Agency Business Contract
Party A: Shenzhen Spurlandi Clothing Co., Ltd.
Party B: _______________________
Party A and Party B have negotiated friendly , based on the principle of mutual benefit and reciprocity, *** jointly develop the sales of Caiyunni and DDCO brand clothing series products, and have reached the following agreement.
Contract details:
1: Grant of operating rights
1. Party A grants Party B the operating area of ??______ province to operate Caiyunni and DDCO brands as an agent The series of women's clothing is valid from ______month______day of ______year to ______month_____day of ______year______, and is valid for one year.
2. The preliminary opening date of the specialty store or counter is ______year______month______. When the contract expires, Party B shall submit a renewal application in writing one month in advance. At the same time, Under such circumstances, Party A may give priority to Party B's application for contract renewal.
3. Party B will operate _____ counters/specialty stores in the first phase, located at _____, ______, _____, ____, and _____, and shall file them with Party A in written form. If Party B's business location changes (increase or decrease), it must be reported to Party A for filing.
Two: Benefits and Obligations
1. When signing the contract, Party B needs to pay a contract deposit of 20,000 yuan. If Party B violates Party A’s rules and regulations, Party A will treat Party B’s breach of contract as serious. The right to treat the security deposit as liquidated damages.
2. When opening a specialty store (counter), Party A will design a decoration plan for Party B free of charge (store design, product and window display design, light box advertising, poster promotion standards and specific design drawings, including wall , floors, ceilings, shelves, cashier counters and other special props) Party B must decorate in strict accordance with the decoration drawings, and the decoration costs shall be borne by Party B.
3. In order to better grasp the market, Party B needs to provide Party A with a local market information feedback form and weekly sales report before 10:00 am every Monday. Fax the inventory count sheet to the company on the first of every month so that the company can make timely adjustments for special markets.
Three: Business operations
1. The goods sold in Party B’s specialty store (counter) must be legal goods provided by Party A. Counterfeit and shoddy goods and other goods are not allowed to be displayed or sold in the store. Branded goods.
2. Party A sells Caiyunni to Party B at a discount of 3.2% off the unified retail price and DDCO3. Party A provides the corresponding value-added tax invoice based on the settled price and collects taxes from Party B in accordance with national tax laws. Party B must Payment must be made in full before picking up the goods.
3. Party B orders ______ fashion. In order to ensure the integrity of ______ fashion series, Party A stipulates that the first order of each fashion must be in the same size and color.
4. In order to better display the image of Caiyunni and DDCO, Party B shall provide a specialty store or counter of no less than 40 square meters for the sales of Caiyunni and DDCO series of clothing.
Four: Product Exchange
1. The first batch of goods can be 100% exchanged for unsold styles of the same style and color within one month of distribution by the company.
2. Franchisees can enjoy the company’s uniform 20% exchange rate for the styles they choose and the new samples sent to customers.
3. Reordered goods cannot be exchanged.
4. The goods that Party B wants to replace must be submitted within one month after picking up the goods. (Limited to exchange for products of the same season)
5. If there are quality problems, Party B must return the goods within 7 days after receiving the goods, and Party A is responsible for replacement. (Freight charges shall be borne by Party B.)
6. Party A has the right to exchange various goods of Party B at any time.
7. The goods returned by Party B must be clean, intact and have complete and clean tags, otherwise Party A has the right to return them.
Five: Shipping Methods and Responsibilities
1. After Party A receives the payment from Party B, the goods will be sent out in a timely manner. The shipping methods generally use air transportation, China Railway Express and truck transportation (freight) Party B shall take care of it by itself).
2. When the goods arrive, Party B should first confirm whether the weight and number of pieces are completely consistent with the invoice. If there are any problems, they should be unpacked and solved promptly on the spot, and relevant certificates should be presented so that Party A can coordinate and deal with them in a timely manner. If there is no response within three days, Party A will treat the product as arriving correctly.
3. In principle, according to transportation requirements, all goods are required to be insured. If you do not participate in insurance, you can promise to Party A to bear all losses incurred.
Six: Attachments provided
Daily sales management must be carried out in accordance with the unified model of Party A’s exclusive store, including unified image logo, special hangers, VIP cards and sales receipts, etc. The expenses shall be borne by Party B bear. Corresponding clothing albums, promotional newspapers and magazines, shopping bags, promotional brochures, etc. are provided by Party A free of charge (if the quantity exceeds the limited quantity, corresponding costs must be paid).
Seven: Contract termination and liability for breach of contract
1. Expiration of the contract.
2. If Party B breaches the contract and Party A notifies it in writing, and the defaulting party fails to correct or take remedial measures within one month, this agreement will be automatically terminated.
3. Within one month after signing the agreement, Party B still has not opened a store.
4. Party B has stopped purchasing and not sold Party A’s products for more than one month due to its own reasons.
5. Without the consent of Party A, Party B sells Caiyunni and DDCO brand clothing across regions.
6. Those who copy Caiyunni and DDCO clothing styles or design, produce and sell them by themselves.
7. After the contract is terminated, all props related to Caiyunni and DDCO brand logos in Party B’s stores must be removed. Party B may not use them for other purposes without Party A’s permission, otherwise Party B will bear relevant legal liabilities.
Eight: Others
1. For matters not covered in this agreement, a written supplementary agreement can be signed by both parties and will also be legally binding.
2. This agreement is made in duplicate, with Party A and Party B each holding one copy.
3. This agreement will take effect from the date of signing. The signing place is Shenzhen. Party A: Shenzhen Sipulandi Clothing Co., Ltd. Party B:?
Address: Xiameilin Welfare Works, Futian District, Shenzhen Address:
Second Floor, Building 1, Industrial Zone
Signing representative:?Signing representative:?
Tel: 0755-83116659? Fax: Signing date: Year?Month?
Software Sales Agency Contract
Party A: Beijing XX Software Co., Ltd.
Party B: Beijing XX Co., Ltd.
In accordance with the provisions of the "Contract Law of the People's Republic of China" and other relevant laws and regulations, in line with the principle of equality and mutual benefit, Party A and Party B specifically enter into this Agreement to cooperate in the promotion and application of software. contract, and agree to abide by the following terms:
1. Definitions:
Unless otherwise provided in the terms or content of this contract, the following terms have the following meanings:
1. Software product: refers to software that has been commercialized and published publicly, and for which Party A, as the right holder, can authorize sales and provide technical support and services.
2. Agency sales: means that the transferee of software rights is allowed to exercise the right to display and sell software products. Agency sales includes agency sales or distribution.
3. Intellectual property rights: refers to the patent rights, copyright (copyright), trademark rights, business reputation and trade secret rights enjoyed by obligees in accordance with relevant Chinese laws and international treaties.
4. Technical support: At the request of software users, solve various technical problems arising during the software application process for users; at the request of Party B, train sales and technical personnel for Party B to enable the above personnel to master technical support Technical knowledge required in , sales and other services.
5. After-sales service: refers to the provision of product returns, exchanges, software maintenance, upgrades and other services for Party B and Party B’s users;
6. Supplementary agreement and attachments: refers to the main The remedial clauses or subsidiary contracts of a contract have the same effect as the main contract.
2. Products of authorized sales agents
During the validity of this contract, Party A, as the right holder, legally authorizes Party B to sell software products as agents: Software, software version: .
3. Contract term and authorized sales area
1. The term of this contract is from month day to year month day, 2006.
2. Party A authorizes Party B to be the exclusive general sales agent for the above products, with the sales area covering the whole country.
IV. About Party A
Party A is an independent legal person and owns the complete intellectual property rights of the software. Party A issues company-related information to Party B.
5. About Party B
1. Party B is a company with independent civil capacity. Party B provides Party A with business license and other documents.
2. Party B has the computer knowledge, network knowledge and basic implementation and maintenance capabilities required to complete daily business, and understands and is familiar with the installation and use of software and the solution of common problems from the perspective of application technology.
VI. Rights and responsibilities of both parties
(1) Rights and responsibilities of Party A
1. Party A provides Party B with good market prospects and market competition Powerful, reliable performance software products.
2. Party A supports Party B in carrying out marketing and sales of software products.
3. Party A shall provide the technical support required by Party B and the support required by Party B in product sales.
4. Upon agreement with Party B, Party A has the right to make necessary adjustments to the product strategy, market strategy and price strategy of the software product.
5. Party A has the right to require Party B to jointly maintain market order. If Party B does violate the provisions of the contract and disrupts order, Party A has the right to make a penalty decision up to and including the cancellation of Party B's authorized sales agent rights.
