Cooperation Framework Agreement
Party A: Shenzhen Esun Industrial Co.,ltd.
Email?estore@brightcn.net
Party B
Contact person?
Email?
In order to promote Party A’s products, Party A engages Party B to promote Party A’s products in accordance with the provisions of this agreement and relevant appendix. Both parties reached the following agreement(“Agreement”) on promotion and release matters for mutual compliance:
1.Promotion
The promotion methods of Party A and Party B includes but limited to the following types:
£Party A pays a promotion fee to Party B, and Party B and its subsidiaries, Internet celebrities, etc. edit the promotion content for promotion.
£Party A puts Party A’s own promotional content on Party B’s media/platform for promotion.
£Resource replacement or other forms agreed upon by both parties.
2.Payment method
2.1Payment will be made in accordance with the following specifications and elements:
£ Commission Rate:5%
£Fee accounting standard: Per Sale Amount 5%
( Note: the order is a successful referral of the order,no refunds within 30 days.Per Sale based on data provided by Party A.)
£ Fee payment cycle: 30 days
(Note: After successful fulfillment of the order, i.e. from the time the customer confirms receipt of the goods.)
£ Currency: USD - United States dollar
2.2Party A pays the relevant fees to Party B through a PayPal account, and Party B provides a designated PayPal account for collection.
2.3 Party B undertakes that its collection account is the same as the collection account agreed in this Agreement. And guarantee the correctness of the information of the collection account. If Party B's account is incorrect and the payment fails, Party A shall not bear any responsibility arising therefrom.
2.4 If either party fails to perform its obligations under this Agreement or does not comply with the agreement in performing its obligations, it shall be liable for breach of agreement such as continued performance, remedial measures, or compensation for losses.
3.Confidential Information and Intellectual Property
3.1Both parties agree to maintain the confidentiality of this Agreement and its terms and take all necessary measures to prevent it from leaking to third parties. Without the written authorization of either party, the other party shall not publish or disclose the above-mentioned information during or after the expiration or termination of this agreement.
3.2 Unless otherwise agreed in writing, The copyright of the advertisements published by Party A using Party B’s media/platform belongs to Party A.
3.3 Party B shall follow the trademark usage guideline of Party A.
3.4 Party B shall not publish or pose any false, misleading information that will damage Party A’s reputation. If Party A engages in any behavior that causes losses, Party A reserves the right to pursue responsibility and recover compensation.
3.5 The Party B has a confidentiality obligation regarding the cooperation and the information of the Party A company. In case of any loss, the Party A reserves the right to recover.
4.Force Majeure
Caused by events beyond the reasonable control of both parties, or due to natural disasters, government or war acts, fires, floods, epidemic quarantine, restrictions, strikes, unusually bad weather, and delays by ordinary airlines, neither party shall be liable for breach of contract. The delayed party shall notify the other party in writing as soon as reasonably possible, describe all the relevant details, and remedy it in all reasonable ways.
5.Anti-Corruption
Party B and its subsidiaries and branches promise to abide by relevant anti-commercial bribery laws and regulations, and will not seek commercial bribes from Party A’s employees for direct or indirect commercial interests (including but not limited to cooperation opportunities and common interests).
6.Entire Agreement
The memorandum of understanding, confidentiality agreement, purchase order, supplementary agreement, mail exchange, and other documents signed by both parties are all supplementary agreements to this agreement. After the expiration or termination of this agreement, the supplementary agreement will continue to be effective.
7.Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of China. Any disputes arising from the performance of this agreement shall be resolved through friendly negotiation. If a consensus is not reached, both parties agree to submit the dispute to Shenzhen Court of International Arbitration for arbitration under its arbitration rules then in effect.7.
8.Entry into force
This Agreement shall come into effect upon confirmation of Party B's registration of an account.This Agreement has been drafted and written by both parties on an equal footing and after amicable consultation and is not a form clause. This Agreement shall be construed without regard to any assumptions or rules that would require an unfavorable interpretation or construction on the part of the party that drafted or caused the drafting of this Agreement.
