Products and
Services Order 5.0 ("PSO5")
DOMAIN NAME REGISTRATIONS - .BIZ AND .INFO
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| 1. |
Products and Services Order (PSO) |
| 1.1 |
This Product and Services
Order ("PSO") is issued pursuant
to the Premier Partner Program Agreement
(the "Agreement") between Premier
Partner and WEBCC, and shall apply to all
Internet domain name registrations and other
related services in the .biz and .info top-level
domains on the Internet conducted by Premier
Partner through a WEBCC registrar. All capitalized
terms in this PSO not otherwise defined
herein shall have the meaning assigned to
them in the Agreement. This PSO shall not
include the registration of any .com, .net
or .org, MultiLingual .biz and .info domain
names, or, except as otherwise expressly
provided herein, domain names in any other
top-level domain.
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| 2. |
Definitions |
| 2.1 |
"Interface Tool"
means the tool provided by WEBCC that Program
members, on behalf of their customers, can
use to register a second-level domain name(s)
in the .com, .net, and .org top-level domains
on the Internet. The Interface Tool may
include, but is not limited to, Java-based
application program interface or an XML-based
application program interface. WEBCC may,
in its sole discretion, modify the Interface
Tool, or discontinue any part of the Interface
Tool at any time.
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| 2.2 |
"Domain Name"
shall mean and refer to the .biz and .info
which approved by the Internet Corporation
for Assigned Names and Numbers (ICANN).
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| 2.3 |
"WEBCC Services"
means Domain Name (web address) registration
services.
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| 2.4 |
" WEBCC Policies"
shall mean and refer to WEBCC's registration
and policies located at http://www.web.cc
.
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| 2.5 |
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| 2.6 |
"Registrant"
shall mean any individual or entity registering
a Domain Name, provided said registration
should be deemed effective only after processing
of registration by WEBCC.
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| 3. |
Premier Partner Requirements
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| 3.1 |
Premier Partner agrees
to use WEBCC, on a preferred basis, to (i)
register second-level domain names in the
.biz and .info top-level domains (when made
available by WEBCC), and (ii) provide other
services in the .biz and .info top-level
domains. As used herein, "preferred
basis" shall mean Premier Partner registers
through WEBCC, as its domain name registration
service provider, at least ninety percent
(90%) of all .biz and .info domain names
registered by or through Premier Partner
during each calendar quarter during the
Term of this PSO.
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| 3.2 |
WEBCC will inform Premier
Partner on the renewal dates of Registrants'
Domain Names. WEBCC will use commercially
reasonable efforts to provide at least sixty
(60) days notice before the Domain Name
Registration expires. Premier Partner will
be responsible to inform each of their Registrants
when the Domain Name Registration is due
for renewal at least thirty (30) days prior
to the expiry term.
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| 3.3 |
In utilizing the WEBCC
interface, Premier Partner agrees to cooperate
fully with WEBCC in order to establish and
maintain such interface. All scripting may
be modified and/or expanded from time to
time throughout the term of this Agreement
pursuant to the mutual agreement of the
parties hereto.
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3.4
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Premier Partner shall
strictly comply with WEBCC's Registration
Agreement and those WEBCC Policies provided
by WEBCC's Site or such other internet site
as may be designated by WEBCC from time
to time. Registrants who buy WEBCC Services
through this Program will be deemed to be
customers of WEBCC. Accordingly, all of
WEBCC's rules, policies, and operating procedures
concerning Registrant applications, Registrant
service, and sales of WEBCC's services will
apply to those Registrants. Said WEBCC Registration
Agreement and WEBCC Policies may be modified,
supplemented, or amended from time to time
by WEBCC.
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| 3.5 |
Premier Partner will
integrate available Domain Name into "search
results" with available Domain Names
during the term of this Agreement if such
functionality is available on Premier Partner's
web site(s) at any time during the term
of this Agreement. Premier Partner will
implement the Domain Name API and make available
the registration of Domain Name by not later
than thirty (30) calendar days after the
Effective Date.
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| 3.6 |
For each approved Domain
name Registration and Renewal of a Domain
Name, Premier Partner shall be solely responsible
for billing its Registrants and its Resellers
for the Domain Name Registration and Renewal
and will assume all risk of non-payment
by Registrants and its Resellers.
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| 3.7 |
The details of Premier
Partner Domain Name pricing and Premier
Partner Rebate Program are documented in
Exhibit
A. Premier Partner shall pay the .CC
Domain Registration and Renewal fees set
forth in Exhibit
A attached hereto.
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| 3.8 |
During the Domain Name
registration or renewal process, name servers
would be requested while the Domain Name
being registered or renewed. If there is
no name servers being entered for the Domain
Name, the Domain Name will be automatically
placed on name servers provided by WEBCC
which will be redirected to "Under-Construction"
page (collectively as "Parked Domain").
There is no charge for Parked Domain and
by not designating name servers during the
registration process, WEBCC has been given
the consent to and authorization to place
the "Under-Construction" page, and its associated
contents, on your Parked Domain until any
modification of name servers after the Domain
Name registration is complete.
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| 3.9 |
In the event of Domain
Name registration terms expires but prior
to renewal, the Domain Name will be redirected
to the "Domain Expired" page (collectively
as "Parked Domain"). There is no charge
for the parked Domain Name. By not renewing
the Domain Name, WEBCC has been given the
consent to and authorization to place the
"Domain Expired" page, and its associated
contents, on your parked Domain Name. The
name server configuration (or "un-park"
the Domain Name) after the renewal is complete.
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| 3.10 |
The "Under-Construction"
and/or "Domain Expired" pages may contain
advertisements and other materials selected
by WEBCC, in WEBCC's sole discretion. This
may include, but is not limited to third-party
Web sites, third-party product and service
offerings, and/or Internet search engines.
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| 4. |
Technical Services Performed by WEBCC |
| 4.1 |
WEBCC will provide a
reasonable amount of telephone, e-mail or
fax-back technical support, from 9:00 a.m.
to 6:00 p.m. Malaysian Time on Malaysian
business days (excluding Malaysian public
holidays), to Premier Partner's technical
staff only regarding the registration or
renewal of Domain Name in the Domain Name
Database and the access and interface between
Premier Partner and the Domain Name Database.
All support will be provided in the English
language.
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| 5. |
License |
| 5.1 |
WEBCC will grant Premier
Partner a non-exclusive, non-transferable
license to use the Software and a non-exclusive,
non-transferable license to use the Application
Programming Interface (API) for the term
of this Agreement but only to enable Premier
Partner to solely conduct business of domain
name registration in the Domain Name in
accordance with the terms of this Agreement,
and for no other purpose. Premier Partner
agrees to employ adequate security measures
to prevent use of the API and Software for
any other purpose. WEBCC may from time to
time make modifications to the Software
and the API licensed hereunder that will
enhance functionality.
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| 5.2 |
WEBCC grants to Premier
Partner and Premier Partner accepts a limited,
non-exclusive, non-transferable, non-sublicensable,
revocable, royalty-free license to access
WEBCC's domain name lookup servers which
host WEBCC's customer database ("Whois
Database"), and to use the Interface
Tool and any other tools provided by WEBCC,
only for the purposes of determining the
availability of character strings to register
as domain names, and for submitting orders
to WEBCC for WEBCC Services, and for no
other purposes. Without limiting the foregoing,
Premier Partner shall not access the Whois
Database to (i) allow, enable or otherwise
support the transmission by e-mail, telephone,
or facsimile of mass unsolicited, commercial
advertising or solicitations; (ii) enable
high volume, automated, electronic processes
that send queries or data to WEBCC or its
systems, or to the Whois Database of any
WEBCC Registrar or the Whois Database of
the WEBCC Global Registry, except as reasonably
necessary to register domain names or modify
existing registrations. Premier Partner
shall not sell or redistribute any data
gathered from any WEBCC Whois Database.
In addition, Premier Partner shall not use
the Interface Tool or any other tools provided
by WEBCC with any other domain name registration
service provider.
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| 6. |
Payment |
| 6.1 |
Prior to accepting any
Domain Name Registrations and Renewals,
Premier Partner shall make payment to WEBCC
by wire transfer or credit card, in U.S.
currency, pursuant to Exhibit
B (the "Deposit Fund"). As
WEBCC accept Domain Name Registrations from
Premier Partner, WEBCC shall deduct against
the prevailing balance of the Deposit Fund
the value of the Domain Name Registration
and Renewal Fee payable by Premier Partner
as per Exhibit
A. In the event that the balance of
Premier Partner's Deposit Fund amounts to
USD100 or less, Premier Partner will be
notified. Upon receipt of the notice, Premier
Partner will be required to replenish the
Deposit Fund pursuant to Exhibit
A or the value of Domain Name Registration
fees for a calendar month based on the current
monthly registration volume. If the value
of the fees debited against the Deposit
Fund exceed the value, further registrations
will not be allowed and the account will
be suspended until Premier Partner replenish
the Deposit Fund in the manner as set out
in Exhibit
B. Amounts transferred by Premier Partner
to the Deposit Fund will take at least ONE
(1) business day upon confirmation of the
money have been received prior to the commencement
of registration services.
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| 6.2 |
In the event that WEBCC's
Internet Payment Gateway was utilised by
Premier Partner during registration of Domain
Names, WEBCC will be charging the Credit
Card Clearing Charges of 4% + USD$0.60 on
the amount of every single transaction transacted
through WEBCC's Internet Payment Gateway.
The Internet Payment Gateway charges will
be billed and deducted from the Deposit
Fund on a monthly basis.
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| 7. |
General |
| 7.1 |
Premier Partner understands
and agrees that WEBCC, in its sole discretion,
will establish, and may modify from time
to time, WEBCC's Services. WEBCC reserves
the right, in its commercially reasonable
discretion, to reject any order for any
WEBCC Services pursuant to the Agreement,
this PSO, and WEBCC's Service Agreement.
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| 7.2 |
The term of this PSO
shall be concurrent with the Term of the
Agreement. The termination or expiration
of the Agreement shall cause this PSO to
immediately terminate on the date of the
termination or expiration of the Agreement.
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| 7.3 |
This PSO may be executed
in one or more counterparts, each of which
shall be deemed an original and all of which
taken together shall constitute a single
agreement.
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| 7.4 |
Premier Partner agrees
to comply with any terms and conditions
required by the applicable registry in connection
with any of the services being made available
by WEBCC hereunder. Premier Partner represents
and warrants that any information provided
by or through Premier Partner to WEBCC in
connection with the services hereunder is
accurate and complete, and submitted in
the form required by the applicable registry.
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| 7.5 |
Premier Partner acknowledges
that ICANN and the registries for the .biz
and .info top-level domains may impose certain
changes or new restrictions or obligations
on WEBCC to which Premier Partner shall
comply, if applicable, or require Premier
Partner Customers to comply, if applicable.
WEBCC shall make commercially reasonable
efforts to notify Premier Partner of any
such changes, new restrictions or obligations
as quickly as commercially possible.
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| 7.6 |
Premier Partner and
WEBCC acknowledge that additional services
may become available through WEBCC after
the effective date of this PSO, including
but not limited to services in the .biz
and .info generic top-level domains ("gTLDs")
that are not provided for herein and services
in additional gTLDs ("Additional Services"),
and that Premier Partner does not wish to
be required to sign an additional PSO in
order to be able to offer any Additional
Services. Therefore, in the event any Additional
Services become available, Premier Partner
and WEBCC agree that (1) WEBCC may, in its
sole discretion, forward to Premier Partner
a document bearing the signature of an authorized
WEBCC representative and containing terms
and conditions that will apply to any distribution
or other use by Premier Partner of any such
Additional Services ("Governing Terms");
(2) in addition to the terms and conditions
set forth in this PSO, the Governing Terms
shall govern the Premier Partner's and WEBCC's
rights and obligations in connection with
the distribution, promotion or other use
by Premier Partner of any such Additional
Services; (3) Premier Partner's distribution,
promotion or other use of the Additional
Services in the gTLD(s) referenced in the
Governing Terms shall constitute Premier
Partner's acceptance of and agreement to
be bound by the Governing Terms; and (4)
no changes to the Governing Terms shall
be effective between the parties except
for those set forth (i) in a subsequent
document signed by an authorized WEBCC representative
and provided to Premier Partner, or (ii)
in a subsequent writing signed by the parties
hereto. The parties agree that the method
of contract formation described in this
Section is only one method that may be used
at the option of WEBCC, and that Premier
Partner may agree to additional terms and
conditions by accepting such terms and conditions
in the manner directed in writing by WEBCC.
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| 7.7 |
All payments by Premier
Partner pursuant to this Agreement must
be made free and clear of, and without reduction
for, any withholding, value added or other
taxes. Any such taxes that are otherwise
imposed on payments by Premier Partner to
WEBCC will be the sole responsibility of
Premier Partner and Premier Partner agrees
to indemnify and hold WEBCC harmless from
the payment of such taxes
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EXHIBIT A
Pricing Schedule
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| (1) |
.biz Domain Name Registrations.
For each .biz domain name application submitted
by Premier Partner that results in a domain
name registration, domain name transfer
and for any renewal of a .biz domain name
registration, on or after the date set forth
in the PSO to which this Schedule is an
exhibit, Premier Partner shall pay to WEBCC
a service fee of US$10.00 per registration
year.
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| (2) |
.info Domain Name
Applications. For each .info domain
name application submitted by Premier Partner
that results in a domain name registration,
domain name transfer and for any renewal
of a .info domain name registration, on
or after the date set forth in the PSO to
which this Schedule is an exhibit, Premier
Partner shall pay to WEBCC a service fee
of US$10.00 per registration year.
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This Fee Schedule is
subject to the terms and conditions of the
agreement between the parties (as the same
may have been amended) concerning the provision
of the services identified above. Later
dated Fee Schedules, signed by the parties
or issued by WEBCC in conjunction with the
addition of other services not identified
above, shall supersede this Fee Schedule
with respect to the services identified
in such later dated Fee Schedule.
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| Premier Partner Rebate Program |
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Under the Premier Partner
Rebate Program, for every One Hundred Domain
Name from Domain Name registration, Domain
Name transfer and Domain Name renewal under
the Premier Partner Program, WEBCC will
rebate Premier Partner One Hundred fifty
United State Dollars (USD150.00).
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Note: |
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- The rebate will be computed on monthly
basis and will be accounted for at the
end of each month.
- The rebates shall be accounted in
the Deposit Fund and shall not be eligible
for cash refund. (Except for account
termination which subjected to terms
and conditions of the Agreement)
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EXHIBIT B
Payment method
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Prior to accepting Domain
Name Registrations, Premier Partner shall
transfer the initial pre-payment for Deposit
Fund to WEBCC through the acceptable method
(as listed below) in order to open a Premier
Partner account with WEBCC. The acceptable
payment method of WEBCC are as follows:
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| Acceptable Payment Method |
| 1. |
Credit Card
Under the Credit Card payment method,
Premier Partners are required to pay to
WEBCC with a minimum payment of Two Hundred
Fifty United States Dollars (USD$250).
The above shall apply to all initial pre-payment
and any subsequent payment by Premier
Partner.
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| 2. |
Wire Transfer (TT)
Under the TT payment method, Premier Partners
are required to transfer to WEBCC with
a minimum payment of Five Hundred United
States Dollars (USD$500). The above shall
apply to all initial pre-payment and any
subsequent payment by Premier Partner.
Premier Partner shall transfer the payment
to the following bank account as follows:
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| Pay
To: |
(Swift Code: CITUS33)
Citibank New York
21st Floor, 111 Wall Street, New York,
New York 10043
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| For
Account Of: |
(Swift Code: MBBEMYKA)
A/C No : 36075039 Maybank International
(L) Ltd
Level 16 (B), Main Office Tower,
Financial Park Labuan,
Jalan Merdeka,
87000 Labuan FT
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| For
Further Credit To: |
Web Commerce Communications Limited
A/C No: 330506
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Note:
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* Please ensure that
the TT form during wire transfer has the
complete information as listed above.
* Kindly fax over the TT receipt to Web
Commerce Communications Limited at +603-8996
8788 after processing the TT.
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