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APNIC Document identity
Title: APNIC Membership Agreement
Short title: membership-ageement
Document ref: APNIC-040
Version: 001
Date of original publication: 1 June 1996
Date of this version: 1 June 1996
Review scheduled: n/a
Obsoletes: APNIC-011
Status: Obsolete
Comments: Obsoleted by APNIC-050
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APNIC Membership Agreement
Issued: June 1, 1996
Expires: December 31, 1996*
*) This form is valid until superseded by another form. After the
date specified, please check the APNIC document store located at
ftp://ftp.apnic.net/apnic/docs for a later version of this form.
Note: This document is for reference only. Contact hostmaster@apnic.net
for the legal APNIC Membership agreement.
--------
APNIC Membership Agreement
Dated: 1996
Parties
APNIC LTD
and
__________________________________________
AGREEMENT
THIS AGREEMENT is made this __________ day of ______________ 1996
Between
APNIC LTD, a non-profit corporation incorporated under the laws of the
sovereign nation of The Seychelles, and having its principal office at
53-70 Jingumae 5-Chome, Shibuya-ku, Tokyo 150, Japan ("the corporation")
And ______________________________________________________ a company
incorporated (individual, or a sole proprietorship, business,
partnership, society, unincorporated association, etc. registered)
under the laws of ____________ and having its registered address at
_______________________________________________. ("Member")
RECITALS
(A) WHEREAS the purpose of the corporation is to provide the service
of allocating and registering Internet resources for the purpose of
enabling communications via open system network protocols and to
assist in the development and growth of the Internet in the Asia and
Pacific Rim regions. The corporation will assist the Asia and Pacific
Rim Internet community in the development of procedures, mechanisms,
and standards to efficiently allocate Internet resources as a service
to the community as a whole. The corporation will provide educational
opportunities to further Members' technical and policy understanding
of the industry. The corporation will also develop public policies
and public positions in the best interest of the industry and will
seek legislative and regulatory consideration of issues of general
benefit to the Members and the industry where and when appropriate;
(B) WHEREAS the corporation, in furtherance of creating greater
inter-connectivity throughout the industry, has established
operational, technical and administrative mechanisms to ensure fair
and equitable distribution of Internet resources among organizations
using open system network protocols;
(C) WHEREAS the Member is desirous of participating in the activities,
functions and affairs of the corporation by becoming a Member of APNIC
(a Special Committee of APNIC Ltd.) on the basis of one of the four
tiers set forth below and to receive all benefits associated with such
membership;
(D) WHEREAS the APNIC membership structure consists of a one-time
initial fee of US$1,000 and a yearly recurrent fee based on a
self-determined tier of membership. Membership consists of four tiers
as follows:
(a) Tier I - "Large Registry Membership";
(b) Tier II - "Medium Registry Membership";
(c) Tier III - "Small Registry Membership";
(d) Tier IV - "Enterprise Registry Membership",
(E) The annual fees ("the Membership Fee"), on a calendar year basis,
applicable to each tier and the rights and benefits associated with
each membership tier are substantially as set forth in the Schedule
hereto.
IT IS HEREBY AGREED AS FOLLOWS:
The Corporation's Obligations
1. To render resource allocation services based on demonstrated and
justified Member requirements in accordance with generally accepted
Internet registry practices and not based upon the self-determined
tier of membership chosen;
2. To maintain such resource allocation information within APNIC
network information databases as necessary to ensure and promote
proper operation of the Internet;
3. To develop region-wide forums for the consideration and development
of Internet-related policy issues;
4. To discuss and consider issues with the Members that will improve
the efficiency and inter- connectivity of the Members' use of public
networks;
5. To support legislative and regulatory goals that are beneficial to
the Members and the industry as a whole. In doing so, the corporation
agrees that it shall not use the name of the Member without obtaining
the Member's prior approval, provided, however, that the corporation
may use the Member's name in general disclosures of the APNIC
membership list and in reporting events regarding the Member that have
already been disclosed to the general public or where such disclosure
is deemed to be in the public domain.
6. To promote the greater connectivity of public networks;
7. To provide operational, technical and administrative mechanisms to
help ensure open communications and dialog between and among Internet
Service Providers and consumers of those Internet services.
The Member's Obligations
8. To abide by common Internet practices with respect to address space
management as documented in Internet "Request For Comment" documents,
including (but not limited to): RFC 1466, RFC 1918, and other
documents that are approved by the Internet community as "Best Current
Practices" from time to time;
9. The Member acknowledges and agrees that all of the terms and
conditions of the APNIC Special Committee by-laws ("the by-laws") are
incorporated herein by reference as though repeated in this Agreement.
The Member further agrees to be bound by all of the terms of this
Agreement and to abide by all of the provisions of the Memorandum and
Articles of Association of the corporation ("the Charter") and the
by-laws. In connection therewith, the Member acknowledges and agrees
that the Charter and/or the by-laws may be amended from time to time,
and the Member agrees to abide by the terms of any such amendments
until the expiration of the applicable membership term.
10. The Member further acknowledges and agrees that membership in
APNIC is a prepaid membership plan. Notwithstanding the provisions of
Clause 19 below, all membership fees must be paid in advance and
submitted along with the original signed version of this Agreement.
Failure to pay APNIC membership fees will result in service requests
being offered on a time available basis with no guarantee of service
offered and Membership rights will terminate thereupon.
11. With the exception of the one-time startup fee, membership fees
are for the calendar year starting on the day payment is received and
ending one year thence.
12. The Member elects the type of Membership against the type of
membership indicated in the Schedule hereto.
13. The Member further acknowledges and agrees that the Membership
Fees due in connection with membership may be changed or otherwise
modified from time to time and from year to year. In the event the
Member elects to continue membership in APNIC upon the expiration of
the Initial Term (as defined hereinbelow), the Member shall be
obligated to pay the membership fee then in effect for any Renewal
Term (as defined hereinbelow). Notice of any such change will be
given to all Members before implementation.
14. Nothing in this Agreement shall be construed to prohibit or
restrain the entry by any Member into any separate contract or
agreement with other Members or third parties on any terms.
Liabilities and Indemnities
15. Save as provided in the Clause next following, no Member shall be
liable to any other Member or to the corporation for any loss, damage,
liability, claim or expense arising out of, or in relation to, this
Agreement, however caused, whether grounded in contract, tort
(including negligence) or strict liability.
16. Each Member shall indemnify and hold the other Members and the
corporation harmless from and against any loss, damage, liability,
claim or expense which results from a claim or claims arising from the
performance of this Agreement asserted by unrelated third parties
concerning an act or omission of such Member arising out of, or in
relation to, this Agreement.
Assignments
17. The Member may assign its rights, responsibilities and other
obligations to another organization in the event of merger, sale or
transfer of its ownership to such organization, provided that, the
assignee is duly organised and licensed to conduct business and
otherwise meets the conditions of membership provided in this
Agreement.
Severability of Terms
18. In the event any provision of this Agreement shall be held to be
invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be
affected or impaired thereby.
Manner and Effect of Executing Agreement
19. This Agreement may be executed in separate counterparts, each of
which shall be deemed an original, but both of which together shall
constitute one and the same instrument.
Subject to Amendment
20. The Member acknowledges and agrees that the terms and conditions
of this Agreement and the corporation's obligations herein are subject
to change.
Commencement and Duration of Agreement
21. This Agreement becomes effective and shall be dated ("the
Effective Date") on the last to occur of:
(a) the date upon which it is executed by the corporation, and
(b) the date upon which the Member's membership fee is
received by the corporation.
