This statement is applicable to those who wish to become Huai 'an PX Intelligent Manufacturing Co., LTD. (hereinafter referred to as PXID). In applying for a franchise through this official website (http://www.pxid.com), the applicant has carefully read and fully understood the legal statement. The APPLICANT now voluntarily accepts the full contents of the Statement without modification and agrees to comply with the Statement.
(1) The applicant undertakes to fill in the "Brand Alliance Application Form" published on the official website completely, objectively and truthfully, and provide the materials and information required in the “Brand Alliance Application Form”. If PXID makes an adverse judgment on the application of the applicant and corresponding consequences (such as application failure which need applicant offer supplement relevant materials, etc.) due to incomplete or incorrect information provided by the applicant, the applicant shall bear the consequences by himself;
(2) The applicant undertakes that the materials and information provided in accordance with the requirements of the "Brand Alliance Application Form" published on the official website are true, accurate and valid. For any reason whatsoever, if the application materials or information submitted by the applicant contain untrue or incorrect contents, PXID has the right to decide not to consider the application of the applicant, immediately terminate its intention to cooperate with PXID, or immediately terminate any agreement signed and confirmed by PXID and the applicant;
(3) The applicant agrees to voluntarily assume all the obligations and legal responsibilities arising from the process of applying to become PXID brand agent;
(4) The applicant agrees that PXID shall investigate and carefully check the data and information provided by the applicant, shall actively cooperate. The investigation, data and information checking by PXID does not constitute a violation of the applicant’s legal rights;
(5) PXID undertakes to keep confidential the data and information provided by the applicant. PXID shall be responsible for the preservation and management of all the documents (including but not limited to originals or copies, scanned copies, faxed copies), copies, audio-visual materials, pictures and other materials and information provided by the applicant to PXID during the application process (PXID hereby does not guarantee the absolute integrity and security of the materials provided by the applicant). If the applicant becomes a brand agent authorized by PXID Company, all the above information will be used by PXID Company in the business and promotion scope of PXID electric brand. If the applicant does not become the authorized agent of PXID Company, the applicant agrees that PXID Company will dispose and destroy the materials and information provided by the applicant.
(6) In the process of applying to join PXID as brand agent, if PXID Company requires the applicant to provide other relevant application materials according to actual or specific circumstances, the applicant should provide them in time;
(7) If the applicant's application is agreed by PXID Company and will sign a letter of intent with PXID company, the applicant should have full civil capacity, independent decision-making ability and full performance ability for the obligations and responsibilities stipulated in the alliance intent letter;
(8) If due to government bans and administrative behavior, the current effective laws, regulations, department, local rules, regulations change, fire, earthquake, floods and other extreme natural disasters, unrest, war, power outages, power failure, communication and network interruption and other unforeseeable, unavoidable, insurmountable, uncontrollable events (force majeure event), third party damage caused by the authorities, PXID shall not be responsible for any delay, stagnation, breakdown or data and information error on the website or the application service network.
(9) In consideration of the site operation particularity and interconnectedness, PXID company does not undertake any responsibility for hacker attack, computer virus invasion, telecom department technical adjustment, or attack the government internet controls and cause the temporary closure of this web site, paralysis, or data message delays, errors, such force majeure events that affect the normal operation of this web site;
(10) Agree to apply for joining the PXID electric product brand agent means accepting the provisions of the "PXID Electric Product Brand Agent Cooperation Confidentiality Statement".
(11) This legal statement and the modify, update and final interpretation rights all belong to PXID.
Attachment: PXID electric product brand agents Trade Secrets Protection Legal Statement
Huai 'an PX Intelligent Manufacturing Co., LTD. (hereinafter referred to as PXID Company) allows become the brand agent of PXID electric products (hereinafter referred to as PXID agent) to use the relevant trade secrets of PXID Company in the process of cooperation, which is legally owned by PXID Company. PXID agents have carefully read and fully understand the confidentiality statement before using PXID's trade secrets. PXID agent hereby voluntarily accepts the full contents of the legal statement without modification and agrees to comply with the legal statement.
Article 1 Trade Secrets
1.PXID's trade secrets involved in the cooperation between PXID Company and PXID agents are practical and not known to the public, can bring economic benefits to PXID Company, PXID has taken confidential measures for technical information and business information, including but not limited to: technology solutions, engineering design, circuit design, the manufacture method, formula, process flow, technical indicators, computer software, database, research and development, technical reports, test reports, the experimental data, the test results, drawings, samples, prototypes, models, molds, manuals, technical documentation, and business secret content related correspondence etc. that involved in PXID.
2. cooperation between the parties involved other commercial secret information, including but not limited to: PXID company all the customer name, address and contact details, such as demand information, marketing plans, purchasing information, pricing policies, supply channels, production and sales strategy, activity plan, the project team personnel composition, cost budget, profit and unpublished financial information, and so on.
3. PXID requires brand agents to undertake confidentiality obligations’ other matters that in accordance with legal provisions and relevant agreements (such as technical contracts) signed with brand agents.
Article 2 Sources of trade secrets
The technical information, business, marketing, operation data or information related to the operation obtained by the PXID agent in connection with the cooperation or resulting from the cooperation, no matter in what form or in what carrier, no matter whether the brand agent is told orally, in writing or in images at the time of disclosure, PXID agents should keep the trade secrets above.
Article 3 Confidentiality responsibilities of brand agents
For PXID trade secrets that the agent grasped, PXID agent hereby undertakes and agrees:
1. PXID agent shall abide by the confidentiality of trade secrets in the cooperation agreement and other agreements signed between the PXID agent and PXID Company.
2. PXID agents shall abide by the relevant regulations and legal statements on keeping trade secrets published on the official website of PXID Company (http://www.pxid.com./), and perform the corresponding confidentiality duties and obligations of cooperation with PXID Company.
3. If PXID company or agent signed a cooperation agreement for business secret and confidential regulation is not perfect, not clear, brand agent should be in line with the attitude of careful, honest, PXID agent should take necessary, reasonable measures, to maintain its cooperation with PXID company during the period of knowledge or hold any belongs to PXID company or to a third party. However, PXID company undertakes to keep confidential the technical information and business information.
4. In addition to fulfilling the needs of cooperation with PXID Company, the brand agent undertakes that without the written consent of PXID Company, Shall not disclose, inform, publicize, publish, publish, teach, transfer, interview or any other third party (especially any direct or potential business competitor) aware of the technical information and business information belonging to PXID or belonging to a third party but which PXID undertakes to keep confidential. In addition, PXID agent shall not use the confidential information outside the performance of the cooperation agreement and business with PXID Company.
5. During the period of cooperation with PXID Company, without prior written consent of PXID Company, PXID agents shall not develop, produce or operate similar products with PXID company or hold or concurrently hold positions in other enterprises, institutions and social organizations that provide similar services. Including but not limited to shareholders, partners, directors, supervisors, managers, staff, agents, consultants and other positions and related work.
6. No matter what reason to end the cooperation with PXID company, PXID agents agree to assume the same confidentiality obligations such as cooperation period, and promise not to use PXID's trade secrets without authorization , in the cooperation period with PXID company accept, know to PXID company or to a third party but PXID company promises have obligation to keep confidential technical information and business information.
7. PXID agent shall not violate the provisions of the statement and the terms of the confidentiality agreement, through blogs, Twitter, WeChat and public account , personal account, network BBS, post bar, or any network channels, as well as any place such as BBS, lectures, revealed, publish PXID company's trade secrets and cooperation involves specific confidential information.
8. PXID agents shall not use PXID company's trade secrets involved in the cooperation by copying, reverse engineering, reverse operation, etc. PXID agent shall sign a confidentiality agreement with the employees and agents of the brand agent who have access to the trade secrets. The substance of the agreement shall be similar to this statement or the confidentiality agreement, and the trade secrets of PXID Company shall be strictly kept.
Article 4 Exceptions to trade secret protection
PXID agrees that the above clause shall not apply to:
1.The trade secret has become or is becoming accessible to the general public.
2.It can prove in writing that the PXID agent has known and mastered the trade secret before receiving the trade secret from PXID.
Article 5 Return of the trade secret related materials
No matter under what circumstances, PXID agent receives a written request from PXID, the PXID agent shall return all trade secret materials and documents, electronic documents, etc., media containing the trade secret materials and all copies or summaries thereof. If the technical material is in a form that cannot be returned, or has been copied or transcribed, copied to another material, form or carrier, the PXID agent shall delete it immediately.
Article 6 Responsibility of brand agents' trade secrets disclosure
1. If the brand agent fails to fulfill the confidentiality obligation stipulated in Article 3 of this Trade Secrets Protection Legal Statement, PXID Company has the right to demand the agent to pay liquidated damages; If any loss caused, PXID shall have the right to claim compensation from the agent
2. The compensation for loss mentioned in item 2 of paragraph 1 of this Article shall include:
(1) The amount of losses shall be the actual economic losses incurred by PXID company the breach of the confidentiality agreement and disclosure of the confidentiality statement by the agent..
(2) If it is difficult to calculate the loss of PXID Company according to the actual situation, the amount of compensation for the loss shall be no less than the expenses already incurred by PXID Company in connection with the cooperation (including the related services and other fees already paid to the agent).
(3) The fees paid by PXID Company for rights protection and investigating the brand agent's breach of contract and disclosure (including but not limited to investigation and evidence collection fees, legal costs, attorney's fees, and other expenses incurred by taking legal measures).
(4) If the breach and disclosure from the agent violates PXID company's trade secret rights regarding the cooperation, PXID Company may choose to require the agent to bear the liability for breach of contract in accordance with this statement and the confidentiality agreement, or require the agent to bear the liability for infringement in accordance with relevant national laws and regulations.
Article 7 This Trade Secrets Protection Legal Statement along with its modify and update rights belong to PXID company.