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Huawei Brand License Agreement

Chapter 1 General Provisions

Article 1 This document (the “Agreement”) is for supporting the development of Huawei's consumer business, setting out the use parameters of HW Branding and ensuring compliance by Partners in the process of cooperation, and to reduce the risk of unauthorizated use, and to avoid negative impacts, form a closed-loop management and protection of HW Branding , as well as enhance Huawei brand image.

Article 2 This Agreement is applicable to the use of HW Branding in various business scenarios by Partner of Huawei Device Co., Ltd., its subsidiaries and affiliates (collectively referred to as "Huawei") that involve Huawei's consumer business worldwide, including any scenario where the related contracts specifically refer to this Agreement.

Article 3 HW Branding refers to the "Huawei" brand and its business brand, as well as other intellectual property rights and brand assets related to the “Huawei” brand, including but not limited to trademarks, trade names, goods and service names, domain names, copyrights, portrait rights, and promotional slogans owned, used, applied for or registered by Huawei.

Article 4 Partners (hereinafter referred to as "Partner") to whom this Agreement applies, include customers, suppliers, channel providers, ecosystem partners, developers, industry organizations, and media entities (other than Huawei employees) who have or will establish cooperative relations (whether direct or indirect, with or without a formal contract) with Huawei.

Article 5 Unless stipulated by law or otherwise agreed by other agreements between Partner and Huawei, Huawei owns the civil rights and interests over HW Branding. Unless otherwise agreed in the cooperation agreement between the two parties, partner has no rights to use HW Branding unless obtained in accordance with the related contracts or Huawei's explicit authorization. All the value added to HW Branding and other related interests arising from the use of HW Branding by Partner, including but not limited to goodwill, shall belong to Huawei.

Article 6 The scope of this Agreement includes all scenarios where HW Branding is used online and offline, including but not limited to brand marketing materials, products and their packaging, official websites, sales pages, posters, exhibitions, training and presentation, launch conferences, stores, and online social media.

Article 7 During the use of HW Branding, based on the specific business scenarios and the specific brand equity that needs to be used in the business, each Partner shall strictly abide by the behavior rules specified in Chapters 2, 3, 4, and 5 of this Agreement, as well as comply with the authorization granted by Huawei and the requirements on the use of brand equity agreed in the contracts between the parties.

Article 8 Basic Principles

1. Prior authorization as a precondition: The use of HW Branding is prohibited unless authorized in advance by Huawei through contracts, authorization letters, or other legally binding texts.

2. Boundary control as a necessity: HW Branding shall only be used insofar as necessary to meet Partner’s obligations in its the cooperation with Huawei. The use of HW Branding shall strictly follow the specific brand rights and interests requirements within the cooperation scopes. Any of the use of HW Branding beyond the foregoing purposes shall not be allowed.

3. Value enhancement as a goal: The use of HW Branding should be in line with the needs of Huawei's business strategy and brand image, and should achieve the goal of enhancing Huawei’s brand influence and reputation, and protect HW Branding and interests thereof. The use of HW Branding shall not degrade, vilify, or weaken Huawei’s brand image or reputation, and shall not contain any other illegal or harmful content.

4. Full compliance as a requirement: The use of HW Branding shall fully comply with the provisions of Civil Code, Trademark Law, Anti-Unfair Competition Law, Copyright Law, Advertising Law, Consumer Rights and Interests Protection Law, and any other relevant laws and guidelines of the People's Republic of China including the corresponding legal requirements in other countries and regions involved in the business scenarios.

5. Supervision and accountability as a safeguard: Huawei formulates this Agreement and other related documents to specify rights, obligations, responsibilities as well as corresponding monitoring and execution mechanisms for the use of brand equity. Without prejudice to any other rights or remedies that Huawei may have, if Partner violates this Agreement or commits other acts that damage HW Branding, Huawei shall be entitled to pursue enforcement against the Partner in accordance with this Agreement, the cooperation agreement between the parties, and the relevant laws and guidelines.

Article 9 Application and Registration Principle for Intellectual Property Rights: Without prior written authorization from Huawei and confirmation from Huawei Intellectual Property Department, any Partner shall not apply for, or register any HW Branding.

Article 10 Trademark Use Principle: All trademark uses shall strictly comply with the written authorization or prior approval by Huawei. Any use beyond the authorized scope shall not be allowed. Without permission, Huawei trademarks shall not be highlighted, modified or changed in any form, and their required positions and use forms shall not be changed either. Partner shall properly archive and back up use evidence of Huawei trademarks according to related requirements.

Article 11 Copyright Use Principle: All the commercial copyright uses shall be prohibited unless authorized by Huawei in advance. The copyright or copyright-related rights enjoyed by Huawei shall not be used without permission.

Article 12 Personality Elements Use Principle: During the use of HW Branding, attention shall be paid to protecting the rights of portrait, rights of name and other personality rights owned by any Huawei employees and personnel related to Huawei employees. Without approval by Huawei, any use of content containing the portraits/images or names of Huawei employees (especially Huawei executives), spokesperson for Huawei products and personnel related to Huawei employees in external commercial activities is not allowed.

Article 13 Advertisement Release Principle: Partner shall ensure that all the content published by it is authentic and legitimate, and no false or misleading content is allowed. Decision and use of promotion keywords shall be prior approved, and any conflict with HW Branding or third-party rights shall be avoided. Any description regarding its relationship with Huawei shall be strictly standardized, and its cooperative relationship with Huawei shall not made up or exaggerated.

Article 14 Good Faith Principle: When using HW Branding and cooperating with Huawei, Partner shall abide by the principles of voluntary equality and good faith , and shall not violate any laws and business ethics, and refrain from engaging in unfair competition activities such as confusion, false publicity, and business slander. For matters unspecified in this Regulation, Partner shall follow the principle of good faith, respect public order and good practices, and conduct business activities in good faith without damaging the legitimate rights and interests of Huawei and other entities.

Chapter 2 Trademark and Brand Agreements

Section 1 Overview of Trademark Classification

Article 15 "Huawei Consumer Business Brand Trademark" in this Agreement, or "CBG Brand Trademark" for short, refer to all trademarks used, applied for, or registered by Huawei. CBG Brand Trademark is used to identify the source of goods or services, which include word, design, letter, numeral, three-dimensional symbol, combination of colors, and sound, as well as a combination of the above. They are classified into goods trademarks, service trademarks, collective trademarks, and certification trademarks. The CBG Brand Trademark is a part of HW Branding. CBG Brand Trademark mainly include the following two types:

1. "Huawei" Brand Trademark includes Huawei's Chinese name 华为, Huawei's English name HUAWEI, Huawei's word logo, and Huawei's horizontal/vertical logo.

2. Eco-Brand Trademark refers to the technology trademark used by ecosystem partners for ecological development, include HarmonyOS, HarmonyOS Connect, Powered by HarmonyOS, AppGallery, HUAWEI Health, Design for HUAWEI, Huawei River Map (华为河图), Huawei Smart Choice Eco-products (华为智选生态产品) and brand trademark of cloud services such as Huawei Pay (华为钱包) and Huawei Music (华为音乐). Huawei may add, delete, or modify the afore-mentioned Eco-Brand Trademark at any time based on business conditions. Without Huawei’s authorization, such ecosystem Partner shall not use the aforementioned “Huawei” Brand Trademark, nor shall they abbreviate or label any Eco-Brand Trademark as “Huawei” Brand Trademark.

Article 16 "Use of trademark"/ "trademark use" as mentioned in this Agreement refers to the use of trademark on goods, goods packages, containers, service places, and transaction documents, or the use of trademark in business scenarios described in Article 6 of this Agreement and other business activities in order to identify the source of goods or services.

Article 17 The following sections mainly develop rules on the use of Huawei's Consumer Business Brand Trademark (CBG Brand Trademark). The rules on the "Huawei" brand shall be implemented with reference to the rules on the CBG Brand Trademark, unless otherwise specified by laws and guidelines.

Section 2 Principles for Trademark Licensing

Article 18 When using the CBG Brand Trademark on goods and services based on actual business needs, Partner shall sign license contracts, cooperation agreements or other written documents with Huawei, stipulating, inter alia, the licensor, the licensee, the license fee (if any), the scope of the licensed territory, the licensed period, the licensed trademark and licensed goods or services thereof, the marketing channels, the scope of the sales platforms (if any) and other related matters.

Article 19 Unless otherwise agreed in writing, Partner’s license type for the CBG Brand Trademark shall be general license of use, which means that in addition to the license granted to Partner on the use of the licensed trademark during the period, territory and in the manner as agreed, the trademark registrant may also use the trademark itself and license others to use such trademark as well, the specific usage restrictions are subject to this Agreement, the Master Agreement (if any), or Huawei's logo usage specifications. Without Huawei's prior written authorization, Partner shall not sublicense the CBG Brand Trademark to any third party in any form or reason.

Section 3 Agreements on the Use of Trademark

Article 20 Partner shall only use CBG Brand Trademark strictly in compliance with the authorized use scope. Partner who has only obtained the license for Eco-Brand Trademarks shall not use the “Huawei” Brand Trademark or the word "Huawei" for marketing promotion.

Article 21 When using the CBG Brand Trademark as authorized, Partner shall comply with the Agreements in the VI Management Manual of Huawei's trademarks (hereinafter referred to as the "Huawei VI Specifications"), and follow the logo style, font, size, position and color requirements specified by Huawei. No change is allowed without Huawei's prior written permission.

Article 22 Partner shall not remove, cover, or alter any CBG Brand Trademark, logos, numbers, ownership statements, copyright notices, labels, or other identifiable marks on Huawei Products, or attach or use any third-party trademark or logo on Huawei Products. Nor shall Partner make any modifications or alterations to the packaging or products bearing the CBG Brand Trademark in any way. Partner shall not take any action to challenge the exclusive right of the "CBG Brand Trademark" owned by Huawei, including but not limited to filing trademark opposition, invalidation, cancellation and other administrative or judicial procedures, or assist or abet a third party to do the aforementioned actions.

Article 23 Partner shall not use the Eco-Brand Trademark in non-ecological business scenarios, nor use the CBG Brand Trademark beyond the authorized scope, including but not limited to:

1. Do not use the CBG Brand Trademark on products or services that are not related to Huawei;

2. Unless otherwise agreed in writing by both parties, do not use the CBG Brand Trademark beyond the authorized scenarios, such as in/on Partner's office space, shop signs, product manuals, letters and emails, product packaging, and work clothes;

3. Without Huawei’s consent, do not use the CBG Brand Trademark (1) as search keywords; (2) for set up a competitive ranking; (3) as parts of any domain name or URL;

4. Do not conduct any discussion, negotiation, or cooperation (including but not limited to house leasing and personnel recruitment) in the name of Huawei or its affiliates.

