Common use of Party B’s Obligations Clause in Contracts

Party B’s Obligations. 1. Party B shall use all types of media under its control (including website, WAP site, plane media and television etc.) to help China Mobile promote Monternet WAP main website (xxx.xxxxxxxxx.xxx) and application services thereon and to attract visits to and use of such website. Party B shall secure prior consent from Party A before Party B uses Party A’s name and business xxxx in its promotion of main Monternet WAP website; without prior written consent of Party A, Party B shall not use the name of “China Mobile” or “Monternet” to conduct promotional activity unrelated to Monternet WAP business in media. 2. Party B shall be responsible to provide application servers, application software, information source, special line for application data and other necessary equipment to the satisfaction of Party A on the basis of the parties’ cooperation project. 3. Party B shall provide active collaboration in Party A’s testing of connection points, and undertake to connect to the 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 shall achieve the 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 business request from WTBS to the receipt of the response by WTBS) not exceeding 0.5 second. 6. Party B shall be responsible for immediately addressing the 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 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 third party. Party B shall be solely liable for any proceedings arising therefrom. 8. Party B shall ensure that the use of Party B’s services be free of any obstacles to customers at the Monternet WAP main website. Unless permitted by Party A, Party B shall not require the users who have logged on the Monternet WAP main website to undertake registration and verification, or require the users to undertake prior registration outside of the Monternet WAP main website. 9. Party B shall ensure the contents it provides be valuable to the user and timely updated. 10. Party B shall not provide any other service to Party A’s customers through Party A’s WAP website without prior written consent of Party A . 11. Party B shall 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 Party A’s WAP main website and cease fee settlement with Party B. 12. Party B shall discontinue any fee-based services on its own WAP website or other websites, otherwise Party A may terminate the application services provided by Party B on Party A’s WAP main website and cease fee settlement with Party B. 13. If, prior to cooperation with Party A, Party B has provided the same services on its own WAP website or WAP web sites of Party A’s provincial subsidiaries, Party B shall in principle discontinue such services but may add a 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 cease fee settlement with Party B. 14. Party B shall 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 third party. Instead, all services should have linkage to return to the portal page of the Monternet WAP website (xxxx://xxx.xxxxxxxxx.xxx). 18. Party B shall provide to Party A clearly and unambiguously all information required to calculate fees for the services provided by Party B, and shall assume all economic and legal liabilities related thereto. 19. 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 in compliance with the term and geographic coverage set forth in Party B’s Business License for value-added services.

