From:
s 47F
Sent:
Fri, 7 Sep 2012 11:36:20 +1000
To:
s 47F
Subject:
Contract signed [SEC=UNCLASSIFIED]
Attachments: 20120907123419996.pdf
UNCLASSIFIED
HI s 47F
Attached is the signed FWBC/API contract.
Would you like the original posted to you?
Cheers
s 47F
-----Original Message-----
From: xxxxxxxxxxx@xxxxx.xxx.xx [mailto:xxxxxxxxxxx@xxxxx.xxx.xx]
Sent: Friday, 7 September 2012 11:34 AM
To: s 47F
Subject:
This E-mail was sent from "PMF60000707" (Aficio MP C2800).
Scan Date: 07.09.2012 12:34:19 (+1100)
Queries to: xxxxxxxxxxx@xxxxx.xxx.xx
API LEISURE & LJFESTYLE - PROGRAM AGREEMENT
Date:
6July 2012
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
s 47F
Account Manager:
as at the Commencement Date
Agents:
Means any third party that assists API in the delivery of any component
of the Program.
API:
Shall refer to Australian Post-Tel Institute Ltd., trading as API Leisure &
Lifestyle.
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
the program)
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
Branded Communication:
·FWBC branded communication elements will include:
•
Personal Identification Card
• Monthly lifestyle Online
• API Lifestyle Website
Commencement List:
Initial list of FWBC employees provided so that initial Program
components may be manufacturep.
Confidential Information:
Means and includes:
(a)
Information marked as confidential;
(b)
Information, copies or examples of the Program or any part.of
it;
(c)
information, copies or examples of the Program or any part of
it and reports or reporting on the Program;
(d)
Information which by its nature is either confidential or should
reasonably be regarded as, confidential to the party to whom it
belongs or relates.
Directory:
· Means the annual hard copy communication which lists the API Leisure
& Lifestyle range of products and services.
API LEISURE & LIFESTYLE AGREEMENT 2012 ·-- CONFIDENTIAL --
Page 1
J.
•
'
I
21.
INTELLECTUAL PROPERTY
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
s 47F
Signed:
Witness:
Print
s 47F
Print
Name:
Name:
Title
Title:
Date:
Date:
- ·-, . -· <,). __ I_ 2. ·--·-----·--·--·-
SIGNED FOR AND ON BEHALF OF API LEISURE & LIFESTYLE
Signed:
Witness:
Print
Print
Name:
Name:
Title
Title:
Date:
Date:
API LEISURE & LIFESTYLE AGREEMENT 2012 -- CONFIDENTIAL --
Page8
Document Outline