All forms of use that are not explicitly approved by Huawei in writing shall require Huawei’s approval of separate written application.

Article 24 When Partner develops marketing materials bearing the CBG Brand Trademark, the corresponding printed patterns shall be entirely consistent with those required by Huawei VI Specifications. Waste and defective marks shall be destroyed in a centralized manner and shall not be put into market circulation.

Article 25 Partner shall not use any other trademark that is likely to cause confusion with the CBG Brand Trademark, and shall not use the CBG Brand Trademark or any other confusing words similar to the CBG Brand Trademark as its company name, trade name, goods and service name (or part thereof), the name of the store or part thereof offline or online, as well as the name and the profile image of the social media account.

Article 26 Partner shall not promote the CBG Brand Trademark as well-known trademarks during propaganda and promotion.

Article 27 When Partner uses the CBG Brand Trademark on its goods or services under the Huawei's permission, Huawei has the right to require that the words "xx trademark is authorized by Huawei" be indicated on such goods, service places, or related advertisement carriers and contracts. In addition, the names of Partner and the commodity manufacturer shall be marked on the goods.

Article 28 Under no circumstances shall Partner solely use or prominently use the CBG Brand Trademark on its goods or services as a mark to distinguish the source of its goods or services, or in any way that may mislead the relevant public of the independence of Huawei, Partner and related product manufacturers. For instance, Partner shall not solely use the “Huawei” Brand Trademark or the word "Huawei" in the name of its store or products.

Article 29 In the case of joint brand marketing, when Partner highlights the use of CBG Brand Trademark in goods or services according to Huawei's authorization, it shall use the marks according to its type of cooperation with Huawei and accurately state the cooperation relationship between them. If the CBG Brand Trademark is to be used jointly with the other trademark owned by Partner or other third parties, in addition to obtaining the written authorization from Huawei, it shall ensure that the trademark used jointly shall be presented in a clear, significant but separate way, so as to avoid the public mistaking such jointly used trademark for a Huawei trademark or raising any other misrecognition. Meanwhile, the size of the CBG Brand Trademark shall not exceed the trademark owned by Partner or other third parties, unless otherwise agreed by both parties.

Article 30 When using the Eco-Brand Trademark combined with Partner's logo, Partner's logo shall be displayed in the leading position of the publicity picture, while the proportion and position of the Eco-Brand Trademark shall be lower than that of Partner logo. The specific use rules shall be implemented with reference to the Huawei VI Specifications.

Article 31 If the CBG Brand Trademark is used for promotional purpose through media advertisements, signage advertisements, publicity materials, naming or likewise channels, Partner shall submit the relevant advertisement and promotion materials to Huawei for approval in writing, otherwise the CBG Brand Trademark is not allowed to be used by Partner. The approved advertising and promotion patterns shall be strictly followed. Partner shall not make any modification to the patterns of the licensed trademarks specified by Huawei. Partner shall submit the copies of advertising agreements and advertising patterns to Huawei for record.

Article 32 If Huawei determines that CBG Brand Trademark or any description of Partner’s products and services used in Partner's advertising and marketing exceeds the authorized scope or contains misleading content, Partner shall immediately remove such content upon receiving a written notice from Huawei.

Article 33 Under no circumstances shall Partner apply for the registration of following commercial marks in any country or region without Huawei's consent, including that Partner shall not apply for registration in China or any other country or region of, including but not limited to (1) the CBG Brand Trademark; (2) any trademark, trade name or company name, social media account, domain name, graphic, design, symbol or word order that contains, in whole or in part, the CBG Brand Trademark; or (3) a trademark, trade name or company name, social media account, domain name, graphic, design, symbol or word order which is similar to, or potentially confusing to the CBG Brand Trademark or the ongoing trademark application owned by other third-party licensor. Huawei has the discretion to decide whether such trademark application of Partner constitutes a similar trademark or not.

Article 34 If Partner has applied for registration of the aforementioned CBG’s trademarks and any other trademarks that may cause confusion, Partner shall, without delay and at its own expense, apply for assigning the trademarks to Huawei, withdraw the trademark application, or cancel the trademark registration, or apply for other procedures that have the effect of transferring or extinguishing trademark rights. Huawei has the right to choose such procedures.

Article 35 Partner shall not use the CBG Brand Trademark combined with any logo prohibited by the Trademark Law.

Article 36 If Partner needs to entrust a third party to produce packaging, labels, manuals or other likewise materials with the CBG Brand Trademark, it shall comply with the provisions of this Agreement and Huawei VI Specifications, and submit the materials to Huawei for record.

Article 37 During the process of producing goods or providing services, Partner shall ensure the quality of goods and services and comply with the standards and specifications for the quality and public image of products and services determined by Huawei in writing (including the usage requirements listed in the Huawei VI Specifications) ("Quality Standards"). Partner shall effectively manage or control the use of CBG Brand Trademark, ensure that the products/services using CBG Brand Trademark meet Quality Standards, comply with the provisions of national laws, guidelines and national and industrial standards, and do not damage the rights and commercial reputation of CBG Brand Trademark. Partner agrees to be bound by the aforementioned Quality Standards as well as Huawei's policies and rules published on the use of the CBG Brand Trademark from time to time, and shall not use the CBG Brand Trademark on products/services that do not comply with the Quality Standards or relevant government standards, , and guidelines.

