LesPark Guild Leader Registration Agreement
LesPark Guild Leader Registration Agreement
LesPark Guild Leader Registration Agreement (hereinafter referred to as "this Agreement") is an agreement signed between you (hereinafter referred to as the "Guild Manager") and ORIENT BASIC SCIENCE AND TECHNOLOGY PTE. LTD. and/or its affiliates (hereinafter referred to as the "LesPark Platform") regarding your use of the LesPark software (website) for guild creation, registration, operation, management, etc.
1. Important Notes
(1) Please carefully read and fully understand the terms of this Agreement before using this Service, paying special attention to the disclaimers that exempt or limit the liability of the LesPark platform, the restrictions on your rights, the rights license, and the terms of information use marked in bold. Please review and choose to accept or reject this Agreement. If you continue to use this Service, it will be deemed that you have read and agreed to abide by all the terms of this Agreement.
(II) After you accept this Agreement, this Agreement may be modified due to changes in national policies, products, and the environment for the performance of this Agreement. The LesPark platform will notify you of updates through announcements on the official LesPark platform page, pop-up prompts, system notifications, or push messages. If you do not agree to the changes or updates, you should stop using this service and related functions. If you click to agree or continue to use this service, it will be deemed that you agree to be bound by this revised Agreement.
(3) Important definitions
1. LesPark Guild (abbreviated as "Guild") refers to an organizational and service method for the operation and management of online hosts on the LesPark platform. It is also called an agency, MCN agency, performing arts media agency, etc., and its organizational form is generally a company or studio.
2. Guild Manager refers to a natural person with full civil capacity who creates, operates and manages a guild on the LesPark platform, and is the real-name authentication subject of the LesPark guild account.
2. Service Content
(1) The LesPark platform provides guild managers with network technology services such as guild-related LesPark platform technical support and system maintenance, including but not limited to guild creation and registration, business management, member and license management, anchor management, revenue settlement and other services, and opens specific function permissions for guild accounts in accordance with the LesPark platform rules.
(2) Based on operational conditions, the LesPark platform reserves the right to adjust guild-related services or features. The LesPark platform will notify you by posting on the official LesPark platform page, pop-up window prompts, system notifications, or push messages. New guild features and services launched by the LesPark platform are also subject to this Agreement.
3. Guild Creation, Registration, and Contract Signing
(1) Real-name authentication
Guild managers must be at least 18 years old and have full civil capacity when creating and joining the guild. Guild managers must complete real-name authentication in accordance with platform rules.
LesPark reserves the right to verify the consistency between your real-name authentication information on the LesPark platform and your identity information used in signing this Agreement through interviews, video recordings, etc. If there is any inconsistency, LesPark reserves the right to refuse to sign this Agreement. If LesPark discovers that you have impersonated or borrowed someone else's identity information, or if your identity information is inconsistent, LesPark reserves the right to terminate the cooperation and terminate this Agreement at any time.
(2) During the process of guild creation, registration, and operation management, guild managers shall ensure that all information and materials submitted to the LesPark platform are true, accurate, legal, and valid, and shall be obliged to update relevant information in a timely manner;
If a guild manager needs to change the operator of a guild account, they must promptly report to the LesPark platform and provide the relevant documents and materials in accordance with the requirements of the LesPark platform rules. The LesPark platform reserves the right to review or verify the information and materials submitted by the guild manager (including but not limited to the name and font size of the operating entity, profile picture, business license, social unified credit code, and qualification certification). If the submitted information and materials are non-standard, illegal, or the authenticity or accuracy is questionable, the LesPark platform reserves the right to approve, refuse, or revoke the creation and registration of the guild, refuse or stop providing related services, or restrict all or part of the functions of the guild account.
(3) After entering the platform, the guild and the guild manager shall sign the "LesPark Platform Live Streaming Guild Business Cooperation Agreement" with the LesPark platform. Failure to sign the agreement, refusal to sign the agreement, or failure to renew the agreement upon expiration shall be deemed as the guild's refusal to cooperate or waiver of rights. The LesPark platform has the right to temporarily withhold, deduct, and freeze undistributed income (if any); if the LesPark platform suffers losses due to the guild and the guild manager's refusal to sign the "LesPark Platform Live Streaming Guild Business Cooperation Agreement", the guild and the guild manager shall also compensate for the losses.
(IV) After a guild is successfully created, the system will automatically assign an ID number to the guild manager, which will be the guild manager account (also known as the "guild account" or "guild ID"). Ownership of the guild account belongs to the LesPark platform. After the guild manager completes the creation of the guild, he or she will obtain the right to use the guild manager account. The guild manager account may not be donated, loaned, rented, transferred, or sold without the consent of the LesPark platform.
(5) The guild account avatar, name, introduction, logo and other related information and content set by the guild manager shall not contain any illegal or inappropriate content, and shall not impersonate any third party's name, title, font size or make other confusing introductions; if any dispute or controversy arises due to the information set by the guild account, the guild manager shall bear the legal responsibility and consequences on his own, and shall also be responsible for compensation if any loss is caused to the LesPark platform and third parties.
(6) Guild accounts are strictly tied to the rights and interests of the guild. Guild managers are prohibited from transferring, lending, or disclosing LesPark account passwords and login verification information to others. If a guild manager discovers that an account has been illegally used or attacked, please notify the LesPark platform immediately. If a guild account or password is illegally used by others due to negligence by the guild manager or its account operator or due to hacking, the corresponding consequences, economic losses, and other legal liabilities will be borne by the guild manager.
(7) The guild created by the guild manager can participate in the operational activities held by the platform from time to time. The specific operation policies shall be subject to the LesPark platform separately announced.
4. Guild Operation and Management
(1) Guild managers must possess the relevant qualifications, credentials, or licenses required by laws, regulations, and regulatory authorities to engage in online performing arts brokerage business and conduct guild business and may conduct online performance brokerage activities in accordance with the law. If a guild manager is unable to continue conducting guild business due to lack of the relevant qualifications, credentials, or licenses required by laws, regulations, and relevant regulatory authorities, the LesPark platform reserves the right to suspend/terminate guild services at any time, restrict guild activities, revoke or change the operating rights of the guild, anchor, and anchor's live stream room, and impose penalties in accordance with this Agreement and other LesPark platform rules.
(2) When registering, using, and managing guild accounts and using guild services, guild managers must comply with laws and regulations, national interests, the legitimate rights and interests of others, public order and good customs, and information authenticity, as well as the LesPark platform rules, and agree not to use the services provided by the LesPark platform to upload, display, disseminate, or otherwise engage in any illegal, infringing, third-party rights, or other improper activities, including but not limited to:
1. Any behavior prohibited by relevant national laws and regulations is strictly prohibited;
2. It is strictly prohibited to use a non-authenticated account or a shared account to live stream;
3. It is prohibited to live stream unauthorized content (including but not limited to film and television dramas, animation, videos, sports events, etc.);
4. It is prohibited to promote illegal, false, fraudulent, or pyramid scheme-related advertisements during live streams;
5. Prohibit the purchase of fake live streaming popularity and disruptive content on the platform;
6. It is prohibited to live stream other content that has been banned by LesPark platform operators;
7. It is prohibited to slander, abuse or attack other hosts during live streams, and to use insults, foul language, etc.;
8. Any malicious or inflammatory behavior that defames or smears the official image of LesPark is prohibited;
9. Negative live streaming behaviors such as hanging up the screen for a long time, perfunctory live streaming, etc. are prohibited during live streaming (including but not limited to: hanging up the screen for more than 5 minutes, freezing the same or similar screen for a long time; live streaming non-agreed content, playing recorded videos, etc.);
10. Content prohibited from display by relevant national departments (such as the Cyberspace Administration of China) is strictly prohibited;
11. It is strictly prohibited to use virtual currency, virtual props and virtual rights on the platform in any direct, indirect or disguised manner to engage in any "reverse exchange" or gambling activities;
12. It is strictly prohibited to engage in financial transactions with ordinary users or accept gifts from ordinary users through any means or excuses such as dating, offline meetings, marriage, financial difficulties, family difficulties, illness, etc.;
13. Any obscene, pornographic, sexually suggestive, sexually provocative, vulgar, kitsch or other behavior that is contrary to public order and good morals is strictly prohibited.
14. Any behavior prohibited by the rules published from time to time by other live streaming platforms is strictly prohibited.
If the guild violates this article on the LesPark platform, the LesPark platform has the right to notify the platform to impose penalties on the guild, such as warnings, account function restrictions, account freezes, and income deductions, depending on the circumstances. The platform reserves the right to terminate the agreement and require the guild to compensate for all losses caused to the LesPark platform. For details of the "LesPark Online Live Stream Convention", please see the appendixes.
(3) The guild manager shall ensure that the information content within the guild does not infringe upon the intellectual property rights and other legal rights of any third party. Any disputes arising therefrom shall be the sole responsibility of the guild manager. If any losses are caused to LesPark, the guild and its managers shall compensate for them.
(IV) After creating a guild, the guild manager can establish a contractual cooperation relationship with the LesPark platform hosts based on the platform rules by invitation or by the anchor's active application, namely the "guild anchor". After the guild anchor and the guild successfully sign a contract in accordance with the LesPark platform rules, the LesPark platform can hand over the online operation and management rights of the guild anchor to the guild with which the anchor has signed a contract. In order to maintain the normal order of the platform and protect fair competition, the same guild anchor can only sign a contract with one guild. Guild managers are not allowed to cooperate with hosts who have signed contracts with other guilds by using other accounts for live streams and signing contracts. Otherwise, the LesPark platform has the right to terminate the anchor-guild cooperation relationship that does not comply with the platform rules in accordance with the platform rules, and has the right to impose penalties in accordance with the LesPark platform rules.
(V) The relationship between guild hosts and the LesPark platform
Guild hosts, as members of MCN organizations/livestreaming guilds, will establish a labor, service, or business partnership with the hosts after consultation and in accordance with their internal agreements. The guilds are responsible for handling tax returns, withholding taxes, providing labor insurance (if necessary), and providing social security and provident fund benefits (if necessary) for the hosts.
the guild anchor settles in and signs the contract on the LesPark platform, a commercial cooperation relationship is established with the LesPark platform.
The LesPark platform provides only technical services to guilds, guild managers, and guild hosts. The platform does not enforce labor discipline on guild hosts, such as attendance checks. The platform and guild hosts do not constitute any labor, service, or employment-like relationship. The LesPark platform assumes no employer responsibilities, including those for labor protection, social insurance, and housing provident funds. Information such as live stream duration collected by the platform is used only to calculate cooperation fees and platform rewards for guilds and hosts and does not constitute any imposition of labor discipline on guild hosts by the platform.
(6) Guild managers can view the guild's business overview, platform policy notifications, and conduct guild and anchor management through the LesPark platform system. If a guild anchor and the guild reach a contractual cooperation agreement in accordance with the LesPark platform rules, the guild has the right to participate in the sharing of the props/gift revenue of the cooperating anchor.
(VII) The LesPark platform strictly prohibits live streaming by minors under the age of 18. Live hosts contracted by guild managers must be persons with full civil capacity who meet the requirements of laws, regulations, and regulatory requirements for engaging in internet live streaming and performing arts activities. Guild managers are obligated to verify the identity, age, and qualifications of contracted live hosts and supervise and manage their real name live streaming in accordance with laws, regulations, and regulatory requirements. If a guild or guild manager recruits a minor under the age of 18 as a live host, it will be deemed a serious breach of contract by the guild and guild manager.
