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Confirmation Letter

  Annex 4

  Confirmation Letter

  To the Beijing Organizing Committee for the Games of the XXIX Olympiad (hereinafter referred to as "BOCOG"), and

  [Note: Please insert the full name of the legal entity] (hereinafter referred to as the "Participant"):

  Before participating in the creation and revision of the Design (as defined in Clause 11 of this Confirmation Letter), I am fully aware of, understand and voluntarily accept the relevant provisions stipulated in 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") and its Annexes, as well as the following provisions:

  1. Any creation and/or revision I involved for the Design (regardless of whether it is substantial or secondary to the Design's creation) shall be the creating activity, which is conducted in accordance with the intent, and under the organization and responsibility, of the Participant.

  I hereby acknowledge and agree that under no circumstances should the creation and/or revisions that I involved for the Design be deemed as a creation or revision to a "service work" under Article 16 of the Copyright Law of the People's Republic of China, nor should the Design be deemed as a "service work" under the aforesaid Article 16.

  2. I fully understand that, upon the completion of the Design, the copyrights of the Design shall be entirely, irrevocably and exclusively transferred to BOCOG. I shall not enjoy any rights to the Design, and without the prior written consent of BOCOG, I am not entitled to use or develop the Design in any manner.

  3. Upon the execution of this Confirmation Letter, I shall not, on any occasion, at any time, for any reason or in any manner, claim against BOCOG or any third party in any form for any intellectual property rights (including, but not limited to, the copyrights) to the image and three-dimensional rendering of the Design.

  4. I hereby guarantee that the creation and/or revisions that I contribute to the Design do not infringe upon or conflict with any previous intellectual property rights or other rights of any third party.

  5. I hereby guarantee that, due to the great significance and influence of the Beijing 2008 Olympic Games and the Beijing 2008 Paralympic Games, before January 1, 2009, I shall not design, create, publish, publicize, duplicate or issue any form of deductive works on the basis of the Design or the final selected design of the Mascot for Beijing 2008 Olympic Games and Mascot for Beijing 2008 Paralympic Games, either inside or outside China. Any publication, publicity, duplication or issuance to the aforementioned deductive works, as well as any commercial or non-commercial marketing or promotional activities in relation to the deductive works, shall be an infringement of BOCOG's rights hereunder; under such circumstances, I shall assume liability for breach of contract in accordance with Article 9 of this Confirmation Letter.

  6. I agree that BOCOG is not obliged to pay me any fees or expenses for the creation or revisions that I contribute to the Design; furthermore, I understand that I am not entitled to request any special rights, or share any of the benefits, which BOCOG may obtain from the relevant activities.

  7. Without the prior written consent of the BOCOG, I am not entitled to use the creation and/or revision of the Design for any commercial or non-commercial marketing or promotional activities at any time, in any place, or in any manner, nor may I allow any other party to do so.

  8. Both BOCOG's rights to the Design, and my obligations and guarantees under this Confirmation Letter, shall be applicable to any works that are similar to the Design.

  9. In the event that I do not fulfill my obligations and guarantees as affirmed by this Confirmation Letter, and fail to effectively cure such default within 10 days after receiving written notice from BOCOG requesting remedy, BOCOG is entitled to claim all losses caused by such default against me.

  10. I shall not assign the commitment obligation in whole or in part hereunder without the prior written consent of the BOCOG

  11. The "Design" encompasses the intellectual property created by the Participant in accordance with the requirements stipulated in the Rules. The provisions concerning the Design and its intellectual property rights (including, but not limited to, its copyrights) under this Confirmation Letter shall be applicable to the whole Design or any part thereof, the digital format, and any (and all) two-dimensional or multi-dimensional version of the Design, including any format or manner of the Design existing before, during or after the revision (should the Design be revised during its creation or after its submission to BOCOG.).

  12. This Confirmation Letter shall be construed in accordance with the applicable laws of the People’s Republic of China.

  13. This Confirmation Letter shall become effective upon my execution.

  Signatory (Signature):

  Date of Execution (Y/M/D):

  

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