China Welfare Lottery Consignment Contract
Welfare Lottery Sales Site Number:
Contract number:
China Welfare Lottery Consignment Demonstration Text
Party A:
Legal representative:
Position:
residence:
Attorney:
identification number:
mailing address:
phone:
fax:
Zip code:
Party B:
Legal representative:
Position:
residence:
Attorney:
identification number:
mailing address:
phone:
fax:
Zip code:
Both Party A and Party B are issued in accordance with the "Contract Law of the People's Republic of China", the "Regulations on the Management of Lottery", the "Regulations on the Regulations of Lottery Management" and other relevant laws and regulations, and the welfare lottery issued by the financial department of the people's government at or above the provincial level, the civil affairs department, and the civil affairs department of the State Council. The relevant lottery management policies, rules and regulations formulated by the organization, in accordance with the principle of equality, voluntariness, honesty and credit, signed this contract for the sale of the China Welfare Lottery by Party B. The specific content is as follows:
The first commission
Party A entrusts Party B to set up a welfare lottery sales site in the provincial and urban areas and sell the welfare lottery.
Second entrustment period
Party B's time limit for the sale of welfare lottery tickets is for the year, from the date of the year to the day of the year.
Article 3 agency sales expenses
Party A shall pay Party B a sales agency fee of % of welfare lottery sales in accordance with the agreement of both parties.
Article 4 Rights of Party A
Party A has the right to request Party B to abide by the relevant regulations and rules such as the Lottery Management Regulations, the Regulations on the Administration of Lottery Regulations, and the relevant lottery issued by the financial department of the people's government at or above the provincial level, the civil affairs department, and the welfare lottery issuing institution established by the civil affairs department of the State Council. Management policies and regulations, norms;
Party A has the right to supervise and inspect Party B's sales of welfare lottery tickets in accordance with relevant regulations and entrusted matters;
Party A has the right to adjust the proportion of agency fees according to the adjustment of national policies and the development of the lottery market;
Party A has the right to collect the deposit or deposit from Party B, and the deposit or security deposit does not include interest;
Party A has the right to deduct the loss or damage caused by Party B's arrears of welfare lottery sales, other fees payable, and the failure, damage or loss of the welfare lottery sales equipment provided by Party B due to Party B's deduction.
Article 5 Obligations of Party A
Party A shall direct Party B to pay the welfare lottery agency sales fee in accordance with the third treaty of this contract;
After Party A signs the welfare lottery sales contract with Party B, it shall, within one working day, issue the welfare lottery sales certificate to Party B, and provide the corresponding qualified welfare lottery sales equipment for Party B to use. The ownership of the welfare lottery sales equipment provided by Party A shall be owned by Party A;
After receiving the application for repair of the special equipment for the sale of the welfare lottery ticket of Party B, Party A shall respond promptly and repair it. If it is still not working properly after repair, it should be replaced;
Party A shall conduct pre-employment training for Party B's welfare lottery salespersons, and shall be allowed to be employed after passing the examination;
Party A shall return the deposit or deposit of Party B within one working day after the termination of the contractual rights and obligations, the recovery of the usable welfare lottery sales equipment and the welfare lottery sales certificate provided by Party A, and the settlement of the relevant amount.
Article 6 The rights of Party B
Party B has the right to obtain the agency sales fee in accordance with Article 3 of this contract;
If the contractual rights and obligations are terminated and Party B has no breach of contract, Party B shall return the normal welfare lottery sales equipment and welfare lottery sales certificate provided by Party A and settle the relevant funds, and shall have the right to request Party A to return the deposit or deposit paid;
Party B has the right to use the sales equipment and publicity materials provided by Party A in accordance with the relevant regulations and the purposes and methods stipulated in this contract during the performance of the contract.
Article 7 Obligations of Party B
Party B shall abide by the relevant regulations and rules of the Lottery Management Regulations, the Regulations on the Administration of Lottery Regulations, and the relevant lottery management policies and regulations formulated by the financial departments of the people's governments at or above the provincial level and the civil welfare departments established by the civil affairs departments of the State Council. ,specification;
After Party B sells the welfare lottery ticket, it shall promptly pay Party A the welfare lottery sales payment, or in accordance with the pre-deposit payment method or real-time payment method agreed with Party A, and timely pay the welfare lottery sales amount;
Party B shall pay Party A the deposit or deposit, deposit or deposit without interest. When the deposit or the amount of the deposit is insufficient, Party B shall make up the time in time;
Party B shall maintain the image of the welfare lottery and shall not infringe Party A’s reputation and intellectual property rights;
If Party B sells the welfare lottery ticket, it shall properly keep the welfare lottery sales certificate issued by Party A, place it in a prominent position in the lottery sales place, and may not lend, rent or sell; set the welfare lottery logo; post the promotional slogan of the welfare lottery issuance purpose, The slogan of irrational purchase of lottery tickets, the warning slogan of not selling lottery tickets and redemption to minors; publicizing the results of the lottery; undertaking the redemption obligation and recovering the redemption lottery ticket to prevent the loss of the redemption lottery ticket;
Party B must redeem the prize according to the rules of the lottery game and the rules of the redemption. The lottery winners shall be redeemed in a lump sum in the form of RMB cash, and shall not be paid in kind or in multiple stages;
Party B is obliged to keep the personal information of the lottery winners confidential. Without the consent of the lottery winners, the identity information of the lottery winners shall not be revealed; the lottery winners shall not be required to donate the winning prizes or for any reason and manner for any reason or manner. Disguised donation prizes;
Party B is obliged to review the integrity of the welfare lottery ticket sold, and may not sell welfare lottery tickets with incomplete coupon information;
Party B shall regulate the use and maintenance of the welfare lottery sales equipment provided by Party A, and shall not lend, rent or sell the welfare lottery sales equipment provided by Party A, and shall not arbitrarily change the use of welfare lottery sales equipment provided by Party A, and shall not dismantle the benefits provided by Party A. The lottery sells equipment or replaces its parts; it may not inspect, modify, copy or delete the programs and related data files loaded by the welfare lottery sales equipment provided by Party A, or install or run other programs and files; If the welfare lottery sales equipment provided by Party A is faulty, damaged or lost, Party B shall inform Party A within an hour;
Party B shall construct a sales site in accordance with the requirements for the standardized construction of the welfare lottery sales site established by Party A. Party B shall not arbitrarily relocate the sales site without the written consent of Party A;
Party B welfare lottery sales personnel shall receive pre-employment training organized by Party A and obtain the qualification for welfare lottery sales. If Party B replaces the welfare lottery sales personnel, Party A shall notify Party A in writing one working day in advance;
Party B and its sales personnel shall participate in the meetings, trainings and activities organized by Party A in connection with their sales of welfare lottery;
Party B shall not sell any lottery tickets other than those stipulated in this contract;
Party B shall not suspend the sale of welfare lottery tickets without justified reasons, and shall not change or disguise the sales of welfare lottery denominations in disguise, and shall not sell welfare lottery tickets by credit or credit;
Party B shall not sell welfare lottery tickets and redemption to minors;
If Party B cancels the contract in advance, Party B shall send a written application to Party A. After Party A's written consent, it may stop selling the welfare lottery ticket and go through the relevant formalities as required;
Within one working day after the termination of the welfare lottery consignment contract rights and obligations, Party B shall return the welfare lottery sales equipment and welfare lottery sales certificate provided by Party A to Party A, and ensure that the returned welfare lottery sales equipment can be used normally.
Article 8 Party A’s liability for breach of contract
If Party A fails to pay Party B to pay the agency sales fee according to the contract, each time the delay is delayed, Party B shall pay the amount of arrears to Party B as a liquidated damages, up to a maximum of %. If the liquidated damages reaches 15% of the arrears, Party B has the right to terminate the contract and ask Party A to pay the fees owed and the liquidated damages;
Party B shall use Party A's welfare lottery sales equipment to fail and report to Party A for repair. If Party A refuses to repair or repairs and cannot use it normally and does not replace the sales equipment that can be used normally, Party B has the right to cancel the contract and Party A is required to pay liquidated damages. The specific matter of payment of liquidated damages shall be separately agreed by Party A and Party B;
If Party A fails to return the deposit or deposit to Party B within one working day after the contractual rights and obligations are terminated, the Welfare Lottery Sales Equipment and Welfare Lottery Sales Certificate provided by Party A are recovered, and the relevant amount is settled, Party A shall give Party B an additional amount for each day of delay. The payment of arrears is a liquidated damages up to a maximum of %.
Article 9 Party B's liability for breach of contract
If the welfare lottery sales equipment provided by Party A is faulty, damaged or lost due to Party B's reasons, Party B shall be responsible for the repair expenses or the price compensation, and Party B shall compensate the losses according to Party A's request;
If Party B fails to pay the welfare lottery sales, deposit or deposit according to the agreement between Party A and Party B, each time the delay is due, the amount of the arrears shall be additionally paid as liquidated damages, up to a maximum of %;
Party B has one of the following circumstances: Party A shall have the right to order Party B to suspend the sale of the welfare lottery and carry out rectification within a time limit after Party A has refused to correct it in the future:
1. For the lottery winners, the lottery prizes are not redeemed in cash in the form of RMB cash, or the prizes are refused without delay, or the prizes are delayed, or the lottery winners are required to donate the prizes or disguise for any reason and manner. Donating a winning prize, or revealing the personal information of the lottery winner without causing serious consequences;
2. Failure to pay the welfare lottery sales and other fees payable within the prescribed time limit;
3. Stop selling the welfare lottery continuously or cumulatively without justified reasons, reaching the day within one year;
4. Failure to set the welfare lottery sales certificate and welfare lottery logo as required;
5. The slogan of the welfare lottery issuance is not posted as required, the slogan for the irrational purchase of the lottery ticket, the warning slogan for not selling the lottery ticket and the prize for the minor;
6. Selling the salesperson privately, or selling the welfare lottery without obtaining the sales qualification;
7. Failure to participate in meetings, trainings and activities organized by Party A in connection with the sale of welfare lottery by Party B without justifiable reasons;
8. Selling welfare lottery tickets by credit or credit;
9. Unfair competition by means of defamation of peers;
10. Have other circumstances that should be rectified within a time limit.
After Party B has confirmed that it has the sales conditions after Party B's rectification, it can resume the sales of welfare lottery tickets.
Party B has one, but not limited to, one of the following circumstances: Party A has the right to cancel the eligibility of Party B's welfare lottery, and notify Party B in writing to terminate the contract, and the contract is terminated from the date of notification to Party B. Party A has the right to deduct the deposit or deposit from Party B depending on the loss:
1. Selling welfare lottery tickets and redemption to minors;
2. Selling welfare lottery tickets by misleading or deceptive means;
3. Establish a distribution site, or transfer, sublease, or lend the sales site;
4. Loan, lease or sell the welfare lottery sales certificate;
5. Selling other lottery tickets other than those agreed in this contract;
6. Selling welfare lottery tickets beyond the scope and method of the welfare lottery agency through mobile phones, the Internet, etc.;
7. Change or disguise the lottery denomination to sell, or sell the welfare lottery that has been revoked;
8. Failure to set up a sales site at the approved address, or arbitrarily relocate the sales site;
9. Loan, lease, sell the welfare lottery sales equipment provided by Party A, or arbitrarily change the use of welfare lottery sales equipment provided by Party A, or dismantle the welfare lottery sales equipment provided by Party A or replace its parts, or consult, modify, Copying and deleting the programs and related data files loaded by the welfare lottery sales equipment provided by Party A, or installing and running other programs and files, or unauthorized external devices;
10. Leaking the personal information of the lottery winners has serious consequences;
11. Conduct false and misleading propaganda;
12. There are words and deeds that damage the image of the welfare lottery.
Article 10 Termination of the contract
The contract expires naturally;
If the two parties reach a consensus, the contract may be terminated in advance;
Party A may need to adjust the proportion of agency fees or change the terms of the agency contract due to the adjustment of national laws, regulations, policies or according to the needs of the development of the lottery market. If Party B does not approve, Party B may unilaterally terminate this contract;
Party B may include, but is not limited to, one of the circumstances listed in paragraph 4 of Article 9, Party A may unilaterally terminate this contract;
This contract shall be terminated due to the death of the natural person of Party B, the loss of civil capacity or the bankruptcy of the legal person and the suspension of the business license.
