Common use of Party B’s Rights and Obligations Clause in Contracts

Party B’s Rights and Obligations. 4.1 Party B shall have the right to receive relevant fees or compensation in accordance with this Agreement. 4.2 Party B shall be responsible for the design, development, production, maintenance, and updates of the content of the “GoTone Phoenix Weekly”, “GoTone Phoenix Observer”, and “Phoenix Express”, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairs. 4.3 Party B covenants that the foregoing multimedia message products will be sold to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests of Party A’s clients, or the intellectual property rights and/or other legitimate interests of any third party. 4.5 Party B covenants that the news contents provided to Party A by Party B are objective, real, legitimate and valid, are from source that complies with the relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests of any third party. 4.6 Party B shall assist Party A in providing consulting services to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hours. 4.7 Party B warrants that it has the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Party B will be in compliance with the relevant regulations of the state. In case of any violation of law or regulation due to any defects in Party B’s qualifications, Party B shall be liable for the consequences and liabilities therefor. 4.8 Party B warrants that the content of the various activities conducted on the basis of the supporting resources provided by Party B will meet the relevant content censorship requirements of the state. In case of any violation of law or regulation due to due to any resources or contents provided by Party B, Party B shall be liable for the consequences and liabilities therefor. 4.9 Party B warrants that it has obtained the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV and has the right to sublicense to Party A the right to use such trademark. 4.10 Party B shall be responsible for the handling of all registration, filing, examination and approval procedures in connection with this Agreement and the performance hereunder.

Appears in 2 contracts

Sources: Cooperation Agreement (Phoenix New Media LTD), Cooperation Agreement (Phoenix New Media LTD)

Party B’s Rights and Obligations. 4.1 Party B shall provide technical support or information related to Tencent Advertising Services and shall be responsible for operation and maintenance of the Tencent platform system. In order to improve Tencent Advertising Services, Party B and its affiliates or partners have the right to receive relevant fees or compensation in accordance with continuously adjust Tencent Platform and its specific services. The adjustments of names, functions and domain names of Tencent Platform and its specific services will not affect the effectiveness of this Agreement. Party B has the right to adjust or terminate some or all of the services at any time according to its unilateral operation arrangements, including but not limited to stopping or upgrading certain services, adjusting the functions of certain services or integrating certain services. Party A has the right to decide whether to continue to use relevant services according to its own needs. 4.2 Party B has the right to review the supporting documents and Advertising of Party A and Sub-Clients and decide whether to allow the presentation of Advertising according to Tencent Platform Rules. This review is pro forma. Party B does not make any warranty or covenant on the supporting documents or Advertising, nor represent any confirmation and guarantee on the authenticity and legitimacy of the Advertising. In addition, Party B’s review and approval will not reduce Party A’s liability of guarantee on the authenticity and legitimacy of Sub-Clients’ business qualifications and Advertising. All the resulting responsibilities and consequences shall be responsible for borne by Party A. 4.3 In order to protect the design, development, production, maintenance, and updates interest of the parties, Party B has the right to formulate a special process for handling any infringement complaint, with which Party A and the Sub-Client shall comply. If Party A or any Sub-Client is investigated by the competent authority or is complained by a third party, or if Party A or any Sub-Client complains any third party, Party B has the right to submit the entity information, contact information, relevant content of the “GoTone Phoenix Weekly”complaint and other necessary information of relevant parties (including but not limited to name, “GoTone Phoenix Observer”telephone number, certificates) to such authority or party, so as to resolve any dispute timely and protect the legitimate rights and interests of the parties. Party A and the Sub-Client shall cooperate. If Party A or any Sub-Client is investigated by the competent authority or is complained by a third party, Party A shall handle the complaint properly within 3 natural days. Otherwise, Party B has the right to take corresponding measures according hereto, and “Phoenix Express”, to advance any payment to resolve the dispute and compensate loss in its sole discretion to protect the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science legitimate right and technology, fashion, and military affairs. 4.3 interest of the complainant. Party B covenants that has the foregoing multimedia message products will be sold right to deduct corresponding amount directly from the service provider account of Party A exclusivelyor the account of the breaching Sub-Client, for which products Party B will only provide content support, and that Party B will not sell or recover such multimedia message products to or in collaboration with any third party other than amount otherwise from Party A. 4.4 Party B covenants that When any Advertising is investigated by the multimedia message products competent authority or is complained by a third party (including but not limited to users and contents thereof soldright holders, and the relevant information and services providedsame below), to or if Party A by Party B will not violate or any relevant Sub-Client violates the laws or regulations of the state, the interests of Party A’s clients, or the intellectual property rights and/or other legitimate interests of any third party. 4.5 Party B covenants that the news contents provided to Party A by Party B are objective, real, legitimate and valid, are from source that complies with the relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests of any third party. 4.6 Party B shall assist Party A in providing consulting services to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hours. 4.7 Party B warrants that it has the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Party B will be in compliance with the relevant regulations of the state. In case of any violation of law or regulation due to any defects in Party B’s qualificationsregulations, Party B shall be liable for the consequences and liabilities therefor. 4.8 Party B warrants that the content of the various activities conducted on the basis of the supporting resources provided by Party B will meet the relevant content censorship requirements of the state. In case of any violation of law or regulation due to due to any resources or contents provided by Party B, Party B shall be liable for the consequences and liabilities therefor. 4.9 Party B warrants that it has obtained the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV and has the right to sublicense independently judge according to common sense and determine whether Party A has violated laws and regulations. If Party B judges and determines that Party A or any Sub-Client has violated laws and regulations or the terms of this Agreement (including but not limited to delay in payment), Party B has the right to use such trademarkunilaterally take one or more of the following measures against Party A: (1) Stopping presentation of allegedly illegal Advertising, whether or not the Advertising is already released. 4.10 Party B shall be responsible for the handling of all registration, filing, examination and approval procedures in connection with this Agreement and the performance hereunder.

Appears in 2 contracts

Sources: Agreement of Cooperation on Tencent Advertising Services (iClick Interactive Asia Group LTD), Agreement of Cooperation on Tencent Advertising Services (iClick Interactive Asia Group LTD)

