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Amber Networks Wireless Revenue Program | Registration



General Information
First Name	Last Name	Email ID
Address	ZIP Code	Company

Property Location Information
Address	ZIP Code	Property Type

Number of 5-year Terms
Wireless Revenue Program Compensation Options
$3,000Free WiFi PackageFree Cell Phone ServiceFree DSL Internet Service Free Cable Internet ServiceFree Satellite RadioFree Satellite TV
Enter the service provider name in your local area

Preferred Stealth Wireless Structure
PayphoneCupolaEmergency Phone KioskFlagpole & Rock Potted TreeCabinetEmergency Safety Bollard Other

Master Marketing and Operations Agreement This Master Marketing and Operations Agreement (“Agreement”) dated as of the later of the signature dates below (the “Effective Date”) is entered into between [name of Space Provider], having a mailing address of [mailing address], (“Space Provider”); and Amber Networks, a division of PUBLIC WIRELESS, INC., a Delaware corporation, having a mailing address of 1325A McCandless Drive, Milpitas, CA 95035 (“Amber”). 1. Application of Agreement This Agreement applies to the promotion and use of all of Space Provider’s owned, leased, managed or licensed properties by Amber. Amber intends to construct and maintain on such properties wireless and sensor applications and market such locations to third parties. The terms of this Agreement apply to all Space Provider properties unless otherwise stated to the contrary within a single Site Agreement in which case the Site Agreement for the specific associated property controls the terms of the Agreement. If any aspect of this Agreement is unenforceable, the remainder of this Agreement shall be binding upon both the Space Provider and Amber. 2. Promotion of Properties Space Provider will provide Amber a list (updated annually) of properties to which it has rights (i.e., owned, leased, managed or licensed) and wishes Amber to market for wireless services, and will allow Amber to promote these properties to Amber’s customers. 3. Operations, Use, and Process Within 15 days of site selection and notification by Amber to Space Provider, Space Provider will approve the deployment of communications equipment (“the Equipment”) at a specific site by the completion, execution and return of a Site Agreement (in the form attached as Exhibit 1) to Amber. With the execution of a Site Agreement by Space Provider, Amber is granted a leasehold by Space Provider for the space described in the Site Agreement and has the rights to deploy and use such space for the “Permitted Use” as well as any necessary additional space for cable, telco, power, etc. to operate Amber’s site on the property for the length of the term (as defined in section 6, “Agreement Period”) on an exclusive basis. Space Provider gives Amber the right to apply, either in its or Space Provider’s name, for any necessary permits on behalf of the Space Provider, who will cooperate with Amber in such processes. “Permitted Use” includes any use of the site specifically for third party related wireless or sensor services or applications, in addition to the associated installation, maintenance, repair, replacement, and upgrade of Equipment on Space Provider’s properties. Amber will not use more than 20 square feet of a mutually agreed upon space. Space Provider will not interfere, in any way, with the peaceful operation of the Equipment nor will Amber interfere with Space Provider’s existing use of properties, businesses or communications. The Equipment will remain the property of Amber for the duration and following of the term, and may be removed after the expiration of the relevant Site Agreement within a 60 day period. Amber will restore the site to reasonably the same condition as existed prior to installation. Amber will maintain the Equipment and pay the associated telecommunication costs. Rent paid by Amber includes compensation of electricity, which electricity consumption will not exceed 15 amps and 120 volts. 4. Compensation Amber will provide compensation to the Space Provider as specified in the Site Agreement. 5. Ability to Match Amber has the first right to deploy wireless equipment within any of the properties owned, leased, managed or licensed by Space Provider. Should a third party offer to deploy and compensate the Space Provider for use of its space consistent with the Permitted Use, Amber has the first right upon notification to match the substantiated offer in terms of compensation. Should Amber match the offer, Space Provider will execute and complete the Site Agreement for that site. 6. Agreement Period This Agreement is for a term of 120 months for all properties, beginning on the Effective Date. The initial Site Agreement term for a particular site is as set forth in the Site Agreement for that site. The Site Agreement is unaffected by the expiration or earlier termination of this Agreement. 7. Liability and Insurance Amber will carry the following insurance during the term of the Site Agreement: 1) commercial general liability with a minimum amount of $1,000,000 for bodily injury or death/property damage and 2) workers’ compensation insurance as required by law. Amber and Space Provider agree to indemnify and hold each other harmless from and against any injury, loss, damage or liability resulting from negligence, willful misconduct, or breach of contract. Amber will comply with FCC standards and governmental regulations. 8. Default If either party defaults by violating this Agreement or an executed Site Agreement and fails to cure such default within 30 days after written notice, the other party may exercise all legal and equitable rights resulting from such default. Any executed Site Agreement may be terminated by Amber upon 60 days prior, written notice to Space Provider. 9. Benefits This Agreement and all of the rights granted herein shall run with the properties subject to this Agreement, and shall be binding to the parties’ respective successors, personal representatives and assignees. Space Provider warrants and represents that it has sufficient legal right and authority to execute this Agreement and any executed Site Agreement, to grant the rights granted to Amber in the Site Agreement for the entire term of any executed Site Agreement, and that any executed Site Agreement will not violate any other agreement applicable to Space Provider. 10. Confidentiality This Agreement and any Site Agreements and the details contained within shall be considered confidential and shall only be disclosed to third parties on a need to know basis. 11. Modification of Agreement and Notices This Agreement or any Site Agreements cannot be modified, unless mutually agreed upon in writing and signed by both parties. All communications and notices must be provided via first-class certified or registered mail or by a nationally recognized courier. Further, this agreement overrides any prior agreements with Amber and is binding. An electronic version of this document shall be considered original and will be governed by the laws of the state of California. The parties have executed this Agreement, effective as of the last date written below. SPACE PROVIDER Amber Networks, a division of Public Wireless, Inc. Signature / Date Print Name Position / Title EXHIBIT 1 SITE AGREEMENT This Site Agreement is made as of the latter signature date hereof by and between , (“Space Provider”) and Amber Networks, a division of Public Wireless, Inc., a Delaware corporation (“Amber”), pursuant to the Master Marketing and Operations Agreement dated , between Space Provider and Amber (as the same may be amended from time to time, the “Master Marketing Agreement”) in respect of the following Site. In consideration of the mutual covenants, promises and representations set forth in the Master Marketing Agreement and for other good and valuable consideration which is hereby accepted and acknowledged, the Parties agree to the terms of this Site Agreement. Amber Site Number: __________ Amber Site Name: _________________________ Location: The Site is specifically located within a parcel having a street address of ______________________________________, and within that parcel, the Site is 0 a circle, 0 a square, 0 a rectangle with dimensions of feet by feet, the center of which is a point having a latitude of _________ and a longitude of _________, and being 20 square feet in total. Selected Housing for Communication Equipment: _____________________________ Space Provider Nature of Title to Property: (Check One) 0 Owner 0 Lessee 0 Licensee 0 Property Manager 0 Other (Describe): If other than Owner, a Third Party Consent Form (Exhibit 3) must be completed (Space Provider to return with executed Site Agreement copy of document confirming nature or source of title, control or authority.) Compensation: Within 30 days of the Commencement Date (as defined below), Amber shall pay to Space Provider the amount of , for the initial full term after the Commencement Date including the first partial calendar month, if any, and within 30 days of each subsequently renewed term a like amount. Commencement Date and Initial Term: Commencing on the earlier of (i) the date that the Communication Equipment is completely installed at the Site and is operational or (ii) 18 months from the full execution of this Site Agreement (the earlier date, the “Commencement Date”) and expiring on the last day of the calendar month in which the 5th anniversary of the Commencement Date occurs, provided if the Commencement Date is the first day of a calendar month, then expiring on the day immediately before the 5th anniversary of the Commencement Date Number of Renewal Terms: 5 automatic renewal terms of 5 years each, unless Amber notifies Space Provider at least 60 days prior to the beginning of the upcoming renewal term. Amber Contact for General Site Inquiries: Phone: 1-877-AMBERLS (1-877-262-3757) Email: AmberLocationServices@ambernetworks.net Space Provider Contact for Site Inquiries / Emergencies: Primary Contact: [First Name] [Last Name] [(xxx) xxx-xxxx] [Email] Secondary Contact: [First Name] [Last Name] [(xxx) xxx-xxxx][Email] Notices and Payment Addresses: If to Amber: Amber Networks With a copy to: Amber Networks [Insert Amber Site Number] [Insert Amber Site Number] [Insert Amber Site Name] [Insert Amber Site Name] P.O. Box 1717 1325A McCandless Drive Rancho Cordova, CA 95741-1717 Milpitas, CA 95035 Attention: Property Management Department Attention: Legal Department If to Space Provider: [Company] [First Name][Last Name] [Address] [City, State, Zip] Rent to be paid to 1 Space Provider at Space Provider’s Notice Address or 0 Other. If “Other,” Rent is to be paid to: . Other Terms and Provisions: The parties agree that except as otherwise set forth in this Site Agreement, the terms and conditions of the Master Marketing and Operation Agreement govern the relationship of the parties under this Site Agreement; and the Master Marketing and Operation Agreement is incorporated into this Site Agreement by reference. In the event of a conflict or inconsistency between the terms of the Master Marketing Agreement and this Site Agreement, the terms of this Site Agreement will govern and control. SPACE PROVIDER Amber Networks, a division of Public Wireless, Inc. Signature / Date Print Name Position / Title EXHIBIT 2 APN: County: Site drawing to be determined. It is expressly agreed that the drawing or sketch of the location of Amber’s Communications Equipment as depicted on this exhibit may be subject to review and approval by governmental boards or bodies having jurisdiction over the Site, a unit owners association, and by Amber’s engineering department. Any required revision to the exact location of Amber’s Communications Equipment at the Site will be reflected in a modified Exhibit “2,” which will be submitted to Landlord for its consent, which consent Landlord shall not unreasonably withhold, delay or condition, and upon such consent, will be attached to this Lease and supersede this Exhibit “2.” LANDLORD INITIALS Public Wireless, Inc Authorized Agent Initials …………………………………………………………………… ……………………………………………………… STATE OF CALIFORNIA COUNTY OF On ____________________ before me, ____________________________________________, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. ______________________________________ (SEAL) SIGNATURE OF NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF On ____________________ before me, ____________________________________________, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. ______________________________________ (SEAL) SIGNATURE OF NOTARY PUBLIC EXHIBIT 3 THIRD PARTY CONSENT Reference is made to that certain Site Agreement between (“Space Provider”) and Amber Networks a division of Public Wireless, Inc. (“Amber”) pertaining to Amber Site Number and Amber Site Name . The undersigned is the 0 owner / 0 ground lessor / 0 other (check one) of the property the subject of the Site Agreement and desires to consent to the granting of the leasehold by Space Provider to Amber in order to assure that Amber may have full quiet and peaceful enjoyment of the leasehold granted pursuant to the Site Agreement for the full term thereunder. Accordingly, as an inducement for Amber to execute the Site Agreement and to install and operate certain communication equipment located or to be located at the Site referenced in the Site Agreement, the undersigned hereby irrevocably consents to the granting of the leasehold to Amber by Space Provider pursuant to the Site Agreement and agrees that should the undersigned re-enter, recover or obtain control of the property the subject of the Site Agreement from Space Provider, then the undersigned will honor and abide by the terms of the Site Agreement and not disturb Amber’s possession, control and enjoyment of the Site there under for the remainder of the term of the Site Agreement as if the Site Agreement were executed directly between the undersigned and Amber. This consent is binding upon the heirs, successors and assigns of the undersigned and inures to the benefit of Amber and its successors and assigns. IN WITNESS WHEREOF, the undersigned has executed this Third Party Consent on the date written below. Signature / Date Name Signature / Date Name

Industry Standard Marketing Agreement
By initialing below, I have read and agree to the Terms & Conditions of the Marketing Agreement, and am the owner or have sufficient rights of the property.
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