Intellectual Property Rights Transference Commitment Letter
Based on the full understanding and voluntary accepting of the Design Contest Rules for the Shenzhen 26th Summer Universiade Mascot and all its Attachments, this legal entity/natural person (hereinafter referred to as “the promisee”) makes the following commitments to the Executive Board of the Shenzhen 26th Summer Universiade (hereinafter referred to as “the Executive Board”):
1. The promisee assures that the works submitted to the Executive Board to take part in the Design Contest for the Shenzhen 26th Summer Universiade Mascot (hereinafter referred to as “the Design Contest”) is finished independently by the promisee. The promisee has full, complete and exclusive copyright for the works.
The promisee ensures that he/she has never had and won’t have the right to publish, use or develop the works by himself/herself or by authorizing the third party in the worldwide.
2. From the date of the delivery of the works to the Contest Office, the promisee transfers once-off, irrevocably and exclusively to the Executive Board (including the legal successor of the Executive Board, the same hereinafter) the copyright of the works, and the entire rights of the graphic or tridimensional display of the mascot design schemes in the manner and channel permitted by laws worldwide.
3. If some of the copyright of the works are non-negotiable according to laws of corresponding countries, and can not be transferred in accordance with the regulation in the Article 3 of this Commitment Letter, the promisee commits to appropriately treat the rights, including but not limited to:
(1) The promisee shall exclusively permit the Executive Board to exercise the publishing right of the works at any time and in any way, place or occasion decided by the Executive Board.
(2) The promisee shall agree and assure that the Executive Board has no need to indicate the name or title of the promisee (including but not limited to the original name, pen name, or any title and name that connects the works with the promisee) when using the works in any way and for any purpose. The promisee non-exclusively authorized the Executive Board to take all reasonable measures (including but not limited to arbitration and lawsuit, etc.) to stop the infringement of the signature right of the promisee. The Executive Board can decide whether to take corresponding measures or not according to circumstances.
(3) The promisee exclusively permits the Executive Board to perform the power of revision on the works in any way and for any purpose. When the Executive Board requires the promisee or designates a third party to revise the mascot design scheme, the promisee has no right to interfere the revision or wherefore advance any requirements to the Executive Board. The promisee shall cooperate with relevant revision according to requirements of the Executive Board.
(4) The promisee exclusively permits the Executive Board to perform the Right of the Integrity of Copyrighted Works. When the Executive Board needs to protect the integrity of the works by itself or by authorizing a third party, the promisee shall provide active and reasonable cooperation and agreement. However, the promisee shall not restrict or obstruct the rights and benefits enjoyed by the Executive Board under this Commitment Letter by the season of protecting the integrity of the works.
(5) The promisee assures and agrees that the Executive Board enjoys the right to re-license the above rights to any third party at any time.
4. Concerning the nature of the contest, the promisee agrees that the Executive Board shall not pay rights transference expenses related to the intellectual property rights transference (and/or permission) of the works or any copyright royalty related to the commercial utilization of the works. If the works is selected for the final contest, the promisee agrees to only obtain the bonus listed in the contest rules, and will not demand to share the commercial benefit brought by the works.
5. The promisee commits that the Executive Board has right to decide by itself the use, development, licensed use, protection and re-making, and re-development in any form of the works that is nailed down as the determinate mascot without any interference or restriction from the promisee or any third party. The above activities can be carried out aiming at any carrier (including unknown carrier in the current cognized fields) and can adopt any ways including but not limited to written or electronic form. The promisee has no right to demand to wherefore enjoy any privileged rights or share any rights and benefits of the Executive Board obtained from the above behaviors.
6. If due to the participation of the promisee, the Executive Board is faced with compensation requirements, lawsuit or arbitration from any third party, or wherefore suffers from any direct or indirect losses in terms of honor, reputation or economy, whether the promisee has faults or not, the Executive Board has right to demand the promisee to take enough and appropriate measures in order to prevent the Executive Board from any influences from the above-mentioned compensation, lawsuit or arbitration. Meanwhile, the Executive Board reserves the right to claim further compensation for the direct or indirect losses in terms of honor, reputation or economy from the promisee.
7. The promisee shall not infringe the prior intellectual property rights enjoyed by the Executive Board and any third party during the creation of the works.
8. Without a prior written approval of the Executive Board, the promisee shall not transfer all or some of the committed liabilities under this Commitment Letter.
9. The Commitment Letter shall be explained in accordance with the laws of the People’s Republic of China.
10. The Commitment Letter takes effect from the day it is signed or sealed by the promisee. In case that the applier do not have full capacity for civil conduct, the guardian of the applier shall sign in the signature column after the applier, and indicate his/her status as a guardian;
Promisee (Legal entity) (seal):
Authorized representative (signature):
Date:
Promisee (natural person) (signature):
Date: