0001266454-06-000322 Sample Contracts

MICROSOFT SERVICES PROVIDER LICENSE AGREEMENT AMENDMENT
Microsoft Services Provider License Agreement • July 5th, 2006 • Vitalstream Holdings Inc • Services-business services, nec

This amends the Microsoft Services Provider License Agreement ("Agreement") identified above between VitalStream, Inc. and Microsoft Licensing, GP ("Microsoft") as of the effective date identified below. Any terms that are used but not defined in this amendment will have the same meaning as in the Agreement. Italicized text is used in this amendment for the sole purpose of highlighting textual changes to existing terms of the Agreement.

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Certain portions of this exhibit have been omitted pursuant to Rule 24b-2 and are subject to a confidential treatment request. Copies of this exhibit containing the omitted information have been filed separately with the Securities and Exchange...
Server License Agreement • July 5th, 2006 • Vitalstream Holdings Inc • Services-business services, nec

This Amendment No. 5 (“Amendment”) to the Macromedia Flash Communication Server License Agreement by and between VitalStream, Inc., a Delaware corporation with its principal place of business at One Jenner, Suite 100, Irvine, California 92618 (“Licensee”) and Adobe Systems, Incorporated (“Adobe”) (as successor to Macromedia, Inc.), a Delaware corporation, with its principal place of business at 345 Park Avenue, San Jose, CA 95110, is effective as of December 30, 2005 (the “Amendment Effective Date”).

TAP Framework Participation Agreement
Participation Agreement • July 5th, 2006 • Vitalstream Holdings Inc • Services-business services, nec • Washington

Microsoft Corporation ("Microsoft") and you (as identified in the signature box below) hereby agree to the following terms for your participation in Microsoft's Technology Adoption Programs ("TAP") framework:

Microsoft Certified Partner Number (Services Provider to complete) Agreement Number (Microsoft to complete)
Services Provider License Agreement • July 5th, 2006 • Vitalstream Holdings Inc • Services-business services, nec • Washington

This Agreement and attached documents must be sent to Microsoft (as specified below) for processing and approval. If the Agreement is approved, Microsoft will sign the Agreement and send you a fully executed original. The Effective Date of this Agreement will be the date Microsoft signs the Agreement after execution by you as specified below. Each party agrees to notify the other in accordance with Section 16(d) if the information below changes during the Term.

MICROSOFT .NET CONNECTED LOGO LICENSE AGREEMENT
Logo License Agreement • July 5th, 2006 • Vitalstream Holdings Inc • Services-business services, nec • New York

This Logo License Agreement (“Logo Agreement”) is made and entered into by and between Microsoft Corporation (“Microsoft”), and (“Licensee”), the individual or entity who agrees and accepts the following terms and conditions of this Agreement by typing their name, and clicking “I Accept” below.

MICROSOFT .NET CONNECTED LOGO PROGRAM TESTING AGREEMENT
Testing Agreement • July 5th, 2006 • Vitalstream Holdings Inc • Services-business services, nec • Washington

This Microsoft .NET Connected Logo Program Testing Agreement (the "Agreement") is by and between MICROSOFT CORPORATION, a Washington corporation ("Microsoft"), and the individual or entity who agrees and accepts the following terms and conditions of this Agreement by typing their name and clicking "I Accept" below ("Company''). The date upon which this Agreement takes effect is the date Microsoft counter accepts this Agreement (the "Effective Date"). Microsoft and Company may be referred to herein individually as a "party" or collectively as the "parties."

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