HLK Platform Entry Guidelines
HLK Platform Entry Guidelines
1. The platform is merely a "third-party service provider offering information release, transaction matching, and technical support". By entering the platform, enterprises and purchasers acknowledge that the platform has the "right to promote" the enterprise and its products, the right to provide "matching services", and the "exclusive cooperation right", etc. The promotion expenses before the order is formed will be borne by the platform. Once the order is successfully signed, the enterprise is willing to bear the promotion expenses in one lump sum.
2. Exclusive Authorization Clause For enterprises that the platform starts to match: 1. When the platform introduces a purchaser for the first time and provides the enterprise with the purchaser's demand list and contact information; 3. When the platform provides the purchaser and conducts matching;
4 When the purchaser and the enterprise have their first online meeting and exchange contact information. Meeting any of these conditions will be regarded as the enterprise and the purchaser entrusting the platform with exclusive authorization. The enterprise promises not to entrust other third parties for cooperation with this specific purchaser or this project. If such behavior occurs, it will be regarded as "jumping the queue". Purchasers have read this clause when registering. The platform truthfully discloses the enterprise's exclusive cooperation terms to the distributors. If the purchaser continues to contact and trade with the enterprise, it is regarded as accepting the exclusive authorization. If the purchaser bypasses the platform to trade with the enterprise that has been granted exclusive authorization, they need to pay the platform service fee. The platform's first effective introduction and facilitation of the first substantive contact with a specific purchaser is recognized as "effective introduction" and "substantive contact". Purchasers and enterprises are prohibited from bypassing the platform for direct transactions. Orders signed by the purchaser and the enterprise with exclusive authorization are recognized as the effectiveness of the platform's promotion. The enterprise is willing to pay the platform's promotion fee, service fee, etc.
Product List When listing products on the platform, enterprises must clearly specify the specific product model or registration certificate number. Enterprises actively list products on the platform and check the agreement to this agreement for specific products.
. Platform Responsibilities Ensure the stability of the platform system and data security. Perform information review and compliance inspection duties. Keep the business secrets of the enterprises and the information of the purchasers confidential. Exercise management rights properly (such as delisting and shutdown must have clear basis and procedures).
. Signing of Quality Agreement and Order Contract The purchaser and the enterprise shall sign the "Quality Agreement" and the time order contract separately. The quality agreement is crucial and needs to be signed before or simultaneously with the sales contract.
.Termination and Liquidation of the Agreement: After the product is delisted, for orders signed by the terminal customers and purchasers provided by the platform in the future, within the exclusive cooperation period or within three years after the expiration of the exclusive cooperation period, the platform still enjoys a 5% service commission of the order amount. If neither party has written to terminate the agreement and the enterprise has not voluntarily delisted the products, the agreement will be automatically renewed for two years upon expiration.
Exit Mechanism After terminating the cooperation, all products must be delisted, fees settled, and after-sales disputes for which the enterprise is responsible must be handled and completed within one month. The enterprise's product liability and recall responsibility remain. The platform should cooperate in providing information. It should be clear that the enterprise needs to reserve sufficient after-sales guarantee funds or provide guarantees.
Customer List Reporting: Enterprises need to submit the terminal customer and purchaser lists provided by the platform before signing the contract. If there is not enough time, they need to report to the platform within
days after signing the contract. For specific purchasers with whom the enterprise has a stable cooperative relationship before entering the platform, the platform does not claim exclusive cooperation rights. The platform's claim for exclusive cooperation rights is limited to purchasers newly developed and effectively introduced by the platform after the enterprise enters the platform.
. Data Compliance (GDPR, etc.) Cross-border tax and data must be compliant. Intellectual Property Infringement: If there is intellectual property infringement, the enterprise shall bear all consequences of the violation and the impact and losses caused to the platform. The platform will delist the infringing products upon receiving a valid infringement notice. And notify the enterprise in writing at the same time. The enterprise has the right to appeal. Before the appeal is successful, the product cannot be put on the shelves for sale.
Force Majeure: If services cannot be performed due to force majeure such as epidemics, natural disasters, or sudden policy changes, it shall not be subject to the breach of contract restrictions.
Applicable Law and Arbitration: Submit to the China International Economic and Trade Arbitration Commission (CIETAC), with English as the arbitration language. Arbitration shall be conducted in accordance with the arbitration rules of the Commission in effect at the time of the application for arbitration at the location of the purchaser. The arbitration award is final and binding on both parties.