EX-4.55 Tone Contract Order Form

Exhibit 4.55 CONFIDENTIAL TREATMENT REQUESTED BY LINKTONE LTD. THIS EXHIBIT HAS BEEN REDACTED. REDACTED MATERIAL IS MARKED WITH "[***]" AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. EMI CONFIDENTIAL Contract No.__________ MUSIC CHINA DIVISION (a division of EMI GROUP HONG KONG LIMITED) Mobile Phone Ringback Tone Contract Order Form LTWJ-4046

Deposit: In addition to the payments hereunder, MSP shall pay deposit to EMI at the amount of $0. In the event that EMI is required to make payment as a result of MSP's failure in the performance hereof, EMI shall have the right to draw from such deposit. Upon expiration or termination of this Contract, EMI shall promptly return to MSP the balance of the deposit without any interest accrued thereon. Upon execution hereof, MSP agrees to accept and comply with all the provisions under this Mobile Phone Ringback Tone Contract Order Form ("Order"), and the Ringback Tone Terms and Conditions attached hereto ("Terms"), Wholesale Price Calculation Sheet ("Price Sheet") and the provisions of other attachments. Order, Terms, Price Sheet and all the attachments shall be deemed hereunder as an integral part of this Contract, constituting the agreement between the parties hereto.

Confirmation by EMI authorized regional agent: Shanghai Bu Sheng Music Culture Communications Co., Ltd. (Seal) EMI CONFIDENTIAL Contract No.__________ MSP MOBILE PHONE RINGBACK TONE TERMS AND CONDITIONS Terms that are not defined herein shall have the meaning ascribed to them in the Order. ARTICLE 1. TERM This Contract shall become effective on February 1, 2005, and continue to be effective for a period of 12 months. This Contract can be terminated pursuant to the provisions hereunder. ARTICLE 2. DEFINITIONS For the purpose of this Contract, (a) "Ringback Tone" means clips of recording selected from a single "Authorized Songs" (as defined in Article 3.1), the length of which is not more than 40 seconds; (b) "Caller" means the person making calls to the mobile phone of the customer; (c) with respect to Ringback Tone, "Broadcast" means the transmission of connect signals from MSP's server (or mirror server based on network) to the Caller via public voice phone network, indicating that the user's mobile is receiving the transmission of signals from the incoming call, which is an alternative to the traditional ringing tone at intervals; (d) "Service" means the service owned and operated by MSP (or third parties accepted by EMI pursuant to Article 13.2 hereof) for provision of Ringback Tone service to users; (e) "User" means the end user (or owner) of mobile phones in the Territory, to whom the Ringback Tone will be transmitted upon dialing of their mobile phones as a result of agreement entered into between the User and MSP (or third parties accepted by EMI pursuant to Article 13.2 hereof). ARTICLE 3. CONTENT OF RINGBACK TONE 3.1 EMI Song Recordings. Ringback Tone used hereunder shall be the audio recordings ("Master Recordings") owned or controlled by EMI or EMI related music brands that are set forth on the authorized songs list ("Authorized Songs List"), which shall be provided by EMI to MSP from time to time during the term hereof. Only the recordings on the Authorized Songs List shall be authorized for use (each an "Authorized Song"). MSP may obtain copies of Authorized Songs by payment through channels recognized by EMI. Authorized Songs (including relevant data), Ringback Tone and other contents incorporating materials provided by EMI to MSP shall be hereinafter referred collectively as "EMI Content". 3.2 Withdrawal of Authorized Songs. EMI reserves the right to make amendments from time to time to the Authorized Songs List, including increasing or decreasing the songs on such list through notice or providing new Authorized Songs List. If EMI decides to withdrawal its authorization granted to any Authorized Songs, MSP shall within 5 business days after receipt of the notice cease its use and transmission of Ringback Tone related to the Authorized Songs that have been deprived of their authorizations, which means that MSP shall not continue its service on its service page nor cause new users to customize and use such Authorized Songs that have been deprived of their authorizations. However, services of songs included in ringback melodies that have already been purchased by existing users shall continue to be subject to MSP's current warranties (which should be in conformity with the agreement between the parties prior to the issuance of notice by EMI indicating its withdrawal of authorization granted to relevant songs), provided that MSP shall provide EMI with relevant documents for verification. EMI shall not set requirements on the minimum number of Authorized Songs set forth in the Authorized Songs List. 3.3 MSP agrees that EMI has the right to entrust Shanghai Bu Sheng Music Culture Communications Co., Ltd, EMI's authorized regional general agent, to implement this Contract (including arrangements in connection with financial affairs). ARTICLE 4 PRODUCTION AND TRANSMISSION OF RINGBACK TONE 4.1 Authorization. During the term of this Contract, EMI grants MSP a non-exclusive license within the territory, and MSP shall not transfer this Contract to any third parties or solicit secondary partners. Subject to the provisions hereof, MSP may (a) produce Ringback Tones based on clips from Authorized Songs; (b) broadcast to Users digital Ringback Tones; (c) solely for trial purposes by Users prior to their selection of Ringback Tones, transmit such digital Ringback Tones included in MSP's service to Users or potential Users through streaming (as it is generally defined), which does not constitute any independent sampling or part of similar services; and (d) for the purpose of transmitting Ringback Tones and providing services, produce and save Ringback Tones in MSP's network server. Except for the aforesaid purposes, MSP shall not reproduce, transmit or further develop or use any EMI Content without written consent from EMI. For the avoidance of doubt, (i) except for the purpose set forth in Article 4.1(c), MSP shall only transmit Ringback Tones to Callers on behalf of Users according to the provisions of this Contract; (ii) Ringback Tones shall be restricted to the mobile phone number of Users, and shall not be used in any fixed line network or other services; and (iii) MSP shall not in any circumstances permit or authorize Users, Callers or other person to download or save copies of Ringback Tones in any media. Without limitation to the foregoing, Ringback Tones authorized from transmission must be protected by electronic coding technology, so that the receiver will be unable to download or reproduce such Ringback Tones. 4.2 Restrictions. Except for purposes of selection and coding for production of Ringback Tones, MSP shall not revise, edit, mix, rearrange, translate or make any other change to the Authorized Songs. MSP shall not delete any data or security encryption components (such as electronic watermark) in Authorized Songs (or their delivery format) during the production of Ringback Tones. Each piece of Ringback Tones shall be a continuous slip selected from an Authorized Song, including the voice of relevant artist. MSP shall not mix the content of more than one Authorized Song or mix the content of one Authorized Song with any other content (whether voice, image or video) to produce Ringback Tone. 4.3 Editor's Recognition. Prior to the provision of Ringback Tones in its services, MSP shall at its own expense, provide to EMI copies of Ringback Tones in a format recognized by both parties. Without limitation to EMI's other rights in connection with Ringback Tones and the production and transmission thereof, EMI may at its sole discretion reject the content of any Ringback Tone (it is agreed by the parties that, if EMI does not bring forward its rejection to certain Ringback Tones in advance, MSP may provide such Ringback Tones in its services without express approval from EMI). EMI has the right to bring forward its rejection to the content of Ringback Tones at any time prior to or after the completion of production of the Ringback Tone. If EMI rejects the content of the Ringback Tone, MSP shall immediately cease use of any transmission of such Ringback Tone, and shall not re-select from the same Authorized Song for producing the Ringback Tone, until EMI gives express written consent thereto. However, services of songs included in ringback melody that have already been purchased by existing users shall terminate subject to MSP's current warranties (which should be in conformity with the agreement between the parties prior to the issuance of notice by EMI indicating its rejection to relevant songs), provided that MSP shall provide EMI with relevant documents for verification. After such written approval, EMI still has the right to reject the content of relevant Ringback Tones. MSP shall comply with all other provisions concerning the content of the format of Ringback Tones that may be agreed upon between EMI and MSP in the future. 4.4 Territorial Restrictions. All servers or other media used by MSP for the production, storage and transmission of Ringback Tone or the storage of other EMI Content shall be located within the Territory provided hereunder. MSP shall take all commercially reasonable efforts to ensure the implementation of territorial restrictions hereunder, including to make sure whether such users are residing within the Territory. MSP shall at its own expense update its equipment and customer authentication system, so as to maintain its best operation status for rendering services within the Territory. 4.5 Service, Security. MSP shall at its own expense provide equipment necessary for rendering its service. MSP agrees that such equipment shall be up to the industry standard. MSP undertakes to protect EMI Content from any unauthorized use, reproduction, revision and distribution. For such purposes, MSP shall keep and deal with EMI Content at the highest industry standard, which will be verified by EMI. If any potential security risks have been discovered, MSP shall promptly notice EMI and take all necessary measures to remedy the same. Subject to reasonable prior notice and in compliance with Article 8 hereof, EMI has the right to conduct on-site investigation to MSP's work process and conditions of equipment within working hours of MSP, so as to ensure compliance with the provisions of this Article 4 hereof. 4.6 MSP Affiliates. Ringback Tones authorized by EMI to MSP hereunder may be used by affiliates of MSP ("MSP Affiliates"), provided that the scope and terms for the use of Ringback Tones by MSP Affiliates shall be in compliance with the provisions hereunder, and that MSP shall be fully responsible for the conduct of MSP Affiliates. It is hereby acknowledged that, Shanghai Weilan Computer Co., Ltd. and Shanghai Unilink Computer Co., Ltd. are MSP Affiliates. If there are newly added affiliates of MSP, both parties shall separately agree thereupon. ARTICLE 5 NOTICE AND LOGO 5.1 Notice; Title of Songs and Name of Artists. At User's selection or audition of Ringback Tone, MSP shall indicate distinctively the standard EMI copyright notice ("Copyright Notice"), or provide Users with the route towards such notice. Under any circumstances, if MSP indicates such notice or provides the route towards such notice for the provider of other similar content, MSP agrees that it shall indicate the EMI Copyright Notice or provide the route towards the notice at least in the same distinctive manner. MSP shall mark each piece of Ringback Tone with the title of song and name of artist set forth in the Authorized Songs List. MSP shall use the title of song and name of artist solely for the purpose of marketing and promoting the Ringback Tones in its services, and shall not use the same for the promotion of this Service or MSP's other products and services (such as telephone ringing, mobile phone screen background image, or mobile phone screen saver, etc.). 5.2 Use of EMI Trademark. At EMI's request, MSP shall exhibit the name, mark or other trademark of EMI (collectively, the "EMI Logo") with distinctive and visible size at a place adjacent or connecting with Ringback Tone. Except for the use of EMI Logo explicitly authorized under this Article 5, MSP shall not use any EMI Logo without EMI's written consent. Any permitted use of EMI Logo shall be to the benefit of EMI. ARTICLE 6 INTELLECTUAL PROPERTY RIGHTS 6.1 EMI's Rights. During the cooperation between EMI and MSP, copyrights and other intellectual property rights contained in all the EMI Logo, Master Recording, Authorized Songs, Ringback Tone and other EMI Content (collectively, the "EMI IP Rights") shall remain the exclusive pro