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Advertising companies make model contracts.
Model essay on advertising company's contract 1
Party A: (hereinafter referred to as? Party a? ) Party B: (hereinafter referred to as? Party B)
In view of the sales needs of Party A's products, Party B has the right to make advertising materials under this contract (hereinafter referred to as? Advertising materials? ) and legal qualifications, Party A entrusts Party B to make advertising materials under this contract.
A, advertising production project, content ():
Second, the production requirements and delivery of advertising materials:
1. Party A is responsible for providing Party B with the design draft (see Annex 1), and Party B shall make the design draft in strict accordance with the design draft, and submit the samples to Party A before [] of [], and Party B can carry out mass production only after being approved by Party A in writing. Otherwise, Party A has the right to require it to rework, and the expenses arising therefrom shall be borne by Party B. ..
2. Party B shall use its own equipment, technology and labor to complete the production of advertising materials in this contract. Without the written consent of Party A, Party B shall not hand over the production of advertising materials in this contract to a third party. Otherwise, Party A has the right to terminate the Contract at any time without any responsibility.
3. Party B shall complete the production of all advertising materials on [] of [] and deliver them to the delivery place designated by Party A: (Instruction ①). The transportation expenses and risks shall be borne by Party B. Party B shall properly package the advertisement according to its nature to make it suitable for long-distance transportation.
4. Party A shall check and accept the advertisement according to the contract, design draft and samples confirmed in advance. If it is qualified, Party A shall issue a written acceptance form, which shall be deemed as the completion of delivery by Party B; The unqualified products shall be replaced by Party B within 5 days, and the expenses shall be borne by Party B. ..
5. After Party A's acceptance, the advertising ownership will be transferred from Party B to Party A at the delivery place. Party B shall bear all or part of the loss, damage and other losses of advertising materials before acceptance; Party A shall bear the above losses after acceptance.
Three. Rights and obligations of Party A:
1. Party A is responsible for providing the design draft.
2. Party A has the right to supervise the production progress and quality, and put forward suggestions for improvement.
3. Party A shall pay the required funds to Party B on time in strict accordance with the contract payment period.
Four. Rights and obligations of Party B:
1. Party B shall submit the business license and corresponding qualification documents to Party A for inspection and filing;
2. Party B shall provide a detailed quotation list, provide a reasonable quotation to Party A, and propose a preferential scheme to Party A;
3. Party B shall process and produce advertising materials in strict accordance with the design draft provided by Party A; If Party B fails to produce the confirmed design draft, which causes losses to Party A, or fails to complete it on time, which causes Party A to delay the use, Party A may deduct the payment or postpone the payment according to the seriousness of the case, and the specific method shall be subject to the written notice of Party A; 4. Party B is responsible for the supervision of the whole design and production project;
5. Party B has the right to obtain the relevant information of each specific project. Party B shall have strict confidentiality obligations for all kinds of information obtained from Party A, including but not limited to design samples and related identification words. If Party B discloses without authorization, causing losses to Party A, Party B shall make compensation.
Verb (abbreviation for verb) Price and payment method:
1. Total contract price: RMB. Yuan (including tax)
(in words: RMB only) Apart from this, Party A has no further payment obligation.
2. Payment method and time: Party A shall make payment within [] months after receiving all advertising materials. Party B shall provide Party A with the legal and valid invoice of the total contract amount and the accounting confirmation letter specified in Article 9 (Annex 2) within 1 day after acceptance, otherwise Party A has the right to refuse payment.
Intellectual property rights of intransitive verbs
1. Party B must return any documents or other materials provided by Party A to Party A after use, and shall not keep copies. And delete the relevant information stored in Party B's computer. Otherwise, Party A has the right to pay absolutely.
2. Party A has complete intellectual property rights over the trademarks and design drafts of Party A provided by it, and Party B can only use the trademarks and design drafts of Party A on the advertising materials of Party A.. Party B shall not use Party A's trademark and design draft for purposes other than this contract or (intentionally or unintentionally) provide it to a third party. Once Party A is found, Party A has the right to pursue Party B's responsibilities and demand that Party B compensate Party A for all (direct and indirect) losses suffered as a result.
