Warranty and Intellectual Property Terms
Party A is the party that demands the advertisement
Party B is Shuhui Intelligent Control Co., Ltd.
1. Ownership:
The intellectual property rights (including but not limited to patent rights, trademark rights, copyrights) and their derivative rights created and developed by either party for the purpose of this project shall belong to Party B and 1-President Enterprises; and Party A agrees that it shall not apply for patent rights, trademark rights or other intellectual property rights before the formal publication (based on the signing date) and shall fulfill its confidentiality obligations and shall not disclose them to any third party.
Party B shall provide the relevant graphic files produced by Party B in the closing letter of the advertisement. Party A is requested to be aware of the relevant terms of the successful case .
2. No false advertising:
Party A guarantees that the original price and other contents stated in the sales plan are true, the saleable quantity can indeed be provided, and there is no false advertising.
Party A shall ensure the legality of the goods sold in this store system, and that the goods, names, prices, labels, quantities, sizes and other product information used and posted on this store system are correct and comply with the local laws and regulations of this store system.
Party A’s product descriptions must not make inappropriate claims about therapeutic effects.
3. No discrimination in treatment
Party A guarantees that the content and conditions of the goods supplied to Party B shall not be inferior to those supplied by Party A to other channels, and Party A shall provide proper services to Party B's consumers without any differential treatment.
4. No infringement of intellectual property rights:
Party A shall ensure that the products (or services) and text, images, trademarks, etc. exposed in its advertisements comply with the Copyright Act, Trademark Act, Fair Trade Act, Consumer Protection Act, Medical Act and other relevant laws, and obtain legal authorization for use in the exposed areas without infringing the rights of others. Party A guarantees that it authorizes Party B and UPEC to use the text, images, trademarks, etc. of its products (or services) without infringing the rights of others.
If the goods (or services) and texts, images, trademarks, etc. provided by Party A are illegal, violate public order and good morals, violate Party B's advertising policy, or are suspected of infringement, Party B may stop selling, refuse, remove or stop publishing the relevant content of the goods (or services).
5. Coordination and Damages Liability:
If any dispute, controversy, or damage arises from the products (or services) advertised by Party A on this exposure channel, or any marketing or promotional activities conducted, or other legitimate rights holders claim infringement, compensation, or litigation, Party A shall be responsible for coordinating and properly handling with consumers, suppliers, government agencies, or other legitimate rights holders, and shall bear the relevant compensation liability, and Party B shall have nothing to do with it. If Party B suffers losses (including but not limited to litigation costs and attorney fees) as a result of this, Party A shall also compensate for it.
6. Handling of consumer disputes:
If there is a consumer dispute arising from the goods or services provided by Party A, Party A shall cooperate with Party B until an agreement is reached with the consumer, and the disputed amount shall be borne by Party A after an agreement is reached with the consumer. In the event of a consumer dispute, Party A shall trust that Party B will consider the relevant legal provisions, the interests of both parties and the interpretation that is beneficial to the consumer to make the best balanced handling and decision.
7. Products prohibited from listing:
Products that are prohibited from sale based on public order, good morals or laws.
Tobacco and products with tobacco branding, alcohol, pornographic or violent publications, computer software, live animals, medicines, drugs, related products and drug paraphernalia, prescription glasses, medical equipment, protected animals and marine mammals, animal products, stolen goods, weapons and ammunition, including knives, guns, human organs, police items, securities such as stock lottery tickets, sex toys, circulating currency, second-hand underwear/ Stockings, documents proving the prohibition of transfer of rights, such as membership cards, clippings, government-issued certificates, certificates or licenses, unified invoices, marketing lists and related collection or distribution tools, proprietary vehicles, fireworks, firecrackers, barreled gas, infant formula and older infant formula supplementary food, other people's supplies, special garbage bags, lock-picking tools, pesticides, scalper tickets - transportation and entertainment tickets with a price higher than the face value, other products that violate public order and good customs or are prohibited from sale by law, or infringing items that infringe on the copyright, trademark, patent and other rights of others.