s technology or intellectual property shall be handled by Party B; any losses and costs of Party A resulting from the deficiency of Party B’s services or products shall be borne by Party B.
4.3.5 Party B has the right to penalize any acts of Party A , in whatever form, carried out in contravention with Party B’s union cooperation policies. The penalties may include =the written permission immediate suspension of Party A;’s account, termination of this Agreement, and taking any applicable civil or criminal remedial actions against fraud and any other legal causes. Party B shall have the right to final interpretation of this provision.
(12) 4.3.6 Party B retains the right to adjust the public price of the service and the service content, including but not limited to adding or reducing the service items, and raising or lowering the prices. In the event that Party B wishes to carry on such adjustment, it shall notify Party A in writing two weeks in advance. If Party A objects to such adjustment, it has the right to notify Party B to terminate this Agreement in writing within 2 weeks upon receipt of the notification. Within 3 working days upon termination of this Agreement, Party B shall not sign an economic contract settle with a third party or engage in other civil acts in Party A. Failure to exercise such termination right is deemed that Party A agrees the name adjustment of Party AB.
4.3.7 With respect to the cooperation hereof, and Party A shall not be liable for any economic or civil disputes between Party B and any third partyhas the discretion to assign to its affiliates all or part of its obligations hereunder without breaching this agreement. Party B’s affiliates mean Party B’s parent companies at different levels as well as the companies, owned or controlled, directly or indirectly, by the Party B’s parent companies at different levels.
Appears in 2 contracts
Samples: Cooperation Agreement (Cheetah Mobile Inc.), Cooperation Agreement (Cheetah Mobile Inc.)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenseslicenses to Party A, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned by Party A in accordance with the regions and guide prices specified in the contract, and cross. Cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; for the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party contracts or engage in other civil acts with a third party in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 2 contracts
Samples: Dealer Agreement (Oranco Inc), Dealer Agreement (Oranco Inc)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned 4.1 The Services provided by Party A in accordance with under this Agreement shall be exclusive; during the regions and guide prices specified in the contractterm of this Agreement, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction without prior written consent of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it shall not enter into any written or oral agreement or other arrangement with any other third party to engage such third party for providing Party B with services identical or similar to the Services provided by Party A under this Agreement. The Parties agree that Party A can designate a third party to provide the Services under this Agreement for Party B. For the avoidance of doubt, this Agreement shall not restrict Party A’s provision of any product and/or service to any third party other than Party B.
4.2 Party B shall, before November 30 of each year, provide to Party A its determined Annual Business Plan for review the next year so that Party A can arrange the corresponding services plan and release procure the required software, Devices, personnel and technical service resources. If Party B requires Party A to procure Devices or personnel on an ad hoc basis, it shall consult with Party A fifteen (15) days in advance so as to reach mutual agreement.
4.3 In order to facilitate Party A’s provision of the written permission Services, Party B shall, at Party A’s request, accurately and timely provide to Party A such relevant materials as required by Party A.
4.4 Party B shall in accordance with Section 3 of this Agreement pay the full number of the Service Fees in a timely manner to Party A.
4.5 Party B shall maintain its goodwill, actively expand its business and seek the maximization of its profits.
4.6 The Parties hereby acknowledge that, according to the terms and conditions of the Equity Pledge Agreement (including any amendment, supplement or restatement thereto from time to time) executed on the same date of this Agreement by and among all the shareholders of Party A;
B on record upon Party B’s execution of this Agreement (12“Existing Shareholders”) and Party A , each Existing Shareholder has pledged its respective equity interests in Party B to Party A as security for the performance of Party B’s obligations under this Agreement. Without Party A’s written consent, Party B shall not sign an economic contract with a third party add new shareholders (“New Shareholders”) through capital increase, approval of equity transfer by the Existing Shareholders or engage in other civil acts manner; if Party B adds New Shareholders after the execution of this Agreement, Party B shall cause such New Shareholders to execute an equity pledge agreement on the same date when they become Party B’s shareholders whereby they shall pledge their equity interests in Party B to Party A as security for the name performance of Party B’s obligations under this Agreement.
4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and its parent companies (including direct or indirect parent companies) to conduct related party transaction audit and other types of audits, to provide Party A, its parent companies or its designated auditors with relevant information and materials in relation to Party A shall not be liable for any economic or civil disputes between B’s operation, business, clients, finance, employees, etc., and to approve Party B A’s parent companies to disclose such information and any third partymaterials in order to meet the supervisory requirement of its securities listing place.
Appears in 2 contracts
Samples: Exclusive Technology and Consultation Service Agreement (OneSmart International Education Group LTD), Exclusive Technology and Consultation Service Agreement (OneSmart International Education Group LTD)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned 4.1 The Services provided by Party A in accordance with under this Agreement shall be exclusive. During the regions and guide prices specified in the contractterm of this Agreement, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction without prior written consent of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it shall not enter into any written or oral agreement or other arrangement with any other third party to engage such third party for providing Party B with services identical or similar to the Services provided by Party A under this Agreement. The Parties agree that Party A can designate a third party to provide the Services under this Agreement for Party B. For the avoidance of doubt, this Agreement shall not restrict Party A’s provision of any product and/or service to any third party other than Party B.
4.2 Party B shall, before November 30 of each year, provide to Party A its determined Annual Business Plan for review the next year so that Party A can arrange the corresponding services plan and release procure the required software, Devices, personnel and technical service resources. If Party B requires Party A to procure Devices or personnel on an ad hoc basis, it shall consult with Party A fifteen (15) days in advance so as to reach mutual agreement.
4.3 In order to facilitate Party A’s provision of the written permission Services, Party B shall, at Party A’s request, accurately and timely provide to Party A such relevant materials as required by Party A.
4.4 Party B shall in accordance with Section 3 of this Agreement pay the full number of the Service Fees in a timely manner to Party A.
4.5 Party B shall maintain its goodwill, actively expand its business and seek the maximization of its profits.
4.6 The Parties hereby acknowledge that, according to the terms and conditions of the Equity Pledge Agreement (including any amendment, supplement or restatement thereto from time to time) executed on the same date of this Agreement by and among all the shareholders of Party A;
B on record on the execution date of this Agreement (12“Existing Shareholders”) and Party A , each Existing Shareholder has pledged its respective equity interests in Party B to Party A as security for the performance of Party B’s obligations under this Agreement. Without Party A’s written consent, Party B shall not sign an economic contract with a third party add new shareholders (“New Shareholders”) through capital increase, approval of equity transfer by the Existing Shareholders or engage in other civil acts manner. If Party B adds New Shareholders after the execution of this Agreement, Party B shall cause such New Shareholders to execute an equity pledge agreement on the same date when they become Party B’s shareholders whereby they shall pledge their equity interests in Party B to Party A as security for the name performance of Party B’s obligations under this Agreement.
4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and its parent companies (including direct or indirect parent companies) to conduct related party transaction audit and other types of audits, to provide Party A, its parent companies or its designated auditors with relevant information and materials in relation to Party A shall not be liable for any economic or civil disputes between B’s operation, business, clients, finance, employees, etc., and to approve Party B A’s parent companies to disclose such information and any third partymaterials in order to meet the supervisory requirement of its securities listing place.
Appears in 2 contracts
Samples: Exclusive Technology and Consultation Service Agreement (OneSmart International Education Group LTD), Exclusive Technology and Consultation Service Agreement (OneSmart International Education Group LTD)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned by Party A in accordance with the regions and guide prices specified stipulated in the contract, and cross. Cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at according to the market price; the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A A’s sales commodities have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party contracts or engage in other civil acts with a third party in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 2 contracts
Samples: Dealer Agreement (Oranco Inc), Dealer Agreement (Oranco Inc)
Party B’s Obligations. (1) . Party A B shall have the enterprise legal person business license bearing legal business scope, and content/application services provider qualification, and shall provide to Party A with legal true and valid business certificates such as business licensesreliable value-added telecom services provision license issued by the Ministry of Industry and Information Technology or local telecom authorities, credit certificates, and shall strictly abide by relevant national laws any other materials related to its after sales services system, pricing approval and regulations and industry norms, and conduct law-abiding operations;bank accounts.
(2) . Party B shall sell maintain consistent services quality, in particular the series information safety and services quality during significant period of products planned by Party A in accordance with the regions and guide prices specified in the contracttime, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction ensure 7*24 availability of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate communication channel with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;be obligated to disclose the disclaimers to the user when the user activates certain service.
(8) 3. Party B shall provide Party A with relevant sales data and competing products submit its application for Party A A’s approval if it desires to analyze make any addition or change to its existing services, and formulate sales strategies;may not activate the newly added services or implement such change to its existing services until receipt of Party A’s approval.
(9) 4. Where Party B implements any system testing, maintenance or upgrading, or any other operation which may possibly cause any interruption of the business, Party B shall give a written notice to Party A by means of email or any other way through the XXXX System in advance of seven (7) days, including the reason, duration and frequency of such interruption, and shall make related announcement to the users. Party B may not sell products that counterfeit or imitate provide any xxxx collection services by using the communication channels provided by Party A.
5. Party B must ensure the accuracy of all the information in the XXXX system, including without limitation, company name, address, tax account number, value-added certificate number, and contact person’s information. Party B shall update the above mentioned information if there is any change to it. Party B shall be solely liable for any losses caused by its failure in timely updating such information.
6. Party B shall log on the XXXX system to check the notices and announcements published by Party A’s products, and timely handle such information. Party B shall be held solely liable for any losses cause by its failure in checking such published information on the XXXX system.
7. If Party B finds that the intellectual property rights attached is obligated to the products sold by Party A have been infringed by a third party, it is obliged repay debts to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it shall repay such debts during the settlement period. If Party B did not repay debts for three consecutive months, Party A is entitled to terminate the cooperation and claim the debts.
8. Party B shall abide by the Monternet cooperative Administrative Measures, examination terms, user services standards set out by Party A for review regulating the Monternet market order as well as the provisions of other related documents, and release it with shall be liable for its violation of any related provision.
9. Party B shall provide a specific direct line for handling the written permission users’ complaints. Party B shall be responsible for any users’ inquiry or complaint caused by reasons not attributable to Party A’s communication network problems, and shall accept and handle the users’ inquiry, fees inquiry and complaints arising from all kinds of communication problems in the course of services provision. Party B shall establish the “first inquiry accountability system”, based on which Party B shall transfer the problem requiring Party A’s assistance to Party A. Party B shall be responsible for related following-up work and return visit to the users.
10. When testing and adjusting the system, Party B may not impair the normal operation of Party A;’s existing network. When sending SMS to Party A’s communication platform, the sending speed may not exceed the gateway flowing volume limit distributed by Party A. Without Party A’s consent, Party B may not conduct any testing with large flowing volume, otherwise Party B shall be solely liable for all the consequences so caused.
(11. Party B shall conduct strict management on the network gateway and related account privileges, to safeguard the network and information safety. Party B shall be held solely liable for any consequences caused by its poor management.
12) . If Party A B fails to continue the provision of such services due to its bad operation or other reasons attributable to itself, Party B shall not sign an economic contract with give a third party or engage in other civil acts in the name of 3-month notice to Party A, and shall provide reasonable explanation to the users as well as good follow-up services.
13. Party B warrants that it enjoys legal ownership to, or any legal authorization to grant the operator to use as agreed upon herein, any cooperative product or any other related content provided to Party A shall in the course of cooperation, and that the cooperative products and other related content will not infringe the legal rights of any third party (including without limitation, copyright, right of reputation, or right of portrait), and there is no copyright related dispute or any violation of any laws or regulations, and that it has the right to authorize the operator to distribute the information on the information network.
14. If any third party initiates any administrative complaint, lawsuit or apply for an arbitration against Party B for the reason that Party B has no right to dispose of any cooperative product or other related content, or there is fault with the authorization by Party B, then Party A is entitled to as the case may be, take one or any combination of the following correction measures: (1) suspend the division of the distributable profits hereunder with Party B within the scope of the third party’s claim; (2) require Party B to, at its own costs, solve the above mentioned problems, and Party B shall, as required by Party A, at its own costs, apply to the dispute resolution institution to get involved in the dispute resolution as a third party; or (3) partially or wholly terminate this Agreement. However, if all the above mentioned measures are taken, the losses to Party A still cannot be avoided, and if Party A requires, Party B is obligated to timely and fully indemnify Party A any losses so incurred by it (including without limitation, advance payment made by Party A to Party B and/or losses caused by interruption of business, reasonable attorney fee, litigation or arbitration fees paid by Party A in connection with dispute resolution).
15. If Party B does not have any Internet business operation license, then in the course of cooperation, Party B should not provide any service usage channel to the users through Internet (including without limitation, customized services or services requesting). At same time, Party B should not give any publicity regarding the cooperative business on the website without the Telecommunication and Information Services Operation Permit. Party B shall be held fully liable for the violation of any economic or civil disputes between Party B and any third partyabove mentioned provisions in the course of cooperation.
Appears in 2 contracts
Samples: Business Cooperation Agreement (NetQin Mobile Inc.), Business Cooperation Agreement (NetQin Mobile Inc.)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned 4.1 The Services provided by Party A in accordance with under this Agreement shall be exclusive. During the regions and guide prices specified in the contractterm of this Agreement, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction without prior written consent of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it shall not enter into any written or oral agreement or other arrangement with any other third party to engage such third party for providing Party B with services identical or similar to the Services provided by Party A under this Agreement. The Parties agree that Party A can designate a third party to provide the Services under this Agreement for Party B. For the avoidance of doubt, this Agreement shall not restrict Party A’s provision of any product and/or service to any third party other than Party B.
4.2 Party B shall, before November 30 of each year, provide to Party A its determined Annual Business Plan for review the next year so that Party A can arrange the corresponding services plan and release procure the required software, Devices, personnel and technical service resources. If Party B requires Party A to procure Devices or personnel on an ad hoc basis, it shall consult with Party A fifteen (15) days in advance so as to reach mutual agreement.
4.3 In order to facilitate Party A’s provision of the written permission Services, Party B shall, at Party A’s request, accurately and timely provide to Party A such relevant materials as required by Party A.
4.4 Party B shall in accordance with Section 3 of this Agreement pay the full number of the Service Fees in a timely manner to Party A.
4.5 Party B shall maintain its goodwill, actively expand its business and seek the maximization of its profits.
4.6 The Parties hereby acknowledge that, according to the terms and conditions of the Equity Pledge Agreement (including any amendment, supplement or restatement thereto from time to time) executed on the same date of this Agreement by and among all the shareholders of Party A;
B on record on the execution date of this Agreement (12“Existing Shareholders”) Party A shall not sign an economic contract with a third party or engage in other civil acts in the name of and Party A, and the Existing Shareholders have pledged their respective equity interests in Party B to Party A as security for the performance of Party B’s obligations under this Agreement. Without Party A’s written consent, Party B shall not be liable for any economic add new shareholders (“New Shareholders”) through capital increase, approval of equity transfer by the Existing Shareholders or civil disputes between in other manner. If Party B adds New Shareholders after the execution of this Agreement, Party B shall cause such New Shareholders to execute an equity pledge agreement on the same date when they become Party B’s shareholders whereby they shall pledge their equity interests in Party B to Party A as security for the performance of Party B’s obligations under this Agreement.
4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and any third partyits parent companies (including direct or indirect parent companies) to conduct related party transaction audit and other types of audits, to provide Party A, its parent companies or its designated auditors with relevant information and materials in relation to Party B’s operation, business, clients, finance, employees, etc., and to approve Party A’s parent companies to disclose such information and materials in order to meet the supervisory requirement of its securities listing place.
Appears in 2 contracts
Samples: Exclusive Technology and Consultation Service Agreement (OneSmart International Education Group LTD), Exclusive Technology and Consultation Service Agreement (OneSmart International Education Group LTD)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenseslicenses to Party A, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned by Party A in accordance with the regions and guide prices specified stipulated in the contract, and cross. Cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at according to the market price; the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall must provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party contracts or engage in other civil acts with a third party in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 2 contracts
Samples: Dealer Agreement (Oranco Inc), Dealer Agreement (Oranco Inc)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) 6.2.1 Party B shall sell honestly, carefully and diligently manage the series Entrusted Assets;
6.2.2 Party B shall, in accordance with laws, regulations, regulatory requirements, this Agreement, Investment Guidelines and Party A’s written directives, conduct Entrusted Investment Management and respond effectively to Party A Notices and Party A Reminders in a timely fashion and take necessary actions to implement such notices and reminders;
6.2.3 Party B shall, in accordance with this Agreement, Service Standards Manual and Investment Guidelines, perform obligations such as special management, accounting responsibility, report obligation, risk control, file management, system management and other service obligations;
6.2.4 Party B shall inform Party A in writing of products planned any changes in key personnel including investment manager;
6.2.5 In case a connected person of Party A is involved in an underlying asset in which Party B invests the entrusted funds, Party B shall promptly report the investment and provide information on the transaction as required by Party A so as to assist Party A in fulfilling its regulatory obligations in relation to connected transactions;
6.2.6 Party B shall actively assist and cooperate with Party A when Party A entrusts the independent custody of Entrusted Assets to a third party. Both parties shall enter into written agreement additionally to provide for such matters as Party B’s obligations and work process in regard to the custody of assets;
6.2.7 It shall cooperate with outside auditor consented to by Party A in accordance the audit of Entrusted Assets, and communicate in advance with Party A and the regions and guide prices specified auditor with respect to complicated accounting matters;
6.2.8 It shall initiatively assist in the contract, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction implementation of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to investment management system, asset and liability management system and financial system, establish a regular contact mechanism, provide relevant data required by such implementation as requested by Party A’s requirementsA in a reasonable time manner;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully 6.2.9 It shall cooperate with Party A in the market managementinspection of Entrusted Assets, market promotionand within a reasonable period, market expansion provide provisional data and other activities carried out material required by regulatory authorities and management of Party A;
(6) 6.2.10 It shall notify Party B A promptly of any loss on Entrusted Assets or funds of Party A as a result of operating risk of other party to the transaction, and shall actively cooperate with have the right of recourse in the name of Party A or Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services investment manager in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfullyauthorization;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party or engage in other civil acts in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 1 contract
Samples: Asset Management Agreement (China Life Insurance Co LTD)
Party B’s Obligations. (1) 4.1 Party A shall provide not enter into any written agreement or oral agreement with any other third party in the validity period of this Agreement for the purpose of providing such third party with the prior written consent of Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned A. And other services which are identical or similar to those provided by Party A in accordance with the regions and guide prices specified in the contract, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;under this Agreement.
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) 4.2 Party B shall provide Party A with relevant sales data and competing products an established annual business plan for Party B for the following year on the day of November 30 of each year or other date decided by Party A to analyze so that Party A may arrange the corresponding service plan and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s productspurchase the necessary software, equipment, Personnel and technical service force. If Party B finds that the intellectual property rights attached to the products sold by temporarily requires Party A have been infringed by to purchase equipment or personnel, should be fifteen (15) days in advance with Party A to negotiate to reach a third partyconsensus.
4.3 Party B shall, it is obliged to notify at the request of Party A;, provide Party A with relevant information to Party A in an accurate and timely manner.
(10) 4.4 Party B shall not purchase pay the service fee to Party A’s products through other channels A in full and mix them with products directly supplied on time according to the provisions of Article 3 of this Agreement.
4.5 Party B should maintain its own good reputation, and actively expand their business, to maximize the benefits.
4.6 The parties hereby confirm that pursuant to the terms and conditions of a “Equity Pledge Agreement” signed by Party A for sale, otherwise B at the date of signing this Agreement (hereinafter referred to as the “Existing Shareholders”) signed with Party A has on April 20, 2017, The existing shareholders have pledged their shares in Party B to Party A to guarantee the right to terminate the cooperationperformance of Party B’s obligations under this Agreement.
(11) Before printing all kinds 4.7 During the term of publicity materials aimed at this Agreement, Party B agrees to cooperate with Party A, Party B must submit it A, or its authorized auditors, in relation to Party A for review and release it with the written permission of Party A;
’s parent company (12including direct or indirect) Party A shall not sign an economic contract with a third party or engage in audits of related transactions and other civil acts in the name of audits, Operations, business, customers, finance, employees and other relevant information and information, and agreed to Party A, ’s parent company to meet the requirements of its securities listed on the disclosure of such information and Party A shall not be liable for any economic or civil disputes between Party B and any third partyinformation.
Appears in 1 contract
Samples: Exclusive Consulting and Services Agreement (Jumei International Holding LTD)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenseslicenses to Party A, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned by Party A in accordance with the regions and guide prices specified in the contract, and cross. Cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; for the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating cooperate with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products product information for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A A’s sales commodities have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party or engage in other civil acts in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 1 contract
Samples: Dealer Agreement (Oranco Inc)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) 6.2.1 Party B shall sell ensure that its qualification to manage the series Alternative Investment remains current and valid during the term of products planned this Agreement. It shall honestly, carefully and diligently manage the Entrusted Assets;
6.2.2 Party B shall, in accordance with laws, regulations, regulatory requirements, this Agreement, Investment Guideline and Party A’s written instructions, conduct Entrusted Investment Management and respond effectively to Party A Notices and Party A Reminders in a timely fashion and take necessary actions to implement such notices and reminders;
6.2.3 Party B shall, in accordance with this Agreement and the Investment Guideline, perform obligations such as special management, accounting responsibility, report obligation, risk control, file management, system management and other service obligations;
6.2.4 Party B shall actively assist and cooperate with Party A when Party A entrusts the independent custody of Entrusted Assets to third party. Both parties shall enter into written agreement additionally to provide for such matters as Party B’s obligations and work process in regard to the custody of assets;
6.2.5 It shall cooperate with outside auditor consented to by Party A in accordance with the regions and guide prices specified audit of Entrusted Assets;
6.2.6 It shall initiatively assist in the contract, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction implementation of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according investment management system and financial system, provide relevant data required by such implementation;
6.2.7 It shall cooperate with Party A in the inspection of Entrusted Assets, and within a reasonable period, provide provisional data and material required by regulatory authorities and management of Party A;
6.2.8 It shall notify Party A promptly of any loss on Entrusted Assets or funds of Party A as a result of operating risk of other party to the transaction, and shall have the right of recourse in the name of Party A or Party A’s requirementsinvestment manager in accordance with Party A’s authorization;
6.2.9 According to Basic Regulations on Corporate Internal Control (4and the complementary Implementation Guidelines for Corporate Internal Control), Evaluation Guidelines for Corporate Internal Control and Audit Guidelines for Corporate Internal Control jointly issued by the Ministry of Finance, the China Securities Regulatory Commission (CSRC) Strictly abide and other regulatory authorities, and the United States Sarbanes Oxley Act, as a company controlled by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) , Party B is obliged to fully cooperate with conduct the market managementevaluation of internal control and internal audit accepting external auditors. Party B shall be subject to the quality inspection of the annual internal control self evaluation by Party A, market promotion, market expansion and other activities carried out report the results of such evaluation as requested by Party A;
(6) 6.2.10 Party B shall actively cooperate with Party A’s business under return the guidance of Party A, establish relevant distribution systems, carry out cargo distribution project investment fund and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation investment gains to provide account(s) designated by Party A with Provide original documents of the flow of goods truthfully;within two (2) business days following exit from investment projects.
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) 6.2.11 Party B shall provide share with Party A the outside research sources and communication opportunities with relevant sales data and competing products for Party A respect to analyze and formulate sales strategiesEntrusted Assets;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold 6.2.12 Such other obligations as provided herein; and
6.2.13 Such other obligations as provided by Party A have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels laws and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperationregulations.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party or engage in other civil acts in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 1 contract
Samples: Asset Management Agreement (China Life Insurance Co LTD)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned by Party A in accordance with the regions and guide prices specified in the contract, and cross. Cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; for the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party contracts or engage in other civil acts with a third party in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 1 contract
Samples: Dealer Agreement (Oranco Inc)
Party B’s Obligations. (1) Party A shall provide Party A with legal and valid business certificates such as business licenses, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operations;
(2) Party B shall sell the series of products planned by Party A in accordance with the regions and guide prices specified in the contract, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and Party B shall repurchase and dump the products at the market price; the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion and other activities carried out by Party A;
(6) Party B shall actively cooperate with Party A’s business under the guidance of Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnover, and have the obligation to provide Party A with Provide original documents of the flow of goods truthfully;
(7) Consciously maintain the image and reputation of Party A and its products, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall must provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that the intellectual property rights attached to the products sold by Party A A’s sales commodities have been infringed by a third party, it is obliged to notify Party A;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it with the written permission of Party A;
(12) Party A shall not sign an economic contract with a third party or engage in other civil acts in the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third party.
Appears in 1 contract
Samples: Dealer Agreement (Oranco Inc)
Party B’s Obligations. (1) 9.2.1 Acknowledge and agree to be abided by the relevant standards and uniformity of Party A’s proprietary operating system;
9.2.2 Have legal and valid business premises and purchase necessary equipment;
9.2.3 Ensure that all government approvals and permits related to this authorized business project are completed, including but not limited to pre-approval documents such as business license, tax registration, fire protection, sanitation, and environmental protection permit;
9.2.4 In accordance with the contract, pay all fees to Party A in full and on time;
9.2.5 Party B must concentrate on its operations and do its best to maintain the highest standards for all matters related to the operation of authorized shops, and shall not sell or provide any products or services that do not meet the statutory standards such as laws and regulations and Party A’s user manual;
9.2.6 Party B guarantees to refer to the unified salary standards for waiters and service officers under Party A’s proprietary management system (see the Management Methods for Promotion of Shop Clerk for details). The service officer hired by Party B must take a full-body photo in uniform and upload it to Party A. After Party A approves, he/she can go to the shop to serve customers.
9.2.7 In accordance with the contract and Party A’s requirements, properly use and use the relevant trademarks, trade names, trade secrets, business operations and other operating resources under the “Ka Su Le Physical Shop” brand granted by Party A, and always pay attention to maintaining the reputation and goodwill of Party A and its brands;
9.2.8 The complete and accurate transaction records of the authorized shops shall be maintained. Party B’s cash register system must cooperate with Party A’s data management and shall unconditionally be connected to Party A’s central data management and control system. Establish regular contacts with Party A and provide Party A with legal the financial and valid operational status of authorized shops on a regular basis, including but not limited to financial statements, business certificates such as business licensesreports, and shall strictly abide by relevant national laws and regulations and industry norms, and conduct law-abiding operationsgoods inventory report forms;
(2) 9.2.9 Party B shall sell not make false or exaggerated publicity or promise to the series of products planned by Party A in accordance with the regions and guide prices specified in the contract, and cross-regional sales and low-price sales are strictly prohibited; the first time a warning is raised, and product;
9.2.10 Party B shall repurchase and dump actively participate in the products at the market price; the second time It is found that, except for the deduction of Party B’s security deposit, Party A reserves the right to recover losses to Party A caused by Party B’s destruction of the market price;
(3) Party B must sell Party A’s products according to Party A’s requirements;
(4) Strictly abide by Party A’s marketing plan on the maintenance of marketing order and related regulations;
(5) Party B is obliged to fully cooperate with the market management, market promotion, market expansion unified promotion activities and other activities carried out arranged by Party A;
(6) 9.2.11 If the quality of the products sold due to Party B causes damage to the third party such as the customer, Party B shall actively cooperate with independently assume the liability for compensation and shall bear all losses caused by Party A’s business under ;
9.2.12 If Party A has provided the guidance of user manual to Party A, establish relevant distribution systems, carry out cargo distribution and network coverage services in strict accordance with Party A’s requirements, provide sufficient storage space for product turnoverB, and have people are injured by boiling water and injuries are caused due to Party B’s improper operation, or arbitrarily let the obligation customers operate the machine to provide cause xxxxx and other personal injuries, the consequent responsibility shall be borne by Party A with Provide original documents of the flow of goods truthfullyB;
9.2.13 Bottled drinking pure water or mineral water that meets the national drinking water hygiene standards must be used to make drinks (7) Consciously maintain and the image and reputation ice source for making cold drinks should also be barreled pure water or mineral water).
9.2.14 Within the authorized operation period of Party A and its productsthis contract, handle complaints and related service requests from end-users of products in the agency area under the guidance of Party A, and do a good job of cooperating with relevant departments in supervision and inspection;
(8) Party B shall provide Party A with relevant sales data and competing products for Party A to analyze and formulate sales strategies;
(9) Party B shall not sell products that counterfeit or imitate Party A’s products. If Party B finds that accept the intellectual property rights attached authorization of any other third party to operate, and engage in the products sold by Party A have been infringed by a third party, it is obliged to notify Party Asame industry as the authorized business project;
(10) Party B shall not purchase Party A’s products through other channels and mix them with products directly supplied by Party A for sale, otherwise Party A has the right to terminate the cooperation.
(11) Before printing all kinds of publicity materials aimed at Party A, Party B must submit it to Party A for review and release it 9.2.15 In accordance with the written permission provisions of Party A;
(12) Party A shall not sign an economic contract with a third party or engage in the law and this contract, assume other civil acts in obligations to carry out the name of Party A, and Party A shall not be liable for any economic or civil disputes between Party B and any third partyproject under this authorization.
Appears in 1 contract
Samples: Promotion Period Special Authorized Cooperation Contract (Global Seed Corp)