Party A: Shenzhen Spurline Di Clothing Co., Ltd.
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
After friendly negotiation, Party A and Party B have reached the following agreement on developing the sales of Caiyunni and DDCO brand clothing products based on the principle of mutual benefit.
Contract details:
1. Grant the right to operate
1. The business area granted by Party A to Party B is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. It is preliminarily proposed that the opening date of exclusive stores or counters is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. Party B owns _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Two. Interests and obligations
1. When signing the contract, Party B shall pay a contract deposit of 20,000 yuan. If Party B violates Party A's rules and regulations, Party A has the right to treat the deposit as liquidated damages according to the degree of Party B's breach of contract.
2. When opening a specialty store (cabinet), Party A shall design a decoration scheme for Party B free of charge (store design, product and window display design, light box advertisement, poster publicity standard and specific design drawings, including special props such as walls, floors, ceilings, shelves and cash registers). Party B must carry out renovation in strict accordance with the renovation drawings, and the renovation expenses shall be borne by Party B. ..
3. In order to better grasp the market, Party B shall provide the local market information feedback form and sales weekly report to Party A before 10: 00 every Monday morning. Fax the inventory list to the company every month 1 day, so that the company can make corresponding adjustments for special markets in time.
Three. operate
1. The goods sold in Party B's exclusive store (cabinet) must be legal goods provided by Party A, and fake and shoddy goods and other branded goods shall not be displayed and sold in the store.
2. Party A sells it to Party B at a discount of 3.2% of the unified retail price. Party A shall provide the corresponding VAT invoice according to the settlement price, and tax Party B according to the national tax law. Party B must pay off the payment before taking delivery.
3. When Party B orders _ _ _ _ _ _ _ _ _ fashion, in order to ensure the integrity of _ _ _ _ _ _ _ _ _ fashion series, Party A stipulates that every fashion order must be the first order of all sizes and colors.
4. In order to better display the image of Cai and DDCO, Party B shall provide a specialty store or counter of not less than 40 square meters for selling Cai and DDCO series clothes.
Four: exchange of goods
1, if the first batch of goods is delivered by the company, it can reach 100% within one month, and the unsold models, models and colors can be replaced.
2. The money selected by franchisees and the new sample clothes sent to customers can enjoy a unified exchange rate of 20%.
3. Goods that have been replenished will not be exchanged.
4. The goods replaced by Party B shall be presented within one month after delivery. (Only for products of the same season)
5. If there is any quality problem, Party B shall return the goods within 7 days after receiving them, and Party A shall be responsible for replacing them. (Freight shall be borne by Party B)
6. Party A has the right to exchange all kinds of goods of Party B at any time.
7. The goods returned by Party B must be clean and complete, with complete labels and cleanliness, otherwise Party A has the right to return them.
Verb (abbreviation for verb) delivery method and responsibility
1. After receiving the payment from Party B, Party A will deliver the goods in time. Generally, the delivery methods are air freight, China Railway Express and automobile transportation (the freight shall be borne by Party B).
2. When the goods arrive at Party B, first of all, it is necessary to confirm whether the number of weight pieces is completely consistent with the invoice. If there are any problems, they should be unpacked in time, and relevant certificates should be presented, so that Party A can coordinate and handle them in time. If there is no reply within three days, Party A will regard the product as having arrived without error.
In principle, according to the transportation requirements, all goods need to be insured. If you don't get insurance, you can promise Party A to bear all the losses.
Annex clause of intransitive verb
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, sales receipts, etc. The expenses shall be borne by Party B ... corresponding clothing picture books, publicity newspapers and magazines, shopping bags, brochures, etc. Party A shall provide it free of charge (if the quantity exceeds the limit, the corresponding fee shall be paid).
VII. Termination of Contract and Liability for Breach of Contract
1, the contract expires.
2. If Party B breaches the contract, this agreement will be automatically terminated if the breaching party fails to correct and take remedial measures within one month after Party A's written notice.
3. Within one month after the signing of the agreement, Party B still hasn't opened the store.
4. Due to its own reasons, Party B stopped purchasing Party A's products and was unable to sell Party A's products for more than one month.
5. Without the consent of Party A, Party B sells Caiyunni and DDCO brand clothes across regions.
6. Those who copy Cai's and DDCO's clothing styles or design, produce or sell them by themselves.
7. After the termination of this contract, all props related to Caiyunni and DDCO brand logo in Party B's exclusive store must be removed, and Party B shall not use them for other purposes without Party A's permission, otherwise Party B shall bear relevant legal responsibilities.
Eight: Others
1. For matters not covered in this agreement, both parties may sign a written supplementary agreement, which has the same legal effect.
2. This Agreement is made in duplicate, with each party holding one copy.
3. This agreement shall come into effect as of the date of signing, and the place of signing is Shenzhen.
Party A: Shenzhen Spratly Clothing Co., Ltd. Party B:?
Address: Xiameilin Welfare Institute, Futian District, Shenzhen Address:
2/F, Building KLOC-0/Industrial Zone
Signature representative: signature representative:?
Tel: 0755-83 1 16659? Telephone:?
0755-83 10438 1
Fax: 0755-83 182468? Fax:
Date of signature: year? Month? sun
Software sales agency contract
Party A: Beijing XX Software Co., Ltd.
Party B: Beijing XX Co., Ltd.
According to the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, Party A and Party B sign this contract on the promotion and application of software on the principle of equality and mutual benefit, and both parties agree to abide by the following terms:
I. Definition:
Unless otherwise specified in the terms or contents of this contract, the following terms have the following meanings:
1. Software products: refers to the software that has been commercialized and published publicly, and Party A, as the right holder, can authorize sales and provide technical support and services.
2. Agency sales: refers to allowing the transferee of software rights to exercise the right to display and sell software products, including agency sales or distribution.
3. Intellectual property rights: refers to the right of patent right, copyright (copyright), trademark right, business reputation and business secret enjoyed by the obligee according to relevant Chinese laws and international treaties.
4. Technical support: at the request of software users, solve various technical problems in the process of software application for users; At the request of Party B, train sales and technical personnel for Party B, so that the above-mentioned personnel can master the technical knowledge needed in technical support, sales and other services.
5. After-sales service: refers to providing products exchange service, software maintenance and upgrade services for Party B and its users;
6. Supplementary agreements and annexes: refer to the remedial clauses or subsidiary contracts of the main contract, which have the same effect as the main contract.
Second, authorize sales agents' products.
During the validity period of this contract, the software products legally authorized by Party A as the obligee to Party B are: software, software version:.
Three. Contract duration and authorized sales area
1. The term of this contract starts from ….
2. Party A authorizes Party B to be the exclusive general sales agent for the above products, and the sales area is the whole country.
Four. About party a
Party A is an independent legal person and owns the complete intellectual property rights of the software. Party A shall provide Party B with relevant company information.
Verb (abbreviation of verb) about Party B.
1. Party B is a company with independent civil capacity. Party B shall provide Party A with business license and other documents.
2. Party B has the computer knowledge, network knowledge and basic implementation and maintenance ability needed to complete daily business, and is familiar with the installation and use of software and the solution of common problems from the perspective of application technology.
Rights and responsibilities of both sides of intransitive verbs
(I) Rights and responsibilities of Party A
1. Party A shall provide Party B with software products with good market prospects, market competitiveness and reliable performance.
2. Party A supports Party B in marketing and selling software products.
3. Party A shall provide technical support required by Party B and support required by Party B's product sales.
4. After consultation with Party B, Party A has the right to make necessary adjustments to the product strategy, market strategy and price strategy of software products.
5. Party A has the right to ask Party B to maintain market order. If Party B does violate the contract and disturb the order, Party A has the right to make a penalty decision until Party B's right to authorize a sales agent is revoked.
6. Party A guarantees the authenticity of the intellectual property status of the software products, and provides perfect after-sales service and lifelong maintenance for the faults encountered by customers in the process of using the software. Otherwise, any disputes arising therefrom and all losses arising therefrom shall be borne by Party A. ..
7. Party A shall publicize Party B's agency status in a prominent position on the company website and explain Party B's contact information to customers. Provide customers with product maintenance, upgrade and online troubleshooting.
8. Party A promises to provide the best business environment for Party B, and promises not to set foot in the distribution and retail in the authorized sales area. During the cooperation of Party B as the sales agent of Party A's products, Party A shall not set up a second distribution agent.
9. In order to ensure Party B's promotion and cost investment, customers in Party B's sales area are regarded as Party B's customers regardless of whether they contact or negotiate with Party B. Party A shall not supply the goods specified in this agreement to the buyers in the distribution area without authorization. If you have any questions, you should pass them on to Party B for negotiation. If the buyer wants to place an order directly with Party A, Party A can supply the goods on the premise of sending a copy of the relevant sales contract to Party B in advance and obtaining Party B's consent, and pay Party B a commission of% according to the invoice amount of the transaction within three days after receiving the payment.
(II) Rights and responsibilities of Party B
1. When signing this contract, Party B shall provide Party A with copies of the business license, tax registration certificate, legal representative and general manager's ID cards of Party B's enterprise as a legal person that have been inspected annually by the industrial and commercial department. If there is any change, please submit a written explanation of the change and relevant documents after the change at any time.
2. After obtaining the software product sales authorization from Party A, Party B can act as the general agent for software sales of Party A to carry out business work and channel development within the time and area specified in the authorization. Party B may develop secondary agents within its jurisdiction, and Party B shall be fully responsible for the activities of secondary agents. Party B has the right to indicate that it is the authorized distributor of Party A in advertisements and letters. ..
3. The copyright, copyright and other intellectual property rights of the computer software system sold by Party B for Party A always belong to Party A. Party B shall not copy, decrypt, decompile, disassemble or other reverse engineering the software system alone or with any third party, otherwise Party A has the right to pursue Party B's legal responsibilities and demand compensation for economic losses (the compensation amount shall not be less than RMB100000 yuan).
4. Party B can get the publicity materials, sales and technical service materials of Party A's software free of charge.
5. All products of Party A sold by Party B must be legally obtained from Party A, and products of illegal channel versions shall not be sold. When providing products to users, Party B shall ensure that only one copy of Party A's products is provided to one user and the products are provided to the end users. Without Party A's consent, Party B shall not provide Party A's products to any unit or individual who wants to use Party A's products for profit or distribution. Party B shall not illegally sell or distribute Party A's products in any other way, causing losses to Party A. Party B shall not produce or sell software products that compete with Party A's products.
6. In the process of selling and promoting Party A's products, Party B shall strictly abide by the relevant laws and regulations on intellectual property rights and safeguard Party A's interests and image. Party B is responsible for software sales promotion, software installation and debugging, treats customers with sincere and enthusiastic attitude, pays attention to safeguarding the interests and image of both parties, and promptly handles customers' questions and opinions on product use. Among them, Party A shall be contacted in time due to the technical scheme, and Party A will provide technical support and consultation.
7. In the process of selling the software, the actual selling price of Party B shall not be lower than the reserve price specified by Party A, that is, RMB/set. If it is really necessary to change, Party A's consent must be obtained.
8. Party B shall submit complete information of the end customer (including the name, contact information, contact person and date of use) to Party A, otherwise, Party A will not be responsible for its after-sales service, system upgrade or technical support.
9. Party B shall operate in good faith and abide by the law, and bear legal responsibilities independently for its own business activities.
Seven. Principle of confidentiality
Party A and Party B shall keep the sales, market, inventory, price, agency rules and other information involved in the performance of this Agreement strictly confidential and shall not disclose it to a third party.
Eight. Price and discount policy
1. The public price of this software is RMB/set. The selling price of the goods provided by Party A to Party B is the discount of the open price, namely RMB/set.
2. Rebate policy:
If Party B's sales volume is between Taiwan and Taiwan within one year, Party A will provide% of the sales volume as a rebate to Party B as an incentive commission;
If Party B's sales volume is between Taiwan and Taiwan within one year, Party A will provide% of the sales volume as a rebate to Party B as an incentive commission;
If Party B sells more than one set within one year, Party A will provide% of the sales as a rebate to Party B as a reward commission;
If Party B's sales volume fails to reach the set value within one year, Party A will not provide rebate to Party B as reward commission;
Nine. Ordering, payment and transportation of goods
1. When ordering from Party A, Party B shall fill in the "Tianyuan Science and Technology Software Product Order Form" (Annex I), which shall be signed or sealed by the person in charge, stamped with the official seal of the company and faxed to the marketing department of Party A. ..