22. The initial term of this Agreement shall commence on the Effective
Date and end one year after the date in which it is executed ("Initial
Term"). Unless the Member provides APNIC written notice no later than
45 days prior to the expiration of the Initial Term or a Renewal Term
(as hereinafter defined) of the Member's intent not to renew
membership, this Agreement shall automatically renew, on the same
terms and conditions as set forth herein, for a one-year term
("Renewal Term") of each year following the year of execution (each
one-year term being referred to as a "Renewal Term"). In the event
the Member does not inform APNIC of a change thereto, the Member's
membership status for each Renewal Term shall be the same as that of
the previous year, and the Membership Fee owed to the corporation
shall correspond to such membership status. The Membership Fee for
each Renewal Year shall be due and paid in full no later than 60 days
after the Effective Date ("Renewal Payment Date") of each Renewal
Term. In the event that the Member's Renewal Term Membership Fee is
not received by the corporation by the Renewal Payment Date, the
Member's membership shall be terminated immediately, with no
opportunity being provided to cure such breach for non-payment. All
rights and benefits associated with membership shall be terminated on
the date that Member's membership is terminated.
23. Notwithstanding the provisions of the preceding Clause, a Member
whose membership has been terminated for non-payment of Membership
Fees may have its membership reinstated and such terminated Member may
be returned to good standing only upon remitting full payment for the
entire Renewal Term with the addition of the US$1,000 one-time startup
fee to the corporation.
Dispute Resolution
24. Any dispute arising between or among the Members, the corporation,
or the officers of APNIC as to any matter arising under or out of or
in connection with this Agreement or any agreement entered into
between any of the aforementioned parties, or in respect of the
Memorandum and Articles of Association of the corporation, and whether
in contract or tort shall, unless the parties agree to refer to a
single arbitrator, be referred to two arbitrators one to be chosen by
each of the parties to the dispute, and the arbitrators shall before
entering on the reference appoint an umpire.
25. If either party to the reference makes default in appointing an
arbitrator either originally or by way of substitution (in the event
that an appointed arbitrator shall die, be incapable of acting or
refuses to act) for 10 days after the other party has given him notice
to appoint the same, such other party may appoint an arbitrator to act
in place of the arbitrator of the defaulting party.
Governing Law
26. The governing law of this Agreement and all agreements entered
into between Members and the corporation shall be the law of the
sovereign nation of the Seychelles.
EXECUTED as an agreement on the date set out at the commencement of
this Agreement.
SIGNED for and on behalf ) SIGNED for and on behalf )
of ___________________________ ) of APNIC Ltd. by its duly )
by its duly authorised ) authorised representative )
representative )
__________________________________ __________________________________
Full Name Full Name
__________________________________ __________________________________
Position Position
__________________________________ __________________________________
Witness Witness
SCHEDULE
MEMBERSHIP TIERS, FEES AND DESCRIPTIONS
TIER I - Large Registry Member:
A. Annual Membership Fee - US$10,000
B. Description
* Normal priority for service of resource requests
* Normal maintenance of registration information
* Top priority listing in the APNIC Internet service provider
Web page and service provider referrals made by APNIC.
* Invitation to APNIC Member meetings
* Member receives four (4) votes at APNIC Member meetings
TIER II - Medium Registry Member:
A. Annual Membership Fee - US$5,000
B. Description
* Normal priority for service of resource requests
* Normal maintenance of registration information
* Medium priority listing in the APNIC Internet service
provider Web page and service provider referrals made by APNIC.
* Invitation to APNIC Member meetings
* Member receives two (2) votes at APNIC Member meetings
TIER III - Small Registry Member:
A. Annual Membership Fee - US$2,500
B. Description
* Normal priority for service of resource requests
* Normal maintenance of registration information
* Low priority listing in the APNIC Internet service provider
Web page and service provider referrals made by APNIC.
* Invitation to APNIC Member meetings
* Member receives one (1) vote at APNIC Member meetings
TIER IV - Enterprise Registry Member:
A. Annual Membership Fee - US$1,500
B. Description
* Enterprise membership is intended for organisations which do
not intend to sub-delegate resources allocated by APNIC to
organisations outside the Member's corporate body. As such,
this category of membership is generally limited to
organizations which do NOT provide Internet connectivity
services.
* Normal priority for service of resource requests
* Normal maintenance of registration information
* Invitation to APNIC Member meetings
* Member cannot vote at APNIC Member meetings
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