Affiliate contract


Release Time:2016-05-14 11:33:33
Last Modified:2017-03-16 10:57:15

First, the parties to the contract

Licensee: ______ Technology Development Co., Ltd. (hereinafter referred to as "Party A")

Legally authorized person:

Legal Address: Shanghai ____ ____ Building a Road Block 12a Zip code: ______

Licensee: ___________________________________ (hereinafter referred to as "Party B")

Legal representative: _____________

Legal address: __________________________________

Both parties through consultation, within a specific region B as its operating Party __ "______" store issue, agree as follows:

Second, the contract period

The contract on joining period ended __ ________ dated ________ __ to __ day of __ month.

Third, joining operators

1, Party B hereby authorized for the region to become "______" franchisees. After this authorization, the Party in the region will not be granted to any other companies, individuals similar distribution rights.

2, in the authorization period, Party B to provide "______" is brand products, the Party shall ensure the quality of products offered meet the relevant standards, consistent with the physical grade countries, and to ensure supply of goods.

3, Party B guarantees to pay the initial fee II Million RMB / Shop Party to sign this contract within 7 days. Each Party franchise for the first time from the purchase of "______" brand products, according to the wholesale price of not less than million.

4, Party A guarantees into the Chinese mainland to join the party to deliver products to maintain uniform retail price.

5, Party A "______" brand products by the retail price of 4-4.5 fold sold to B (see detailed picking single), whether the first or subsequent purchases of B should purchase one-time payment at the time of delivery.

6. If the Party adopted a false bill, forged checks ways to cheat the case of goods, in addition to liability for breach of Party B outside, will be prosecuted according to the law a request by judicial personnel, criminal responsibility units.

7, after the purchase of goods from Party B, as a result of quality problems or a combination of the varieties of goods, may date within five days from the date of purchase to exchange party products, but can not return. When exchange B shall be kept intact the original product packaging in place, the label is not damaged.

8, after the expiration of the contract, if Party decided not to sell "______" brand products, under B to ensure product integrity, complete packaging, labels without damage, but not exceeding the shelf life of the premise, can be existing "______" A product is returned to square. Party recycle returned products according to the wholesale price of 40% off.

Third, business venues, store decoration and configuration

1, B should carry out business and promotional activities in mutually agreed areas. Party B shall not without the permission of their unauthorized business activities and promotions to expand outside the area.

2, franchise store located in the Party office, or other location by the Party selected its own report to the Party for approval.

3, to maintain the unity of the company's brand image, stores by the Party for free decoration design, decoration works by the Party and the construction engineering department offer, Party B shall pay the renovation project budget for projects and assist the relevant formalities in the local construction . Party days after receipt of project funds will store Party B for use.

4, operating within the franchise needed (including: equipment, devices, appliances, signs, etc.) from the headquarters of unified design. For operating the necessary packaging materials, promotional gifts, delivery bags and other ancillary materials, consumables, stores need to use products with headquarters. Above bear the costs involved by the franchisee.

Fourth, promotion and advertising

1, Party in the authorization period, will assist the Party B "______" brand image design, to timely provide the appropriate product promotional materials B, logos, posters and other items. Party B according to the operating conditions and requirements to help B product promotion and campaign specific time and region. (Specific issues can be negotiated)

2, Party A "______" overall brand campaign Party must cooperate with relevant "______" brand product promotion, advertising and promotional programs designed to provide by Party B follow. Party for promotion on the basis of wholesale price of the product in question in accordance with the proportion of discount sales to give concessions.

3, B alone, "______" brand-related publicity, when the campaign, the Party should be informed in advance, before proceeding to obtain prior approval. Related party advertising image design subject to audit or provided by the Party.

4, Party B shall bear none organize promotional activities and promotional expenses.

Fifth, training and guidance

1, for the franchise can be a good business before the opening and during the execution of this contract, Party franchise should impart the necessary knowledge and management techniques.

2, before the opening of stores should send two or owner may exercise undertaken by the employees, the provisions of Party education training, access to operating companies store the necessary knowledge and technology.

3, after opening, such as Party A training instructions, instructions B also must be sent again in the continuing education requirements of the provisions of the preceding paragraph, to obtain the necessary knowledge and skills.

4, stores bear the travel costs to the training.

5, three days before and after the opening of stores, as a store operation into orbit of the Party should dispatch personnel to open stores and operational guidance.

6, Party B must participate in the organization's annual sales conference and meeting interim managers. Party shall notify the date of the meeting four weeks in advance.

7, in addition to meeting operators, Party B will from time to time to send the market leader for guidance and training.

Sixth, trademarks, service marks and related rights

1. All trademarks, service marks and other associated rights related to this contract are attributable to the Party.

2, Party promised during the execution of this contract, Party B can use franchise trademarks, service marks and represent these signs, symbols, patterns, labels and signs.

3, Party B shall not use all trademarks and service marks Party outside stores.

4, B should provide good service to customers in the business, to maintain the reputation, credibility and good image of the party brand.

5, the parties hereby expressly, B is achieved in the authorization period, the distribution rights in the designated area party trademarks, service marks, and the right to use the product, this does not mean party trademarks, brand and goodwill related any transfer of intellectual property rights, licensing. After the expiration or early termination of the contract, Party B shall not continue to use any pretext "______" brand, or "______" the name brand dealers engaged in any commercial activity.

Seven, restriction of competition

1, the contract period, Party B intends to get it in the provinces of the region, "______" franchise agency, a priority of the Party under the same conditions franchising rights.

2, shows the sincerity of the party cooperation, the contract period, such as the other party to launch a new series of goods and services "______" outside the Party have the priority right agent.

3, B in the life of the authorization shall not accept any other companies, individuals or authorized delegate, within the franchise agent, distribution of other brands.

4, B without Party permission granted distribution rights Party shall not transfer to any third party in various forms.

Eight Quality of Service control

1, in order to maintain consistency stores sell varieties of goods and services, improve the company's image, the operator must comply with method B franchise requirements and standards of the headquarters of the operating manual.

2, where the Party has launched a new product, B must be in accordance with minimum quantity purchase volume or more, and the new products in a timely manner available for sale.

3, Party B shall be in accordance with the requirements of the customer purchase amount reach the required standard, to give the "Rose Card" membership and the corresponding discount, do the registration information on the summary of the work of members and every six months on a regular basis to provide Party Member Profile information. Where new products or product promotions Party shall notify all members so that members enjoy from "______" continuous service. Party members will visit from time to time to check the quality of customer service Party.

4, Party regularly and irregularly in writing or otherwise to carry out purchase management franchise, guiding sales management, product management, product knowledge, health management, staff management, accounting, store management, store furnishings and other aspects of provide relevant information to help franchisees implement standardized management.

5, with the party increasing the number of stores in the country, the Party will all franchise information management. Such as the management of the implementation of the contract is still valid, Party B shall comply with regulations of execution, it shall not be any reason to refuse such execution.

IX Confidentiality

1, unless required by law to be disclosed, Party B may not show business report submitted and other relevant information and detrimental to the interests of the Party information to third parties. Party B shall not leak to third parties provided by Party A to Party B business secrets and technical information detrimental to the interests of the Party according to the provisions of this contract. Party B has the responsibility to ensure that their employees do not leak to a third party before the secret key.

2, the above provisions of confidentiality obligations of the parties after the expiration of this contract is still valid.

3, Party provided hereunder to the B side of the franchise business manuals and other documentation shall return to Party B should be kept for the termination of the contract, Party B shall be returned immediately.

Ten, the assignment of the franchise and Succession

1, without the prior consent of Party B agree that any rights under the contract, all or part of the franchise business may not transfer to a third party, this shall not be used as collateral and other disposal.

2. Party franchise for obvious difficulties that may occur while business interruption, in order to maintain operational joined the chain, Party B may request the temporary headquarters of the business to succeed. Headquarters can be re-confirmed that the franchise business, it should promptly return the right business franchise. 3, gains and losses that occur during the operation of the above belong to the headquarters to take over the franchise, operating costs for field took the burden generated by the franchise.

4. The Party hopes to sell at stores or rental shop, you should first inform Party A has priority transferee and the rights of lease.

5. In which case, the parties may, through consultation, stores alienation and lease price of gold. Negotiation of intent can not be established, the parties may apply for certification or assessment legally binding, the cost borne by the Party.

XI, termination of the contract

1, before the expiration of the contract for three months, by mutual agreement, the contract can be updated.

2, the contract renewal in the preceding paragraph, should be completed one month prior to the expiration of the contract. The two sides signed a new franchise contract for collaborative text.

3. After the expiration of this contract parties do not intend to continue to cooperate, Party B shall bear the following obligations upon termination of this contract:

a, pay all fees payable to headquarters;

b, the return of all operating manuals, confidential and proprietary information;

c, transfer to Party "______ Card" membership registration lists;

d, restitution, resale or destruction of all with the "______" signs and materials for commercial signage;

e, cancel the "______" business registration and registration of names registered in the name

f, in the original franchise establishments outside the house, equipment, furnishings, etc., to eliminate any "______" There are signs of contact;

g, because the franchise business to the detriment of the interests of a third party, the liability for damages borne by the Party.

4, Party A franchise activity are liability claims may require recourse Party burden of the compensation.

Twelve, breach of contract

1. Any party who fails to perform or not fully fulfill the obligations specified in the terms of the contract, that is a breach of contract, breach by a party shall be liable for breach.

2, the two sides agreed, for the amount of defaults in the previous 10 per cent of the total Party Business Products retail price provided by Party. Such as breach of contract to the other losses, and losses in excess of the total amount of liquidated gold, the defaulting party shall also be responsible for the excess liability. Breach of contract by the other party in writing within 30 days after the failure is not corrected for correction, the other party the right to terminate the contract and the right to ask for damages.

XIII, contract disputes

1. Any dispute arising in the execution of this contract, the two sides should first friendly consultation, the consultation fails, the two sides have the right to file for arbitration to Shenzhen Arbitration Commission.

Fourth, other

1, the contract shall become effective on the date the two sides signed and sealed.

2, the original contract in duplicate, each party holding a copy of each has the same legal effect.

Party: ______ Ltd. Party B:

Address: Address:

Telephone and fax: Telephone and fax:

Principal Representative (Signature): Trust Representative (Signature):