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                                                                                                                                                                   ABN 38 210 391 032

                           expresslogix »»»
                                       simpli fyin g eBu si ne ss
                                                                                                                                                                   PO Box 566
                                                                                                                                                                   REDCLIFFE QLD 4020 Australia
                                                                                                                                                                   Tel : 1300-736-297
                                                                                                                                                                   Fax : 07-3503-9303

                                                                NON-CREDIT RESELLER APPLICATION FORM
                          Business trading name                                                                  Date established
Business Details

                          Registered business name (if different from trading name)                              Web site

                          Registered business street address                                                     City                                      State              Postcode

                          Main business phone                                   Main business fax                                         Other secondary phone

                          Australian Registered Business Number (ABN)           ACN                                                       Business type (partnership, Pty Ltd, sole trader, etc..)

                          Title           First Name                                                              Surname
Contact Details

                          Position                                                                   email address

                          Address                                                                    City                                                  State              Postcode

                          Phone                                                 Fax                                                            Mobile

                          Title           First Name                                                              Surname
Billing Details

                          Position                                                                   email address

                          Address                                                                    City                                                  State              Postcode

                          Phone                                                 Fax                                                            Mobile

                                                                                      THREE TRADE REFERENCES REQUIRED
Trade References

                                     Company/Business name                history                       Contact                                   Phone                              Fax

                          Years in business                  < 6 months         6-12 months                 1-2 years                2-5 years               5-10 years         > 10 years
                                                             Sales/marketing             Technical/development              Graphical design                 Total number
                          Number of employees
Description of business

                          Gross annual revenue               < $100,000         $100k - $250k               $250k - $500k            $500k - $1m             $1m - $2m          > $2m

                          Please tick the type(s) that best describes your business expertise

                                     Web development                                    Content development                                        Project management

                                     Graphic design                                     Training                                                   Document management

                                     Web hosting                                        Technical Support                                          Education solutions

                                     Systems Integrator                                 Independent advisor                                        Government solutions
                                     Software/Hardware sales/retailer                   Content management

                                                                                                    Page 1 of 3
                                                                                                                                                         ABN 38 210 391 032

expresslogix »»»               simpli fyin g eBu si ne ss
                                                                                                                                                         PO Box 566
                                                                                                                                                         REDCLIFFE QLD 4020 Australia
                                                                                                                                                         Tel : 1300-736-297
                                                                                                                                                         Fax : 07-3503-9303

                          What is your average customer’s budget per project?                              $1k - $5k         $5k - $10k              $10 - $50k       > $50k

                          Other companies you partner with

                                     Microsoft                                             Vignette                                       Oracle

                                     Sun                                                   Documentum                                     ePrice

                                     IBM                                                   Reddot                                         Stellant
                                     Sybase                                                Macromedia
Description of business

                          Which products are you interested in selling?

                                     CMS100                                                CMS400.NET                                     eWebEditPro+XML

                                     CMS200                                                eMPower                                        eWebWP

                                     CMS300                                                eWebEditPro                                    WebImageFX

                          What do you predict as your 12 months sales forecast?
                          (List estimate of product(s) and number of units, not dollar amount)

                          Identify your geographical coverage

                           Inside Australia             NSW                         SA                   Outside Australia    New Zealand                     Indonesia

                                                        VIC                         WA                                        Hong Kong                       Japan

                                                        QLD                         TAS                                       Singapore                       South Pacific
                                                        ACT                         NT                                        Bangkok

                           Reason for becoming a reseller
                          Provide any additional information or comments to support your application
Additional Information

