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Untitled Document

Agreement

Party A: (Member)  
Party B: (eCATIC CHINA INC
)

Article 1 Party A and Party B hereof signed this agreement on the basis of voluntary according to all the clauses in this agreement.
Article 2 The whole contents and clauses in "Regulation Guide of eAVIC" and "Transaction rules of eAVIC " are the inalienable constituents of this agreement.
Article 3 Party A can issue the information or trade via eAVIC. However, it doesn't mean that party A has any commission, partnership, joint operation, engagements or other relations alike with eAVIC.
Article 4 According to the free of expense service principle and reimbursable service principle, it is mutually agreed that party B can charge reasonable outlay from party A for the service provided in eAVIC. To view the charge list, please refer to "Charging standards of eAVIC ".
Article 5 Party A's rights and duties in using the services provided by eAVIC.

¡ù Rights

1.        Party A has the rights to ask party B to provide the specified services in due course. 

2.        Party A has the rights to ask party B to offer different kinds of essential cooperation and provide consultation for free. 

3.        Party A has the rights to ask party B to coordinate the both sides in business to discharge on time. 

4.        Party A has the rights to require party B to offer other rights that the equivalent party A enjoys. 

5.        Free to withdraw. 

6.        Rights of petition and recovery while own rights is violated by other members. 

 

¡ù Obligations

1.        Comply with the legislations and administrative rules of People's Republic of China; respect Chinese ethical moral and folk customs. 

2.        The members should keep the nation¡¯s privacy ; have a regard for privacy of individual; respect and protect intellectual property. 

3.        The members should guarantee the authenticity and veracity of the information published on net. They should assume all the resulting responsibilities. 

4.        Party A shall guarantee to offer the true and efficacious information and documentation. When the information and documentation of party A has changed, party A shall notify party B in due course. 

5.        Party A should agree that the information submitted to eAVIC be incorporate into the database. The information will be published in eAVIC for public to consult and employ. Members who don't agree to publish their information should be proclaiming in written form while submitting the information, else would be treat as acceptance. 

6.        Party A shall stipulate to the principles of equity, justness and good faith. They should not adopt any unrighteous competition means. They should not do anything that might be disorder the normal transaction order of eAVIC.

7.        After party A registered successfully and finished the procedure, he will get a register account and a password. Party A has all the responsibility on the register account and password. It assumes full liability to the activities and events after the registration. Party A can change the password at any time. 

8.        The members should keep their account and password in good order. It is be request not to give to account and password to the third party. Members should not share the member account and password with others and exploit member account and password to do any unauthorized activity. The members assume full liability to the activities under its member account and password. 

9.        Party A should comply with the member regulation, rules of transactions, the related administrative provisions of eAVIC and enrolling agreement. The members should accept the periodic censor of membership by eAVIC. 

10.   Party A's business behavior shall not go beyond its own business scope, and it shall possess the legal aptitude or legal authorization. 

11.   Party A can only make offer to the auction that meet fully of the on-line issuing requirements. 

12.   Party A shall not offer counterfeit merchandise to the other sides in business of eAVIC. He shall not make false and deceiving publicity to its merchandise and service. 

13.   Without been authorized, the members shall not transfer or spread the information on eAVIC to the third party in any way. 

14.   Members should not do any activity that might disrupt the transaction of eAVIC and the normal running order of the network. 

15.   The withdrawn member or members who had been deprived the membership still have the obligations to keep eAVIC's related business secret. The period of keeping business secret is triennium. During this period, they should still perform the unfinished service related to the bargain on eAVIC. They should also assume the legal responsibility for their commercial activity or non-commercial activity in eAVIC. 

16.   Members who have already withdrawn or been deprived the membership should not making any new deal under the name of eAVIC's member.  

17. Members shall render the related outlay on time.

Article 6 Rights and duties of party B£º

¡ù Rights 

1.        Party B has the rights to ask Party A to present the true and precise proven material and other relevant information and documentation. 

2.        While party A violate this agreement, regulation or state relate law, party B have authority to reject providing services to party A. Party B reserve the rights of adopting related legal measures. 

3.        If party A provides the other sides in business of eAVIC with counterfeit merchandise, party B has the rights to cease the service. It can impeach or report to the related administrative authority. Also, it has the rights to disclosure party A's deeds in its website. 

4.        In the event of party A violate the related rules of eAVIC, and harms party B's benefits, party B has the rights to terminate the service provided to party A. it also has the rights to claim if party A breaches of contract and harms party B's rights. 

5.        The ownership and intellectual property of network service go to party B. (The content of network service includes party B's on-line original passages, software, sound, pictures, kinescopes, charts, advertisements, originality, data-base records and the websites. when these contents are involved in party A's information elements such as intellectual property or registered brand, identification, they shall be accepted by party A.) Only under the authorization of party B can party A use the above-mentioned items. They shall not duplicate and rebuild these items without authorization, or create the content-related derivative products.   

¡ù    Obligations 

1.        Party B has the obligation to provide party A with the stipulated service. 

2.        Party B guarantees against using party A's information in the purposes other than eAVIC. 

3.        Provide party A with all kinds of essential cooperation and carry out training under the party A¡¯s request. 

4.        The agency should provide with the technical service and technology security. They should guarantee the reliability and security of the network platform.  

5.    Party B has the obligation to ask party A to coordinate with the other sides in business to discharge on time.  Party B should monitor the information of the member's feedback column. They should delete the Internet administrative provisions that violate the laws.

