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Advertising agency contract
Party A: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _
The first preface
On the basis of equality and mutual benefit, Party A and Party B have reached the following agreement on Party B's agency of Party A's website hereinafter referred to as Party A's website through friendly negotiation.
Article 2 Form of agency
1. Party A chooses Party B as the online advertising agent (non-exclusive agent) of Party A's website in _ _ _ _ _ _ _ _, and represents all forms of advertisements granted to Party B by Party A in writing. Party B may accept the entrustment of the advertiser to design, produce and provide Party A with the Internet advertisement that the advertiser intends to publish on Party A's website;
2. Party B shall provide Party A with an advertising draft in electronic file format and send an advertising order to Party A by fax. Party A shall release the advertisement in time according to the requirements of Party B's order (Party B promises to confirm the advertising position and release time with Party A orally, and confirm the advertising order to Party A in writing three working days in advance).
Article 3 Rights of Party A
3. Party A has the right to choose other agency companies;
4. Party A can determine the proportion of agency fees obtained by Party B according to the agency situation of Party B and the preferential policies of different levels of agents;
5. Party A has the right to change its standard quotation according to market demand, operating conditions and other factors. If it is necessary to change the quotation, Party A shall notify Party B one week before the implementation of the new price scheme. The signed contract shall be executed at the original signing price;
6. Party A has independent and absolute control over the setting of advertising space on its website, but shall ensure the smooth implementation of the contract signed with Party B. ..
Article 4 Rights of Party B
1. If Party B represents Party A's advertising business, Party B has the right to charge corresponding agency fees according to Party A's standard quotation; (The agency fee is _ _ _ _ _ _ _% of the standard quotation. If Party B completes the advertising revenue of more than _ _ _ _ _ _ _ million yuan for Party A during the agency period, the agency fee will be increased to _ _ _ _ _% of the standard quotation, and the new agency rate is not retroactive).
2. Where Party B recommends a customer who directly contacts Party A, Party A signs an advertising contract with the customer to obtain benefits, and Party B has the right to charge the corresponding agency fee according to the actual turnover (the agency fee is _ _ _ _ _ _% of the actual turnover).
3. Party B can adjust its advertising price or preferential margin to customers according to market conditions, and Party B has the right to quote _ _ _ _ _ _% of the standard price; Party B has the right to continue to choose its subordinate agencies.
4. The advertising agency under Party B approved by Party A has the right to place advertisements on Party A's website on behalf of advertisers, and is responsible for paying the payable funds according to the advertising release plan.
Article 5 Party A's responsibilities
1. Party A warrants and agrees to abide by all laws, decrees, regulations and rules when operating its website and webpage;
2. Party A must strictly implement the advertising release plan signed by both parties and release advertisements on time according to the contract;
3. Party A is responsible for the specific work of advertising, including:
① vacancy inquiry;
(2) advertising arrangements;
(3) supervise the advertising situation.
4. Party A is responsible for planning the basic production of advertisements, including:
① banner advertising production;
(2) making ordinary web pages.
Article 6 Responsibility of Party B
1, responsible for the agency work of Party A's online advertising in _ _ _ _ _ _ _ _ _ _;
2. Regularly report the recent progress of agency work to Party A, so that Party A can make an appointment or make overall coordination;
3. Provide Party A with online advertising information feedback from the market in time.
4. The advertisements provided by Party B must comply with the relevant provisions of the Advertising Law of People's Republic of China (PRC) (hereinafter referred to as the Advertising Law), adhere to authenticity and legality, meet the requirements of socialist spiritual civilization construction, and the pictures, contents and language of the advertisements must conform to the guidelines stipulated in Chapter II of the Advertising Law. If the Advertising Law stipulates that proof documents should be provided to advertisers, Party B must provide relevant documents to Party A. Party A has the right to refuse to broadcast or modify advertisements that do not meet Party A's broadcasting requirements.
5. Party B shall ensure that the advertising content it examines does not contain or link to the following categories:
(1) Other contents that may be identified as libel, pornography, obscenity or prohibited by law;
② Any content that infringes the intellectual property rights (including copyrights, patents, trademarks and trade secrets) or other related rights of a third party;
③ Content that infringes the public image or privacy of any third party;
(4) Contents that are explicitly prohibited by other laws.
6. Agency fee income and the burden of various taxes and fees.
Article 7 Release plan changes
After the advertisement release plan is confirmed, if it is necessary to change the release plan due to the reasons of Party B's customers, Party B shall notify Party A at least _ _ _ _ days in advance, and the broadcast plan can only be modified after Party A agrees. Party A has the right to change the broadcast time and advertising position according to the adjustment of the columns on its website. In case of any change, Party A shall notify Party B _ _ _ _ days in advance, and modify the advertising release plan after Party B agrees.
Article 8 Payment
1. Both parties shall strictly implement the signed advertising release plan, and Party B must pay the specified amount and pay the deposit (the deposit is _ _ _% of the total advertising amount) before the broadcast.
2. After Party A executes the advertising release plan, Party B shall pay all advertising expenses except the down payment according to the signed advertising plan, and settle the accounts on _ _ _ _ every month.
Article 9 confidentiality
1. Party A and Party B promise not to disclose the information about the terms of this contract or the information designated by the other party to any third party.
2. Information or patents that should be kept confidential or have reason to be kept confidential, including (but not limited to) sales costs and other undisclosed financial information, products and business plans, design schemes, marketing data and sponsor information, but excluding the following information:
① Information obtained through legal channels or information independently developed by one party;
(2) The information already disclosed in the public materials;
(3) Information that has been widely known by the public;
④ Information obtained from a third party through legal channels;
⑤ Information required to be disclosed by law.
Article 10 Term of Contract
This contract shall come into effect as of the date when the authorized representatives of Party A and Party B sign and seal it, and the validity period is _ _ _ _. After the expiration, both parties have the priority to renew the contract or both parties can extend it without objection.
Article 11 Liability for breach of contract
1. If one party fails to perform this contract or violates the relevant provisions of national laws, the other party has the right to terminate this contract, and the losses caused thereby shall be borne by the breaching party.
2. In case of missed broadcast or wrong broadcast due to Party A's reasons, Party A shall make timely compensation in the form of one missed broadcast and two supplements.
3. In case of any dispute during the execution of this contract, both parties shall settle it through friendly negotiation. If negotiation fails, either party has the right to bring a lawsuit to a court with jurisdiction.
Article 12 Force Majeure
1. In case of force majeure beyond Party A's control (including Internet failure, China Telecom or _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Due to the restrictions of newly promulgated laws, regulations and rules, or the requirements of the Party's policies and government regulations, the two parties fail to implement the advertising release plan, and the two parties shall not be responsible for each other.
Article 13 Special Agreement
If the companies of Party A and Party B are reorganized or renamed, this contract shall be re-negotiated after confirmation by both parties.
Article 14 Jurisdiction by law
The conclusion, validity, interpretation, performance and dispute settlement of this Contract shall be governed by the laws of People's Republic of China (PRC).
This contract is made in duplicate, one for each party, with the same legal effect.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
Contact: _ _ _ _ _ _ Contact: _ _ _ _ _ _
Address: _ _ _ _ _ _ Address: _ _ _ _ _ _
Tel: _ _ _ _ _ Tel: _ _ _ _ _ _
Fax (seal): _ _ _ _ _ Fax: _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _
Advertising Agency Contract (2)
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Based on the principle of equality and mutual benefit, Party A and Party B have reached an agreement on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 1 Relationship between the two parties
1. Both parties to the agreement are legal persons and independent contractors.
2. Party B is willing to be _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Both parties agree that each party has independent rights and obligations, except for the mutual relations expressed in this agreement. Any lawsuit or claim of a third party caused by any party's debts or business activities shall be borne by that party independently, and the other party shall not be jointly and severally liable.
4. Both parties agree that the time limit for Party B to represent Party A's advertising business is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. During this period, Party B shall not entrust the advertising agency to a third party, otherwise Party A has the right to cancel Party B's advertising agency qualification and demand economic compensation.
In order to communicate, exchange information and coordinate business, both parties agree to hold work coordination meetings regularly or irregularly.
Article 2 Responsibilities and Obligations of Party A
1. Party A shall provide Party B with "_ _ _ _ _ _ _ _ _ _" advertising space, and the advertising space shall be arranged on a monthly basis as agreed: no less than _ _ _ _ _ _ _ _ pages shall be provided each month; Please report to Party A one week in advance if you have special advertisement layout requirements.
2. If Party A guarantees that Party B's advertising space or Party B's advertising space is not fully utilized according to the agreed number, Party A has the right to arrange advertising space by itself.
3. Party A has the right to supervise and inspect the business development of Party B; Review and publish the advertisements contracted by Party B. () Have the right to adjust the price of advertising publications according to market conditions and notify Party B in writing.
4. Party A has the obligation to let Party B know the theme of the monthly magazine for Party B's reference in the advertising agency business. Party A agrees that Party B has the right to propose special activities.
5. Party A agrees to provide advertising design, activity planning and corresponding support for customers contacted by Party B, and collect relevant fees as agreed by both parties.
6. Party A agrees that Party B is the contracting unit of _ _ _ _ _ _ _ _ _. In order to cooperate with the development of advertising business, Party A agrees to provide Party A with 8 magazines every month during the agreement period, and the magazine fees will be deducted from Party B's profits by Party A..
Article 3 Responsibilities and Obligations of Party B
1. Party B has the responsibility to fully develop the advertising market of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ All expenses arising from agency activities shall be borne by Party B. ..
2. Party B promises to negotiate business with customers in strict accordance with the advertising price stipulated by Party A. In special circumstances, Party B can only implement it after obtaining Party A's consent. All advertisements provided by Party B and published by Party A shall comply with the laws, regulations and relevant policies of People's Republic of China (PRC). If Party B breaches the guarantee and causes losses to Party A, Party B shall be liable for compensation. If the advertisement represented by Party B cannot be published due to lack of relevant qualifications, Party B shall notify the customer in time and go through the refund formalities as soon as possible after the customer confirms it.
3. The way for Party B to pay the agency fee to Party A: According to the amount actually received by the advertiser, Party A gets _ _ _ _ _ _ _ _ _%, and Party B gets _ _ _ _ _ _ _ _ _ _% for settlement, and both parties shall bear the taxes separately. Party B shall settle accounts with Party A within one week after the advertising funds are in place. After deducting the activity expenses, the business activities of both parties participating in the organization shall be settled according to the proportion of _ _ _ _ _ _% of Party A and _ _ _ _ _ _% of Party B, and each party shall bear the taxes.
4. "_ _ _ _ _ _" is a monthly magazine, which will be printed on _ _ _ _ every month, and the deadline is _ _ _ _ _. Party B shall submit the advertisement (four-color, 175 line, 3mm bleeding, simplified Chinese version) and the final notice to Party A for review and printing at least _ _ _ _ days before the deadline (days before each month), so as not to affect the publication date of Party A. Due to Party B's delay, the advertisement cannot be published in this magazine, and the losses shall be borne by Party B. ..
5. Party B agrees to submit complete and accurate advertiser information to Party A as a backup during the agreement period. The cooperation agreement between Party B and advertisers shall be properly kept by Party B, and any disputes or losses caused by Party B shall be resolved by Party B itself.
6. During the term of the agreement, Party B shall inform Party A of the advertising investment once a month to coordinate the business of both parties. If Party B's company address, telephone number and contact person change, it shall promptly notify Party A in writing. Party B shall be responsible for the losses caused by Party B's failure to notify in time.
Article 4 exemption clause
1. When the normal services and technical support provided by Party A to Party B are affected by force majeure or unexpected events, it shall not be regarded as Party A's breach of contract; The external conditions caused by force majeure are seriously damaged, which causes the activities jointly organized by both parties to be blocked or cancelled. Party A shall not assume other responsibilities for Party B and its contacts except for returning relevant expenses to advertisers. Party B agrees with this.
2. It is normal for both parties to agree that the activities that have been started need to be postponed for some reason, and it is not a breach of contract.
3. Party A reserves the right to change the publication date and number of pages due to external factors, but shall notify Party B of the above changes _ _ _ days in advance. Both parties agree that the above changes will not affect the continued performance of this agreement.
Article 5 Termination of the Agreement
The proposer shall notify the other party in writing _ _ _ _ days in advance if this Agreement is dissolved under the following circumstances:
1. Both parties agree to dissolve this agreement.
2. The term of this agreement expires.
3. If one party's qualification disappears, if the company is cancelled or goes into bankruptcy or liquidation procedures, the other party has the right to dissolve this agreement unless the company is reorganized, renamed, divided or merged with a third party.
4. If one party fails to perform or violate its obligations under this Agreement and fails to take remedial measures after the other party has given it a certain period of time, the other party has the right to terminate this Agreement because the expected benefits of this Agreement cannot be realized or it is unnecessary to continue to perform this Agreement.
5. If one party explicitly expresses non-performance of obligations or shows non-performance by actions, the other party may terminate the agreement.
6. Due to force majeure or unexpected events, it is impossible or unnecessary to continue to perform the agreement, and both parties may request to terminate the agreement. After the termination of the agreement, the rights and obligations of both parties under this agreement will be terminated, but the obligations that one party should perform before the termination of the agreement still need to be performed.
7. Unless the agreement is dissolved due to force majeure or unexpected events, the party that caused the dissolution of the agreement shall compensate the other party for the losses suffered due to the dissolution of the agreement.
Article 6 Supplementary Provisions
1. This agreement shall come into effect after being signed and sealed by both parties. Any change shall be negotiated by both parties and confirmed in writing. This agreement is made in duplicate, one for each party.
2. For matters not covered in this agreement, both parties shall sign a supplementary agreement after friendly negotiation, and the supplementary agreement shall have the same legal effect as this agreement.
Party A: _ _ _ _ _ _ _ magazine
(Signature and seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
(Signature and seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Advertising agency contract (3)
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In order to seek common development, the two sides reached the following understanding through consultation:
1. Party A authorizes the publishing right of "_ _ _ _ _ _ _ _ _ _" advertising business to Party B's general agent, and Party A shall not entrust it to other companies. Party B is the sole agent for the medical advertising business, news topic, product soft writing and agency business of this website.
2. Agency term
_ _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _ _ _ _ _ _. * * * * years.
3. Agency price
1) Investment promotion advertisement and product advertisement (picture): a. The agency release price is RMB _ _ _ _ _ _ _ _ _ _ _ _; B. Date of release: _ _ _ _ _ _ _ _ _ _ _ _; C, during the release period, according to the customer agreement, replace the new advertising content; D. Publish columns such as medical information and medical investment promotion.
2) Recruitment advertisements and soft advertisements: a. The agency's release price is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C, during the release period, according to the customer agreement, replace the new advertising content; D. Publish columns such as talent salon and medical information.
3) Special topics, newsletters, reportage and large-scale activities (pictures): a. The agency release price is RMB _ _ _ _ _ _ _ _ _ _; B. Date of release: _ _ _ _ _ _ _ _ _ _ _ _; C, during the release period, according to the customer agreement, replace the new advertising content; D, release medical information, hospital double line, chain online and other columns.
4. Method of payment
Payment arrangement released.
5. All agents of Party B shall publish business without violating relevant national laws and regulations.
6. Matters not covered herein shall be discussed separately by both parties.
7. This contract is made in duplicate, one for each party.
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