AT&T Dynamic Traffic Management Attachment Last Revised 2/12/16 1. General. Pursuant to the terms and conditions of the Agreement (including, without limitation, this Attachment), AT&T will provide Customer with one or both of the AT&T Dynamic Traffic Management ( ADTM ) solutions for Customer s qualified CRU lines of service, as described more fully in this Attachment: (a) ADTM Enterprise, or (b) ADTM Public Safety. Each CRU line may be provisioned with only one ADTM solution. 2. Description of ADTM Solutions. 2.1 Enhanced Network Experience. Both ADTM solutions use quality of service ( QoS ) network technology to enable qualified customers to receive a differentiated (i.e., enhanced versus best effort ) 4G LTE network experience for Approved Business Application (as defined below) data traffic originated on and traversing over the AT&T-owned domestic 4G LTE network (i.e., excluding microcells and MetroCells, AT&T Wi-Fi service, and roaming partners networks) during times of network congestion. Additionally, the ADTM - Public Safety solution offers priority access to the AT&T-owned domestic 4G LTE network. 2.2 Pricing. Both ADTM solutions are provisioned either as a monthly recurring feature charge that is added to Customer s qualified Wireless Data Service Plan(s) on a per CRU line basis or as part of a Plan that bundles an ADTM solution with AT&T Enhanced Push-to-Talk service on a per CRU line basis. Pricing and additional terms and conditions for the ADTM solutions provisioned as a feature are set forth in the ADTM Sales Information found at www.att.com/abs-addtl-terms, as such Sales Information may be modified by AT&T from time to time, which is incorporated herein by reference. Pricing and additional terms and conditions for the AT&T Enhanced Push-to-Talk with AT&T Dynamic Traffic Management Enterprise Plan and the AT&T Enhanced Push-to-Talk with AT&T Dynamic Traffic Management Public Safety Plan are set forth in the AT&T Enhanced Push-to-Talk Sales Information found at www.att.com/abs-addtl-terms, as such Sales Information may be modified by AT&T from time to time, which is incorporated herein by reference. 3. ADTM Eligibility Requirements. In order to qualify for an ADTM solution, Customer must at all times (a) be in compliance with the Agreement, and (b) meet the eligibility requirements set forth below. 3.1 General Requirements. 3.1.1 AT&T Commercial Connectivity Service. Both ADTM solutions are offered as an enhancement to select AT&T Commercial Connectivity Service ( CCS ) solutions, which are services under which AT&T establishes an APN and grants a Connection Right to facilitate wireless communications to and from the Customer s CRUs and/or 4G LTE-enabled Equipment using a Host Application. Accordingly, unless Customer selects an ADTM solution offered via the AT&T Enhanced Push-to-Talk with AT&T Dynamic Traffic Management Enterprise Plan or the AT&T Enhanced Push-to-Talk with AT&T Dynamic Traffic Management Public Safety Plan, Customer must also have, and maintain compliance with the terms and conditions set forth in the corresponding online Attachment for, one of the following qualified 4G LTE CCS solutions, which is incorporated herein by reference: CCS Custom APN CCS Dedicated APN CCS Network VPN; or CCS IP enabled PVC AT&T Dynamic Traffic Management Attachment (021216) Page 1 of 5
Customer understands and agrees that: (a) except in the case of qualified CRU lines provisioned with the AT&T Enhanced Push-to-Talk with AT&T Dynamic Traffic Management Enterprise Plan or the AT&T Enhanced Pushto-Talk with AT&T Dynamic Traffic Management Public Safety Plan, each qualified CRU line must use Customer s CCS APN in order to take advantage of an ADTM solution; (b) each Approved Business Application is a Host Application for purposes of Customer s CCS solution; and (c) all AT&T rights and remedies and Customer obligations set forth in the applicable CCS Attachment apply equally to the ADTM solutions and are incorporated herein by this reference. 3.1.2 Approved Business Application. The ADTM solutions are available only for use with Customer s qualified business applications that are used solely in connection with the transmission of Customer s data to and from its qualified CRU lines 4G LTE-enabled Equipment, as determined solely by AT&T (each, an Approved Business Application ). Approved Business Applications may include, without limitation, video calling/conferencing, push-to-talk, dispatch, logistics, command and control, telematics and monitoring applications used by Customer s CRU lines. Customer understands and agrees that ADTM solutions may not be used with, among other things, (a) mobile video transmission applications and (b) applications that transmit data to and receive data from all or substantially all Internet endpoints. Accordingly, for each business application identified by Customer for use with an ADTM solution, Customer must provide AT&T with sufficient information about the application to permit AT&T to determine whether the application is an Approved Business Application. Such information will include, at a minimum, the application name/version, application protocol, destination IP address and destination port. If AT&T confirms that Customer has requested ADTM for an Approved Business Application, Customer will also be required to identify a Customer representative who will be available to assist AT&T, at a mutually agreeable time and upon reasonable prior notice from AT&T, in (a) validating and testing the Approved Business Application as part of the ADTM solution set up, and (b) providing additional technical information and/or requesting any modifications or additions to the Approved Business Application, as described more fully in the applicable CCS Attachment. 