THIS AGREEMENT is made:

BETWEEN:

MARCOPORT TRADING INTERNATIONAL LTD.
Trading as: MARCOPORT TRADING
Of: UNIT 706, 7/F., SOUTH SEAS CENTRE, TOWER 2, 75 MODY ROAD, TSIMSHATSUI, KOWLOON, HONG KONG.

AND:

THE APPLICANT
(“APPLICANT”)

WHEREAS:

A. MARCOPORT TRADING operates a website at the following website address: www.marcoport.com
B. MARCOPORT TRADING offers its services in order to facilitate:
i. Buyers and sellers of goods in the purchase and sale of services and products (“Product”);
ii. the introduction of sellers to buyers of Product.
C. MARCOPORT TRADING is prepared to permit use of its internet site to facilitate making general information available about the trading activities of Buyers and Sellers and Products available from or sought by them.
D. MARCOPORT TRADING may in its discretion act as a buyer or seller and or as an agent for either buyer or seller.
E. It is the intention of MARCOPORT TRADING to compile a list accessible through a MARCOPORT TRADING website of Product sought by buyers and sellers.

MARCOPORT TRADING and the Applicant agree as follows:

1. The Applicant will submit to MARCOPORT TRADING the Applicant details form (“Registration”) annexed to this Agreement. The form may be sent by e-mail or such other form of communication as MARCOPORT TRADING may from time to time accept.
2. Upon receipt of the Form, MARCOPORT TRADING may then in its absolute discretion, extract or summarise and then make available in a list (“List”) or otherwise such information about the Applicant (“Information”) as it decides in its discretion is appropriate, as part of MARCOPORT TRADING’s website (whether this be by way of a link to another site or in any other manner) or otherwise.
3. The Applicant acknowledges that the said Information about the Applicant made available in any List or otherwise:
i. may only be a summary of such information as MARCOPORT TRADING in its discretion considers relevant;
ii. will not include the name and address and other the Applicant (but may include any such details if MARCOPORT TRADING so decides in its absolute discretion and if the Applicant so consents).
4. The Applicant acknowledges and agrees that MARCOPORT TRADING may in its absolute discretion:
i. refuse to list any information about the Applicant and Product available from or sought by the Applicant on its website; and
ii. subject to clause 3 herein list such information as it deems fit about the Applicant and Product available from or sought by the Applicant.
5. By completing (whether in whole or in part) and submitting the Form to MARCOPORT TRADING, the Applicant agrees it is bound by this Agreement and accepts its terms and conditions.
6. Subject to the Applicant completing in whole or in part the Form, the Applicant hereby permits MARCOPORT TRADING to list Information about the Applicant on the MARCOPORT TRADING website.
7. This Agreement may be terminated by MARCOPORT TRADING at any time without notice whereupon the Applicant’s details may, in MARCOPORT TRADING’s discretion, be removed from the website.
8.
i. The Applicant and MARCOPORT TRADING agree that this Agreement is governed by and subject to the law of the Hong Kong Special Administrative Region of the People’s Republic of China (“Region”) in every particular including (but not limited to) formation and interpretation and shall be deemed to have been made in the said region;
ii. Any proceedings arising out of or in connection with this Agreement shall only be brought in a Court of competent jurisdiction in Hong Kong.
9. There is no representation or warranty by MARCOPORT TRADING that product will be sold or purchased as a result of Information about the Applicant being listed on the website.
10. The Applicant agrees and acknowledges MARCOPORT TRADING may in its absolute discretion publish Information in or on an information medium other than a website (including but not limited to a printed publication or any other medium), or on more than one website, or on substitute websites, or on a website different to the one where the Form appeared or was obtained by the Applicant and the Applicant hereby consents to MARCOPORT TRADING so publishing the Information.
11. All warranties in favour of the Applicant are hereby excluded, save to the extent the law of Hong Kong prevents such exclusion.
12. This Agreement commences on that date the Applicant submits the Form to MARCOPORT TRADING and shall continue for a period of one month (“Term”). Further, unless either party gives the other written notice prior to the end of the Term ending this Agreement, this Agreement shall be automatically renewed from month to month thereafter upon the same terms and conditions set out herein, subject to either party being able to end forthwith this Agreement or any extension thereof by written notice.
13. The Applicant hereby agrees that MARCOPORT TRADING may use any Information it obtains from the Applicant in such manner as MARCOPORT TRADING deems fit and may continue to use it even after termination of this Agreement.
14. The Applicant agrees that it shall keep confidential and not disclose to any person, body, corporation or organisation during the Term of this Agreement and for a period of 12 months after termination of this Agreement, all information (“Information”) it may obtain from MARCOPORT TRADING including but not limited to information regarding any activity or dealing or conduct or business affairs or business methods of MARCOPORT TRADING, clients of MARCOPORT TRADING, and other applicants who have submitted a Form to MARCOPORT TRADING. This confidentiality requirement shall not apply to Information which is in the public domain or which is required by law to be disclosed publicly or to a government agency, or which MARCOPORT TRADING in writing agrees may be disclosed. This clause shall not merge and shall continue to operate even after this Agreement is terminated.
15. Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the validity of the remaining provisions of this Agreement.
16. The address for service of notices upon MARCOPORT TRADING is: UNIT 706, 7/F., SOUTH SEAS CENTRE, TOWER 2, 75 MODY ROAD, TSIMSHATSUI, KOWLOON, HONG KONG, or such other address as MARCOPORT TRADING may notify to the Applicant from time to time.