Cover Letters

FCC ID: PY3ME102RB

Cover Letter(s)

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FCCID_275918

lent By: NETGEAR; 1 408 907 8088; Aug—12—02 /:43PM; rage z AmericanTCB CERTIFICATION APPLCATION Netgear Inc. 4500 Great America Parkway, Santa Clara, CA 95024., USA This TESTING AND CERTIFICATION AGREEMENT(‘Agreement") is nade effective as of the lalter date ofexecution betow, by and between American Telecommunication Certification Body(ATCB) and Netgear Inc., collectively referred to us "the Parttes®, bn consideration ofthe mutual covenants in this Agreement, ATCB orits subcontractors will perform certification inspection services to determine if Applicant‘s device(s) are in compliance with the kaws. regulation d technicat stundards (hereinafter"Cenification Regulations") ofthe natfonal wuthorities specified by Applicant in Schedule A. 1. General 1.1 This Agreementis for the purpose of testing and centificationand applies toall tests, audits, and certifications for the Deviees, and will be performed in accoidance with the Certification Regulations of the natioaal authoritics specified in Schedule A. L2 ATCB retains full discretion to derermine if the Devi s are compliant with the Certficution Regulations of the Countries,. In the event that vertification is not issued for the aforementiunied Devices. ATCB agrees to advise Applicant in writing ofthe reasons therefor. 1.3 This Agreement may not be assigned to or acquired by any other person, firn. orcorporation without ATCB‘s wriiteo nuthorization. 2. Scope of Performance 2.1 ‘The seope ofperfurmanice betweenthe Parties shall be agreedto hy contract. purchase order or other mutwilly agreed—upon schedule or order. 22. ATCB may accept test data tromany ISC/IEC Guide 23 accredited Jaboratory orFCC—Listed Laboratory and evaluate the De es ou the busis of tbis dato. ATCB may also chouse to accept test data frum 150 Guide 25 sceredited liboratonies owned by Applicant 24 If requested forsample purpos s (as required by the FO 1. chent shall supply ATCB. at no charge. with at least one test sumple ofeach Device. including the necessaryperipherals, connecting eables. nc ories or other hardware or softwnte tbereinafier collectively referred to as "support «quipment") requiredfor testing. cvaluation, and assessment. 2.5 Appl t shall supply ATCB, at no charge. with all technical documentation and materials required for the testing. exaluation. and assessiment such Devices aud support equipment. including perfnenttest resulls and centificatex 2.6 Applicant recognizes thit Device samples, including sppon eqiipmeit. mity be dimaged or completely destrayed when subjected 10 ATCBs eguipment and technical documentation. and to work diligeatlyuntil certification is inted or denied. or Applicant decides to abandon testing. evaluation, and assessinent on such Devic 2.8 Upon completionof ing. ovahration. or a ment, ATCB shall advii ied report whether the resulls are Favorable. and what. i y. conditions. limitations ar qualifi tions to the requested Cortification e 29 Applicant a t a tull report i wlible to Applicant only hy special reques und fr the separate charge spevified. 2.10 Where lesting. evaluation. andassersment results in cenification, ATCB shall cenify Applicant‘s equipment as compliant with the laws. regulations and/or standards ofthe Countrics within 30 business days from the date resting. evaluation, and assessment is completed. 2.10.1— Section 2.11 may be dependent upona tinely response by the United States Federal Communications Commission (FCC) orits foreign equivalent. 2.00.2 In the ovent ofprodoet certification, Applicait may reque that ATCB teturn ordestroy Applicants Deviee s: mplets equipment support. and technical documentation. Applicant shall bearall costs associatedwiththe return or destruction of s chequipment t mple(s and suppors equipment. 2.11 Where ing. exaltation. andas sment does not result in centification, ATCB shall provide cost—free storage for such Device sample, support egmpment. and technical documentation for a peiod oot toexeeed 30 days. provided Applicant agrees to re—testing within this peried when notified of the Device‘s failure, 2.12 If Applicant does not collect or accept receipt ofthe Devi apiple(®). support equipment andtechnical documentation, despite ATCR Iniving sent notiee purstant to subseerion 2.12.1. ATCB eeserves theright to dispose of themat Applicant‘s expeise. 2.13 Applicant shall retain all docusvents forwarded to it by ATCB as requiredby the Cenification Regulations of the Countri 2.14 Applicant shall notfy ATCB immediately ofaoy medifications madeor planned in the design or technieal construction of‘a Device, or of any planned or implemented chang in Applicam‘s approved qualityassurance emwhich may render ATCB‘s cemiteation inopplicable to a De ice produced.

lent By: NETGEAR; 1 408 907 80a8; Aug—12—02 7:44PM; Page 3 American TCB CERTIFICA TION APPLICATION 2.14.1 Por Ne e modifications—notified to ATCB undersection 2.14. ATCB will deeile in i good engineering judgment whether additional testing is required in order forthe Device. us modified. to be manufactured orsold underthe cvrtificationoriginally is id 2.142 1f Applicant‘s Device. as modified. does not complywith the Centification Regula us of the Countric, Applicant shall immediately eudeavorto abtuin compliance undorthe same Certification Regulations and sholl, concurrently. removeany refecence tothe original centification indicating ATCB‘s approval or certification, from its Device. as mndified. Applicant also agrees that a newcertificate issued for o Device, as modified. must reference a model identifier number distinet feomthe une used in the certification origmally issued by ATCB. 2. 4.3 Applicant‘s failure to complywith section 2.14. or with the Cortification Regulitions of the Countries. may result in the nullification ofits De cenification. ATCB shall he obliged to notify it Regulatory Agency in the event ofnon—conformance with section 2. 14. UnderFCCRules ATCB mayrevoke a Grant ofEquipment Authorization within 30days of the initial Cerification. Under thee conditions. Applicant‘s certifieation is revocable for cause, whichincludes. but is nut Firpited to, the Following: 2.182.— ATCB is directed to revoke vertification by the PCC orits foreign equivalont. Applicant insiructs ATCB in writing to revoke certification for a Device. Applican Gils to comply with Certification Regulations of the Countries. subject to applicahle regulations. Applicant foils to pay any fe s requiredby this Agreement. Applicant breaches uny ofthe terims. conditions orspecifications listed in this Agreement, 40— "The Applican s a} keep a record of all complaints made known to the supplier relating to i product‘s compliance with the requirements of the relevant standard and to makethese records ovailable to the certification hody when requested: b) take appropriate action with respect to such complaints and uny deficiencies found in products or serv us that affect complinnee with the requirements for certification; ud ¢) document the actions taken. 1 Fur devices for which a Certificate is tssued (FCC Conification. e.g.). the Applicant ugives to ahide by all the Rules and Regulations assocuited with the Centification for atl series—producedequipment covered thereb . The Applicant agre s to ensure that no ecrtificate or report or y part thereofis d in a misleading manner. furibermore. the Applicant shall make elains regurding centification only in respect ofthe scope for whichcerbification has beengmnted. 5. Performance Times and Deadlines 5.1 Any performance Uimes and deadlines sgi red to by ATCB shall he consttied as estimat 6. Conperation 6.1 Applicant shall provide alt cooperatron required of agents or thind purti ill be provided usi i best efforts andat no cost 1o ATCB. 6.2 Applicant shall provide and update Applicant‘s address, phone und Ficsimile numbers. as well as emergency contact information. for sny situation whichmay arise after the close of nomual busine s hours. ATCB ng rees that such information will he held in contidenice. 7. Confidenttality 7. ATCB shall not disclose to third parti s any proprictary rechnical or financiil information morked by Applicant as confideutial without prior written cons nt. provided that ATCB may disclose any information or ditu, confidential, propnetary or otherwise. in the FCCor its foreign eqnivalent, 7.2 Other thin disclosure pursuant io Section 7.1 above, ATCB will inform Applicant of all infomation mirked as confidential mtended to he disclosed to third partie ind will provide Applicant with an opportinityto seek confidential proteetion0ich information. 7.2 Antydocmnents. reports. denwings. lest datn, etc., made available to. produced at the reguest ofor by ATCB may he copfed and retained by ATCB l ne yto the performunce ofthis Agreementor in comphancewith the upplicable Cenification Regulations ofthe Countrnc & Invoicing 8.1 Fees shall he p i in full prio to commenting CerbBication ativity.

ient By: NETGEAK; 1 408 907 8088; Aug—12—U2 7144PM; rage 4 AmericanTCB CERTIFICATION APPLICA TION 9. Lisbility . 9.L Applicant shall hold ATCB harmless and detend ond indemnity ATCB against anyloss. expenise. Hability. or daniago, mcluding ressonable attorney‘s foes. atising out ofany personal injury odumage to property, or other action arising from Applicants Cailureto comply with any United States ur foreign hiws or regulations. or which may result from the performunce. failure of performance, or operation of any equipment tested by ATCH or producedby Applicant in any facility inspected by ATCB. 9. .1 In norevent shall ATCB‘s lubility underthis Agreement exceed the ons!ofits hilled services in Applicant, 10. Dispmes greement shall be goverucd by. construed and enforeed in accordance with the kaws of the United Stales and the State ofVirginia, without regard to conflier of faw principles. Auy controversy, cliim or dispute between the Parties relared to or arising nut of this Agreemeishall be finally seitled by arbitration. conducted on a confidential basis, under the U,S. Arbitration Act. if upplicable. and the then current rules ofthe American Arbitration Association ("Association" strielly in accordance with the terms ofthis Agreementandthe «pplicable laws. All arbitration hearings all be held in Fairtax County. Virginia, The Parties sholl choose an arbiterand if unable to agree. the arbiter shill he chosen by the Association. In any event the arbiter shall have experience and education which qualify him to coinpetently address the specific issues to be designated foratbitration. Bach Party shall bear its own costs ofthe arbitration and one—half of the arbiter‘s costs, The arbiter‘s judgement resutting from the arhitrarion proceedings mast be submitted to the other Party at feast thirly (30) days prior to the Bling uf soch uction. Nether Party shall he excluded from seeking provistonal remedics in the courts of competent furisdiction. including but not Gmited to. temporary restraining orders and preliminary infjuncrions, bnt such remedies shall uot be sought as a means to avaid or stuy arbitration 11. Appeals M In the ase ofan appeal igarding a Rule interpretation, the appropriute governing body l be consulted to resolve or to provide guidance on the ssue, 1L2— In the event of an appeal regurding dismi al or denial ofan application Tor Certification. the submnttor will hive the optiun of providing written j ification fi rev ion: ts written justification mus! be provided within 10 business days of the dite ofthe d ton, ATCB shall review and provide a ruling on this within 10 business duys ofthe date ofthe request. WE AGREE WITH ALL TERMS, CONDITIONS AND SPECIFICATIONS AS STATED IN THIS AGREEMENT AND ITS SCHEDULES. Netgear Inc. (APPLICANT) ny._ MAPIC MQrLLoer— Mark Merrill / CTO & 1%/0+ (Authorized Signature} (Trped Name andTitle} Date AmericanTCB By: (Authorized Signature) (Typed Name andTitle) (Date)

lent By: NETGEAR; 1 408 907 aos8; Aug—12—02 7:45PM; Page 5 se a,, 7 Netgear, Inc. AR 4500 Great America Parkway, anta Clara, CA 95054 Letter of Agency 2002/08/02 American Telecommunications Certification Body, Inc. 6731 Whittier Avenue Suite C110 McLean, VA 22101 To Whom It May Concem: Please be advised that Netgear Inc. authorizes Training Research Co., Ltd. to act on our behalf, until otherwise notified, for applications submitted to American Telecommuynications Certification Body, Inc. (ATCB). We certify that we are not subject to denial of federal benefits, that includes FCC benefits, pursuant to Sceetion 5301 of the Anti—Drug Abuse ACT of 1988, U.S.C, 862. Further, no party, as defined in 47 CFR 1.2002(b), to the applicationis subject to denial of federal benefits, that includes FCC benefits. Thank you for your attention to this matter. MABG_(MBBiin—_ Signature

ient By: NETGEAR; 1 408 907 8088; Aug—12—02 7:45PM; Page 7/13 ol Netgear, Inc. — LA EJ EA R 4500 Great America Parkway, anta Clara, CA 95054 Request for Confidentiality 2002/08/02 American Telecommunications Certification Body, Inc. 6731 Whittier Avenue Suite CH10 McLean, VA 22101 RE : Certification Application FCCID : PY3MEIO2RB Please be advised that the [ollowing information is to be held confidential. * Part List (BOM) * Circuit schematic * Operational Description The application contains technical information, which Netgear Inc. deems to be trade secrets and proprietary, If made public, the information might be used to the disadvantage ofthe applicant in the market place, Thank you for yourattention to this matter. mARit ImnekRuein Signature

ient By: NETGEAR; 1 408 907 8088; Aug—12—02 7:45PM; Page 8/13 m og: ym gs i Netgear, Inc. ETGEAR 4500 Great America Parkway, anta Clara, CA 95054 Manufacturer‘s Letter 2002/08/02 American Telecommunications Certification Body, Inc. 6731 Whittier Avenue Suite C110 McLean, VA 22101 RE : Certification Application FCCID : PY3MEIOZRB To Whom It May Concemn: Plcase be advised that the manufacturer will ensure that the ubove—referenced model will be manufactured in accordance with the FCC Rules and Regulations. Thank you for your attention to this malter. mM¥ imogRiiAa_ Signature


Document Created: 2002-10-09 12:00:04
Document Modified: 2002-10-09 12:00:04
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