3.1.3 Qualified CRU Lines. Except for CRU lines provisioned with the AT&T Enhanced Pushto-Talk with AT&T Dynamic Traffic Management Enterprise Plan or the AT&T Enhanced Push-to-Talk with AT&T Dynamic Traffic Management Public Safety Plan, each CRU line must also have and maintain (a) a Plan for Wireless Data Service that includes a specific data allowance (i.e., unlimited Plans are not eligible) and (b) a 4G LTE-compatible smartphone or data-only device that is provisioned with the Approved Business Application. CRU lines provisioned with an ADTM solution via an AT&T Enhanced Push-to-Talk with AT&T Dynamic Traffic Management Enterprise Plan or AT&T Enhanced Push-to-Talk with AT&T Dynamic Traffic Management Public Safety Plan must have a qualified, 4G LTE-compatible feature phone or smartphone provisioned with AT&T Enhanced Push-to-Talk. 3.2 Additional Requirements for ADTM - Public Safety. The ADTM - Public Safety solution is only available to qualified state and federal public safety and emergency management organizations (e.g., police and fire departments, EMT services departments, and emergency management agencies) that have been assigned one of the following North American Industry Classification System codes: 621910 (Ambulance Services), 922120 Police Protection), 922160 (Fire Protection) or 928110 (National Security). 4. Limitations and Restrictions of ADTM Solutions. Customer understands and agrees that: (a) the ADTM solutions are available only within the Domestic Coverage Area (i.e., the United States, Puerto Rico and the U.S. Virgin Islands) and only for Customer s Approved Business Application data traffic originated on and traversing over the AT&T-owned domestic 4G LTE network; (b) the ADTM Enterprise solution does not provide priority access to the AT&T-owned domestic 4G LTE network; (c) the ADTM solutions do not prioritize Customer s Approved Business Application data traffic ahead of all other data traffic, as other data traffic may receive a similar or higher QoS; and (d) the ADTM solutions do not apply to any data traffic originated on or AT&T Dynamic Traffic Management Attachment (021216) Page 2 of 5
over the Internet. CUSTOMER UNDERSTANDS AND AGREES THAT, IN ADDITION TO THE DISCLAIMERS OF WARRANTY SET FORTH ELSEWHERE IN THE AGREEMENT, THE ADTM SOLUTIONS ARE PROVIDED AS IS AND USE OF AN ADTM SOLUTION DOES NOT GUARANTEE THAT CUSTOMER WILL RECEIVE A DIFFERENTIATED NETWORK EXPERIENCE. 5. ADTM Performance Reporting. AT&T will provide monthly summary reporting showing some or all of the network metrics defined in Section 5.1 below (the Network Metrics ). The specific Network Metrics provided in the ADTM performance reporting will be determined by AT&T in its sole discretion based on application type (i.e., whether the Approved Business Application is a real time interactive application, an application requiring low latency and medium to high throughput, or a machine-to-machine or other application requiring short negotiation in the network) and application Customer understands and agrees that Customer s encryption settings may prevent AT&T from providing some of the Network Metrics that would otherwise have been available in the ADTM performance reporting. Each available Network Metric compares the measured performance of Customer s qualified CRU lines provisioned with an ADTM feature to the estimated best effort performance for data traffic during times of network congestion. The best effort performance is based on the expected behavior of the data traffic without an ADTM solution. 5.1 Network Metric Definitions. In addition to the defined terms found elsewhere in the Agreement, the following definitions apply to ADTM: 5.1.1 Radio Bearer Downlink Throughput is measured as a monthly aggregate of the downlink throughput across the radio-link layer of the AT&T-owned domestic 4G LTE network during times of network congestion while utilizing the ADTM feature at the locations and times used by Customer. 5.1.2 Radio Bearer Uplink Packet Loss is measured as a monthly aggregate of the uplink packet loss across the radio-link layer of the AT&T-owned domestic 4G LTE network during times of network congestion while utilizing the ADTM feature at the locations and times used by Customer. 5.1.3 Real Time Transport Protocol (RTP) Uplink Jitter is measured as a monthly aggregate of the uplink jitter for all of Customer s RTP traffic during times of network congestion while utilizing the ADTM feature. The metric measures the jitter for data sent using the RTP 5.1.4 Real-time Transport Protocol (RTP) Uplink Packet Loss is measured as a monthly aggregate of the uplink packet loss from all of Customer s RTP traffic during times of network congestion while utilizing the ADTM feature. The metric measures the packet loss for data sent using the RTP 5.1.5 Transmission Control Protocol (TCP) Downlink Packet Loss is measured as a monthly aggregate of the downlink packet loss for all of Customer s TCP traffic during times of network congestion while utilizing the ADTM feature. The metric measures the packet loss of data over the TCP 5.1.6 Transmission Control Protocol (TCP) Downlink Throughput is measured as a monthly aggregate of the downlink throughput for all of Customer s TCP traffic during times of network congestion while utilizing the ADTM feature. The metric measures the throughput of data over the TCP 5.1.7 Transmission Control Protocol (TCP) Mobility Network Latency is measured as a monthly aggregate of latency for all of Customer s TCP traffic during times of network congestion while utilizing the ADTM feature. The mobility network latency includes the round-trip path from the AT&T-owned domestic 4G LTE network gateway to Customer s Equipment. AT&T Dynamic Traffic Management Attachment (021216) Page 3 of 5
5.1.8 Transmission Control Protocol (TCP) Uplink Packet Loss is measured as a monthly aggregate of the uplink packet loss from all of Customer s TCP traffic during times of network congestion while utilizing the ADTM feature. The metric measures the packet loss for data over the TCP 5.1.9 Transmission Control Protocol (TCP) Uplink Throughput is measured as a monthly aggregate of the uplink throughput realized for all of Customer s TCP traffic during times of network congestion while utilizing the ADTM feature. The metric measures the throughput of data over the TCP 5.1.10 User Datagram Protocol (UDP) Downlink Throughput is measured as a monthly aggregate of the downlink throughput for all of Customer s UDP traffic during times of network congestion while utilizing the ADTM feature. The metric measures the throughput of data over the UDP 5.1.11 User Datagram Protocol (UDP) Uplink Throughput is measured as a monthly aggregate of the uplink throughput for all of Customer s UDP traffic during times of network congestion while utilizing the ADTM feature. The metric measures the throughput of data over the UDP 5.2 Delivery. The ADTM performance reports will be made available electronically to Customer via the AT&T Premier web portal (or, if applicable, the AT&T Enterprise on Demand ( EOD ) web portal) through which Customer and its authorized representatives place orders and manage Customer s wireless account(s) in accordance with the terms and conditions of the Agreement, including without limitation the AT&T Premier Attachment (or, if applicable, the EOD Attachment). Reports will be made available within 45 days after the end of each month. 5.3 Modifications; Termination. Customer understands that AT&T s wireless network is evolving and that technology changes may impact the descriptions of the Network Metrics (i.e., the measurement calculations). Accordingly, AT&T reserves the right to modify and/or discontinue the ADTM performance reporting at any time, for any reason, upon notice to Customer. 5.4 Confidentiality. Notwithstanding the Confidentiality provision set forth in the General Terms and Conditions portion of the Agreement, Customer acknowledges and agrees that the Network Metrics and the performance reports to be provided pursuant to this Attachment constitute AT&T s highly sensitive, confidential and proprietary network information (the AT&T Confidential Information ). Accordingly, Customer shall, for a period of three (3) years following its disclosure to Customer: (a) hold the AT&T Confidential Information in confidence; (b) use the AT&T Confidential Information only for purposes of this Section 5.4; and (c) not disclose the AT&T Confidential Information to third parties without AT&T s prior written consent, except that Customer may disclose the AT&T Confidential Information (i) to its employees, agents and contractors having a need-to-know (but only if such agents and contractors are not direct competitors of AT&T and agree in writing to use and disclosure restrictions as restrictive as this Section 5.4), or (ii) to the extent authorized to be revealed by law, government authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice if provided to AT&T to the extent practicable and not prohibited by law, government authority or legal process). CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY BREACH OR THREATENED BREACH OF THIS SECTION 5.4 IS LIKELY TO CAUSE AT&T IRREPARABLE HARM FOR WHICH DIRECT MONEY DAMAGES MAY NOT BE SUFFICIENT OR APPROPRIATE. CUSTOMER THEREFORE AGREES THAT THE LIMITATION OF LIABILITY REGARDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, AND SPECIAL DAMAGES CONTAINED IN THE GENERAL TERMS AND CONDITIONS PORTION OF THE AGREEMENT DOES NOT APPLY TO ANY BREACH OF THIS SECTION 5.4 BY CUSTOMER. IN ADDITION, AT&T IS ENTITLED TO RECEIVE INJUNCTIVE OR OTHER EQUITABLE RELIEF TO REMEDY OR PREVENT ANY BREACH OR THREATENED BREACH OF THIS SECTION 5.4. AT&T Dynamic Traffic Management Attachment (021216) Page 4 of 5
6. Miscellaneous. 6.1 Advanced Solutions Care - Help Desk. AT&T will provide ADTM solution-related support to Customer s designated ADTM representative through the AT&T Advanced Solutions Care Help Desk during normal hours of operation (i.e., 9 AM ET to 9 PM ET daily). 6.2 Product Change or Discontinuation. Notwithstanding anything to the contrary elsewhere in the Agreement, AT&T may modify the pricing and/or terms of, or discontinue offering or providing, either ADTM solution at any time for any reason upon at least 30 days written notice to Customer. 7. Incorporation of Agreement. The terms, conditions and defined terms set forth in all documents comprising the Agreement (including, without limitation, this Attachment) apply throughout all such documents. In the event of any expressly conflicting provisions between this Attachment and the remainder of the Agreement, the terms and conditions of this Attachment control but only with respect to the subject matter of this Attachment. AT&T Dynamic Traffic Management Attachment (021216) Page 5 of 5