Appears in 2 contracts

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

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Party B’s Obligations. 1. Party B shall use all types of media under its control (including website, WAP site, plane media and television etc.) to help China Mobile promote Monternet WAP main website (xxx.xxxxxxxxx.xxx) and application services thereon and to attract visits to and use of such website. Party B shall secure prior consent from Party A before Party B uses Party A’s name and business xxxx in its promotion of the main Monternet WAP website; without . Without the prior written consent of Party A, Party B shall not use the name of “China Mobile” or “Monternet” to conduct promotional activity unrelated to the Monternet WAP business in the media. 2. Party B shall be responsible to provide application servers, application software, information source, special line for application data and other necessary equipment to the satisfaction of Party A on the basis of the parties’ cooperation project. 3. Party B shall provide active collaboration in Party A’s testing of connection points, and undertake to connect to the 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 shall achieve the following network performance targets subject to Party A’s testing and record-keeping: a. connection success rate during busy hours of 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 issuance of a business request from WTBS to the receipt of the such response by WTBS) not exceeding 0.5 second. 6. Party B shall be responsible for immediately addressing the 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 and service it provides be subject to are in line with applicable State policies and regulations, and do not infringe upon consumers’ interestinterests, intellectual property rights or relevant interest interests of any third party. Party B shall be solely liable for any proceedings arising therefrom. 8. Party B shall ensure that the use of Party B’s services be free of any obstacles to customers at the Monternet WAP main website. Unless permitted by Party A, Party B shall not require the users who have logged on to the Monternet WAP main website to undertake registration and or verification, or to require the users to undertake prior registration outside of the Monternet WAP main website. 9. Party B shall ensure the contents it provides be are valuable to the user and timely updated. 10. Party B shall not provide any other service to Party A’s customers through Party A’s WAP website without the prior written consent of Party A .A. 11. Party B shall 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 Party A’s WAP main website and cease fee settlement with Party B. 12. Party B shall discontinue any fee-based services on its own WAP website or other websites, otherwise Party A may terminate the application services provided by Party B on Party A’s WAP main website and cease fee settlement with Party B. 13. If, prior to cooperation with Party A, Party B has provided the same services on its own WAP website or WAP web sites websites of Party A’s provincial subsidiaries, Party B shall in principle discontinue such services but may add a 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 cease fee settlement with Party B. 14. Party B shall provide linkage to the portal page of the 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 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 third party. Instead, all services should have linkage to return to the portal page of the Monternet WAP website (xxxx://xxx.xxxxxxxxx.xxx). 18. Party B shall provide to Party A clearly and unambiguously all information required to calculate fees for the services provided by Party B, and shall assume all economic and legal liabilities related thereto. 19. 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 in compliance with the term and geographic coverage set forth in Party B’s Business License for value-added services.

Appears in 1 contract

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

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Party B’s Obligations. 1. Party B shall use all types of media under its control (including website, WAP site, plane plain media and television etc.) to help China Mobile promote Monternet WAP main website (xxx.xxxxxxxxx.xxx) and application services thereon and to attract visits to and use of such website. Party B shall secure prior consent from Party A before Party B uses Party A’s name and business xxxx in its promotion of main Monternet WAP website; without prior written consent of Party A, Party B shall not use the name of “China Mobile” or “Monternet” to conduct promotional activity unrelated to Monternet WAP business in media. 2. Party B shall be responsible to provide application servers, application software, information source, special line for application data and other necessary equipment to the satisfaction of Party A on the basis of the parties’ cooperation project. 3. Party B shall provide active collaboration in Party A’s testing of connection points, and undertake to connect to the 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 shall achieve the 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 business request from WTBS to the receipt of the response by WTBS) not exceeding 0.5 second. 6. Party B shall be responsible for immediately addressing the 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 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 third party. Party B shall be solely liable for any proceedings arising therefrom. 8. Party B shall ensure that the use of Party B’s services be free of any obstacles to customers at the Monternet WAP main website. Unless permitted by Party A, Party B shall not require the users who have logged on the Monternet WAP main website to undertake registration and verification, or require the users to undertake prior registration outside of the Monternet WAP main website. 9. Party B shall ensure the contents it provides be valuable to the user and timely updated. 10. Party B shall not provide any other service to Party A’s customers through Party A’s WAP website without prior written consent of Party A .A. 11. Party B shall 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 Party A’s WAP main website and cease fee settlement with Party B. 12. Party B shall discontinue any fee-based services on its own WAP website or other websites, otherwise Party A may terminate the application services provided by Party B on Party A’s WAP main website and cease fee settlement with Party B. 13. If, prior to cooperation with Party A, Party B has provided the same services on its own WAP website or WAP web sites of Party A’s provincial subsidiaries, Party B shall in principle discontinue such services but may add a 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 cease fee settlement with Party B. 14. Party B shall 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 third party. Instead, all services should have linkage to return to the portal page of the Monternet WAP website (xxxx://xxx.xxxxxxxxx.xxx). 18. Party B shall provide to Party A clearly and unambiguously all information required to calculate fees for the services provided by Party B, and shall assume all economic and legal liabilities related thereto. 19. 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 in compliance with the term and geographic coverage set forth in Party B’s Business License for value-added services.

Appears in 1 contract

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

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