Product Advertising Design and Production Contract 1 Party A: (hereinafter referred to as "Party A")
Party B: (hereinafter referred to as "Party B")
In view of the needs of Party A's product sales, Party B has the ability and legal qualification to produce advertising materials under this contract (hereinafter referred to as "advertising materials"), and Party A entrusts Party B to produce advertising materials under this contract.
1. Production items and contents of advertising materials (exhibition boards, booths, integrated booths, box stickers, color pages):
Second, the production requirements and delivery of advertising materials:
1. Party A is responsible for providing Party B with the design draft (see Annex 1), and Party B shall make it in strict accordance with the design draft and shall
Submit the samples to Party A before [] [], and Party B can carry out mass production only after Party A's written consent ... Otherwise, Party A has the right to require it to rework, and the expenses arising therefrom shall be borne by Party B. ..
2. Party B shall use its own equipment, technology and labor to complete the production of advertising materials in this contract. Without the written consent of Party A, Party B shall not hand over the production of advertising materials in this contract to a third party. Otherwise, Party A has the right to terminate the Contract at any time without any responsibility.
3. Party B shall complete the production of all advertising materials on [] of [] and deliver them to the delivery place designated by Party A: (Instruction ①). The transportation expenses and risks shall be borne by Party B. Party B shall properly package the advertisement according to its nature to make it suitable for long-distance transportation.
4. Party A shall check and accept the advertisement according to the contract, design draft and samples confirmed in advance. If it is qualified, Party A shall issue a written acceptance form, which shall be deemed as the completion of delivery by Party B; The unqualified products shall be replaced by Party B within 5 days, and the expenses shall be borne by Party B. ..
5. After Party A's acceptance, the advertising ownership will be transferred from Party B to Party A at the delivery place.
Party B shall bear all or part of the loss, damage and other losses of advertising materials before acceptance; Party A shall bear the above losses after acceptance.
Three. Rights and obligations of Party A:
1. Party A is responsible for providing the design draft.
2. Party A has the right to supervise the production progress and quality, and put forward suggestions for improvement.
3. Party A shall pay the required funds to Party B on time in strict accordance with the contract payment period.
Four. Rights and obligations of Party B:
1. Party B shall submit the business license and corresponding qualification documents to Party A for inspection and filing;
2. Party B shall provide a detailed quotation list, provide a reasonable quotation to Party A, and propose a preferential scheme to Party A;
3. Party B shall process and produce advertising materials in strict accordance with the design draft provided by Party A; If Party B fails to produce the confirmed design draft, which causes losses to Party A, or fails to complete it on time, which causes Party A to delay the use, Party A may deduct the payment or postpone the payment according to the seriousness of the case, and the specific method shall be subject to the written notice of Party A;
4. Party B is responsible for the supervision of the whole design and production project;
5. Party B has the right to obtain the relevant information of each specific project. Party B shall have strict confidentiality obligations for all kinds of information obtained from Party A, including but not limited to design samples and related identification words. If Party B discloses without authorization, causing losses to Party A, Party B shall make compensation.
Verb (abbreviation for verb) Price and payment method:
1. Total contract price: RMB. Yuan (including tax)
(in words: RMB only) Apart from this, Party A has no further payment obligation.
2. Payment method and time: Party A shall make payment within [] months after receiving all advertising materials. Party B shall provide Party A with the legal and valid invoice of the total contract amount and the accounting confirmation letter specified in Article 9 (Annex 2) within 1 day after acceptance, otherwise Party A has the right to refuse payment.
Intellectual property rights of intransitive verbs
1. Party B must return any documents or other materials provided by Party A to Party A after use, and shall not keep copies. And delete the relevant information stored in Party B's computer. Otherwise, Party A has the right to pay absolutely.
2. Party A has complete intellectual property rights over the trademarks and design drafts of Party A provided by it, and Party B can only use the trademarks and design drafts of Party A on the advertising materials of Party A.. Party B shall not use Party A's trademark and design draft for purposes other than this contract or (intentionally or unintentionally) provide it to a third party. Once Party A is found, Party A has the right to pursue Party B's responsibilities and demand that Party B compensate Party A for all (direct and indirect) losses suffered as a result.
3. For the draft scheme under this contract, Party A owns all intellectual property rights including copyright from the beginning. Party B shall not use these design drafts for other purposes or (intentionally or unintentionally) provide them to a third party, otherwise, once found, Party A has the right to investigate Party B's tort liability.
Seven. Liability for breach of contract and compensation
1. If either party violates the provisions of this contract, the other party has the right to demand correction or dissolution of this contract, and demand compensation for all economic losses.
2. Except for force majeure, Party B shall deliver the samples and final advertising materials as required by Party A. If Party B fails to deliver them on time (including replacement within a time limit), Party B shall pay Party A a penalty equivalent to 1% of the total contract price for each day of delay. The liquidated damages shall be calculated from the second day of the delivery date stipulated in this agreement to the actual delivery date of Party B. If Party B delays delivery (including replacement within a specified time limit) for more than 65,438+00 days, Party A shall have the right to terminate the contract, and Party B shall pay a liquidated damages equivalent to 20% of the total contract amount to Party A. If Party B delays delivery and causes actual losses to Party A, Party B shall also bear corresponding compensation responsibilities.
3. Party A shall pay Party B on time. If Party A delays payment, it shall pay Party B a penalty of two ten thousandths of the delayed payment. The liquidated damages shall be calculated from the second day of the payment period stipulated in this agreement to the actual payment date of Party A. However, if Party A delays payment due to Party B's failure to provide the payment information stipulated in this contract, it shall not be liable for breach of contract.
4. If Party B's production work is suspected of violating the law or infringing on the legitimate rights and interests of a third party, Party B shall bear all the responsibilities arising therefrom, including but not limited to compensation for the losses caused to Party A. ..
5. The liquidated damages that have been determined shall not be affected by the termination of the contract and the liability for compensation for losses.
Eight. force majeure
If this contract cannot be performed due to force majeure, the party suffering from force majeure shall notify the other party as soon as possible after the force majeure occurs and take reasonable measures to prevent the loss from expanding. Neither party shall be liable for failure to perform due to force majeure. How to continue to perform the contract shall be settled by both parties through consultation.
The party unable to perform its contractual obligations due to force majeure shall notify the other party of the occurrence and termination of force majeure that hinders the performance of its obligations as soon as possible, and provide necessary supporting documents, and put forward handling opinions in the notice. If damage is caused to the other party due to failure to notify in time, it shall be liable for compensation.
Nine. Pre-accounting check
1. Within 1 week after signing this contract, Party B shall check the existing account with Party A or its branches before signing this contract. If Party B has unsettled accounts with Party A or Party A's branches before the signing of this contract, Party B shall issue an account confirmation letter (in duplicate) to Party A within 1 week after the signing of this contract, and attach the expense details, which shall be signed and sealed by Party A to confirm the previous accounts. Party A and Party B each hold an account confirmation letter. The unsettled account confirmed by the account confirmation letter shall be paid in the way specified in the contract signed between Party B and Party A or Party A's branch at the time of the account occurrence or otherwise determined in the account confirmation letter.
2. This account confirmation letter is an effective annex to this contract (Annex 2).
X. Application of law and dispute settlement
1. The conclusion, validity, interpretation, execution, modification, termination and dispute settlement of this contract shall be governed by the laws of China and China.
2. Any disputes and disputes arising from the performance of this contract between Party A and Party B shall be settled through negotiation as far as possible; If negotiation fails, either party has the right to bring a lawsuit to the people's court where Party A is located, and the judgment is legally binding on both parties.
XI。 others
1. Other matters not covered shall be settled by both parties through negotiation.
Without the written consent of both parties, neither party may modify this contract.
3. The authorized representatives of both parties have been legally and effectively authorized to sign this contract, and this contract will take effect after the authorized representatives of both parties sign and seal it. It shall be valid until the date when the rights and obligations of both parties under this Agreement are fulfilled. After the termination or performance of the contract, the provisions on confidentiality and intellectual property rights shall remain valid.
4. This contract is made in duplicate, one for each party, with the same legal effect.
5. The annexes and supplementary agreements of this contract are an integral part of this contract and have the same legal effect as this contract. If the annex is inconsistent with this contract, this contract shall prevail.