Article 38 Huawei has the right to supervise the quality of the goods/services of Partner using the CBG Brand Trademark, so as to ensure that it meets the Quality Standards and relevant government standards, guidelines. If Huawei considers that Partner fails to meet and maintain the Quality Standards and relevant national or industrial standards, guidelines, Huawei may suspend the right granted to Partner to use the CBG Brand Trademark after giving a reasonable notice until Partner proves that the Quality Standards and relevant national and industrial standards, and guidelines can be met and maintained.

Article 39 Upon Huawei's written notice to Partner [five working days] in advance, Partner shall provide any materials, supplies, samples, or information related to the quality of the products/services that use the CBG Brand Trademark.

Article 40 If Partner violates the Quality Standards and relevant national and industrial standards, and guidelines more than one time or Partner fails to meet and maintain the Quality Standards and relevant government standards, and guidelines within a reasonable period of time, Huawei is entitled to unilaterally terminate Partnership and trademark license with such Partner.

Article 41 Partner and any of its affiliated entities shall not question, deny, or initiate any administrative or civil dispute proceedings at any time against Huawei's rights to the CBG Brand Trademark and the validity or enforceability of the same in its own name, or entrust or assist any third party to do so.

Article 42 In any of the following circumstances, Partner shall immediately notify Huawei and provide detailed explanation in writing, and shall not take any further action without Huawei's written consent:

1. The trademarks, names, logos, designs, patterns or symbols used by third parties may constitute the infringement or counterfeiting of CBG Brand Trademark;

2. A third party attempts to register, copy, imitate, illegally use or improperly use the CBG Brand Trademark;

3. A third party asserts that the use of the CBG Brand Trademark infringes its rights;

4. Other situations where a third party may cause damage to the CBG Brand Trademark.

Article 43 Huawei has the right to take any action it deems appropriate in the circumstances listed in Article 43, including filing or responding to lawsuits. After Huawei notifies Partner in writing, Partner shall fully cooperate with Huawei in any lawsuit, claim, or proceeding filed or may be filed with respect to the CBG Brand Trademark, including but not limited to providing information or documents related to the use or registration of the CBG Brand Trademark by third parties, and providing evidence, data, and documents related to the trademark use of Partner, or participating in the lawsuit as a party.

Article 44 Huawei is solely entitled to any compensation recovered or obtained from third parties in connection with trademark infringements or claims, but may properly compensate Partner for its expenses incurred by the aforementioned actions.

Article 45 Upon Huawei's express written authorization, Partner has the right to take appropriate measures at its own expense, including oral or written communication with the infringing party, and legal actions such as filing administrative complaints and civil lawsuits, etc.. The Parties shall specify the allocation of third-party indemnities.

Article 46 When using the CBG Brand Trademark, Partner shall not infringe on Huawei's rights. Partner shall not, on its own or assist a third party, denigrate the reputation of Huawei and the CBG Brand Trademark, damage the distinctiveness of the CBG Brand Trademark, or take any action that conflicts with Huawei's legal rights and interests.

Article 47 In case of any liabilities, damages, costs, claims, losses and expenses directly or indirectly suffered by Huawei as a result of Partner's violation of this Agreement, Partner shall make full compensation to Huawei and hold Huawei free from damages .

Article 48 If Partner violates this Agreement and causes other third parties to accuse or claim rights accordingly, Partner shall bear all liability on its own.

Article 49 Upon termination of the cooperation with Huawei, Partner shall immediately stop using the Huawei brand and CBG Brand Trademark in any form, and shall return the original trademark authorization letter and destroy or return all materials bearing the authorized trademark to Huawei in accordance with Huawei's instructions, such materials include but not limited to related products, publicity and display materials, props and otherwise.

Article 50 When the downstream of Partner (means its related parties, channel partners, distributors, etc.) has the right to use the CBG Brand Trademark according to the related agreement, Partner shall also ensure that its downstream complies with this Agreement, and Partner shall be responsible for all the damages caused to Huawei by its downstream due totheir violation of this Agreement.

Section 4 Trademark License Management and Evidence Preservation

Article 51 If it is necessary for Partner to apply for recordation of trademark license with the China National Intellectual Property Administration, it shall submit a written application to Huawei. After approval, Huawei shall be responsible for filing recordation application of trademark license. Related recordation costs shall be borne by Partner.

Article 52 Partner shall submit evidence of the use of the CBG Brand Trademark in time as required by Huawei for management and archiving. Partner shall periodically archive evidence of the use and popularity of the CBG Brand Trademark according to Huawei's notice, including but not limited to the distribution contracts, tax invoices, commodity packaging, advertising, trademark license contracts, promotional materials and actual products, exhibition attendance records, and certificates of honor and awards related to CBG Brand Trademark or products thereof.

Chapter 3 Copyright Agreements

Section 1 General Provisions

Article 53 The Agreements in this Chapter are formulated to further strengthen the Agreement for the management and use of Huawei copyrights, to encourage the creation and dissemination of works, to protect the copyright and copyright-related legitimate rights and interests of Huawei and its authors, and to improve the economic benefits and value of Huawei copyrights.

Article 54 "Copyright" as mentioned in this Chapter refers to the rights enjoyed by the right holder over his design drawings of products, descriptions, symbols, slogans, pictures, texts, audio and video materials and all other intellectual achievements in the fields of literature, art, science and technology.

