Legal Agreements Information
Legal Agreements I: Partner`s Honesty and Intergrity Commitment
In order to protect the legitimate rights and interests of the Company, Hytera Communications Corporation Limited and its branches, subsidiaries, and affiliates (hereinafter collectively referred to as “Hytera”) in business dealings, to fully demonstrate the spirit of fairness, impartiality, honesty and sincere cooperation, prevent commercial fraud, and build a cooperative relationship based on trust, honesty, frankness and integrity, the Company hereby makes the following commitment to Hytera:
II. Commitment of the Company
1. The Company will not bribe Hytera employees in any way, including but not limited to:
1.1 Give e cash, marketable securities, disbursement vouchers, communication equipment, transportation vehicles, non-low-value stationery commodities and other valuables, etc. to Hytera employees in any form, unless such gifts are given in line with business practices;
1.2 Invite Hytera employees to participate in travel, luxury entertainment, and meetings held in scenic spots for tourism purposes without the prior written consent of Hytera;
1.3 Bribe Hytera employees through agents or middlemen;
1.4 Provide full-time or part-time positions directly or indirectly to Hytera employees or their relatives, including agents, consultants, etc.;
1.5 Involve in any loan transaction with Hytera employees or their relatives. If any Hytera employees or their relatives make a loan request to the Company during the course of business, the Company shall report by real name to the competent department of Hytera.
1.6 Deliver improper benefits to relevant parties through any Hytera employees, or inveigle any Hytera employees or their relatives to participate in the distribution of benefits between the Company and other partners or customers. If any Hytera employees or their relatives actively request to participate in the transfer and distribution of benefits, the Company must reject it and complain by real name to the competent department of Hytera.
1.7 Bribery practices clearly set out in relevant laws and regulations.
2. The Company will support Hytera's honesty and integrity construction. If any of Hytera ’ s employees request for bribery during the ordinary course of business, the Company must reject it and make a real-name complaint to the competent department of Hytera. If the Company does not reject or report any Hytera employee's solicitation for bribes, but satisfies such solicitation instead, the act shall be deemed as the Company's offering of a bribe.
Complaint channel: The Audit Department of Hytera
TEL: (86) 0755-26972999-2170/2019
3. The Company will actively report the relationship with Hytera employees:
The Company shall not jointly establish a company/legal entity with Hytera's employees and/or their relatives or allow their to hold the Company's shares. At the same time, the Company shall actively disclose whether there is any relationship with Hytera's employees in strict accordance with the requirements of Hytera, and if so, the Company undertakes not to conduct any transactions with Hytera.
4. The Company will follow the principle of good faith, and at least ensure the following items in the process of business dealings with Hytera:
4.1 Ensure that the documents, materials, data, statements and oral presentations provided to Hytera are truthful, accurate and complete.
4.2 Eliminate falsified performance: such as false items, inflated customer demands, twin-contracts, etc. to achieve good performance, or assist Hytera's employees to complete orders and revenue (including “recognition of fraudulent revenue” and “early recognition of revenue”).
4.3 Strictly abide by the commitments made to Hytera, as well as the contracts, agreements and memorandum signed by both parties and actively cooperate with the audit of Hytera without hiding any information that may influence the interests of Hytera.
4.4 Comply with the relevant regulations on channel management, channel incentives and supply paths set out in policy documents such as the Hytera Code of Conduct for Partners and channel cooperation agreements.
III. Responsibilities for Breach of Contract
Whereas the Company's violation of this commitment will result in incalculable economic loss, damage to goodwill and possible adverse legal consequences to Hytera, if the Company or any business staff of the Company violates any one or more terms of this commitment, the Company shall bear the following responsibilities:
1. Hytera is entitled to cancel or lower the eligibility of the Company as an authorized distributor of Hytera, unilaterally terminate the relevant business contracts with the Company without any liability for breach of contract. Hytera is also entitled to include the Company into Hytera's channel blacklist and pursue the liability of relevant parties through legal means. Any change or cancellation of the order/contract relationship between the two parties shall not affect the right of Hytera to investigate the Company and claim damages in accordance with this commitment.
2. Return to Hytera any improper benefits gained from bribery.
3. Return to Hytera any improper benefits gained from failing to declare any association with Hytera's employees, and make a one-time payment of penalty to Hytera, that is, ten percent (10%) of the amount of orders (actually paid amount + unpaid account) occurring during the period from the date when declaration shall be made to the date when the failure to declare is discovered.
4. If any loss is caused to Hytera due to violation of the provisions of this Agreement, the Company shall compensate Hytera for all the losses incurred, including but not limited to the increase in costs due to partner replacement and fines imposed by government authorities.
This commitment shall take effect immediately from the date of approval by the authorized representative of the Company and be retroactive to the Company's relevant behaviors against Hytera before the signing of this commitment. If any separation or merger with other companies occurs to the Company subsequently, this commitment shall continue to be binding on the successor of rights and obligations.