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Software application agreement


Party A: _________

address:_________

Account opening: _________

account number:_________

Party B: _________

address:_________

Account opening: _________

account number:_________

In order to speed up the dissemination of information resources, improve office efficiency, and save office and information publishing costs, Party B will use Party A's _________ system software platform to reach an agreement after friendly negotiation between Party A and Party B.

Chapter 1 Cooperation

Article 1 Party A shall provide stable technical support and quality services to Party B as the provider and operator of the _________ software platform _________.

Article 2 Party B shall use Party A's _________ system software platform to provide mobile phone users with in-house and external newsletter service and enterprise internal newsletter.

Article 3 Confidentiality Clause

Both parties may be aware of the other party's business plans, customer information, technology, products and other secret information as a trade secret of the party. Confidential information includes all tangible or intangible information that is identified as a secret and is owned by the confidential information disclosure party, unless disclosed or permitted by the disclosing party or for the purposes of this contract (by law or as a counsel).

Article 4 Intellectual property rights

Except as expressly permitted or granted herein, this Agreement does not involve any technology transfer, and all rights are included and covered in Party A's newsletter technology, and property rights and interests are owned by Party A. Except as expressly permitted herein, this Agreement does not transfer any of Party A's technology to Party B.

Chapter II Rights and Obligations of Party A

Article 1 Party A provides _________ system software platform, system upgrade, technical maintenance and other work.

Article 2 Party A guarantees that Party B's newsletter communication will be unblocked under the appropriate communication conditions, and that the SMS sent by Party B to Party B's users shall be promptly and accurately transmitted to Party B's mobile phone. Appropriate communication conditions mean: a. The mobile phone of Party B's mobile phone is normally connected to China Mobile and China Unicom's network; b. The network of the relevant network operator is working normally; c. The mobile phone SIM card of Party B is China Mobile and China Unicom sim card; d. Party B users pay relevant information fees on time.

Article 3 Party A has the right to filter or refuse to transmit short messages that do not conform to the prescribed content in accordance with relevant laws and regulations.

Chapter III Rights and Obligations of Party B

Article 1 Party B shall have the right to use the _________ system software and the transmission right of the newsletter during the cooperation period.

Article 2 Party B shall properly keep its own account name and password, and strictly abide by the relevant laws and regulations of the State for the transmission of the newsletter. You may not transmit a newsletter to a mobile phone user who has not authorized to receive Party B's newsletter, and may not operate a business that is in contact with Mobile Monternet. The transmitted object may not be transmitted in the form of a mobile phone number segment. Otherwise, Party A has the right to stop Party B's SMS account. .

Article 3 Party B shall not transmit the contents of the brief message containing the following contents: illegal, harassing, slanderous, insulting, intimidating, harmful, vulgar, obscene information; instigating others constitutes a crime Information on conduct; information that endangers national security; and any information that does not comply with national laws, international practices, and local laws.

Article 4 Party B shall not transmit advertising services that mobile phone users are unwilling to accept, and may not transmit advertising services that violate China Mobile or China Unicom's regulations and may not transmit competitor products. Party A shall not be able to advertise the advertising business in the form of a mobile phone number. If any of the circumstances is found, Party A has the right to confiscate all the deposits paid by Party B without the consent of Party B, and to deal with Party B (the total number of transmitted newsletters × 10 yuan / article) punishment. If Party B does not promptly explain or make a clear explanation, Party A has the right to sue Party B while retaining its right to sue.

Chapter IV Billing and Settlement

The first communication fee is the fee incurred by Party B using the _________ system software platform. Refer to China Mobile and China Unicom Communications Company's regulations on charging for SMS, which is RMB _________ yuan per article. Specific offers are negotiated with the regional sales manager and noted as a supplemental agreement.