Article 7

About the charge 

1.        Charging standards  

2.        Form of settlement

Membership dues collecting mode: When this agreement is signed, within ten working days after party B rightful notices that party A becomes its member, party A shall hand in one year's membership dues by way of telegraph, check or cash. Party B shall open a invoice. Since then, the annual membership dues shall be handed in within the ten working days in accordance with this agreement. For those who fail to pay the membership dues, party B shall keep its membership for three months. After that, party B shall cancel its membership. 

Trade fee collection mode: Every January, party B shall sum up the total charge of the antecedent year. These statistics must be displayed in the user's bill in party A. Meanwhile, party B shall notify party A in the form of mail, fax, telephone or other modes. After receiving the notice, within ten days, party A shall pay the bill in the form of telegraph .check or cash while party B shall open a invoice and cancel party A's bill amount after verification.
Article 8

Once the regulation and rules of transactions of eAVIC have been revised, party B will notify its members as soon as possible. This information will also be notified in the eAVIC's webpage.   

Users have following choices: 

1.        Stop using eAVIC's service. They can withdraw voluntarily in written form. 

2.        If the users make no response in thirty days, it is considered that they have accepted the changes in the service clauses. 

3.        When dispute occurs, the latest version of service clause will serve the standard. 

Article 9

Exoneration clause

1.        Party A shall bear the risks of using our website service£¬party B won't provide guarantee of any kind. 

2.        eAVIC won't provide party A with any guarantee or assuming any responsibility to the information and service from other website or organizations that are linked to our website. 

3.        Party B won't assume any responsibility to the content that issued on the website by party A.  The party A shall assume all legal responsibility to the contents it published on eAVIC, including data£¬texts£¬software£¬music£¬voices£¬pictures£¬figures£¬image or other materials no matter where they come from. Meanwhile, if the party A violate the regulations and make party B involves into the legal proceedings, party A must compensate for it. 

4.        If party A provide their own account and password to others, for share these information with them,, it might lead to the register information divulged£¬pilfered£¬distorted or legal dispute raised, party B won't assume any legal responsibility. 

5.        Party B won't assume any legal responsibility for the divulging pilfering and distorting of the party A's register information owing to other interlinked websites. 

6.        If the website temporarily shut down or interrupt servicing because of hacker's hostile attack or computer virus' intrusion which lead to the divulging, losing, pilfering or distorting of the members' register information, party B won't assume any legal responsibility. 

7.        Party B won't assume any legal responsibility because of the adjustment of state law and regulations which temporarily shut down the website or interrupt servicing.  

8.   Party B won't assume any legal responsibility because of other force majeure factors which temporarily shut down the website or interrupt servicing.

Article 10

 Liability for breach of contract

1.        Party B has the right to terminate this agreement unilaterally and doesn¡¯t bear the liability for breach of contract when Party A breaks the contract or causes losses to Party B because of Party A¡¯s failure of not to fulfill the contract.

2.        If party A didn't provide party B with its true information and documentation, as a result, party B got harmed. Then, party B has the rights to terminate the network service for party A.  

3.   If party A didn't pay the fee after it received the notice for twenty working days, party B can charge 8% overdue fine. It has the right to cancel party A's account.

Article 11

Article 1              Membership  

In the following cases, the membership will be withdrawn automatically:

1.        Those who voluntarily present withdrawing application in written form; 

2.        The member enterprise that has been adjudicated to go bankrupt;

3.        Those who don¡¯t pay the necessary outlay. 

Those who have the following instances, eAVIC are entitled to read the riot act to the member or cancel its membership. 

1.        Members, who provide with false information, violate the principle of good faith or issue false and deceiving information. 

2.        The members, who don't observe the member regulation, perform member obligation or violate the related administrative provisions of eAVIC. 

3.        If the member doesn't fulfill the business contract and been complained by other members, once the case was confirmed, he will be punished. 

4.        Those who cheap shot, cheat eAVIC or the other members. 

5.        Those who utilize eAVIC to spread computer virus on purpose£¬ produce and transfer junk mails£¬ attack other networks£¬ break into other member's account. These acts are hurting eAVIC as well as other networks' daily function. 

6.        Those who adopt unfair competition at the trade activity of eAVIC, which are hurting eAVIC or other members. 

7.        Those who are committing unlawful activities or activities those are against public morality in eAVIC. 

8.        Those who are punished by related competent departments for making illegally deals or breaking the rules. 

9.        The association member who didn't manage their affiliated member or the affiliated member broke the above-mentioned rules. 

After the member withdraws the membership deliberately or because of deregulation, eAVIC would not pay back the membership-related outlay.
Article 12 All disputes in connection with this agreement or the execution thereof shall be settled friendly through negotiation. In case no settlement can be reached between the parties, the case under disputes could be submitted to People's Court where party B located.
Article 13 This agreement hasn't exhausted all the aspects. The both sides shall negotiate on the unmentioned areas. If necessary, they can sign a complementation agreement. The complementation agreements have the equal legal effect as this agreement.
Article 14 This agreement is in duplicate form£¬both party A and party B have one copy each.
Article 15 The duration of validity of this agreement starts at month /day/200_ to month/day/200_.
Article 16 If the member withdrawn during the valid period of agreement, then, this agreement will be automatically canceled.

Party A:

Address:  
Legal person
:                                     Entrusted agent
Telephone
:                      Fax:  
Deposit bank
                                          User's name
Account
:   

Party B: eCATIC CHINA INC .  

Address:  
Legal person
:                                     Entrusted agent:  
Telephone
:                      Fax:  
Deposit bank
                                          User's name:  
Account
:


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Copyright © 2005. Aviation Industry Corporation of China     All Rights Reserved.

Operating Unit: eCATIC CHINA INC.
Address: #2-301,No.16 Hongda North Road,BDA,Beijing 100176,P.R China
Tel:86-10-67881658,67881659

For use under U.S. Pat. # 4,799,156
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