6. Party A guarantees the authenticity of the intellectual property status of the software products, and provides comprehensive after-sales service and lifelong maintenance for customers who encounter failures during the use of the software. Otherwise, any disputes arising therefrom and all losses caused thereby shall be borne by Party A.
7. Party A should publicize Party B’s agency status in a prominent position on the company’s website and explain Party B’s contact information to customers. Provide customers with product maintenance, upgrades and online troubleshooting.
8. Party A is committed to providing the best operating environment for Party B and promises not to get involved in distribution and retail in the authorized sales area. During Party B’s cooperation as the sales agent of Party A’s products, Party A shall not establish Second distribution agent.
9. In order to protect Party B’s publicity and promotion and cost investment, customers in Party B’s sales area will be regarded as Party B’s customers regardless of whether they have had contact or negotiation with Party B. Party A shall not supply the goods stipulated in this agreement to buyers within the distribution area without authorization. If there is any inquiry, it should be conveyed to Party B for negotiation. If a buyer wishes to order directly from Party A, Party A can supply the goods on the premise that Party A sends a copy of the relevant sales contract to Party B in advance and obtains Party B's consent, and the transaction should be concluded within three days after receiving the payment. Party B will be given a commission of % of the invoice amount.
(2) Rights and responsibilities of Party B
1. When signing the contract, Party B shall provide Party A with a copy of B’s legal person business license and tax registration certificate that have been inspected annually by the industrial and commercial department. Copies of ID cards of the legal representative and general manager. If there is any change, please submit a written description of the change and the relevant documents after the change at any time.
2. After Party B obtains Party A’s software product sales authorization, it can carry out business work and channel development as Party A’s general software sales agent within the time and region specified by the authorization. Party B may develop sub-agents in the areas under its jurisdiction, and Party B shall be fully responsible for the activities of such sub-agents. Party B has the right to indicate in advertisements and letters that it is Party A's authorized dealer.
3. The copyright, copyright and other intellectual property rights of the computer software system sold by Party B for Party A are always owned by Party A. Party B shall not reproduce, copy, decrypt, decompile, disassemble or otherwise reverse engineer the software system alone or with any third party. Otherwise, Party A has the right to pursue Party B's legal liability and demand compensation for economic losses (the compensation shall not be less than RMB 100,000).
4. Party B can obtain the promotional materials, sales and technical service materials of Party A’s software for free.
5. All Party A’s products sold by Party B must be obtained legally from Party A, and illegal channel versions of the products shall not be sold. When Party B provides products to users, it must ensure that one copy of Party A's products is only provided to one user, and ensure that the products are provided to the end user.
Party B shall not provide Party A's products to any unit or individual who wants to use Party A's products to make profits or distribute them without Party A's consent. No other methods may be used to illegally sell or distribute Party A's products, causing losses to Party A. Party B also cannot produce or sell software products that are competitive with Party A’s products.
6. In the process of selling and promoting Party A’s products, Party B shall strictly abide by the legal provisions of intellectual property rights and safeguard Party A’s interests and image. Party B is responsible for the sales promotion, software installation and debugging of the software, treats customers with a sincere and enthusiastic attitude, pays attention to safeguarding the interests and image of both parties, and handles product use issues and opinions raised by customers in a timely manner. Those that are due to technical procedures should be contacted in a timely manner. Contact Party A, who will provide technical support and consultation.
7. When Party B sells software, the actual sales price shall not be lower than the base price specified by Party A, that is, RMB/set. If changes are really necessary, Party A's consent must be obtained.
8. Party B needs to submit complete final customer information to Party A (including the name of the final customer, contact information, contact person, date of use, etc.), otherwise, Party A will not be responsible for its after-sales service, system Upgrade or technical support work.
9. Party B shall operate in good faith and abide by the law, and bear independent legal responsibility for its own business activities.
7. Confidentiality Principle
Party A and Party B shall strictly keep confidential the sales, market, inventory, prices, agency rules and other information involved in the performance of the agreement and shall not disclose it to a third party.
8. Price and rebate policy
1. The public price of " " software is: Yuan/set. The sales price of Party A's supplies to Party B is a discount of the public price, that is, RMB/set.
2. Rebate policy:
If Party B’s sales volume within a year is within the range of one set to one set, Party A will provide % of the sales volume as a rebate to Party B as an incentive commission. ;
If Party B's sales volume within one year is between one set and one set, Party A will provide % of the sales volume as a rebate to Party B as an incentive commission;
If Party B first If the sales volume within the year is above the set, Party A will provide % of the sales as a rebate to Party B as an incentive commission;
If Party B’s sales volume within a year does not reach the set, Party A will not provide The rebate will be given to Party B as an incentive commission;
9. Ordering, payment and freight
1. When Party B orders from Party A, he must fill in the "Tianyuan Technology Software Product Order Form" (Annex 1) ), signed or stamped by the person in charge, stamped with the company’s official seal, and faxed to Party A’s marketing department.
2. After Party A receives the order form, the goods will be dispatched within days after payment is received. Party B should fax the copy of the payment voucher to Party A as soon as possible so that shipment can be arranged as soon as possible.
3. The transportation method and arrival place of the goods shall be subject to the requirements of Party B’s order form.
4. Party A shall bear the freight of the software products ordered by Party B.
10. Product Return
1. If the software cannot operate normally due to product quality problems, Party A is responsible for free return and exchange and bears related costs;
2. If the packaging of the product is damaged during transportation, Party A is responsible for free return and replacement and bears the relevant costs.
11. Financial Settlement
1. Party B has the right to determine the software sales price based on market conditions, but the price shall not be lower than the product base price.
2. The amount that the actual sales price of the software is higher than the base price of the product shall be regarded as Party B’s commission for agent sales.
12. Cancellation and Termination of Contract
This contract can be terminated by consensus reached by both parties. In addition, this contract can also be terminated under the following circumstances, but the party initiating the termination shall notify the other party in writing one month in advance:
1. Due to major difficulties in the business conditions of one party to the contract, it is on the verge of bankruptcy and enters legal reorganization. During the period or liquidation, the other party may terminate this agreement.
2. Because one party to the contract fails to perform its contractual obligations or breaches the contract, and the other party fails to perform or takes remedial measures after being notified in writing for a certain period of time, the other party's expected benefits of the contract cannot be realized or it is no longer necessary to continue to perform. The other party has the right to terminate this contract.
If the contract is terminated or the contract is naturally terminated upon expiration, both parties shall still perform the unfinished contract obligations and arrange after-sales service matters for the sold products.
13. Liability for breach of contract
1. If Party A sells products directly to customers without notifying Party B and paying commission, it is a breach of contract and shall pay Party B twenty An amount equal to the sales amount will be used as liquidated damages to compensate Party B for commercial publicity and promotion expenses.
2. If Party A develops other sales agents without Party B’s consent during the term of this contract, it shall pay Party B liquidated damages
10,000 yuan.
3. If Party B violates the agreement and sells or distributes the software, it is willing to compensate Party A for the number of copies sold or distributed in violation of the agreement at an amount twenty times the market retail price of the software sold or distributed. .
4. If Party B violates the agreement and infringes Party A’s intellectual property rights, it is willing to accept a financial claim of no less than 500,000 yuan from Party A.
5. Without justifiable reasons stipulated in this contract or law, neither party shall unilaterally terminate this contract, otherwise it shall pay liquidated damages of RMB 10,000 to the other party.
6. If one party's breach of contract causes losses to the other party, in addition to compensation for the losses, it must also bear other liability for breach of contract.
7. If one party causes losses to a third party due to improper performance of the contract, it shall bear the liability for compensation.
14. Dispute Resolution
If any dispute arises between Party A and Party B due to the performance of this contract or the interpretation and application of any terms of this contract, Party A and Party B shall resolve it through Resolved through friendly negotiation. If the dispute cannot be resolved through negotiation, either party shall have the right to bring a lawsuit to the people's court with jurisdiction.
15. Others
1. For any matters involving the supplement, change, or termination of this agency contract, both parties can negotiate and sign a supplementary agreement as an attachment to the contract. The contract attachments have the same legal effect as this contract.
2. Faxes of product purchase orders and other business transactions between the two parties have the same legal effect as this contract.
3. This contract is made in duplicate, with each party holding one copy. It will take effect after being signed and sealed, and has the same legal effect.
4. The *** page of this contract is stamped with a seam seal on the right side of the contract page.
Party A: XX Co., Ltd. Party B: XX Co., Ltd.
Legal representative: Legal representative:
Business contact: Business contact:< /p>
Address: Address:
Postcode: Postcode:
Tel: Tel:
Fax: Fax:
Date: Date: