Principal: (hereinafter referred to as "Party A")
Intermediary: (hereinafter referred to as "Party B")
Party A and Party B, after consultation on an equal footing, and based on the principle of mutual benefit, enter into the following agreement with respect to the matter of Party B acting as Party A's intermediary. The agreement is as follows:
Article I Entrustment and Intermediary Business
Party B accepts Party A's entrustment, introduces clients to Party A, and facilitates the signing of the contract between Party A and the clients on the aforementioned entrusted matters.
Article 2: Service Area and Exclusivity
1. The service area for Party B's intermediary service is _______ area. If Party B needs to increase the area, it must notify Party A in advance in writing and get written consent from Party A. If Party B violates the agreement, it has the right to cancel the agreement at any time. If there is any violation, Party A has the right to cancel this contract at any time.
2. After the client introduced by Party B has been confirmed by Party A in writing, Party A shall not bypass Party B to sign the contract on the commissioned matters in a direct way, unless Party B agrees or Party B has given up the client.
3. Without the written consent of Party A, Party B shall not recommend, introduce, represent, manufacture or sell the same or similar commissioned matters as the first article to any third party other than Party A during the term of the contract.
Article III Services
1, Party B recommends the commissioned matters and introduce customers to Party A, Party A will assist in contact and negotiation upon Party B's request.
2. Party B will provide the following services to the clients introduced by Party B:
(1) Pre-sale commissioning explanation;
(2) Guidelines on the process of signing the contract.
3. Any information provided by Party A to Party B is the property of Party A and shall not be used by Party B for purposes other than the performance of this contract. Upon termination of this contract, Party B shall voluntarily return the remaining information to Party A.
Article 4: Defects of entrusted matters
1. If there are any defects in the entrusted matters delivered by Party A, Party A shall be responsible for the clients by itself, and Party B has nothing to do with it.
2. Party B shall be jointly and severally liable for any defects in the commission matters of the clients introduced by Party B.
Article V. Payment
1. Party A will pay Party B a commission of _______ within _____ days after the contract is established and the transaction is completed.
2. Party B shall bear all the expenses necessary for the fulfillment of this contract and the intermediary activities.
Article VI: Liability for breach of contract
1, Party B shall be jointly and severally liable to Party A for the fulfillment of the contract of the clients introduced by Party B. The breach of contract of either party to Party A shall be deemed to be the same as the breach of contract of Party B and its introduced clients***, and Party A shall have the right to choose any party or parties to recover the compensation.
2, Party B to fulfill the contract process (including the signing of this contract before) any business or technical information obtained by Party A are Party A's trade secrets. Once Party B leaks the secrets, it shall compensate Party A for the liquidated damages of RMB _____,000,000, and Party A reserves the right to make further claims.
3. In any case, Party B is not the representative or employee of Party A, and there is no labor relationship with Party A; Party B shall clearly inform the relevant customers in the process of performing this intermediary contract, otherwise, Party B shall bear all the losses caused by it.
Article VII Term of Contract
1. The validity period of this contract shall be from the _______ day of _______ to the _______ day of _______.
2. If both parties do not indicate the termination of the contract in the month before the expiration of the contract, and both parties continue to fulfill the contract after the expiration of the contract, the contract will be automatically extended.
3. Under normal circumstances, if either party has special reasons to terminate this contract in advance, it should notify the other party in writing at _______ months before the expiration of the contract and terminate this contract after obtaining the written consent of the other party.
Article VIII Settlement of Disputes
Disputes between the parties to this contract concerning the interpretation or fulfillment of the relevant provisions of this contract shall be resolved through amicable consultation. When the settlement or conciliation fails, the following _______ ways of settlement shall be chosen:
(1) Submitting the dispute to the Arbitration Commission for arbitration;
(2) Bringing a lawsuit to the People's Court in accordance with the law.
Article IX Independence of Provisions
If a provision or certain provisions contained in this contract is deemed invalid, illegal or unenforceable in any respect for any reason, such invalidity, illegality or unenforceability shall not affect the validity of any other provisions of this contract and the whole contract. Except as otherwise expressly provided by law.
Article X Changes and Supplements
1. If there are any outstanding issues in this contract, the parties **** with the consensus to sign a written supplemental agreement, the written supplemental agreement and this contract have the same legal effect.
2. Except as expressly provided in the law itself, this contract shall not be affected by subsequent legislation (legislation after the effective date of this contract) or changes in the law. The parties shall amend or supplement this contract by consensus in accordance with the succeeding legislation or changes in law, but shall do so in writing.
Article 11 Notices
1. Notices or communications required or permitted by this Contract, regardless of the means of transmission, shall take effect upon actual receipt by the party to be notified.
2. "Actual receipt" in the preceding paragraph means that the content of the notice or communication reaches the legal address or domicile of the person to whom the communication is addressed (at the domicile stated in this contract) or within the range of the designated mailing address.
3. If a party changes the address of the notice or communication, it shall notify the other party of the changed address within days from the date of change, otherwise the party making the change shall bear the legal responsibility for all the consequences thereof.
Article XII Force Majeure
1. In the course of the performance of this contract, if the activities are terminated or losses are incurred due to force majeure, both parties shall bear their own losses and shall not be liable for each other's breach of contract.
2. If either party encounters force majeure resulting in total or partial inability or delay in performance of this contract, it shall notify the other party of the force majeure in writing within _______ days from the date of occurrence of the force majeure event and submit to the other party within _______ days from the date of occurrence of the force majeure the proofs of the cause of the total or partial inability or delay in its performance.
Article 13 Entry into force of the contract
1. This contract shall enter into force after it is signed and sealed by both A and B parties.
2. This contract is in one copy _______, A and B each holding _______, with the same legal effect.
3, this contract was signed on _______ _______ month _______ in _______ province _______ city _______ district (county).
Party A (seal): Party B (seal):
Authorized agent (signature): Authorized agent (signature):
Unit address: Address:
Contact number: Contact number:
Accounting bank: Accounting bank: