Common use of Party B’s Obligations Clause in Contracts

Party B’s Obligations. 1. Party 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 true and reliable value-added telecom services provision license issued by the Ministry of Industry and Information Technology or local telecom authorities, credit certificates, and any other materials related to its after sales services system, pricing approval and bank accounts. 2. Party B shall maintain consistent services quality, in particular the information safety and services quality during significant period of time, ensure 7*24 availability of the communication channel with Party A, and be obligated to disclose the disclaimers to the user when the user activates certain service. 3. Party B shall submit its application for Party A’s approval if it desires to make any addition or change to its existing services, and may not activate the newly added services or implement such change to its existing services until receipt of Party A’s approval. 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 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, 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 is obligated to repay debts to Party A, Party B 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 regulating the Monternet market order as well as the provisions of other related documents, and shall be liable for its violation of any related provision. 9. Party B shall provide a specific direct line for handling the 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 B fails to continue the provision of such services due to its bad operation or other reasons attributable to itself, Party B shall give a 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 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 above mentioned provisions in the course of cooperation.

Appears in 2 contracts

Samples: Business Cooperation Agreement (NetQin Mobile Inc.), Business Cooperation Agreement (NetQin Mobile Inc.)

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Party B’s Obligations. 1. Party B shall have the enterprise legal person business license bearing legal business scopeuse all types of media under its control (including website, WAP site, plane media and content/television etc.) to help China Mobile promote Monternet WAP main website (xxx.xxxxxxxxx.xxx) and application services provider qualification, thereon and to attract visits to and use of such website. Party B shall provide to secure prior consent from Party A with true before Party B uses Party A’s name and reliable value-added telecom services provision license issued by business xxxx in its promotion of main Monternet WAP website; without prior written consent of Party A, Party B shall not use the Ministry name of Industry and Information Technology “China Mobile” or local telecom authorities, credit certificates, and any other materials related “Monternet” to its after sales services system, pricing approval and bank accountsconduct promotional activity unrelated to Monternet WAP business in media. 2. Party B shall maintain consistent services qualitybe responsible to provide application servers, in particular application software, information source, special line for application data and other necessary equipment to the information safety and services quality during significant period satisfaction of time, ensure 7*24 availability Party A on the basis of the communication channel with Party A, and be obligated to disclose the disclaimers to the user when the user activates certain serviceparties’ cooperation project. 3. Party B shall submit its application for provide active collaboration in Party A’s approval if it desires to make any addition or change to its existing servicestesting of connection points, and may not activate the newly added services or implement such change undertake to its existing services until receipt of Party A’s approval. 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 connect to the users. Party B may not provide any xxxx collection services by using the communication channels Monternet WAP main website in accordance with WAP service and interfacing specifications provided by Party A. 4. Using the connection point of Party A’s WAP system firewall with Party B as the boundary, Party B shall be responsible for the maintenance of all equipment on its own side to ensure smooth operation of such equipment. 5. Party B must ensure shall achieve the accuracy following network performance targets subject to Party A’s testing and record-keeping: a. connection success rate during busy hours not less than 98%; b. networking period (time for round-trip from WTBS Ping SP Server) not exceeding 0.1 second; c. SP response time (from the issue of all business request from WTBS to the information in receipt of the XXXX system, including without limitation, company name, address, tax account number, value-added certificate number, and contact person’s informationresponse by WTBS) not exceeding 0.5 second. 6. Party B shall update be responsible for immediately addressing the above mentioned failure of application service caused on its side, and taking practical measures to prevent the reoccurrence of such failure. Party B shall be liable for any economic losses thus incurred by Party A or its customer. 