If the applicable laws, regulations, resolutions, policies, orders change or the contract or tariff of Party A and China Mobile and China Unicom Communications Co., change the conditions for providing services or change the cost of providing services, Party A and Party B agrees that the new price will be negotiated to reflect this change. As a result, this Agreement cannot be continued, and Party A and Party B are not liable for any breach of contract. The price change notice shall be announced on the website of Party A at least seven working days in advance.

Article 2 The collection of communication fees may be selected by the enterprise user in one of the following two payment methods:

Bank transfer cash payment for various bank card payments

Article 3 Party B shall prepay the short message fee according to its own situation before use, and deduct it according to the number of successfully transmitted. Party B shall not pay less than _________ yuan, and Party A shall issue the corresponding invoice to Party B.

Chapter 5 Customer Service Principles

Article 1 Party A shall cooperate closely with Party B to provide Party B with perfect and excellent after-sales service.

Article 2 Party B shall regularly clean up the transmission number and leave Party B's customer service telephone (at least once a month) in the content of the newsletter, so that the mobile phone user can notify Party B of the change in time when he is unwilling to receive the newsletter. If the user complains to China Mobile due to Party B's reasons, China Unicom, Party B shall cooperate with Party A to deal with it in a timely manner, and shall compensate Party A for the corresponding losses caused by Party A.

Article 3 Billing Difference: If there is any objection to the statistical data of the information service fee between Party A and Party B, if the statistics of both parties are not more than 3%, the data of Party A shall prevail; if the error exceeds 3%, both parties shall re- Check and clarify the reasons and solve them in a timely manner according to the actual situation. If Party A causes serious losses to Party B due to Party A's technical or network reasons, Party A shall give a written resolution. If the settlement is not clear, the losses shall be borne by Party A.

Article 4 When Party B uses Party A's SMS service, if Party B's SMS transmission fails or fails due to the operator (Mobile, China Unicom) network or gateway factor, Party A shall promptly resolve and provide relevant proof and explanation to Party B. Party A may give corresponding compensation.

Chapter VI Changes to the Agreement

Changes to the Article 1 Agreement shall be valid only after confirmation by both parties in the official written file.

Chapter VII Agreement Term and Termination

Article 1 is valid for _________ years, from _________ years _________ months _________ days to _________ years _________ months _________ days.

After the expiration of Article 2 Agreement, Party A and Party B may renew the contract by consensus.

Chapter VIII Dispute and Arbitration

The parties to Article 1 Agreement shall, if there is a problem in the process of interpreting or implementing the Agreement, or have an objection, settle it in consultation on the basis of friendly principles. If the negotiation cannot be resolved, it shall be submitted to the _________ Municipal Arbitration Commission for arbitration. This Agreement applies to the laws of the People's Republic

Chapter IX Dissolution of the Agreement

Article 1 If both Party A and Party B fail or fail in the period of the agreement, the agreement will be automatically lifted.

Article 2 is an automatic dismissal of the agreement due to irresistible natural or policy factors.

Chapter X Effect of the Agreement

Article 1 This Agreement shall be jointly drafted by both Party A and Party B, and both parties shall endorse all the terms of this Agreement. In the case of other contracts signed between the parties and the agreement is different from this contract, this contract shall prevail. Unless otherwise expressly agreed by the parties.

Article 2 During the performance of this Agreement, the parties shall periodically discuss the implementation of the agreement in the form of a “memorandum” and make supplementary provisions on the problems arising from the implementation of the agreement, the solutions and the matters not covered in this Agreement. The "memorandum" and supplementary agreements produced by both parties have the same legal effect as this Agreement. The accompanying files attached to this Agreement have the same legal effect as this Agreement.

Article 3 This Agreement shall be signed by the principal responsible persons of both parties and shall be validated by the effective official seal of the company. The fax is also valid. The agreement will take effect from the date of signing.

Article 4 This Agreement is made in two copies. Party A shall hold the copy and Party B shall hold the share and have the same legal effect.

Party A (seal): _________ Party B (seal): _________

Authorized representative (signature): _________ Authorized representative (signature): _________

_________Year ____________________________________________

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