Management Mechanism. 5.1 Party A determines the access of Party B and its service through methods such as evaluation. The basic access conditions are as follows: 5.1.1 Party B possesses the legal qualification for wireless value-added service, including corporate business license and operating license for value-added telecom business in the relevant business scope, of which qualification meets the relevant requirements in the Measures for the Administration of Permits for Operation of Telecommunication Business (Decree No.19 issued by the Ministry of Information Industry); 5.1.2 Party B possesses powerful strength in terms of company scale, content or technical resource, and promotion channel and operation experience; 5.1.3 Party B possesses the capability of telecom-level operation and maintenance, and meets the Requirements of China Unicom on Value-added Service Provider in Operation and Maintenance Management in terms of equipment room condition, maintenance organization, security management, daily maintenance management, access method and key indicators, specifically including: (1) Operation and maintenance management: equipment room condition, maintenance organization and post setup, security management, failure and system data change management, daily maintenance management shall meet the relevant requirements; (2) Access mode: dedicated line, VPN access; (3) Key performance indicators: The U-SMS gateway to SP connectivity success rate, WAP business service response time, WAP service page access success rate and equipment 7*24 operation availability meet the relevant requirements; (4) For China Unicom value-added service provider operation and maintenance training certificate and network-wide service, the operation and maintenance personnel shall not be fewer than three per unit for obtaining training certificate at the beginning as required for network-wide service, and the number of personnel for obtaining training certificates shall be increased accordingly with the expansion of service; 5.1.4 Party B shall have perfect and standardized customer service system, with specific requirements complying with relevant provisions of Chapter IX, Customer Service. 5.2 Party A performs appraisal and withdrawal mechanism on Party B and its services respectively. 5.2.1 Party A conducts appraisal on Party B on the basis of service development condition, customer service quality, operation and maintenance quality and credit evaluation rating of Party B, with specific requirements complying with the applicable provisions of this Agreement and relevant management methods of Party A. This Agreement shall be terminated if Party B fails to meet the agreed standards, including but not limited to the following: (1) Accumulating three times of warning from inspection over customer service or once rectification in duration of more than two weeks in a quarter; (2) Exit of certain type of service resulting from exit of single service item, exit of qualification resulting from exit of certain type of service. 5.2.2 Party A conducts appraisal on individual service of Party B on the basis of indicators such as individual item of business income, number of users in use and service maintenance quality, and any service failed to meet the agreed standard is sent off line, including but not limited to the following: (1) U-SMS: Up to ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇ monthly charge downlink (MT) and free-of-charge downlink (MT) on-demand service, and up to 2000 users for customized services. (2) CDMA 1X/GPRS service: The two types of services are supportive and not included in the scope of appraisal for individual item of business income. (3) Service operation and maintenance indicator appraisal: Service performance indicators, such as U-SMS gateway to SP connectivity success rate, WAP business service response time, WAP service page access success rate and equipment 7*24 operation and availability, are appraised monthly in accordance with the Requirements of China Unicom on Value-added Service Provider in Operation and Maintenance Management. Any service failed to meet the standard shall be shielded for rectification, while any service accumulating three times of rectification or once shielding rectification in duration of more than two weeks in one quarter is sent off line; 5.2.3 The appraisal and withdrawal is conducted on a quarterly basis. 5.2.4 If Party B withdraws upon appraisal, Party A will not accept its resubmitted qualification application principally within one year; for service type withdrawn upon appraisal, the application resubmitted for service of the type is principally not accepted within one year. 5.2.5 Party B or Party B’s service of new access within the first three months (three entire billing months from the opening of service) is not involved in the appraisal and withdrawal mechanism as the first three months are the supportive period. 5.3 Principally, Party A does not permit any business transfer between SPs, unless otherwise explicitly agreed upon between Party A and Party B, or subject to prior consent of Party A. Party B may not transfer any business that it carries out to any third party. Any transfer in violation of this Agreement shall be deemed as default of Party B, Party B undertakes the relevant default liability. 5.4 In the event that the subject of Party B changes (i.e., change of subject in the operating license for value-added telecom service and business license), Party B has to fully settle the charges due to Party A, and applies for handling relevant transfer formalities only when no outstanding default item remains. 5.5 The charge standard for network-wide transfer service is as follows: (1) For transfer of U-SMS service type and voice message service type (10159), collect the service charge at the rate of RMB 100 000 per type of service; (2) For transfer of other services, collect the service charge at the rate of RMB 50 000 per type of service. 5.6 Party B shall guarantee that the third party transferee has the qualification and capability not lower than that of Party B for carrying out the value-added service under this Agreement, and has to meet the relevant requirements for service transfer in Party A’s service specification and management methods. After completion of change, all the rights and obligations agreed upon in this Agreement shall be undertaken by the new subject. 5.7 The transferor or transferee involved in the service transfer must pay the relevant cost and expenses incurred from assistance and cooperation in service transfer to Party A, including cost related to line commissioning, data change and customer service. 5.8 Party A encourages and supports service innovation of Party B, and is responsible for establishing and implementing innovative service management mechanism. The innovative services include but not limited to the following: (1) No similar service or application in the existing network, with service of novel design and unique function; or (2) The content resource featured by monopoly or scarcity, and difficult to imitate or obtain within a short period; or (3) Service or application with uniqueness, and possessing independent intellectual property rights such as patent and invention. 5.9 Party A determines the innovative services through periodic evaluation. 5.10 Party A offers green channel service to innovative businesses, specifically gives priority to links such as business handling, examination, testing and logging on, and designates dedicated service manager to assist and guide in preparation of innovative service materials and business testing, and provides whole-process follow-up, coordination and feedback to the business handling. 5.11 Party A provides half-year period of business development for innovative businesses, and open up special area in the new product online column. 5.12 The period for Party A to support new businesses extends to half a year, during which the innovative business is kept out of any appraisal or exit.
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Management Mechanism. 5.1 Party A determines will determine the access of for the telecom value-added services provided by Party B and its service through methods such as evaluationby assessment. The basic conditions for access conditions are shall be as follows:
5.1.1 Party B possesses shall have the legal qualification qualifications for wireless the provision of value-added serviceservices, including corporate the business license for enterprises as legal persons and operating license for cross-region telecom value-added telecom business in service operation license, and its qualifications shall satisfy the relevant business scope, related requirements of which qualification meets the relevant requirements in the Measures for the Administration of Permits for Telecom Service Operation of Telecommunication Business (Decree No.19 issued by the Ministry of Information Industry);License, etc.
5.1.2 Party B possesses powerful has relatively strong strength in terms of company scale, content or technical resourcetechnology resources, and promotion channel promotional channels and operation experience;.
5.1.3 Party B possesses the capability of telecom-shall have telecom level operation and maintenance, maintenance ability and meets satisfy the Requirements on the Operation and Maintenance of Value-Added Service Providers of China Unicom on Value-added Service Provider in Operation and Maintenance Management in terms such aspects as the conditions of equipment room conditionmachine room, maintenance organization, security safety management, daily maintenance managementand administration, access method method, and key indicators, specifically includingincluding but not limited to:
(1) Operation and maintenance management: equipment room conditionthe conditions of machine room, maintenance organization and post setup, security safety management, failure default and system data change management, daily maintenance and management shall meet the relevant satisfy related requirements;
(2) Access modemethod: dedicated private line, VPN access;; Agreement No. KD22-0101-2014-000285
(3) Key performance indicatorsKPI: The U-SMS the ratio of successful connection between Unicom wireless data service gateway to SP connectivity success rateand SP, WAP business wap service response time, WAP ratio of successful access to wap service page access success rate page, and equipment 7*24 hour operation availability meet the relevant reliability shall satisfy related requirements;
(4) For China Unicom value-added service provider operation and maintenance training certificate and network-wide service, the operation and maintenance personnel shall not be fewer than three per unit for obtaining training certificate at the beginning as required for network-wide service, and the number of personnel for obtaining training certificates shall be increased accordingly with the expansion of service;.
5.1.4 Party B shall have perfect and has perfect, standardized customer service system, with specific which shall specifically satisfy the requirements complying with relevant provisions in respect of customer services as set forth in Chapter IX, Customer Service9 of this Agreement.
5.2 Party A performs appraisal has the right to carry out assessment and withdrawal mechanism on exit management respectively for Party B B's qualifications and its the telecom value-added services respectively.provided by Party B.
5.2.1 Party A conducts appraisal on has the right to conduct assessment and management for Party B B's qualifications and the qualification assessment shall be carried out on the basis of service development conditionsuch indictors as business development, customer service quality, operation and maintenance quality and quality, credit evaluation rating of Party B, with assessment rating. The specific requirements complying with shall satisfy the applicable provisions Measures of this Agreement China Unicom for the Administration of Cooperation on Value-Added Products and relevant management methods those of Party A. This Agreement shall be terminated if its detailed rules for implementation. If Party B fails to meet satisfy the agreed standards, including but not limited Party A has the right to the following:
(1) Accumulating three times of warning from inspection over customer service or once rectification in duration of more than two weeks in a quarter;
(2) Exit of certain type of service resulting from exit of single service item, exit of qualification resulting from exit of certain type of service.terminate its cooperation with Party B.
5.2.2 Party A conducts appraisal on has the right to assess Party B's cooperation qualifications. If Party B fails to pass the assessment, Party A has the right to require Party B to withdraw from the cooperation. In the case, Party A, in principle, will not accept Party B's application for the qualifications for cooperation within a year.
5.2.3 Party A has the right to assess any individual service of provided by Party B on a quarterly basis or annual basis. The assessment shall be carried out on the basis of such indicators such as individual item of business income, number of users in use and service users, business maintenance quality, and . Party A has the right to decide to withdraw any service failed which fails to meet the satisfy agreed standard is sent off linestandards from cooperation. As to any individual services withdrawn from cooperation, including but Party A, in principle, will not limited to the following:
(1) U-SMS: Up to ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇ monthly charge downlink (MT) and free-of-charge downlink (MT) on-demand service, and up to 2000 users accept any new application for customized services.
(2) CDMA 1X/GPRS service: The two types of services are supportive and not such service within a year. For any individual service newly included in the scope of appraisal for individual item of business income.
(3) Service operation and maintenance indicator appraisal: Service performance indicatorscooperation, such as U-SMS gateway to SP connectivity success rate, WAP business service response time, WAP service page access success rate and equipment 7*24 operation and availability, are appraised monthly in accordance with the Requirements of China Unicom on Value-added Service Provider in Operation and Maintenance Management. Any service failed to meet the standard shall be shielded for rectification, while any service accumulating three times of rectification or once shielding rectification in duration of more than two weeks in one quarter is sent off line;
5.2.3 The appraisal and withdrawal is conducted on a quarterly basis.
5.2.4 If Party B withdraws upon appraisal, Party A will not accept its resubmitted qualification application principally within one year; for service type withdrawn upon appraisal, the application resubmitted for service of the type is principally not accepted within one year.
5.2.5 Party B or Party B’s service of new access within the first three months (three entire billing full months from for charging fees after the opening launch of the service) is shall be support period, during which the service will not involved participate in the appraisal and withdrawal mechanism as exit assessment. As to innovative services, the first three months are the supportive periodsupport period shall be six months.
5.3 Principally, Party A does not permit any business transfer between SPs, unless otherwise explicitly agreed upon between Party A and Party B, or subject to Without the prior written consent of Party A. A, Party B may shall not transfer any business that it carries out to any third partyparty the services it provides. Any transfer in violation of the requirements of this Agreement shall will be deemed as default of to be Party B's breach, and Party B undertakes shall undertake corresponding liabilities for the relevant default liabilitybreach.
5.4 In the event that the subject of If Party B changes (i.e., change of subject proposes to transfer in the operating general its rights and obligations under this Agreement to any third party which has business license for and related value-added telecom service and business license)operation license or other qualifications, Party B has to fully settle shall, after settling all the charges due amount payable to Party AA and to the extent that there is not any unsettled breach punishment event, and applies Party B may apply to Party A for handling relevant the transfer formalities only when no outstanding default item remainsand Party A has the right to decide whether to agree to such transfer application.
5.5 The charge standard for network-wide transfer service is as follows:
(1) For transfer of U-SMS service type and voice message service type (10159), collect the service charge at the rate of RMB 100 000 per type of service;
(2) For transfer of other services, collect the service charge at the rate of RMB 50 000 per type of service.
5.6 Party B shall guarantee ensure that the third party as the transferee has the qualification qualifications and capability not lower than that ability which are equivalent to or above those of Party B for carrying out the value-added service services under this Agreement, Agreement and has to meet such third party shall satisfy the relevant requirements for in respect of service transfer as set forth in Party A’s service specification 's business standards and management methodsadministrative measures. After the completion of related change, all the rights and obligations agreed upon in under this Agreement shall will be undertaken by the new subject.. Party B agrees that it will take joint and several liabilities with regard to the transferee's ability to perform this Agreement and any loss incurred to Party A or users due to the transferee's violation of this Agreement or related regulations and rules. Agreement No. KD22-0101-2014-000285
5.7 5.6 The transferee or transferor or transferee involved in of the service transfer must shall pay to Party A the relevant cost and expenses costs incurred from to Party A as a result of Party A's assistance in and cooperation in on the service transfer or change (hereinafter collectively referred to Party Aas "transfer service fees"), including cost related the costs relating to line commissioningadjustment or testing of communication line, data change and customer services. Party A shall be notified in writing of the specific party, the transferor or the transferee, which will pay the costs and Party A will provide cooperation on dealing with the formalities after the receipt of the transfer service fees.
5.7 The service fee standards for whole network services shall be as follows:
(1) As to the transfer of Unicom wireless data service, Party A will charge Party B the service fee with the amount of 100,000 yuan per service type;
(2) For the transfer of other service type, Party A will charge Party B the service fee with the amount of 50,000 yuan per service type.
5.8 For encouraging, discovering and supporting Party B to make innovation in telecom value-added services, Party A encourages shall attract valuable cooperation resources, create differential competitiveness and supports service innovation of Party B, shall set up and is responsible for establishing and implementing implement an innovative service business management mechanism. The innovative services include but not limited business shall be subject to the followingrecognition by Party A, which includes but without limitation to the service or function, which:
(1) No similar service . has creative feature and the independent IP for patent or application in the existing network, with service of novel design invention.
2. facilitates users to conduct mutual transmission and unique function; orpromote users to carry out self-propagation.
(2) The content resource featured by monopoly or scarcity3. realizes cross-platform interaction, and difficult promote user consumption and traffic.
4. integrates mobile network with broadband network and guides traffic.
5. has monopoly and scarcity in terms of content and resources.
6. conforms to imitate the focus and hot points of current national policies.
7. has innovation in terms of technology, marketing method, transmission method (e.g. SNS).
8. Other monopolized resources or obtain within a short period; orspecial resources.
(3) Service or application with uniqueness, 9. helps to promote the brand image of China Unicom and possessing independent intellectual property rights such as patent has economic and inventionsocial value.
5.9 Party A determines has the right to organize bidding evaluation for innovative business on a regular basis and select certain services through periodic evaluationfrom the services which have obtained the right of access as innovative services.
5.10 Party A offers green channel service to innovative businesses, specifically gives shall give priority to links Party B's innovative services, i.e., giving priority in handling such matters as business handlingacceptance, examination, testing and logging ontesting, launch of services, and designates dedicated designate special "cooperation partner service manager manager" to assist and guide Party B in the preparation of innovative service materials data, service testing and other links. And Party A shall track the business testing, acceptance at all time and provides whole-process follow-up, provide coordination and feedback to the business handlingfeedback.
5.11 Party A provides will provide a half-year service promotion period of business development for innovative businesses, services and open set up a special area in zone under the new product online column.column of newly launched products. Agreement No. KD22-0101-2014-000285
5.12 The support period for granted by Party A to support new businesses extends to half a yearinnovative services shall be six months, during which innovative services will not be subject to the innovative business is kept out assessment and exit mechanism. Nevertheless, the punishment of any appraisal or exitother breaches and exit mechanism will be applicable all the same.
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Sources: Unicom Wireless Data Service Sp Cooperation Agreement (Kongzhong Corp)