Model power of attorney for brand
In a society with rapid development, power of attorney is indispensable in many occasions. For power of attorney, the party concerned prepares it and gives one of the rights to a person he trusts. You have no idea when you draw up a power of attorney? The following is a sample of brand authorization I have compiled. Welcome to read and collect. Model brand power of attorney 1
Brand user (Party A): _ _ _ _ _ _ _ _
Brand licensee (Party B): _ _ _ _ _ _ _ _ _ _
According to the Trademark Law and the Implementation Regulations, both parties
scope of trademark authorization
1. Party A licenses the registered Class-I trademark (registration number: _ _ _ _ _ _) to Party B for use on the packaging of the products it sells.
ii. trademark identification: (attach a separate page)
iii. the license period is from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
at the expiration of the contract, if it is necessary to extend the use time, both parties shall renew the trademark license contract separately.
iv. the geographical scope of party a's permission for party b to use the trademark: e-commerce websites such as Taobao, paipai and Amazon in the people's Republic of China.
5. the form of party a's permission to party b to use the trademark is: permission to use the trademark is limited to party b's sales channels within the people's Republic of China.
Rights and obligations of both parties
VI. According to the Trademark Law of the People's Republic of China: "The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark; The licensee shall guarantee the quality of the goods using the registered trademark. " Party B must ensure that the products that use Party A's registered trademark in the products it produces meet the national requirements on the hygiene, quality, measurement, environmental protection, packaging, industry standards and legal description of the products.
VII. Party B shall not arbitrarily change the words, graphics or their combination of the registered trademark of Party A, and shall not use the registered trademark of Party A beyond the permitted product range.
VIII. Party A and Party B shall negotiate whether to continue to authorize the use of the trademark two months before the expiration of the trademark license contract. If they continue to use the trademark after the expiration, they shall re-sign the Trademark License Contract and renew the fee for filing. Otherwise, they will automatically terminate the contract.
IX. After the termination of the contract, Party B shall not use the trademark and logo authorized by Party A on the products it produces, or permit Party B to use the words specified in the product packaging, corporate plaque and publicity materials in Item 6 of this contract, otherwise Party A shall have the right to investigate its tort liability according to law.
1. within the validity period of the contract, party a has the right to supervise the quality of party b's products according to article 4 of the trademark law of the people's Republic of China, and party b has the responsibility to submit the packaging design manuscript to party a for review and filing, so as to avoid any violation of the law.
Xi. Party A authorizes Party B to use the trademark, which is based on the provisions of the Trademark Law of the People's Republic of China and the Implementation Regulations, to plan and package the corporate image and product image only for improving Party B's popularity and expanding market share. It is legally authorized and protected by law. At the same time, it should be emphasized that both parties are independent legal persons and bear legal responsibilities independently; The creditor's rights and debts of Party A and Party B, as well as legal liabilities unrelated to this contract, shall not involve the other party; The creditor's rights and debts of Party A and Party B, as well as other legal disputes and responsibilities unrelated to this contract, cannot constitute joint legal liabilities to all parties.
xii. The effectiveness of the contract shall be subject to the date of signing by both parties. Ten days after the execution date is overdue. If Party B fails to take remedial measures within 3 days after receiving the notice from Party A, Party A has the right to terminate Party B's contract and claim compensation from Party B, and the consequences arising therefrom shall be borne by Party B..
conditions for the termination of this contract:
XIII. Party B's liability for breach of contract within 1 working days after signing this contract
XIV. Party B can't legally use the registered trademark beyond the conditions such as trademark category, commodity type, area where the trademark is used, use form and use period specified in the Trademark License Contract.
XV. Party B is limited to using the trademarks authorized by Party A on the products sold by this enterprise. Party B shall not sublicense the trademark authorized by Party A to a third party for use in any form or for any reason, nor shall it be used as an investment to produce, sell and make profits with a newly established legal entity of a third party.
XVI. before using the registered trademark of party a, party b must pay all the trademark use fees in full, and shall not refuse to pay or delay for any reason. During the duration of the license contract, Party A shall not unilaterally terminate Party B's right to use the trademark (except for the clauses that meet the conditions for termination of the contract).
XVII. if both parties violate the terms in the "liability for breach of contract", the amount of breach of contract by the breaching party is RMB 1,.
applicable law
XVIII. The conclusion, interpretation, effectiveness and dispute settlement of this contract are governed and protected by the Trademark Law of the People's Republic of China and the Implementation Regulations and other relevant laws and regulations.
settlement of disputes
XIX. If there is a dispute over the contract and it needs to be amended, it must be agreed by both parties, and the written contract can be signed and submitted to the original filing and trademark office for acceptance.
2. In case of losses caused by one party's failure to perform its obligations under the contract or serious violation of the provisions of the contract, the observant party has the right to claim economic compensation from the breaching party. Both parties reached an understanding through consultation that the observant party can continue to perform the contract after receiving compensation.
XXI. If no agreement can be reached on the contract dispute, the dispute can be submitted to the Arbitration Commission of the China Council for the Promotion of International Trade for arbitration in accordance with the Arbitration Regulations of the People's Republic of China. The arbitration result is final and binding on both parties.
this contract is made in triplicate. according to the trademark law of the people's Republic of China and the implementation regulations, within three months from the date of signing, party a shall submit a copy of the contract to the trademark office of the state administration for industry and commerce for the record; Party B shall submit a copy of the contract to the local industrial and commercial bureau for filing.
licensor (party a): _ _ _ _ _ _ _ _ _ _
legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ : _ _ _ _ _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____
Tel: _ _ _ _ _ _ _ _ _ _ Fax: _ _ _ _ _ _ _ _ _ _ _ _ _
Terms:
1. Outline, scope and definition:
Party B is appointed by Party A.
2. Grant of franchise right:
After negotiation, Party A and Party B sign a letter of authorization for franchise cooperation, and Party A agrees that Party B has the right to open Party A's franchise store in this area and grant franchise right.
3. Status of the franchise store:
Party B's store is a free franchise store allowed by Party A in Party B, and Party B owns the store, and Party A only participates in the operation and management of Party B..
4. Qualification of a franchise store:
The actual business area of this store shall not be less than 4m2, and the building shall not be less than 15m2. The location is above the second-class storefront in this area, and the style and grade of decoration shall meet the requirements of Party A, and the investment of products (including the inventory shall not be less than 5, yuan).
5. Price issue:
a. Party A's supply price, the price of products provided by Party A to Party B shall be provided at the ex-factory price of Party A, and shall not be higher than the supply price of other franchisees.
b。 The price of Party B in the local market is determined according to the local market. Generally, the price difference between Party B and the head office is not more than 3%.
6. Financial and accounting matters:
Party B must fully comply with the payment regulations in the power of attorney to ensure Party A's financial operation and the good reputation of both parties. In Party B's franchise stores, Party B enjoys independent financial accounting and is responsible for its own profits and losses.
7. Equipment investment of franchise stores:
Equipment investment of Party A: Party A is responsible for the construction of machines, workshops and capital needed for the production, processing and packaging of its products.
party b: party b's investment in the storefront, interior decoration and advertising light boxes of its franchise stores, including seats and other supporting facilities according to business needs.
8. Chain operation:
Party B may, according to market needs, report to Party A for the record, and directly operate the chain operation in the local area, but it is not allowed to operate non-Party A products at the same time.
9. Designated raw materials and purchasing place:
In order to ensure the quality of Party A's products and the reputation of the company, raw materials and finished products required for operation must be uniformly distributed by Party A. If Party A does not have the products required by Party B's market, or Party A is out of stock or the products agreed by Party A are not covered by this regulation.
1. Provisions on goods exchange, damage and inspection:
Party B may apply to Party A for goods exchange, product exchange or even return goods according to business needs and actual sales conditions; Hanging damage: If the products sent by Party A to Party B are damaged due to Party A's poor packaging, Party A shall be responsible for it; If the product is damaged due to force majeure factors such as transportation, the losses shall be borne by both parties. If the product damage does not exceed 2%, it is normal loss, and Party A will not be responsible.
inspection: after receiving Party A's products, Party B must inspect the details such as quantity, quality, grade, packaging, etc. If there are any problems, it should raise them with Party A within three days after receiving the products, and at the same time show the necessary certificates, otherwise, it will be deemed that the products are qualified and the goods are sold.
11. Employment, guidance and supervision of employees
According to the actual needs, Party A and Party B may recruit and employ the employees needed in Party B's franchise stores. Party A is responsible for training the employees in Party B in various businesses and skills to meet the business needs, and Party B shall pay the employees' salaries, and be responsible for all kinds of daily management and dismissal.
12. Personnel support:
If Party B needs Party A to send personnel to train Party B's employees in professional skills during the opening period or midway, Party B shall be responsible for the expenses of Party A's management personnel and the problems of food and accommodation during Party B's stay. If it is necessary for Party A to send personnel to Party B for long-term management (more than 15 working days), Party B shall also pay Party A the salary according to Party A's salary standard.
13. Handling of accidents and customer complaints:
In the course of operation, if the customer complaints are caused by the quality problems of Party A's products, Party A shall be responsible for handling them (if the problems caused by Party B's improper storage are not within the scope of Party A's responsibility), and Party B shall be responsible for other factors.
14. Various reporting obligations:
Party B shall inform Party A of the business progress, market information, local product sales and advertisements of the previous month's business situation and sales volume within the first three days of each month. Party A shall make necessary cooperation according to Party B's business situation, and Party A shall notify Party B in time if it has new feasible sales plans and market information.
15. Management support:
When Party A authorizes Party B to join the store, it must provide Party B with all kinds of management materials of Party A's company for free, such as the daily management system of the personnel training store and all kinds of "honorary certificates" and industry information of the company.
16. Provisions on business secrets:
Both Party A and Party B shall regard the company's operation of the other party, including retail sales, as business secrets and shall not disclose them.
17. Assignment of creditor's rights and debts:
If Party A and Party B fail to operate properly, they shall notify the other party in writing, so that both parties can negotiate whether the power of attorney will be renewed or whether the partner will transfer it. Otherwise, it shall be regarded as a breach of contract and shall bear the liability for breach of contract.
18. Security deposit and joining fee:
In order to ensure the reputation of Party A's products and brands, Party B shall be supervised to operate in this area without damaging Party A's goodwill. When Party B cooperates with Party A as an alliance, it shall pay a security deposit of RMB 1,. Yuan to Party A (upon the expiration of the cooperation, Party A will return the security deposit to Party B). If there is any breach of contract in the middle, Party A has the right to deduct the security deposit and even continue to add necessary legal liabilities according to the extent of the liability for breach of contract. In order to ensure the company's continuous efforts to develop new products, improve the management level, formulate corresponding marketing strategies and Party A's intangible assets such as product registration, packaging design, etc., Party B must pay RMB 1, when joining Party A's franchise stores to ensure Party A's interests.
19. Law and litigation
a. All annexes of this authorization form the main part of this authorization;
b。 All disputes arising from the renewal of the power of attorney by both parties shall be settled in a friendly way; c。 If negotiation fails, both parties may bring a lawsuit to the people's court where the power of attorney is repeated.
2. Termination and renewal:
If either party violates any terms of this power of attorney, the other party has the right to terminate the power of attorney immediately. If Party B violates Party A's sales principles, such as dumping Party A's products, importing non-Party A's products to a third party, or importing unqualified products by itself, which affects Party A's goodwill, it will constitute a violation of the terms of this authorization.
21 this power of attorney is valid from _ _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _ _. This power of attorney is made in duplicate, each party holds one copy, and the attachment of this power of attorney is an integral part. This power of attorney comes into effect after being sealed by both parties.
party a: party b:
signature (seal):
name:
position:
time: time: brand power of attorney model 3
licensor: _ _ _ _ _ _ _
licensee. Agent □ Please note account ID: account ID and login Email), apply for authentication of account name _ _ _ _ _ _ _ _ trademark (trademark registration certificate number: _ _ _ _ _ _ _ _ _ _ _ _), and authorize it to be responsible for the content maintenance and operation management of the account related to the enterprise.
this enterprise/affiliated unit promises that the certification materials submitted to Tencent are true.