3. For the draft scheme under this contract, Party A owns all intellectual property rights including copyright from the beginning. Party B shall not use these design drafts for other purposes or (intentionally or unintentionally) provide them to a third party, otherwise, once found, Party A has the right to investigate Party B's tort liability.
Seven. Liability for breach of contract and compensation
1. If either party violates the provisions of this contract, the other party has the right to demand correction or dissolution of this contract, and demand compensation for all economic losses.
2. Except for force majeure, Party B shall deliver the samples and final advertising materials as required by Party A. If Party B fails to deliver them on time (including replacement within a time limit), Party B shall pay Party A a penalty equivalent to 1% of the total contract price for each day of delay. The liquidated damages shall be calculated from the second day of the delivery date stipulated in this agreement to the actual delivery date of Party B. If Party B delays delivery (including replacement within a specified time limit) for more than 65,438+00 days, Party A shall have the right to terminate the contract, and Party B shall pay a liquidated damages equivalent to 20% of the total contract amount to Party A. If Party B delays delivery and causes actual losses to Party A, Party B shall also bear corresponding compensation responsibilities.
3. Party A shall pay Party B on time. If Party A delays payment, it shall pay Party B a penalty of two ten thousandths of the delayed payment. The liquidated damages shall be calculated from the second day of the payment period stipulated in this agreement to the actual payment date of Party A. However, if Party A delays payment due to Party B's failure to provide the payment information stipulated in this contract, it shall not be liable for breach of contract.
4. If Party B's production work is suspected of violating the law or infringing on the legitimate rights and interests of a third party, Party B shall bear all the responsibilities arising therefrom, including but not limited to compensation for the losses caused to Party A. ..
5. The liquidated damages that have been determined shall not be affected by the termination of the contract and the liability for compensation for losses.
Eight. force majeure
If this contract cannot be performed due to force majeure, the party suffering from force majeure shall notify the other party as soon as possible after the force majeure occurs and take reasonable measures to prevent the loss from expanding. Neither party shall be liable for failure to perform due to force majeure. How to continue to perform the contract shall be settled by both parties through consultation. The party unable to perform its contractual obligations due to force majeure shall notify the other party of the occurrence and termination of force majeure that hinders the performance of its obligations as soon as possible, and provide necessary supporting documents, and put forward handling opinions in the notice. If damage is caused to the other party due to failure to notify in time, it shall be liable for compensation.
Nine. Pre-accounting check
1. Within 1 week after signing this contract, Party B shall check the existing account with Party A or its branches before signing this contract. If Party B has unsettled accounts with Party A or Party A's branches before the signing of this contract, Party B shall issue an account confirmation letter (in duplicate) to Party A within 1 week after the signing of this contract, and attach the expense details, which shall be signed and sealed by Party A to confirm the previous accounts. Party A and Party B each hold an account confirmation letter. The unsettled account confirmed by the account confirmation letter shall be paid in the way specified in the contract signed between Party B and Party A or Party A's branch at the time of the account occurrence or otherwise determined in the account confirmation letter.
2. This account confirmation letter is an effective annex to this contract (Annex 2).
X. Application of law and dispute settlement
1. The conclusion, validity, interpretation, execution, modification, termination and dispute settlement of this contract shall be governed by the laws of China and China.
2. Any disputes and disputes arising from the performance of this contract between Party A and Party B shall be settled through negotiation as far as possible; If negotiation fails, either party has the right to bring a lawsuit to the people's court where Party A is located, and the judgment is legally binding on both parties.
XI。 others
1. Other matters not covered shall be settled by both parties through negotiation.
Without the written consent of both parties, neither party may modify this contract.
3. The authorized representatives of both parties have been legally and effectively authorized to sign this contract, and this contract will take effect after the authorized representatives of both parties sign and seal it. It shall be valid until the date when the rights and obligations of both parties under this Agreement are fulfilled. After the termination or performance of the contract, the provisions on confidentiality and intellectual property rights shall remain valid.
4. This contract is made in duplicate, one for each party, with the same legal effect.
5. The annexes and supplementary agreements of this contract are an integral part of this contract and have the same legal effect as this contract. If the annex is inconsistent with this contract, this contract shall prevail.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on advertising company's production contract II
Party A:-
Party B:-
With regard to matters related to Party A entrusting Party B to make and install advertising pictures, Party A and Party B have reached an agreement through friendly negotiation in accordance with relevant laws and regulations and on the principle of equality, mutual benefit and common development, and hereby sign this contract for both parties to abide by.
Article 1 Cooperation Contents
Party A entrusts Party B to make and install the advertising screen of the community gate at the designated location.
Article 2 Term of Contract
The validity of this contract is from year to year. After the expiration of the contract, under the same conditions, Party B has the priority to renew the contract.
Article 3 Entrusted production expenses
The prices of the means of production involved in this contract are shown in the following table.
Article 4 Payment Terms
Party A and Party B shall pay the advertising production and installation fees in one lump sum within 60 working days from the date of installation acceptance, and Party B shall submit the corresponding advertising VAT invoice to Party A before payment.
Article 5 Rights and obligations of Party A
1. Party B has the right to put forward opinions on the problems in the production or installation process and ask Party B to improve. 2. Pay according to the contract requirements.
3. Provide Party B with sketches, keys, industrial and commercial registration numbers and other relevant materials needed for painting in time.
4. Responsible for coordination with third parties (such as residential property management, residential owners, urban management and other individuals or units). , which may hinder Party B's screen installation work). Article 6: Rights and obligations of Party B.. Party B has the right to demand payment from Party A according to this contract.
2. Party B shall make and install advertising pictures according to the design draft provided by Party A, and Party B shall be responsible for the quality of picture making and installation, but not for revision and proofreading.
3. For the confirmation of the sample draft, Party B shall take screenshots to the relevant person in charge of Party A for finalization, and reserve the confirmation opinions by taking screenshots. Moreover, Party B is only responsible for Party A, and any third-party requirements are beyond the scope of Party B's performance.
4. After the sample is confirmed, the paint must be made and installed within the specified time. In case of severe weather such as gale and rainstorm, Party B shall actively communicate with Party A to negotiate the completion date.
5. Party B shall ensure the construction safety and be responsible for all personal safety problems in the construction process. The installation process should be polite and not rude. In case of obstruction by a third party, Party B shall exercise restraint and report to the relevant person in charge of Party A in time, and Party A shall come forward to coordinate and solve it.
6. Party B shall provide Party A with paint acceptance photos within two working days after the production and installation.
Article 7: Liability for breach of contract
1. Force majeure factors
1) If the project cannot be carried out normally or the construction period is delayed due to Party A's reasons, the construction period will be postponed, which will not be regarded as Party B's breach of contract.
2) If the construction period is affected by force majeure (for example, the construction cannot be carried out for more than 8 hours due to weather), the construction period will be postponed, which will not be regarded as Party B's breach of contract.
2. If Party B fails to complete the production, installation, drawing change and retouching of advertising pictures within the time specified by Party A, it shall pay Party A a penalty of RMB 50 yuan for each day overdue; If Party A fails to pay the due amount, it shall pay the liquidated damages of 50 yuan to Party B for each day overdue.
3. Under the following circumstances, if one party breaches the contract, the other party has the right to terminate the contract:
1) Party A fails to pay the payables for 30 consecutive days;
2) Party B fails to complete the production, installation and maintenance of billboards as agreed by Party A, and the single overdue time exceeds 5 days, and the continuous overdue time reaches 5 times;
Article 8: Dispute Resolution Method
In case of any dispute during the performance of this contract, both parties shall settle it through consultation. If negotiation fails, one party to the contract may bring a lawsuit to the people's court with jurisdiction.
Article 9: Others
This contract is made in duplicate, one for each party, with the same legal effect. This contract shall come into effect as of the date of signature and seal by both parties.
For matters not covered in this contract, both parties shall negotiate separately and sign a written supplementary agreement.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model contract of advertising company 3
Party A:
Party B:
In accordance with the relevant provisions of the Contract Law of People's Republic of China (PRC) and the specific conditions of advertising products, both parties sign the following terms and conditions based on the principles of voluntariness, equality and mutual benefit, which * * * will abide by.
I. Overview of the Project
1. Project name: 1. Longhu New Town billboard 6m? 20m layout
2. Longhu New Town Spiritual Fortress 2m? 9m? 0.8m (width? Tall? Thick)
3. Guancheng Huafu Spiritual Fortress 1.5m? 8m? 0.45m (width? Tall? Thick)
2. Project content: Party A entrusts Party B to complete the production and installation of outdoor billboards.
3. Project contracting mode: In this project:
1. The billboard of Longhu New Town is provided by Party A and entrusted to Party B for production and installation;
2. The spiritual fortress of Longhu New Town shall be manufactured and installed by Party B;
3. Guancheng Huafu Spiritual Fortress shall be manufactured and installed by Party B;
Party B shall process and install the billboard structure according to the drawings provided by Party A. ..
4. Project quality: Party B must make and construct in strict accordance with the drawings recognized by both parties and relevant process requirements of the industry (see the effect drawing for structural materials, etc.). ).
5. Construction period: 65,438+00 days, counting from the date of signing this contract.
Second, the total project cost and payment method
1. Total project price: * * including 1. Billboards in Longhu New Town.
2. Longhu New Town Spiritual Fortress Court
3. Guancheng Huafu Spiritual Fortress Court
2. Payment method: After all products are completed and accepted by Party A, Party A will pay the fees by installments.
Three. Responsibilities of both parties:
(I) Party A's responsibilities
1. The relevant examination and approval procedures for billboards shall be handled by Party A, and Party B shall provide assistance.
2. Party A shall send an on-site representative to supervise the progress and quality of the project.
3. Party A is responsible for the payment of the project price and completion settlement, and is responsible for organizing the completion acceptance of the project.
(II) Party B's responsibilities
1. Party B is responsible for completing the project content agreed in this contract with good quality and quantity, and ensuring the structural safety of the billboard. The warranty period of billboards is 5 years. During the warranty period, if the structure is damaged under normal use due to the quality problems of steel structure fittings, Party B shall be responsible for compensating the losses. If the quality problems of billboards are caused by improper production, installation and maintenance, Party B shall bear all the responsibilities.
2. After the billboard is installed, Party B shall be responsible for free maintenance within five years and bear relevant expenses.
3. Acceptance of project quality: Party B shall notify Party A of the completion of the project.
4. Party B shall be fully responsible for all safety accidents during the production, installation, maintenance and use of billboards. If losses are caused to Party A, Party B shall be liable for compensation. ..
Four. Liability for breach of contract and dispute resolution:
1. Party B shall ensure that the engineering quality, structural firmness, wind resistance and other indicators meet relevant regulations. If it does not meet the relevant regulations, Party B shall bear the rework and corresponding losses.
2. If Party B fails to complete the project within the time stipulated in the contract, Party B shall compensate Party A for the loss at the rate of 3% of the total project cost for each day overdue.
3. If there is any dispute between Party A and Party B, both parties shall settle it through consultation; If negotiation fails, it shall be decided by the people's court where the project is located.
Verb (short for verb) others
1. This contract shall come into effect as of the date of signature and seal by both parties. Matters not covered in this contract shall be settled by both parties through consultation, and a supplementary agreement shall be signed, which has the same legal effect as this contract.
2. This contract is made in duplicate, one for each party, with the same effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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