7. Party B shall be responsible to negotiate and enter into commercial arrangements with direct providers of the application contents. Party B shall ensure the information if there is and service it provides be subject to applicable State policies and regulations, do not infringe upon consumers’ interest, intellectual property rights or relevant interest of any change to itthird party. 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, 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 is obligated to repay debts to Party A, Party B 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 debtsproceedings arising therefrom. 8. Party B shall abide by ensure that the use of Party B’s services be free of any obstacles to customers at the Monternet cooperative Administrative Measures, examination terms, user services standards set out WAP main website. Unless permitted by Party A for regulating A, Party B shall not require the users who have logged on the Monternet market order as well as WAP main website to undertake registration and verification, or require the provisions users to undertake prior registration outside of other related documents, and shall be liable for its violation of any related provisionthe Monternet WAP main website. 9. Party B shall provide a specific direct line for handling ensure the users’ complaintscontents it provides be valuable to the user and timely updated. 10. Party B shall be responsible for not provide any users’ inquiry or complaint caused by reasons not attributable other service 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 customers through 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 WAP website without prior written consent 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 causedA . 11. Party B shall conduct strict management not provide to any other telecommunication service operator the same content as provided to Party A by any transmission means whatsoever; otherwise, Party A may terminate the application services provided by Party B on the network gateway Party A’s WAP main website and related account privileges, to safeguard the network and information safetycease fee settlement with Party B. 12. Party B shall be held solely liable for discontinue any consequences caused fee-based services on its own WAP website or other websites, otherwise Party A may terminate the application services provided by its poor management. 12. If Party B fails on Party A’s WAP main website and cease fee settlement with Party B. 13. If, prior to continue cooperation with Party A, Party B has provided the provision same services on its own WAP website or WAP web sites of such services due to its bad operation or other reasons attributable to itselfParty A’s provincial subsidiaries, Party B shall give in principle discontinue such services but may add a 3-month notice link to the Monternet WAP main website with the original website, otherwise Party A may terminate the services provided by Party B on Party A, ’s WAP main website and shall provide reasonable explanation to the users as well as good follow-up services.cease fee settlement with Party B. 1314. Party B warrants that it enjoys legal ownership toshall provide linkage to the portal page of Monternet WAP main website (xxxx://xxx.xxxxxxxxx.xxx) at its own WAP website, and recommend the Monternet application services to users. 15. Party B may apply to provide its services at Party A’s main WAP website on a national or local level. However, any service of the same type shall not be simultaneously provided on both the national and local level, i.e., any service provided locally shall not be provided nationally and vice versa, and any service provided provincially shall not be provided nationally by linking with numerous provincial WAP websites of Party A; otherwise Party A may terminate Party B’s nationwide service. 16. Without Party A’s written consent, Party B may not use its own brand or xxxx when providing its application services on the Monternet WAP main website. Instead, Party B shall use the uniform xxxx of the Monternet WAP main website. 17. The services provided by Party B on Party A’s WAP website shall not have linkage to the URL address of Party B or any legal authorization third party. Instead, all services should have linkage to grant return to the operator to use as agreed upon herein, any cooperative product or any other related content provided portal page of the Monternet WAP website (xxxx://xxx.xxxxxxxxx.xxx). 18. Party B shall provide to Party A in the course of cooperation, clearly 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 unambiguously all information required 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 calculate fees 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 services provided 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 shall assume all the above mentioned measures are taken, the losses to Party A still cannot be avoided, economic 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)legal liabilities related thereto. 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 Permit19. Party B shall acquire the Business License (a Commercial Internet Information Service License ) approved and issued by the Ministry of Information Industry of People’s Republic of China (MII). The coverage of Party B’s services shall be held fully liable in compliance with the term and geographic coverage set forth in Party B’s Business License for the violation of any above mentioned provisions in the course of cooperationvalue-added services.

Appears in 2 contracts

Samples: Cooperation Agreement (Hurray! Holding Co., Ltd.), Cooperation Agreement (Hurray! Holding Co., Ltd.)

Party B’s Obligations. 1. Party B shall have the enterprise legal person business license bearing legal business scopeuse all types of media under its control (including website, WAP site, plain media and content/television etc.) to help China Mobile promote Monternet WAP main website (xxx.xxxxxxxxx.xxx) and application services provider qualification, thereon and to attract visits to and use of such website. Party B shall provide to secure prior consent from Party A with true before Party B uses Party A’s name and reliable value-added telecom services provision license issued by business xxxx in its promotion of main Monternet WAP website; without prior written consent of Party A, Party B shall not use the Ministry name of Industry and Information Technology “China Mobile” or local telecom authorities, credit certificates, and any other materials related “Monternet” to its after sales services system, pricing approval and bank accountsconduct promotional activity unrelated to Monternet WAP business in media. 2. Party B shall maintain consistent services qualitybe responsible to provide application servers, in particular application software, information source, special line for application data and other necessary equipment to the information safety and services quality during significant period satisfaction of time, ensure 7*24 availability Party A on the basis of the communication channel with Party A, and be obligated to disclose the disclaimers to the user when the user activates certain serviceparties’ cooperation project. 3. Party B shall submit its application for provide active collaboration in Party A’s approval if it desires to make any addition or change to its existing servicestesting of connection points, and may not activate the newly added services or implement such change undertake to its existing services until receipt of Party A’s approval. 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 connect to the users. Party B may not provide any xxxx collection services by using the communication channels Monternet WAP main website in accordance with WAP service and interfacing specifications provided by Party A. 4. Using the connection point of Party A’s WAP system firewall with Party B as the boundary, Party B shall be responsible for the maintenance of all equipment on its own side to ensure smooth operation of such equipment. 5. Party B must ensure shall achieve the accuracy following network performance targets subject to Party A’s testing and record-keeping: a. connection success rate during busy hours not less than 98%; b. networking period (time for round-trip from WTBS Ping SP Server) not exceeding 0.1 second; c. SP response time (from the issue of all business request from WTBS to the information in receipt of the XXXX system, including without limitation, company name, address, tax account number, value-added certificate number, and contact person’s informationresponse by WTBS) not exceeding 0.5 second. 6. Party B shall update be responsible for immediately addressing the above mentioned failure of application service caused on its side, and taking practical measures to prevent the reoccurrence of such failure. Party B shall be liable for any economic losses thus incurred by Party A or its customer. 7. Party B shall be responsible to negotiate and enter into commercial arrangements with direct providers of the application contents. Party B shall ensure the information if there is and service it provides be subject to applicable State policies and regulations, do not infringe upon consumers’ interest, intellectual property rights or relevant interest of any change to itthird party. 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, 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 is obligated to repay debts to Party A, Party B 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 debtsproceedings arising therefrom. 8. Party B shall abide by ensure that the use of Party B’s services be free of any obstacles to customers at the Monternet cooperative Administrative Measures, examination terms, user services standards set out WAP main website. Unless permitted by Party A for regulating A, Party B shall not require the users who have logged on the Monternet market order as well as WAP main website to undertake registration and verification, or require the provisions users to undertake prior registration outside of other related documents, and shall be liable for its violation of any related provisionthe Monternet WAP main website. 9. Party B shall provide a specific direct line for handling ensure the users’ complaintscontents it provides be valuable to the user and timely updated. 10. Party B shall be responsible for not provide any users’ inquiry or complaint caused by reasons not attributable other service 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 customers through 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 WAP website without prior written consent 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.A. 11. Party B shall conduct strict management not provide to any other telecommunication service operator the same content as provided to Party A by any transmission means whatsoever; otherwise, Party A may terminate the application services provided by Party B on the network gateway Party A’s WAP main website and related account privileges, to safeguard the network and information safetycease fee settlement with Party B. 12. Party B shall be held solely liable for discontinue any consequences caused fee-based services on its own WAP website or other websites, otherwise Party A may terminate the application services provided by its poor management. 12. If Party B fails on Party A’s WAP main website and cease fee settlement with Party B. 13. If, prior to continue cooperation with Party A, Party B has provided the provision same services on its own WAP website or WAP web sites of such services due to its bad operation or other reasons attributable to itselfParty A’s provincial subsidiaries, Party B shall give in principle discontinue such services but may add a 3-month notice link to the Monternet WAP main website with the original website, otherwise Party A may terminate the services provided by Party B on Party A, ’s WAP main website and shall provide reasonable explanation to the users as well as good follow-up services.cease fee settlement with Party B. 1314. Party B warrants that it enjoys legal ownership to, or any legal authorization shall provide linkage to grant the operator to use as agreed upon herein, any cooperative product or any other related content provided to Party A in the course portal page of cooperation, and that the cooperative products and other related content will not infringe the legal rights of any third party Monternet WAP main website (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: (1xxxx://xxx.xxxxxxxxx.xxx) 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 problemsWAP website, and Party B shall, as required by Party A, at its own costs, apply recommend the Monternet application services 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)users. 15. If Party B does not have any Internet business operation licensemay apply to provide its services at Party A’s main WAP website on a national or local level. However, then in the course of cooperation, Party B should not provide any service usage channel to of the users through Internet (including without limitationsame type shall not be simultaneously provided on both the national and local level, customized services or services requesting). At same timei.e., any service provided locally shall not be provided nationally and vice versa, and any service provided provincially shall not be provided nationally by linking with numerous provincial WAP websites of Party B should not give any publicity regarding the cooperative business on the website without the Telecommunication and Information Services Operation Permit. A; otherwise Party B shall be held fully liable for the violation of any above mentioned provisions in the course of cooperationA may terminate Party B’s nationwide service.

Appears in 1 contract

Samples: Cooperation Agreement (Hurray! Holding Co., Ltd.)

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Party B’s Obligations. 1. Party B shall have the enterprise legal person business license bearing legal business scopeuse all types of media under its control (including website, WAP site, plane media and content/television etc.) to help China Mobile promote Monternet WAP main website (xxx.xxxxxxxxx.xxx) and application services provider qualification, thereon and to attract visits to and use of such website. Party B shall provide to secure prior consent from Party A with true before Party B uses Party A’s name and reliable value-added telecom services provision license issued by business xxxx in its promotion of the Ministry main Monternet WAP website. Without the prior written consent of Industry and Information Technology Party A, Party B shall not use the name “China Mobile” or local telecom authorities, credit certificates, and any other materials related “Monternet” to its after sales services system, pricing approval and bank accountsconduct promotional activity unrelated to the Monternet WAP business in the media. 2. Party B shall maintain consistent services qualitybe responsible to provide application servers, in particular application software, information source, special line for application data and other necessary equipment to the information safety and services quality during significant period satisfaction of time, ensure 7*24 availability Party A on the basis of the communication channel with Party A, and be obligated to disclose the disclaimers to the user when the user activates certain serviceparties’ cooperation project. 3. Party B shall submit its application for provide active collaboration in Party A’s approval if it desires to make any addition or change to its existing servicestesting of connection points, and may not activate the newly added services or implement such change undertake to its existing services until receipt of Party A’s approval. 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 connect to the users. Party B may not provide any xxxx collection services by using the communication channels Monternet WAP main website in accordance with WAP service and interfacing specifications provided by Party A. 4. Using the connection point of Party A’s WAP system firewall with Party B as the boundary, Party B shall be responsible for the maintenance of all equipment on its own side to ensure smooth operation of such equipment. 5. Party B must ensure shall achieve the accuracy following network performance targets subject to Party A’s testing and record-keeping: a. connection success rate during busy hours of all not less than 98%; b. networking period (time for round-trip from WTBS Ping SP Server) not exceeding 0.1 second; c. SP response time (from the information in issuance of a business request from WTBS to the XXXX system, including without limitation, company name, address, tax account number, value-added certificate number, and contact person’s informationreceipt of such response by WTBS) not exceeding 0.5 second. 6. Party B shall update be responsible for immediately addressing the above mentioned failure of application service caused on its side, and taking practical measures to prevent the reoccurrence of such failure. Party B shall be liable for any economic losses thus incurred by Party A or its customer. 7. Party B shall be responsible to negotiate and enter into commercial arrangements with direct providers of the application contents. Party B shall ensure the information if there is and service it provides are in line with applicable State policies and regulations, and do not infringe upon consumers’ interests, intellectual property rights or relevant interests of any change to itthird party. 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, 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 is obligated to repay debts to Party A, Party B 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 debtsproceedings arising therefrom. 8. Party B shall abide by ensure that the use of Party B’s services be free of any obstacles to customers at the Monternet cooperative Administrative Measures, examination terms, user services standards set out WAP main website. Unless permitted by Party A for regulating A, Party B shall not require the users who have logged on to the Monternet market order as well as WAP main website to undertake registration or verification, or to require the provisions users to undertake prior registration outside of other related documents, and shall be liable for its violation of any related provisionthe Monternet WAP main website. 9. Party B shall provide a specific direct line for handling ensure the users’ complaintscontents it provides are valuable to the user and timely updated. 10. Party B shall be responsible for not provide any users’ inquiry or complaint caused by reasons not attributable other service 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 customers through Party A’s assistance to Party A. Party B shall be responsible for related following-up work and return visit to WAP website without the users. 10. When testing and adjusting the system, Party B may not impair the normal operation prior written consent 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.A. 11. Party B shall conduct strict management not provide to any other telecommunication service operator the same content as provided to Party A by any transmission means whatsoever; otherwise, Party A may terminate the application services provided by Party B on the network gateway Party A’s WAP main website and related account privileges, to safeguard the network and information safetycease fee settlement with Party B. 12. Party B shall be held solely liable for discontinue any consequences caused fee-based services on its own WAP website or other websites, otherwise Party A may terminate the application services provided by its poor management. 12. If Party B fails on Party A’s WAP main website and cease fee settlement with Party B. 13. If, prior to continue cooperation with Party A, Party B has provided the provision same services on its own WAP website or WAP websites of such services due to its bad operation or other reasons attributable to itselfParty A’s provincial subsidiaries, Party B shall give in principle discontinue such services but may add a 3-month notice link to the Monternet WAP main website with the original website, otherwise Party A may terminate the services provided by Party B on Party A, ’s WAP main website and shall provide reasonable explanation to the users as well as good follow-up services.cease fee settlement with Party B. 1314. Party B warrants that it enjoys legal ownership to, or any legal authorization shall provide linkage to grant the operator to use as agreed upon herein, any cooperative product or any other related content provided to Party A 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 portal page of the following correction measures: Monternet WAP main website (1xxxx://xxx.xxxxxxxxx.xxx) 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 problemsWAP website, and Party B shall, as required by Party A, at its own costs, apply recommend the Monternet application services 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)users. 15. If Party B does may apply to provide its services at Party A’s main WAP website on a national or local level. However, any service of the same type shall not have be simultaneously provided on both the national and local level, i.e., any Internet business operation licenseservice provided locally shall not be provided nationally and vice versa, then in the course and any service provided provincially shall not be provided nationally by linking with numerous provincial WAP websites of cooperationParty A; otherwise, 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, A may terminate 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 above mentioned provisions in the course of cooperationB’s nationwide service.

Appears in 1 contract

Samples: Cooperation Agreement (Hurray! Holding Co., Ltd.)

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