2. After receiving the order, Party A shall deliver the goods within days after receiving the payment. Party B shall fax a copy of the payment voucher to Party A as soon as possible so that Party A can arrange delivery as soon as possible.
3. The mode of transportation and the place of arrival of the goods shall be subject to the requirements of Party B's order.
4. The freight of the software products ordered by Party B shall be borne by Party A. ..
X. Product return
1. If the software fails to operate normally due to product quality problems, Party A shall be responsible for returning the products free of charge and bear relevant expenses;
2. If the product packaging is damaged during transportation, Party A shall be responsible for returning the product free of charge and bear relevant expenses.
XI。 Financial liquidation
1. Party B has the right to determine the sales price of the software by itself according to the market situation, but it shall not be lower than the reserve price of the product.
2. The part where the actual sales price of the software is higher than the reserve price of the product shall be regarded as the commission of Party B's agent sales.
Twelve. Dissolution and termination of contract
Both parties may terminate this contract through consultation. In addition, this contract can also be dissolved under the following circumstances, but the party proposing to dissolve it shall notify the other party in writing one month in advance:
1. Due to major difficulties in the operating conditions of one party to the contract, the other party may terminate this agreement when it is on the verge of bankruptcy and enters the period of legal rectification or liquidation.
2. Due to one party's failure to perform its contractual obligations or breach of contract, the other party fails to perform within a certain period of time or fails to take remedial measures after being notified in writing, resulting in the failure to realize the expected benefits of the other party's contract or the need to continue to perform it, the other party has the right to terminate this contract.
If this contract is dissolved or terminated naturally after its expiration, both parties shall still perform the outstanding contractual obligations and arrange after-sales service for the sold products.
Thirteen. responsibility for breach of contract
1. If Party A directly sells products to customers without notifying Party B and paying the commission, it is a breach of contract, and it shall pay Party B a penalty of 20 times the sales amount to compensate Party B for the commercial promotion expenses.
2. If Party A develops other sales agents without the consent of Party B within the term of this contract, it shall pay liquidated damages to Party B.
Ten thousand yuan.
3. If Party B sells or distributes in violation of this agreement, Party B is willing to compensate Party A for the number of copies sold or distributed in violation of this agreement at 20 times of the market retail price of the software sold or distributed.
4. If Party B violates this agreement and infringes on Party A's intellectual property rights, Party B is willing to accept Party A's economic claim of not less than 500,000 yuan. ..
5. Either party shall not unilaterally terminate this contract without justifiable reasons stipulated in this contract or by law, otherwise, it shall pay the other party a penalty of RMB10,000.
6. If one party's breach of contract causes losses to the other party, it shall bear other liabilities for breach of contract in addition to compensation for losses.
7. If losses are caused to a third party due to improper performance, it shall be liable for compensation.
Fourteen Dispute mediation
Any dispute arising from the performance of this contract or the interpretation and application of any terms of this contract shall be settled through friendly negotiation. If negotiation fails, either party has the right to bring a lawsuit to the people's court with jurisdiction.
Fifteen. others
1. Both parties can sign a supplementary agreement as an annex to this agency contract through negotiation, which involves the supplement, modification and dissolution of this agency contract. The annexes to this contract have the same legal effect as this contract.
2. Product purchase orders and other business dealings faxed by both parties have the same legal effect as this contract.
3. This contract is made in duplicate, one for each party, and shall come into force after being signed and sealed, with the same legal effect.
4. On page * * of this contract, the right side of the contract page is stamped with the seal of riding seam.
Party A: XX Co., Ltd. Party B: XX Co., Ltd.
Legal representative:
Business contact: Business contact:
Address: Address:
Postal code:
Tel: Tel:
Fax: Fax:
Date: Date: