Terms and Conditions of Innovation Excellence Program
1. Definitions and Interpretation
Means PCCW Limited & HKT Limited group of companies.
Means employee of the Company who meets the Eligibility under Clause 2 and its sub-clauses who takes part in the Program. Applicant may join the Program either individually or by forming a team of Applicants (“Team”).
Means innovation excellence program (“the Program”)
Means all information and materials relating to the Program and/or exchanged between the Parties and information falling under the Provisions of Clause 4.
Intellectual Property Rights:
Means any copyright, patents, utility models, trademark, design, database right, topography right, trade, business or company names, trade secrets or other propriety rights, moral rights or any other rights including the registration of such right and, including any rights or confidential information, trade secrets, know-how, innovation or data.
Applicant must fulfill Clauses 2.1 and 2.2 in order to participate the Program, any breach of the terms and conditions will enable the Company to terminate his/her eligibility forthwith without notice. The Applicant must be:
2.1 a Company’s existing employee (excluding part-time, temporary or fixed-term contract less than one year) who has passed probation;
2.2 Individual who shall remain as the Company’s employee throughout the entire Program period. Any Team member who resigned from the Company before the Program completion will be disqualified from the Program immediately without affecting the remaining Team members.
3. Intellectual Property Rights
3.1 The Company shall retain the sole ownership of the Intellectual Property Rights over the materials, information, knowhow and technology supplied by the Applicant for Innovatio.
3.2 The Company shall own all the Intellectual Property Rights of Innovatio.
3.3 If requested by the Company, the Participant shall execute all the relevant documents in order to perfect the intellectual property rights of the Company acquired through the Program.
4.1 Applicant shall at all times maintain the secrecy and confidentiality of the Program, and not disclose under any circumstances to any third party without prior written consent of the Company.
4.2 Applicant shall use such Confidential Information strictly for the purposes contemplated under the Program and shall not use it for any other purpose except as permitted.
5. Deliverables of the Program
5.1 Applicant shall deliver all the deliverables necessary required for the purpose of the Program including but not limited to those proposed projects set out in the Application Form.
5.2 At the Company’s request, the Participant will assist and cooperate with the Company in all reasonable respects, will execute documents, and (at Company’s expense) will give testimony and take further acts requested to acquire, perfect, transfer, maintain, and enforce patent, copyright, trademark, trade secret, design and other legal protection for the Program. The Participant hereby appoints the Company as Participant’s attorney-in-fact to execute documents on Participant’s behalf for this purpose. The Participant hereby irrevocably transfers and assigns to the Company any and all Moral Rights that Participant may have in the Program. The Participant also hereby forever waive and agree never to assert any Moral Rights or any other rights or interests the Participant may have in the Program. For the avoidance of doubt, the Participant expressly agree that the Company may adapt, modify, reproduce, dispose, resell, distribute or otherwise deal with the Program in any way as the Company wishes and the Participant shall have no rights or interests to object whatsoever.
6. Program Cost
6.1 The cost of the Program is fully funded by the Company subject to prevailing Company approval procedures.
6.2 Any further finance required to complete the Program may be raised by such means as the Company agrees from time to time.
7.1 Applicant may be entitled to financial sharing as a reward after successful delivery and launch of the Program in accordance with the business plan to be defined in the final stage of the Program. The Company will make the relevant announcement later.
7.2 For the avoidance of doubt, it is the Company’s sole and final discretion in deciding whether to launch any of the projects under the Program commercially without giving any reason to the Participant.
8. Warranty & Representation
8.1 Participant acknowledges, undertakes and represents that to the best of their knowledge, all works, ideas, contributions or project proposed or initiated under the Program is solely original works and ideas of the Participant and the Participant is not aware that any of their works will infringe any third party intellectual property rights. Participant has not previously granted and will not grant any rights in his or her contributions to the Program to any third party that is inconsistent with the rights granted herein.
8.2 Participant agrees to indemnify and keeps the Company indemnified in the event if any of the works, ideas, contributions or project initiated by the Participant under the Program infringe any third party’s intellectual property rights and or breach any applicable laws.
9. Final Decision
9.1 The Company reserves the final decision on whether to accept the enrolment of any Participant into the Program.
9.2 The Company reserves the right to cancel or make any changes to Innovatio without any further notice.
9.3 In case of any disputes, the decision of the Company shall be final. The Company reserves the right, at its sole discretion, to disqualify any Applicant and/or winning Applicant who violates any terms and conditions of the Program.
9.4 The Company shall have the sole and final discretion to postpone, terminate, substitute, amend, abandon or suspend the Program or any of the projects initiated by the Applicant at any time without giving any reason to the Applicant.