Party A: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _
Based on the principles of voluntariness, equality, fairness, honesty and credibility, Party A and Party B have entered into this Agreement through friendly negotiation in accordance with relevant laws and regulations of People's Republic of China (PRC), for mutual compliance.
Article 1 Within the scope of this Agreement, the relationship between the two parties is determined to be cooperative. In order to expand the market and better serve consumers, according to the company's plan, Party A agrees that Party B will join the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 The purpose of signing this Agreement is to ensure that Party A and Party B faithfully perform their obligations and rights stipulated in this Agreement. Party B conducts economic activities as an independent enterprise legal person or operator. Therefore, he must abide by the same legal requirements for all enterprise legal persons or operators, especially the rules on qualifications and social and financial business requirements. As an enterprise legal person or operator, Party B shall bear all risks in its activities and profit from its legal operation. Party B is not an agent of Party A, nor is it an employee or partner of Party A. Since Party B is not an entrusted representative of Party A, Party B has no right to sign an agreement in the name of Party A, which makes Party A liable to a third party in any way, otherwise Party A will bear the expenses and undertake any obligations. The conclusion of this agreement does not grant Party B any right to bind Party A or its affiliated enterprises, and Party A has the final right to interpret any terms of this agreement.
Article 3 The term of validity is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 In order to better manage the area under the jurisdiction of Party B, Party A shall develop and provide marketable products, ensure that the product quality meets the standards, reasonably price and ensure the supply of Party B to the greatest extent. During the term of this agreement, Party A promises to actively assist Party B to undertake the functions of market logistics and organization, design the market and expand the market network according to Party A's plan. Party A promises to consign the goods and related matters for Party B according to Party B's requirements, and transport them to the place designated by Party B in the way required by Party B, and the transportation and insurance expenses shall be paid by the beneficiary Party B. Party A shall provide appropriate training and guidance to Party B.. As a necessary condition for market development and business expansion, ensure the continuous unity of the whole system. Party A is responsible for organizing brand promotion, cooperating with Party B, which undertakes the functions of market logistics and organization, to carry out regional promotion activities and support Party B's operation to the maximum extent. Before the advertising and promotion activities, Party A shall inform Party B of the relevant activity materials, so that Party B can make preparations and respond before the activities. Party A shall determine the VIS image design of Party A's brand and products, relevant light box advertisements, POP advertisements, interior and exterior decoration design and furnishings of the store, and provide corresponding guidance to Party B. ..
Article 5 Party B shall protect Party A's trademarks and other intellectual property rights and standardize the use of Party A's trademarks. Party B has the obligation to assist Party A in counterfeiting and market supervision. Report acts of unfair competition such as counterfeit and shoddy products and commodity smuggling and provide evidence. Cooperate with Party A to coordinate and communicate with relevant local law enforcement departments. Party B can only conduct business in the area authorized by Party A, and shall not sell goods in other areas. If there is no area operated by other dealers, Party B must apply to Party A for business expansion.
Party B can only purchase goods from the purchase channels designated by Party A, and cannot take goods from other places. Through market segmentation, orderly management and reasonable layout, the supply of outlets is effectively supported, and it is not allowed to operate other brand products or sell counterfeit products. During the validity period of this agreement, the retail price of outlets in Party B's area shall remain uniform within the price range suggested by Party A, and the price shall not be adjusted substantially at will. Party B has the obligation to collect the required market information for Party A, or conduct market research according to Party A's requirements, and make a summary report to Party A within the specified time limit. Keep Party B's business records for Party A's verification.
Article 6 Party B has the right to use the trademark, trademark logo and VIS image design within the scope authorized by Party A, and to use the business technology and business secrets provided by Party A within an appropriate scope. Party B has the right to purchase goods from the purchase channels designated by Party A and sell them within the scope specified in this Agreement. Party A has the right to unconditionally return the products provided by Party A due to its own quality problems, but Party B shall take care of Party B's business problems, the right to receive the training and guidance provided by Party A, and the right to independently handle matters other than those specified in this Agreement. Exercise the rights granted by Party A within the agreed scope. Party B undertakes the functions of market logistics and organization, and has the right to recommend and evaluate the distributors or retailers within its jurisdiction. However, the recommended dealers and retailers must apply to Party A, sign an agreement and be issued a certificate by Party A before they can operate.
Article 7 If Party B violates this Agreement, that is, it commits illegal business, counterfeiting, selling fake goods, maliciously channeling goods, infringing Party A's intellectual property rights and other acts that seriously infringe upon Party A's legitimate rights and interests, this Agreement shall be deemed to be terminated immediately. Party A has the right to take the following measures against Party B:
1. Party B is ordered to dismantle all light boxes and all related decorative appliances, store decoration and publicity materials at its own expense. Party B shall bear all losses of investment in software and hardware equipment. 2. Put forward a law enforcement request to the relevant law enforcement authorities, and seal up all goods of Party B with Party A's trademark. ..
3. Request judicial law enforcement organs to investigate Party B's compensation liability and legal liability according to law. Meanwhile, Party B must
(1) Settle the financial relationship with Party A (the supplier designated by Party A).
(2) Party A's goods shall not be sold again.
(3) Must bear the customer's follow-up service costs, including returns, maintenance, claims, etc.
Article 8 Party A's trademark belongs to Party A's intellectual property rights and is protected by national laws. The logos of all related products belong to Party A. Without the prior written authorization of Party A, Party B shall not use Party A's name, business logo, company logo and other contents and logos related to the company's intellectual property rights for industrial and commercial registration, business recruitment, advertising, etc. The logo provided by Party A shall not be used for any transaction other than this agreement. Party B promises not to print relevant trademarks, logos and advertisements without authorization; Do not make certificates, certificates, business cards, shelving cards, bronze medals, etc. The general distributor, general agent or representative office operates without authorization; It is not allowed to change the unified image, make and install signboards, light boxes and related signs without authorization. If Party B violates the regulations, Party A has the right to unilaterally terminate the agreement, and Party B shall not only bear the liability for breach of contract according to the regulations, but also compensate Party A for all the losses suffered as a result.
Article 9 If both parties are unable to perform their business due to force majeure or uncontrollable or unpredictable events, including natural disasters, wars, government actions and social unrest, the performance of this Agreement may be terminated. In case of force majeure, the party invoking force majeure must immediately notify the other party of the occurrence of the event in writing or by fax or telex (if necessary) within 65,438+05 days or _ _ _ _ days after the communication barrier is removed. If he fails to do so within the above time limit, he will not be able to continue to benefit from this agreement.
This Agreement shall be governed by the laws of People's Republic of China (PRC).
Article 10 In case of any dispute over the existence, validity, performance, interpretation and termination of this Agreement, both parties shall settle it through friendly negotiation. If the dispute cannot be settled through negotiation within three months from the date of occurrence, or either party refuses to negotiate, either party may bring a lawsuit to the people's court where this agreement is signed for adjudication.
Article 11 The signing place of this Agreement is Nanjing. This agreement is made in duplicate and shall come into force as of the date of signature by both parties. Each party holds one copy for the record, and the copy is invalid. Party B hereby confirms that it has signed this Agreement, read and understood the terms listed in this Agreement, and agrees to be bound by it.
If a clause is deemed inapplicable or invalid, it can be changed and amended in the supplementary agreement to this agreement. The inapplicability or invalidity of this clause shall not affect the validity of the whole agreement. Changes and amendments in the supplementary agreement signed at the same time have the same legal effect as this agreement.
Party A: _ _ _ _ _ _ _ _ _ _ _
Official seal: _ _ _ _ _ _ _ _ _ _ _
Principal: _ _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _
Official seal: _ _ _ _ _ _ _ _ _ _ _
Principal: _ _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _ _ _
Cooperation mode (2)
The project cooperation agreement consists of the project investor (hereinafter referred to as Party A) and the project technical director (hereinafter referred to as Party B).
A:, ID number:, native place
B:, ID number:, native place
Based on the principles of fairness, equality and mutual benefit, Party A and Party B have reached the following cooperation agreement:
Article 1 Party A and Party B voluntarily cooperate in the plastic and metallic paint project, with a total investment of 200,000 yuan, with Party A contributing 6,543,800 yuan+500,000 yuan, and Party B contributing 50,000 yuan and technical and customer resources.
Article 2 A partnership enterprise is established as a partnership enterprise according to law. During the partnership, the property contributed by the partners shall be owned by * * * and shall not be divided at will. After the partnership is over,
The capital contribution of each partner is still owned by the individual and will be returned at that time.
Article 3 The term of operation of this partnership is three years. If it is really necessary to extend the time limit, the relevant formalities shall be handled six months before the expiration.
Article 4 Both parties jointly operate, and the profits generated by the partners' execution of the partnership firm shall be owned by all partners, and the losses or civil liabilities incurred shall be borne by all partners.
Article 5 The fixed assets and surplus of an enterprise shall be distributed according to the proportion of 60% of Party A's net sales profit and 40% of Party B's net sales profit.
Article 6 Party A shall bear 60% of the debts of the enterprise and Party B shall bear 40% ... After either party pays off the debts, the other party shall pay off its share to the other party within ten days in proportion.
Article 7 10% of the total sales profit of the project products shall be invested annually. Divide the sales profits and settle them within one year.
Article 8 For matters not covered in this Agreement, both parties may supplement it, and the supplementary agreement has the same effect as this Agreement.
Article 9 This Agreement is made in duplicate, with each partner holding one copy. This agreement shall come into force as of the date of signature (or seal) by both parties.
Article 10 From the date of signing the agreement, Party B shall be responsible for technical and market development and after-sales follow-up, and Party A shall be responsible for management and daily affairs.
Article 11 The validity period of this Agreement is tentatively set at three years, counting from the date when the representatives of both parties (Party B himself) sign it, that is, from _ _ _ to _ _ _ _ _.