Party A: Party B:
Representative: representative:
Date: Date:
Product Advertising Design and Production Contract II Client: (hereinafter referred to as Party A)
Producer: (hereinafter referred to as Party B)
According to the relevant provisions of the Economic Contract Law of the People's Republic of China, Party A and Party B have reached an agreement on the matter that Party A entrusts Party B to produce advertisements through friendly negotiation, and hereby sign this contract as follows:
First, commissioned production content:
Party A entrusts Party B to make it (see attached renderings and budget table for details).
Entrusted mode of production:
According to the requirements put forward by Party A, Party B shall send technicians to the site for guidance, installation and civilized construction.
Second, the commissioned production price and amount:
1. Total amount of the agreement: RMB.
2. Number of agreements; Commissioned production time:
From year month day to year month day.
Third, the production acceptance:
After the production is completed, Party B shall submit it to Party A for acceptance.
After the delay, the materials shall be removed and recycled by Party B. ..
Four. Payment method of production funds:
When signing this contract, Party A shall pay 50% of the total amount to Party B, that is, 250% in words is RMB, in words:
Verb (abbreviation for verb) safety responsibility
Party B shall be responsible for all safety accidents during the installation and construction of this contract.
Liability for breach of contract of intransitive verbs
If Party B fails to complete the project within the time limit, it will constitute a breach of contract, and the breaching party shall pay 3% of the total liquidated damages to the observant party on a daily basis. If Party A fails to pay in advance, Party A shall pay Party B a daily penalty of 3% according to the actual number of days in arrears and the total amount in arrears.
Seven. supplementary terms
1. This contract shall come into effect after being signed and sealed by both parties;
2. The supplementary agreement has the same effect as this contract;
3. This contract is made in duplicate, with the same legal effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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The third entrusting party (Party A) of the product advertising design and production contract:
Trustee (Party B):
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, based on the principles of mutual benefit, honesty and credibility, Party A's xxxxx Products Co., Ltd. entrusts Party B's xxxxx Advertising Co., Ltd. to be responsible for the production and installation of rooftop advertisements at No.98, North of xx Village, xX Town, xxxxX District, and hereby sign this contract for mutual compliance.
Rule number one. Advertising specifications, materials and prices:
Article 2. Procurement, completion time and quality of raw materials:
1. Party B is responsible for the procurement of raw materials, which must be selected and inspected according to the contract. When Party B uses raw materials that are not in conformity with the contract, which affects the customization quality, Party A has the right to request rework. Redo materials and prices shall be borne by Party B. ..
2. Production completion date: 20xx year x month 3 1.
3. The production quality has reached the standard agreed in this contract, and Party A shall accept it.
Article 3. Design adjustment during the performance of the contract: during the work according to Party A's requirements, if Party B finds that the provided drawings or technical requirements are unreasonable, it shall promptly notify Party A; Party A shall reply and propose amendments within the specified time. If Party B fails to get a reply within the specified time, Party B has the right to stop working and notify Party A in time, and Party A shall compensate the losses caused thereby.
Article 4. Approval of advertising procedures: Party B is responsible for the approval of outdoor advertising procedures, including urban comprehensive law enforcement departments, industrial and commercial administrative departments, planning departments, fire departments, meteorological departments, etc. And all departments related to this outdoor advertising must go through the examination and approval procedures. The expenses involved shall be borne by Party B.. After completing the examination and approval procedures, Party B shall submit a copy of the procedures to Party A. ..
Article 5. Acceptance criteria and methods:
1. Take the contract data, drawings and samples as the acceptance criteria.
2. All accidents caused by unreasonable design, unstable installation and inadequate maintenance of outdoor advertising installation project shall be borne by Party B. ..
Article 6. Settlement method of contract price:
After Party B completes the fabrication and installation work, Party A shall pay all the money in one lump sum within 5 working days after acceptance, and Party B shall provide the completed photos, customer confirmation sheets, acceptance sheets and invoices to Party A.. ..
Article 7. Liability for breach of this contract:
1. If Party A agrees to use customized products or works that are not delivered according to the quality stipulated in the contract, Party A may reduce the remuneration or price as appropriate; Do not agree to use, should be responsible for repair or replacement, and bear the responsibility of overdue delivery; If the repair or replacement still does not meet the requirements of the contract, Party A has the right to reject it, and Party B shall compensate the losses caused thereby.
2. If the quantity of customized products delivered or work completed is less than that stipulated in the contract, Party A shall make up for it according to the quantity, and the overdue part shall be treated as overdue delivery; Party B shall compensate Party A for the losses caused by short delivery or late delivery that Party A no longer needs.
3. After both parties sign the cooperation agreement, if Party B fails to complete it within the time required by the agreement, thus delaying Party A's advertising work, Party A will be fined 65,438+00% of the total amount of this agreement for each day of delay.
Four. After Party A and Party B sign the cooperation agreement, if the contents produced and installed by Party B fail to meet the quality standards required by the agreement, Party A will deduct 65,438+00% of the total amount of this agreement for each item.
5. After the advertising decoration project mentioned in this agreement is completed, Party B shall undertake the maintenance and repair responsibilities. If there are any problems, Party B needs to send someone to the site for repair and maintenance. In case of any accident, Party B shall bear all the responsibilities.
6. Party B shall not be responsible for all accidents caused by man-made destruction, force majeure and other reasons.
7. If the billboard is damaged due to Party B's construction quality problems, Party B shall be responsible for the maintenance and bear all expenses.
Article 8 Termination and rescission of the contract:
During the performance of this contract, either party must notify the other party in writing one month in advance, and it can only be changed, dissolved and terminated after both parties reach an agreement through consultation and form a written contract.
Article 9. Supplementary contract: For matters not covered in the performance of this contract, both parties shall negotiate and sign an annex contract upon consensus. Once the supplementary contract is signed, it has the same legal effect as the main contract.
Article 10 Settlement of contract disputes: In case of any dispute over the terms of the contract during the performance of this contract, both parties shall settle it through consultation; If negotiation fails, either party may bring a lawsuit to Tongan District People's Court.
Article 11: Contract text: This contract is made in triplicate, with Party B holding one copy and Party A holding two copies, which shall come into effect after being signed and sealed by both parties.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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Product advertising design and production contract of Party A:
Party B:
Whereas:
1. Party A entrusts Party B to shoot in the early stage;
2. The production expenses of TV advertisements shall be borne by Party A, and Party B shall be responsible for completing the early shooting according to the scripts determined by both parties in advance.
Through friendly negotiation, Party A and Party B reach the following contract on the matter that Party A entrusts Party B to make TV advertisements:
1. Contents of entrusted matters:
1. 1 Party A entrusts Party B to make).
1.2 production method:
1.3 The TV advertising products delivered by Party B to Party A include:
1.3. 1 main: 1 disk.
1.3.2 HD video tape: 2 sets.
1.3.3 digital betacam video tape: 2 tapes.
1.3.4 betacam video tape: 2 tapes.
1.3.5 DVD: 2 discs.
1.3.6 3D sequence frame
1.3.7 Completion date of music split-track CD: year, month and day production expenses: the total expenses paid by Party A to Party B for completing TV production advertisements are RMB).
2. Payment method:
3. 1 From the date of signing this contract, Party A shall pay the first production payment to Party B within 7 working days after Party B provides the official invoice, accounting for 30% of the total production cost, namely RMB * * *.
3.2 Two working days before the actual shooting date of the TV advertisement, after Party B provides the official invoice, Party A shall pay Party B the second production fee, accounting for 40% of the total production cost (RMB * * *).
3.3 After Party B completes the finished product in the TV advertisement and is approved by Party A, it will deliver all the contents of item 1.3 at the same time, and it will take 7 working days after Party B provides the official invoice.
2.3. Party A shall pay the third production payment to Party B immediately after the production date, accounting for 30% of the total production cost (RMB * * *).
4. Project terms:
4. 1 Party B shall make a shooting script signed and approved by both parties. If there is any modification, it should be re-signed by both parties. Party B shall make corresponding amendments within the scope of the script proposed by Party A, and the expenses shall be borne by Party B.. ..
4.2 If the delivery time is delayed due to the following reasons, Party B shall not bear relevant responsibilities:
4.2. 1 Failure to perform contractual obligations due to force majeure;
4.2.2 Party A fails to implement the corresponding work according to the requirements of this contract or agreed by both parties. Force majeure as mentioned in this article refers to objective events that cannot be foreseen, avoided and overcome.
4.3 If the delivery time is delayed due to the following reasons, Party A will not bear relevant responsibilities:
4.3. 1 Party B has not revised the creative script signed by both parties or the requirements agreed by both parties;
4.3.2 The pictures or scenes taken by Party B can't meet the requirements of confirmation or oral recognition by both parties at the ppm meeting. 4.4 Items and cooperation that Party A needs to provide:
4.4. 1 All products needed for shooting;
4.4.2 On-site producers;
4.4.3 Other assistance or cooperation beyond the contract agreed by both parties in order to achieve the purpose of the contract.
5. Ownership of rights
The copyright of TV advertisements agreed in this contract belongs to Party A. After Party A pays all the expenses to Party B, all the right to use TV advertisements (including music) belongs to Party A.. ..
guarantee
Party A and Party B promise not to infringe upon the rights and interests of any third party. If any party infringes on the rights and interests of a third party for any reason, it shall bear all legal responsibilities and compensate the other party for all losses suffered as a result.
7. Liability for breach of contract
7. 1 If the advertising film is delayed due to Party B's unilateral reasons, except for force majeure, Party A shall be paid a penalty of 0.03% of the total production cost for each delay of 1 day until it completes the production of the advertising film; If the contract is not completed within 30 days, Party A has the right to terminate the contract, and Party B shall refund the payment made by Party A and pay 30% of the total contract amount to Party A as liquidated damages. This restriction does not apply if it is not caused by Party B's unilateral reasons.
7.2 In case of overdue payment, except for force majeure, Party A shall pay 0.03% of the unpaid amount to Party B for every 65,438+0 days overdue, and the maximum compensation amount shall not exceed 30% of the total contract amount, unless it is caused by Party A unilaterally.
7.3 The breaching party shall bear and pay all expenses incurred by the observant party in claiming rights. Including but not limited to: attorney's fees, travel expenses, investigation fees, etc.
8. Confidentiality
8. 1 After the contract comes into effect and the contract is terminated, both parties promise to:
8. 1. 1 Without the prior written consent of the provider, the recipient shall not disclose, distribute, disclose or copy the confidential information it has obtained to any third party in any way, whether written or oral or otherwise;
8. 1.2 Confidential information shall be known only by the directors, managers and employees of the party that needs to know, and one party shall take necessary measures, including signing confidentiality agreements with these personnel, to ensure that these personnel undertake the agreed confidentiality obligations;
8. 1.3 If one party is required to disclose confidential information due to legal provisions or judicial departments, it shall promptly notify the other party in writing;
8. 1.4 Do not disclose, improperly use or allow others to use confidential information. If either party discloses, improperly uses or allows others to use confidential information, thus causing losses to the other party, the party that discloses, improperly uses or allows others to use confidential information shall bear the corresponding liability for damages.
8.2 The confidential information in this contract refers to technical information and commercial information such as design materials, procedures, product formulas, manufacturing processes, manufacturing methods, management know-how, customer lists, supply information, production and marketing strategies. , not known to the public, and can bring economic benefits to the obligee. Confidential information does not include:
(a) Information independently developed and obtained by one party without relying on confidential information;
(b) has been made public or known to the public;
(c) It is legally obtained by a third party that does not undertake confidentiality obligations.
8.3 Within 30 days after the termination of this contract, the recipient shall return the documents, disks and CDs containing confidential information to the provider.
9. Applicable law
This contract shall be governed by the laws of People's Republic of China (PRC).
10. Dispute settlement
Any dispute arising from the execution of this contract shall be settled by both parties through friendly negotiation. If negotiation or mediation fails, both parties agree to submit it to China International Economic and Trade Arbitration Commission for arbitration in accordance with its current arbitration rules. The arbitral award is final and binding on both parties.
1 1. Contract effectiveness and others
1 1. 1 This contract shall come into effect after being signed or sealed by the legal representatives or authorized representatives of both parties. If signed by an authorized representative, the signatory declares and guarantees that he has obtained the legal and valid authorization of the legal representative of one party to sign this contract before signing.
1 1.2 Some clauses of this contract are invalid, which will not affect the validity of other parts.
1 1.3 This contract is made in quadruplicate, with Party A and Party B holding two copies respectively, with the same legal effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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