Article 55 "Works” in this Chapter shall include works of literature, art, natural science, social science, engineering technology and the like made that are protected by the current Copyright Law of the People's Republic of China in the following forms: (1) written works; (2) oral works; (3) musical, dramatic, quyi, choreographic and acrobatic art works; (4) works of fine art and architecture; (5) photographic works; (6) cinematographic works and works created in a way similar to cinematography; (7) drawings of engineering designs and product designs, maps, sketches and other graphic works as well as model works; (8) computer software; (9) other works as provided in laws and administrative Agreements. Considering Huawei's business scenarios, the works that need to be authorized include but are not limited to the product posters, videos, product sales pages, product promotion documents, background music, store designs and other advertisements publicly released by Huawei.

Section 2 Ownership and Registration of Copyright

Article 56 When Partner cooperates with Huawei or accepts Huawei's entrustment to develop, design, and research related works, the two parties shall sign a written agreement to specify the copyright ownership and specific scope of rights of use of the related works. Without Huawei's authorization, any Partner shall not use the copyrighted works owned by Huawei.

Article 57 In principle, the copyright of Huawei works shall be registered in the name of Huawei. Without Huawei's authorization, Partner shall not apply for the copyright registration of any work that contains Huawei's company name, trademark, product name, or that is identical with or similar to Huawei's company name, trademark, product name, or its work. If so, the related Partner shall take all necessary actions (including but not limited to going through relevant formalities with the copyright registration administration agency and signing relevant documents) to transfer such copyright of the work to Huawei.

Article 58 If Partner needs to register the copyright of Huawei works based on the actual business operation, it shall submit an application with Huawei. For the copyright content related to the main business of Huawei brand, Huawei shall have the right to evaluate the value of the copyright and determine under its discretion whether to approve such copyright registration application.

Section 3 Use of the Works and the Administration and Protection of Copyright

Article 59 Without Huawei's authorization, Partner shall not use or permit others to use Huawei works for any business activities, or transfer the copyright of Huawei works to other parties.

Article 60 In the actual business process, Partner shall strictly follow the scope of Huawei's authorization and license, standardize the use of Huawei copyrighted content such as Huawei product designs and descriptions, Huawei works, slogans, pictures, texts, audio and video materials and other copyright contents of Huawei's corporate image visual identity system, and strengthen the copyright protection and management of Huawei brand content published on WeChat, Weibo, websites and other relevant public media platforms, social platforms and e-commerce platforms, which shall be subject to the supervision of Huawei accordingly. Without the prior authorization of Huawei, Partner shall not publish the content of Huawei works on any platform or channel, nor to use any social media account related to Huawei's brand equity for distribution of any unauthorized third-party copyrighted content.

Article 61 Partner shall not, without approval, use Huawei works together with the other third party’s company name, trademark, product name, and works in any confusing way such as splicing, embedding, combination, or superimposition, nor may it provide convenience or assistance for other third parties to perform the foregoing actions, and mislead the public that other third parties have specific connections with Huawei.

Article 62 If Partner discovers that any third party infringes on the copyright of Huawei works or claims copyright infringement against Huawei, it shall inform Huawei in a timely manner, fully assist and cooperate with Huawei in monitoring infringement leads and collecting evidence, and take all possible measures including but not limited to warnings, settlements, complaints, and civil lawsuits so as to protect the rights and interests of Huawei works.

Chapter 4 Domain Name Agreements

Section 1 General Provisions

Article 63 "Domain name" as mentioned in this Chapter refers to a hierarchical character identifier for identifying and locating a computer on the Internet, which is corresponding to the computer's Internet Protocol (IP) address.

Article 64 If a domain name is used by a Huawei partner, Partner is responsible for using and maintaining the domain name.

Section 2 Domain Name Application

Article 65 In principle, Huawei-branded domain names should be registered in the name of Huawei. Without Huawei's authorization, no Partner shall apply for a Huawei-branded domain name that contains Huawei's company name, trademark, product name, or registered domain name in its own name, or that is the identical with or similar to Huawei's company name, trademark, product name, or registered domain name. If so, the related Partner shall take all necessary action (including but not limited to going through relevant formalities with the domain name registry and signing relevant documents) to transfer such registered domain name to Huawei.

Article 66 If Partner needs to register a Huawei-branded domain name based on the actual business operation, it shall file an application with Huawei. For the core domain names related to the main business of Huawei brand, Huawei shall have the right to evaluate the value of the domain names and determine under its discretion whether to approve such domain name registration applications.

Article 67 The Huawei-branded domain names to be applied for shall meet the following requirements:

1. Generally, the domain name shall be the official English abbreviations, Chinese pinyin abbreviations, or commonly used Chinese and English names related to the Huawei brand;

2. It shall not contain the company name or trademark name that has been registered in China by others;

3. It shall not include any name that is harmful to the country, society or public interests;

4. Other conditions that Huawei deems necessary.

Section 3 Use and Maintenance of Domain Name

Article 68 Without Huawei's authorization, any Partner shall not use or permit others to use Huawei-branded domain names for any business activities or transfer the Huawei-branded domain names to other parties.

Article 69 In actual business operations, the authorized Partner shall standardize and strengthen the use and management of Huawei-branded domain names, pay attention to the validity period of domain names, and remind and assist Huawei in renewing domain name.

Article 70 If any of Huawei’s brand equity, CBG Brand Trademark, company name, or product name is found to be registered as a domain name by others or has other domain name disputes or potential disputes with third parties during actual business operations, Partner shall inform Huawei in a timely manner, fully assist and cooperate with Huawei in monitoring infringement leads and collecting evidence, and take all possible measures including but not limited to warnings, settlements, domain name disputes, and civil lawsuits so as to protect the rights and interests of Huawei brand.

