Sina Service Purchase Agreement

1. Cooperation matters
one point one
Sina. com. Technology (China) Co. Ltd. cooperates with Beijing SINA Internet Information Service Co. Ltd. (hereinafter collectively referred to as "Sina") and service providers (hereinafter referred to as "the Trustee") on service procurement.
one point two
Specific cooperation content: The trustee will entrust the following services according to the content, technical indicators and other specific requirements of Sina, including but not limited to blog, podcast, search, mobile phone pictures, ringtone download, making friends, BBS, chat room, e-mail, publishing news comments, etc.
one point three
Both parties agree that this contract is applicable to Sina and its affiliated enterprises. For the sake of clarity, both parties hereby confirm that Sina affiliated enterprises include but are not limited to: Sina Technology (China) Co., Ltd., Sina.com Technology (China) Co., Ltd., Beijing Sina Network Technology Service Co., Ltd., Beijing Sina Internet Information Service Co., Ltd., Beijing Sina Unlimited Advertising Co., Ltd., Beijing Xingchao Online Culture Development Co., Ltd Xingchao Online Network Technology (Beijing) Co., Ltd., Beijing Xinchao Xunjie Information Technology Co., Ltd., Beijing Xuntong Jiawang Network Technology Co., Ltd., Beijing Sina Interactive Game Technology Co., Ltd., Beijing Sina Feiyang Software Co., Ltd., Guangzhou Xunlong Technology Co., Ltd., Shenzhen Wangxing Technology Co., Ltd.

2. Fees and payment
two point one
According to the nature and content of the entrusted matter, Sina shall pay the entrusted fee to the trustee according to the entrusted fee standard agreed by both parties or commonly used by Sina.
two point two
After Sina pays the commission fee to the trustee, if Sina requires, the trustee shall issue the relevant collection voucher.

3. Rights and obligations of Sina
three point one
If the entrusted matter is a commissioned work created by a trustee entrusted by Sina, unless otherwise agreed by both parties, the copyright of the work shall be enjoyed by Sina, and Sina shall have the right to exercise the copyright of the commissioned work according to law, including but not limited to the use in the following ways:
(a) According to their own needs, select commissioned works to be published on "Sina" websites (including but not limited to Sina's Beijing website, North America website, Hong Kong website and Taiwan website) and on the WAP channels set up by Sina;
(b) Authorize a third party to use the commissioned works for free or for payment;
(c) Transfer the copyright of the commissioned work to any third party.

three point two
In case of any of the following circumstances, Sina has the right to suspend or terminate the entrustment of the trustee according to this agreement at any time, and all consequences and legal liabilities arising therefrom shall be borne by the trustee itself, which has nothing to do with Sina.
(a) The personal data provided by the trustee is untrue;
(b) The trustee violates the content and technical indicators required by Sina.

three point three
Sina has the right to review and supervise the network technical services provided by the trustee, Sina or its authorized person has the right to require the trustee to correct or directly take all necessary measures (including but not limited to changing or deleting the contents posted by the trustee, suspending or terminating the entrusted matters being carried out by the trustee, etc.) to mitigate the impact of the trustee's misconduct.

4. Rights and obligations of the trustee
four point one
The trustee must follow the following principles when carrying out entrusted matters:
(a) Comply with relevant Chinese laws and regulations;
(b) Comply with all network protocols, regulations and procedures related to network services;
(c) Do not use the network service system for any illegal purpose;
(d) Do not use the Sina network service system to conduct any behavior that may adversely affect the normal operation of the Internet or mobile network;
(e) Do not upload, display or disseminate any false, harassing, seriously injuring, abusive, threatening, vulgar and obscene or any other illegal information by using the network services provided by Sina;
(f) It shall not infringe the patent right, copyright, trademark right, reputation right or any other legitimate rights and interests of any other third party;
(g) Do not use the Sina network service system to conduct any behavior that is not conducive to Sina;
(h) In case of any illegal use of user account or security breach of account, Sina shall be notified immediately.

four point two
Any text, pictures, graphics, audio and/or video materials and software contained in the network technology services provided by the trustee are protected by copyright, trademark and/or other property ownership laws. Without the consent of the relevant obligee, the above materials may not be directly or indirectly published, played, rewritten or redistributed on Sina. com for the purpose of publishing or playing, Or used for any other commercial purpose. Sina will not be liable to users or third parties in any form for any delay, inaccuracy, error and omission arising from the above materials or in the process of transmitting or submitting all or part of the above materials, or for any damages arising therefrom.
four point three
If the entrusted matter involves the entrusted works, the trustee shall not provide the entrusted works to any third party for use or use the entrusted works in any other way that may damage the copyright of Sina without the prior written consent of Sina.
four point four
The trustee guarantees that:
(d) If the commissioned works provided to Sina are original works, all contents contained in the works are created by the trustee independently; If a commissioned work is a derivative work resulting from adaptation, translation, annotation, arrangement and other acts, its content shall not infringe the copyright of the original work;
(e) All the contents of the commissioned works provided to Sina do not violate the relevant laws and regulations, and will not infringe the legitimate rights and interests of any third party;
(f) Before submitting the commissioned works to Sina, the trustee did not authorize any other third party to use the commissioned works in any way.
four point five
With the prior written consent of Sina, the trustee may transfer the commissioned works to other traditional media or websites, and the commission fee income and other issues arising therefrom shall be separately negotiated by both parties.
four point six
During the term of this agreement and at any time after the termination of this agreement, if Sina needs the assistance of the trustee to protect its copyright in the commissioned works, the trustee shall provide all necessary assistance.

5. Trade secret
five point one
Either party shall keep confidential the other party's trade secrets and other confidential materials and information (hereinafter referred to as "confidential information") that it knows or comes into contact with as a result of signing or performing this Agreement; Without the written consent of the other party, neither party shall disclose, give or transfer such confidential information to a third party.
five point two
After the termination of this Agreement, the obligations of each party under this clause will not be terminated accordingly. Each party still needs to comply with the confidentiality clause of this Agreement and perform its committed confidentiality obligations until the other party agrees to release this obligation, or in fact will not cause any form of damage to the other party due to the violation of the confidentiality clause of this Agreement.

6. Disclaimer
six point one
The trustee clearly agrees that the risks of the entrusted matters will be borne by itself; All consequences arising from its entrusted matters shall also be borne by itself, and Sina shall not bear any responsibility to the trustee.

six point two
Both Sina and the trustee are not responsible for the losses caused by various accidents. These accidents include but are not limited to the following:
(a) Accidents such as network server equipment failure, network line interruption, power failure, etc.
(b) Encounter malicious attacks from hackers.
(c) Bank system failure.
(d) Encounter war, natural disasters and other force majeure.


7. Liability for breach of contract
seven point one
Sina and the trustee shall properly exercise their rights and perform their obligations to ensure the smooth performance of this agreement.
seven point two
Any party who violates any provision of this Agreement shall be liable for breach of contract; If it causes losses to the other party, it shall compensate the other party for the direct and indirect economic losses incurred thereby.

8. Effectiveness and Termination
eight point one
Once applied for and registered as a formal trustee, this clause constitutes a legally binding cooperation agreement between the trustee and Sina.
eight point three
Sina has the right to unilaterally terminate cooperation at any time according to the requirements of laws, regulations and policies or the needs of website operation.
eight point four
When the cooperation terminates, Sina shall settle the balance of the commission fee with the trustee.

9. Dispute resolution and applicable law
nine point one
In case of any dispute between both parties on the content or implementation of this agreement, both parties shall conduct friendly negotiation; If the negotiation fails, either party can file a lawsuit to the local people's court where Sina is located.
nine point two
The conclusion, execution, interpretation and dispute settlement of this Agreement shall be governed by Chinese laws.

10. Miscellaneous
ten point one
This Agreement shall be binding on the successors and assigns of each party.
ten point two
The failure of either party hereto to exercise its rights hereunder in a timely manner shall not be deemed as a waiver of such rights, nor shall it affect the exercise of such rights by such party in the future.
ten point three
If any clause in this Agreement is completely or partially invalid or unenforceable for whatever reason, or violates any applicable law, it is deemed to be deleted. However, the remaining provisions of this Agreement shall remain valid and binding.
ten point four
Sina has the right to modify the contents of this agreement according to its own operational needs, and notify the trustee in the form of announcement. Once applied for and registered as a formal trustee, it is deemed to agree to abide by the latest agreements and policies issued by Sina.
ten point five
Matters not covered in this agreement shall be settled by both parties through negotiation.