In the rapidly developing society, many occasions are inseparable from the power of attorney. For the power of attorney, the client is ready and gives the person he trusts a right. You don't know when to draft the power of attorney? The following is a sample of brand authorization I have compiled. Welcome to read the collection.
Power of attorney for model and brand 1 brand user (Party A): _ _ _ _ _ _ _ _ _ _
Licensee of brand use (Party B): _ _ _ _ _ _ _ _ _ _ _
According to the provisions of the Trademark Law and its implementing regulations, the two parties signed the brand license contract through friendly negotiation following the principles of voluntariness, honesty and credibility.
Scope of trademark authorization
1. Party A will permit Party B to use the registered trademark (registration number: _ _ _ _ _) on the packaging of the products it sells.
Two. Trademark identification: (attached page)
Three. The term of the license starts from _ _ _ _ _ _ _ _ _ years.
Upon the expiration of the contract, if it is necessary to extend the use time, Party A and Party B shall renew the trademark license contract separately.
Four. Geographical scope of Party A's permission for Party B to use the trademark: Taobao, Paipai, Amazon and other e-commerce websites in People's Republic of China (PRC).
Verb (abbreviation of verb) The form of Party A's permission for Party B to use the trademark is: permission to use the trademark is limited to Party B's sales channels in People's Republic of China (PRC).
Rights and obligations of both parties
6. According to the Trademark Law of People's Republic of China (PRC): "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 its products meet the national requirements for product hygiene, quality, measurement, environmental protection, packaging, industry standards and legal description.
7. Party B shall not change the words, graphics or combination of Party A's registered trademark without authorization, and shall not use Party A's registered trademark beyond the permitted product range.
Eight, 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. Where the trademark continues to be used at the expiration of the period, a trademark license contract shall be re-signed and the filing fee shall be renewed. If they don't renew the contract, they will terminate it by themselves.
9. After the termination of this contract, Party B shall not use the trademarks and logos authorized by Party A on the products it produces, or allow Party B to use the words specified in its 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.
X within the validity period of the contract, party a has the right to supervise the quality of party b's products according to article 40 of the trademark law of People's Republic of China (PRC), and party b has the responsibility to submit the packaging design draft to party a for review and filing, so as to avoid any illegal acts.
1 1. The authorization of Party A to Party B's trademark license is based on the provisions of the Trademark Law of People's Republic of China (PRC) and its implementing regulations, and the packaging is designed for the purpose of improving Party B's popularity and expanding market share. It is 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 and the legal liabilities unrelated to this contract do not involve the other party; The creditor's rights and debts of Party A and Party B, as well as other legal disputes and liabilities unrelated to this contract, cannot constitute joint legal liabilities for all parties.
12. This contract shall come into effect as of the date of signature by both parties. Overdue after the execution date 10 days. If Party B fails to take remedial measures within 3 days after receiving Party A's notice, 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 termination of this contract:
Thirteen. Party B shall be liable for breach of contract within 10 working days after the signing of this contract.
14. Party B shall not legally use the registered trademark beyond the conditions of trademark category, commodity category, trademark use area, use form and use period stipulated in the Trademark License Contract.
15. Party B only uses the trademark 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 in any form or for any reason, nor shall it produce, sell or make profits as an investment with a newly established legal entity of a third party.
16. 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 validity of the license contract, Party A shall not unilaterally terminate Party B's right to use the trademark (except the terms that meet the conditions for termination of the contract).
17. If both parties violate the terms in the liability for breach of contract, the breaching party's default amount is RMB 654.38+10,000.
Legal reference
18. The conclusion, interpretation, effectiveness and dispute settlement of this contract shall be governed and protected by the Trademark Law of People's Republic of China (PRC) and its implementing regulations and other relevant laws and regulations.
Settlement of disputes
19. If there is a dispute over the contract and it needs to be revised, it must be agreed by both parties, signed in writing and submitted to the original Trademark Office for acceptance before it can take effect.
Twenty, because one party fails to perform its contractual obligations or seriously violates the provisions of the contract, the observant party has the right to demand economic compensation from the defaulting party. Both parties reached an understanding through consultation, and the observant party can continue to perform the contract after receiving compensation.
2 1. If no agreement can be reached on the contract dispute, it can be submitted to the Arbitration Commission of China Council for the Promotion of International Trade for arbitration in accordance with the Arbitration Regulations of People's Republic of China (PRC). The arbitration result is final and binding on both parties.
This contract is made in triplicate. According to the Trademark Law of People's Republic of China (PRC) and its implementing 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 the record.
Licensor (Party A): _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Licensee (Party B): _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model Brand Power of Attorney 2 Party A:
Address: Postal Code:
Tel: Fax:
Party B:
Address: _ _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Terms:
1, outline, scope, definition:
Party B shall designate a franchise store in the _ _ _ _ _ _ _ area designated by Party A, and Party B shall operate all products operated by Party A in this area, enjoying all kinds of business ideas, product trademarks, packaging materials and various honors of Party A.. Party B owns the franchise stores in this area, and Party A only gives advice and guidance to Party B's operation.
