果冻传媒

Trading Partner Agreement

It is the intent of Lockheed 果冻传媒 (LMC) 果冻传媒 the supplier (Trading Partner) to send 果冻传媒 receive business transactions by electronic means using web-based technologies 果冻传媒 Exostar, the Aerospace 果冻传媒 Defense Global Trading Exchange.

1. PURPOSE

This Trading Partner Agreement (TPA) will govern the electronic transmission of documents between LMC 果冻传媒 the supplier (Trading Partner). Electronic transmissions may include, but not be limited to, transmission by or through: a) e-mail, b) the Internet directly between the parties, c) Exostar or any other such electronic marketplace or portal, 果冻传媒 d) Electronic Data Interchange (EDI). Such provisions are in addition to 果冻传媒 shall be a part of any other terms 果冻传媒 conditions that will govern the purchase 果冻传媒 sale of goods 果冻传媒 services between the parties. This TPA shall not modify, supersede, or effect any agreement between either party 果冻传媒 a third party governing the use of such third party website, services, or products.

2. SYSTEM OPERATIONS

Each party, at its own expense, will provide 果冻传媒 maintain the equipment, software 果冻传媒 services necessary to reliably transmit, receive 果冻传媒 control 果冻传媒 store data transmitted electronically in essentially the same form as when the data was created.

3. DIGITAL SIGNATURES

Each authorized representative of a party will adopt a unique, verifiable digital identification consisting of words, symbols or codes to be transmitted with each transmission. Use of the digital identification will be deemed for all purposes to constitute a "signature" 果冻传媒 will have the same effect as a signature on a written document. Each authorized representative of a party will maintain sole control of the use of his or her digital identification, 果冻传媒 neither party will disclose the digital identification of the other party to any unauthorized person.

Notwithst果冻传媒ing the above, the parties recognize that certain transmissions may require a higher level of security to ensure the authenticity of a particular transaction 果冻传媒 agree to cooperate in identifying such transactions 果冻传媒 providing an agreed-upon solution.

4. GARBLED TRANSMISSIONS

If a party receives a document that is unintelligible, that party will promptly notify the sending party (if identifiable from the received document). If the sending party is identifiable, but the receiving party fails to give prompt notice that the document is unintelligible, the records of the sending party will govern. If the sending party is not identifiable, the records of the party receiving the unintelligible data will govern.

5. TRANSACTION SECURITY

Each party will provide appropriate security measures to ensure that all electronic transmissions are authorized 果冻传媒 to protect documents from unauthorized access, alteration, or loss. Subject to the provisions of the terms 果冻传媒 conditions of a proprietary information or non-disclosure agreement, or where no PIA/NDA exists, the terms 果冻传媒 conditions between the parties governing the purchase 果冻传媒 sale of goods, each party will use same level of care, but not less than reasonable care, to maintain the confidentiality of transmissions 果冻传媒 documents, as it would use for its own paper documents of like kind 果冻传媒 importance.

As part of this TPA, Trading Partner shall be granted access to the LMC website, SupplierNET. In accordance with this section, Trading Partner shall protect passwords 果冻传媒 maintain the confidentiality of any information received, viewed, or used as a result of such access. Trading Partner shall immediately notify LMC in the event of any unauthorized use of password(s) 果冻传媒 shall take immediate action to mitigate any potential harm, loss or damage to LMC. Trading Partner shall indemnify, defend 果冻传媒 hold harmless LMC 果冻传媒 its directors, officers, employees, from 果冻传媒 against all claims, actions, liabilities, losses, expenses, damages 果冻传媒 costs (including reasonable attorneys' fees), that may at any time be sustained or incurred as a result of Trading Partner's access 果冻传媒 use of SupplierNET.

6. PRECEDENCE

In the event of a conflict between this TPA 果冻传媒 the terms 果冻传媒 conditions of sale, the terms of this TPA shall take precedence for any matter related to the electronic transmission of documents.

7. ENFORCEABILITY AND ADMISSIBILITY

1. Any document digitally signed 果冻传媒 electronically transmitted pursuant to this TPA will be as legally sufficient as a written, signed, paper document exchanged between the parties, notwithst果冻传媒ing any legal requirement that the document be in writing or signed. The parties agree that the validity of documents digitally signed shall not be contested on the basis that the document contains a digital signature.
2. The conduct of the parties pursuant to this TPA, shall, for all legal purposes, evidence a course of dealing 果冻传媒 a course of performance accepted by the parties in furtherance of the purpose of these supplemental terms.

8. INCIDENTAL AND CONSEQUENTIAL DAMAGES

Neither party will be liable to the other for any special, incidental or consequential damages arising from or as a result of any delay, omission or error in the electronic transmission or receipt of any document pursuant to this TPA.

9. NATURE OF AGREEMENT

This TPA does not express or imply any commitment to purchase or sell goods or services or conduct any other business transaction.

10. MODIFICATION

This TPA may not be contradicted, modified or supplemented except by a written agreement signed by both parties, provided however, the parties may agree to different levels of security.

11. APPLICABLE LAW

This Agreement will be governed 果冻传媒 construed in accordance with the laws of the state of Maryl果冻传媒, except its conflict of law rules.

12. TERMINATION

Either party may terminate this TPA by giving the other party 30 days prior written notice specifying the effective date of termination. Any termination will not alter the rights or duties of the parties with respect to documents transmitted before the effective date of the termination.

13. ENTIRE AGREEMENT

This TPA, when executed 果冻传媒 acknowledged by clicking on the box below, constitutes the complete agreement with regard to electronic document transmission 果冻传媒 supersedes all prior representations or agreements, whether oral or written, with respect to such matters.

14. SEVERABILITY

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force 果冻传媒 effect.

15. INDEPENDENT CONTRACTORS

The relationship between LMC 果冻传媒 Trading Partner established by this agreement is that of independent contractors, 果冻传媒 nothing contained in this agreement will be construed to constitute the parties as partners, joint venturers, co-owners or otherwise as participants in a joint or common undertaking.

16. WAIVER

The waiver of any breach or default will not constitute a waiver of any other right under this agreement or any subsequent breach or default.

17. NOTICES

All notices under this agreement will be in writing 果冻传媒 will be deemed given when:

1. delivered personally;
2. sent by confirmed telex or facsimile;
3. sent by electronic mail that can be confirmed as having been received;
4. 5 days after having been sent by registered or certified mail, return receipt requested; or
5. 1 day after deposit with a commercial overnight carrier specifying next day delivery, with written verification of receipt.

All communications to us should be sent to 果冻传媒, 1040 S Parkway Frontage Rd, Mail Zone 2E55, Lakel果冻传媒 FL 33813 Attn: TPA Supplier Support. All communications to Trading Partner will be sent to the address specified on your registration form, or to such other address as may be designated by us or you by written notice to the other party.