Chapter 5 Other Related Regulations

Section 1 Protection of Product Quality and Consumer Rights and Interests

Article 71 The goods sold or services provided by Partner which incorporate HW Branding shall meet the requirements for personal and property safety and environmental protection. Partner shall not sell or provide goods or services that are prohibited by laws and administrative Agreements.

Article 72 Partner shall ensure that products containing HW Branding provided by Partner shall not pose unreasonable risks to personal and property safety, and such products shall comply with the national and industrial standards for protecting human health and personal and property safety if any. True explanations and clear warnings shall be given by Partner to consumers, and the correct methods of using the goods or receiving services and the methods of preventing the occurrence of harm shall be explained and marked.

Article 73 Partner shall ensure that products that contain HW Branding provided by Partner shall be authentic and have product quality inspection certificates.

Article 74 When providing technologies/products/services that include HW Branding, Partner shall provide consumers with the price, origin, producer, purpose, performance, specifications, grade, main ingredients, production date, validity period, inspection certificate, instruction manual, and after-sales service and other related information.

Article 75 When providing technologies/products/services that include HW Branding, Partner shall respect consumers' right to choose goods or services independently, abide by social ethics, operate in good faith, and protect consumers' legitimate rights and interests. Partner shall ensure that unfair and unreasonable trading conditions shall not be set, and no compulsory trading shall be allowed.

Article 76 When providing technologies/products/services that include HW Branding, Partner shall provide consumers with truthful and comprehensive information about the quality, performance, usage, and validity period of the goods or services and other related information, and shall not make false or misleading publicity.

Article 77 Where Partner uses HW Branding in all development phases (i.e. prior to commercial production of any product containing the Huawei brand), it shall submit all design concepts and all preliminary and final proposed patterns to Huawei for review as soon as possible. If Partner fails to comply with the above Agreements, Huawei may prohibit Partner from using any rights of HW Branding by giving notice to Partner. In addition, Huawei may require Partner to stop selling any products with such HW Branding and withdraw such products from the market at Partner's own expense.

Article 78 If Partner who uses HW Branding suffers from unstable product quality, poor service quality, bad business reputation or other likewise situations, and fails to meet the rectification requirements after being ordered by Huawei to make corrections within a time limit, Huawei has the right to prohibit Partner from continuing to use HW Branding.

Article 79 If Partner who uses HW Branding is unable to pay due debts, or involved in litigation due to various reasons such as mismanagement, which seriously damages the value of HW Branding or is likely to cause a significant negative impact on HW Branding, Huawei has the right to prohibit Partner from continuing to use HW Branding.

Article 80 Partner shall not be involved in violation of national laws, guidelines or business ethics, as well as other significant negative news, including but not limited to the improper acts and improper statements of Partner and its senior management.

Article 81 Complaints, liabilities, or penalties against Partner who uses HW Branding are irrelevant to Huawei. If the brand reputation of Huawei is damaged accordingly, Partner shall fully compensate Huawei for the losses incurred and make public clarifications on the public platforms as required by Huawei to eliminate the adverse effects, so as to protect the reputation and goodwill of Huawei and Brand Agreement .

Article 82 Partner who uses HW Branding shall promptly notify Huawei of any actions that may infringe on HW Branding and have or will have a negative impact on Huawei brand image.

Article 83 In case of consumer complaints, Partner shall actively assist Huawei in investigation and evidence collection.

Section 2 Advertising

Article 84 All product containers, packaging materials, display materials, product catalogues, publicity materials (including but not limited to advertising drafts, press releases, TV advertising materials, network promotion materials, etc.) as well as online and offline advertising contents containing HW Branding shall comply with the provisions of the Advertising Law and relevant laws and guidelines, and the following information or content shall not be included:

1. Political propaganda and/or press information in violation of the national Agreements;

2. Information involving national secrets and/or security;

3. Information involving feudal superstition and/or obscene, obscenity, pornography, vulgarity or abetting crime;

4. Information that violates national ethnic and religious policies;

5. Information that hinders or undermines the operation security of the Internet;

6. Information that infringes upon the legitimate rights and interests of others and/or other information that is detrimental to social order, public order and public morality;

7. Information contrary to the good social practice;

8. Content that degrades or weakens the brand image or reputation of Huawei.

Article 85 Partner shall ensure that the advertisements using the HW Branding shall not involve politically sensitive, pornographic, violent, illegal trading platforms, and prohibited situations in Article 86. In case of any violation, Partner shall remove relevant materials within three working days after receiving the notification from Huawei.

Section 3 Electronic Commerce

Article 86 When promoting, using HW Branding or selling products or services that include HW Branding on the e-commerce platform, Partner shall comply with the E-Commerce Law and relevant laws and guidelines, and ensure that the rules issued by the e-commerce platforms in China and overseas on which the products or services are placed are well understood in advance and followed.

Article 87 When selling or promoting products or services with HW Branding on the e-commerce platform, Partner shall continuously publicize business license information and administrative license information related to its business operations in prominent position on the homepage of the e-commerce platform, and shall not falsely publicize its relationship with Huawei or make misleading publicity about a specific relationship with Huawei, including but not limited to:

1. Set "Huawei" as the search keyword or product name.

2. Use Huawei-related words or logos in store names and headshots without Huawei's authorization.

3. Highlight and enlarge of the CBG Brand Trademark.

4. Misuse, abuse, or improperly use the CBG Brand Trademark;

5. Make false statements that lead to the mistaken belief that Partner is a subsidiary or branch of Huawei.

6. Make false statements that lead to the mistaken belief that there is a controlling or affiliated relationship between the parties;

7. Make false statements that lead to the mistake that Huawei undertakes quality assurance, quality certification or after-sale services for the related products sold or services provided;

8. Falsely claim to be the Huawei's representative, agent, general distributor, or exclusive distributor.

Article 88 Partner who use HW Branding shall fully, truthfully, accurately, and promptly disclose information about products or services that carry HW Branding on the e-commerce platform to protect consumers' right to know and choose. It is prohibited to conduct fictitious transactions, fabricating or tampering user comments and other false or misleading means of commercial publicity to deceive or mislead consumers.

Article 89 Partner shall not apply for or create social media accounts related to HW Branding on the network without prior written authorization from Huawei, including but not limited to the accounts on Sina Weibo, Meipai, MiaoPai, TikTok, Kwai, WeChat official account, Toutiao, Youku, WeSee, Taobao Live, Facebook, Instagram, Twitter, B Station (bilibili) and other media and live broadcasting platforms as well as other existing or possible future software, websites, apps, mini-programs with the same, similar or similar functions. Partner shall also not use HW Branding beyond its authorized scope in any social media account names, headshots, photo albums, introductions and other related contents.

Article 90 Without Huawei's prior written authorization, Partner shall not open any Internet store or offline physical store in the name of Huawei, and shall not include the CBG Brand Trademark in the name or sign of such Internet store or offline physical store. It is also prohibited to use any intellectual property rights and interests of Huawei in any of the foregoing store introductions, promotions, product links, and descriptions.

Article 91 The sales promotional information of products and services containing the HW Branding published by Partner shall not infringe upon the intellectual property rights of others, and shall not copy, upload, release, modify, or disseminate the materials and information that are entitled to the intellectual property rights of others in any way without the prior written consent of the right holder. If Huawei brand image is damaged due to Partner’s infringement of the legal rights of a third party, Partner shall bear the responsibilities and compensate Huawei for all the losses incurred.

Section 4 Civil Code and Other Related Regulations

Article 92 No derogation from this Agreement shall be valid unless set out in a contract or authorization document signed by Partner and Huawei in written form, that is, contracts, letters, telegrams, e-mails, faxes, etc., which shall be able to show the contents in tangible form and can be accessed at any time.

Article 93 Without Huawei's written permission, the Partner shall not disclose all or any part of this Agreement in any way, express or implied, or through any media or publicity channel, including but not limited to official websites, newspapers, promotional materials, radio, television, magazines, and personal social media. This clause shall survive the termination or expiration of this Agreement.

Chapter 6 Supervision, Implementation and Responsibility

Section 1 Supervision and Implementation

Article 94 Adherence to the Agreement is the prerequisite for the cooperation between Huawei and Partners involving the use of HW Branding, and is an integral part of clauses. The cooperation with Huawei is premised on recognizing and respecting all legal rights and interests of Huawei in relation to HW Branding. This Agreement will be recognized as an integral part of the cooperation contract between Huawei and Partner in an appropriate manner.

Article 95 For matters involving the use of HW Branding that are not specified in the cooperation contract, Partner acknowledges and agrees to comply with this Regulation.

Article 96 Huawei monitors and discovers the violations of the use of HW Branding in various ways including on-site and online, and follows up on clues of such infringement and violation. Huawei encourages Partners to promptly report to Huawei any illegal use and infringement of HW Branding rights they are aware.

Article 97 The following rectification requirements shall be met for non-standard use or use beyond authorization stipulated described in this Agreement:

1. If an eco-brand product uses the “Huawei” Brand Trademark or description thereof beyond the authorized level, the inappropriate content shall be removed within five calendar days for online scenarios and within 10 calendar days for offline scenarios from the date of Huawei's notification.

2. If significant negative public opinions such as public misunderstandings and complaints are caused, the inappropriate content shall be removed within three days from the date of Huawei's notification, and public clarification shall be made as required by Huawei.

3. For other non-standard use activities, Partner shall rectify or remove improper materials within 7 calendar days for online scenarios and within 15 calendar days for offline scenarios.

4. If the rectification cannot be completed on time under special circumstances, the rectification period can be extended appropriately upon mutual agreement with Huawei.

Article 98 If Partner registers or applies for Huawei related trademarks, copyrights, domain names and so on without authorization, it shall, in accordance with the foregoing provisions, assign the right to Huawei within one month from the date of Huawei's notification.

Section 2 Liabilities

Article 99 Violations shall be defined as any breach of or failure to conform to the requirements of this Agreement .

Article 100 Violations are classified into four levels: minor, moderate, severe, and most-severe. The corresponding responsibilities include the following types:

1) Cessation of Infringement: Stop acts of infringing upon HW Branding;

2) Compensation for losses: Indemnify Huawei for losses caused by improper conduct;

3) Payment of liquidated damages: A certain amount of liquidated damages shall be paid in accordance with the related terms of cooperation agreement;

4) Apologies: Make public or internal apologies and clarifications to reduce negative impacts in a timely manner;

5) Termination Agreement: Termination of the cooperation agreement.

The above means of liabilities can be applied independently or in combination.

Article 101 Partner understands and accepts that Huawei reserves the right to explain the determination of violations as "minor", "moderate", "severe", and "most-severe", and Huawei's findings based on facts and decisions are the final conclusion. Partner also understands and recognizes that HW Branding protection department has the right to adjust the criteria for identifying violations from time to time.