2. Grant franchise:
After consultation, Party A and Party B signed a letter of authorization for franchise cooperation, and Party A agreed that Party B has the right to open a franchise store in this area and grant the franchise right.
3. The present situation of franchise stores:
Party B's store is a free franchise store licensed by Party A in Party B. The store is owned by Party B, and Party A only participates in Party B's operation and management. ..
4. Franchise qualification:
The actual business area of the store is not less than 40㎡, and the building is not less than 150㎡. The store is located above the second-class storefront in the area. The decoration style and grade meet the requirements of Party A, and the product investment (including inventory of not less than 50,000 yuan).
5, the price problem:
Answer: Party A's supply price, the product price provided by Party A to Party B shall be provided according to Party A's ex-factory price, 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. Under normal circumstances, the price difference between Party B and the head office shall not exceed 30%.
6. Financial accounting matters:
Party B shall comprehensively review the payment provisions in the power of attorney to ensure the financial operation of Party A 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 franchisees:
Party A's equipment investment: Party A is responsible for the investment and construction of machines, workshops and infrastructure required 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 according to business needs, including supporting facilities such as seats.
8, business chain problem:
Party B may report to Party A for filing according to market needs, and may directly operate in local chain stores, but may not operate non-Party A products at the same time.
9. Designate raw materials and purchasing places:
In order to ensure the quality of Party A's products and the reputation of the company, the raw materials and finished products required for operation shall 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 within the specified scope.
10, provisions on replacement, damage and inspection:
Party B may apply to Party A for exchange, exchange or even return goods according to business needs and actual sales situation; 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; 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 belongs to normal wear and tear, 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 and packaging. If you have any questions, you should raise them with Party A within three days after receiving the products, and show the necessary certificates. Otherwise, the product will be considered as qualified and the goods will be sold.
1 1 Employment, guidance and supervision of employees
According to the actual needs, Party A and Party B can recruit the personnel needed for Party B's franchise store. Party A is responsible for training Party B's employees in various businesses and skills to meet business needs. Party B shall pay the employees' wages 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' professional skills during the opening period or during the opening period, Party B shall be responsible for the expenses of Party A's management personnel and the accommodation and food problems during Party B's stay. If Party A needs to send personnel to Party B for long-term management (over 15 working days), Party B shall also pay Party A the salary according to Party A's salary standard.
13, accident and customer response handling:
In the course of operation, if 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 notify Party A of the business progress, market information, local product sales and advertising of the previous month three days before each month, and Party A shall make necessary cooperation according to Party B's business situation. If Party A has new and feasible sales plans and market information, it shall inform Party B in time.
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 personnel training stores, various honorary certificates and industry information of the company, etc.
16, trade secret:
Party A and Party B shall regard the operation of the other company, including retail sales, as business secrets and shall not disclose them.
17. Transfer of creditor's rights and debts:
If the company reads backwards or the legal representative of the company changes due to poor management, Party A and Party B shall notify each other in writing, so that both parties can negotiate whether the power of attorney is duplicated or whether the partners are transferred. Otherwise, it shall be regarded as a breach of contract and shall bear the liability for breach of contract.
18. deposit and membership fee:
In order to ensure the reputation of Party A's goods and brands, supervise Party B's operation in this area, and prohibit doing anything that damages Party A's goodwill. When Party B conducts oral alliance cooperation with Party A, it must pay a deposit of RMB10,000.00 Yuan to Party A (Party A will refund the deposit to Party B after the cooperation expires). In case of breach of contract halfway, Party A has the right to detain the deposit or even continue to add necessary legal liabilities according to the degree of liability for breach of contract. In order to ensure the company's continuous efforts to develop new products, improve management level, formulate corresponding marketing strategies and intangible assets such as product registration and packaging design of Party A.. Party B must pay RMB 10000 when joining Party A's franchise stores to ensure the interests of Party A..
19, Law and Litigation
Answer: All attachments of this authorization form the main part of this authorization;
B. All disputes arising from the extension of authorization shall be settled through friendly means; C. If negotiation fails, both parties may bring a lawsuit to the people's court where the power of attorney is repeated.
20. Termination and renewal:
If either party violates any terms of this authorization, the other party has the right to terminate the authorization 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 this authorization.
2 1 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 shall come into effect after being sealed by both parties.
Party A: Party B:
Signature (seal): Signature (seal):
Name: Name:
Location: location:
Time: time:
_ _ _ _ _ Authorized Brand Power of Attorney Template 3
Licensee: _ _ _ _ _ _
The licensee, that is, the enterprise, hereby authorizes its licensee, that is, the affiliated unit (□ distributor □ agent □ please indicate the account ID: account ID and login email address) to apply for authentication. The account name is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The enterprise/subordinate unit promises that the certification materials submitted to Tencent are true and correct, and authorizes Tencent and its entrusted third-party audit institutions to screen and verify the submitted materials. At the same time, the content maintenance and operation management of WeChat WeChat official account complies with national laws, regulations and policies and the relevant provisions of the WeChat Public Platform Service Agreement. If you violate the above commitments, you will bear the responsibility yourself. The enterprise/subordinate unit has no objection to the confirmation of the above certification authorization content.
Licensor's signature: Licensee/affiliated unit's signature:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _