【正文】
(c ) 代理商就提供任何服務或無法履行任何服務承諾而須向廣告主承擔的責任,只限于代 理商就該項服務所收取的傭金總額,而代理商須向廣告主承擔的責任亦同時受下一條 文所規(guī)限。(c) 本協(xié)議書解除時代理商須交回廣告主前次向廣告主支取費用所產(chǎn)生的全部資產(chǎn)及物料以及所有由代理商或廣告主訂立的合同以及預訂的一切廣告時間、空位、藝員及其它廣告相關物。6 代理商未取得廣告主的書面同意前,不得發(fā)放任何廣告,亦不得在取得廣告主書面同意其估計成本前,產(chǎn)生任何將向廣告主支取的費用。代理商的酬報,媒介傭金%。8 在廣告主同意基礎上,凡涉及外幣付費,廣告主盡可能以外幣付費。(e) 廣告主同意償還代理商任何之前由廣告主授權(quán)而未能完成工作的制作成本及附加 傭金。B Advertising Agency (hereafter referred to as “AGENCY”) agrees to serve as an advertising agency of (hereafter referred to as “ADVERTISER”) in China in accordance with and subject to the following terms and conditions.1. AGENCY agrees to furnish to ADVERTISER all the services customarily furnished by advertising agencies except as may be otherwise mutually agreed. Without limiting the foregoing AGENCY’s services shall include formulation of marketing plans in cooperation with ADVERTISER, study and analysis of the market potentials for such products, creation and execution of advertising plans and campaigns of all types.2. AGENCY will bill the ADVERTISER at normal card rates for all media.3. AGENCY will bill the ADVERTISER for expenditure incurred for artwork, engraving, electrotyping, type position, materials, radio and television production and talent(including package programs), photographs, testimonials and all other advertising adjuncts, including expenditures in connection with acquiring authorization for the use of the names or photographs of individuals, at the cost thereof to AGENCY plus %. AGENCY will bill ADVERTISER at cost for expenditures in connection with travel, packing, forwarding, express and postage expenses.4. AGENCY will include a supervision fee on photography, TV production, and artwork preparation. This covers all aspects of AGENCY time incurred such as location hunting, casting, editing supervision, and checking all stages of artwork development.5. AGENCY will provide layouts and storyboards at cost to ADVERTISER. Comprehensive layouts and typesetting required by ADVERTISER, finished art, and mechanical pasteups prepared with the agency will charged at standard hourly rates.6. AGENCY shall not place any advertising without first obtaining the approval of the ADVERTISER in writing, nor shall it incur any expenditure, for which the ADVERTISER shall be billed, except shipping expenses, without first obtaining the approval of the ADVERTISER in writing for the est