Party B’s Rights and Obligations. 4.1 (i) During the course of cooperation, where Party A from time to time formulates and amends the provisions relating to the administration of various businesses, cooperation, credit score, customer service, examination and appraisal and information service business specifications (for details, please refer to the contents published in the management system of Party A) for the game business, these provisions shall be supplemented as schedules attached to this Agreement. Party B confirms and undertakes to provide the game services as required above. (ii) Party B must provide Party A with the true and valid certificates and licenses, such as telecommunications and information service business license, telecommunications value-added business license, business license, etc., credit certificate, source of information, bank account and other materials in relation to the normal operations, and guarantee that the price charged for the information services it provides is in compliance with the relevant provisions of the national pricing department. (iii) Party B must comply with the relevant national laws, regulations, decrees and policies in relation to telecommunications and internet information services. Party B guarantees that all content of the information provided is consistent with the relevant national laws, regulations and policies, and will not impair any third party’s legal interests and the public social interests. No illegal information will be disseminated through Party A’s system, in breach of which Party B shall assume all consequences arising therefrom. Party B must be responsible for screening of the content of information provided by customers (such as chat-room data) and eradicating all unhealthy and illegal information. For any complaints arising therefrom, Party B shall be responsible to handle such complaints and assume all economic and legal liabilities. If for this reason, Party A suffers any economic losses or goodwill damages, it shall be entitled to seek indemnification from Party B. (iv) Party B must ensure that the it provides a lawful game business, and possesses all necessary government permits, production and/or use permits and/or authorization to provide such business, the contents of which are originated from resource that are legal and non-infringing, and do not misappropriate the copyright of any third party without the owner’s consent or any other legal rights. Where any complaint, litigation or recourse is brought by any third party against Party A relating to Party B’s game business, Party A shall be entitled to temporarily suspend those businesses that involve disputes on infringement and refer such disputes to Party B. Party B must promptly contact the complaining party or take recourse on resolving the disputes, in addition to assuming all legal and economic liabilities. If for this reason, Party A suffers any economic losses or goodwill damages, it shall be entitled to seek indemnification from Party B. (v) During the course of cooperation, Party B shall not through various channels, without Party A’s prior written consent, use Party A’s mobile data application business, to associate with any third party whether in a disguise manner at all business levels. (vi) Party B shall cooperate with Party A on the testing of interface and ensure that services are provided in accordance with Party A’s business standards and interface technological specifications. (vii) Party B must clearly and unambiguously submit all materials in relation to the business it provides and with this regard, assume all the economic and legal responsibilities. (viii) Party B must ensure that it will, on a daily basis log onto the management system designated by Party A to check various notices, announcements and other information published by Party A and promptly take corresponding actions. Party B shall be held liable for losses arising from Party B’s failure to check the information published in the system. (ix) Under Party A’s supervision, Party B shall be entitled to determine whether to charge a fee for the business it provides as well as the fee standard. The fee standard for a single game business shall not be higher than that is provided in Party A’s administrative measures regarding game business. (x) Party B shall observe Party A’s administrative measures regarding game business, standards and documents relating to customer service, and accept Party A’s examination and supervision. Irrespective of the reason Party B decides to withdraw from providing game services (including mandatory withdrawal as a result of appraisal fitness), Party B shall have the right responsibility to provide a one-month withdrawal grace period, during which Party B shall continue providing services to the customers, and make an announcement, by sending short messages free of charge at a notable place in its website (WAP/WWW) or from other channels with influence and notify the registered customers that it will stop providing the game services. After the termination of cooperation, Party B shall actively cooperate with China Mobile to continue providing the relevant customer services, and Party B shall remain obliged to assume all relevant liabilities arising from its own acts during the course of cooperation. (xi) Party B shall ensure 7 x 24 hours accessibility to customer service and must establish a valid and non-obstructive complaint channel, so as to resolve as well as properly deal with various customer inquiries and complaints arising from business not related to the network communications problems. If Party A receives customer complaints in relation to the above, Party B shall be responsible to provide a preliminary response to Party A’s customer service department within two hours, and to find out the reason behind within one working day, before discontinuing disseminating the information that violates the laws and regulations. For customer complaints which both Party A and Party B may not able to provide a reasonable explanation, Party B shall be responsible to finally resolve the customer complaint in a proper way. (xii) Party B shall receive relevant the information service fees paid by customers. If, any customer refuses to pay the information service fees or compensation if, Party A has to make a refund of the same amount to the customer, due to the standards of quality associated with Party B’s services or based on the grounds that such amount of information service fees is higher than the standardized charged provided by the pricing department, Party A shall deduct the same amount from the information service fees to be collected from Party B. If there is insufficient amount for such deduction, Party B shall make a payment to Party A of the insufficient portion. (xiii) Party B shall actively carry out marketing and customer promotion activities. The contents of Party B’s promotion and advertisements shall be marked with the brand “China Mobile Game” and UI standards in accordance with Party A’s requirements. (xiv) Party B assures that it has the legal ownership of any cooperative products and other relevant contents provided to Party A during the course of cooperation or the legal authorization to permit Party A to use such cooperative products and other relevant contents in accordance with this Agreement, and assures that the cooperative products and other relevant contents do not infringe the legal interests of any third party (including but not limited to the copyright, right of reputation, right of portraiture, etc.), do not involve any copyright disputes, nor violate any laws and regulations, and give valid authorization for Party A to disseminate through the information network. 4.2 (xv) If any third party files any litigation or applies for arbitration on the grounds that Party B has no disposal right in relation to any cooperative products or other relevant contents or that Party B has made a defective authorization, Party A shall be entitled to, depending on the situations, take the following remedial measures jointly or severally. 1. Suspend the distribution of the distributable proceeds under this Agreement with Party B within the limit of claims made by the third party; 2. Require Party B to properly resolve the dispute at its own expense, and Party B shall, in accordance with Party A’s direction and at its own expense, apply to dispute resolution authorities as a third party to participate in the dispute resolution; 3. Partially and wholly terminate this Agreement. If Party A even after taking the above measures, cannot avoid losses from happening, then at Party A’s request, Party B shall be obliged to promptly and fully indemnify and hold harmless of Party A against all losses suffered by Party A (including but not limited to any prepayment made by Party A to Party B and/or all economic losses incurred during the course of business suspension, as well as reasonable legal fees, litigation or arbitration fees paid by Party A to resolve the disputes). (xvi) In the event that Party B has no qualifications for operating internet business, during the course of cooperation, Party B shall not provide the route to business use for customers through internet in any form (including but not limited to service order and service on demand). Party B shall not promote the cooperative business on websites that have not been granted the license for operation of telecommunications and information service business. If Party B breaches any of the above provisions during the course of cooperation, Party B shall be held responsible. (xvii) Party B shall be responsible for formulating a well-established internal management procedures and system, strengthening the administration of authority in relation to internal information dissemination functions, and ensuring that the contents of the business provided to Party A’s customers are in compliance with laws. Party B shall be responsible in conveying to its staff the national and the telecommunications authority’s laws and regulations on the use of internet; establishing and perfecting the archives of the users, strengthening the administration and education of the users; and perfecting the administrative measures on network security and confidentiality, failing which Party A shall be entitled to terminate the cooperation with Party B. (xviii) Party B shall be responsible for the design, development, production, maintenance, security of its system and updates regularly examine the conditions of the content security of its system. When carrying out the “GoTone Phoenix Weekly”, “GoTone Phoenix Observer”, and “Phoenix Express”, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairs. 4.3 Party B covenants that the foregoing multimedia message products will be sold to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests of Party A’s clients, or the intellectual property rights and/or other legitimate interests of any third party. 4.5 Party B covenants that the news contents provided to Party A by Party B are objective, real, legitimate and valid, are from source that complies with the relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests of any third party. 4.6 Party B shall assist Party A in providing consulting services to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hours. 4.7 Party B warrants that it has the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Party B will be in compliance with the relevant regulations of the state. In case of any violation of law or regulation due to any defects in Party B’s qualificationsbusiness, Party B shall be liable for not initiate any form of attack to the consequences and liabilities therefor. 4.8 Party B warrants mobile network. For any attack that the content of the various activities conducted on the basis of the supporting resources provided by Party B will meet the relevant content censorship requirements of the state. In case of any violation of law or regulation due to due to any resources or contents provided by arises from Party B, Party A will notify Party B to make rectification within a time limit. If Party B fails to rectified as required in a timely manner, Party A shall be liable for have right to take appropriate measures to avoid deterioration of the consequences and liabilities thereforsecurity issue. For lawful benefits of the customers, Party A has the right, at emergency, take the relevant measures without prior notice to the customers. 4.9 Party B warrants that it has obtained the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV and has the right to sublicense to Party A the right to use such trademark. 4.10 (xix) Party B shall be responsible for actively cooperate with the handling national competent authority and China Mobile on pursuing issues on network security and to provide them with the relevant legal information. Party B undertakes that it will comply with the contents set out in the Undertaking Letter on Information Security Responsibility (as attached hereto), and ensure the security of all registration, filing, examination and approval procedures in connection with this Agreement and the performance hereunderinformation.

Appears in 2 contracts

Sources: Sp Cooperation Agreement (China Mobile Games & Entertainment Group LTD), Sp Cooperation Agreement (China Mobile Games & Entertainment Group LTD)

Party B’s Rights and Obligations. 4.1 Party B shall have 4.3.1 Upon the right to receive relevant fees or compensation in accordance with effectiveness of this Agreement. 4.2 Party B shall be responsible for the design, development, production, maintenance, and updates of the content of the “GoTone Phoenix Weekly”, “GoTone Phoenix Observer”, and “Phoenix Express”, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairs. 4.3 Party B covenants that the foregoing multimedia message products will be sold to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests of Party A’s clients, or the intellectual property rights and/or other legitimate interests of any third party. 4.5 Party B covenants that the news contents provided to Party A by Party B are objective, real, legitimate and valid, are from source that complies with the relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests of any third party. 4.6 Party B shall assist Party A in providing consulting services to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hours. 4.7 Party B warrants that it has the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Party B will be in compliance with the relevant regulations of the state. In case of any violation of law or regulation due to any defects in Party B’s qualifications, Party B shall be liable form a team composed of specialized personnel to carry out for the consequences and liabilities thereforrelated work so as to ensure the smooth cooperation between the parties. 4.8 4.3.2 Party B will provide to Party A an account which will timely return the visiting traffic data for Party A’s easy inquiry. 4.3.3 Party B warrants that the content accuracy of the various activities conducted on income data of Baidu’s promotion calculated by the basis of the supporting resources provided by Party B will meet the relevant content censorship requirements of the statestatistic interface. In case the event of any violation loss of law data or regulation due to due to any resources or contents provided by other issue on account of Party B, Party B shall be liable for compensate Party A in accordance with the consequences and liabilities thereforactual situation. 4.9 4.3.4 Party B warrants that it has obtained the use right and other relevant rights legally owns or otherwise holds a valid license to the relevant trademark 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 Phoenix Satellite TV and 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 sublicense 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 immediate suspension of Party A’s account, termination of this Agreement, and taking any applicable civil or criminal remedial actions against fraud and violation of cooperation policies and any other legal causes. Party B shall have the final right to interpretation of this provision. 4.3.6 Party A B retains the right to use 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 trademark. 4.10 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 be responsible for settle with Party A. Failure to exercise such termination right is deemed that Party A agrees the handling adjustment of Party B. 4.3.7 With respect to the cooperation hereof, Party B has the discretion to assign to its affiliates all registrationor 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, filingowned or controlled, examination and approval procedures in connection with this Agreement and directly or indirectly, by the performance hereunderParty B’s parent companies at different levels.

Appears in 2 contracts

Sources: Cooperation Agreement (Cheetah Mobile Inc.), Cooperation Agreement (Cheetah Mobile Inc.)

Party B’s Rights and Obligations. 4.1 Party B shall have 1. During the right to receive relevant fees or compensation in accordance with this Agreement. 4.2 Party B shall be responsible for the design, development, production, maintenance, and updates of the content of the “GoTone Phoenix Weekly”, “GoTone Phoenix Observer”, and “Phoenix Express”, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairs. 4.3 Party B covenants that the foregoing multimedia message products will be sold to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests Agency Period of Party A’s clients, or Party B undertakes that it will maintain relevant qualification certificates with respect to platform operation of ▇▇▇.▇▇▇ so as to ensure the intellectual property rights and/or other legitimate interests legality of any third partythe platform. 4.5 Party B covenants that 2. During the news contents provided to Party A by Party B are objective, real, legitimate and valid, are from source that complies with the relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests Agency Period of any third party. 4.6 Party B shall assist Party A in providing consulting services to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hours. 4.7 Party B warrants that it has the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Party B will be in compliance with the relevant regulations of the state. In case of any violation of law or regulation due to any defects in Party B’s qualifications, Party B shall be liable for ensure the consequences normal operation of the server and liabilities thereforshall timely provide Party A with relevant technical services. 4.8 3. Party B warrants that the content of the various activities conducted on the basis of the supporting resources provided by Party B will meet the relevant content censorship requirements of the state. In case of any violation of law or regulation due to due to any resources or contents provided by Party B, Party B shall be liable for the consequences and liabilities therefor. 4.9 Party B warrants undertakes that it has obtained owns all the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV its platform and has the right to sublicense conduct program docking and/or code modification with respect to the platform according to the actual needs of the Parties’ cooperation, and such right is not subject to restrictions by any third party. When necessary, Party B shall, upon Party A’s request, issue relevant written certificate/ authorization/statement etc. to Party A the right as evidence submitted to use such trademarkParty A’s customers. 4.10 4. If the Parties’ cooperation involves the docking between ▇▇▇.▇▇▇ of Party B and Party A’s release platform or involves the development of advertising space, Party B shall be responsible facilitate in all aspects the docking, development and relevant testing arrangement of Party A, including but not limited to reasonable code changes, requisite joint testing from time to time, and so on. 5. In addition to the necessary routine maintenance, during the Display Period provided in this Agreement, Party B shall ensure its Media Resources are able to provide continuous and stable display for the handling visits from whatever sources, and shall ensure the placement of all registrationParty A’s advertisement content is timely and effective (except for force majeure). 6. According to Paragraph 2 of Article III, filingif Party A fails to achieve the Quarterly Daily Average Guaranteed Traffic while Party B has achieved the Quarterly Guaranteed Amount , examination and approval procedures in connection with Party B is entitled to terminate this Agreement and by notifying Party A in writing. After the performance hereunder.termination due to the above reason, Party A shall pay the Quarterly Guaranteed Amount to Party B according to the provisions of the Agreement. Party B confirms that after Party A make payment of Quarterly Guaranteed Amount according to the provisions of the Agreement, Party B will no longer claim other losses suffered by it due to the termination of the agreement by Party A.

Appears in 2 contracts

Sources: Advertising Agency Agreement (Ku6 Media Co., LTD), Advertising Agency Agreement (Ku6 Media Co., LTD)

Party B’s Rights and Obligations. 4.1 5.1 Party B shall only cooperate with Party A within the scope permitted by the relevant laws, regulations and policies of China. Meanwhile, the Parties undertake to strictly abide by the normative documents formulated by the Ministry of Industry and Information Technology and China United Network Communications Limited. 5.2 Party B shall be responsible for providing services to Party A, and has the right to take and will take all possible and necessary measures to clean up, desensitize or otherwise dispose of relevant basic information and data. The data service provided by Party B to Party A does not involve the use and provision of any user information. 5.3 Party B is responsible for the stable operation of the precision marketing system platform and support for Party A’s business needs. 5.4 Party B shall arrange special personnel to be responsible for providing technical support and customer service or carrying out other work in respect of the cooperative business. 5.5 Party B warrants that during the term of this Contract, if the service is interrupted due to adjustment, upgrading and expansion of the system by Party B, or if the service is delayed, modified or suspended due to reasons attributable to the network, equipment or other factors, it shall notify Party A within 24 hours of awareness of such circumstances. 5.6 If Party A violates the relevant laws and regulations, Party B shall have the right to receive relevant fees or compensation in accordance with this Agreementterminate the cooperation and request Party A to bear all losses arising therefrom. 4.2 5.7 Party B shall not be responsible held liable for the design, development, production, maintenance, any data error not caused due to reasons attributable to Party B. The data and updates of the content of the “GoTone Phoenix Weekly”, “GoTone Phoenix Observer”, and “Phoenix Express”, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairs. 4.3 information provided by Party B covenants that the foregoing multimedia message products will be sold to Party A exclusivelyshall only be used as the reference for judgment of results by Party A, and Party B does not guarantee the accuracy, comprehensiveness, and decision-making supporting value of the contents of such data and information. Party B is not liable for the judgment made by Party A based on such data and information and its consequences. 5.8 After Party B has fulfilled the obligations agreed herein, any loss arising from Party A’s subsequent actions shall be deemed as normal commercial risks, for which products Party B will only provide content support, and that assume no liability. 5.9 If Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants enter the sensitive marketing period, it shall give a prior notice stating that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests of Party A’s clients, business marketing amount may be reduced or the intellectual property rights and/or other legitimate interests of any third partyservice needs to be temporarily suspended. 4.5 Party B covenants that the news contents provided to Party A by Party B are objective5.10 If a series of issues such as serious reaching rate, real, legitimate serious service complaints and valid, are from source that complies with the relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests of any third party. 4.6 Party B shall assist Party A in providing consulting services legal issues occur due to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hours. 4.7 Party B warrants that it has the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Party B will be in compliance with the relevant regulations of the state. In case of any violation of law or regulation due to any defects in Party B’s qualificationsmarketing services, Party B shall be liable for the consequences and liabilities therefor. 4.8 Party B warrants that the content of the various activities conducted on the basis of the supporting resources provided by Party B will meet the relevant content censorship requirements of the state. In case of any violation of law or regulation due to due to any resources or contents provided by Party B, Party B shall be liable for the consequences and liabilities therefor. 4.9 Party B warrants that it has obtained the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV and has have the right to sublicense to Party A suspend the right to use such trademarkservice or adjust the call and SMS display numbers or otherwise take the relevant measures. 4.10 Party B shall be responsible for the handling of all registration, filing, examination and approval procedures in connection with this Agreement and the performance hereunder.

Appears in 1 contract

Sources: Big Data Service Contract (YX Asset Recovery LTD)

