Party A: (hereinafter referred to as Party A)
Address:
company representative
Party B: (hereinafter referred to as Party B)
Address:
company representative
In order to stop commercial bribery, safeguard the legitimate rights and interests of both parties, and ensure the healthy and orderly development of business cooperation between Party A and Party B, the following anti-commercial bribery agreement is reached through friendly negotiation in accordance with the Anti-Unfair Competition Law of People's Republic of China (PRC) (hereinafter referred to as the Anti-Unfair Competition Law) and other relevant laws and regulations for both parties to abide by.
1. Party A's personnel shall not ask for or accept bribes from Party B in any form. Party B shall not violate the provisions of Article 8 of the Anti-Unfair Competition Law by using commercial bribery to sell goods.
2. Bribery as mentioned in this Agreement refers to the act of Party B offering bribes to Party A's units or individuals (not limited to legal persons) by means of property or other means in order to sell goods; Bribery and bribery as mentioned in this Agreement refers to the acceptance of property or benefits by Party A's personnel from Party B's units or individuals or through other forms.
3. The term "property" as mentioned in this Agreement refers to cash and physical objects, including red envelopes, gifts, securities (including bonds and stocks), physical objects (all kinds of high-end daily necessities, luxury consumer goods, handicrafts, collectibles, houses, vehicles and other commodities with a face value exceeding RMB 65,438+0,000) or reimbursement of various expenses. Other forms mentioned in this agreement refer to property interests such as free travel, free entertainment, debt relief, loans and guarantees, and non-property interests such as going to school, honor, special treatment and introducing relatives to work in Party B. ..
Four. The behavior of Party B's personnel selling goods for Party B by means of commercial bribery shall be regarded as the bribery of Party A. ..
Verb (abbreviation for verb) decreases.
A) Where Party B secretly gives kickbacks to Party A's units or individuals outside the account, it shall be punished as bribery; Where a unit or individual of Party A secretly accepts kickbacks outside the account, it shall be punished as accepting bribes.
B) The term "rebate" as mentioned in this Agreement refers to a certain percentage of the price of goods that Party B secretly returns to Party A's units or individuals in cash, in kind or by other means.
C) "Off-balance-sheet secrets" as mentioned in this Agreement refers to the facts that are not clearly and truly recorded in the financial accounts established according to law to reflect the income and expenditure of their production and business activities or administrative undertakings, including not being recorded in the financial accounts, being transferred to other financial accounts or making false accounts.
6. Discount
A) Party B can give Party A a discount in an express way when supplying goods. If Party B gives Party A a discount, it must be recorded truthfully. B) The discount mentioned in this Agreement, that is, the profit-making in commodity sales, refers to the price preference given to Party A by Party B in an express and truthful way, including deducting the price according to a certain proportion when paying the price and returning it according to a certain proportion after paying the price.
C) The terms "express" and "entry" in this agreement refer to clearly and truly recording the amount and payment method agreed in this contract in a legally established financial account that reflects the income and expenditure of Party A's production and operation activities or administrative undertakings in accordance with the provisions of the financial accounting system.
Seven. Gifts and giveaways
A) Party B shall not give cash or articles to Party A, its staff or representatives. However, unless advertising gifts or souvenirs with a face value of less than 65,438 yuan+0,000 yuan are given in accordance with commercial practices, they will be regarded as commercial bribery.
B) The small advertising gifts mentioned in this Agreement refer to the gifts made by Party B to promote its products, and the market price must be within 65,438 yuan+0,000 yuan.
C) The "small souvenir" mentioned in this agreement refers to the souvenir provided by Party B to thank Party A's personnel for their efforts in the process of cooperation, and the market price must be within RMB 65,438+0,000.
Eight, prohibit commercial bribery or corruption.
A) Except that Party B can provide Party A's staff or agents with working meals not higher than 50 yuan per person due to business needs, both parties agree to prohibit the following acts of staff or agents of both parties as commercial bribery or graft:
1. Party A and its staff demand or accept all economic benefits such as kickbacks, commissions, securities, gifts and objects from Party B in any way.
Two. Party B and its staff provide all economic benefits such as kickbacks, commissions, securities, gifts and objects to Party A's staff or agents, including but not limited to this article and the following clauses:
1. Party B and its staff shall reimburse Party A's staff or agent for personal expenses;
2. Entertain employees or agents of Party A or invite them to participate in recreational activities without the consent of the director of Party A;
3. Introduce or accept the relatives and friends of Party A's employees or agents to work in Party B;
4. Propose or actually allow Party A's staff or agents to participate in Party B's equity participation or business activities;
5. Provide or organize compensation activities such as travel to Party A's employees, agents and their relatives;
6. Providing loans to Party A's employees or agents;
7. Other acts that violate national laws and regulations or business ethics;
8. Other acts that affect fair trade.
Nine, commercial bribery and unfair competition punishment
A) Where Party B violates this Agreement and engages in commercial bribery or graft, Party A has the right to unconditionally terminate all commercial cooperation relations with Party B and demand Party B to pay a penalty of RMB 1 10,000 to RMB 200,000; Party A has the right to deduct the unpaid money or deposit, and Party B shall make up the difference.
B) If Party A's personnel accept bribes, Party A will unconditionally dismiss them and confiscate all their illegal income; If the circumstances are serious enough to constitute a crime, they shall be transferred to judicial organs for criminal responsibility according to law, or reserve the right to pursue their legal responsibility.
X. Commercial bribery shall be subject to the supervision and inspection of the auditing departments of Party A and Party B or the senior leaders of the company.
XI。 Obligation to assist
A) If Party A's employees ask Party B to give them any form of improper benefits, Party B must complain in time, provide relevant evidence to Party A, and handle it after verification by Party A, and keep it confidential for Party B. For Party B's assistance, Party A will give Party B more business opportunities according to the situation. If Party B does not complain, it shall be deemed that Party B has violated the provisions of this Agreement and agreed to pay liquidated damages to Party A in accordance with Article 7 of this Agreement.