Article 102 Minor violations refer to the nonstandard use of authorized HW Branding by Partner for the first time. For minor violations, relevant business departments have the right to order Partner to immediately cease the violations and record the violations as a reference for future cooperation and benefit allocation.

Article 103 Moderate violations include the following circumstances: (1) Nonstandard use of authorized HW Branding for more than two times (that is, minor violations for more than two times); (2) The use of HW Branding in violation of Agreements for the first time, causing adverse effects on HW Branding, such as misleading consumers and other relevant public to believe that the products or services are produced, developed, or sold by Huawei; (3) Or the violation for the first time, but the rectification is not completed within the time specified in this Agreement. For moderate violations, HW Branding protection department has the right to order Partner to immediately cease the violations and impose a fine of less than 3% of the total cooperation contract amount. If there is no contract amount, a fine of less than RMB100,000 shall be imposed, or cancel the cooperation agreement and take related ecological products off the e-commerce shelves. In addition, the violation records shall be recorded as reference factors for future cooperation and benefit distribution.

Article 104 Severe violations include the following circumstances: (1) Moderate violations for more than two times; (2) Use beyond the authorized scope; (3) Without Huawei's written consent, assigning authorization of HW Branding to a third party or sublicensing a third party to use HW Branding; (4) Incurring external compliance and transaction risks for Huawei. For severe violations, Huawei may impose a fine of less than 10% of the cooperation contract amount or a fixed amount of less than RMB500,000, and degrade the cooperation level of Partner or restrict or narrow its authorized scope of HW Branding. In addition, Partner may be held legally liable, including but not limited to taking administrative, criminal or civil measures.

Article 105 Most-severe violations include the following circumstances: (1) Use of HW Branding without permission or beyond the authorized scope, causing high economic losses or adverse social impact to Huawei, damaging Huawei brand reputation; (2) Unlawful use of HW Branding to produce and sell products, or provide services, or conduct publicity and promotion activities that do not comply with national guidelines, regardless of whether economic losses or brand damage are caused; (3) Unlawful use of HW Branding, which is investigated and determined by national administrative and judicial authorities as illegal; (4) Incurring other major external compliance transaction risks for Huawei. For Most-severe violations, HW Branding protection department can impose a fine of less than 20% of the cooperation contract amount or a fixed amount of less than RMB 1 million (priority is given to the higher amount), and directly terminate the cooperative relationship with Partner or cancel its license to use the brand equity, and put Partner on the blacklist, refusing to cooperate for a period of time or permanently.

Article 106 In addition to the fixed fine amount, Huawei reserves the right to claim damages caused to it due to Partner’s improper use and to demand indemnity from Partner.

Article 107 If the fine prescribed in this Agreement is insufficient to correct the violation or remedy the losses suffered by Huawei, or if Partner refuses to comply with the fine prescribed, Huawei is entitled to initiate legal proceedings to seek public power relief from the administrative and judicial authorities and hold Partner accountable for all legal liabilities.

Article 108 If Partner proactively takes corrective and remedial measures for the violations after Huawei initiates the legal proceedings, Huawei has the right to decide whether to accept such corrective and remedial measures. Whether Partner proactively takes corrective and remedial measures and the effect of such measures shall be determined by Huawei under its discretion. If Partner fails to comply with this Agreement and cooperate with Huawei's requirements before Huawei initiates legal proceedings, Huawei may consider this matter in its subsequent cooperation with Partner.

Chapter 7 Supplementary Provisions

Article 109 This Agreement shall come into effect as of 15th, March , 2021.

Article 110 The interpretation of this Agreement is subject to the related cooperation contract with Partner and the laws and guidelines of the People's Republic of China. Where this Agreement is applicable to countries or regions outside the People's Republic of China, in case of any conflict between this Agreement and mandatory provisions of local laws and/or cooperation contract, the local laws and/or cooperation contract shall prevail; while in case of any conflict between this Agreement and non-mandatory provisions of local laws and guidelines, the Agreement shall prevail. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect the legality, validity or enforceability in that jurisdiction of any other provision of the Agreement, nor the legality, validity or enforceability in other jurisdictions of that or any other provision of the Agreement.

Article 111 The legal dispute settlement and other matters arising from the breach of this Agreement, including but not limited to the place of dispute settlement, applicable laws and jurisdiction, shall be subject to the related cooperation contract between the two parties.

Article 112 Violations or infringements that occur before the implementation of this Agreement shall be subject to the agreements in the contracts and authorization documents between Huawei and Partners, as well as the Huawei's previously released and effective Agreements on brand equity, such as Huawei VI Specifications. For matters not mentioned in the aforesaid documents but stipulated in this Agreement, the provisions of this Agreement shall be complied with.

Article 113 This Agreement, as a supplementary agreement to the cooperation agreement between the two parties, has legal effect on both parties, subject to the order of validity agreed in the Master Agreement.

Appendix: Core CBG Brand Trademark

Trademark Types
HUAWEI
HarmonyOS
HMS Core
Hardware
ecosystem
HarmonyOS Connect
华为智选
DESIGN FOR HUAWEI
(DFH for short)
Powered by HarmonyOS
(鸿蒙生态手机)
Application ecosystem
易小艺(小艺小艺)
Celia
HAG (China)
HAG (outside China)
HUAWEI HiCar
AppGallery (outside China)
华为应用市场 (China)
HUAWEI Health (outside China)
HUAWEI Health (China)
Cloud service product (such as HUAWEI PAY, 华为音乐、华为视频、华为游戏中心、华为天际通)

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