Party B’s Rights and Obligations. 4.1 (i) During the course of cooperation, where Party A from time to time formulates and amends the provisions relating to the administration of various businesses, cooperation, credit score, customer service, examination and appraisal and information service business specifications (for details, please refer to the contents published in the management system of Party A) for the game business, these provisions shall be supplemented as schedules attached to this Agreement. Party B confirms and undertakes to provide the game services as required above. (ii) Party B undertakes that it possesses all qualifications necessary to perform this Agreement. Party B shall be responsible for matter that arises from its qualification, and indemnify Party A against any losses incurred thereby. Party B must provide Party A with true and valid certificates and licenses, such as business license, organization code certificate, tax registration certificate, bank account opening permit, etc., credit certificate, source of information, bank account and other materials in relation to the normal operations, and guarantee that the price charged for the information services it provides is in compliance with the relevant provisions of the national pricing department. If Party B provides online game business, it must also provide the true and valid licenses, such as the telecommunications value-added business license and the telecommunications and information service business license. Party B shall be liable for all losses incurred by Party A due to the validity of the aforementioned materials. (iii) Party B must comply with the relevant national laws, regulations, decrees and policies in relation to telecommunications and internet information services. Party B guarantees that all content of the information provided is consistent with the relevant national laws, regulations and policies, and will not impair any third party’s legal interests and the public social interests. No illegal information will be disseminated through Party A’s system, in breach of which Party B shall assume all consequences arising therefrom. Party B must be responsible for screening of the content of information provided by customers (such as chat-room data) and eradicating all unhealthy and illegal information. For any complaints arising therefrom, Party B shall be responsible to handle such complaints and assume all economic and legal liabilities. If for this reason, Party A suffers any economic losses or goodwill damages, it shall be entitled to seek indemnification from Party B. (iv) Party B must ensure that the it provides a lawful game business, and possesses all necessary government permits, production and/or use permits and/or authorization to provide such business, the contents of which are originated from resource that are legal and non-infringing, and do not misappropriate the copyright of any third party without the owner’s consent or any other legal rights. Where any complaint, litigation or recourse is brought by any third party against Party A relating to Party B’s game business, Party A shall be entitled to temporarily suspend those businesses that involve disputes on infringement and refer such disputes to Party B. Party B must promptly contact the complaining party or take recourse on resolving the disputes, in addition to assuming all legal and economic liabilities. If for this reason, Party A suffers any economic losses or goodwill damages, it shall be entitled to seek indemnification from Party B. (v) During the course of cooperation, Party B shall not through various channels, without Party A’s prior written consent, use Party A’s mobile data application business, to associate with any third party whether in a disguise manner at all business levels. (vi) Party B shall cooperate with Party A on the testing of interface and ensure that services are provided in accordance with Party A’s business standards and interface technological specifications. (vii) Party B must clearly and unambiguously submit all materials in relation to the business it provides and with this regard, assume all the economic and legal responsibilities. (viii) Party B must ensure that it will, on a daily basis log onto the management system designated by Party A to check various notices, announcements and other information published by Party A and promptly take corresponding actions. Party B shall be held liable for losses arising from Party B’s failure to check the information published in the system. (ix) Under Party A’s supervision, Party B shall be entitled to determine whether to charge a fee for the business it provides as well as the fee standard. The fee standard for a single game business shall not be higher than that is provided in Party A’s administrative measures regarding game business. (x) Party B shall observe Party A’s administrative measures regarding game business, standards and documents relating to customer service, and accept Party A’s examination and supervision. Irrespective of the reason Party B decides to withdraw from providing game services (including mandatory withdrawal as a result of appraisal fitness), Party B shall have the right responsibility to provide a one-month withdrawal grace period, during which Party B shall continue providing services to the customers, and make an announcement, by sending short messages free of charge at a notable place in its website (WAP/WWW) or from other channels with influence and notify the registered customers that it will stop providing the game services. After the termination of cooperation, Party B shall actively cooperate with China Mobile to continue providing the relevant customer services, and Party B shall remain obliged to assume all relevant liabilities arising from its own acts during the course of cooperation. (xi) Party B shall ensure 7 x 24 hours accessibility to customer service and must establish a valid and non-obstructive complaint channel, so as to resolve as well as properly deal with various customer inquiries and complaints arising from business not related to the network communications problems. If Party A receives customer complaints in relation to the above, Party B shall be responsible to provide a preliminary response to Party A’s customer service department within two hours, and to find out the reason behind within one working day, before discontinuing disseminating the information that violates the laws and regulations. For customer complaints which both Party A and Party B may not able to provide a reasonable explanation, Party B shall be responsible to finally resolve the customer complaint in a proper way. (xii) Party B shall receive relevant the information service fees paid by customers. If, any customer refuses to pay the information service fees or compensation if, Party A has to make a refund of the same amount to the customer, due to the standards of quality associated with Party B’s services or based on the grounds that such amount of information service fees is higher than the standardized charged provided by the pricing department, Party A shall deduct the same amount from the information service fees to be collected from Party B. If there is insufficient amount for such deduction, Party B shall make a payment to Party A of the insufficient portion. (xiii) Party B shall, under Party A’s permission and its uniform arrangements, actively carry out marketing and customer promotion activities. The contents of Party B’s promotion and advertisements shall be marked with the brand “China Mobile Game” and UI standards in accordance with Party A’s requirements. Party B shall be liable for all the losses (including but not limited to judiciary and administrative penalties, civil compensations, etc.) incurred by Party A due to its unauthorized marketing and customer promotion activities without Party A’s permission. (xiv) Party B assures that it has the legal ownership of any cooperative products and other relevant contents provided to Party A during the course of cooperation or the legal authorization to permit Party A to use such cooperative products and other relevant contents in accordance with this Agreement, and assures that the cooperative products and other relevant contents do not infringe the legal interests of any third party (including but not limited to the copyright, right of reputation, right of portraiture, etc.), do not involve any copyright disputes, nor violate any laws and regulations, and give valid authorization for Party A to disseminate through the information network. 4.2 (xv) If any third party files any litigation or applies for arbitration on the grounds that Party B has no disposal right in relation to any cooperative products or other relevant contents or that Party B has made a defective authorization, Party A shall be entitled to, depending on the situations, take the following remedial measures jointly or severally. 1. Suspend the distribution of the distributable proceeds under this Agreement with Party B within the limit of claims made by the third party; 2. Require Party B to properly resolve the dispute at its own expense, and Party B shall, in accordance with Party A’s direction and at its own expense, apply to dispute resolution authorities as a third party to participate in the dispute resolution; 3. Partially and wholly terminate this Agreement. If Party A even after taking the above measures, cannot avoid losses from happening, then at Party A’s request, Party B shall be obliged to promptly and fully indemnify and hold harmless of Party A against all losses suffered by Party A (including but not limited to any prepayment made by Party A to Party B and/or all economic losses incurred during the course of business suspension, as well as reasonable legal fees, litigation or arbitration fees paid by Party A to resolve the disputes). (xvi) In the event that Party B has no qualifications for operating internet business, during the course of cooperation, Party B shall not provide the route to business use for customers through internet in any form (including but not limited to service order and service on demand). Party B shall not promote the cooperative business on websites that have not been granted the license for operation of telecommunications and information service business. If Party B breaches any of the above provisions during the course of cooperation, Party B shall be held responsible. (xvii) Party B shall be responsible for formulating a well-established internal management procedures and system, strengthening the administration of authority in relation to internal information dissemination functions, and ensuring that the contents of the business provided to Party A’s customers are in compliance with laws. Party B shall be responsible in conveying to its staff the national and the telecommunications authority’s laws and regulations on the use of internet; establishing and perfecting the archives of the users, strengthening the administration and education of the users; and perfecting the administrative measures on network security and confidentiality, failing which Party A shall be entitled to terminate the cooperation with Party B. (xviii) Party B shall be responsible for the design, development, production, maintenance, security of its system and updates regularly examine the conditions of the content security of its system. When carrying out the business, Party B shall not initiate any form of attack to the mobile network. For any attack that arises from Party B, Party A will notify Party B to make rectification within a time limit. If Party B fails to rectified as required in a timely manner, Party A shall have right to take appropriate measures to avoid deterioration of the “GoTone Phoenix Weekly”security issue. For lawful benefits of the customers, “GoTone Phoenix Observer”Party A has the right, and “Phoenix Express”at emergency, and take the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairsrelevant measures without prior notice to the customers. 4.3 (xix) Party B covenants that shall actively cooperate with the foregoing multimedia message products will be sold national competent authority and China Mobile on pursuing issues on network security and to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests of Party A’s clients, or the intellectual property rights and/or other legitimate interests of any third party. 4.5 Party B covenants that the news contents provided to Party A by Party B are objective, real, legitimate and valid, are from source that complies them with the relevant news censorship policieslegal information. Party B undertakes that it will comply with the provisions set out in the Undertaking Letter on Information Security Responsibility (as attached hereto), and will not infringe on engage in any activities that jeopardizes the intellectual property rights and/or other legitimate interests national security, or involve pornography and superstitious elements, or violate the laws and regulations during the course of any third party. 4.6 Party B shall assist Party A in providing consulting services cooperation, so as to Party A’s clients and in handling and resolving their complaintsensure information security. With respect to complaints arising out of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hours. 4.7 Party B warrants that it has the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Party B will be in compliance with the relevant regulations of the state. In case of any violation of law or regulation due to any defects in Party B’s qualifications, Party B shall be liable for the consequences and liabilities therefor. 4.8 Party B warrants that the content of the various activities conducted on the basis of the supporting resources provided economic losses suffered by Party B will meet A or the relevant content censorship requirements of the state. In case of any violation of law or regulation due to due to any resources or contents provided by Party B, Party B shall be liable for the consequences and liabilities therefor. 4.9 Party B warrants that it has obtained the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV and has the right to sublicense negative impact caused to Party A due to the right to use such trademarkprovision of the above information. 4.10 Party B shall be responsible for the handling of all registration, filing, examination and approval procedures in connection with this Agreement and the performance hereunder.

Appears in 1 contract

Sources: Cooperation Agreement (China Mobile Games & Entertainment Group LTD)

Party B’s Rights and Obligations. 4.1 1. Relevant services provided by Party B shall have the right to receive relevant fees or compensation in accordance comply with this Agreementnational and industrial standards. 4.2 2. Party B is qualified for carrying out relevant products, including but not limited to workplace, staff, qualification (including qualifications of any third party cooperating with Party B through a contract), any fees incurred shall be at Party B’s cost. 3. When providing medical service, Party B shall point out the items provided to customers and get their consent. 4. Party B has the obligations of keeping the materials, information and other data provided by Party A for the purpose specified therein confidential. Without the permission of Party A, Party B and Party B’s staff are not allowed to disclose Party A’s business secret they get to know during cooperation to any third party, nor can Party B and Party B’s staff be allowed to disclose any of Party A’s customer information, data and other relevant information they get to know during the working process to any third party. 5. Party B shall provide Party A with its valid business license and relevant qualifications prior to signing of the contract and Party B shall be responsible for the design, development, production, maintenance, authenticity and updates validity of the content of the “GoTone Phoenix Weekly”, “GoTone Phoenix Observer”, and “Phoenix Express”, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairssaid documentary evidences. 4.3 Party B covenants that the foregoing multimedia message products will be sold to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests of Party A’s clients, or the intellectual property rights and/or other legitimate interests of any third party. 4.5 Party B covenants that the news contents provided to Party A by Party B are objective, real, legitimate and valid, are from source that complies with the relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests of any third party. 4.6 6. Party B shall assist Party A in providing consulting reasonably plan the consumption schedule of items for customers and conduct follow-up services before and after treatment to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hoursensure service quality. 4.7 7. If there is a dispute between Party B warrants that it has the relevant qualifications or authorization or permit required and customers due to provide internet news information services and that the news information services poor service quality provided by Party B will be in compliance with the relevant regulations or damage caused by provision of the state. In case of any violation of law service, or regulation due other causes attributive to any defects in Party B’s qualifications, Party B shall be liable for the consequences and liabilities therefor. 4.8 Party B warrants that the content of the various activities conducted on the basis of the supporting resources provided by Party B will meet the relevant content censorship requirements of the state. In case of any violation of law or regulation due to due to any resources or contents provided by Party B, Party B shall be liable responsible for resolution on its own. There is a possible medical behavior in the consequences service provided by Party B. Considering the medical behavior has high professionality and liabilities therefor. 4.9 is required national qualification, any problems arising from the medical behavior are the responsibility of Party B warrants and have nothing to do with Party A. 8. If it is discovered by Party B that it has obtained there is a possible major hidden danger in the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV and has the right to sublicense to Party A the right to use such trademark. 4.10 products or service during cooperation, Party B shall be responsible for inform Party A in writing in time and property handle the handling of all registration, filing, examination and approval procedures in connection with this Agreement and the performance hereunderentrustment task to avoid a hidden danger.

Appears in 1 contract

Sources: Sales Agency Agreement (Longduoduo Co LTD)

Party B’s Rights and Obligations. 4.1 3.2.1 Party B is entitled to use the Platform to publish its own information and introduce the available services, subject to the compliance with this Contract and the platform rules and prior approval by Party A. 3.2.2 In case Party B provides Driver Users with the consulting services conforming to the provisions of the Driver User Consulting Service Standards and satisfies the conditions provided in the Driver Service Company Incentive Rules and other Platform Rules, Party B is entitled to the service fees. 3.2.3 Party B shall have guarantee the right authenticity, legality, completeness, accuracy and validity of any data and information provided by it to receive relevant fees or compensation Party A, and guarantee that such data and information are in accordance compliance with this Agreement. 4.2 Party B Contract and the Platform Rules during the Period of Cooperation; and shall be responsible for guarantee the design, development, production, maintenance, validity and updates security of the content of the “GoTone Phoenix Weekly”email address, “GoTone Phoenix Observer”telephone number, and “Phoenix Express”address, postal code, etc., provided by it to Party A, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairs. 4.3 successful contact by Party A or Driver Users with Party B covenants that through the foregoing multimedia message products will be sold to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests of Party A’s clients, or the intellectual property rights and/or other legitimate interests of any third party. 4.5 Party B covenants that the news contents provided to Party A by Party B are objective, real, legitimate and valid, are from source that complies with the relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests of any third party. 4.6 Party B shall assist Party A in providing consulting services to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hours. 4.7 Party B warrants that it has the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Party B will be in compliance with the relevant regulations of the stateaforementioned contact information. In case of any violation of law such data or regulation due to any defects in Party B’s qualificationsinformation or contact information is changed or invalid, Party B shall be liable for notify Party A of the consequences and liabilities thereforchanged information or the invalidity at least 3 working days in advance. 4.8 3.2.4 In the event of any complaint from any passenger, or any traffic accident, or the receipt of any complaint or report for Party B warrants that B’s violation of this Contract or the content Platform Rules by Party A during the provision of the various activities conducted online ride-hailing services on the basis of the supporting resources provided Didi Chuxing Platform by Party B will meet the relevant content censorship requirements of the state. In case of any violation of law or regulation due to due to any resources or contents provided Driver User served by Party B, Party B shall be liable for use its best efforts to cooperate with Party A in the consequences investigation and liabilities thereforevidence collection and assist Party A in handling related matters. 4.9 Party B warrants that it has obtained the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV and has the right to sublicense to Party A the right to use such trademark. 4.10 3.2.5 Party B shall be responsible for establish consulting service relationships with Driver Users through the handling Platform, and enter into agreements with Driver Users by using the Consulting Service Agreement template provided by Party A, and exercise respective rights and fulfill respective obligations in accordance with such agreements. 3.2.6 Party B shall provide Party A with one original copy of all registration, filing, examination and approval procedures in connection with this the Consulting Service Agreement executed by Party B and the performance hereunderDriver User as required by Party A, and shall upload the scanned copy of such agreement to the Platform within 1 working day after the execution of such agreement. Safeguarded April 10, 2019 3.2.7 Party B undertakes to provide for free Driver Users with the following consulting services, which shall comply with the requirements of the Platform Rules such as the Driver User Consulting Service Standards: 3.2.7.1 Assisting Driver Users to understand the local laws on online ride-hailing and help Driver Users to judge whether they comply with relevant legal provisions, so as to avoid the losses caused by any violation of the law; 3.2.7.2 Assisting and guiding Driver Users in the completion of the registration and supplement of their information on the Platform and the Didi Chuxing Platform, and ensuring the authenticity of the information entered; 3.2.7.3 Providing Driver Users with relevant training services (including but not limited to trainings and education of Platform Rules, Didi Chuxing Platform Rules, laws, ethics, service standards, safe operation); 3.2.7.4 Providing Driver Users with business support (replying to Driver Users’ questions or complaints, etc.); 3.2.7.5 Assisting Driver Users in handling the emergencies arising from the online ride-hailing services; 3.2.7.6 Other services specified in the Platform Rules such as the Driver User Consulting Service Standards.

Appears in 1 contract

Sources: Consulting Service Contract (To Prosperity Technology Inc)

Party B’s Rights and Obligations. 4.1 Party B shall perform collection and payment agency services for Party A in accordance with the provisions of this Agreement, and shall be responsible to offer to Party B the technical support required for such collection and payment agency services hereunder. 4.2 Party B shall promptly record the result of any collection or payment agency service in its system, upon completion of such service. 4.3 Party B shall not be held liable for any failure or error in collecting or paying any amount on behalf of Party A for any reason not attributable to Party B. 4.4 Party B shall have the right to receive examine whether Party A’s instruction is complete and correctly written, and where Party A’s instruction does not satisfy Party B’s relevant fees rules or compensation in accordance comply with this Agreement. 4.2 laws, regulations and regulatory requirements, or is incomplete or inaccurate, Party B shall be responsible for have the design, development, production, maintenance, and updates of the content of the “GoTone Phoenix Weekly”, “GoTone Phoenix Observer”, and “Phoenix Express”, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairs. 4.3 Party B covenants that the foregoing multimedia message products will be sold right to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell reject such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests of Party A’s clients, or the intellectual property rights and/or other legitimate interests of any third partyinstruction. 4.5 Party B covenants that shall have the news contents provided right to Party A monitor and control risk exposure of transaction fund by Party B are objective, real, legitimate and valid, are from source that complies with the limiting transaction quota and/or number of transactions based on requirements of relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests of any third partyregulatory authority or business administration. 4.6 Party B shall assist have the right to suspend collection and/or payment agency services based on its need of system upgrade, provided that Party A in providing consulting services B shall give a prior notice to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out , by means of causes attributable to Party Btelephone, it shall handle and resolve the same within forty-eight (48) hoursshort message or email. 4.7 Party B warrants that it has shall have the relevant qualifications or authorization or permit required right to provide internet news information services examine Party A’s eligibility as an entity, credit status, status of operation etc., in various manners and that the news information services provided by from time to time, and Party A shall furnish Party B will be with requested information, written description and/or other relevant documents to cooperate with Party B in compliance with the relevant regulations its examination. 4.8 Where any complaint arises from any deduction by mistake of the state. In case an amount from any client account for collection or any delay of any violation of law or regulation due payment to any defects in Party B’s qualificationsa client account for payment, Party B shall be liable for the consequences and liabilities therefor. 4.8 inform relevant client of Party B warrants that the content of the various activities conducted on the basis of the supporting resources provided by Party B will meet the A’s relevant content censorship requirements of the stateinstruction. In case of any violation of law or regulation due to due to any resources or contents provided by Party BHowever, Party B shall be liable for have no obligation to resolve any such dispute with any client, except in connection with any service performed in the consequences and liabilities therefor. 4.9 manner of authorization by Party B warrants that it has obtained the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV and has the right to sublicense to A. Party A the right to use such trademark. 4.10 Party B shall be responsible for the handling of all registrationto resolve any dispute with client and explain to such client, filing, examination and approval procedures in connection with this Agreement and the performance hereundershall assume relevant liabilities.

