Power of attorney of brand
In the era of continuous progress, more and more people will use power of attorney, which is the symbol of the client's authorization behavior and the direct basis for the generation of power of attorney. So how can the power of attorney be drawn up to play its greatest role? The following is my carefully organized brand authorization, hoping to help everyone. Power of attorney for the brand 1
Brand user (Party A): _ _ _ _ _ _ _ _
Brand licensee (Party B): _ _ _ _ _ _ _ _ _
According to the Trademark Law and the Implementation Regulations, both parties
scope of trademark authorization
1. Party A licenses the registered Class-I trademark (registration number: _ _ _ _ _ _) to Party B for use on the packaging of the products it sells.
ii. trademark identification: (attach a separate page)
iii. the license period is from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
at the expiration of the contract, if it is necessary to extend the use time, both parties shall renew the trademark license contract separately.
iv. the geographical scope of party a's permission for party b to use the trademark: e-commerce websites such as Taobao, paipai and Amazon in the people's Republic of China.
5. the form of party a's permission to party b to use the trademark is: permission to use the trademark is limited to party b's sales channels within the people's Republic of China.
Rights and obligations of both parties
VI. According to the Trademark Law of the People's Republic of China: "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 the products it produces meet the national requirements on the hygiene, quality, measurement, environmental protection, packaging, industry standards and legal description of the products.
VII. Party B shall not arbitrarily change the words, graphics or their combination of the registered trademark of Party A, and shall not use the registered trademark of Party A beyond the permitted product range.
VIII. 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. If they continue to use the trademark after the expiration, they shall re-sign the Trademark License Contract and renew the fee for filing. Otherwise, they will automatically terminate the contract.
IX. After the termination of the contract, Party B shall not use the trademark and logo authorized by Party A on the products it produces, or permit Party B to use the words specified in the 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.
1. within the validity period of the contract, party a has the right to supervise the quality of party b's products according to article 4 of the trademark law of the people's Republic of China, and party b has the responsibility to submit the packaging design manuscript to party a for review and filing, so as to avoid any violation of the law.
Xi. Party A authorizes Party B to use the trademark, which is based on the provisions of the Trademark Law of the People's Republic of China and the Implementation Regulations, to plan and package the corporate image and product image only for improving Party B's popularity and expanding market share. It is legally 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, as well as legal liabilities unrelated to this contract, shall not involve the other party; The creditor's rights and debts of Party A and Party B, as well as other legal disputes and responsibilities unrelated to this contract, cannot constitute joint legal liabilities to all parties.
xii. The effectiveness of the contract shall be subject to the date of signing by both parties. Ten days after the execution date is overdue. If Party B fails to take remedial measures within 3 days after receiving the notice from Party A, 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 the termination of this contract:
XIII. Party B's liability for breach of contract within 1 working days after signing this contract
XIV. Party B can't legally use the registered trademark beyond the conditions such as trademark category, commodity category, use area, use form and use period specified in the Trademark License Contract.
XV. Party B is limited to using the trademarks 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 for use in any form or for any reason, nor shall it be used as an investment to produce, sell and make profits with a newly established legal entity of a third party.
XVI. 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 duration of the license contract, Party A shall not unilaterally terminate Party B's right to use the trademark (except for the clauses that meet the conditions for termination of the contract).
XVII. if both parties violate the terms in the "liability for breach of contract", the amount of breach of contract by the breaching party is RMB 1,.
applicable law
XVIII. The conclusion, interpretation, effectiveness and dispute settlement of this contract are governed and protected by the Trademark Law of the People's Republic of China and the Implementation Regulations and other relevant laws and regulations.
settlement of disputes
XIX. If there is a dispute over the contract and it needs to be revised, it must be agreed by both parties, and the written contract can be signed and submitted to the original filing and trademark office for acceptance.
2. In case of losses caused by one party's failure to perform its obligations under the contract or serious violation of the provisions of the contract, the observant party has the right to claim economic compensation from the breaching party. Both parties reached an understanding through consultation that the observant party can continue to perform the contract after receiving compensation.
XXI. If no agreement can be reached on the contract dispute, the dispute can be submitted to the Arbitration Commission of the China Council for the Promotion of International Trade for arbitration in accordance with the Arbitration Regulations of the People's Republic of China. The arbitration result is final and binding on both parties.
this contract is made in triplicate. according to the trademark law of the people's Republic of China and the implementation 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 filing.
licensor (party a): _ _ _ _ _ _ _ _ _ _ licensee (party b) : _ _ _________
Legal representative: _ _ _ _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Through friendly negotiation, based on the principles of equality, voluntariness, honesty and mutual benefit, Party B has reached the following agreements on the promotion and sales of products designated by Party A by Party B in the designated areas:
1. Party A authorizes Party B to act as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. the authorization period of party a is from the signing date of this agreement to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. Party B may conduct all legal commercial activities in the name of "authorized distributor of Party A's products", but it shall not publicize in any exclusive name without permission.
4. Party B shall engage in marketing and sales activities within the authorized market area, and shall not engage in sales activities beyond the area. For cross-regional sales or sellers who do not follow the prescribed retail price, once found, they will be given a warning; For those who violate the rules twice in a row, they will be disqualified from receiving the award in that year; If the circumstances are serious, Party A has the right to cancel its agency qualification and all the rights and interests given in this agreement.
5. Party A will conduct nationwide advertising and provide market support. Party B shall make full use of the marketing resources provided by Party A with appropriate investment and actively carry out marketing activities. The wholly-owned investment of Party A includes: cooperation columns of major professional media, hard advertisements, online advertisements, etc.
6. party a has the right to set, publish and interpret the price of _ _ _ _ _ _ _ _ products. Party B must sell according to the market retail price stipulated by Party A..
7. Agency price:
The purchase quantity at one time shall not be less than _ _ _ _ _ _ _ _ sets.
the agent price is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
the agent price is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
if you purchase more than _ _ _ _ _ _ _ sets at one time, the agency price is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
8. Market retail price: RMB _ _ _ _ _ _ _ per set.
9. settlement method: all products are in cash, and the payment is delivered.
1. after receiving the payment from party b, party a will deliver the goods within _ _ _ _ _ _ _ working days.
party a: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
company seal: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
authorized representative of party a. _ _ _ _ _ _ ________
signing date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _
In order to develop the market, occupy the market share as soon as possible, and pursue * * * to win, Party A and Party B, through friendly negotiation, signed this power of attorney on the principle of legality, justice, mutual benefit and consensus, and both parties shall abide by it.
1. Agency product, region and duration:
1. Agency product name:
2. Agency region: (clearly to the district and county)
3. Agency duration: one year.
________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
responsibilities and rights of both parties:
(1) party a:
1. during the period when party b is the authorized agent of party a, party a shall not set up another agent in the agency area of party b.
2. Party A shall specify the person in charge of the region to guide and assist Party B in the marketing service in the region.
3. Party A guarantees that the goods (except special orders) will be delivered within 24 hours after Party B receives the payment, and that the products will be supplied for a long time.
4. Party A shall provide relevant product certificates and documents.
5. Party A guarantees the quality of the products, and implements the warranty commitment of replacement within three months, one-year warranty and lifelong maintenance.
6. Party A actively cooperates with Party B to train the sales staff's business skills.
7. Party A's marketing service center provides necessary market support according to Party B's demand.
(II) Responsibilities and rights of Party B:
1. Fill in and submit the application for authorized agent.
2. Investigate and understand the product demand information of relevant users within the jurisdiction.
3. Make annual and monthly sales plans, define districts and counties, products and estimated time, and organize the implementation of sales and service activities.
4. Make clear the specific product requirements and expectations of specific users, including implied requirements, and accurately and timely convey the user's requirements to the marketing manager of the jurisdiction.
5. Establish user product service files to maintain traceability of related products.
6. Provide effective market information to the marketing managers and marketing service centers in the jurisdiction.
7. Investigate and analyze the market competition and the potential demand information of users, and put forward the demand for service improvement to the marketing manager and marketing service center in the jurisdiction.
8. Standardize management, cultivate qualified marketing personnel and keep communication with marketing service centers.
9. Evaluate the service quality of the marketing manager and marketing service center in the jurisdiction, and participate in the marketing operation management of the company.
iii. assessment
the marketing service center assists the marketing managers in all regions to carry out dynamic assessment on the jurisdictions and agents. Agents who cannot provide sales plans and have no performance within 3 months will be demoted and re-authorized.
party a: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
company seal: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
authorized representative of party a. _ _ _ _ _ _ _ _ _ _ _ _ _ _
signing date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ On the principle of voluntariness, equality and mutual benefit, the following agreements are reached:
Article 1: Principle of agency
1. Party A authorizes Party B to be the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. in the process of acting as agent for party a's products, party b shall not damage the reputation and interests of party a in any form.
3. Party B can make comments and complaints about Party A's work, and contact Party A for specific matters.
4. the market area represented by party b is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
article 2: rights and obligations of party a
1. party a has the right to set and publish product prices.
2. Party A is responsible for advertising the products.
3. Party A has the right to supervise and inspect the implementation of Party B's agreement according to the relevant provisions of this agreement, and to assess the work progress and market behavior completed by Party B within a certain period of time, and has the right to decide whether to maintain its agency qualification.
4. Party A is responsible for providing technical support to Party B or its customers and assisting Party B in publicity, sales, training and after-sales service.
5. Party A continuously upgrades its products to ensure the advanced and perfect products, and provides them to Party B.