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EXHIBIT 10.39
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Hairong Information System Ltd.
The Agreement of Cooperation in Website Information Service
Party A: Beijing Hairong Information System Ltd.
Address: Zhuzong 0, Xxxxxxx Xxxx Xx, Xxxxxxxx, Xxxxxxx
Tel.: 000-00000000-00
Fax : 000-00000000
Website: xxx.000.xxx.xx
Party B: MyWeb Network System (Beijing) Co Ltd
Address:
Tel.:
Fax.:
Website:
Both parties shall work together with [***], in developing strategies, shall
follow the terms stated below:-
I. Duties and Obligations
1. Both parties to cooperate on the exchange of information within the
authorized boundaries of information resources.
2. When using information provided by Party B, Party A should plan a
remark that the information provider is "_____", indicating its name on
important webpages and establishing hyperlink with Party B.
3. When using information provided by Party A, Party B should place a
remark that the information provider is Hairong Information System Ltd,
indicating its name on important webpages and establishing hyperlink
with Party A.
4. Both parties are responsible to guarantee the well-balanced renewal of
information and the functionality of its websites.
5. Both parties have the copyright to its own information and are
responsible for the accuracy and legality of its own information.
6. Both parties promise to provide an extensive proportional platform
including hyperlinks, advertisements etc, for the purpose of promoting
the other parties website. At the same time, both parties can develop
extensive cooperation in various aspects such as news broadcast,
channels collaboration and marketing activities so as to establish a
strategic partnership.
II Commercial Secrecy
1. Both parties are responsible to maintain secrecy/confidentiality in
respect of the other party's commercial secrets that are obtained
through work connected and other channels. No secrets can be revealed
to third party unless with the prior written approval from the other
party.
2. Other than the working needs as defined under this agreement, no use or
copy of trademarks, brands, commercial information, technology and
other materials of the other party can be presumed without the prior
approval of the other party.
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[***] Portions of this page have been omitted pursuant to a request for
Confidential Treatment and filed separately with the Commission.
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III. Announcements
1. Both parties hereby confirm that this agreement shall not result in an
employment relationship but a cooperation partnership.
2. Both parties may make modifications related to format/layout and
necessary annotations and other workings to any part of the
information, according to the general style and channel needs of it's
own websites without charging the contents of the data.
3. Both parties shall not offer in any form, the information provided by
the other party, to a third party.
IV. Termination of the Agreement
This agreement may be terminated pursuant to any of the following reasons:
1. This agreement will be terminated upon expiration.
2. If one party violates the terms and conditions of this agreement, the
other party can terminate this agreement at any time with a written
document to inform the party which violated the terms, of the
termination.
3. If one party violates clause IV, the other party is entitled to
terminate the execution of this agreement and to claim all legal
responsibilities from the violating party.
4. This agreement may be terminated in the event of bilateral approval. If
any party wishes to end this agreement without any reason concerning
the other party, the first party should notify the other party one
month in advance.
V. Agreement Term
1. The cooperation term is 1 year with effect from the date of signing by
both parties.
2. At the end of the term of this agreement, both parties may renegotiate
further cooperation conditions and terms.
VI. Other Items
1. This agreement will be in used together with the channel cooperation
agreement.
2. The agreement has two copies. Each party has a copy of the same
agreement of which both are equally legal and valid.
Party A: Beijing Hairong Information. Party B: MyWeb Network Systems
System Ltd (Beijing) Co LTd
Signed/Co Stamp Signed/Co Stamp
Authorised Signatory Authorised Signatory
20 October 1999 20 October 1999