(8) Guild managers should conduct legal and orderly operations and management, respect and maintain the reputation of the LesPark platform, abide by the rules of the LesPark platform, actively cooperate with official event arrangements, provide planning, publicity, packaging and other support for the live streams and performances of guild cooperating hosts, improve the performance quality and popularity of hosts, and standardize and guide the behavior of hosts. Guild managers shall not engage in activities that damage the rights and interests of hosts, disrupt the normal order of the LesPark platform, or violate the principles of fair competition or good faith, including but not limited to:
1. Signing a contract with a host through fraud, coercion, or other means, or committing fraud or other illegal acts under the guise of signing a contract;
2. Failure to pay the cooperation fees to the anchor in full and on time;
3. Suppressing the development of hosts or maintaining a rigid cooperative relationship with hosts;
4. Maliciously slander, or fabricate, make up, publish, or disseminate negative information about other guilds and their co-hosts, or incite others to take the aforementioned actions;
5. Fraud, coercion, inducement, instigation, assistance, or allowing a cooperating host to set up another account or use a real-name account (or live stream room) other than the host's own to live stream, perform, or publish video works;
6. Violate the LesPark platform rules to recruit, organize, instruct, or allow minors to bypass the live stream compliance requirements in any way to conduct live streams or provide brokerage services related to live streams and online performances to minors;
7. Fraud, coercion, inducement, instigation, assistance, or allowing the host to maliciously violate the agreement, breach the contract and switch jobs, damage the cooperative relationship between other guilds and the host, or engage in unfair competition with other guilds;
8. Fraud, coercion, inducement, instigation, assistance, or indulgence of cooperating hosts in violating the cooperation agreement with the LesPark platform or engaging in behavior that conflicts with the cooperation content of the LesPark platform;
9. Other acts that damage the rights of hosts, disrupt the normal order of the LesPark platform, or violate the principles of fair competition or good faith.
(9) Guild managers and guild co-hosts shall not induce users to consume by means of false consumption, leading rewards, emotional deception, etc., and shall not hype by means of reward rankings or false propaganda. Guild managers shall strengthen the control over hosts, requiring hosts not to induce users to consume by means of verbal stimulation, unreasonable special treatment, promises of rebates, offline contact or communication, or sending pictures or videos containing illegal content; guild managers shall require guild co-hosts not to engage in any behavior that induces underage users to consume in any way , including but not limited to encouraging minors to consume with false identity information, encouraging minors to consume in order to complete tasks for hosts, encouraging minors to consume with pocket money or parents' money, and instigating minors to delete consumption records.
(10) Guild managers shall ensure that the live stream content of the guild and its cooperating hosts complies with national laws and regulations, regulatory requirements, LesPark platform rules, and relevant agreements between the guild managers and/or hosts and the LesPark platform, and shall cooperate with the LesPark platform to jointly maintain good order in the live stream room:
1. It is strictly prohibited to engage in any behavior prohibited by national laws, regulations, regulatory requirements and LesPark platform rules or to infringe upon the legitimate rights and interests of third parties;
2. It is prohibited to live stream using a non-authenticated account or a shared account by multiple people; it is prohibited to provide a real-name anchor account to minors in any form, which may cause minors to circumvent the platform's live stream compliance requirements and live stream;
3. It is prohibited to use minors as companions or companions in live streams, to exploit minors for malicious marketing or hype to gain attention, and to produce, copy, publish, or disseminate content that contains negative information that affects the physical and mental health of minors or that may induce minors to imitate or engage in behaviors that are inappropriate for minors.
4. It is prohibited to directly or indirectly live stream content that has not been authorized by the rights holder in the live stream room (including but not limited to: film and television dramas, animation, audio and video, sports events, etc.);
5. It is prohibited to promote illegal, false, fraudulent, or pyramid scheme-related advertisements or content during live streams;
6. It is prohibited to promote or sell products or services that are not authorized by the LesPark platform and/or the LesPark platform during live streams;
7. Defamation, abuse, attacks, insults, foul language, and other inappropriate behavior are prohibited during live streams;
8. It is prohibited to fabricate live stream popularity, sales volume, traffic, revenue, identity level, or other behaviors that disrupt the order of the platform;
9. Negative live streaming behaviors such as prolonged idle streaming and perfunctory live streaming are prohibited (including but not limited to: black screen idle for more than 5 minutes; freezing the same or similar screen for a long time; live streaming content of non-agreed products/categories; playing recorded videos, etc.);
10. Any form of cheating in the game (including but not limited to the use of plug-ins, auxiliary software, mouse macros, etc.) is prohibited. Judgment criteria include but are not limited to: official confirmation by the game, confirmation by the platform after being reported by others, and the negative social impact of the incident.
11. It is prohibited to live stream other content that has been banned by LesPark platform operators.
(11) The Guild and the Guild Manager know and agree that: for situations where funds should be returned to specific users or recovered in accordance with national laws, regulations and the requirements of relevant authorities, or other situations where assistance should be provided for execution (such as assistance in judicial enforcement, assistance in property preservation, etc.), the LesPark platform has the right to freeze/intercept/allocate the unwithdrawn earnings in the Guild Commission Account and require the Guild, the Guild Manager and the Anchor to cooperate in refunding or providing other relevant cooperation; if the Guild’s earnings are not sufficient to fully offset the refund amount, the Guild and the Guild Manager shall pay in accordance with the method notified by the LesPark platform within 5 working days of receiving the written notice from LesPark. If the Guild and the Guild Manager fail to pay on time, the LesPark platform has the right to directly intercept or deduct from the subsequent profit sharing.
The above-mentioned “situations where funds should be returned to a specific user or recovered” include but are not limited to:
1. Minors’ rewards and consumption on the platform;
2. Consumption by any person without civil capacity or with limited civil capacity other than minors;
3. The illegal and irregular income of the guild and its co-hosts;
4. Profits generated by guilds and their co-hosts violating platform rules, cheating, or violating the principles of fair competition or good faith;
5. Funds related to criminal conduct that are required to be returned by judicial authorities;
6. Other circumstances where a refund should be made upon request of the relevant authorities.
V. Income and Tax Return
(1) The income that the guild can obtain shall be based on the "LesPark Platform Live Streaming Guild Business Cooperation Agreement" separately concluded between the guild, the guild manager and the LesPark platform, as well as the profit-sharing policy formulated by the LesPark platform.
(2) The LesPark platform is obliged to report to the tax authorities the tax-related information of guilds, guild managers, and guild hosts on the LesPark platform. Guild managers shall cooperate and be responsible for the authenticity, accuracy, and completeness of the anchor tax-related information provided by guild managers to the LesPark platform.
(3) Guilds and guild managers are obligated to declare and withhold individual income taxes for guild hosts and are prohibited from engaging in the following tax-related violations: concealing, misrepresenting, or omitting tax-related information or income; or evading taxes. If a guild, guild manager, or guild host violates tax laws and is subject to tax audits, administrative penalties, orders to pay back taxes, or even suspected of tax-related criminal offenses, the guild, guild manager, or guild host shall bear the consequences.
VI. Breach of Contract
(1) Guild managers should properly manage and supervise the guild, its co-hosts and their live stream rooms to avoid any illegal or irregular activities, violations of the LesPark platform rules or relevant agreements concluded with the LesPark platform, as well as any improper behaviors and situations that violate public order and good morals, fair competition and the principles of honesty and trustworthiness (including but not limited to using guild accounts to disrupt the platform order, deceiving other users, etc.). If the aforementioned circumstances occur, or users report or complain about the aforementioned circumstances, the LesPark platform has the right to take measures such as banning the live stream room, adjusting/removing illegal content, freezing/restricting guild accounts/licensing rights, etc. without prior notice to prevent the expansion of negative impacts/losses; at the same time, the LesPark platform has the right to independently judge and take one or more of the following measures to punish guild managers and guild accounts based on the verified situation and the severity of the circumstances: public warning, freezing guild accounts, restricting/reclaiming guild licensing rights, revoking the anchor's live stream room operation authorization, deducting deposits, deducting guild credit points, suspending payments/deducting income, revoking platinum guilds, recovering guilds, and demanding compensation for all losses suffered by the LesPark platform (all losses include but are not limited to the operating losses, reputation losses, administrative penalties suffered by the LesPark platform or compensation made to third parties, and rights protection costs), etc. Other violation penalty measures shall be implemented in accordance with the platform rules separately announced by the LesPark platform.
(2) If the actions of the Guild Manager cause third-party complaints or legal claims, the Guild Manager shall resolve them on its own and bear the consequences arising therefrom. The Guild Manager shall be responsible for compensating for all losses of the LesPark platform caused thereby.
(3) If a guild manager is suspected of committing a crime or other illegal or irregular behavior, the LesPark platform has the right to retain relevant records and report to the relevant competent authorities in accordance with the law.
(IV) When the anchor receives a share of the relevant props/gifts, he or she may be under a contractual obligation to provide corresponding online live streams and performing arts activities for paying users and the LesPark platform, and the anchor should properly perform the corresponding obligations. In order to protect the rights and interests of users and the platform, when the anchor's relevant obligations have not been fully fulfilled, the anchor's account will not be able to be cancelled. Guild managers should supervise and regulate this. Even if the LesPark platform determines that the anchor meets the cancellation conditions, allowing the anchor to cancel the account does not mean that the LesPark platform recognizes that the anchor has fulfilled all contractual obligations to the platform or users. The guild anchor and the guild still need to bear the corresponding responsibilities for the contractual obligations arising from the use of the account before the account is logged out, including but not limited to continued performance and compensation for losses.
VII. Intellectual Property Rights and Personal Information Protection
(1) The guild manager agrees to authorize the LesPark platform to use the intellectual property rights (including but not limited to copyright, neighboring rights, trademark rights and other intellectual property rights and derivative rights) of the text, pictures, audio, video, lyrics, music, dance, dubbing, live stream images and other content and derivative content generated by the guild and its co-hosts in online live streams, performances, commercial activities and activities using the guild (including font size, name of the guild, etc.) and the host's own public image. This authorization is permanent, global, sublicensable (multi-level), and transferable (multi-level), and the LesPark platform does not need to pay any additional fees.
(2) In order to provide live streams and related services to hosts, the LesPark platform enjoys overall property rights over all information generated by hosts in their online live streams and performances on the LesPark platform. The LesPark platform has the right to collect, process, analyze, and handle the aforementioned information, and share it with the hosts themselves, the guilds they cooperate with, or the partners separately agreed upon by the hosts. If the guilds obtain, collect, process, and store such information, they shall assume the obligation of confidentiality and personal information protection. The various information generated by the aforementioned hosts in their online live streams and performances on the LesPark platform include but are not limited to anchor account information (anchor nickname, ID number, etc.), live stream data (live stream duration, popularity, number of barrages, etc.), revenue data (live stream room flow, interactive revenue, etc.), and contract information with the guilds (contract signing time, profit sharing ratio, etc.). The specific information shall be subject to the statistics and actual display of the LesPark platform.
8. Disclaimer
(1) Guild managers acknowledge and agree that due to the instability of Internet technology and the limitations of existing technology, there may be/occur risks such as virus intrusion, hacker attacks, server system crashes and other risks that cannot be resolved by other technologies, defects in third-party services, or delays, interruptions, stoppages or errors in your use of this service, errors or loss of data due to improper operation, government regulation, or force majeure. LesPark platform cannot guarantee that guild managers can use this service without the aforementioned risks, and does not assume any responsibility for the consequences of the aforementioned risks.
(2) The LesPark platform needs to regularly or irregularly inspect or maintain the platform or related equipment that provides guild services. If such circumstances cause the service (including paid services) to be interrupted within a reasonable period of time, the LesPark platform shall not be liable to the extent permitted by laws and regulations. At the same time, the LesPark platform reserves the right to decide at any time to activate, interrupt, adjust, or terminate all or part of the service based on product plans and operational conditions. We will notify you through public announcements on the LesPark platform official page or through pop-up prompts, system notifications, push messages, etc.
IX. Others
1. The formation, effectiveness, performance, interpretation, termination and dispute resolution of this Agreement shall be governed by the laws of Singapore.
2. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally settled by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which Rules are deemed to be incorporated by reference into this Clause.
The place of arbitration shall be Singapore.
The arbitral tribunal shall consist of one arbitrator.
The language of the arbitration shall be English.
(3) Both parties agree that if either party breaches the contract, the costs of investigation and evidence collection, attorney fees, travel expenses, notarization fees, appraisal fees, and other rights protection costs incurred by the party that complies with the contract in asserting its rights shall be borne by the party that is found in breach of contract.
(IV) This Agreement, together with the LesPark User Agreement and other agreements and rules, constitute the LesPark platform rules. Matters not covered in this Agreement shall be subject to other LesPark platform rules.
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Appendix 1
Business Ethics Commitment
To LesPark Platform:
While ensuring strict compliance with business ethics and codes of conduct, we deeply recognize that coexistence and progress are the common aspirations of both parties. On the basis of equality and integrity, to safeguard the interests of both parties and to achieve better long-term cooperation, both parties will work in good faith to create a pure land of business cooperation. In the absence of other illegal factors, we will have equal opportunities and strive to establish a long-term cooperative relationship in a fair and reasonable manner. We abide by the following commitments:
1. Confidentiality Guarantee: As your performing anchor, we operate on your platform. When providing services to you, any knowledge or exposure to relevant operating methods, prices, finances, operations, technologies, information, etc. shall be deemed as business secrets, and we have the obligation to keep them confidential.
a. Without your written permission, we and our employees or authorized personnel who must know such information will not disclose such information to any third party, nor will we engage in any behavior that is not permitted by law or business practice.
b. We will take necessary and effective measures to prevent such information from being illegally obtained, otherwise we will bear the corresponding legal liability.
2. Integrity Guarantee: We strictly abide by business ethics and codes of conduct and make the following solemn commitments to you.
a. Do not directly or indirectly give gifts, money, or securities in any form to employees, relatives, or other related personnel of you or your affiliated units, or to any related cooperating units with whom you have a vested interest (hereinafter collectively referred to as "Related Personnel and Units").
b. Do not host banquets for relevant personnel and unit employees, and do not meet or have gatherings with them alone outside the office (such as private homes, restaurants, etc.).
c. Do not provide leisure, entertainment, travel and other activities for relevant personnel and units in any way.
d. Do not provide any low-priced goods to relevant personnel and units.
e. No bill reimbursement will be provided to relevant personnel and units.
f. Do not provide any form of kickbacks to relevant personnel or units.
g. Do not engage in any other conduct that may affect the fair and impartial operation of the platform.
3. If any of the above circumstances occur, you have the right to terminate this contract or our partnership at any time and confiscate our performance bond. Furthermore, we are willing to pay you a penalty of RMB 100,000 as liquidated damages, which will be deducted directly from your unpaid wages or other payables. We will also assume all losses incurred by you.
4. If we discover that your personnel have engaged in unethical behavior during the performance of the contract, we will take timely measures to actively and effectively stop the continuous occurrence of their unethical behavior and promptly inform the responsible leaders of your unit.
5. We are fully aware that this Letter of Commitment is one of the necessary documents that serve as the basis for establishing cooperation between you and us or as a prerequisite for considering including us in the scope of partners. We must sign and submit this Letter of Commitment when conducting preliminary intention negotiations with you; however, the signing of this Letter of Commitment before the two parties have signed a separate contract or agreement does not constitute an expression of your intention to necessarily accept the establishment of a cooperative relationship with us.
6. After you and we sign the relevant contract or establish a relationship, this letter of commitment will become an important part of the contract and have the same legal effect.
7. This letter of commitment shall take effect from the date of signing and shall remain valid after the contract between the two parties is terminated.
(over)
Appendix II
LesPark Live stream Convention
1. Setting Objectives
This agreement is formulated to safeguard the basic order of LesPark live streaming and provide LesPark users with a healthy and harmonious live streaming platform. All LesPark hosts must abide by the following regulations, otherwise they will be subject to different penalties based on the severity of the offense.
II. Definition and Penalties for Live Video Streaming Violations
Category A serious violations
Serious violations refer to behaviors involving violent, bloody, pornographic, political, dangerous and other live stream contents, which seriously endanger public safety and disrupt the order of the LesPark platform.
Violation of the following regulations during live video live streams will constitute serious violations, including but not limited to:
1. It is strictly forbidden to make anti-Party and anti-government remarks, or to engage in acts that insult and slander the Party and the country, such as:
1) Opposing the basic principles established by the Constitution;
2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
3) Damaging national honor and interests;
4) Inciting ethnic hatred, ethnic discrimination, and undermining national unity;
5) Undermining the state's religious policies and promoting cults and feudal superstitions;
6) Spreading rumors, disrupting social order, and undermining social stability;
7) Spreading obscenity, pornography, gambling, violence, murder, terror, or instigating crime;
8) Insulting or defaming others, or infringing upon the legitimate rights and interests of others;
9) Contains other content prohibited by laws and administrative regulations.
2. It is strictly prohibited to disseminate any content that is obscene, pornographic, or vulgar in any form, including but not limited to:
1) It is strictly prohibited to display or implicitly display sensitive body parts with sexual characteristics in any way;
2) Any sexually suggestive performances or behaviors are strictly prohibited, such as touching each other's sensitive areas, engaging in sexually suggestive actions, or engaging in any form of touching in bed.
3) It is strictly prohibited to disseminate pictures, speeches, songs, videos, sounds, etc. that contain sexual acts, sexual provocations, or sexual insults;
4) It is strictly prohibited to spread information such as exposure, candid photos, and leaks that violate the privacy of others.
3. It is strictly prohibited to conduct other performances involving politics, pornography, illegality, infringement, or threats to life and health. For example:
1) Displaying guns, controlled knives, or performing high-risk performances is strictly prohibited. This includes waving controlled knives, guns, highly simulated guns, or performing highly dangerous acts.
2) It is strictly prohibited to perform programs that endanger the personal safety of others, such as threatening others with knives;
3) Performances that endanger personal safety, such as suicide or self-harm, are strictly prohibited;
4) Prohibiting the dissemination of drugs, such as displaying drug samples, demonstrating or teaching how to smoke or inject drugs, or explaining the drug production process;
5) It is strictly prohibited to promote pyramid schemes, deceive users into joining pyramid schemes, or organize pyramid schemes;
6) It is strictly prohibited to promote gambling information in any way, and it is strictly prohibited to engage in any gambling or disguised gambling activities.
4. Strictly prohibit disorderly behavior in "fan circles". For example:
1) It is strictly prohibited to induce minors to raise funds for support, make high-value purchases, vote for charts, etc.
2) It is strictly forbidden for fans to insult each other, incite conflicts, spread rumors and attack, conduct human flesh searches, and invade privacy.
3) It is strictly forbidden to encourage fans to show off their wealth, indulge in luxury, etc.
4) It is strictly prohibited to call on fans, hire online water armies, and "raise accounts" to increase traffic and control comments.
5) It is strictly prohibited to interfere with public opinion and affect the order of communication by "riding on hot topics" or creating topics.
6) It is strictly forbidden to induce others to transfer money or give gifts under the guise of dating.
7) It is strictly forbidden for hosts to receive offline transfers or require users to purchase physical gifts.
Once a Class A general violation is discovered, the company will take measures such as suspending the live stream room for a certain period of time or even permanently, depending on the severity of the violation and its social impact. At the same time, the company will retain regulatory records and report them to the relevant management department.
Category B general violations
General violations refer to violations of the following management regulations, other than serious violations, that disrupt social public order and the order of the LesPark platform with a relatively minor impact.
Violation of the following provisions during live video live streams will constitute general violations, including but not limited to:
1. Live stream content regulations:
1) Male users are strictly prohibited from live streaming;
2) It is strictly forbidden to open rooms with vulgar and provocative titles;
3) Organizing live streams with the purpose of harassment or teasing is strictly prohibited;
4) It is strictly prohibited to disseminate vulgar or pornographic images, voice, text, games, and video information that may cause vulgar interactions within the venue;
5) Sexually suggestive performances are strictly prohibited, such as deliberately focusing on sexually sensitive areas, performing actions that evoke sexual fantasies, or using sex toys as props.
6) It is strictly prohibited to disseminate infringing information, such as: uncopyrighted films and TV shows, other video websites, live stream platforms, TV station images and events, etc.
7) Publishing false information and fraudulent content is strictly prohibited.
8) Minors are strictly prohibited from appearing on screen and giving gifts;
9) It is strictly forbidden for hosts to induce incentives for rewards;
10) It is strictly prohibited to exploit the pity of the sick, disabled, or lonely or fabricate false or bizarre plots to commit fraud in disguised form;
11) Malicious marketing using "patriotic concepts" or creating personas is strictly prohibited;
12) Spreading rumors or engaging in malicious marketing by taking advantage of disasters, accident sites, hot events, hot figures, or hot topics is strictly prohibited;
13) Strictly prohibit the publication of political, military-related, reactionary, secessionist, or other remarks or actions that are detrimental to national security and unity;
14) Posting content showing off wealth online is strictly prohibited;
15) Illegal fundraising in fan clubs is strictly prohibited;
2. Live stream attire and makeup regulations:
1) It is strictly forbidden to deliberately expose sensitive parts such as cleavage and buttocks;
2) Wearing sexy lingerie, revealing clothing, see-through clothing, flesh-colored tights, or underwear as outerwear is strictly prohibited;
3) Other revealing clothing or indecent clothing with obvious sexual connotations is strictly prohibited;
4) Makeup that is vulgar, indecent, or causes discomfort to others is strictly prohibited.
3. Live Speech Rules:
1) It is strictly forbidden to deliberately imitate any sexually suggestive sounds;
2) It is strictly prohibited to deliberately make vulgar or obscene remarks or lead to vulgar interactions in the venue;
3) It is strictly prohibited to continuously use foul language, insult or attack others, or spread other people's privacy;
4) It is strictly prohibited to promote other audio and video platforms in any form, including text, audio, and pictures.
Once a Class B general violation is discovered, depending on the severity and social impact, measures such as a severe warning, suspension of the live stream room for a certain period of time if the warning fails, or even permanent suspension of the live stream room will be taken. At the same time, the company will retain regulatory records and report them to the relevant management departments.
Class C minor violations
Minor violations refer to violations that disrupt the order of the LesPark platform with relatively minor impact, except for serious violations and general violations.
Violation of the following regulations during live video live streams will constitute minor violations, including but not limited to:
1) Wearing uniforms representing personnel of state organs of the People's Republic of China (including Hong Kong, Macao, and Taiwan) or the military is strictly prohibited during live streams. This includes police uniforms, military uniforms, industrial and commercial uniforms, procuratorate uniforms, court uniforms, urban management uniforms, and road administration uniforms.
2) The use of uncivilized language is strictly prohibited.
3) Smoking and drinking in front of the live camera is strictly prohibited
4) Exposing large areas of tattoos is strictly prohibited
5) It is strictly prohibited to publish and disseminate harassing, false, transactional content or advertising content without the consent of the LesPark platform in any form (such as comments, live stream room titles, covers, avatars, etc.).
6) It is strictly prohibited to publish or spread rumors in any form.
7) It is strictly prohibited to publish information about borrowing money from others, asking for passwords, or other information involving property.
8) It is strictly prohibited to purchase fake popularity or obtain gifts or props through illegal means.
9) It is strictly prohibited to play content that is irrelevant to the live stream theme for a long time, or to hang up or play content that is not hosted by the host for a long time.
Once a Class C minor violation is discovered, a warning will be issued in the public comment section. If the warning fails, the live stream will be interrupted and, depending on the severity of the violation, the live stream will be suspended for a certain period of time. The company will also retain regulatory records and report them to the relevant management department.
Appendix III
LesPark Platform Commercial Corruption Reporting Rewards
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the company's rules and regulations in order to strengthen the standardization and institutionalization of the ecological governance and internal control of the LesPark platform, prevent fraud and bribery, and protect the legitimate rights and interests of the platform, users, and suppliers.
Article 2 Ordinary users, VIP users, contracted hosts, live stream guilds, cooperative units, suppliers, and platform staff of the LesPark platform (hereinafter collectively referred to as whistleblowers, who shall be natural persons) who report commercial corruption by platform staff that they have discovered or obtained clues about, and after verification by the company or the case is accepted by the judicial authorities, corresponding rewards will be given and applicable to these measures.
The reporting targets (reported persons) referred to in these Measures are LesPark platform staff, employees, agents, and other personnel (hereinafter referred to as "Platform Staff"). Live hosts, live stream guilds/hallways, suppliers, and users have a commercial contractual relationship with the Platform, and the rights and obligations of each party should be determined in accordance with the commercial contract.
The commercial corruption referred to in these Measures refers to acts of seeking improper benefits, such as embezzlement, commercial bribery, commercial bribery, transfer of benefits, extortion, and kickbacks. For details, please refer to Article 3 and the provisions of the Appendix.
Article 3: If you report the following commercial corruption by our platform staff, and the report is verified by our company or the case is accepted by the judicial authorities, our company will provide the reporter with a corresponding reward:
(1) Employment;
(2) Commercial bribery;
(3) Behavior involving conflicts of interest;
(4) acts of leaking secrets;
(5) Commercial fraud (other frauds are not eligible for reporting rewards);
(6) Other illegal activities suspected of commercial corruption that have been transferred to judicial authorities and subject to criminal prosecution (individual illegal and criminal activities of staff of this platform are not eligible for reporting rewards).
For the specific meaning of commercial corruption in items (1) to (7) of the preceding paragraph, please refer to the explanation in the appendix "Explanation of Terms" at the end of these Measures.
Article 4 Whistleblowers may report commercial corruption by Platform staff to the Company through the Company's published channels for receiving complaints and reports, such as the Internet, telephone, fax, mailing address, and windows.
Article 5: Whistleblowers may report in real name or anonymously. Real-name reporting requires proof of identity and valid contact information. Anonymous whistleblowers seeking a reward for reporting must pledge that they do not fall under the circumstances specified in Article 13, provide information that can identify them as a whistleblower's ID, and agree with a dedicated person from the Company's Professional Ethics and Discipline Committee on a reporting password, the method for notifying them of the results of the report, and their right to receive a reward.
If an anonymous whistleblower receives a reward notification and decides to claim the reward, he or she should proactively provide information such as his or her identity code and reporting password to facilitate the company in verifying his or her identity and issuing the reward.
Chapter 2 Reward Conditions
Article 6 To receive a whistleblower reward, the following conditions must be met simultaneously:
(1) There are clear objects of reporting and specific violations or clues to illegal activities, and key evidence is provided;
(2) The content of the report is not known to the Company in advance;
(3) The Company has verified the contents of the report and has taken appropriate measures in accordance with the Company's regulations, or has transferred the report to a judicial authority and has been accepted by the judicial authority in accordance with the law.
Article 7 The implementation of whistleblower rewards shall comply with the following principles:
(1) If the same case is reported by two or more informants using the same clue, the first informant will be rewarded;
(2) If two or more whistleblowers jointly report the same case, the reward for reporting will be distributed as if it were the same case;
(3) Whistleblowers reporting the same matter will not be rewarded repeatedly; if the same case is reported by two or more whistleblowers, the total reward amount shall not exceed the highest standard of the corresponding reward level stipulated in Article 9 of these Measures;
(4) If the facts verified by the Company are completely inconsistent with the reported matters, no reward will be given; if the facts verified by the Company are partially consistent with the reported matters, only the reward amount for the consistent part will be calculated; in addition to the reported matters, other violations of disciplines and regulations that have been verified by the Company will not be calculated in the reward amount for the other violations of disciplines and regulations.
Chapter III Reward Standards
Article 8: Reporting rewards are divided into three levels:
(1) Level 1 Reporting Reward: This level is determined by providing detailed facts and direct evidence of the reported party's commercial corruption, the content of the report is completely consistent with the facts of the commercial corruption, and the reported matter is verified to be a particularly serious commercial corruption act (the amount involved is RMB 30,000 or more) or suspected of a crime;
(2) Level 2 Reporting Reward: This level requires the reporting party to provide facts and direct evidence of the commercial corruption of the party being reported, the content of the report is completely consistent with the facts of the commercial corruption, and the amount involved is RMB 10,000 or more;
(3) Level 3 Reporting Reward: This level is determined by providing basic facts and relevant evidence of the reported party's commercial corruption, and the content of the report is generally consistent with the facts of the commercial corruption (with no limit on the amount involved).
Article 9 The Company will calculate the reward amount based on the following criteria, taking into account the degree of harm caused by commercial corruption to the Company, its users, and its suppliers, and determine the final reward amount:
(1) A reward of no less than RMB 100,000 will be given for a Level 1 report. The Company may appropriately increase the reward standard stipulated in this item after comprehensively considering the degree of harm caused by commercial corruption to the Company, its users, and its suppliers.
(2) For Level 2 reporting rewards, a reward of no more than RMB 60,000 will be given;
(3) For third-level reporting rewards, a reward of no more than RMB 30,000 will be given.
If the commercial corruption is reported by internal personnel of the entity that commits the act, the Company will also, at its discretion, increase the reward standard stipulated in the preceding paragraph.
Article 10: If clues of commercial corruption are transferred to judicial organs for investigation of administrative penalties or criminal liability, rewards shall be given according to the provisions of Article 9 of these Measures, depending on the circumstances.
Chapter IV Supervision and Management
Article 11 The Company's Professional Ethics and Discipline Committee and the Company's Finance Department will establish and improve a reporting reward and accountability system to enforce strict financial discipline. Reporting files will be established and compiled and compiled.
Article 12 The company's professional ethics and discipline committee shall protect the legal rights and interests of the whistleblower in accordance with the law, strictly keep the whistleblower's confidentiality, and shall not disclose the whistleblower's relevant information.
Article 13: If a whistleblower fabricates materials, conceals facts, and obtains a reward for reporting, or if the company verifies that the whistleblower does not meet the reward requirements, the company reserves the right to refuse to issue or withdraw the reward. If a whistleblower deliberately fabricates facts to falsely accuse others, or engages in fraud to obtain reward funds, the company and the victim have the right to report the case to judicial authorities.
Article 14 Reporting Channels
Company Ethics and Discipline Committee Email: integrity@lespark.us
Whistleblowers can report anonymously using their personal email address. If you have any questions about this policy, you can also email the company's Professional Ethics Committee.
Chapter VI Supplementary Provisions
Article 15 These Measures shall be interpreted by the company's board of directors, board of supervisors and professional ethics and discipline committee.
Article 16 This Measures shall come into force on October 1, 2024.
Appendix: Glossary
(1) Employment
Employment refers to the act of a company employee taking advantage of his or her position to illegally take company property, trade secrets, intellectual property rights, or internet virtual assets for personal use, in large amounts.
(2) Commercial Bribery
Commercial bribery refers to the act of partners and platform staff (including but not limited to hosts, guilds, halls, suppliers, etc., hereinafter the same) or their employees providing or promising to provide certain benefits to employees of the Company in order to obtain transaction opportunities or other competitive advantages, thereby influencing or attempting to influence the judgment and decisions made by employees of the Company in their duties. Specific implementation of these acts includes but is not limited to the following types:
· Directly offering monetary commercial bribes or kickbacks to the Company's employees or their close associates;
· Directly providing financial benefits to employees of the Company or their close associates, including but not limited to shares, gift cards, precious metals, electronic money, inappropriate gifts, inappropriate charity and donations, unreasonable transactions such as purchasing at significantly high prices or selling at significantly low prices, and benefits derived from cooperative business, etc.;
· During the course of cooperation or business negotiations, the partner provides banquets, social activities, or commercial entertainment venues (including but not limited to commercial karaoke bars, dance halls, karaoke halls, nightclubs, saunas, massage, golf, etc.) to the company's employees or their close associates that are clearly inconsistent with business practices.
· The partner provides convenience or direct financial support for the weddings and funerals of the company's employees or their close associates, work arrangements for family members and friends, overseas travel, vacations and travel, personal training, children's education, home renovation, etc.;
· The Partner directly or indirectly allows the Company’s employees or their close associates to occupy or use its assets and resources (whether paid for or not), including but not limited to vehicles, office equipment, living equipment, personal services, etc.;
· The Partner accepts or allows its employees to accept bribes from the Company's employees, or colludes with the Company's employees to commit commercial bribery of state officials or other relevant parties in order to obtain improper benefits;
· Other acts that constitute commercial bribery.
(3) Behavior involving conflicts of interest
There are conflicts of interest in the collaboration, but the employee or partner fails to declare or proactively avoid them. The specific scenarios are as follows:
· The directors, supervisors, managers, senior management personnel, project leaders and project members of the partner are employees of the Company (including former employees of the Company) or their close associates, but they fail to fully and truthfully inform the Company in writing before the collaboration and actively recuse themselves;
· Employees of the Company (including former employees of the Company) and their close associates hold interests in the partner through investment (excluding holding less than 1‰ of the outstanding shares of a publicly listed company), partnership, or any other means, and the partner has not proactively disclosed such interests to the Company and cooperated with the Company in taking measures to eliminate any potential impact on the cooperation between the two parties;
· violate the relevant clauses on conflict of interest in the cooperation agreement between the two parties and constitute a material breach of contract.
(4) Leaking of secrets
Any act by our employees or partners to obtain information or materials from our platform by improper means (regardless of whether or not such act is intended for illegal or improper gain). Such information or materials include, but are not limited to, technical information, operational information, commercial information, user/customer information, event plans, and other information or materials held by us, which causes serious losses or negative impacts to our company.
The Company's employees or partners disclose to third parties, without the Company's written consent or authorization, materials or information learned during cooperation with the Company, which may cause significant losses or adverse effects to the Company.
(5) Commercial fraud
Employees or partners of the Company fabricate false documents and make false business promises to defraud cooperation opportunities, which may cause the Company to suffer economic or reputational losses.
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