Memorandum on Formation of Joint Promotional Partnership - China Mobile Communication Corp. and Shanghai Weilan Computer Co. Ltd.
MEMORANDUM ON FORMATION OF JOINT PROMOTIONAL PARTNERSHIP BETWEEN CHINA MOBILE COMMUNICATION CORPORATION AND SHANGHAI WEILAN COMPUTER COMPANY LIMITED Party A: China Mobile Communication Corporation ("CHINA MOBILE") Party B: Shanghai Weilan Computer Company Limited ("LINKTONE") Party A and Party B hereby reach agreement on the following aspects with a view to further promoting the cooperation between both parties, accomplishing joint brand promotion by both parties, improving promotional and marketing efficiency, and realize win-win for both parties. RESOURCES PROVIDED BY PARTY A TO PARTY B A. Identify Linktone as one of its principal partners at Party A's headquarter website of M-Zone, www.m-zone.com.cn, and branch websites across the country, and provide linkage to Party B's website, www.linktone.com, at related WebPages. B. Recommend Party B's business to Party A's provincial subsidiaries. Provincial subsidiaries shall provide actively collaborate with Party B in its promotional activities in local area, and list Party B's business in the menu of STK card of M-Zone under mature circumstances. (1) provide extensive promotional channels, including display of leaflet and posters at business office, promoting Party B's business in connection with the advertisement of M-Zone products. (2) Give certain coverage of Party B's business and promotional activity at Party A's magazine on M-Zone. (3) Promote Linktone on Party A's M-Zone magazine, establish business offices and cooperate with Party B to establish business offices as outlets for such magazine. (4) Provide some awards for promotional activity, mainly including image presents/awards of M-Zone, telephone fee or M-Zone card; C. Party A shall invite Party B as the partner for the promotion of M-Zone to jointly conduct series of promotional activity of M-Zone across the country. 1 <PAGE> RESOURCES PROVIDED BY PARTY B TO PARTY A A. Publish the flag advertisement of M-Zone at the portal page and major pages of Party B's websites, www.linktone. com and www.linktone.com.cn, which shall be linked to the headquarter website of M-Zone, www.m-zone.com.cn. B. Introduce the brand and image of M-Zone in marketing and promotion of Party B's most significant products. C. Party B's introduction of M-Zone brand are mainly through the following channels: (1) Add image and logo of M-Zone in plane promotional materials; (2) Reasonably use the promotional materials and gifts related to M-Zone as the awards or gifts in promotional activity; (3) Actively introduce M-Zone as promotional partner in ground promotional activity; (4) Create special column for M-Zone in the picture-and-ring magazine with large circulation to introduce brand and updates of M-Zone; (5) Actively develop extensive promotional channels and opportunities for M-Zone, such as providing customers with downloading service of the pictures and ring with M-Zone feature. (6) Provide coordination for promotion of M-Zone, promote brand and updates of M-Zone to its customers in Party B's short message services. D. Party B shall actively participate in and support for national and local promotion activity of M-Zone, to push for the smooth sailing of M-Zone. E. Party B shall, as strategic partner of M-Zone, actively participate in, encourage and support for the formation of partnership between M-Zone and Linktone partners, to form strong alliance for joint promotion. The first example is the formation of partnership between M-Zone and the McDonald's. This Memorandum is a letter of intent for cooperation between the parties and is in duplicate. Its purpose is to establish trustworthy, constructive, and strategic partnership between the parties. The Memorandum is not legally binding. The parties will jointly seek for closer cooperation under the cooperation framework set forth in this Memorandum and in the spirit of cooperation contemplated herein. 2 <PAGE> Party A: China Mobile Communication Corporation Marketing Department (seal) Representative: /s/ Xu Da Party B: Shanghai Weilan Computer Company Limited (seal) Representative: /s/ Raymond Lei Yang 3