Fri, 7 Sep 2012 11:36:20 +1000
Contract signed [SEC=UNCLASSIFIED]
HI s 47F
Attached is the signed FWBC/API contract.
Would you like the original posted to you?
From: firstname.lastname@example.org [mailto:email@example.com]
Sent: Friday, 7 September 2012 11:34 AM
To: s 47F
This E-mail was sent from "PMF60000707" (Aficio MP C2800).
Scan Date: 07.09.2012 12:34:19 (+1100)
Queries to: firstname.lastname@example.org
API LEISURE & LJFESTYLE - PROGRAM AGREEMENT
This Agreement is made between:
Fair Work Building and Construction ("FWBC') (ABN 68 003 725 098) of
533 St Kilda Rd, Melbourn!!, VIC, 3004
Australian Post-Tel Institute Ltd. trading as API leisure & Lifestyle (ABN
33 115 072 547) of Level 2, 695-699 George Street, Sydney, New South
Wales 2000. ("API")
INTERPRETATION OF TERMS USED IN THE AGREEMENT
as at the Commencement Date
Means any third party that assists API in the delivery of any component
of the Program.
Shall refer to Australian Post-Tel Institute Ltd., trading as API Leisure &
API Management Office:
Levef 1, 63 Exhibition Street, Melbourne, VIC 3000
Billing - Annual Program Fees:
s 47G(1 )(a)
Billlng - Commencement Date:
9 September 2012 (the agreed date for the commencement of b)lling of
BIiiing - Programs Provided:
Means the actua"i number of programs provided to employees
Billing - Minimum Numbers:
141 bei_ng the minimum number of e·mployees this program will be
billed for in the term of this agreement
·FWBC branded communication elements will include:
Personal Identification Card
• Monthly lifestyle Online
• API Lifestyle Website
Initial list of FWBC employees provided so that initial Program
components may be manufacturep.
Means and includes:
Information marked as confidential;
Information, copies or examples of the Program or any part.of
information, copies or examples of the Program or any part of
it and reports or reporting on the Program;
Information which by its nature is either confidential or should
reasonably be regarded as, confidential to the party to whom it
belongs or relates.
· Means the annual hard copy communication which lists the API Leisure
& Lifestyle range of products and services.
API LEISURE & LIFESTYLE AGREEMENT 2012 ·-- CONFIDENTIAL --
21.1. FWBC indemnifies API and will hold AP! harmless from any and all liability however arising,
lncludfng cost for any infringement of any patent, trade mark or any other form of intellectual
property, arising from the Program.
21.2. · Each party acknowledges and agrees that it will not:
21.2.1. obtain any Interest in, or any right or title. to, the other party's Intellectual Property;
21.2.2. represent itself as the owner of or having any interest in the other party's Intellectual
Property or any part of it; and/or
21.2.3. use (or allow the use of} any of the other party's Intellectual Property or any part of it, in a
manner that Is contrary to or conflicts with or In any way damages the title or interest of
that party, in its Intellectual Property.
21.3. API reserves the right at any time to require that FWBC cease using any or all trad�marks, service
marks, Insignia, logos, patents, designs, copyright materials, reports, trade secrets, and other
Intellectual Property belonging to API, and also that FWBC ceases promoting that it, or any related
body corporates of it, are In any way connected with or to, API:
SIGNED FOR AND ON BEHALF OF FWBC
- ·-, . -· <,). __ I_ 2. ·--·-----·--·--·-
SIGNED FOR AND ON BEHALF OF API LEISURE & LIFESTYLE
API LEISURE & LIFESTYLE AGREEMENT 2012 -- CONFIDENTIAL --