Article 11 Special Agreement
Party B has the right to terminate this contract during the performance of this contract, because other illegal acts are subject to administrative punishment by the corresponding administrative organ or are investigated for criminal responsibility;
If the contract cannot be performed due to force majeure events such as natural disasters, the two parties shall not be liable for breach of contract. However, the party subject to force majeure shall promptly notify the other party after the cause of force majeure disappears and take necessary measures to reduce the loss;
If the welfare lottery ticket cannot be sold normally due to reasons such as power, communication, etc., the two parties shall not be responsible for each other;
Party A shall not be liable for any personal injury or property damage caused by Party B and third parties due to non-Party reasons;
If the contract cannot be continued or discharged due to the adjustment of national laws, regulations and policies, the parties shall not be liable for breach of contract;
The parties shall resolve the dispute arising from the performance of this contract. If the negotiation fails, it shall file a lawsuit in the people's court of the locality where Party A is located.
Article 12 Others
Both Party A and Party B shall abide by the laws, regulations, rules and regulations, and the policies, regulations and norms governing lottery management formulated by the welfare department of the people's government at or above the provincial level and the civil welfare department established by the civil affairs department of the State Council, and strictly implement this contract. If the terms of this contract are inconsistent with the above-mentioned laws, regulations, rules and regulations and policies, the above laws, regulations, rules and regulations and policy provisions shall prevail.
The parties may separately sign a supplementary agreement on the unfinished matters of this contract and the changes to some of the terms of this contract. The supplementary agreement has the same legal effect as this contract.
The "China Welfare Lottery Agency Application" is an auxiliary file of this contract and has the same legal effect as this contract.
If the contact information of the communication address of Party A and Party B changes, the other party shall notify the other party within the changed day. Otherwise, the contact according to the original communication address and other contact information shall be deemed as the service;
Party B shall sign and seal the conditions of Party A's relevant welfare lottery sales venues. This contract shall come into effect on the date of signature and seal of both parties, in one copy, each party shall hold the same and have the same legal effect.
person A person B:
Legal representative: Attorney:
Attorney:
Party A's official seal, Party B's seal or official seal
Signing place: Signing place:
Year, month, day, month, day
Attached file: "Demonstration Text of China Welfare Lottery Agency Application"
Attached files:
Demonstration text of China Welfare Lottery Agency Application
Applicant Name: Gender: Date of Birth:
identification number:
Home address and postal code:
residence phone:
mobile phone:
e-mail:
Applicant Name:
Legal representative or person in charge:
Unit address and postal code:
Contact Name: Office Phone: Mobile Phone:
I. Application
Application for the establishment of a welfare lottery sales place address:
Apply for the sale of welfare lottery varieties:
Second, the applicant promises
The applicant has a fixed place of business and funds required to be used for the sale of the China Welfare Lottery;
The applicant does not have any of the following situations:
1. The applicant is a natural person but has no capacity for civil conduct or restrictions on civil conduct, or the applicant is a unit but does not have the status of an independent legal person;
2. The director or director or manager of a company or enterprise that is insolvent and liquidation has personal responsibility for the bankruptcy of the company or enterprise, and has not been more than three years since the date of completion of the bankruptcy liquidation of the company or enterprise;
3. If the company is the legal representative of a company or enterprise that has been revoked by law, ordered to close, and has personal responsibility, it shall not exceed three years from the date when the company or enterprise was revoked its business license;
4. Cases that have been enforced and closed by the people's courts for more than three years;
5. The consignment welfare lottery was cancelled for more than three years due to violation of the regulations;
6. There are criminal penalties and bad commercial credit records for less than five years.
The applicant provides the relevant lottery, insurance and welfare treatments for the lottery sales personnel in accordance with the regulations of the human resources and social security department of the people's government at or above the county level.
If the content promised by the applicant is untrue or fails to fulfill the promised content, the welfare lottery contract can be cancelled, and the losses caused by the applicant are borne by the applicant.
3. Details of the certification materials that the applicant needs to provide
1. Basic information of the applicant and the salesperson, including: a copy of the ID card, a copy of the Business License of the Enterprise Legal Person and a copy of the annual certificate of the enterprise;
2. The ownership certificate or lease contract of the business premises;
3. Proof of funds issued by financial institutions.
applicant:
year month day
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