Licensing Trade Mark Contract
Exhibit 10.30
Licensing Trade Xxxx Contract
This contract is signed between the following Parties:
Licensor: (Party A) Shandong Shan Jiu Xxxxx Xxxx Gong Yi Pin Co. Ltd
Licensee: (Party B) Shandong Longkong Travel Development Co., Ltd
In the Place of: Yishui County, Shandong Province
In accordance with the Trade Xxxx Xxxx and the Rules of Using of Trade Xxxx of PRC, the both parties reach this Authorized Using of Registered Trade Xxxx through friendly consultations:
Article 1: Describing of the Trade Xxxx
Trade Xxxx Xxxxxx
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Name of the Trade Xxxx
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Registration No.
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Registration Type
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Items of Using the Trade Xxxx
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Valid Period
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Shandong Shan Jiu Xxxxx Xxxx Gong Yi Pin Co. Ltd
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Great Canyon
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3256270
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Type 39
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Travel agents (non-including hotel reservation); Sight seeing tourism; travel schedule; storage lease; car rental; yacht transportation; Passenger transfer; luggage carrying; Travel accompany.
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28-2-2004 to
27-2-2014
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Party A hereby grants Party B that the Trade Xxxx shall be solely used in connection with the manufacture, sales of the article of: Tourism
Article 2: Authorization and Territory
2.1 Type of using the Trade Xxxx: Solely privilege of utilizing the Trade Xxxx.
2.2 The License hereby granted extends only to: China
Article 3: Term
The term of the license hereby granted: Permanent using period of the Trade Xxxx. And Party A shall ensure that the validation of the Trade Xxxx would be renewed time to time.
Article 4: The Amount, Computation and Payment of the Royalty
Party B has the right to use the Trade Xxxx free of charge.
Article 5: Warranties for Quality of the Merchandise
5.1 Party A's warranties for quality of the merchandise
5.1.1 Party A has the right to examine or selectively examine the Party B's products labeled with above Trade Xxxx. If any un-qualified product is discovered, Party A has the right to require Party B to call back the product, and remove the Trade Xxxx label to dispose it in a method of discounting or destroying. The quality standard which Party A based on during the examination: State or Business Association Standard
5.1.2 Party A shall cooperate with Party B to strike passing of Trade Xxxx from any third party, the costs shall be on Party B's shoulders.
5.2 Party B's warranties for quality of the merchandise
5.2.1 Party B shall voluntarily accept and cooperate with Party A on above products examination and disposal activities from Party A.
5.2.2 As required by fact, Party may require party A to provide a tech-instruction or assistance for image designation free of charge.
Article 6: Other Provisions
6.1 Party B has right to manage its own production, managing, sales, bear the business operation risk, responsibility for one's own profit and loss. Party A has no right to disturb Party B on such above business activities.
6.2 Party B shall file this contract with Industrial and Commercial Administrative Authority (Trade Xxxx Bureau) in 3 months after the contract is signed.
6.3 Party B shall xxxx its own business name and address on the products, it is not allowed to use Party A's such information on the products.
6.4 Party B shall protect the goodwill of the Trade Xxxx, guarantee the products quality, shoulder the legal obligations itself during the business operation.
6.5 Party B may, in accordance with the design from party A, process text, image trade xxxx, package bag, tag, product promo material, anti-fake post, quality pass and etc or other marks requited by product sales; above items shall be approved and filed by Party A before using them by party B, and shall not be disposed anyway, including but not limited to re-authorizing to a third party, transferring, pledge or investing with above items.
6.6 At the termination of the contract, Party B shall stop using the trade xxxx immediately, the rest un-used trade xxxx label shall be return to Party A in NULL days, and start processing the account closing of the expense of producing the trade xxxx label; the products flowing in the market shall be call back in 6 months. in such period, Party B permits Party B to dispose the inventory in such following ways: the qualified products examined by Party A may being sold in 6 months (continue producing or sales after the 6 months shall be regarded as the trespass).
6.7 During the granting period, as required by Party B, Party A shall transfer the using right of the trade xxxx to Party B free of charge, and cooperate with Party B on transferring procedure.
Article 7: Breach of Faith
7.1 Party A involved in such event:
After this contract effective, produce, sell or authorizing a third party to produce or sell the similar products with the Trade Xxxx which provided to Party B, or, under the name of inventory, convert to sell the similar products with the Trade Xxxx which provided to Party B, it shall be regarded as breaches of contract of Party A, and a loss compensation shall be provided to Party B.
7.2 without authorization from Party A, Party B shall not in any format or by any reason to transfer the Trade Xxxx to a third party, or breach the contract to extend the granted scope of the Trade Xxxx, or make sales out of the granted territory, otherwise, it shall be regarded as a breach. Party A has right to require Party B to provide a breach penalty in a amount of RMB One Hundred Thousand Yuan.
7.3 If Party B incurs a material quality fault or marketing system confusion (including cross area sales), which causes an adverse influence on the goodwill of the Trade Xxxx, Party may seize Party B's warranty fund, and/or terminate this contract without any compensation to Party B.
In such event, this contract is terminated ahead of schedule, Party B shall return all documents of title or certificate to Party A, and warrant that no any copy of above documents or certificate is remaining; all the obligations and losses caused by such above actions shall be shouldered by Party B; Party A shall take no responsibility for it.
Article 8: Dispute Settlement
Any dispute rising out during the contract performing, shall be resolved through consultation; failing on consultation, any party may submit it to a Court locating in the area where the contract is signed.
Article 9:
Unconcluded matter, both parties may sign a supplementary agreement to cover it, such agreement shall have the same legal effect.
Article 10:
This contract is made out in 5 duplicates; each for both parties, one for registration authority, the other shall be filed.
This contract shall be effective after it is signed and sealed by both parties.
Party A: Shandong Shan Jiu Xxxxx Xxxx Xxxx Xx Pin Co. Ltd (sealed)
Legal Representative: /s/ ZHANG SHANZHONG
Party B: Shandong Longkong Travel Development Co., Ltd (sealed)
Legal Representative: /s/ ZHANG SHANJIU
Date: 28-9-2010