party a's huya live broadcast platform is the leading interactive live broadcast platform in China, and it also has professional live broadcast and brokerage resources; Party B has good performing ability or artistic talent, and is interested in long-term cooperation with Huya live broadcast platform to enhance its performing level and popularity. Therefore, through friendly negotiation, the two parties have reached the following agreements based on the principles of equality and mutual benefit, honesty and trustworthiness, and common development:
1. Definition:
1.1 Party A: Guangzhou Huya Information Technology Co., Ltd., which operates websites and applications related to live broadcast services, such as huya.com, clients, software and applications.
1.2 party b: the anchor, the natural person subject who has read this agreement and agreed to sign a contract with party a for specific YY number real-name authentication after full communication with party a.
1.3 anchor business: party b participates in all related affairs of online and offline live broadcast or performance of all games or entertainment, and all related activities involving party b's reputation, name, portrait, performance, copyright and neighboring rights. Including but not limited to:
1.3.1 Participating in game/entertainment performances (including but not limited to live webcasts, theatrical performances, video production and uploading, etc.)
1.3.2 Participating in the performance, shooting or recording of movies, TV dramas, MVs, advertisements, game videos and other works;
1.3.3 create and perform works, or participate in the recording of sound recordings;
1.3.4 e-commerce development, advertising undertaking, commercial endorsement and surrounding of the anchor;
1.3.5 participating in the recording or live broadcast of media and internet programs, accepting interviews and related behaviors;
1.3.6 other possible commercial activities.
1.4 Name: refers to Party B's real name, nickname, stage name, name and code given by fans, etc.
1.5 Recorded works: refers to all recorded works broadcast live by Party B during the validity period of this agreement.
1.6 audio-visual works: refers to all video audio-visual works broadcast live by Party B and recorded by Party B during the effective period of this Agreement.
1.7 materials and finished products: refers to all materials and finished products produced by Party B during the performance of live performing arts activities under this agreement, such as artists' names, portraits, images, biographical materials, etc.
ii. content of cooperation
2.1 after full communication, both parties unanimously agree that party a will be the exclusive brokerage company of party b in the world and enjoy the exclusive brokerage right of all the anchor businesses of party b. The scope of brokerage rights includes but is not limited to:
1.1.1 Internet performing arts: all performing arts activities developed and operated based on the Internet platform.
1.1.2 offline activities: refers to all commercial or non-commercial activities related to performing arts that Party B participates in.
1.1.3 business broker: refers to all commercial or non-commercial activities related to Party B's image.
1.1.4 anchor periphery: refers to all other publications of Party B and all peripheral products developed and derived from its anchor business.
2.2 during the cooperation period, party a provides party b with the platform and service resources for live broadcast, obtains the qualification of "tiger tooth artist", and provides party b with the planning of anchor business, etc.
iii. term of cooperation
3.1 term of cooperation: the term of cooperation of this agreement is 3 years, which will take effect from the date of signing the agreement.
3.2 upon the expiration of the cooperation, if both parties fail to reach an agreement on the renewal, the agreement will be automatically terminated.
IV. Rights and obligations of both parties
4.1. After this agreement comes into effect, Party B will obtain the qualification of "Tiger Tooth Artist", enjoy the service resources provided by Party B, and enjoy the exclusive rights protection and violation complaint channel provided by Party A.. According to the arrangement of operation, Party A will provide Party B with the priority right to display the category list in the live broadcast room, and the specific display form shall be subject to publicity.
4.2. Party A will give priority to signing offline cooperation agreements with Party B on specific cooperation. In order to enhance Party B's popularity and influence, Party B agrees that Party A can transfer all or part of its rights and obligations to other partners outside this agreement by means of authorization, license and cooperative operation, and Party B will cooperate and obey them.
4.3. Party B agrees that the signing of this agreement means that Party B authorizes Party A to contact, arrange and plan anchor brokerage affairs for Party B on a global scale. Party B promises to recognize all the agreements signed between Party A and the third party on Party B's performing arts brokerage work, and to do its best to actively participate in various performing arts and commercial activities arranged by Party A with a professional, punctual and dedicated working attitude, and actively cooperate with various activities initiated by Party A..
4.4. Party B promises to actively protect the corporate image of Party A, and shall not do anything that damages Party A's image or interests. Party B shall not publish comments that are not conducive to Party A through any channels (including but not limited to websites, blogs, Weibo, WeChat, QQ chat groups, players' parties, etc.), and shall not directly or indirectly instigate, entice or encourage any employee, partner, user, agent or anchor of Party A to terminate the original relationship with Party A or its affiliated companies.
4.5. Party B shall provide Party A with the required information in time according to the actual needs of this agreement and Party A's requirements, and ensure that all the information is complete, true and legal. Party B guarantees that it has the ability to sign and perform this agreement, and that its signing and performance of this agreement does not violate its commitments or obligations to any other third party, and there is no right dispute. Otherwise, Party B shall bear the losses caused thereby.
4.6. when using the live broadcast products of huya, party b shall pay attention to conform to the national laws and regulations and the interests of the public, and shall not use the website to produce, copy, publish or disseminate any harmful information prohibited by laws and regulations. If the business activities carried out by Party B using the services under this agreement need to be approved by the relevant state departments, Party B shall obtain the relevant approval or approval. Party B shall take full responsibility for the problems, impacts and consequences caused by violation of this article.
4.7. Party A has the right to use and broker Party B's name, voice, image and related rights derived therefrom, and has the right to use and authorize the partner to use Party B's name, voice, image and related derivative rights in its own activities or other commercial activities.
4.8. Party A shall not arrange for Party B to engage in dangerous, violent and illegal performance requirements and activities that damage Party B's personality, reputation and physical and mental health. Party B has the right to refuse pornography, violence, violation of mandatory provisions of laws and other performance requirements and work that damage Party B's personality, reputation and physical and mental health.
4.9. Both parties agree to distribute all the Internet performing arts income generated by Party B's Internet performing arts on Party A's live broadcast platform according to the revenue rules of Huya live broadcast platform formulated by Party A.. For the income (if any) generated by other commercial performing arts activities arranged by Party A for Party B, such as offline performing arts, business brokers, anchors and so on, both parties agree to share the relevant income, and the specific distribution scheme and payment shall be determined by both parties through negotiation.
v. Ownership of rights
5.1. The neighboring rights of the performers
5.1.2 audio and video products belong to Party A..
5.2 The intellectual property rights of video content and derivative works generated by Party B's live webcasting and explanation in China and overseas areas are owned by Party A alone, and Party A has the right to continue using the video content and derivative works after the expiration of the cooperation period without paying Party B any additional fees. Without the written consent of Party A, Party B shall not release or authorize the live broadcast materials and finished products or derivative works to a third party for use without authorization.
5.3 The intellectual property rights of the contents (including but not limited to videos, audio, news, interviews, texts, portraits, etc.) generated by Party B in the commercial activities during the existence of this Agreement in China and overseas areas shall be owned by Party A alone, and Party A shall have the right to continue to use them after the expiration of the cooperation period, without having to pay any additional fees to Party B for this purpose. Without the written consent of Party A, Party B shall not release or authorize the live broadcast materials and finished products or derivative works to a third party for use without authorization.
5.4 Party A has the right to use Party B's real name, portrait and image, as well as the virtual images directly related to Party B such as stage names and nicknames used on Party A's live broadcast platform, for commercial purposes, to apply for a registered trademark or to re-create as materials and to obtain income without obtaining Party B's permission and paying extra fees to Party B..
5.5 party a has the right to independently defend the above rights under this agreement in the name of party a .. Party B shall actively cooperate with relevant documents required by Party A to claim rights in all regions of the world and provide authorization documents.
VI. Confidentiality clause
6.1 Either party shall keep confidential the business secrets, cooperation matters and other confidential information and information of the other party (hereinafter referred to as "confidential information", including but not limited to business secrets, company plans, operation activities, financial information, technical information, business information, remuneration of employees of Party A or income and distribution of personnel under its management and other business secrets) that it knows or comes into contact with as a result of signing or performing this Agreement; Without the written consent of the disclosing party, neither party shall disclose, give or transfer such confidential information to a third party.
