[excellent] agent agreement
Part 1: Agency Agreement
Party name: Legal representative:
Address: Postal code:
Contact number: Fax:
Contact:
Website:
Bank account and account number:
e-mail:
Party name: __________ Information Co., Ltd.
Legal representative:
contact address:
Phone number: Fax number:
Bank of deposit: Account opening account:
First agreement project
After negotiation, both parties shall, in accordance with the relevant provisions of the “_____ Information Agency System and Management Regulations 20030101”, Party A shall apply to become the agency of _____Information____________, and fully accept the specifications of Party B, which shall be subject to the preliminary examination by Party B. The __________ Information Co., Ltd. agency agent specified in the specification applies for the qualification, and signs the agency cooperation agreement.
After the entry into force of this Agreement, Party B shall authorize Party A to be qualified as “_____Information________ Agent”, and Party A shall, on behalf of its direct customers, conduct all business initiated by Party B during the term of this Agreement.
Article 2 The "_____ Information Agency System and Management Specification 20030101" is an affiliate file of this Agreement and has the same legal effect as this Agreement. During the validity period of the agreement, Party B shall implement unified management of Party A and all _____ information agents in accordance with the relevant provisions of this Code in terms of application, approval, performance statistics, assessment, grading, rewards and punishments.
Article 3 Rights and Obligations of Both Parties
3-1 Party A's rights and obligations
3-1-1 Actively promote the business of Article 1 of this Agreement and its value-added services, maintain Party B's corporate image and service quality, and truthfully inform customers of the service items and basic quotations provided, etc. Cut service items, charges for free items, and other acts that harm the interests of Party B and/or customers.
3-1-2 Party A shall sign a contract with the customer when handling the business of Article 1 and provide necessary services and technical support to the customer to answer various questions raised by the customer. Party A may enjoy the provisions of Party B in the specification. The services and support provided by the _____ information agency for this level, but subject to Party B's cost control.
3-1-3 In accordance with the provisions of Party B, the advance payment is _____ yuan. Party A acknowledges that the first payment of the advance payment is a performance that must be completed. Party A terminates this agreement after the above-mentioned prepayment has not been used, and may not request the refund of the advance payment. Balance. Party A shall also submit the deposit _____ yuan to Party B. If Party A fails to complete the performance of the first payment of the advance payment and requests to terminate this agreement, Party A shall not request a refund of the deposit; Party A shall complete the first payment prepayment within the validity period of this Agreement. The performance of the payment and no other violations of this Agreement and the agency's specifications, the deposit will be refunded to Party A within 10 working days after the expiration or termination of this Agreement; Party A has violated this Agreement or the agent's specifications, Party B has The right is deducted from the deposit as the case may be.
3-1-4 In accordance with the provisions of Party B, the agency price specified by Party B shall be enjoyed for the business of Article 1. The service price and charging standard agreed by Party A and the customer shall not be lower than the public quotation of Party B.
3-1-5 Provide Party B with timely relevant information and payment related fees to ensure the smooth progress of the business.
3-1-6 To ensure the quality of service, Party B shall not damage the overall market image of Party B, nor engage in other acts that harm Party B's interests.
3-1-7 Party A may use the words “_____Information Authorization______ Agent” and the unified logo on its company promotional materials and business cards as well as the advertising content. Party A may not use “office” without formal authorization. Or “general agent” and other monopolistic, exclusive and other advertising and commercial activities in the name of not authorized by Party B. It is not allowed to make any substantive contact between Party A and Party A. The name of the company must not be misunderstood as “By Party Information”. Party A shall not make any misleading or confusing behavior, causing others to mistakenly believe that Party A is a subsidiary or branch of A company, an affiliate or other substantive relationship.
3-1-8 Party A guarantees that all its business activities are in full compliance with the relevant laws, regulations and administrative regulations of China. If Party A causes any damage to Party B due to Party A's violation of the above provisions, Party A shall bear all legal liabilities and compensate Party B for the losses caused.
3-1-9 After the formal signing of the agency agreement with _____ information, Party A shall not cooperate with any enterprise, commercial organization or organization that has a direct commercial competitive relationship with Party B during the term of this Agreement. Otherwise, Party B has the right to cancel its agent qualification at any time and has the right to request Party A to compensate for the loss. After the expiration of this Agreement and the termination or dissolution of this Agreement, Party A undertakes not to provide relevant information or materials related to Party B's business, technology, etc. to enterprises, commercial organizations or organizations that have a commercial competitive relationship with Party B, otherwise they are willing to assume corresponding responsibilities.
3-1-10 There shall be no vicious competition or other unfair competition between Party A and other agents of Party B.
3-1-11 The term "enterprise, business organization or organization that constitutes a commercial competitive relationship with Party B" as used in this Agreement means an enterprise, business organization or organization that meets one of the following conditions:
The same business or technical field as or similar to Party B;
Same or similar to the business scope of Party B;
Same or similar to the products, services or customer groups provided by Party B;
Other circumstances as stipulated by laws and regulations.
3-1-12 Party A shall abide by and encourage its users to comply with the online application/registration terms of Party B's services and products. Party A's violation of the foregoing provisions will be regarded as Party A's behavior, and Party B will directly Party A is held accountable.
3-2 Party B's rights and obligations
3-2-1 In view of the fact that the business of Article 1 is carried out between Party A and Party B, Party B does not have direct economic transactions with customers.
3-2-2 The international domain name registration business submitted by Party A, due to the implementation of the pay-as-you-go method, is submitted by Party A. B is convenient to regard Party A and the customer agree to register the domain name. Party B will have sufficient balance in Party A’s advance payment. On the premise of the registration, the registration of the domestic domain name required by Party A, Party B will start the inquiry and registration after receiving the online application and necessary files of Party A; the other business such as the establishment and opening of the virtual host must be prepaid in Party A. Sufficient or after receiving the fax of the Party A remittance voucher, it shall be carried out according to the business contract. Party B of other business shall handle it in time after Party A submits the application.
3-2-3 Party B provides complete after-sales service to Party A. The detailed terms are determined by the specific business contract between Party A and Party B. However, Party B's after-sales service is only for Party A and not for customers.
3-2-4 In time, we will notify Party A of the price rules and changes related to Party A's agency business.
3-2-5 Provide technical support and technical training within the scope of business to Party A to help Party A improve its technical capabilities and expand its business scope.
3-2-6 If Party A loses the customer or Party B due to Party A's violation of this Agreement, Party B has the right to terminate this Agreement and has the right to request Party A to compensate for the loss.
3-2-7 Party B shall only assume responsibility to Party A for the losses caused by Party B's fault. The commitment of this responsibility is based on the total amount of the specific business amount incurred between Party A and Party B.
3-2-8 Disputes, disputes, losses, infringements, breach of contract, etc. between Party A and its clients shall be resolved by Party A and the customer, and Party B shall not interfere with Party B’s disputes with customers, disputes, etc. Responsible for any loss.
3-2-9 During the term of this Agreement, Party B has the right to amend the pricing and agency specifications according to market conditions; Party A guarantees to accept Party B's "_____ Information Agency Project and Price System 20030101" and "_____ during the performance period of this Agreement Revision of Information Agency System and Management Specification 20030101. Once the amendment is made, Party B will send an email 15 days in advance or notify Party A on the website of Party B by notice. The amendment will take effect from the date specified.
Article 4 rewards and punishments for agents
4-1 According to the specification and the “_____ Information Agency Project and Price System”, the agency business of Party A will be given preferential treatment.
4-2 Party A may participate in the free training of agents held by Party B from time to time, or obtain training materials and audio-visual materials, and obtain Party B's support and reward according to the contents of the specifications.
4-3 The calculation of the preferential terms in this Agreement does not include the domain name registration fee and annual fee charged by the domestic and international domain name registration authorities.
4-4 After Party A becomes the agent of Party B, Party B has the right to cancel if it does not meet the assessment criteria in the standard, or if it violates the reputation and purpose of the agent, or violates this agreement, and causes serious damage to the customer or Party B. Its agency qualification, pursue its legal responsibility, and terminate this agreement.
Article 5 Validity Period of the Agreement
This Agreement is valid for a leap year, from _____ years _____ months _____ days to _____ years _____ months _____ days.
Article 6 Enterprise Name, Trademark, Trade Name, Brand, Domain Name and Website
6-1 During the performance of this Agreement, Party A shall only use Party B's business name, trademark, trade name, brand name, domain name and website name within the scope agreed upon in this Agreement, and shall not exceed the scope of Party A's authorized work scope. It should not be used for other purposes and matters. Party A shall, when using Party B's company name, trademark, trade name, brand, domain name and website, serve the contents agreed by Party A and Party B in this Agreement, and shall not carry other business contents or business purposes. Party A's use of the name, domain name and website authorized by Party B in its own promotional materials, business cards, marketing, website construction and any other aspects must be notified in writing to Party B in advance and obtained the written permission of Party B. Otherwise, it shall be deemed to be infringement on the name, trademark, trade name, brand, domain name and website of Party B, and shall bear corresponding responsibility.
6-2 Party A and its staff undertake not to derogate or otherwise damage any trademarks, business names, domain names, etc. owned or to be owned by Party B during the performance of this Agreement and after the expiration of this Agreement, nor to Party B’s Internet pages or The website carries out any derogatory, plagiarism, distortion, destruction or other damage. During the agreement, Party A shall work hard to maintain and enhance the value of the aforementioned trademarks, business names and domain names.
6-3 Party A undertakes that if Party B terminates or terminates this Agreement without the written consent of Party B, it shall not express or imply any substantive connection with the trademark, company name or domain name of Party B, or otherwise express or Imply that you are a Party B agent.
6-4 Party A shall be willing to bear all responsibility for the damage caused to the third party or Party B by the above circumstances 6-1, 6-2 and 6-3.
Article VII Agreement Change, Termination and Liability for Breach of Contract
7-1 Party A and Party B shall perform this Agreement in good faith. Any party may use fraud, coercion or violence in its performance, and the other party may terminate this Agreement and require the other party to compensate for the loss.
7-2 Any party who discovers or has evidence in the performance that the other party has, is or is expected to default, may terminate this Agreement, but shall promptly notify the other party. If the other party continues to fail to perform, perform improperly or breach the contract, the party may terminate this agreement and request the other party to compensate for the loss.
7-3 During the execution of the agreement, if either party or party considers it necessary to terminate, it shall notify the other party one month in advance, and the parties may terminate the agreement after the financial settlement is completed and their respective responsibilities are clearly fulfilled. If a party arbitrarily terminates this Agreement in violation of the provisions of this Agreement and causes losses to the other party, it shall compensate the other party for the loss. Upon the expiration of this Agreement, this Agreement may be renewed if the parties agree.
7-4 In the case of 7-3, the other party shall continue to complete the financial settlement of the current month, and each shall have clear responsibility.
7-5 The relevant provisions of this Agreement may be changed by agreement between the two parties, but they shall be confirmed in writing.
7-6 Changes in laws, administrative regulations and rules on which this Agreement is based, this Agreement shall change the relevant content; if the objective conditions on which this Agreement is based are materially changed, resulting in the inability of this Agreement to be fulfilled, The performance of the agreement may be changed or terminated.
7-7 This Agreement may be terminated by either party due to major difficulties in the operation of one of the parties to this Agreement, or impending bankruptcy, entering the statutory rectification period or being liquidated.
Article 8 Dispute Resolution
In the event of a dispute between the parties during the execution of this Agreement, the parties shall settle the matter through friendly negotiation. If the negotiation fails, both parties agree to submit the _____ Arbitration Commission for arbitration and accept the arbitration rules. The arbitral award is final and the parties will unconditionally submit to the arbitral award.
Article 9 Force Majeure and Accidents
9-1 This Agreement may be terminated by either party due to force majeure or other unforeseen events making the performance of this Agreement impossible, unnecessary or meaningless. If a party suffering from force majeure or accident is unable to perform this Agreement in whole or in part, dismissal or delay of this Agreement, the event shall be notified to the other party in writing within five days from the date of force majeure or accident, and the event shall occur. Within 20 days from the date, submit to the other party a certificate that causes all or part of it to be unfulfilled or delayed.
9-2 The party subject to force majeure shall take all necessary measures to reduce the loss, otherwise it shall be liable for the enlarged loss.
9-3 The term "force majeure and accident" as used in this Agreement means an objective event that cannot be foreseen, cannot be overcome and cannot be avoided and has a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics and storms, etc. And social events such as war, turmoil, government regulation, etc.
Article 10 Supplementary Provisions
10-1 The law of the People's Republic of China shall apply to the conclusion, validity, interpretation, performance and settlement of disputes of this Agreement.
10-2 Except as expressly provided by the law itself, subsequent legislative or legal changes are not retroactive to this Agreement. Both parties may modify or supplement this Agreement by consensus in accordance with subsequent legislation or the changed law, but in written form.
10-3 A party's change notice, mailing address or other contact information shall notify the other party of the changed address and contact information within 10 days from the date of the change, otherwise the change party shall be liable for all consequences arising therefrom.
10-4 The understanding and interpretation of this Agreement shall be made in accordance with the purpose and textual meaning of the Agreement. The title of this Agreement is for convenience of reading only and shall not affect the interpretation of this Agreement.
10-5 Either party has an obligation to keep confidential the contents of this Agreement and the trade secrets of the other party.
10-6 This Agreement is made in two copies, each party holds one copy, and after signing and stamping, the two agreements have the same effect.
This Agreement shall be signed by _________________ on behalf of the authorized representatives of both Party A and Party B on _________________________
Signature of Party A: Signature of Party B:
Seal of the unit: Seal of the unit:
Part 2: Agency Agreement
Party A:
Party B:
Signing time: year, month and day
Validity period: year, month, day to year
After the first agreement between Party A and Party B, Party A shall apply for becoming a _______ partner and fully accept Party B's specifications and sign the agency cooperation agreement. After the entry into force of this Agreement, Party B shall authorize Party A to "______Partner" qualification, and Party A shall, on behalf of its direct customers, perform domain name registration, website registration and other business initiated by Party B during the term of this Agreement.
Article 2 The "Agent System and Management Regulations", as an auxiliary file of this Agreement, have the same legal effect as this Agreement. During the validity period of the agreement, Party B shall implement unified management of application, approval, performance statistics, assessment, grading, rewards and punishments, etc. for Party A and all Party B agents in accordance with the relevant provisions of this code.
Article 3 Rights and Obligations of Both Parties
3-1 Party A's rights and obligations
3-1-1 Actively promote the business of Article 1 of this Agreement and its value-added services, maintain Party B's corporate image and service quality, and truthfully inform customers of the service items and basic quotations provided, etc. Cut service items, charges for free items, and other acts that harm the interests of Party B and/or customers.
3-1-2 Party A shall sign a contract with the customer when handling the business of Article 1 and provide necessary services and technical support to the customer to answer various questions raised by the customer. Party A may enjoy the provisions of Party B in the specification. The services and support provided by the agent for this level, but subject to the cost control of Party B.
3-1-3 In accordance with Party B's prepayments, Party A acknowledges that the first payment of the advance payment is a performance that must be completed. When the agreement is terminated, if the amount of business actually incurred by Party A exceeds the advance payment paid by Party A, Party B shall refund the balance in Party A's account as much as possible; if Party A's advance payment has not been used up, Party B deducts the amount of actual business incurred. After the minimum fund limit within the amount, the remaining part is refunded to Party A.
3-1-4 In accordance with the provisions of Party B, the agency price specified by Party B shall be enjoyed for the business of Article 1. The service price agreed by Party A and the customer.
3-1-5 Provide Party B with timely relevant information and payment related fees to ensure the smooth progress of the business.
3-1-6 To ensure the quality of service, Party B shall not damage the overall market image of Party B, nor engage in other acts that harm Party B's interests.
3-1-7 Party A may use the words “Authorized ____Partners” and the unified logo on its company promotional materials and business cards as well as in the advertising content. Party A may not use Party B’s “office” or “ The general agent "is monopolistic, exclusive and other advertising and commercial activities in the name of not authorized by Party B. It is not allowed to make any substantive contact between Party A and Party A. The name of the company may not be misunderstood as the name of Party B's branch or branch. Party A shall not make any misleading or confusing behavior, causing others to mistakenly believe that Party A is a subsidiary or branch of A company, an affiliate or other substantive relationship.
3-1-8 Party A guarantees that all its business activities are in full compliance with the relevant laws, regulations and administrative regulations of China. If Party A causes any damage to Party B due to Party A's violation of the above provisions, Party A shall bear all legal liabilities and compensate Party B for the losses caused.
3-1-9 After signing the agency agreement with Party B, Party A shall not cooperate with any enterprise, commercial organization or organization that has a direct commercial competitive relationship with Party B during the term of this Agreement, otherwise Party B shall Have the right to cancel the qualification of their agent at any time and have the right to ask Party A to compensate for the loss. After the expiration of this Agreement and the termination or dissolution of this Agreement, Party A undertakes not to provide relevant information or materials related to Party B's business, technology, etc. to enterprises, commercial organizations or organizations that have a commercial competitive relationship with Party B, otherwise they are willing to assume corresponding responsibilities.
3-1-10 There shall be no vicious competition or other unfair competition between Party A and other agents of Party B.
3-1-11 The term "enterprise, business organization or organization that constitutes a commercial competitive relationship with Party B" as used in this Agreement means an enterprise, business organization or organization that meets one of the following conditions:
The same business or technical field as or similar to Party B;
Same or similar to the business scope of Party B;
Same or similar to the products, services or customer groups provided by Party B;
Other circumstances as stipulated by laws and regulations.
3-1-12 If Party A is not authorized by cnnic, it shall not carry out activities in the name of authorized agent of cnnic, otherwise it shall be responsible at its own risk. If it causes losses to Party B, it shall compensate Party B for the corresponding losses.
3-1-13 Party A shall abide by and encourage its users to comply with the online application/registration terms of Party B's services and products. Party A's violation of the foregoing provisions will be regarded as Party A's behavior, and Party B will directly Party A is held accountable.
3-2 Party B's rights and obligations
3-2-1 In view of the fact that the business of Article 1 is carried out between Party A and Party B, Party B does not have direct economic transactions with customers.
3-2-2 The international domain name registration business submitted by Party A, due to the implementation of the pay-as-you-go method, is submitted by Party A. B is convenient to regard Party A and the customer agree to register the domain name. Party B will have sufficient balance in Party A’s advance payment. On the premise of the registration, the registration of the domestic domain name required by Party A, Party B will start the inquiry and registration after receiving the online application and necessary files of Party A; the other business such as the establishment and opening of the virtual host must be prepaid in Party A. Sufficient or after receiving the fax of the Party A remittance voucher, it shall be carried out according to the business contract. Party B of other business shall handle it in time after Party A submits the application.
3-2-3 Party B provides complete after-sales service to Party A. The detailed terms are determined by the specific business contract between Party A and Party B. However, Party B's after-sales service is only for Party A and not for customers.
3-2-4 In time, we will notify Party A of the price rules and changes related to Party A's agency business.
3-2-5 Provide technical support and technical training within the scope of business to Party A to help Party A improve its technical capabilities and expand its business scope.
3-2-6 If Party A loses the customer or Party B due to Party A's violation of this Agreement, Party B has the right to terminate this Agreement and has the right to request Party A to compensate for the loss.
3-2-7 Party B shall only assume responsibility to Party A for the losses caused by Party B's fault. The commitment of this responsibility is based on the total amount of the specific business amount incurred between Party A and Party B.
3-2-8 Disputes, disputes, losses, infringements, breach of contract, etc. between Party A and its clients shall be resolved by Party A and the customer, and Party B shall not interfere with Party B’s disputes with customers, disputes, etc. Responsible for any loss.
3-2-9 During the term of this Agreement, Party B has the right to amend the pricing and agency specifications according to market conditions; Party A guarantees to accept Party B's "Proxy Project and Price System" and "Agent System and Management Specifications" during the performance period of this Agreement. Revision. Once the amendment is made, Party B will send an email ___ days in advance or notify Party A in the form of an announcement on Party B's website. The amendment will take effect from the date specified.
Article 4 rewards and punishments for agents
4-1 According to Party B's agent project and price system, Party A's agency business will be given preferential treatment.
4-2 The calculation of the preferential terms in this Agreement does not include the domain name registration fee and annual fee charged by the domestic and international domain name registration authorities.
4-3 After Party A becomes the agent of Party B, Party B has the right to cancel if it does not meet the assessment criteria in the standard, or violates the reputation and purpose of the agent, or violates this agreement, and causes serious damage to the customer or Party B. Its agency qualification, pursue its legal responsibility, and terminate this agreement.
Article 5 Validity Period of the Agreement This Agreement shall be valid for a leap year, from the date of the year to the day of the month.
Article 6 Enterprise Name, Trademark, Trade Name, Brand, Domain Name and Website
6-1 During the performance of this Agreement, Party A shall only use Party B's business name, trademark, trade name, brand name, domain name and website name within the scope agreed upon in this Agreement, and shall not exceed the scope of Party A's authorized work scope. It should not be used for other purposes and matters. Party A shall, when using Party B's company name, trademark, trade name, brand, domain name and website, serve the contents agreed by Party A and Party B in this Agreement, and shall not carry other business contents or business purposes. Party A's use of the name, domain name and website authorized by Party B in its own promotional materials, business cards, marketing, website construction and any other aspects must be notified in writing to Party B in advance and obtained the written permission of Party B. Otherwise, it shall be deemed to be infringement on the name, trademark, trade name, brand, domain name and website of Party B, and shall bear corresponding responsibility.
6-2 Party A and its staff undertake not to derogate or otherwise damage any trademarks, business names, domain names, etc. owned or to be owned by Party B during the performance of this Agreement and after the expiration of this Agreement, nor to Party B’s Internet pages or The website carries out any derogatory, plagiarism, distortion, destruction or other damage. During the agreement, Party A shall work hard to maintain and enhance the value of the aforementioned trademarks, business names and domain names.
6-3 Party A undertakes that if Party B terminates or terminates this Agreement without the written consent of Party B, it shall not express or imply any substantive connection with the trademark, company name or domain name of Party B, or otherwise express or Imply that you are a Party B agent.
