LesPark Platform Entry Agreement
LesPark Platform Entry Agreement
This LesPark Host Entry Agreement (hereinafter referred to as "this Agreement") stipulates the rights and obligations between the operator of LesPark (ORIENT BASIC SCIENCE AND TECHNOLOGY PTE. LTD.) and its affiliated companies (hereinafter referred to as " LesPark " or " LesPark platform") and the host (hereinafter referred to as "you" or "you") regarding the video/voice live streaming technical services provided to you by the LesPark live streaming platform.
Please read this Agreement carefully before conducting a video/voice live streaming to ensure that you fully understand the terms of each clause in this Agreement. Unless you accept all the terms of this Agreement, you have no right to use the services covered by this Agreement.
Your ticking of the "Agree" button or your action of conducting a video/voice live streaming on the LesPark platform will be deemed as your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement.
Contract Qualification Commitment
1. You are at least 18 years old and have full civil capacity. If you do not meet the above conditions, you should immediately terminate your registration or stop using the website.
2. LesPark platform provides you with platform host video/voice live streaming technical services. After you agree to this agreement, you can use the above services to share online video/voice live streaming and interact online with other users.
3. Before signing this agreement, you have become a contracted host of an MCN organization/live streaming guild that is not officially established by the LesPark platform.
To reduce disputes and disputes, the platform strongly recommends that you enter into a formal written agreement with your MCN agency/live broadcast guild, and reduce the use of verbal agreements, chat records, etc. to establish your cooperative relationship with your MCN agency/live broadcast guild.
LesPark platform as a host of an MCN organization/live streaming guild in accordance with this agreement and platform rules, provide online video/voice live streaming services to users of the LesPark live streaming platform, and interact with users. The LesPark platform will conduct a formal review of the content uploaded by you or participated in, edited, and produced by you (including but not limited to pictures, posters, avatars, audio, video, etc.), but you still need to bear the corresponding legal responsibilities for the authenticity, legality, accuracy, timeliness, etc. of the above content.
4. When you apply to join the LesPark platform, you need to fill in and submit some necessary information including your name, ID card information, and submit materials for review by the LesPark platform. If the information you submit is incomplete or does not comply with the laws and regulations or the provisions of the LesPark platform, you may not be able to successfully join or be restricted in the process of using this service. If your personal information or contact information changes, you must update it to the LesPark platform in a timely manner.
I. Terms and Definitions
1. MCN organization/live streaming guild: refers to the organization that establishes cooperation with you and provides you with brokerage agency, artist training, content editing, account operation, live streaming planning and other services. To avoid ambiguity, the MCN organization or live streaming guild referred to in this agreement is not an organization established by the operator of LesPark Platform. The legal relationship and cooperation content between you and the MCN organization/live streaming guild shall be signed by you and the MCN organization/live streaming guild and has nothing to do with the LesPark platform.
2. Online live streaming and performance: referred to as "live streaming", the live streaming referred to in this Agreement is not limited to game live streaming, variety show live streaming, entertainment event live streaming, competition live streaming, video recording and other online performance forms that may appear now or in the future, including personal performances by online hosts, real-time transmission of terminal device screens and recorded content. The online live streaming and performance under this Agreement shall be subject to the functions you actually use.
3. Live Platform Rules: refers to the platform rules and management specifications for account management, live streaming management, host management, revenue sharing settlement, guild management, etc. formulated by the LesPark platform in accordance with policies, laws and regulations and operational management needs, including but not limited to various agreement texts published by the LesPark platform on the official website and in the client (for example , https://www.lespark.us/zh/rule). Such rules and agreements are collectively referred to as "Live Platform Rules" or "Platform Rules" in this Agreement.
4. Props/Gifts: refers to the online virtual props on the live streaming platform, which users of the live streaming platform can purchase and give to the host.
5. Virtual currencies such as idols: refer to the virtual currencies of the live streaming platform that can be withdrawn as cash and obtained by the hosts on the live streaming platform according to the platform rules. The names of such virtual currencies and the withdrawal and exchange ratios actually announced by the platform shall prevail.
6. Host symbols: your online nickname, real name, pen name, former name, host ID, promotional slogan and any symbol that can represent the host.
2. Cooperation Content
1. LesPark platform provides you with live streaming sharing technology and services, provides a large number of platform user resources, maintains and optimizes the live streaming platform, and conducts publicity packaging and commercial promotion for you.
2. Before signing this agreement, you must register an account on a live streaming platform such as LesPark and complete real-name authentication with real and valid identity information.
Only one broadcasting account can be opened with the same identity information (including but not limited to ID card, passport, Hong Kong, Macao and Taiwan Resident Certificate, etc.). LesPark platform has the right to verify whether your real-name authentication information on the LesPark platform is consistent with the identity information signed in this agreement through interviews, recorded call videos, etc. If there is any inconsistency, LesPark platform has the right to refuse to sign this agreement. If LesPark platform finds that your identity information is inconsistent, such as impersonation or borrowing other people's identity information, LesPark platform has the right to terminate cooperation and terminate this agreement at any time.
3. During the period agreed in this Agreement, you shall broadcast live on the live streaming platform, its website, and client software, and shall have the right to obtain legal income in accordance with the agreement.
3. You authorize LesPark platform to establish a binding relationship between you and your MCN organization/live streaming guild through the live streaming system.
4. You know and agree that:
As a member of an MCN organization/live streaming guild, LesPark will establish a commercial partnership with your MCN organization/live streaming guild. LesPark only provides technical services for you. The platform does not manage your labor discipline, such as attendance at work. The two parties do not constitute any labor, service or employment relationship. LesPark does not assume any employer responsibilities, including labor security, social insurance, and housing provident funds. The broadcast duration and other information statistically stated by the platform are only used to calculate your cooperation fees and platform rewards, and do not mean that the platform has imposed labor discipline management on you.
You should be responsible for your own words and deeds and take full responsibility for your own violations of the agreement, platform rules, laws and regulations. Any personal or property damage you suffer or cause during the live streaming, and any disputes between you and third parties on the live streaming platform, have nothing to do with the LesPark platform.
LesPark platform will not interfere with or supervise your behavior outside the scope of cooperation. You should be self-disciplined, abide by laws and regulations, and abide by public order and good customs. You shall bear the corresponding responsibility for any disputes and damages that occur outside the scope of cooperation with LesPark platform. The scope of cooperation referred to in this article refers only to the LesPark platform you signed and settled in and the activities that occurred within the scope of the platform and does not include platforms and occasions where the two parties have not cooperated. For example: When you settle in the LesPark platform to broadcast, the scope of cooperation refers only to the LesPark platform, and any disputes you have with others outside the LesPark platform (such as WeChat, QQ, etc.) have nothing to do with the LesPark platform.
5. LesPark platform or LesPark platform staff will contact you or send relevant notifications through mobile phone text messages, WeChat, email, etc. Such notifications will be deemed to have been delivered on the date when the operator or network system shows that the notification is successfully sent.
3. Term of Cooperation
1. The cooperation period is valid for two years from the date you sign this agreement. During the cooperation period, if you leave your MCN organization/live streaming guild, this agreement will be automatically terminated. For specific rules, please refer to the provisions of the "Suspension and Termination of the Agreement" section of this agreement.
