Cooperation Agreement (“Agreement”)
Party A:
Beijing Atis Advertising Co., Ltd.
No. of Business
License: 1101052951786
Issuing
Authority: Beijing Administration for Industry and
Commerce
Legal
Representative: Liu Junli
Authorized
Representative: Zhao Xiaolin
Bank:
Agricultural Bank of China, Beijing Yuetan Tower Office
Account No.:
11020601040006554
Party B:
Beijing Yinse Lingdong Advertising Co., Ltd.
No. of Business
License: 1101022933270
Issuing
Authority: Beijing Administration for Industry and
Commerce
Registered
Address: Room624, Gehua Building, No.1 Qinglong Hutong, Dongcheng
District, Beijing
Legal
Representative: Xue Wei
Authorized
Representative: Xue Wei
Bank: Bank of
China, Beijing Branch, Pinganli Sub-branch
Account No.:
801019957608091001
Party A and
Party B shall be referred to herein collectively as the “
Parties ” and each individually as a “
Party ”.
Party A and
Party B enter into the following agreements through friendly
negotiation with respect to the regional advertising agency
cooperation on Music Radio channel of China National Radio (the
“ CNR ”).
Party A has
obtained exclusive national advertising agency rights on Music
Radio channel of CNR from Beijing Yangguang Zhiku Advertising Co.,
Ltd.
Party B is a
duly qualified advertising company with capacity for advertising
agency, advertising design and radio advertising production. Party
B participates in annual inspection on a timely basis and has good
faith and credit.
Party A hereby
grants Party B with exclusive regional advertising agency rights on
Music Radio channel of CNR within the designated city, i.e.
Xi’an, under this Agreement.
Regional
Advertising means the advertising broadcasted within a designated
city during the programs of Music Radio channel of CNR.
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3.
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Scope of
Agency, Contract Price and Deposit
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Party A hereby
authorizes Party B as the exclusive regional advertising agent on
FM95.5MHz, the frequency of Music Radio channel of CNR in
Xi’an.
Party B
acknowledges the cooperation content provided by Party A and the
current status of the transmission and signal coverage of Music
Radio channel in Xi’an, and agrees to acquire the exclusive
advertising agency rights on FM95.5MHz of Music Radio channel for a
contract price (the “ Contract Price ”) as
follows:
The Contract
Price for the first year shall be RMB590,5835, while the Contract
Price for the second year shall be RMB1,100,000.
The Contract
Price for each year shall be paid by Party B to Party A in equal
monthly installments, payable on the 25 th day of the preceding month. Where the 25
th day falls on a legal holiday, the working day
immediately prior to the 25 th day shall be the date for Party B to make such
payment.
Within 5 days
after the execution of this Agreement, Party B shall pay Party A
RMB256,667 as deposit (the “ Deposit ”),
evidencing Party B’s good faith performance. Where this
Agreement is duly and fully performed, the Deposit shall be used as
payment of the last portion of the Contract Price and the
installment of the preceding month. Upon receipt of the Deposit
within the said period, Party A agrees to permit Party B to
commence its market operation, where Party B shall use its best
efforts to improve the local signal coverage. During the
performance of this Agreement, Party B may not claim economic
indemnification, price reduction or any other similar demand
against Party A on the basis of signal transmission
problems.
The term of
Party B’s exclusive agency rights granted by Party A
commences at 00:00 am on June 16, 2009 and ends at 12:00 pm on
December 31, 2010. (The Parties hereby acknowledge that the
execution date may, due to certain technical issues, be later than
the effective date of this Agreement.)
The exclusive
advertising agency time slot granted by Party A to Party B shall be
a three-minute time period from 56’30’’ to
59’30’’ of every hour during the program
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