“Appointment”

means the appointment of MASB in accordance to the terms and conditions herein appearing, subsequent amendments as agreed in writing and counter-signed by both Parties, subsequent extensions/renewals thereto in writing and such other documents which are expressly agreed to form part of this Appointment;

“Commencement Date”

means date of creation of the domain name registered through Registrar or upon the date of the domain name successfully transferred to Registrar;

“Confidential Information”

means all oral and written information of any kind submitted by either Party to the other for purposes relating to this Appointment, whether in electronic printed or whatsoever format, irrespective of whether such information were disclosed before or after the Commencement Date or whether they were labeled as “confidential” at the time of disclosure;

“Force Majeure”

means an act, omission or circumstance relied on by either one Party hereto over which that Party could not have reasonably exercised control, including but not limited to acts of God, acts of government / authorities, new or amending regulations imposed after the date of this Appointment, general strikes, fire, lockouts, riots, war, epidemics, earthquakes and other natural disasters;

“Intellectual Property”

means at any given point in time, all of the following and all rights in, arising out of, or associated therewith: (i) all trade secrets, know-how, proprietary information, technical data, improvements, technology, documentation, designs, specifications, protocols, files, records, databases, compositions, processes, models, research and development data, confidential information, and production processes and techniques, research and development information, improvements, proposals, and technical data; (ii) all copyrights,  copyright registrations and applications therefore and all other rights corresponding thereto throughout the world; (iii) trademarks, trade names, service marks, service names, trade dress, logos, Internet web site graphics, and corporate names, together with all goodwill associated therewith and including, without limitation, all translations, adaptations, combinations and derivations of each of the foregoing; (iv) any similar, corresponding or equivalent rights to any of the foregoing anywhere in the world; and (v) all copies and tangible embodiments of the foregoing (in whatever form);

“Parties”

means the Registrant and MASB collectively and “Party” means any one of them;

• .asia gTLD
• .my ccTLD
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• .jp ccTLD
• .de ccTLD
• .mm ccTLD

• is available to the public other than as a result of a disclosure by either party or its employees, directors or shareholders; or
• becomes available to either Party on a non-confidential basis from a source other than the other Party who is not under a known obligation of confidentiality; or
• was demonstrably known to either Party on a non-confidential basis prior to disclosure by the other Party; or
• is required by any governmental, regulatory authority, court order or law representatives who represent client that filed or preparing to file a lawsuit in which case the disclosing Party shall be given the right to comment on the proposed disclosure of confidential information prior to such disclosure.

• if the other Party commits any material or continuing breach of any of the provisions of this Appointment and, in the case of such a breach which is capable of remedy, fails to remedy the same within fourteen (14) days after receipt of a written notice giving particulars of the breach and requiring it to be remedied;
• if the other Party goes into liquidation, whether compulsorily or voluntarily, (unless the liquidation is for the purposes of reconstruction or amalgamation and the company resulting from such reorganisation effectively agrees to be bound by and to assume all the obligations imposed on that other Party under this Appointment);
• if the other Party makes an assignment for the benefit of its creditors or enters into a composition with its creditors;
• if the other Party ceases to carry on its business.

• if the Registrant transfers the domain from MASB to a third party or causes the domain to be deleted before the expiry of the registration term.
• if MASB establishes that the domain name and/or the contents posted on the web site accessible through the domain name contravenes any applicable law or any country.

• the Parties hereto shall promptly settle all payment and other sums due to the other under the terms of this Appointment;
• the Parties hereto shall cooperate with each other to do all things reasonably necessary to bring the arrangement under this Appointment to an effective and expedient end;

• if sent by hand to the address hereinabove stated, upon acknowledgement of receipt thereof;
• if sent by prepaid recorded delivery (registered post, courier, etc.) to the address hereinabove stated, within two (2) days of dispatch;
• if sent by facsimile to the following fax numbers of the other Party, upon successful completion of transmission as evidenced by a transmission report generated by the transmitting equipment; or
• if sent by email to the Registrant contact, upon successfully sent without bounce back and received confirmation of the email being read

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