Exhibit 10.38
Website Co-operation Agreement
Party A: MyWeb Network Systems (Beijing) Co., Ltd.
Party B: Shenzhen Prosperity Systems Co., Ltd.
Party A:
Address: Unit 905, South Office Tower, Beijing New World Center. No.3-A
Chongwenmenwai Street, Beijing.
Contact Person: Mr. Lai Yongsai
Zip Code: 100062
Tel: 010-67082361
Fax: 010-67082398
Party B:
Address: 20A-B-C, Development Bank Tower, Shen'nan Avenue, Shenzhen.
Contact Person: Mr. Zhang Jie
Zip Code: 518010
Tel: 0755-5870527
Fax: 0755-587-542
After friendly negotiation between both parties, the following agreements were
reached for future co-operation:
Clause 1. Co-operation
1. As partners, each party will establish hyperlink onto the website.
2. Party B will provide Party A with some of its website news resources [***]
on Party A's relevant channel. Party B's Chinese company name as well as
its website address (http://www.stock2000.com.cn) should indicate when the
information resources are used. The information resources includes
nationwide financial news, Hong Kong and Taiwan financial news,
international financial news, enterprises' financial news, financial
updates of the Shanghai Stock Exchange and Shenzhen Stock Exchange, real
time remarks and share commentary articles as well.
3. Party A will make use of the ASP page supplied by Party B [***] for the
market situation report. All the data and resources that Party A uses will
be programmed and edited by Party B on Party B's server. The webpage layout
and size should be provided by Party A while the information on market
situation will be provided by Party B which includes: Shenzhen
non-ordinaries index and Shanghai all ordinaries index with real time chart
explanation, top 5 gainers in the Shenzhen Stock Exchange and Shanghai
Stock Exchange, top 5 highest cash flow in Shenzhen Stock Exchange and
Shanghai Stock Exchange, on time market situation and basic information of
the above mentioned shares. The system should automatically generate a new
webpage [***].
4. The content designed and programmed by Party A can be quoted by Party B
[***]. Party A's company name and the hyperlink address should be indicated
when the information is used.
5. During the co-operation period, both parties shall mutually, jointly and
actively promote this co-operation project via their respective websites
and media resources, including advertising on the website and other
promotional activities.
6. Both parties intent to establish close co-operation and friendly
partnership by working together, including Party B supplying to Party A
real time market information, historical market information, technical help
line, individual stock recommendation, market news and analysis, financial
news commentary and all shares information provided by Party B. Detailed
co-operation clauses will be outlined in another agreement.
7. Party B guarantees that Party A will not be involved in any copyright
disputes when using market information provided by Party B.
Clause 2. Copyright
Without the consent of the other party, each party shall not alter the
content/information provided by the other party or furnish the contents to any
third party/parties
Clause 3. Co-operation Term
The co-operation will commence from 30th, Oct. 1999 and end in 30th, Oct. 2000
with a contract period of one year.
Clause 4. Responsibilities
Neither Party A nor Party B has the right to disclose the details of this
agreement without the other party's consent.
Clause 5. Termination of Agreement
1. The agreement will be terminated according to the contract term marked by
Clause 3.
2. Each party has the right to terminate the contract by issuing a written
notice in advance to the other party in case of a breach of contract by the
other party.
3. If one of the parties breach Clause 4 of the contract, the other party is
entitled to immediately terminate the execution of the agreement and to
seek all legal responsibilities from the party that breaches the agreement.
Clause 6.
This agreement is in accordance with the relevant laws of the People's Republic
of China.
Clause 7. Responsibilities for Breach of Contract
The party who breaches the contract has to assume the legal responsibilities.
Clause 8.
In the event of any disagreements, both parties will resolve the disagreement
based on friendly negotiation.
Clause 9.
Two copies of the agreement were prepared for both parties and will be effective
after being signed by both parties together with company chops.
Party A: MyWeb Network Systems Party B: Shenzhen Prosperity Systems
(Beijing) Co., Ltd Co.,Ltd
Date: 27.10.1999 Date: 22.10.1999
Signature: /s/ Xu Hui Signature: /s/ Huang Dan
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Xu Hui Huang Dan
