- Dispensation of the MDSS Financial Assistance. Hong Kong Cyberport Management Company Limited (“HKCMCL”) agrees to offer to the Applicant financial assistance supplied under the MDSS subject to a maximum amount of HK$200,000 (the “Financial Assistance”), on and subject to the Guides and Notes for MDSS and the terms and conditions of this Agreement, for the purposes and uses as described.
- Assumption of Risks. The Applicant acknowledges and accepts that HKCMCL shall have no responsibility for the delegation missions and/or marketing exhibitions not organised or provided by HKCMCL in connection therewith. The Applicant understands that his or her or its involvement in the delegation missions and/or marketing exhibitions may involve risks and the Applicant agrees that he or she or it understands any and all such risks and further agrees that the Applicant knowingly and fully assumes all such risks.
- Right of Publicity. THE APPLICANT UNDERSTANDS AND AGREES THAT RECEIVING THE FINANCIAL ASSISTANCE MAY RESULT IN PUBLICITY. The Applicant hereby irrevocably authorises, and undertakes to procure its founders, officers, representatives and employees to authorise, HKCMCL, through MDSS, to:
a. Reasonably publicize and use the likenesses, voices, and features of the Applicant, its founders, officers, representatives and employees, with or without their names, for any publication, promotion, trade, business use, or any other purpose whatsoever;
b. Photograph, videotape, film, and record the Applicant, its founders, officers, representatives and employees in any reasonable manner HKCMCL/MDSS chooses;
c. Copyright, convey, or otherwise distribute, now or in the future, any such promotional material involving the Applicant for any reasonable purpose whatsoever to anyone, including the general public, magazines, newspapers, television, radio stations,
HKCMCL/MDSS’s web sites or anyone else; and/or
d. Publicize, now or in the future, the name of the Applicant, its founders, officers, representatives and employees, individually or together, including information and non- confidential details regarding them, provided that any disclosure of personal data of individuals shall be in accordance with the Personal Data (Privacy) Ordinance and in a reasonable manner.
The Applicant hereby releases HKCMCL/MDSS and their officers, directors, agents, employees and representatives, from all liability, damages, or claims of any kind resulting in or from, or arising from the use, distribution, or disclosure of any photographs, films, videotapes, electronic recording, or other information regarding the Applicant as described in this Clause.
- Acknowledgement and the Applicant’s Publicity Materials. The Applicant agrees to:
a. Give appropriate credit to HKCMCL/MDSS for the Financial Assistance in any and all of its public communications and publicity materials including, but not limited to, press releases, publications, annual reports, video credits and interviews; and
b. To use all its reasonable efforts to notify the HKCMCL/MDSS prior to releasing any public communications and publicity materials contemplated.
- Termination. HKCMCL may at any time terminate all or any part of the funding support by giving written notice to the Applicant with immediate effect and shall have the right to claim for repayment of the disbursed funding in full or in part together with all administrative, legal and other costs incurred and interest accrued up to the date of repayment from the Applicant on the occurrence of any of the following events:
- HKCMCL has any reasonable ground to believe that the Applicant has provided to HKCMCL any materially misleading or inaccurate information during the application or the carry out of the Market Development Activity or any subsequent supporting document is found to be incorrect or incomplete to the extent that HKCMCL considers to be significant;
- The Applicant has acted dishonestly or negligently at any time during or before the application or the implementation of the Market Development Activity and such act(s) is in any way to the detriment of HKCMCL or its reputation;
- The Applicant has engaged or is engaging in acts or activities that are likely to constitute or cause the occurrence of offences endangering national security or which would otherwise be contrary to the interest of national security;
- the continued engagement of the Applicant or the continued performance of the relevant funding arrangements is contrary to the interest of national security; or
- HKCMCL reasonably believes that any of the events mentioned above is about to occur.