Agreement

1. ACKNOWLEDGEMENT
You acknowledge by your access to your Web site and acceptance of this Agreement that You are an authorized representative of your company and its products and services.

2. USE AND QUALITY STANDARDS
ATM authorizes You to use the Marks as presented on the Site, and the associated goodwill, in connection with your promotion and distribution of the ATM products and services. You may not sell any Marks or grant any other person or entity any right to use the Marks, unless otherwise agreed by ATM. You agree that your use of all of the Marks will conform to the quality standards set by and under the control of ATM. The Marks posted by ATM on the Site may be updated by ATM without notice from time to time. You agree to use the most current version of the Marks available on the Site. You agree to check the Marks on the Site regularly for changes or discontinuance of any Mark, but in no event less frequently than monthly. Prior to your use of any Mark, You agree to submit a specimen of the proposed use of the Mark to ATM for approval. You agree to discontinue the use of any Mark that ATM deems inappropriate.

3. OWNERSHIP
You acknowledge that, as between You and ATM, ATM owns all right, title and interest in and to the Marks and their associated goodwill. You further acknowledge that the Marks have acquired secondary meaning in the minds of the public. You receive no rights to the Marks, express or implied, except the limited use rights of this Agreement. You will not register, directly or indirectly, any trademark, service mark, trade name, company name, Internet domain name or other proprietary or commercial right that is identical or confusingly similar to the Marks or that constitute translations thereof. Upon ATM's request, You will execute the instruments that may be appropriate to register, maintain or renew the registration of the Marks in ATM's name within the territory You are authorized to distribute the ATM products and services.

4. INFRINGEMENT
You will immediately notify ATM if You learn (i) of any potential or actual infringement of the Marks by a third party or (ii) that the use of the Marks may infringe the proprietary rights of a third party. ATM will determine the steps to be taken under these circumstances. You agree to (i) provide ATM with the assistance that ATM may reasonably request and (ii) take no steps on its own without ATM's prior approval.

5. WARRANTY; DISCLAIMER OF WARRANTY
The Marks are provided on an "as is" basis. All warranties or conditions with respect to the Marks, including, but not limited to, any implied warranties of merchantability, fitness for particular purpose, satisfactory quality, are hereby overridden, excluded and disclaimed. Under no circumstances will ATM be liable for any consequential, indirect, special or incidental damages or losses, whether foreseeable or unforeseeable, based on your claims or those of your dealers or customers (including claims for loss of goodwill, profit, use of money, stoppage of work or other impairment of assets), arising out of breach or failure of warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, even if advised of the possibility of such damages. In no event shall ATM’s total liability for all damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the amount paid by you to ATM, if any, for the use of the marks.

6. COMPLIANCE WITH LAW
You will take all reasonable steps to ensure that your use of the Marks complies with all applicable laws and regulations where You promote and distribute the ATM products and services.

7. INDEMNIFICATION
You agree to defend, indemnify and hold ATM and its subsidiaries, affiliates, agents, employees, officers, shareholders and directors (referred to in this Marks & Logo Usage agreement as "Indemnified Parties") harmless from and against any liability, loss, damage, demand, claim, cost, judgment, award, interest, penalty and expense resulting from, based upon, arising out of or relating to any claims, suits, actions, charges or proceedings brought against the Indemnified Parties arising from any third-party claim that your use of the Marks infringes or violates the intellectual property rights or other proprietary rights of a third-party.

8. TERMINATION
Your rights to use the Marks will terminate immediately and without notice if (i) you fail to cure any breach of this Agreement within thirty (30) days of ATM's or its affiliates' notice or (ii) you cease to be an authorized distributor of ATM products and services for any reason. Upon termination, You will (i) cease all use of the Marks and (ii) destroy or return to ATM, at ATM's option, any items bearing a Mark. You further agree that (i) all goodwill associated with the Mark has and will inure to the benefit of ATM and (ii) You will not be entitled to any compensation or other payment upon termination of this Agreement for any reason.

9. MISCELLANEOUS
This Agreement, and the distribution agreement that You may have with ATM or its affiliates states the entire agreement between us with respect to the Marks and overrides all prior statements, terms and representations. In the event of any conflict between Your distribution agreement and this Agreement, this Agreement will prevail. If any provision of this Agreement is declared unenforceable, it will be severed, and the remainder of the Agreement will continue in full force and effect. This Agreement may be modified or supplemented only in writing signed by both parties.

I, the undersigned, understand and agree to abide by the terms of use outlined in this document.

PRINTED NAME:________________________________________________

TITLE: __________________________________________________________

COMPANY/ORGANIZATION:______________________________________

STREET ADDRESS:_______________________________________________
CITY: ___________________________ STATE: ____________ ZIP: _______

WORK PHONE: _________________________
WORK FAX: ___________________________

EMAIL:_________________________________________________________

YOUR SIGNATURE: _______________________________________
DATE: ___________________

ATM SIGNATURE: ______________________________________
DATE: ___________________

The ATM countersigned signature above authorizes permission to use ATM Marks and / or create a hyperlink to and use the content on the Site.

Please mail the original signed agreement to:
African Trade Market, Marketing Department
301 Highlevel Court, Sea Point, Cape Town, 8001, South Africa

Or fax to: +27 21 433 2855

 

INFORMATION COLLECTION
When you browse the Site and have not registered for any online service from ATM, you browse anonymously. Personal Information ("Personal Information" is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains including, but not limited to, a first and last name, E-mail address, a home, postal or other physical address, or other contact information) is not collected as you browse. ATM does, however, use "cookies," "client variables" and "session variables" to collect information about how the Site and server are used and to recognize you as an ATM online service user when you re-enter our Site. Information, such as the server your computer is logged onto, your browser type, and whether you entered the Site via a Web site or E-mail hyperlink, is collected and tracked in aggregate. This information is used for the purpose of measuring response rates to Web page and E-mail hyperlinks as well as overall Site activity and performance.

When you register for or request any Site service, you may be asked to provide us with Personal Information which is used to enhance your Site experience, expedite communications, allow you to receive electronic/postal mailings from ATM, or to be contacted as requested. Additionally, we may request your upcoming travel plans and the next destination you plan to visit which allows us to further personalize your Site and E-mail messages you may receive to meet your specific needs, as well as make ATM product improvements. We may also use this Personal Information in aggregate to generate market research reports.

IP ADDRESSES
ATM collects the IP addresses used to access our Site and the dates and times of access. This information is used to analyze trends, administer the Site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not personally linked to identifiable information.

REGISTRATION FOR ONLINE PRODUCTS & SERVICES
In order to provide you with a particular Site product or service, we may request that you voluntarily supply us with Personal Information for purposes such as correspondence, Site registration, submitting an application or booking request, placing an order, requesting product descriptions, or participating in Site surveys and/or contests. If you are known to us as a registered user of an ATM Site, we may combine information about your use of Site products or services with certain other online and offline information we have about you as an ATM customer as well as information available from external sources in order to customize your Site experience and present you with relevant online and offline communications.

INFORMATION USE
We may use Personal Information you have given us to, for example, provide a service, measure consumer interest in our various products and services and inform you about products and services. If you have provided your E-mail address to us or to a company we've partnered with to make their products and services available to you, we may send you E-mail. These E-mails may be based on Personal Information you provided in your initial transaction with us, in surveys both online and offline, from information that may indicate purchasing preferences and lifestyle, as well as available from external sources. These E-mails come directly from ATM. You can opt-out from receiving E-mail from ATM as described below in the section, "Declining E-mail." When we send you E-mail, we may use your E-mail address to identify information about your receipt of the E-mail, including whether the communication was opened, how many times it was viewed and whether you clicked on an embedded hyperlink to reach a particular product or service. This information is used to measure response rates to E-mail communications as well as enhance your Site experience.

ATM does not provide your Personal Information to our business partners. However, we may send you, offers on behalf of our business partners. If you take advantage of an offer from an ATM business partner and become their customer, they may independently wish to send E-Mails to you. In this case, you will need to inform them separately if you wish to decline receiving future E-mails from them.

We may share Personal Information with law enforcement agencies in the event of a criminal investigation or suspected illegal activity.

FORWARD/E-MAIL THIS PAGE
Site users can choose to request that a Site Web page be sent electronically to another person. When you elect to do this, you will be required to enter your E-mail address and name, the receiver's E-mail address and name, a subject line, and a text message that will go to the receiver. This will generate a preformatted E-mail message that will go from you to the receiver's mailbox with your message embedded in the text of the E-mail. Forwad/E-Mail This Page is completely voluntary and you will therefore have a choice whether or not to disclose the required information.

ONLINE SURVEYS
We value opinions and comments from ATM customers, and you may have the opportunity to give us your feedback through Site surveys. In conducting these surveys, we may ask for your Personal Information so that we can appropriately identify you. Survey and Personal Information collected will be aggregated and used to make improvements to the Site and improve ATM products and services. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose the required information.

DECLINING E-MAIL
ATM provides customers with a means to decline receiving E-mail. At any time, you may request to discontinue receiving E-mail from ATM by following the opt-out instructions included within any ATM E-mail and informing us of your preference.

CHILDREN
This Site is not used to knowingly solicit Personal Information from or market to children under the age of 13. This Site is intended for use by persons who are over 18 years of age.

CUSTOMER INFORMATION
If you would like information about your account, you believe that ATM has not complied with this Privacy Policy with respect to your Personal Information, or you have other related inquiries or concerns, you may write to: African Trade Mark., attention: Marketing, 301 Highlevel Court, Sea Point, Cape Town, 8001, South Africa. In your letter, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the ATM Privacy Policy has not been complied with. ATM will investigate your inquiry or concern promptly.

LINKED INTERNET SITES
You should be aware that other Internet sites to which you link to from this Site may contain privacy provisions that differ from the provisions of our Privacy Statement. ATM is not responsible for the privacy practices or content of other such sites. We encourage Site users to be aware when they leave the Site and to read the privacy statements of each and every Web site that collects personally identifiable information. This Privacy Statement applies solely to information collected by this Site.