Appears in 1 contract

Sources: Collection and Payment Agency Business Cooperation Agreement (Qudian Inc.)

Party B’s Rights and Obligations. 4.1 1. Party B promises to complete the delivery of phone bills in accordance with Party A’s requirements on time, but if the delivery of phone bills fails due to Party A’s designated users not meeting the delivery constraints such as abnormal status, mutual exclusion of subscribed packages and other force majeure, Party B shall return the results of phone bills delivery to Party A immediately. 2. Party B shall provide Party A with technical documents and technical support necessary for business connection, and cooperate with Party A in the corresponding development and testing work. Party B guarantees that the services it provides will not affect the normal and stable operation of Party A’s products. 3. Party B arranges special personnel to interface with Party A to ensure that Party A can confirm and verify business bills and inquire about the delivery of phone bills and Party A’s account balance. If Party A raises objection, Party B will be responsible for explaining and verifying the data in accordance with the agreement between the two parties on data verification. Party B undertakes to use the information of Party A’s designated users (including but not limited to user names, contact numbers, etc.) within the scope of this agreement and shall not provide any third party with the information of Party A’s designated users. 5. During the cooperation period, Party A shall not affect the operator or Party B’s brand image during the implementation of its marketing promotion plan; shall not violate the principles stipulated in this Agreement. Party B has the right to control Party A’s violation. 6. If Party B suffers losses due to Party A, Party A shall bear full responsibility for compensation and Party B shall have the right to receive relevant fees or compensation in accordance with this Agreementdeduct Party B’s losses from Party A’s advance payment on a priority basis; for any shortfall, Party B reserves the right to make further recovery. 4.2 7. Party B shall notify Party A in advance if it affects or may affect the users’ use of the general tariff service due to foreseeable reasons such as relevant network, equipment debugging and maintenance. 8. Party B is obliged to cooperate with Party A to verify the arrival of phone bills within the month of phone bill recharge. According to the inquiry rules of the operator’s website, Party A needs to make a request for verification of arrival within the month of recharge. If the request is made at a time other than the month of recharge, Party B has the right to reject Party A’s request according to the operator’s inquiry rules. 9. Party B is obliged to ensure that the platform will automatically retry once in case of order callback timeout or exception. If the callback is not successfully received for a long time, please consult customer service or log in to the client within 6 hours of the order occurrence for self-help inquiry. If the order is still not clear, please confirm manually within 24 hours, and Party A shall be responsible for any loss caused by not confirming manually within the design, development, production, maintenance, and updates of the content of the “GoTone Phoenix Weekly”, “GoTone Phoenix Observer”, and “Phoenix Express”, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairsspecified time. 4.3 Party B covenants that the foregoing multimedia message products will be sold to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests of Party A’s clients, or the intellectual property rights and/or other legitimate interests of any third party. 4.5 Party B covenants that the news contents provided to Party A by Party B are objective, real, legitimate and valid, are from source that complies with the relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests of any third party. 4.6 Party B shall assist Party A in providing consulting services to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hours. 4.7 Party B warrants that it has the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Party B will be in compliance with the relevant regulations of the state. In case of any violation of law or regulation due to any defects in Party B’s qualifications, Party B shall be liable for the consequences and liabilities therefor. 4.8 Party B warrants that the content of the various activities conducted on the basis of the supporting resources provided by Party B will meet the relevant content censorship requirements of the state. In case of any violation of law or regulation due to due to any resources or contents provided by Party B, Party B shall be liable for the consequences and liabilities therefor. 4.9 Party B warrants that it has obtained the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV and has the right to sublicense to Party A the right to use such trademark. 4.10 Party B shall be responsible for the handling of all registration, filing, examination and approval procedures in connection with this Agreement and the performance hereunder.

Appears in 1 contract

Sources: Mobile Advertisement Business Cooperation Agreement (Lemeng Holdings LTD)

