Network Agreement

The Plane Exchange Network, hereafter referred to as "network" agrees to provide advertising/website space and services to the Member, subject to the following:

1. Becoming a Member. A person or entity may become a Member by completing this online registration process. Once your membership/subscription has been activated, you will receive a username and password to login The Plane Exchange Network website. Your account representative will give you an orientation, making sure you fully understand how to add/modify your listings and set up your Broker homepage. The Plane Exchange Network reserves the right to refuse service to anyone. The Member agrees that they will be bound by the Agreement as it now exists or as it may be amended from time to time as provided for in this.

2. Term. This Agreement shall be in full force and effect from the Effective Date as defined in this agreement until Member or the Company terminates the agreement by giving 30 days notice in writing (email and fax acceptable)

3. Use of Website. You may be issued a password to access the Network's propriety services. By accepting the password, the Member agrees to limit the distribution of that password to authorized users within the Members organization only. Distributing the password to third parties or allowing unauthorized access is expressly prohibited and may result in cancellation of this agreement. The Network retains the right to refuse passwords to any person or business. Any solicitation of the database is expressly prohibited and my result in the cancellation of this agreement.

4. Data. Member acknowledges that all data submitted to the Network is true and correct, to the best knowledge of the Member. Member authorizes Network to publish all photographs and data submitted to Network on www.theplaneexchange.com and all affiliate websites, in emails and any printed advertising created by the Network. Member also authroizes Network to distribute such data to other websites for the purpose of advertising Member's aircraft.

5. Copy and Materials. The Network reserves the right to revise or reject for any reason, at its sole discretion any advertising copy submitted. All advertising materials created by the Network remain the property of the Network and may not be reproduced in any other publication, website or material, without the Network's written consent.

6. Errors. The Network's liability for damages resulting from errors in any advertising that it publishes or failure to publish any advertising that it has agreed to publish shall be limited to the amount it actually received in consideration of its agreement to publish the advertisement in question. The Network shall not be responsible for any special, incidental, or consequential damages suffered by any party resulting from its errors or omissions.

7. Conduct. Member agrees to conduct themselves in an ethical and professional manner and to comply with applicable consumer protection laws and regulations concerning the sale of aircraft. Unethical or illegal conduct is grounds for immediate termination.

8. Indemnification. The Member accepts all liability for the content of all advertising supplied by it. The Member warrants to the Network that its copy is true, that it is not libelous or defamatory, that it violates no rights of privacy, that it infringes on no trademark, copyright, literary or other right, nor constitutes unfair compensation with any other party, and that it complies with all Federal, State and Local laws and regulations. The Member agrees to condemn, indemnify and hold harmless the Network of all claims, demands, liability, suits, cost or expense, arising by reason of the publication of the Members advertisement or breach of the foregoing warranty, whether such claims are grounded or not.

9. Inability to perform. Neither party shall be required to perform any term or condition so long as such performance is delayed by computer, telecommunications, or other system outages, or force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any government authority, civil riot, floods, and any other cause not reasonable within the control of the performing party and which, by due diligence, such party is unable, wholly or in part to prevent and overcome.

10. Payment. Member agrees to pay all amounts in U.S. dollars to the Network. If payment is not received within thirty (30) days of the start of the service, the Network may, at its discretion, cancel the Members future advertising, and charges for all prior advertising used by the Member will become immediately due and payable, in addition to other charges or legal costs provided herein. Following thirty (30) days written notice, Network may modify its fees. Member will have the option to continue service at the new rate or terminate this Agreement in writing by email or fax.

11. Service Charge. A service charge of 1.5% per month (18% per year) or the maximum rate allowed by law, will be applied to all past due balances.

12. Attorney and Collection Fees. If for any reason payment is not made in full when due, the Member agrees to pay any and all Attorney and Collection fees, and any Court cost incurred by the Network for any court action related to this advertising contract.

13. Termination for Cause. The Plane Exchange Network may terminate this Agreement by notice to Member in the event that Member should fail to materially perform any act required by this Agreement, or otherwise breach any covenant or agreement herein. If such a failure or breach shall occur, The Plane Exchange Network will provide in writing to the Member a description of the breach.

14. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Montana.