6.2 this agreement and related supplementary agreements, memoranda, emails and chat records between the two parties, remuneration income of Party A, Party B and other personnel, and all plans, projects and schedules arranged by Party A for Party B shall be kept confidential, and Party B shall not disclose them to any third party when Party A has not disclosed them to the public.
6.3 except for the work specified in this agreement, the trademark, logo, business information, technology and other materials of the obligee shall not be used or copied without the prior consent of the obligee.
6.4 The confidentiality period is permanent, unless the relevant confidential information enters the public domain or the disclosing party makes it public by itself.
VII. Modification and dissolution of the contract
7.1 During the performance of the agreement, if either party wants to modify or supplement the contents or terms of the agreement, such as the cooperation term, cooperation content and expenses, it shall reach an agreement with the other party through consultation and sign a supplementary agreement for confirmation.
7.2 during the cooperation period, if Party B fails to meet the operating conditions of "Tiger Tooth Artist" and loses the qualification of "Tiger Tooth Artist", Party A has the right to unilaterally terminate this agreement and cancel Party B's qualification as "Tiger Tooth Artist".
7.3 if the business agreed in this agreement is terminated due to reasons other than Party A's, or Party A unilaterally terminates the agreement due to Party B's breach of contract, Party A has the right to terminate the payment of Party B's cooperation fees.
7.4 if the performance of this agreement cannot be continued due to force majeure such as natural disasters, wars, upheavals, changes in national policies or other unexpected events, this agreement will be automatically terminated, and neither party will be liable for it.
VIII. Liability for breach of contract
8.1 If either party fails to fully and timely perform its obligations, it shall bear the liability for breach of contract; If losses are caused to the other party, it shall compensate the other party for all the losses thus suffered. Party B's handling of breach of contract agreed in the agreement and relevant penalties of Huya live broadcast platform rules are applicable at the same time.
8.2 if party b has any of the following circumstances, it shall be deemed as a serious breach of contract, and party a has the right to unilaterally terminate the agreement. if losses are caused to party a, it shall compensate all losses of party a.
8.2.1 party b violates the agreement and conceals that it has signed other brokerage agreements or other brokerage agreements before signing this agreement, resulting in conflict with this agreement;
8.2.2 if party b conducts live webcasting activities on channels operated by partners other than those designated by party a or third-party webcast platforms without authorization, it still fails to make corrections after being notified by party a in writing;
8.2.3 when signing this agreement, the information filled in or provided by party b is false or violates the guarantee and commitment of this agreement.
8.3 if party a coerces party b to engage in performance activities that are illegal or harmful to party b's personal safety, personality and reputation, party b has the right to terminate this agreement and demand party a to compensate for the losses caused to party b as a result.
IX. Dispute settlement and other matters not covered in this Agreement
9.1 Both parties shall make it clear in the form of supplementary clauses on the basis of the principles reached in this Agreement, and the supplementary clauses have the same legal effect as this Agreement.
9.2 any dispute arising from this agreement shall be settled through friendly negotiation. if negotiation fails, all parties agree to submit the dispute to Guangzhou arbitration commission for arbitration in accordance with its effective arbitration rules.
9.3 the conclusion, interpretation, performance, effectiveness and dispute settlement of this agreement shall be governed by the laws of the people's Republic of China. The understanding and interpretation of this agreement shall be based on the original intention and the purpose of this agreement.
9.4 if any provision of this agreement is determined to be invalid or unenforceable according to the existing laws, all other provisions of this agreement will remain valid. In this case, both parties will replace this agreement with an effective agreement, which should be as close as possible to the original agreement and the corresponding spirit and purpose of this agreement.
9.5 both parties confirm that this agreement is the final version signed by both parties, and Party B enjoys the qualification of "Tiger Tooth Artist". Party B's online confirmation of agreement to sign the contract means that it has agreed and signed this agreement. This agreement shall come into force as of the date of signing.
9.6 the notification method mentioned in this agreement is as follows: party a will notify party b in advance by means of online publicity, internal notification in the internal communication system of huya live broadcast platform, email, fax, telephone, etc., and the date when party a learns the notification is the same as before. If any party sends a notice to the other party in various ways, the date of the other party's knowledge shall be the earliest one.
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