InsertionOrder-MKIT As Publisher
InsertionOrder-MKIT As Publisher
InsertionOrder-MKIT As Publisher
Insertion Order
1. CONTACT INFORMATION
ADVERTISER: PUBLISHER:
CROSSWAY ROCKS MEDIA (HK) MKIT ( HONG KONG) HOLDINGS
Company Name Company Name
LIMITED LIMITED
Contact Shelly Wu Contact Johnson Wang
2. CAMPAIGN
Campaign Name TBD through Email Constant Rate TBD through Email
Site Category TBD through Email Site url: TBD through Email
Start Date 2024/XX/XX
Ad formats TBD through Email
End Date 2025/XX/XX
Total Budget TBD through Email
3. CONTRACTUAL OBLIGATIONS
Advertiser is to involve Publisher to distribute Ads of its Product(s) and/or that of its Customers(“Final Customers”) subject
General
to the terms of this Insertion Order ("IO” or “Agreement” ).
The term of this IO shall be from October 17, 2022 to October 16, 2023 (Initial Term); and it shall be extended for another 12
Terms
months provided that no objection is made by either Party within the last 30 days of the Initial Term .
1. The billing circle hereof shall be based on calendar month, i.e, from 00:00:00 of the first day of each calendar month to
23:59:59 of the last day of such Month.
2. Billing Report of each month shall be provided,no later than the last day of the next calendar month.
3. Publisher shall either confirm the Billing Report or respond with different data in 3 business days upon receiving of each
Reporting
Report; failure to do so within the time period shall be deemed as a confirmation.
4. Advertiser’s data shall prevail provided that difference between Advertiser’s Data and that of Publisher is not exceeding
【3%】; it shall be negotiated if it does exceed 3%.
5. An invoice shall be provided to Advertiser by Publisher each time after the confirmation of Billing.
1.Advertiser shall remit a monthly payment to Publisher, on a [NET+30] days basis upon receiving each of the invoices.
2.The Payment shall be calculated and made to the following account in 【USD】:
Account Name:MKIT (HONG KONG) Holdings Limited
Bank Name: HSBC Hong Kong
Payment
Account No: 741120901838
Swift Code: HSBCHKHHHKH
3.No payment shall be made until it reaches up to 200 USD, except that it is the last payment under this IO.
4. Any overdue payment shall be subject to a fine of 【0.05%】 per day since the date it’s overdue until it is paid.
Taxes All taxes , levies and duties applicable as per Laws and regulations shall be borne by the Party levied on.
Each of Advertiser and Publisher has the right to cancel this Agreement, at any time, by providing the other party with at least
Cancellation
a 48-hour-prior notice in written.
Each party represents and warrants to the other party that: (a) it has the full corporate right, power and authority to enter into
this Agreement, to grant the licenses granted hereunder and to perform the acts required of it hereunder; (b) the execution of
Representations this Agreement by it and the performance of its obligations and duties hereunder, do not and will not violate any agreement to
which it is a party or by which it is otherwise bound; and (c) when executed and delivered, this Agreement will constitute the
legal, valid and binding obligation of each party, enforceable against each party in accordance with its terms.
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Confidential
Advertiser represents and warrants that its materials for distribution or promotion must not, including but not limited to:
(a)drugs, cigarettes and alcoholic drinks; (b)virus, pornography, pedophilia or explicit sex; services providing forgery,
Restrictions on information stealing and site penetration; (c)arms trade, violence and killing; (d)gambling and lottery services; (e)or infringe
Publication any copyright, trademark, patent or other proprietary right of any third party; (f)contain or make reference to any content or
information that could be considered in violation of any laws, regulations or policies, including but not limited to the laws,
regulations and policies of the local market; any other content that could be construed to be in violation of the respective local
market(s).No such traffic mentioned-above shall be paid.
Any confidential information and/or proprietary data provided by one party (“Discloser”) to the other party (“Recipient”),
including the Ad descriptions and the pricing of the Ad(s), and including any information that, based on the circumstances
under which it was disclosed, a reasonable person would treat it as confidential shall be deemed “Confidential Information” of
the Discloser. Confidential Information shall not, without first obtaining the discloser's written consent, be released by the
Confidentiality
Recipient to anyone except an employee or agent that has a need to know and that is bound by confidentiality obligations at
least as strict as those contained herein, but in no event less than a reasonable confidentiality standard. Recipient shall not
use any portion of Confidential Information provided by the Discloser for any purpose other than those provided for under the
Agreement. The provisions of this Confidentiality section shall survive the expiration or termination of the Agreement.
Relationships of The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this
Parties/Third agreement shall be construed otherwise. Nothing in this agreement or in the business or dealings between the parties shall be
Party Rights construed to create a joint venture or partnership.
This Agreement is governed by the laws of 【Hong Kong】, excluding its conflict of laws rules.
Jurisdiction &
Dispute
The court in 【Chaoyang, Beijing】 shall have sole and exclusive jurisdiction over all disputes, controversies or claims arising
Settlement
out of or relating to this Agreement between the parties hereto.
Each party shall make reasonable commercial efforts to keep it's activates operational during normal business hours.
Business
However, the parties agree it is normal to have a certain amount of system downtime and agree not to hold each other or
Operations
publisher liable for any of the consequences of such interruptions.
Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause
Force Majeure beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service
providers, riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, etc.
Mischievous 1. All emails and appendices to this O are an integral part hereof.
Provisions 2. This IO constitutes the entire agreement between the parties concerning the subject matter hereof.
4. AUTHORIZATION:
Date:
Date:
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