Beijing Organizing Committee for the Games of the XXIX Olympiad
(hereinafter as “BOCOG”):
In order to enter the “The Fourth Campaign to Solicit Songs for Beijing
2008 Olympic Games” (hereinafter as the “Campaign”), the individual or legal
entity whose signature appears below (hereinafter as “PROMISEE”), fully
understanding and voluntarily accepting the text of the “Rules for the Fourth
Campaign to Solicit Songs for Beijing 2008 Olympic Games” and appendix thereto,
(hereinafter collectively called as the “Campaign Rules”), hereby covenants as
1. PROMISEE guarantees that the SUBMISSION WORK AND MATERIALS submitted to
BOCOG for entering the Campaign are independently created by PROMISEE or legally
obtained by PROMISEE. PROMISEE has the full, complete and exclusive copyright
over the SUBMISSION WORK AND MATERIALS.
2. Upon submission of the Copyright Assignment Letter, PROMISEE entirely
and exclusively assigns the copyright of the SUBMISSION WORK AND MATERIALS and
all rights derived therefrom to BOCOG free of charge.
3. According to the applicable laws, if any part of the copyright of the
SUBMISSION WORK AND MATERIALS or the rights derived therefrom is non-assignable,
PROMISEE guarantees to make due arrangements below on such non-assignable
(1) PROMISEE grants to BOCOG an exclusive license to legally exercise the
right of publishing, use, revision, and the right of protecting the integrity of
the SUBMISSION WORK AND MATERIALS.
(2) When using the SUBMISSION WORK AND MATERIALS, in principle BOCOG shall
indicate the name or designation of PROMISEE. However, to a necessary extent,
BOCOG may decide, at its sole discretion, whether to indicate the aforesaid name
or designation of PROMISEE.
(3) PROMISEE acknowledges and agrees that, the “exclusive license” by
PROMISEE referred to in the above paragraphs, shall exclude PROMISEE from the
use of relevant rights as well. BOCOG is entitled to sub-license the rights
stipulated under Article 3 (1) and (2) hereof to any third party from time to
4. Upon learning that PROMISEE’s SUBIMISSION WORK is not selected as
Selected Song of the Campaign, through official channel, PROMISEE may revoke the
covenants made by PROMISEE under Article 2 and 3 hereof, and such revocation
shall take effect upon BOCOG’s receipt of relevant written notice sent by
PROMISEE. However, in case PROMISEE’s SUBMISSION WORK is selected as Selected
Song of the Campaign, PROMISEE is not entitled to, at any time, revoke any of
covenants made by PROMISEE under THIS LETTER.
5. During the period of solicitation and selection of songs for Beijing
2008 Olympic Games, PROMISEE shall, at BOCOG’s request, take part in certain
cultural activities as designated by BOCOG and execute additional contracts, in
the form and content acceptable to BOCOG. PROMISEE agrees that, if PROMISEE does
not execute, or cause relevant parties to execute, any aforesaid contract,
PROMISEE will be regarded as having voluntarily given up the qualification of
such SUBMISSION WORK for entering the Campaign.
6. PROMISEE warrants that (a) all information provided by PROMISEE as part
of PROMISEE's application to enter the Campaign is complete, true and accurate;
(b) PROMISEE has the full right, power, ability and authority to execute THIS
LETTER and perform PROMISEE's obligations hereunder; (c) all elements of the
SUBMISSION WORK AND MATERIALS are original, and not the works in the public
domain; and (d) no part of the SUBMISSION WORK AND MATERIALS infringes upon any
copyright,, other intellectual property rights or other proprietary rights of
any third party, or contains any libelous, defamatory, obscene or unlawful
elements, or otherwise infringes upon any other right of any third party.
7. THIS LETTER shall be governed by and construed in accordance with the
laws of the People's Republic of China.