Article 12 Dispute settlement
1. Any dispute arising from the execution of this contract shall be settled through friendly negotiation;
2. If both parties fail to reach an agreement through consultation, they shall submit it to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law;
Article 13 After the expiration of this agreement, if neither party requests to terminate the agreement, it shall be deemed that both parties agree to continue cooperation, and this agreement shall remain valid, but
If the cooperation is not continued, the withdrawing party shall submit a written withdrawal text to the other party three months in advance, and hand over its own materials and customer resources related to this contract project to the other party.
Article 14 Handling of breach of contract
If one party violates any terms of this contract, the observant party has the right to terminate the execution of this contract and demand the defaulting party to compensate the losses according to law. Article 15 Termination of the Agreement
1. If one party violates this agreement, the other party has the right to terminate the cooperation agreement.
2. The cooperation agreement expires.
Both sides agreed to terminate the negotiation.
4. If one partner has legal problems that cause damage to the enterprise, the other party has the right to cancel the matters not mentioned in Article 16 of the cooperation agreement, and both parties can negotiate a supplementary agreement, which has the same effect as this agreement.
Article 17 This contract is made in duplicate, each party holds one copy, which has the same legal effect.
Party A: (signature) Party B: (signature) Address:? Address:
Signing place of this contract: _ _ _ _ _ _ _?
The signing date of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model Cooperation Plan (3)
Party A: _ _ _ _ _ _ _ _ _ _ Party B:
The above-mentioned parties * * * have reached the following agreement with the investor (hereinafter referred to as "the investor") through friendly negotiation, in accordance with the provisions of People's Republic of China (PRC) laws and regulations, and on the principle of mutual benefit, for both parties to abide by.
Article 1 * * * Investors' capital contribution is consistent with their capital contribution methods.
Party A and Party B agree to take the company registered by both parties (hereinafter referred to as "the company") as the project investment subject.
Contribution of each party: Party A accounts for _ _ _ _ _% of the total contribution; Party B accounts for _ _ _ _% of the total investment.
Article 2 Profit sharing and loss sharing
* * * Share the profits and losses of * * * with investors according to the proportion of their capital contribution to the total capital contribution.
* * * An investor shall be liable for the same investment to the extent of its capital contribution, and an investor shall be liable for a joint stock limited company to the extent of its total capital contribution.
* * * Shares contributed by the same investor and their aquaculture products * * * are owned by the same investor in proportion to their contribution.
* * * After the shares of the same investor in a joint stock limited company are transferred, each * * * same investor has the right to acquire the property in proportion to its capital contribution.
Article 3 Business execution
1.*** The investor entrusts Party A to represent all * * * and carry out the daily affairs of * * * together with the investor, including but not limited to:
(1) Exercising and fulfilling the rights and obligations as a promoter of a joint stock limited company at the stage of its establishment;
(two) after the establishment of the joint stock company, exercise the rights of shareholders of the joint stock company and perform corresponding obligations;
(3) Collect the results of joint investment and dispose of them in accordance with the relevant provisions of this Agreement;
2. Other investors have the right to check the implementation of daily affairs, and Party A has the obligation to report the operating status and financial status of the joint investment to other investors;
3. The profits generated by Party A's execution of the * * * joint investment firm shall be owned by the * * joint investor, and the losses or civil liabilities incurred shall be borne by the * * * joint investor;
4. If Party A causes losses to other investors due to negligence or non-compliance with this agreement when performing affairs, it shall be liable for compensation;
5.*** The same investor may object to Party A's execution of the same investment affairs. When raising an objection, the execution of the transaction shall be suspended. In case of dispute, it shall be decided by all investors.
6.*** The following joint investment matters must be agreed by all * * * joint investors:
(1) Transfer the shares invested by * * * in a joint stock limited company;
(2) Pledge with the above shares;
(3) Change the executor of the transaction.
Article 4 Transfer of investment
1.*** When transferring all or part of its investment in * * * and investors to people other than * * * and investors, all * * and investors must agree;
2. When * * * transfers all or part of its investment with investors, it shall notify other * * * and investors;
3.*** If the same investor transfers its capital contribution according to law, other investors with the same * * * have the priority to be transferred under the same conditions.
Article 5 Other rights and obligations
1. Party A and other * * * investors shall not transfer or dispose of the shares invested by * * * without authorization;
2.*** Within three years from the date of registration of a joint stock limited company, the same investor may not transfer its shares and capital contribution;
3. After the establishment of a joint stock limited company, no * * * co-investor may withdraw its capital contribution from the * * * joint investment;
4. When a joint stock limited company cannot be established, the debts and expenses arising from the establishment shall be shared according to the proportion of capital contribution of each investor.
Article 6 Liability for breach of contract
In order to ensure the actual performance of this agreement, Party A voluntarily provides all its guarantees to other investors. Party A promises to bear the liability for breach of contract to other investors with the above-mentioned property in case its breach of contract causes losses to other investors.
Article 7 Others
1. For matters not covered in this agreement, a supplementary agreement shall be signed separately by * * after consultation with the investor.
2. This agreement shall come into effect after being signed and sealed by all investors. This agreement is made in duplicate, with each investor holding one copy.
Party A (signature): _ _ _ _ Party B (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _