Partnership Agreement
Trend Micro Australia Pty Ltd
Xxxxxxxxxxxxxx.xxx Inc
(on behalf of Trade Wind Group and Flexifax Global Services)
Parties: Trend Micro Australia Pty Ltd A.C.N 077 055 817 and Xxxxxxxxxxxxxx.xxx
Inc on behalf of Trade Wind Group Pty Ltd A.C.N. 003 607 074 and its
subsidiaries including Flexifax Global Services.
Background
A. This Partnership Agreement represents the agreed understanding
between the parties concerning Flexifax through traffic on the
Flexemessaging Gateways which will be swept for viruses on a
continuous basis by a resident Trend Micro anti virus
application
B. Xxxxxxxxxxxxxx.xxx, through its messaging activity has built
up a fax and email broadcast service and delivers traffic
through ISPs and Carriers. A significant and growing
percentage of this traffic is being sent in the form of
emails.
C. Trend Micro has developed anti virus software that has been
designed to perform a continuous scan for viruses on traffic
being processed by Gateways, servers and similar applications
Purpose and Scope
The parties wish to enter into a Partnership Agreement whereby Flexemessaging
customer traffic is scanned and cleared of viruses in return for every message
being sent out by email from the Gateway being stamped with an acknowledgment to
Trend Micro.
The specific points in this agreement are:-
1. Trend Micro will supply, free of charge, its Trend Micro Anti Virus
software (Application name)and assist to install it into the
Flexemessaging Gateways. There are currently three such Gateways
operating. Additional copies will be installed free of charge whenever the
number of Gateways increases. The cost of recoding the Gateway to install
the Trend Micro will be born by Flexemessaging. The costs of installation
of the application and reporting set up will be born by Trend Micro.
2. In return for Trend Micro providing its antivirus software free of charge
to Flexemessaging, Flexemessaging will stamp each outgoing message with an
agreed statement crediting Trend Micro for the antivirus scan and removal.
3. Trend Micro undertakes to keep the antivirus software updated on a
priority basis. These software upgrades and updates will be done by Trend
Micro on an automatic basis. Trend Micro will provide a reporting system
that will alert the sender and Flexemessaging whenever a virus is detected
or suspected. The form of this reporting to be mutually agreed and may
alter from time to time.
4. It is agreed that Flexemessaging can copy across the Trend Micro
applications for maintenance, hardware change out or Flexemessaging
application upgrade purposes without charge. Trend Micro will leave
procedures if necessary as to how this is to be accomplished.
5. Trend Micro and Flexemessaging agree to jointly or separately issue press
releases concerning this Partnership from time to time.
Agreement
This agreement will initially last for two years and will automatically extend
thereafter unless terminated by either party giving 4 months notice.
The effective start date of this agreement is the date on which fully working
Trend Micro applications are installed and working satisfactorily on the
Gateways and accepted as being so by both parties.
Signed by an authorised officer of each company
/s/ N R Bird /s/ Xxxx Xxxxxxxx
X X Xxxx Xxxx Xxxxxxxx
CEO Sales Manager Australia
Xxxxxxxxxxxxxx.xxx Inc Trend Micro Australia Pty Ltd