Commitment Letter for Copyright Transfer
To the Beijing Organizing Committee for the Games of the XXIX Olympiad (hereinafter referred to as "BOCOG"):
The undersigned (hereinafter referred to as the "Promisee"), fully understanding and out of free will accepting the Rules for the Mascot Design Competition for the Beijing 2008 Olympic Games and the Beijing 2008 Paralympic Games (hereinafter referred to as the "Rules"), hereby makes the following commitments:
1. The Promisee guarantees that the design submitted by the Promisee to BOCOG (hereinafter referred to as the "Design") for the Mascot Design Competition for the Beijing 2008 Olympic Games and the Beijing 2008 Paralympic Games (hereinafter referred to as the "Competition") is independently completed by the Promisee. The Promisee guarantees that the Promisee has the full, complete and exclusive copyright over the Design (excepting relevant contents provided by BOCOG, including without limitation to the Emblem of the Beijing 2008 Olympic Games and the Emblem of the Beijing 2008 Paralympic Games).
The Promisee guarantees that the Promisee has never published, used or developed, or authorized a third party to publish, use or develop the Design anywhere in the world as of the execution date of this Commitment Letter; the Promisee further guarantees that the Promisee will not, and will not authorize any third party to, publish, use or develop the Design anywhere in the world after the execution date of this Commitment Letter.
2. Upon completing the Design, the Promisee irrevocably, entirely and exclusively transfers the worldwide copyright of the Design and all rights to the image and three-dimensional performance of the Design (if any) to BOCOG (including its legitimate successors, the same hereunder) in a way and manner subject to the laws of corresponding jurisdictions.
3. If, according to relevant laws (including but not limited to the applicable laws of the People's Republic of China), any part of the copyright of the Design is non-assignable and cannot be assigned in compliance with the provision of Article 2 hereof, the Promisee hereby guarantees to make a due arrangements on such non-assignable rights, including but not limited to:
(1) The Promisee shall exclusively authorize BOCOG to, at its sole discretion, publish the Design in any way, at any time, and in any place.
(2) The Promisee shall agree and confirm that, when using the Design in any manner and for any purpose, BOCOG need not indicate the name of the Promisee (including but not limited to his/her original name, pseudonym and any other designation relating to the Promisee). The Promisee non-exclusively authorizes BOCOG to adopt any and all legal measures (including but without limitation litigation and arbitration) to stop authorship-right infringement activities. BOCOG may decide at its sole discretion whether or not to adopt relevant legal measures.
(3) The Promisee shall exclusively authorize BOCOG to exercise the right of revision of the Design in any way and for any purpose. In the event that BOCOG requests, from time to time, the Promisee or any third party designated by BOCOG to revise the Design, the Promisee shall not intervene in the aforesaid revision or ask BOCOG or the aforesaid third party for any consideration therefrom. The Promisee shall assist BOCOG with relevant revisions according to BOCOG's instruction.
(4) The Promisee shall exclusively grant BOCOG the right of integrity of the Design. In the event that BOCOG will, or will designate any third party to, protect the integrity of the Design, the Promisee shall actively cooperate and assist in a reasonable manner to BOCOG and/or the aforesaid third party. But the Promisee shall not cause any restriction or encumbrance to the rights and interests of BOCOG hereof for the reason of protecting the integrity of the Design.
(5) The Promisee acknowledges and agrees that BOCOG is entitled to sub-authorize the aforesaid rights to any third party at any time.
4. If the Promisee incorporates works that bear the intellectual rights of any third party in whole or in party into the Design, the Promisee shall guarantees that the Promisee has already obtained the sufficient authorization from aforesaid third party so as to be able to perform all the obligations under Article 2 and Article 3 hereof.
5. The Promisee acknowledges and agrees that, without the prior written consent of BOCOG, the Promisee shall not create any intellectual property substantively the same as or similar to the Design, regardless of whether said intellectual property belongs to the same category or takes the same form as the Design.
6. The Promisee agrees that, considering the nature of the Competition, BOCOG is not obliged to pay any assignment fees related to the assignment (and/or license) of the Design, or to pay any royalties related to commercial use of the Design. The Promisee further agrees that, if the Design is selected in the final round of the Competition, the consideration the Promisee requests from BOCOG is only limited to the awards in Section 9 of the Rules. Except for such awards, the Promisee is not entitled to request any special right or share of any benefit from the commercial use of the Design.
7. The Promisee promises that BOCOG is entitled to any use, development, authorization, license, protection, re-exploitation or reproduction activities in any form regarding the Design selected as the Mascot for Beijing 2008 Olympic Games and the Mascot for Beijing 2008 Paralympic Games, without interference or restriction by the Promisee or any third party. The aforesaid activities can be conducted through any media (including any media unknown at the present time) and in any format, including but not limited to written and electronic formats. The Promisee is not entitled to request any special right or share of any rights and interest arising from the aforementioned activities of BOCOG.
8. In the event that the Promisee does not perform the commitments hereunder and fails to effectively cure such default within 10 days after receiving written notice from BOCOG requesting remedy, BOCOG is entitled to claim against the Promisee for all losses caused by such default.
9. If owing to the Promisee's entry into the Competition, whether or not the Promisee is at fault, BOCOG faces any claim, litigation, or arbitration from any third party, or BOCOG suffers any direct or indirect loss of reputation or economy therefrom, Promisee shall take adequate measures to ensure that BOCOG is exempted from any influence from the aforesaid claim, litigation or arbitration. BOCOG, meanwhile, reserves the right to claim for compensation for any direct or indirect loss of reputation or economy therefrom.
10. The Promisee shall not infringe upon any intellectual property rights of BOCOG arising from or related to the organization of the Games, or upon the relevant intellectual property rights of any third party.
Though the Design in the Competition is authorized to bear the Emblem of the Beijing 2008 Olympic Games and the Emblem of the Beijing 2008 Paralympic Games, regardless of whether the Design is from the final selection of the Competition, the Promisee shall not alter or distort any Olympic emblems including without limitation the Emblems above mentioned in any form and shall respect the dignity, privilege and reputation of the IOC and BOCOG. The Promisee shall not exercise any rights in any manner that are likely to damage the rights, images, reputation or fame of the IOC and/or BOCOG.
11. The Promisee shall not assign the commitment obligation in whole or in part hereunder without the prior written consent of BOCOG.
12. This Commitment Letter shall be construed by the applicable laws of the People's Republic of China.
13. This Commitment Letter shall become effective upon execution by the Promisee.
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