                                                                                                       Page 2 of 3
Terms of supply                                                                                         Services or any delay or other failure in supplying any Products or
The following are the terms on which ExpressLogix will supply, and Customer must                        Services or these Terms of Supply.
acquire, products including computer hardware, software and components                     7. Risk and title
(Products) and related services including maintenance and support (Services).              Risk in the Products passes to Customer when the Products are delivered to
Customer acknowledges that ExpressLogix has entered into and is bound by                   customer's premises and title to the Products passes to Customer on payment by
distributorship agreements with suppliers of Products (Suppliers).                         Customer of the purchase price for those Products and all delivery and insurance
1. Ordering                                                                                costs in relation to the Products.
1.1. Customer may order the Products and Services from ExpressLogix from time              8. Indemnity
        to time by completing, executing and sending to ExpressLogix a purchase            8.1. Customer indemnifies ExpressLogix, its employees, agents and
        order (Order). In placing an Order, Customer agrees to be bound by these                  subcontractors against all losses, damages, expenses and costs (on a full
        Terms of Supply and agrees that if there is any inconsistency between the                 indemnity basis and whether incurred by or awarded against any of them)
        Terms of Supply and an Order, the Terms of Supply will govern to the extent               that any of them may sustain or incur as a result, whether directly or
        of any inconsistency.                                                                     indirectly, of any Claim.
1.2. The supply of Products by ExpressLogix to Customer is subject to the                  8.2. For the purposes of these Terms of Supply, "Claim" means any claim by any
        continued existence of distributorship agreements with its Suppliers and on its           third person for loss or damage to any property, injury to or death of any
        Suppliers' ability to supply sufficient quantities and types of Product to                person or economic loss arising out of or relating to any or all of the Products
        ExpressLogix.                                                                             or Services, any delay or failure in supplying the Products or Services and
2. Payment                                                                                        these Terms of Supply.
2.1. The purchase price of Products is as set out in ExpressLogix's most recent            9. Non Returnable Products
        price list at the time Customer orders Products from ExpressLogix, Freight,        9.1. All sales are considered to be final, unless otherwise agreed in writing by an
        handling and insurance costs are in addition to the purchase price and will be            authorized representative of ExpressLogix.
        shown separately on ExpressLogix invoices.                                         9.2. ExpressLogix will supply certain Products on a 'No Returns Basis'.
2.2. ExpressLogix may alter any prices of Products without prior notice to                 9.3. The expression 'No Returns Basis' means that ExpressLogix will not accept
        Customer.                                                                                 returns unless required under law or by agreement.
2.3. ExpressLogix will invoice Customer for amounts due at the times specified in          9.4. To the extent permitted by law, ExpressLogix reserves the right to apply the
        the Order, specifying how those amounts are calculated.                                   No Returns Basis policy to all promotional or sale product(s) as it deems
2.4. Customer must pay each ExpressLogix invoice within the period specified in                   necessary.
        ExpressLogix's payment terms with Customer.                                        9.5. Product supplied on a ‘No Return Basis’ cannot be returned to ExpressLogix
2.5. ExpressLogix may charge Customer interest on any overdue amount,                             unless the product is faulty and is within the warranty period provided by the
        calculated daily from the due date until the date of payment, at the interest             manufactured or imposed by statute.
        rate charged by the Commonwealth Bank of Australia to its prime commercial         9.6. Products’ sold on the ‘No Returns Basis’:
        customers on the due date.                                                                (a) All Ektron products.
2.6. Customer must reimburse ExpressLogix for any expenses and charges                     10. General
        incurred by ExpressLogix in attempting to recover from Customer any                10.1. Customer must not use ExpressLogix or Supplier trade marks, names, or
        overdue amounts, including without limitation, debt collection and legal fees.            other intellectual property rights without the prior written approval of
3. Cancellation charges                                                                           ExpressLogix or the relevant Supplier.
If ExpressLogix becomes liable to pay a Supplier's cancellation or rescheduling fee        10.2. Both parties acknowledge that ExpressLogix will supply Products and
due to Customer cancelling an Order, then ExpressLogix may recover those fees                     Services as an independent contractor.
from the Customer.                                                                         10.3. These Terms of Supply contain the entire agreement between ExpressLogix
4. Stock Returns for Credit                                                                       and Customer in relation to its subject matter and supersede all prior
4.1. All returns are subject to a 10% re-stocking fee at the discretion of                        negotiations, agreements, understandings and commitments between
        ExpressLogix.                                                                             ExpressLogix and Customer in relation to that subject matter.
4.2. Products can only be returned to ExpressLogix for credit strictly within 14           10.4. These Terms of Supply are governed by the law applicable in the state of
        days from invoice date even if ExpressLogix is at fault.                                  purchase by Customer of Products or Services and both parties irrevocably
4.3. Returned products can only be credited at the value equivalent to the current                and unconditionally submit to the non-exclusive jurisdiction of the courts of
        market value.                                                                             that state.
4.4. Damaged goods are not eligible for return. Products to be returned must have          10.5. If a dispute arises concerning these Terms of Supply, then the dispute must
        an RMA number clearly visible on the outside of the package (NOT on                       first be referred for mediation in accordance with the Australian Commercial
        original carton, and the product must be unopened and in a re-sellable                    Disputes Centre Mediation Guidelines.
        condition acceptable by ExpressLogix. Any goods that have been written on          10.6. ExpressLogix may subcontract to any person the performance of any of its
        or defaced by the reseller or their courier, will not be eligible for return.             obligations under these Terms of Supply.
4.5. Any goods purchased under special bid pricing, demonstration pricing or
        Clearance list items are not eligible for return.
4.6. Approved RMA’s must be returned to ExpressLogix strictly within 14 working
        days of the RA number being issued or the goods will be declined and
        returned to the customer.
5. Warranty                                                                                Authorisation
All Products purchased from ExpressLogix are covered by the applicable Supplier's          I hereby understand and accept the terms and conditions
warranty. Customer must refer to the warranty details and specified repair period
stated on the Product or in associated documentation. ExpressLogix does not                as set out in the ExpressLogix Terms of Supply
provide any warranties in addition to the Supplier's warranties for that Product.          Agreement. I understand that should the application be
6. Exclusion of liability
6.1. In addition to any applicable legislation, these Terms of Supply state:               approved, failure to comply with the negotiated terms and
        (a) the entire liability of each party to the other; and                           conditions in this document could lead to suspension or
        (b) the extent of each party's liability for any Claim.
6.2. ExpressLogix does not exclude or limit the application of any provision of any
                                                                                           closure of the account.
        statute (including the Trade Practices Act 1974) where to do so would
        contravene that statute or cause any part of this agreement to be void ("Non-
        excludable Condition").                                                             Full name:
6.3. ExpressLogix's total liability to Customer:
        (a) for a breach of an express term of these Terms of Supply is limited to
             refunding the amount paid by Customer for the Products or Services in
             respect of which the breach occurred; and                                           Position:
        (b) for a breach of any Non-excludable Condition (other than one implied by
             s69 of the TradePractices Act 1974 is limited, at ExpressLogix's option,
             to any one of supplying, repairing or replacing, or paying the cost of          Signature:
             supplying, repairing or replacing the Products or supplying again, or
             paying the cost of supplying again the Services in respect of which the
             breach occurred.
6.4. ExpressLogix excludes:                                                                         Date:
        (a) all conditions, warranties and terms implied by statute, general law or
             custom, except any Non-excludable Condition;
        (b) all liability to Customer in contract for consequential or indirect damages
             arising out of or in relation to Products or Services or any delay or other   Upon completion please either leave this document with
             failure in supplying any Products or Services or these Terms of Supply        your ExpressLogix sales representative, or return by fax to:
             even if:
             (i) ExpressLogix knew they were possible; or                                  [61] 7-3503-9303, or mark your envelope with
             (ii) they were otherwise foreseeable, including without limitation, lost      “New Accounts” and mail to:
                   profits and damage suffered as a result of claims by any third
                   person, such as a customer of Customer; and                             ExpressLogix, PO Box 566, REDCLIFFE QLD 4020
        (c) all liability to Customer in tort (including without limitation, negligence)
             and bailment for acts or omissions of ExpressLogix, its employees,            Allow at least 48 hours for processing of non-credit applications.
             agents and subcontractors arising out of or in relation to Products,

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