COMMISSION AGREEMENT OF EXECUTION OF COMMERCIAL CEREMONY 甲方：某拍卖有限公司 Party A: An Auction Co., Ltd. 地址：Address: 法定代表人：Legal representative: 职务： Position: 乙方：某策划有限公司Party B: An Public Relations Planning Co., LtdCOMMISSION AGREEMENT OF EXECUTION OF COMMERCIAL CEREMONY
甲方：某拍卖有限公司 Party A: An Auction Co., Ltd.
法定代表人：Legal representative: 职务： Position:
乙方：某策划有限公司Party B: An Public Relations Planning Co., Ltd.
法定代表人：Legal representative 职务： Position: consultant
Party A and Party B have, in accordance with the Contract Law of the People’s Republic of China and relative regulations and through friendly consultations, entered into the Commission Contract (hereinafter referred to as the Contract) concerning the matters related to the planning, preparation and implementation of the “Trial Opening Ceremony of Investment Vehicles Auction Co., Ltd.”
第一章 项目名称与金额Chapter I Project name and amount
第一条 项目名称：Article 1 Project name:
1) 活动名称：公司试营业典礼 Name: Trial Opening Ceremony
2) 活动地点： Place:
3) 活动日期：自 起至 止（具体活动日期以甲方通知为准）
Date: From to (with specific date subject to Party A’s notice)
第二条 本合同总金额为人民币 元（小写），人民币（大写） 。
Article 2 The total contract amount is RMB Yuan (in number), i.e. RMB Yuan in words.
第二章 双方的权利和义务Chapter II Rights and obligations
第三条 甲方的权利Article 3 Party A’s rights
知悉乙方服务真实情况的权利； To know actual conditions of Party B’s service;
要求乙方提供约定服务的权利； To require Party B to provide contracted service;
To supervise and confirm Party B’s work, and may assign persons to make regular acceptance of the preparation for the activity, and Party B shall provide assistance and supports;
To demand originals of invoices or receipts from Party B when making the payments on the premise that Party B has fully performed the contracted obligations.
Party A shall possess the copyright of planning scheme of the activity, and Party B shall not use the scheme for other commercial purposes.
To claim compensations of direct losses and foreseeable profit losses caused by Party B’s intention or negligence.
第四条 甲方的义务Article 4 Party A’s obligations
To provide genuine materials such as the list and contact modes of guests, etc.;
2) 协助乙方进行来宾的管理； To assist Party B in managing guests;
To take initiative to assist Party B to jointly deal with emergencies successfully, so as to reduce losses as much as possible.
第五条 乙方的权利Article 5 Party B’s rights
To check the authenticity and effectiveness of materials provided by Party A, and Party A shall make up relative information in case that Party B terminates performing the Contract due to the authenticity problem of the information provided by Party A;
To collect contracted charges from Party A when contracted tasks in stages or all tasks are completed and getting written approval from Party A.
第六条 乙方的义务Article 6 Party B’s obligations
To observe prescriptions of the Contract, to fulfill the contracted obligations in a self-conscious manner, to safeguard Party A’s lawful rights and interests, and to meet reasonable suggestions or requirements put forth by Party A during performing the Contract;
Party B shall, prior to providing contracted services, provide Party A with implementation scheme in writing or samples of physical goods, and shall, after getting Party A’s written confirmation, implement the contents in the principle of prudence and considerateness. Also, Party B shall conduct strict examination and approval upon the contents arranged by Party B in accordance with related national standards and industrial standards.
The ownerships, copyrights and all related rights of pictures, writings, drafts, sketches, designs, reproductions, commercial materials, photographic films, and duplicates developed and made by Party B for Party A, as well as all other materials related with Party A shall be owned by Party A, and Party B shall neither arbitrarily use, reproduce, disseminate and spread the said materials, nor allow others to use them; otherwise, Party A shall have the right to investigate relative legal responsibility of Party B in accordance with laws.
Party B shall be liable for the activity and guarantee smooth operation of the activity. In case emergencies occur in the course of the activity, Party B shall promptly take measures to reduce losses caused to Party A. Should Party B fail to take effective measures, Party B shall be liable for losses caused to Party A.
Party B shall ensure that all services provided are free of any potential safety hazard and can meet the needs of the activity. Otherwise, Party B shall be liable for all losses (including but not limited to compensations paid by Party A for damage to persons and properties of the third party, Party A’s casualties and property losses, etc.) caused to Party A.
Party A shall ensure that all services provided for Party A be lawful and not infringe upon the third party’s lawful rights and interests; otherwise, Party B shall assume all legal responsibilities and compensate all losses caused to Party A.
第七条 乙方的工作内容Article 7 Party B’s work contents
1) Dining plan: tea and dinner for the first day’s afternoon; buffet lunch for the second day;
2) 车辆安排： 无 Vehicle plan: none
Guest welcoming: to arrange enough sign-in books, pens, gifts, breast cards, relative materials for the auction, and handbags, etc., as well as such matters as guests’ sign-in, confirmation and handout of photos;
Place layout: to make and install/adjust background boards, indicating boards and sound system, etc. on designated locations in accordance with contracted items;
Other services: event personnel, picture-taking service and supply of relative AV materials during the activity, and ritual personnel, etc., and to hold trainings for relative personnel;
6) 摄影服务： 无 Photography services: none
7) Activity sum-up: pictures and sum-up of the activity are arranged and submitted ;
第三章 付款与结算Chapter III Payment and settlement
第八条 Article 8
1) 甲方在本合同生效之日起3个工作日内向乙方支付本合同总金额的60%作为第一阶段工作款，即人民币 元整，大写：人民币 整 ；
Party A shall, within three working days as of the effective date of the Contract, pay 60% of the total contract amount to Party B as the payment for the first stage of works, amounting to RMB Yuan, and RMB yuan in words;
2) 活动结束后，乙方向甲方提交活动总结报告，自甲方书面确认之日起5个工作日内，甲方向乙方支付40%的剩余款项, 即人民币 元整, 大写: 整.
When the activity is completed, Party B shall submit the sum-up report for Party A, and Party A shall, within five working days as of the date of Party A’s written confirmation, pay the 40% of the residuals to Party B, amounting to RMB Yuan, and RMB Yuan in words;
3) 在活动中, 如果甲方需要临时增加项目, 乙方需得到甲方的书面确认后方可执行.
During the activity, if Party A needs to temporarily add programs, Party B shall implement the programs after getting written approvals from Party A.
Article IV Intellectual Property Protection and confidentially articles
Article 9 Except needed by the contracted work, either party shall neither, without written approvals from the other party in advance, arbitrarily use, reproduce, disseminate and spread, nor allow others to use the other party’s trademark, logo, commercial information and other materials. All interests and rights of materials and their attachments provided by one party in the project shall be owned by such party; and the materials receiving party shall neither, without written approvals from the materials providing party, transfer or disclose all operations, products and client information and other commercial secrets directly related to the materials providing party acquired due to the needs for implementing the project to any the third party, nor publish them in any form; otherwise, the party in question shall compensate all losses caused to the materials providing party. Also, the other party shall not use them illegally without approvals from the intellectual property owner.
第五章 权利义务转让Article V Transfer of rights and obligations
Article 10 Either party shall not, without written approval from the other party in advance, have the right to transfer or entrust all or partial rights and obligations of the Contract to the third party.
第六章 违约责任与损害赔偿Article VI Breach liability and loss compensation
第十一条 违约责任Article 11 Breach liability
The Contract shall come into effect as of the signing date, and either party’s violation shall constitute the breach of the Contract, and shall assume relative liabilities.
2) 乙方未遵照甲方要求完成活动准备工作，属违约行为，应向甲方支付违约金，支付标准为每逾期一天支付逾期项目对应金额的1%, 但最高不超过总额的5%。
That Party B fails to complete the preparation for the activity in accordance with Party A’s requirements shall be deemed as the breach, and Party B shall pay the penalty to Party A in such standard as 1% of the amount of the project overdue for one day, with the upper limit of 5%.
That Party B fails to implement the activity in accordance with the prescriptions of the Contract shall be deemed as the breach, and Party B shall pay the penalty to Party A in such standard as deduction of corresponding amount, tax and agency expense for each project in breach.
In case that Party B fails to guarantee Party A’s copyright of the activity scheme in accordance with the prescriptions, Party B shall pay the penalty amounting to 2% of the total contract amount to Party A, and shall be liable for all losses caused to Party A.
In case that Party B arbitrarily use the intellectual property rights and commercial secrets against the Contract, Party B shall pay the penalty amounting to 2% of the total contract amount to Party A, refund the incomes therefrom to Party A, and be liable for all losses caused to Party A.
That Party A fails to make payment for Party B in accordance with prescriptions without just cause shall be deemed as breach, and Party A shall pay the penalty to Party B in such standard as 1% of total amount of non-payments for one day overdue, with the upper limit of 5% of the total amount of non-payments.
第十二条 损害赔偿Article 12 Loss compensation
Where either party causes loss to the other party due to negligence, the guilty party shall compensate losses of the compliance party, as well as reasonable expenses (including but not limited to attorney fee and legal fare) spent by the other party for protecting its lawful rights and interests.
Party B shall compensate actual losses due to damage to profits and interests and rights of Party A or invited objects caused by Party B’s intention or negligence.
第七章 合同的变更与终止Chapter VII Change and termination of Contract
After the effectiveness of the Contract, both parties may change the Contract through consultations, and the proposing party shall put forward the change requirement to the opposite party in advance. After both parties coming into agreements, changes of relative contents may be made to the Contract in accordance with the supplementation to or change of the Contract jointly concluded by legal representatives or authorized consignees of both parties, and both parties shall perform the amended Contract;
After the effectiveness of the Contract, if Party A needs to terminate the Contract due to market conditions, Party A shall, five days in advance, send written notice on termination to Party B, and shall pay contracted amounts having been performed by Party B till the contract termination day and approved by Party A with written approval to Party B. In case that the amounts paid by Party A exceed the contracted amounts performed by Party B, Party B shall refund the surplus to Party A. Thereafter, the debitio between both parties is terminated with the termination agreement signed, and then the Contract is terminated.
After the effectiveness of the Contract, Party B shall not, except caused by the force majeure, arbitrarily terminate the Contract, or else shall pay the penalty amounting 20% of the total contract amount to Party A, as well as compensate actual losses caused to Party A and refund the contract payment of Party A.
第八章 不可抗力Chapter VIII Force majeure
Article 14 Occurrences of such cases such as earthquake, fire, flood, riot, strike, typhoon, debris flow, landslide and government intervention, etc. that can not be resisted and avoided by human force shall be deemed as the force majeure. Neither party shall be liable for the breach of Contract due to occurrence of force majeure, but the party who confronts the force majeure shall promptly notify the other party, and produce relative certifications in reasonable time limit. However, the party who confronts the force majeure shall shoulder the responsibility to take proper or necessary measures as soon as possible to reduce or remove the impacts by the force majeure, or else shall be liable for relative losses caused by the other party.
第九章 争议解决Chapter IX Dispute settlement
Article 15 Any dispute arising from the Contract shall be settled by both parties through friendly consultations, and either party may file a lawsuit to the people’s court of Party A’s legal address.
第十章 附则Chapter X Supplementary articles
第十七条 Article 17
During the activity, matters not covered by the Contract or matters need to be changed shall be settled by both parties through concluding agreement. The disagreement between both parties shall be subject to the prescriptions by the Contract Law.
The annex shall be an integral party of the Contract, and shall have the same force as the Contract.
The Contract shall come into effect as of the date when legal representatives or authorized consignees of both parties affix their signatures and official seals or special contract seals.
The Contract shall be in quadruplicate, with Party A holding three and Party B one, and each copy shall have the same legal force.
附件: 附件1: 报价Annexes: Annex 1: Quotation
附件2: 礼品制作清单 Annex 2: List of gifts making
Party A: Investment Vehicles Auction Co., Ltd. Party B: Public Relations Planning Co., Ltd.
Legal representative or authorized consignee: Legal representative or authorized consignee:
或授权委托人：or authorized consignee: 或授权委托人：or authorized consignee:
签字日期：Signing date 签字日期：Signing date