2. The relationship between ordinary user status and the rights and interests of hosts
LesPark platform as an ordinary user before the conclusion of this Agreement, your identity before the conclusion of this Agreement will only be regarded as an ordinary user of LesPark, and you will not enjoy the rights and interests stipulated in this Agreement.
3. When the cooperation period of this Agreement expires, if neither party proposes to terminate the agreement and the cooperation is still being performed, this Agreement shall be deemed to be automatically extended.
Regarding the cooperation between the two parties on the LesPark platform: Before the expiration of the cooperation period, the LesPark platform will remind you of the expiration of the cooperation period through platform notifications, internal messages, platform staff notifications, etc., and you can renew or terminate the contract on the LesPark platform. If you do not operate after receiving the LesPark platform and the cooperation is still being carried out, this agreement will be deemed to be automatically extended.
During the automatic extension period of the agreement, both parties have the right to terminate the contract after giving a written notice of termination 30 natural days in advance. If the contract is terminated due to breach of contract or violation of law by one party, it shall not be subject to the advance notice period of this clause.
4. All hosts are requested to be aware that when the host receives the relevant props/gift sharing, he may have a contractual obligation to provide corresponding webcasts and performing arts activities for paying users and the LesPark platform, and the host should properly perform the corresponding obligations. In order to protect the rights and interests of users and the platform, when the host's relevant obligations are not fully fulfilled, the host's account cannot be canceled. Even if the LesPark platform determines that the host meets the conditions for cancellation, allowing the host to cancel the account does not mean that the host has completed all contractual obligations to the platform or users, and the host still needs to bear corresponding responsibilities for the contractual obligations arising from the use of the account before the account is canceled, including but not limited to continuing to perform and compensating for losses.
4. Cooperation Fees
1. Sources of income
When you conduct live broadcasts and performing arts activities on the LesPark platform, you have the right to receive props/gift shares according to the platform rules (that is, if the user uses gifts in the live broadcast room of the LesPark platform or obtains identity level and specific services based on consumption behavior, the host can receive the share income in accordance with the rules and agreements of the LesPark platform).
2. Income acquisition methods
1. Income obtained directly from the platform
You acknowledge and confirm that the LesPark platform has the right to determine the sharing rules and settlement methods, and part of the commission income you can obtain will be settled to the host commission account. You can request a withdrawal through the pre-set streamer withdrawal function on the LesPark platform.
2. Income obtained from MCN organizations/live broadcast associations, etc
If you cooperate with MCN agencies/live broadcast guilds and other institutions, part of the commission income from your online live broadcasts and performing arts activities will be settled by the LesPark platform to the MCN agency/live broadcast guild in accordance with the platform rules, and then you will obtain part of the income you are entitled to according to the internal contract and sharing rules between you and the MCN agency/live broadcast guild.
3. Description of the host's comprehensive income
The actual income that each host can obtain is the total income generated by the host's live broadcast room, after deducting the comprehensive costs such as taxes and fees that the total income is required to pay in accordance with laws and regulations, the platform share, and the share (if any) that can be obtained by third-party institutions such as MCN agencies/live broadcast associations.
2. The sharing agreement between you and your MCN organization/live broadcast guild
The matters between you and your MCN organization/live broadcast association regarding your income sharing ratio, payment time, conditions for joining and withdrawing from the association, liquidated damages, fines, deposits, tax returns, withholding and payment, etc. are all internal agreements between you and your MCN organization/live broadcast association, and have nothing to do with the LesPark platform.
In order to avoid your losses or disputes, the platform once again recommends that you sign a written agreement with your MCN agency/live broadcast guild to clarify the rights and obligations of both parties. However, if you do not sign a written agreement with your local MCN organization/live broadcast guild, it will not affect your status as an host belonging to the MCN agency/live broadcast guild under this agreement.
4. If you own or actually control multiple LesPark platform accounts (for example, you actually control non-resident host accounts that can withdraw cash from the LesPark platform, etc.), in order to comply with the requirements of national laws and regulations on anti-money laundering, anti-telecom fraud, etc., you should submit true and valid information to the platform, otherwise the LesPark platform has the right to reject any payment request, including payment. You guarantee that the information you provide is correct, true, legal and valid. If any payment error or risk is caused by the wrong information you provide, the LesPark platform will not bear the responsibility for compensation and resolution, and you will bear and resolve it alone.
6. If a dispute arises due to a user who does not have the capacity for civil conduct consuming in the live streaming room, or you defraud/induce a user to consume on the LesPark platform, you shall actively cooperate with the investigation of the LesPark platform and the LesPark platform. At the same time, the LesPark platform has the right to temporarily freeze the amount payable to you and your MCN organization/live streaming guild; when the LesPark platform, administrative agencies, judicial agencies and other units determine that a refund is required to the user, you shall actively cooperate, otherwise the LesPark platform has the right to directly deduct the corresponding fees from the fees not paid to you ; if the frozen fees are not sufficient to pay the refund, you shall compensate the LesPark platform for the corresponding fees within 3 natural days after the LesPark platform advances the refund .
7. Special reminder: The income you obtain from live broadcast activities should be tax declaration and tax payment in accordance with the law. When you obtain income from your MCN organization/live broadcast association, you can authorize your MCN organization/live broadcast association to withhold and pay, and you also have the right to handle tax declaration and tax payment by yourself. However, since your identity belongs to an institution not officially established by LesPark, the LesPark platform only bears the obligation to submit tax-related information on the income you directly obtain from the LesPark platform, and does not assume the obligation to withhold and pay the income you obtain from the source, nor does it assume any responsibility for your tax violations.
8. The LesPark platform will have the right to unilaterally designate its affiliates to participate in this Agreement based on the needs of operation. The income you obtain directly from the LesPark platform (including but not limited to discounted gifts, theme events, or rewards, etc.), the LesPark platform or its designated affiliated companies will perform withholding and payment procedures or make tax declarations to the tax authorities in accordance with relevant national laws and regulations. To this end, the LesPark platform and its designated affiliated companies may provide tax-related information and materials related to the real information, amount of income and other tax-related information and materials that you certified on this platform according to the actual requirements of the tax authorities. You should actively assist and cooperate in accordance with the provisions of laws and regulations and the requirements of the tax authorities. According to the requirements of relevant national laws and regulations, if you need to handle annual personal income tax reconciliation and settlement, please complete the declaration on time and pay the tax or apply for a tax refund. If the LesPark platform and its designated affiliates have processed a tax declaration for you, but the relevant records are not displayed on the "Personal Income Tax App", the actual processing situation shall prevail.
5. Rights and obligations of the LesPark platform
1. During the cooperation period, LesPark platform provides you with Internet technology services related to live streaming.
2. During the cooperation period, LesPark platform will enter into a commercial contract with your MCN organization/live streaming guild and settle the fees including your income. The LesPark platform will deduct the platform cost during settlement, which includes actual cost and opportunity cost. The actual cost includes the cost of LesPark platform's institutional operation, customer support, self-owned channel promotion resources, paid and free external channel promotion resources, and undertaking commercial activities. The opportunity cost is the higher expected benefits that LesPark platform can obtain by paying the time and economic cost of promoting you.
3. According to the requirements of the national regulatory authorities, LesPark platform has the right to supervise your live streaming and require you to adjust the live streaming content as needed. However, the supervision of LesPark platform is only a formal review, which does not mean that LesPark platform will bear joint and several liability for your behavior. If you fail to perform its obligations, or violate the rules of the live streaming platform, or there are illegal or illegal content in the live streaming, LesPark platform has the right to deal with it in accordance with the platform rules, and has the right to take measures such as stopping the live streaming, stopping resource support, recovering channels, terminating the agreement, demanding compensation, and issuing penalty announcements.
4. LesPark platform has the right to synchronize your live streaming and data on the LesPark platform to other live streaming platforms under the LesPark platform's affiliated companies to increase your exposure, which shall be based on your actual broadcast situation.
6. Your Rights and Obligations
1. Your live streaming content shall not contain any names, brands, advertisements, logos or other related information of other platforms that compete with the live streaming platform. You should not introduce, publicize or promote products not authorized by the LesPark platform. You shall not introduce, invite or induce users of live streaming platforms represented by the LesPark platform to accept services of live streaming platforms not represented by the LesPark platform and its affiliates.
2. Without the written consent of LesPark platform, you may not broadcast content beyond the scope specified or approved by LesPark platform.
3. Your live streaming content should comply with the following national laws and regulations and the requirements of the LesPark platform:
（1） It is strictly forbidden to engage in any behavior prohibited by relevant laws and regulations;
（2） It is strictly prohibited to broadcast using an account that is not your own or an account shared by multiple people;
（3） It is prohibited to broadcast unauthorized content (including but not limited to movies, TV series, animation, videos, events, etc.);
（4） It is prohibited to promote illegal, false, fraudulent, or pyramid scheme-like advertisements during live streaming;
（5） It is prohibited to purchase fake live streaming popularity and disrupt the platform content;
（8） It is prohibited to broadcast other content that has been banned by LesPark platform operators;
（7） It is prohibited to slander, abuse or attack other hosts during live streaming, or to use insults or foul language;
（9） Any malicious or inflammatory behavior to defame or smear the official image of LesPark is prohibited;
（10） It is prohibited to have negative live streaming behaviors such as hanging up the live streaming for a long time, perfunctory live streaming, etc. during the live streaming (including but not limited to hanging up the black screen for more than 5 minutes, freezing the same or similar screen for a long time; live streaming non-agreed category content, playing recordings, etc.);
prohibited display content that is prohibited by relevant governmental departments;
（11） It is strictly prohibited to use virtual currency, virtual props and virtual rights in the platform in any direct, indirect or disguised way to engage in any "reverse exchange" and gambling behavior;
（12） It is strictly forbidden to have financial dealings 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 and 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 you violate this article on the LesPark platform, the LesPark platform has the right to notify the platform to warn you, restrict account functions, freeze your account, deduct income and other penalties based on the circumstances, reserve the right to terminate the agreement, and require you to compensate for all losses caused to the LesPark platform. For details of the "LesPark Live streaming Convention", please see the attachment.
4. You agree to provide relevant promotional materials to LesPark, including but not limited to text introductions, photos, pictures, videos, etc. You guarantee that the materials and information provided to LesPark are true, accurate, and complete, and shall not be false or concealed, and shall not infringe on the rights of any third party. If you violate this clause, LesPark has the right to terminate this agreement and pursue your liability for breach of contract.
5. Your personal self-media, including but not limited to Weibo, WeChat public account, Toutiao account, Douyin account and other platform accounts, shall not publish information that is unfavorable to the LesPark platform or the platforms represented by the LesPark platform; your publication of commercial information and content related to the LesPark platform or brand must be reviewed and approved by the LesPark platform.
6. If you have any negative incidents (including but not limited to violations of regulations, laws, crimes, or violations of social morality, public order and good customs) or are subject to criminal administrative penalties, you shall bear the legal consequences and compensation for damages caused to third parties. LesPark platform has the right to terminate this contract and require you to return the cooperation fees you have paid and compensate LesPark platform for the losses suffered.
7. You should respect and maintain the reputation and brand image of the LesPark platform, and shall not make any slanderous, defamatory, or other remarks or actions that are detrimental to the LesPark platform. Otherwise, the LesPark platform has the right not to pay the cooperation fee and require you to compensate for all losses of the LesPark platform.
8. You guarantee that the signing and performance of this Agreement does not violate any prior legal documents that are binding on you , and there are no disputes, lawsuits or penalties that may affect your performance of this Agreement; your performance of this Agreement complies with the requirements of relevant national laws and regulations and does not infringe on the legitimate rights and interests of any third party; you promise that before signing this Agreement, you have read and agreed to the various online agreements and platform rules concluded with the LesPark platform.
9. You promises to abide by the relevant requirements of the Anti-Money Laundering Law and other anti-money laundering laws and regulations, fulfill the obligations of anti-money laundering and anti-terrorist financing, and do not have fraud, money laundering, terrorist financing or any other illegal acts, and do not violate the sanctions of Singapore, China, the United Nations, the United States, the European Union, etc., and shall not collect user fees or collude with others to launder money. If You violates the contract, LesPark Platform has the right to terminate this contract, and You shall bear all the responsibilities and losses arising therefrom.
10. You promises to comply with the relevant requirements of anti-fraud laws and regulations, and shall not provide support or assistance for telecommunication network fraud activities, shall not help others launder money through virtual currencies (including virtual currencies and other virtual currencies in the LesPark platform), shall not induce users to recharge in any form, shall not collect user fees privately, and shall not lease or lend LesPark accounts and account permissions. If You violates the contract, LesPark Platform has the right to terminate this contract, and You shall bear all the responsibilities and losses arising therefrom.
11. You promises to abide by the requirements of anti-gambling laws and regulations, and shall not collude with others to exchange the virtual currency of the LesPark platform into legal tender, shall not induce users to recharge through gamble games, and shall not organize users and hosts on the platform to gamble inside and outside the platform. If You violates the contract, LesPark Platform has the right to terminate this contract, and You shall bear all the responsibilities and losses arising therefrom.
12. You promises to abide by the provisions of the Personal Data Protection Law other regulations, and shall not illegally obtain the user's personal information through the LesPark platform or live streams activities, etc., if You comes into contact with the user's personal information, it shall keep it confidential or destroy it in accordance with the law, and shall not store, use, transmit, lease, lend or resell it without authorization, otherwise it shall bear the corresponding legal responsibility and compensate LesPark Platform for the losses suffered. The personal information of users referred to in this paragraph includes, but is not limited to, various information sufficient to identify natural persons, including name, occupation, position, age, blood type, marital status, religious belief, educational background, professional qualifications, work experience, home address, telephone number (mobile phone number of mobile phone users), ID card number, credit card number, fingerprint, medical history, e-mail, online login account and password, etc.
13. If you serve as the administrator of the live broadcast hall and live broadcast room on the LesPark platform, you promise to carry out compliant and orderly operation 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 broadcast and performance of the host in the hall, improve the quality and popularity of the host's performance, and standardize the guidance, supervision and management of the host's behavior. You shall not engage in any behavior that harms the rights and interests of the host, disrupts the normal order of the LesPark platform, or violates the principles of fair competition or good faith, including but not limited to:
1) Signing contracts with hosts by fraud, coercion, etc., or committing fraud and other illegal acts in the name of signing contracts;
2) Failure to pay cooperation fees to the host on time and in full;
3) Suppressing the development of hosts or continuing to rigidly cooperate with hosts;
4) Maliciously slandering, or fabricating, fabricating, publishing, or disseminating negative information about hosts, others, guilds, or live broadcast halls, or inciting others to take the aforementioned acts;
5) Fraud, coercion, inducement, encouragement, help, or allow cooperative hosts to set up separate accounts or use non-hosts' real-name accounts (or live broadcast rooms) to conduct live broadcasts, performances, or publish video works.
6) Recruiting, organizing, assisting, or allowing minors to bypass live broadcast compliance requirements in any way or provide brokerage services related to live broadcasts and online performances to minors in violation of the rules of the LesPark platform;
7) Fraud, coercion, inducement, encouragement, aid, or allow the host to maliciously violate the agreement, change jobs in breach of contract, damage the cooperative relationship between other guilds, live broadcast halls and hosts, or engage in unfair competition with other guilds;
8) Fraud, coercion, inducement, encouragement, help, or allow cooperative hosts to violate the settlement agreement with the LesPark platform or engage in behaviors that conflict with the content of the LesPark platform;
9) Other behaviors that harm the rights and interests of hosts, disrupt the normal order of the LesPark platform, or violate the principles of fair competition or good faith.
7. Live streaming Account
When you register a live streaming account on LesPark and start broadcasting, LesPark platform, LesPark platform staff and platform parties will not log in, manage, operate or manage your account on your behalf. You should keep your username, login password/password, withdrawal password, account protection questions and other sensitive information. If your account is banned or blocked due to your violation of the platform rules of the LesPark platform, you shall bear the responsibility in accordance with the platform rules of the LesPark platform and the provisions of this Agreement.
8. Intellectual Property Rights and Related Personal Rights
1. The intellectual property rights and neighboring rights of the video content and derivative works generated by your live streaming and performance in Singapore and overseas during the cooperation period belong to you. You hereby grant LesPark platform a global, long-term, free, non-exclusive, multi-level re-licensable right, including the right to modify, copy, translate, compile, disseminate information on the Internet, adapt, and make derivatives, perform and display. The scope of use of the above rights includes use on LesPark platform, LesPark platform social media accounts, LesPark or other websites, applications or smart terminal devices and other products. You agree that LesPark platform has the right to use it or authorize a third party to use it in any publicity, promotion, advertising, marketing and/or research related to the above content or LesPark platform and may also develop all or part of such content in other ways. The above-mentioned rights granted include the right and permission to use, copy and display personal images, portraits, names, trademarks, service marks, brands, names, logos and company marks (if any) that you own or are licensed to use and implanted in the content, as well as any other brand, marketing or promotion assets, materials, materials, etc.
2. During the cooperation period, LesPark platform has the right to use your host symbol, portrait, image and other images or logos directly related to you for commercial purposes or as materials for re-creation and to obtain income without obtaining your separate permission and paying you additional fees. After the cooperation is terminated, LesPark platform can continue to use your host symbol, portrait, image and other images or logos directly related to you for commercial purposes, but you have the right to notify LesPark platform in writing to stop using them.
3. You understand and agree that in order to provide live broadcasts and related services to the host, the LesPark platform has the overall property rights and interests in the data generated by the host carrying out online live broadcasts and performing arts activities on the LesPark platform, and the LesPark platform has the right to collect, process, analyze, process, and share the aforementioned data with the host himself or the host's cooperating guild or partners with the host's separate consent. The data generated by the aforementioned hosts carrying out online live broadcasts and performing arts activities on the LesPark platform include, but are not limited to, the host's account information (host's nickname, ID number, etc.), live broadcast data (live broadcast duration, popularity, number of barrages, etc.), revenue data (live broadcast room turnover, interactive revenue, etc.), and the signing information with the guild (signing time, share ratio, etc.), and the specific data information is subject to the statistics and actual display of the LesPark platform.
9. Confidentiality and Personal Information Protection
LesPark platform involved in cooperation matters and agreements between the two parties. The business secrets of LesPark platform refer to technical, financial, commercial or any other information that belongs to LesPark platform and (or) its affiliated companies and is regarded as a business secret by LesPark platform. This Agreement includes but is not limited to all other relevant documents such as this Agreement, its annexes, supplementary agreements and the relevant contents involved. For example, the amount, calculation method and standard of the props (gifts) income you obtain from LesPark platform; the remuneration you receive and related documents; the ownership and authorization method of rights; the business management strategy and customer list of LesPark platform; the list of hosts of LesPark platform and their contact information; the personnel information and contact information of LesPark platform; the content of the communication between the two parties and other information not known to the public.
2. You must strictly abide by the confidentiality clauses of this Agreement and may not disseminate, disclose (including by implication), or use the commercial secrets of the LesPark platform to any third party in any way without the consent of the LesPark platform. Such confidentiality obligations shall remain valid during the validity period of this Agreement and after its termination. If you violate the above confidentiality obligations, you shall pay three times the average monthly income to the LesPark platform as liquidated damages and compensate for all losses caused to the LesPark platform.
3. The LesPark platform promises to properly keep your personal information, including your real identity information, in accordance with the requirements of the Personal Information Protection Law and other laws and regulations. Unless authorized by you, or through legal procedures, or required by the competent authority, LesPark platform will not transfer, transmit or disclose your personal information to others.
10. Liability for Breach of Contract
1. Any party that violates this Agreement shall make every effort to reduce and eliminate the adverse effects caused by its breach; if it causes losses to the non-breaching party, it shall compensate the non-breaching party for all losses suffered thereby. The losses under this Agreement include but are not limited to the liquidated damages, direct economic losses, and expected profit losses stipulated in this Agreement.
2. If the statements and warranties made by a party under this Agreement are proved to be false, inaccurate or misleading, such statements and warranties shall be deemed as breach of contract and the party shall be liable for compensation for the losses caused thereby to the non-breaching party.
3. Except for the major breach of contract stipulated in this Agreement, if you are terminated by LesPark platform due to your breach of this Agreement, you shall bear all costs spent by LesPark platform for you and compensate for all losses caused to LesPark platform (the losses of LesPark platform referred to in this item include but are not limited to the principal, interest and penalty interest of claims, fines, compensation and judicial judgments suffered by LesPark platform; all direct or indirect losses such as arbitration fees, litigation fees, notarization fees, preservation fees, guarantee fees, attorney fees, appraisal fees, transportation fees, travel expenses, etc. spent by LesPark platform to resolve disputes).
4. The liability for breach of this Agreement that you should bear and the relevant penalties of the platform rules of the LesPark platform may be applied simultaneously and repeatedly.
5. You should not provide any form of improper benefits to the employees and consultants of LesPark platform and its affiliated companies. Otherwise, LesPark platform has the right to terminate this contract immediately, and you shall compensate LesPark platform for liquidated damages of 30% of all the income you have obtained under this contract, or the total amount of improper benefits provided (whichever is higher).
If LesPark or its staff or relatives ask you for a bribe, you have the right to report it to LesPark or its staff, and the reporting email address is integrity@lespark.us. If the clues you report are verified and meet the conditions stipulated in the " LesPark Platform Commercial Corruption Clue Reporting Reward Measures", you have the right to receive the reporting reward provided by LesPark.
6. If LesPark receives any complaint, report or legal document from any third party (natural person, legal person, judicial organ, administrative supervision organ, social organization) against you, LesPark has the right to temporarily withhold your share of the funds to guarantee the losses you may cause to LesPark , depending on the severity of the case . If the share of the funds withheld is not sufficient to compensate for the losses of LesPark, LesPark also has the right to recover and recover the losses separately. The losses of LesPark referred to in this item include but are not limited to the principal, interest and penalty interest of the claims, fines, compensation and judicial judgments suffered by LesPark ; all direct or indirect losses such as arbitration fees, litigation fees, notarization fees, preservation fees, guarantee fees, attorney fees, appraisal fees, transportation fees, travel expenses, etc. spent by LesPark to resolve disputes .
7. If the LesPark Platform faces penalties, claims, disputes or other possible risks due to your violation of this Agreement and the rules of the LesPark Platform, or your disputes with third parties, you shall immediately take appropriate measures to avoid or reduce the losses that the LesPark Platform may suffer and eliminate the impact.
8. If you and your related behavior are exposed by the media, resulting in a negative impact or public relations crisis on the LesPark platform, the LesPark platform has the right to require you to make a relevant written statement, clarify the facts and/or apologize.
9. The LesPark platform has the right to evaluate the live broadcast content and behavior of the host in accordance with the provisions of laws and regulations, the requirements of relevant departments, or complaints, reports or notices from third parties.
1) Public warnings/notifications;
2) Interrupting the live broadcast, deleting published content, or requesting the streamer to adjust the live broadcast content;
3) Reduce or stop marketing, support, promotion, etc.;
4) Reset the host account information (e.g., host nickname, etc.);
5) Keep records of relevant violations of laws and regulations and report them to the competent authorities;
6) Restrict all or part of the LesPark Platform account functions or permissions;
7) Temporarily suspend/freeze the streamer's LesPark platform account until the streamer corrects their behavior;
8) Permanently suspend/freeze/delete the host's LesPark platform account;
9) Reject the streamer's application to re-register an account on the LesPark platform;
10) Temporarily suspend the settlement and payment of the host's income until the host corrects his behavior;
11) Require the host to pay liquidated damages;
12) Require the host to compensate the LesPark platform for all losses (including but not limited to the loss of operation of the LesPark platform, loss of reputation, administrative penalties or compensation made to third parties, and reasonable rights protection costs such as notary fees, appraisal fees, lawyer fees, litigation costs, etc.);
13) Deduct the compensation or liquidated damages that the host should pay to the LesPark platform from the host's share of the revenue;
14) Unilateral termination of this Agreement.
11. Force Majeure
1. Force majeure refers to circumstances that are unforeseeable, unavoidable, and insurmountable by both parties, which directly or sufficiently lead to one you being unable to fulfil the contract. Force majeure includes government actions (including policies, laws and regulations, prohibitions of state organs, etc.), natural disasters or catastrophes, wars, coups, hacker attacks, server failures, etc., but does not include non-major injuries and illnesses, LAN network failures, etc.
2. If this Agreement is terminated due to force majeure, neither party shall bear any liability for breach of contract. However, the LesPark Platformffected by force majeure shall notify the other party of the specific circumstances and progress of the force majeure within 3 days after the force majeure occurs and take positive and effective measures to minimize the losses caused to the other party due to the failure or delay in performance of the agreement. After the force majeure event or its impact is terminated or eliminated, each party shall immediately resume the performance of its respective obligations under this contract.
12. Suspension and Termination of the Agreement
1. This Agreement may be terminated by mutual agreement of all parties.
2. During the term of the agreement, if you apply for early termination of the agreement due to personal reasons, LesPark platform has the right to terminate the contract with you in accordance with the termination policy separately announced by the platform; if the termination policy announced by LesPark platform includes liquidated damages, you agree to pay the liquidated damages amount announced by the platform.
3. During the Agreement Period, if you are unable to perform the obligations under this Agreement due to force majeure, you may apply to LesPark Platform in writing to terminate the contract. After LesPark Platform agrees in writing, this Agreement will be suspended. After the above suspension factors are eliminated, the validity period of this Agreement will be automatically extended by the corresponding period; if the suspension time exceeds two months, LesPark Platform has the right to terminate this Agreement.
4. If the cooperation between you and your MCN organization/live streaming guild breaks down (including but not limited to your leaving the MCN organization/live streaming guild, the MCN organization/live streaming guild terminating operations, etc.), you have the right to apply to release your binding relationship with the MCN organization/live streaming guild on the LesPark platform. However, you should provide relevant supporting materials when applying, and agree that the LesPark platform will return to the MCN organization/live streaming guild to verify the situation. The LesPark platform will release your binding relationship with the MCN organization/live streaming guild after verification.
13. Service and Notification
1. The LesPark Platform may deliver to you the rules, reminders and other information related to the Service by means of web announcements, webpage/pop-up prompts, emails, mobile phone text messages, site messages, etc., and once such information is published or sent by the LesPark Platform in any of the above ways, it will be deemed to have been delivered and will be binding on you. If you do not accept it, please stop using the Service and/or related functions. If you continue to use it, you will be deemed to have accepted and agreed to it. If you do not actually receive the relevant information due to the error of the email address, mobile phone number, correspondence address and other information you provided, you agree that you have received the relevant information and are bound by it.
2. If one party changes the address and method of delivery, it shall notify the other party in the following ways: website announcement, LesPark platform personal account information center notification, and express delivery. The first two notification methods are limited to LesPark platform notification. Before the change notice is delivered to the other party, if the other party delivers it to one LesPark Platform according to the original contact method, it shall be deemed to have been delivered.
3. Whether during the cooperation period or within 2 years after the formal end of this cooperation, if one party changes its bank account or contact information, it shall promptly notify the other party of the new information; otherwise, the party making the change shall be responsible for all consequences resulting therefrom.
14. Dispute Resolution Clauses
1. The establishment, 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 contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved 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 in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of one arbitrator.
The language of the arbitration shall be English.
3. If any provision of this Agreement is determined to be invalid or invalid under applicable current law, all other provisions of this Agreement will continue in effect. In such event, the Parties shall replace such provision with a valid provision which shall be as close as possible to the original provision and the corresponding spirit and purpose of this Agreement.
4. Except as expressly provided by law, subsequent legislation or changes in law shall not have retroactive effect on this Agreement. The parties may amend or supplement this Agreement by consensus in accordance with subsequent legislation or changes in law but shall be in writing.
5. Both parties unanimously agree that if either youreaches 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 to have breached the contract.
6. If you have a dispute with your MCN organization/live streaming guild:
1. Since your legal relationship and identity belong to the MCN organization/live streaming guild, LesPark platform is only your business partner, not the contractual youetween you and your MCN organization/live streaming guild. Therefore, LesPark platform can intervene in mediation according to you or the MCN organization/live streaming guild but does not guarantee the effect of mediation and dispute resolution.
2. If the dispute between you and your MCN organization/live streaming guild cannot be resolved through negotiation or mediation on the LesPark platform, LesPark hereby recommends that you exercise your rights rationally and resolve the dispute through formal legal channels such as arbitration and litigation through the dispute resolution method agreed upon in the contract between you and the MCN organization/live streaming guild.
3. You agree that if the dispute between you and the MCN organization/live streaming guild affects the interests of the LesPark platform or damages the interests of the users of the LesPark platform, the LesPark platform has the right to ask you to compensate for the losses.
15. Others
1. If this agreement is signed offline, this agreement shall take effect after being signed/sealed by both parties. This Agreement shall be made in triplicate, and the LesPark platform shall hold two copies, and you shall hold one copy, which shall have the same legal effect. The two parties may sign a supplementary agreement for unfinished matters.
If this Agreement is concluded by electronic signing/checking, the Agreement shall be established and effective from the date you check and use the services provided by LesPark.
2. The Annex to this Agreement is an important part of the Agreement and has the same legal effect as the main body of the Agreement. The item numbers and titles in this Agreement are for reference only and have no effect in interpreting this Contract.
3. This Agreement is determined after friendly negotiations between the two parties. You confirm that you are clear and understand all the contents of this Agreement and there are no misunderstandings. Before the signing of this Agreement, the LesPark platform has clearly informed and explained to you the meaning and legal consequences of each clause of this Agreement, and there is no dispute among the parties regarding the understanding of the terms of this Agreement.
5. Relationship between the Live Streaming Guild/Hall and this Agreement
During the cooperation with LesPark platform, you have the right to join or exit the live streaming room on the LesPark platform. LesPark platform may make official regulations on the conditions for joining or exiting the live streaming room (the specific conditions shall be subject to the separate announcement of the platform), and you shall comply with them.
You also have the right to negotiate with the live streaming room on your own about the unofficial conditions for joining or leaving (the conditions must not violate the platform rules and must not conflict with the official policies published by the platform). To protect your rights, LesPark platform hereby recommends that you negotiate the cooperation conditions in writing. If you negotiate with the live streaming room about the unofficial conditions for joining or leaving, and a dispute arises as a result, LesPark platform will not bear joint and several liability for the economic or legal liability for the dispute arising from the unofficial conditions, but you can apply for LesPark platform to intervene in mediation. However, if the mediation on the LesPark platform is unsuccessful multiple times, LesPark has the right to close the mediation process.
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Annex 1:
Business Ethics Commitment
To LesPark Platform:
While we guarantee to strictly abide by business ethics and codes of conduct, we deeply realize that coexistence and progress are the common wishes of both parties. On the basis of equality and integrity, in order to safeguard the interests of both parties and 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, there are equal opportunities and fair and reasonable efforts to establish a long-term cooperative relationship. We abide by the following commitments:
1. Confidentiality Guarantee: As a host on your platform, we operate on your platform. When providing services to you, anything we know or come into contact with related operating methods, prices, finances, operations, technologies, information, etc. are regarded as business secrets, and we have an obligation to keep them confidential.
a. Without your written permission, we and our employees or authorized personnel who must know such information guarantee not to disclose such information to any third LesPark Platformnd not to 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 or relatives of you or your affiliated units, or other related personnel, or related work cooperation units with vested interests (hereinafter collectively referred to as " related personnel and units").
b. Do not invite relevant personnel and unit employees to a banquet, 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 and units.
g. Do not take any other actions 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 the contract or decide to terminate the cooperation relationship at any time and confiscate our performance bond. In addition, we are willing to pay SGD15,000 as liquidated damages, which will be deducted directly from the unpaid salary settlement or other payables; and we will bear all losses caused to you.
4. If we discover that your personnel have engaged in unethical conduct during the performance of the contract, we will take timely measures to actively and effectively stop the continuous occurrence of their unethical conduct and promptly inform the responsible leaders for your unit.
5. We are fully aware that this letter of commitment is one of the necessary documents for you and me to establish cooperation or to consider including us in the scope of partners. We must sign and submit this letter of commitment when we have preliminary intention discussions with you; however, the signing of this letter of commitment before the two parties have signed a separate contract or agreement does not constitute your intention to 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 2:
LesPark Live streaming Convention
1. Purpose of these rules
In order to ensure the basic order of LesPark platform, and to provide a healthy and harmonious platform for LesPark users, these rules are hereby formulated. All LesPark live streamers must comply with the following rules, otherwise different penalties will be imposed depending on the severity of the offense.
II. Definition and Punishment Measures for Live Streaming Violations
Category A Serious Violations
Serious violations refer to acts that involve violence, blood, pornography, politics, danger, and other live streaming situations, which seriously endanger social and public safety, and disrupt the order of the LesPark live streaming platform.
Violations of the following provisions during Live Streaming will constitute a serious violation, including but not limited to:
1. It is strictly forbidden to make anti-LesPark Platformnd anti-government remarks, or to make acts that insult and slander the LesPark Platformnd the country, such as:
1) Opposing the basic principles set forth in the Constitution;
2) Endangering national security, divulging state secrets, subverting state power, or undermining national unity;
3) Harming the honor and interests of the state;
4) Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity;
5) Undermining national religious policies, advocating cults and feudal superstitions;
6) Spreading rumors, disrupting social order, and undermining social stability;
7) Disseminating obscenity, pornography, gambling, violence, murder, terror or instigating crimes;
8) Insulting or slandering others, infringing on the legitimate rights and interests of others;
9) Contains other content prohibited by laws and administrative regulations.
2. It is strictly forbidden to disseminate obscene, pornographic, and low-grade content in any form, including but not limited to:
1) It is strictly forbidden to display or implicitly display sensitive parts of the body with sexual characteristics in various ways;
2) Performances or behaviors in the form of mutual sexual provocation are strictly prohibited. For example, touching sensitive parts of each other, performing actions that can give people sexual fantasies, performing in any form of touching in bed, etc.
3) It is strictly forbidden to disseminate pictures, remarks, songs, videos, sounds and other content with sexual acts, sexual provocative or sexual insults;
4) It is strictly forbidden to disseminate information that violates the privacy of others.
3. It is strictly forbidden to carry out other types of performances related to politics, pornography, illegality, infringement, or threats to life and health. For example:
1) It is strictly forbidden to display firearms, control knives and perform high-risk performances. Such as shaking controlled knives, guns, high-fidelity guns, performing highly dangerous programs, etc.
2) It is strictly forbidden to perform programs that endanger the personal safety of others. such as threatening others with knives, etc.
3) It is strictly forbidden to perform programs that endanger one's own safety, such as suicide and self-harm;
4) It is strictly forbidden to disseminate drugs. For example, displaying drug samples, performing, and disseminating drug use or injection methods, explaining the drug production process, etc.
5) It is strictly forbidden to publicize pyramid marketing organizations, coax users to join pyramid marketing organizations, or organize pyramid schemes themselves;
6) It is strictly forbidden to promote gambling information in any way, and it is strictly forbidden to carry out any gambling or disguised gambling behavior.
4. It is strictly forbidden to "fan circle" chaotic behavior. For example:
1) It is strictly forbidden to induce minors to support fundraising, make high-value spending, or vote on the list.
2) It is strictly forbidden for fans to tear each other apart and insult each other, trample and lead wars, spread rumors and attacks, doxing, and invasion of privacy.
3) It is strictly forbidden to encourage fans to compare and show off their wealth, indulge in extravagant pleasures, and other behaviors.
4) It is strictly forbidden to call on fans, hire online trolls, and brush volume control reviews in the form of "raising accounts".
5) It is strictly forbidden to interfere with public opinion and influence the order of communication through methods such as "rubbing hot spots" or creating topics.
6) It is strictly forbidden to induce others to transfer money and give gifts under the guise of falling in love.
7) It is strictly forbidden for hosts to receive transfers offline and ask users to purchase physical gifts.
Once a category A general violation is discovered, measures will be taken to suspend the live streams room for a certain period of time, or even permanently, depending on the severity of the circumstances and social impact. At the same time, the company will keep regulatory records and report to the relevant management departments.
Category B General Violations
General violations refer to violations that violate the following management regulations and have a relatively minor impact that disrupts social public order and the order of the LesPark Live Platform, in addition to serious violations.
Violation of the following provisions during Live Streaming will constitute a general violation, including but not limited to:
1. Provisions for live streams content:
1) Male users are strictly prohibited from live streaming;
2) It is strictly forbidden to open a room with vulgar and provocative titles;
3) It is strictly forbidden to organize live streams content for the purpose of harassment or teasing;
4) It is strictly forbidden to disseminate vulgar and pornographic pictures, voices, texts, games, and video information, causing vulgar interactions in the venue;
5) It is strictly forbidden to perform sexually suggestive behaviors, such as: deliberately focusing the camera on sexually sensitive parts, making people sexually fantasizing, and using sexual products as performance props;
6) It is strictly forbidden to disseminate infringing information, such as copyright-free film and television, other video websites, live streams platforms, TV station pictures and events, etc.
7) Publishing false information and fraudulent content is strictly prohibited.
8) It is strictly forbidden for minors to appear on camera, and it is strictly forbidden for minors to give tips;
9) It is strictly forbidden for hosts to induce, incentive, and reward behaviors;
10) It is strictly forbidden to use sick or disabled people or widows to sell miserably or fabricate falsehoods and hunt for strange plots to carry out disguised fraud;
11) It is strictly forbidden to carry out malicious marketing with "patriotic concepts" or the need to set up people;
12) It is strictly forbidden to use disasters, accident scenes, hot events, hot people, hot topics, etc. to spread rumors or malicious marketing;
13) It is strictly forbidden to publish speeches and behaviors related to politics, military, reaction, or separatism that are harmful to national security and unity;
14) It is strictly forbidden to publish content that shows off wealth on the Internet;
15) It is strictly forbidden to illegally raise funds in the fan circle;
2. Live streams dress and makeup regulations:
1) It is strictly forbidden to deliberately expose sensitive parts such as cleavage and buttocks;
2) It is strictly forbidden to wear erotic underwear, revealing clothing, see-through clothing, flesh-colored tights, underwear, etc.;
3) Other revealing clothing with obvious sexual innuendo is strictly prohibited;
4) Vulgar, indecent, or unsettling makeup is strictly prohibited.
3. Provisions for live streams speech:
1) It is strictly forbidden to deliberately imitate all kinds of sexually provocative voices;
2) It is strictly forbidden to deliberately publish vulgar and pornographic remarks to guide vulgar interactions in the venue;
3) It is strictly forbidden to continue to use foul language, abuse and attack others, or spread others' privacy;
4) It is strictly forbidden to promote other audio and video platforms in any form such as text, voice, and pictures.
Once a category B general violation is discovered, measures such as serious warnings, unsuccessful warnings, and unsuccessful warnings will be taken to suspend the live streams room for a certain period of time, or even permanently suspend the live streams room, depending on the severity of the circumstances and social impact. At the same time, the company will keep regulatory records and report to the relevant management departments.
Category C minor violations
Minor violations refer to violations that disrupt the order of the LesPark Live Platform with a relatively minor impact, except for serious violations and general violations.
Violation of the following provisions during Live Streaming will constitute a minor violation, including but not limited to:
1) It is strictly forbidden to wear the uniforms of authorities and military work uniforms for live streaming. Including police uniforms, military uniforms, industrial and commercial uniforms, procuratorate uniforms, court uniforms, urban control uniforms, road administration uniforms, etc.
2) The use of uncivilized language is strictly prohibited.
3) It is strictly forbidden to openly smoke and drink alcohol in front of the live camera
4) It is strictly forbidden to show a large area of tattoos
5) It is strictly forbidden to publish and disseminate harassing, false, transactional content or advertising content without the consent of LesPark Live in any form (such as comments, live streams room titles, covers, avatars, etc.).
6) It is strictly forbidden to publish and spread rumors in any form.
7) It is strictly forbidden to post information about borrowing money from others, asking for passwords, or other property related information.
8) It is strictly forbidden to purchase false popularity or obtain gifts or items through illegal means.
9) It is strictly forbidden to broadcast content unrelated to the theme of the live streams for a long time, hang up or broadcast content that is not your own host for a long time.
Minor violations of Category C will be warned in the public comment section if discovered. If the warning fails, the live streams will be interrupted, and the live streams will be suspended for a certain period of time depending on the situation, and the company will keep regulatory records and report to the relevant management departments.
Annex III:
LesPark Platform Commercial Corruption Clue 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 streaming guilds, cooperative units, suppliers, platform staff and other entities (hereinafter collectively referred to as whistleblowers, who shall be natural persons) of the LesPark platform report commercial corruption by platform staff that they have discovered or obtained clues about, and corresponding rewards shall be given after the company verifies the facts or the case is accepted by the judicial authorities. This regulation applies.
The reporting object (reported person) referred to in this regulation refers to the staff, employees, agents and other personnel of the LesPark platform (hereinafter referred to as "the staff of this platform"). The hosts, live streaming guilds/hall, suppliers, users and this platform have a commercial contract relationship, 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 any behavior involving embezzlement, commercial bribery, transfer of benefits, extortion, and collection of kickbacks, etc., for details, please refer to the provisions of Article 3 and its appendix.
Article 3 If you report the following commercial corruption behaviors of our platform staff, our company will give the reporter corresponding rewards after the company verifies the facts or the case is accepted by the judicial authorities:
(1) occupational embezzlement;
(2) Commercial bribery;
(3) Behavior involving conflict of interest;
(4) Leaking of state secrets;
(5) Commercial fraud (reporting rewards are not applicable to other fraudulent activities);
(VI) Other illegal acts suspected of commercial corruption that have been transferred to judicial authorities for criminal prosecution (individual illegal and criminal acts of the platform staff are not eligible for reporting rewards).
For the specific meaning of commercial corruption in Items (1) to (7) of the preceding paragraph, please see the explanation in the Appendix “Explanation of Terms” at the end of these Measures.
Article 4 The whistleblower may report the commercial corruption of the staff of this platform to the Company through the Internet, telephone, fax, mailing address, window and other channels announced by the Company for receiving complaints and reports.
Article 5: Whistleblowers can report in real name or anonymously. Real name reporting requires the provision of real identity proof and valid contact information. Anonymous whistleblowers who have a claim for reward for reporting must promise that they do not fall under the circumstances specified in Article 13, provide information that can identify their identity as an identity code, and agree with the company's professional ethics and discipline committee on the reporting password, reporting results, and the method of informing the reward rights.
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 targets of reports and specific illegal facts or clues to illegal crimes, and key evidence is provided;
(2) The content of the report is not known to the Company in advance;
(III) The Company has verified the contents of the report and adopted corresponding measures in accordance with the Company's regulations, or the report has been transferred to the judicial authorities and accepted by the judicial authorities in accordance with the law.
Article 7 The implementation of whistleblower rewards shall follow the following principles:
(1) If two or more informants report the same case 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 the same case;
(III) If a whistleblower reports the same matter, no duplicate reward will be given; if the same case is reported by two or more whistleblowers, the total amount of the reward shall not exceed the highest standard of the corresponding reward level stipulated in Article 9 of these Measures;
(IV) If the facts verified by the Company are totally 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 disciplinary and regulatory facts verified by the Company will not be calculated in the reward amount for the other disciplinary and regulatory facts.
Chapter III Reward Standards
Article 8 The reward for reporting is divided into three levels:
(I) First-level reporting reward. The criteria for this level are to provide detailed facts and direct evidence of the commercial corruption of the youeing reported, 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 behavior (the amount involved is more than SGD 5,000) or suspected of a crime;
(ii) Level 2 Reporting Reward: This level is determined by providing facts and direct evidence of the commercial corruption of the youeing reported, the content of the report is completely consistent with the facts of the commercial corruption, and the amount involved is more than SGD 1,000;
(III) Level 3 Reporting Reward: The recognition standard for this level is to provide the basic facts of commercial corruption and related evidence of the youeing reported, and the content of the report is basically consistent with the facts of commercial corruption (with no limit on the amount involved).
Article 9 The Company calculates the reward amount according to the following standards and comprehensively considers the degree of harm caused by commercial corruption to the Company, users and suppliers to determine the final reward amount:
(I) A reward of no less than SGD 15,000 will be given to those who are classified as Level 1 informants. The Company will appropriately increase the reward standard stipulated in this item after comprehensively considering the degree of harm caused by commercial corruption to the Company, users, and suppliers.
(ii) For a Level 2 whistleblower reward, a reward of no more than SGD 10,000 will be given;
(III) For third-level reporting rewards, a reward of no more than SGD 5,000 will be given.
If commercial corruption is reported by internal personnel of the entity that commits the act, the Company will also increase the reward standard stipulated in the preceding paragraph as appropriate.
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 according to different circumstances.
Chapter IV Supervision and Management
Article 11 The company's professional ethics and discipline committee and the company's financial department will establish and improve a whistleblower reward responsibility system, enforce strict financial discipline, set up whistleblower files, and do a good job of summarizing and compiling statistics.
Article 12 The company's professional ethics and discipline committee shall protect the legal rights and interests of whistleblowers in accordance with the law, strictly keep the whistleblower's confidentiality, and shall not disclose the whistleblower's relevant information.
Article 13 If the whistleblower falsifies materials, conceals facts, obtains whistleblower rewards, or the company verifies that the whistleblower does not meet the reward conditions, the company has the right to refuse to issue or withdraw the reward bonus. If the whistleblower deliberately fabricates facts to falsely accuse others, or commits fraud to defraud reward funds, the company and the victim have the right to report the case to the judicial authorities.
Article 14 Reporting Channels
Company Ethics and Discipline Committee Email: integrity@lespark.us
The whistleblower can report anonymously using his/her personal email address. If you have any questions about this system, you can also email the company's professional ethics committee.
Chapter VI Supplementary Provisions
Article 15 This regulation shall be interpreted by the company's board of directors, supervisory board 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 the company's property, trade secrets, intellectual property, or Internet virtual assets for personal use in large amounts.
(II) 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 the company's employees in order to seek transaction opportunities or other competitive advantages, thereby influencing or attempting to influence the judgment and decision made by the company's employees in their positions. Specific implementation behaviors include but are not limited to the following types:
· Directly offering monetary commercial bribes or kickbacks to the company's employees or their close associates;
· to the company's employees or their close associates, including but not limited to shares, shopping cards, precious metals, electronic currency, improper gifts, improper charity and donations, unreasonable transactions such as obviously high-priced purchases or low-priced sales, and benefits derived from cooperative business, etc.;
· During the cooperation or business negotiation process, the partner provides banquets, social activities, and commercial entertainment consumption (including but not limited to commercial singing halls, dance halls, karaoke halls, nightclubs, saunas, massage, golf, etc.) to the company's employees or their closely related persons that are obviously inconsistent with business practices.
· The partner provides convenient or direct financial support for the weddings and funerals of the company's employees or their close associates, work arrangements for their families and friends, overseas travel, vacations, personal training, children's education, home decoration, etc.;
· The Partner directly or indirectly allows the Company’s employees or their close associates to occupy or use its assets and resources (whether they paid for it 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 jointly commit commercial bribery of state officials or other relevant parties in order to obtain improper benefits;
· Other acts that constitute commercial bribery.
(III) Behavior involving conflict of interest
There is conflict of interest scenarios in the cooperation, but the employees or partners have not declared or actively avoided them. The specific scenarios are as follows:
· The directors, supervisors, managers, senior managers, 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 did not inform the Company truthfully and comprehensively in writing before the cooperation and actively recuse themselves;
· Employees of the Company (including former employees of the Company) and persons closely associated with them have interests in the partner through investment (except holding less than 1‰ of the circulating shares of a publicly listed company), partnership or any other means, and the partner has not proactively reported to the Company and cooperated with the Company in taking measures to eliminate the possible impact on the cooperation between the two parties;
· Other acts that violate the relevant clauses on conflict of interest in the cooperation agreement between the two parties and constitute a material breach of contract.
(IV) Leakage of confidential information
Any behavior by our employees or partners to obtain information and data from our platform by improper means (regardless of whether it is for illegal or improper gain). The above data and information include but are not limited to technical information, business information, commercial data, user/customer information, activity plans, and other data and information enjoyed by us, which causes serious losses or serious negative impacts to our company.
The Company's employees or partners, without the Company's written consent or authorization, arbitrarily disclose to a third party the data and information learned in the course of cooperation with the Company, which causes significant losses or adverse effects to the Company.
(V) Commercial fraud
The Company's employees or partners create false documents and make false business promises to defraud cooperation opportunities, which may cause the Company to suffer economic or reputational losses.
(No text below)
I have read the full text of the agreement and its annexes, understood the content and legal consequences of the above legal documents, and voluntarily checked and agreed to be bound by the agreement.