Party B’s Rights and Obligations. 4.1 1. Party B shall have the right to receive relevant fees or compensation use the working space provided by Party A according to the contract. Party A shall share the public area in accordance the working space with this AgreementParty B, provide necessary services for Party B and assist Party B to create a better working environment. Party B shall abide by the Entry Rules formulated by Party A and jointly maintain a good working environment. 4.2 2. The working space shall only be used for work purposes, and Party B shall be responsible for engaged in legal and compliant business activities within its business scope. Without the design, development, production, maintenance, and updates of the content of the “GoTone Phoenix Weekly”, “GoTone Phoenix Observer”, and “Phoenix Express”, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairs. 4.3 Party B covenants that the foregoing multimedia message products will be sold to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests written consent of Party A’s clients, Party B shall not advertise in the working space or in the intellectual property Center. 3. Without Party A's prior written consent, Party B shall not transfer any of its rights and/or other legitimate interests of and obligations under this contract to any third party. 4.5 4. Party B covenants that the news contents promises and guarantees that: The information provided to Party A by is true and accurate, and Party B are objectivetogether with any of its members must abide by the Entry Rules of Party A, realso as to avoid personal and property interference, legitimate damage and valid, are from source that complies with the relevant news censorship policies, and will not infringe on the intellectual property rights and/or other legitimate interests of danger to Party A or any third party. 4.6 ; Party B will not carry out business activities with retail characteristics, requiring frequent visiting or accepting a large numbers of visitors in the working space or any area of the Center (including but not limited to business activities with high market risk such as financial management, education, retail, insurance, medical clinic, training and P2P), and shall assist Party A in providing consulting services not copy the keys, access control and any articles and software that can be used to Party A’s clients and in handling and resolving their complaints. With respect to complaints arising out enter the office area of causes attributable to Party B, it shall handle and resolve the same within forty-eight (48) hours. 4.7 Party B warrants that it has the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Center; Party B will be fully liable for any damage to Party A or any third party caused by Party B's members or associated visitors' violation of laws, provisions of this contract or Entry Rules. 5. Party B shall not be engaged in compliance business activities competing with the relevant regulations "service office", "shared office" or its affiliated lease provided by Party A. If Party B violates this article, Party A shall have the right to terminate this contract and require Party B to bear the liability for breach of contract. 6. With the prior written consent of Party A, Party B may take the address provided by Party A as the registered address. If Party B takes the address provided by Party A as the registered address or changes its existing registered address to the address provided by Party A after obtaining the written consent of Party A, before the date of termination of the statecontract, Party B shall go through the formalities of address cancellation or change with the local competent authority (including but not limited to the local administrative department for industry and commerce), and provide the original of the changed business license to Party A for review and verification. If Party B fails to complete the formalities of address cancellation or change and provide the original of the changed business license to Party A for review and verification before the date of termination of the contract, Party B shall pay liquidated damages twice the daily rent of the working space to Party A until the cancellation or change formalities are completed, and Party A shall have the right to take legal measures to cancel the registered address occupied by Party B. In case of any addition, Party A shall have the right to deduct the above liquidated damages and handling fees from Party B's lease deposit or collect them from Party B separately. If the above liquidated damages and fees are insufficient to compensate Party A’s losses due to Party B's violation of law the above provisions, Party A shall have the right to require Party B to pay the insufficient part. 7. Party B shall not change any main structure and decoration layout in the working space, and must properly protect and use all property in the Center, including but not limited to the facilities, equipment, devices, furniture, and property in the public area of the Center available for use by Party B. Without the consent of Party A, Party B shall not install cables and wires, information technology equipment or regulation due telecommunication equipment, and Party A shall have the right to any defects in refuse such installation. With the consent of installation of Party B’s qualificationsA, Party B shall allow Party A to supervise the installation (for example, information technology equipment or power system) to ensure that such installation will not affect the use of the Center and the building where the Center is located by Party A, other customers or the owner. 8. Party B shall be liable for any personal and property damage caused by Party B or other personnel that enter the consequences Center with the express or implied invitation or permission of Party B (including but not limited to all employees of Party B, contractors, agents or other persons present at the site). Party A may refuse minors to enter the working space. If Party B and its members bring minors into the working space in violation of this article, Party B shall bear the responsibilities for personal damage to the minors or losses to Party A or any third party. 9. Party B shall continuously insure against property risks and public liability for Party B itself, Party B's employees and its visitors in the form and amount suitable for Party B's business during the lease term, and the insurance shall cover the personal and property loss, harm or damage to Party B, Party B's employees and its visitors. Party B shall ensure that Party A is listed as the joint beneficiary in all such insurance policies, and Party B shall waive the right of subrogation against Party A and the owner of the working space. At the request of Party A, Party B shall provide insurance certificate. Party B shall bear all losses and liabilities thereforarising from Party B's failure to purchase the above insurance or the insured amount is insufficient to make up. 4.8 10. Party B warrants shall abide by relevant laws and regulations in operation and shall not be engaged in any illegal act in the Center. Party B shall not have any behavior that the content affects Party A or others' use of the various activities conducted on Center, cause any intrusion or obstruction, increase the insurance premium to be borne by Party A, or cause loss or damage to Party A or any obligee of the building where the Center is located (including damage to goodwill and reputation). Party B confirms that: The foregoing terms are the basis for Party A to sign this contract. Any violation of the supporting resources provided foregoing terms by Party B will meet result in material breach of this contract. Party A shall have the relevant content censorship requirements of right to unilaterally terminate this contract, confiscate the statelease deposit, and require Party B to compensate for corresponding losses. 11. Party B and its members, agents, contractors, visitors, etc. shall abide by the local regulations on smoking control in public places. 12. In case of any violation of law or regulation due to due to any resources or contents provided by Party Bviolation, Party B A or the property management company shall be liable for have the consequences right to collect evidence by taking photos, videos and liabilities therefor. 4.9 other means, and have the right to require Party B warrants that to correct it. If Party B refuses to correct, it has obtained the use right and other relevant rights will be handed over to the relevant trademark of Phoenix Satellite TV functional departments for handling, and has Party A shall have the right to sublicense to Party A the right to use such trademark. 4.10 require Party B shall be responsible to compensate for the handling of all registration, filing, examination and approval procedures in connection with this Agreement and the performance hereunderlosses.

Appears in 1 contract

Sources: Office Lease Contract (AgiiPlus Inc.)

Party B’s Rights and Obligations. 4.1 Party B shall have the right to receive relevant fees or compensation in accordance with this Agreement. 4.2 3.2.1 Party B shall be responsible for the designfee calculation, developmentproduct operation, production, maintenancetechnical maintenance as well as customer service for the Cooperation Products. 3.2.2 Party B shall ensure that the Cooperation Products have the fee charging function that allows charging fees to the ultimate users. 3.2.3 Party B shall ensure that no dispute exists for the fee information of the Cooperation Products. Party B shall be solely responsible for the complaints arising therefrom. 3.2.4 Party B shall be responsible for providing comprehensive fee charging support for the Cooperation Products, and updates ensuring that it has legal cooperative relationships with the payment channel parties for such fees. 3.2.5 Party B shall provide Party A with the statistical platform data free of charge in order to provide the activation amount of Cooperation Products, which can be used for account checking by both parties. Based on the statistical platform data, Party B shall timely make settlement with Party A in such a manner as agreed by both parties. 3.2.6 Party B warrants that the contents of the content of the “GoTone Phoenix Weekly”Cooperation Products provided by it are healthy and legal, “GoTone Phoenix Observer”, and “Phoenix Express”, and the foregoing multimedia message products shall contain contents that cover current affairs, finance, entertainments, sports, culture, science and technology, fashion, and military affairs. 4.3 Party B covenants that the foregoing multimedia message products will be sold to Party A exclusively, for which products Party B will only provide content support, and that Party B will not sell such multimedia message products to or in collaboration with any third party other than Party A. 4.4 Party B covenants that the multimedia message products and contents thereof sold, and the relevant information and services provided, to Party A by Party B will not violate any relevant laws or regulations of the state, the interests of Party A’s clients, or the intellectual property rights and/or other legitimate interests of any third party. 4.5 Party B covenants that the news contents provided to Party A by Party B are objective, real, legitimate and valid, are from source that complies with the relevant news censorship policies, and will do not infringe on the intellectual property rights and/or other legitimate interests of any third party.others, are not subject to intellectual property disputes, and do not violate laws and relevant management systems. Otherwise, all liabilities arising therefrom shall be borne by Party B. 4.6 3.2.7 Party B shall assist Party A in providing consulting services undertakes that after the Cooperation Products are put into operation, it will make reasonable and necessary modifications and adjustments to the Cooperation Products according to Party A’s clients and in handling and resolving their complaintscustomers’ feedback after reaching agreement with Party A so as to further facilitate the sales through Party A’s channels. With respect to complaints arising out of causes attributable to Party B, it B shall handle and resolve the same within forty-eight (48) hoursbear liabilities for any intellectual property disputes incurred or losses caused by such modifications or adjustments. 4.7 3.2.8 If Party B warrants that it has A promotes the relevant qualifications or authorization or permit required to provide internet news information services and that the news information services provided by Party B will be in compliance with the relevant regulations of the state. In case of any violation of law or regulation due to any defects in Cooperation Products among its clients without Party B’s qualificationsprior consent, Party B shall be liable for the consequences and liabilities therefor. 4.8 Party B warrants that the content of the various activities conducted on the basis of the supporting resources provided by Party B will meet the relevant content censorship requirements of the state. In case of any violation of law or regulation due to due to any resources or contents provided by Party B, Party B shall be liable for the consequences and liabilities therefor. 4.9 Party B warrants that it has obtained the use right and other relevant rights to the relevant trademark of Phoenix Satellite TV and has the right not to sublicense to make settlement with Party A the right to use such trademark. 4.10 Party B shall be responsible for the handling of all registration, filing, examination and approval procedures in connection with this Agreement and the performance hereunder.A.

Appears in 1 contract

Sources: Technological Cooperation Agreement (China Mobile Games & Entertainment Group LTD)