Contract format
The first is the theme of the contract:
Party A:
Legal representative:
Address:
Postal code:
Party B:
Legal representative:
Address:
Postal code:
Third party:
Legal representative:
Address:
Postal code:
Contract content:
Through friendly negotiation, based on the principle of equality, mutual benefit and common development, the following cooperation agreement is reached on Party B's provision of xxxx services to Party A's customers:
1. Both parties agree that Party B will provide xxx services for Party A;
Chapter I Definition and Interpretation
1, noun definition: (service definition)
Laws of China: Any laws and regulations currently promulgated in China.
1.2 trade secret: the technical, financial, commercial or other information owned by one party and/or its subsidiaries or affiliated enterprises that is regarded as a trade secret by that party has the following characteristics:
A, not known to the public;
B, can bring economic benefits to the obligee;
C, it is practical;
D being regarded as a secret by the obligee and taking appropriate protective measures.
1.3 effective date: this agreement shall come into force as of the date of signing.
1 4 Force Majeure: unforeseeable (or foreseeable, but its occurrence or consequences are inevitable) within the term of this agreement, which is beyond the control of either party and makes it impossible for either party to perform or fully perform this agreement: government acts, earthquakes, typhoons, fires, floods, epidemics, wars, strikes, riots, hacker attacks, technical control or any other natural or man-made ones.
1.5 term of cooperation: the term of this agreement mentioned in the agreement.
2, explain:
2. 1 The date mentioned in this agreement is the Gregorian calendar day, and the business day mentioned in this agreement refers to the legal business day in China.
2.2 The headings in this Agreement are for reference only and shall not affect the meaning and interpretation of any part of this Agreement.
2.3 All references to chapters, clauses and paragraphs refer to the chapters, clauses and paragraphs of this Agreement.
Chapter II Statements and Warranties
1. legal status: each party represents and guarantees that it is qualified to engage in the transactions under this agreement, and the transactions mentioned are in line with the provisions of its business scope; 1. 1 has full authority to conclude this agreement and perform its obligations under this agreement; 1.2 its authorized representative has full authority to sign this agreement on its behalf (the original power of attorney shall be submitted to the other party for filing); 1.3 As far as it knows, it has disclosed to the other party all documents issued by the government departments in its place of registration or business that may have a significant adverse impact on its performance of obligations under this Agreement;
2. Legal effect: 2. 1 From the effective date, this agreement is legally binding on both parties. 2.2 Each party guarantees that the signing and performance of this Agreement and the planned commercial transactions under this Agreement will not violate the laws of China in any way.
Chapter III Contents and Methods of Cooperation
1, cooperation content: 2, cooperation mode
Chapter IV Rights and Obligations
1. Rights and obligations of Party A: Rights and obligations of Party B.
Chapter V Income
1. Settlement currency: 2. Settlement period: 3. Settlement method: 4. Settlement process:
Chapter VI Term of Cooperation
1. term of cooperation: the term of cooperation between the two parties is x years, that is, from xx,200x to xx,200x.
2. Extension: Either party can put forward an extension in writing to the other party within xx days before the expiration of the cooperation period, and can sign a renewal agreement after mutual consent.
Chapter VII Liability for Breach of Contract
1. General breach of contract If either party violates the obligations stipulated in this agreement, the breaching party shall immediately stop the breach of contract after receiving the written notice from the observant party requesting to correct its breach of contract, and compensate the observant party for all losses suffered as a result within 10 days. If the breaching party continues to breach the contract or fails to perform its obligations, the observant party has the right to terminate this agreement in advance and compensate the breaching party for all its losses.
2. If both parties are at fault, they shall bear their respective liabilities for breach of contract according to the actual fault degree of each party.
Chapter VIII Taxation
1. Each party to this agreement shall independently bear any taxes and fees payable for performing their obligations under this agreement according to the laws of China.
Chapter IX Termination
1. Termination of this Agreement shall be terminated under any of the following circumstances:
1. 1 When the cooperation period expires, both parties decide not to renew the contract;
1.2 The observant party terminates this Agreement;
1.3 Either party declares bankruptcy or enters liquidation or dissolution procedures;
1.4 If the force majeure lasts for more than thirty (30) days, either party shall give a written notice to terminate this Agreement.
2. Matters after termination
2. 1 Within fifteen (15) days after the termination of this agreement, both parties shall cancel the link between their systems.
2.2 The termination of this Agreement shall not affect the outstanding settlement obligations before the termination of this Agreement.
Chapter X Applicable Law and Dispute Resolution
1. Applicable law: The signing, validity, interpretation and execution of this agreement and the settlement of disputes under this agreement shall be governed by the laws of China.
2. Consultation and mediation: Any dispute arising from the interpretation and implementation of this Agreement shall be settled first by both parties through friendly negotiation (or mediation by a neutral third party). If the dispute cannot be settled within 30 days after negotiation, either party may submit the dispute to arbitration.
3. Arbitration:
3. 1 Any dispute submitted for arbitration shall be submitted to "xx Arbitration Commission" for arbitration;
3.2 All arbitration proceedings shall be conducted in Chinese;
3.3 The arbitral award is final and binding on both parties. Unless otherwise awarded by the arbitration tribunal, the arbitration fee shall be borne by the losing party, and any arbitration award may be executed by a court having jurisdiction over the losing party or its property;
3.4 During the arbitration, both parties shall continue to perform the part of this agreement that has not been submitted for arbitration.
Attachment:
As an integral part of this contract, the annexes to this agreement have the same legal effect as this agreement.
Matters not covered:
Matters not covered in this agreement shall be settled by both parties through negotiation, and the agreed contents shall be determined in the form of supplementary agreement, which shall have the same effect as this agreement after being signed and sealed.
(Signed and sealed by both parties to the contract)
Fan Wen:
Party A: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _
Based on the principles of voluntariness, equality, fairness, honesty and credibility, Party A and Party B have entered into this contract through friendly negotiation in accordance with relevant laws and regulations of People's Republic of China (PRC), for mutual compliance.
Article 1 Within the scope of this contract, the relationship between the two parties is determined to be cooperative. In order to expand the market and better serve consumers, according to the company's plan, Party A agrees that Party B will join the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 The purpose of concluding this contract is to ensure that Party A and Party B faithfully perform their obligations and rights stipulated in this contract. Party B conducts economic activities as an independent enterprise legal person or operator. Therefore, he must abide by the same legal requirements for all enterprise legal persons or operators, especially the rules on qualifications and social and financial business requirements. As an enterprise legal person or operator, Party B shall bear all risks in its activities and make profits through legal operation. Party B is not an agent of Party A, nor is it an employee or partner of Party A. Since Party B is not an entrusted representative of Party A, Party B has no right to sign a contract in the name of Party A, so Party A will be liable to the third party in any way, otherwise Party A will bear the expenses and undertake any obligations. The conclusion of this contract does not grant Party B any right to bind Party A or its affiliated enterprises, and Party A has the final right to interpret any terms of this contract.
Article 3 The term of validity is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 In order to better manage the area under the jurisdiction of Party B, Party A shall develop and provide marketable products, ensure that the product quality meets the standards, reasonably price and ensure the supply of Party B to the greatest extent. During the term of this contract, Party A promises to actively assist Party B to undertake the functions of market logistics and organization, design the market and expand the market network according to Party A's plan. Party A promises to consign the goods and related matters for Party B according to Party B's requirements, and transport them to the place designated by Party B in the way required by Party B, and the transportation and insurance expenses shall be paid by the beneficiary Party B. Party A shall provide appropriate training and guidance to Party B.. As a necessary condition for market development and business expansion, ensure the continuous unity of the whole system.
Party A is responsible for organizing brand promotion, cooperating with Party B, which undertakes the functions of market logistics and organization, to carry out regional promotion activities and support Party B's operation to the maximum extent. Before the advertising and promotion activities, Party A shall inform Party B of the relevant activity materials, so that Party B can make preparations and respond before the activities. Party A shall determine the vis image design of Party A's brand and products, relevant light box advertisements, pop advertisements, interior and exterior decoration design and furnishings of the store, and provide corresponding guidance to Party B. ..
Article 5 Party B shall protect Party A's trademarks and other intellectual property rights and standardize the use of Party A's trademarks. Party B has the obligation to assist Party A in counterfeiting and market supervision. Report acts of unfair competition such as counterfeit and shoddy products and commodity smuggling and provide evidence. Cooperate with Party A to coordinate and communicate with relevant local law enforcement departments. Party B can only conduct business in the area authorized by Party A, and shall not sell goods in other areas. If there is no area operated by other dealers, Party B must apply to Party A for business expansion.
Party B can only purchase goods from the purchase channels designated by Party A, and cannot take goods from other places. Through market segmentation, orderly management and reasonable layout, effectively support the supply of outlets, and may not operate other brand products or sell counterfeit products. Within the validity period of this contract, the retail price of outlets in Party B's area shall remain uniform within the price range suggested by Party A, and the price shall not be adjusted substantially at will. Party B has the obligation to collect the required market information for Party A, or conduct market research according to Party A's requirements, and make a summary report to Party A within the specified time limit. Keep Party B's business records for Party A's verification.
Article 6 Party B has the right to use the trademark, trademark logo and vis image design within the scope authorized by Party A, and to use the business technology and business secrets provided by Party A within an appropriate scope. Party B has the right to purchase goods from the channels designated by Party A and sell them within the scope stipulated in the contract. Party A has the right to unconditionally return the products provided by Party A due to its own quality problems, but Party B should take care of Party B's business problems, the right to receive the training and guidance provided by Party A, and the right to independently handle matters other than those stipulated in the contract. Exercise the rights granted by Party A within the scope agreed in this contract. Party B undertakes the functions of market logistics and organization, and has the right to recommend and evaluate the distributors or retailers within its jurisdiction. However, the recommended dealers and retailers must apply to Party A, sign a contract and be issued a certificate by Party A before they can operate.
Article 7 If Party B violates this contract, that is, illegal business operation, making and selling fake goods, malicious goods smuggling, infringement of Party A's intellectual property rights and other serious violations of Party A's legitimate rights and interests, this contract shall be deemed to be terminated immediately. Party A has the right to take the following measures against Party B:
1. Party B is ordered to dismantle all light boxes and all related decorative appliances, store decoration and publicity materials at its own expense. Party B shall bear all losses of investment in software and hardware equipment.
2. Put forward a law enforcement request to the relevant law enforcement departments, and seal up all goods of Party B bearing the trademark of Party A. ..
3. Request judicial law enforcement organs to investigate Party B's compensation liability and legal liability according to law. Meanwhile, Party B must
(1) Settle the financial relationship with Party A (the supplier designated by Party A).
(2) Party A's goods shall not be sold again.
(3) Must bear the customer's follow-up service costs, including returns, maintenance, claims, etc.
Article 8 Party A's trademark belongs to Party A's intellectual property rights and is protected by national laws. The logos of all related products belong to Party A. Without Party A's prior written authorization, Party B shall not use Party A's name, trademark, company logo and other contents and logos related to the company's intellectual property rights for industrial and commercial registration, investment attraction, advertising, etc. The logo provided by Party A shall not be used for any transaction other than this contract. Party B promises not to print relevant trademarks, logos and advertisements without authorization; Do not make certificates, certificates, business cards, cards, bronze medals, etc. The general distributor, general agent or representative office operates without authorization; Do not arbitrarily change the unified image, make and decorate signboards, light boxes and related signs. If Party B violates the regulations, Party A has the right to terminate the contract unilaterally, and Party B shall not only bear the liability for breach of contract according to the regulations, but also compensate Party A for all the losses suffered as a result.
Article 9 If both parties are unable to perform their business due to force majeure or uncontrollable or unpredictable events, including natural disasters, wars, government actions and social unrest, the performance of this contract may be terminated. In case of force majeure, the party invoking force majeure must immediately notify the other party of the occurrence of the event in writing, fax or telex (if necessary) within 65,438+05 days, or within _ _ _ _ days from the date when the communication obstacle is eliminated. If he fails to complete it within the above time limit, he will not be able to continue to benefit from this contract.
This contract shall be governed by the laws of People's Republic of China (PRC).
Article 10 In case of any dispute over the existence, validity, performance, interpretation and termination of this contract, both parties shall settle it through friendly negotiation. If the dispute cannot be settled through consultation within three months from the date of occurrence, or either party refuses to negotiate, either party may bring a lawsuit to the people's court where this contract is signed, requesting a ruling.
Article 11 The place of signing this contract is Nanjing. This contract is made in duplicate and shall come into effect as of the date of signature by both parties. Each party holds one copy for the record, and the copy is invalid. Party B hereby confirms that it has signed this contract, read and understood the terms listed in this contract, and agrees to be bound by it.
If a clause is deemed inapplicable or invalid, it can be changed and modified in the supplementary contract of this contract. The inapplicability or invalidity of this clause shall not affect the validity of the whole contract. Changes and amendments in the supplementary contract signed at the same time have the same legal effect as this contract.
Party A: _ _ _ _ _ _ _
Official seal: _ _ _ _ _ _ _
Principal: _ _ _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _
Official seal: _ _ _ _ _ _ _
Principal: _ _ _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _