Frontier Airlines 2006 Annual Report Download - page 183

3. Prior Approval of United. Contractor agrees that it will not use (or attempt to register) any United trade name or
service mark, including, but not limited to, the names “UNITED AIR LINES, INC.,” “UNITED AIRLINES,” or “UNITED,” or
United’s logo in any advertising, or other document or material without first obtaining United’s prior approval of each such use.
I. AUTOMATION
1. Use and Protection. When Contractor uses internal United Apollo Services automation, Contractor agrees to comply
with and abide by all terms and restrictions imposed by United on the use of Apollo Services and associated Automation Equipment,
as defined below. Contractor agrees that all instructions, procedures and manuals provided by United in connection with Contractor’s
use of Apollo Services and Automation Equipment (“Automation Information”) are and will remain the property of United. Contractor
acknowledges that Apollo Services contains software, which is confidential and proprietary information of United or its affiliates
(such as Galileo International) or any successor thereto. Contractor further agrees that it will not (or cause any third party to)
duplicate, copy or otherwise reproduce any such software or Automation Information or furnish or disclose any such software or
Automation Information to any other party or to Contractor’s employees other than such employees who have a need to know and
who are aware of and understand the confidential and proprietary nature of the software and Automation Information unless mandated
by the government.
2. Installation and Training. United shall install or cause to be installed a minimum of one terminal plus associated
equipment for printing messages, data, air tickets, boarding passes and baggage tags (“Automation Equipment”) at Contractor’s
airport locations and selected administrative locations. United will determine, in the exercise of its sole discretion and judgment, the
necessity and feasibility of installing and upgrading Automation Equipment, so long as the quantity and quality of Automation
Equipment installed at Contractor’s airport locations are sufficient to permit Contractor to satisfy the standards for Contractor’s United
Express Services under this Agreement. Any and all modifications, enhancements, improvements or developments pertaining to the
Automation Equipment, or other new related technology, may be made available to Contractor by United, in its sole discretion, under
terms and conditions to be determined by United on a case-by-case basis. United will train Contractor’s instructors, as applicable, in
the proper use of Apollo Services and Automation Equipment as described in the Customer Service/Reservations Handbook or any
other related United guidelines. Contractor agrees to establish a training program with internal instructors. Only qualified personnel
who have satisfactorily completed a United prescribed training program will be permitted to operate any Automation Equipment
(hereinafter “Designated Users”). United may, at its discretion, monitor or test the proficiency level of Designated Users. If United
determines that their proficiency levels are insufficient for the proper use of the Automated Equipment or Apollo Services, then
Contractor must arrange for its Designated Users to undertake any further training which United determines necessary to bring such
Designated Users to the desired proficiency level.
3. Standards of Use.
a. To maintain an effective interconnection between Apollo Services and the Automation Equipment and to prevent
misuse thereof, when Contractor uses Apollo Services and the Automation Equipment, Contractor must use and operate these (a) in
strict accordance with operating instructions provided by United or its affiliates in the Customer Services Policies and Procedures,
United’s Computer Security Regulations, and any other related United or affiliate guidelines, and (b) solely for the performance of the
specific business functions designated by United. Any undesignated business use and all non-business uses are strictly prohibited.
Prohibited uses include, but are not limited to, personal messages, servicing subscribers, travel agencies, or any other third party,
training any other party or any other use designated as prohibited in the Apollo Services Manual. Contractor will maintain a list of all
employees and agents who have access to Apollo Services and their assigned file numbers and passwords. United may at any time
deny access to Apollo Services to any employee of Contractor if such employee is found by United to have abused Apollo Services or
the Automation Equipment. Contractor will take all precautions necessary to prevent unauthorized operation or use of Apollo Services
and the Automation Equipment.
b. Contractor will not alter or change the Apollo Services display as provided by United or its affiliate without the
written consent of United. Contractor may not provide Apollo Services or its database to any other person or entity without the written
consent of United.
c. Except as expressly permitted in this Agreement or other written agreement with United, Contractor will not cause
any Apollo Services (including, but not limited to, its software, data bases, intellectual property, and customer information) to be used
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