6-4 Party A shall be willing to bear all responsibility for the damage caused to the third party or Party B by the above circumstances 6-1, 6-2 and 6-3.
Article VII Agreement Change, Termination and Liability for Breach of Contract
7-1 Party A and Party B shall perform this Agreement in good faith. Any party may use fraud, coercion or violence in its performance, and the other party may terminate this Agreement and require the other party to compensate for the loss.
7-2 Any party who discovers or has evidence in the performance that the other party has, is or is expected to default, may terminate this Agreement, but shall promptly notify the other party. If the other party continues to fail to perform, perform improperly or breach the contract, the party may terminate this agreement and request the other party to compensate for the loss.
7-3 During the execution of the agreement, if either party or party considers it necessary to terminate, it shall notify the other party one month in advance, and the parties may terminate the agreement after the financial settlement is completed and their respective responsibilities are clearly fulfilled. If a party arbitrarily terminates this Agreement in violation of the provisions of this Agreement and causes losses to the other party, it shall compensate the other party for the loss. Upon the expiration of this Agreement, this Agreement may be renewed if the parties agree.
7-4 In the case of 7-3, the other party shall continue to complete the financial settlement of the current month, and each shall have clear responsibility.
7-5 The relevant provisions of this Agreement may be changed by agreement between the two parties, but they shall be confirmed in writing.
7-6 Changes in laws, administrative regulations and rules on which this Agreement is based, this Agreement shall change the relevant content; if the objective conditions on which this Agreement is based are materially changed, resulting in the inability of this Agreement to be fulfilled, The performance of the agreement may be changed or terminated.
7-7 This Agreement may be terminated by either party due to major difficulties in the operation of one of the parties to this Agreement, or impending bankruptcy, entering the statutory rectification period or being liquidated.
Article 8 Dispute Resolution If there is a dispute between the two parties during the execution of this Agreement, the two parties shall settle it through friendly negotiation. If the negotiation fails, the parties agree to submit the Foshan Arbitration Commission for arbitration and accept the arbitration rules. The arbitral award is final and the parties will unconditionally submit to the arbitral award.
Article 9 Force Majeure and Accidents
9-1 This Agreement may be terminated by either party due to force majeure or other unforeseen events making the performance of this Agreement impossible, unnecessary or meaningless. If a party suffering from force majeure or accident is unable to perform this Agreement in whole or in part, dismissal or delay of this Agreement, the event shall be notified to the other party in writing within five days from the date of force majeure or accident, and the event shall occur. Within 20 days from the date, submit to the other party a certificate that causes all or part of it to be unfulfilled or delayed.
9-2 The party subject to force majeure shall take all necessary measures to reduce the loss, otherwise it shall be liable for the enlarged loss.
9-3 The term "force majeure and accident" as used in this Agreement means an objective event that cannot be foreseen, cannot be overcome and cannot be avoided and has a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics and storms, etc. And social events such as war, turmoil, government regulation, etc.
Article 10 Supplementary Provisions
10-1 The law of the People's Republic of China shall apply to the conclusion, validity, interpretation, performance and settlement of disputes of this Agreement.
10-2 Except as expressly provided by the law itself, subsequent legislative or legal changes are not retroactive to this Agreement. Both parties may modify or supplement this Agreement by consensus in accordance with subsequent legislation or the changed law, but in written form.
10-3 A party's change notice, mailing address or other contact information shall be notified to the other party within _____ days from the date of the change, otherwise the change party shall be liable for all consequences arising therefrom.
10-4 The understanding and interpretation of this Agreement shall be made in accordance with the purpose and textual meaning of the Agreement. The title of this Agreement is for convenience of reading only and shall not affect the interpretation of this Agreement.
10-5 Either party has an obligation to keep confidential the contents of this Agreement and the trade secrets of the other party.
10-6 This Agreement is made in two copies, each party holds one copy, and after signing and stamping, the two agreements have the same effect.
person A person B:
Agent: Agent:
Address: Address:
Postal Code: Postal Code:
Contact number: Contact number:
Fax: Fax:
e - mail: e - mail:
ID card: ID card:
Signature of Party A: Signature of Party B:
Seal of the unit: Seal of the unit:
Part 3: Logistics Agent Agreement
In view of:
_________ Co., Ltd. is a domestic company located in China _________, an e-commerce company specializing in online trading platforms.
_________ Express Co., Ltd. is located in China, engaged in China's domestic parcel and small goods express business and integrated logistics services. Party A has agreed that Party B will provide logistics and distribution services for its online transactions to meet the needs of its customers. In order to meet the above logistics needs, the two sides agreed to sign a logistics strategic cooperation agreement. Therefore, based on the principle of equality, mutual benefit and complementary advantages, both parties will form a long-term and comprehensive e-commerce logistics strategic partnership, realize resource sharing and common development, and establish a solid foundation for future cooperation on other projects. The friendly parties reached the following agreement terms:
Definition
Product: refers to various products that are traded on Party A's trading system -_________.
Goods: Definition of products in conjunction with this Agreement.
Supplier: A supplier that trades on _________, including natural persons, legal persons, and other organizations.
Customer: refers to natural and legal persons and other organizations that purchase goods through the _________ trading system.
Price: refers to the price provided by _________ Express Co., Ltd. to _________ customers.
Party B: means all branches of _________ Express Co., Ltd.
Logistics: refers to the process in which Party B delivers the product to the customer.
Court: A court within the territory of the People's Republic of China.
Law: Law of the People's Republic of China. 2. Cooperation methods and content
Party B provides logistics services for customers who purchase goods through Party A's _________ system.
Party A provides the corresponding logistics support channel for Party B's logistics service on _________, so that Party B can provide the company's data and service prices and standards and contact information to _________ customers for selection.
After the customer selects the logistics service of Party B, Party B carries out the logistics distribution according to the delivery requirements provided by the supplier.
For the return of goods and other issues arising in the distribution, Party B shall implement paid services.
The cooperation between the two parties is not exclusive. The two parties can cooperate with other corresponding partners while cooperating.
The two sides can also further explore other ways of deep cooperation. 3. Party A's rights and obligations
Party A has the right to choose logistics service providers as its own partners in e-commerce business.
Party A has the right to assess the logistics operations of Party B within the scope of cooperation.
Party A has the right to replace unqualified logistics partners.
Party A has the right and obligation to manage suppliers who trade on the _________ business platform.
Party A is obliged to promptly notify the supplier of the customer's order in accordance with the e-commerce transaction rules.
Party A is responsible for insurance for trading products.
The price and service standards provided by Party B are the standards published by the state. Party A shall promptly provide the relevant information provided by Party B to the customer in an appropriate form.
Party A shall guarantee the benefits entrusted to Party B's logistics services, and shall not influence Party B's timely and timely benefit due to the _________ transaction technology and the transaction dispute between the customer and the supplier.
Party A is obliged to provide Party B with the settlement identity and password and abide by the confidentiality rules.
Party A is responsible for the legality of the transaction and the legality of the product. 4. Party B's rights and obligations
As a partner of Party A, Party B, as an independent third-party logistics service provider in e-commerce transactions, shall have the following rights and obligations in cooperation:
Party B has the right to request the supplier who conducts the transaction in _________ to send the goods to the designated place of Party B free of charge. If Party B is required to provide pick-up service, the price of Party B shall be negotiated between Party B and the supplier.
Party B must provide logistics services in accordance with the price and service standards published on _________.
Party B cannot unreasonably refuse and arbitrarily stop or change the contents of the logistics service, nor can it change the ownership nature of the product.
The price provided by Party B is the price from the place of shipment to the door of the customer. However, it does not include the price to pick up the goods from the supplier.
Party B is only responsible for the outer packaging of the products provided by the supplier. That is, in the case of intact packaging, Party B has proved that Party B has achieved the standard of logistics services.
Party B has the right to refuse products that have been damaged by the supplier or that have been found to have other quantity and quality problems.
Party B will only ship the goods according to the supplier's requirements. Not responsible for the right or wrong of the shipping location requested by the supplier.
Party B is responsible for the damage caused by its own reasons and the delivery of the wrong goods and losses during the delivery of the goods, and is not responsible for the right or wrong of the product quality and model.
Customer's return is the responsibility of Party A and the supplier. If Party B is required to temporarily store and provide reverse logistics services, the costs shall be borne by the supplier. Party A shall ensure that the expenses are promptly transferred to Party B's account.
Without the knowledge of Party B, Party B is not responsible for the legality of the products and the legality of the transactions.
5. Special agreement
Payment: Party A provides Party B with an online identity and password. Party A guarantees that a transaction will be transferred to the logistics revenue of Party B from the perspective of e-commerce technology. A dispute between the customer and the supplier or Party A cannot affect the agreement of this payment.
After negotiation between the two parties, both parties agree that when Party B's monthly logistics revenue exceeds _________ RMB in this cooperation, Party B shall give Party A _________% thank-you fee for the excess.
6. Product Risk Management
In view of the mutual recognition of transactions and the existence of risks in the process of logistics and transportation, Party A shall be responsible for the risk management of the products.
For the cargo insurance in the process of delivery to the customer, Party A can handle it by itself. Party B may also be entrusted to do so, but the insurance fee shall be paid in full by Party A. If Party A does not handle the cargo insurance, Party B shall not be liable for any loss or damage caused by the non-Party B responsibility caused by the product in the process of delivery to the customer.
7. Loss of goods damage
Party B shall be responsible for compensation for the loss and loss of the goods due to Party B’s reasons. The compensation method is that Party A shall compensate the customer or supplier first. The two sides then negotiated compensation matters.
8. Validity period
Validity period of the quotation: The price of the logistics service provided by Party B is valid until _________ years _________ months _________ days.
Validity Period of the Agreement: This Agreement shall enter into force on the date of signature and shall be valid until _________ years _________ months _________ days.
Any amendment to this Agreement shall be made in writing to be effective.
9. Declaration and guarantee
Party A and Party B declare and guarantee each other:
The operations and services previously carried out by Party A and Party B are in compliance with the applicable laws and regulations of the People's Republic of China and relevant countries. There are no unresolved or expected investigations by orders, decrees or orders of the courts, government agencies or regulatory agencies.
Party A and Party B comply with all the laws and requirements applicable to their business and services, and obtain any licenses and approvals required to conduct business and provide services, and there is no violation and any intention or expectation of such requirements, permits and approvals. Violation or withdrawal. 10. Confidential / not leaked
The information contained in this Agreement is confidential.
During the term of this Agreement and after termination, neither Party A nor Party B may disclose any business information in this Agreement to any third party. Any materials and information are strictly confidential.
Party A shall strictly keep the secret of Party B's id and password on _________, otherwise Party A shall compensate for the economic losses caused to Party B.
Party B and its designees shall ensure that their employees maintain the confidentiality of all information related to sales, business, customers, markets, technology, etc. in this Agreement in their trade contacts.
After the contract between the parties and the expiration of the contract, Party B shall submit the relevant information delivered by Party A and various types of data and information in the operating system. In the event that the employee of Party B has used or disclosed the above confidential information, Party B shall bear the corresponding liquidated damages to Party A. If Party A causes significant losses, Party A reserves the right to resolve the rights through legal channels.
11. Force majeure
If the service cannot be performed due to force majeure, Party B shall immediately notify Party A and take effective measures to minimize the loss.
If force majeure occurs during the service period and the product is defective, Party B shall immediately notify Party A of the force majeure and provide a detailed report within _________ days for Party A to make an insurance claim.
The signing parties hereby agree and understand that the events of force majeure in the operation include domestic wars, foreign wars, revolutions, riots, blocked waterways, project losses, blockades, blocked navigation, and other events that may cause distribution risks, legal provisions and approvals.
The occurrence of force majeure does not mean that the contracting parties may not perform the obligations stipulated in the agreement unless they are unable to perform due to the obstruction of operation.
12. Exemption from liability clause
At any time, Party B shall waive, protect and maintain Party A, and its current and subsequent actions when Party B takes action against Party A due to any violation or breach of any of its actions or any guarantees made by Party B in the performance of its duties. Supervisors, employees, employees, shareholders, agents, or personnel and affiliates are not responsible for any liability, loss, claims, damages, government actions, and all costs.
At any time, Party A shall waive, protect and maintain Party B and its current affairs when Party A takes action against Party B due to any wrongful acts or omissions or any breach of warranty made by Party A in the performance of its duties. And subsequent supervisors, employees, employees, shareholders, agents, or personnel and affiliates are not responsible for any liability, loss, claims, damages, government actions, and all costs associated with them.
13. Termination of the agreement
If Party A is dissatisfied with Party B's performance and safety behavior, or Party B does not fully comply with all relevant laws and regulations or violates the provisions of this Agreement, Party A has the right to suspend or terminate this Agreement, and shall punish according to breach of contract or inaction. Compensation.
14. Dispute resolution
This Agreement shall be governed by the relevant laws and regulations of the People's Republic of China. When there is any objection to the interpretation, execution or termination of this Agreement, it shall be settled through negotiation between the two parties. If the parties cannot reach an agreement through negotiation, either party has the right to file a lawsuit with the people's court of competent jurisdiction in Beijing. . This Agreement shall enter into force after the signature and seal of the representatives of both parties. The two parties hold two original copies of the agreement.
person A person B:_________
Authorized representative: _________ Authorized representative: _________
_________Year ____________________________________________
Signing location: _________ Signing location: _________
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