Awin | eCreamery Ice Cream & Gifts Affiliate Program

AWIN ADVERTISER AFFILIATE MARKETING AGREEMENT

ACCESS AND ACCELERATE PLATFORM PLANS (SELF-SERVICE)

1. Joining the Network:

1.1 By submitting an Application Form, or by accessing the Interface, the person named in the Application Form (the “Advertiser”), represented by the applicant, is offering to participate in the Network in accordance with the terms of the Application Form, these Standard Terms subject to deviations in section 2 applicable to Access and/or Accelerate Platform Plan (Self-Service) and the Data Processing Addendum (“DPA”) found at https://www.awin.com/gb/legal/advertiser-dpa (together, the “Agreement”).

1.2 Acceptance of the application is subject to the sole discretion of Awin Inc. 167 N. Green St, 4th Floor, Chicago, IL 60607, United States, incorporated in the United States of America with company number 99-0360504 (the “Company”). Acceptance or rejection of the application will be notified to the proposed Advertiser by email.

1.3 On acceptance of the application by the Company, the legally binding Agreement is entered into between the Advertiser and the Company.

1.4 This Agreement prevails over any terms supplied by the Advertiser.

1.5 Any individual entering into this Agreement on behalf of an Advertiser warrants that he or she has full power and all necessary authority to bind that proposed Advertiser to the terms of this Agreement. 1.6 All Fees and Commissions set out in the Agreement are payable by the Advertiser as service recipient and contracting entity.

1.7 Any references to the Insertion Order in the Standard Terms shall be interpreted as references to the Application Form.

1.8 The Agreement starts on the date of acceptance of the Application Form by the Company (“Agreement Start Date”).

2. Special provisions:

2.1 In deviation to the Standard Terms for Access Platform Plan

2.1.1 clause 2.4 shall be read as follows:

“2.4 If the Advertiser does not complete:

2.4.1 integration of the Tracking Code in accordance with clause 2.2; or

2.4.2 its bona fide commercial launch on the Network within 20 days of the Programme Effective Date; a fee in the amount of Tech Fee for the Initial Term of the Agreement shall apply in relation to each affected Programme.”

2.1.2 clause 16.3 shall not apply.

2.1.3 clause 16.1 shall be read as follows:

“16.1 The Agreement will start on the Agreement Start Date and continue until the end of the respective Initial Term. After the Initial Term, either party may terminate the Agreement on at least fourteen’s day written notice to the other party”.

2.2 In deviation to the Standard Terms for Access and Accelerate Platform Plans (Self-Service) 2.2.1 the definition of the Reintegration Fee shall be amended as follows:

“Reintegration” means the reintegration of the Tracking Code into an Advertiser URL, required after the Date Live through no fault of the Company, which is subject to the Reintegration Fee in the amount of $150 per Reintegration (the “Reintegration Fee“);

2.2.2 clause 8.9 is replaced and shall be read as follows:

“8.9 The payments will be made by ACH debit. The ACH debit authorization shall form part of this Agreement. Instructions to set up the ACH debit authorization will be sent to the Advertiser by email upon acceptance of the Application Form by the Company. The Advertiser shall ensure that the Company is authorized by the Advertiser’s bank to withdraw funds by ACH debit for the Term of this Agreement. Alternatively, and as long as the Company on its sole discretion allows such payments, the Advertiser is entitled to make payments under this Agreement with a credit card. Where the credit card payment is selected by the Advertiser and allowed by the Company on its sole discretion, the Advertiser authorizes the Company for the Term of the Agreement and for a further period following the Term (the length of such further period shall allow the Company to receive any payments due after the Term) to charge the credit card of the Advertiser on a recurring basis In further detail:

8.9.1 A credit card payment may attract an additional credit card processing fee on all respective invoices as shown in the Application Form (the “Card Payment Processing Fee). The Card Payment Processing Fee collected at the time of the respective payment is equal to the cost incurred by the Company to accept the credit card payment. The Advertiser is solely responsible for the payment of the Card Payment Processing Fee and has no right to claim compensation from the Company in connection with the payment of the Card Payment Processing Fee. No Card Payment Processing Fee shall apply if its collection is prohibited by applicable law.

8.9.2 The Company reserves the right, and the Advertiser accepts this right of the Company, to allow card payments only from credit cards. The Advertiser is not entitled to make any payments in connection with this Agreement with a debit card(s).”

2.2.3 clause 2.6 shall be read as follows:

“2.6 As applicable, if the Advertiser does not integrate the Tracking Code into the Advertiser mobile application(s) as per Company’s Tracking Policy and clause 2.2.1, unless otherwise agreed, it shall redirect the app Visitors to its mobile website which has the Tracking Code integrated within 45 days of the Date Live or it will be subject to a surcharge equal to 20 % (or to the different percentage determined and communicated by the Company from time to time) of all Tracking Fees and Commissions to be paid by the Advertiser under this Agreement”.

2.2.4 clauses 6.4, 8.8 and 11 do not apply;

2.2.5 clause 20.7 shall be read as follows:

“20.7 The Company may change the terms of this Agreement on 14 days’ notice to the Advertiser”.

2.3 For the avoidance of doubt, addition of a Service Package is available only for the Advertisers on the Accelerate Platform Plan (Self-Service).

2.4 For the avoidance of doubt, only one Programme per application for Access and Accelerate Platform Plans (Self-Service) is possible.

DEFINITIONS

The following definitions apply in this Agreement:

“Action” means a Transaction, Lead, Click, Ad Impression, or other event on which Commissions may be based under this Agreement;

“Ad Impression” means a display of an advertisement of the Advertiser by a Participating Publisher, as reported by the Tracking Code only;

“Ad Media Placement Fees” mean any ad hoc payments by the Advertiser to a Participating Publisher that represents a flat-rate purchase by the Advertiser of promotional space on a Publisher Website;

“Add-On Services Fee” means the one-time non-refundable fee for the selected Add-On Services payable to the Company for the respective Program in the amount specified in the IO. The term “Add On Services” shall mean any additional Services that may be rendered by the Company to the Advertiser, as indicated in the IO and as defined in the respective Company’s documentation describing such Add-On Services;

“Advertiser Downtime” means any failure of the Tracking Code to properly record Actions due to the Advertiser's breach of this Agreement and/or the Company’s Tracking Policy; “Advertiser Materials” means any trade marks, advertising content, images, text, video, data or other material provided by or on behalf of the Advertiser to the Company, a Participating Publisher or a Sub publisher;

“Advertiser URLs” means, from time to time, any websites, apps or services of the Advertiser which are (i) set out in the IO or (ii) made subject to this Agreement in accordance with the Company’s Tracking Policy;

“Advertising Standards” means any applicable advertising law, regulations or standards, data laws relating to advertising, any generally accepted self-regulatory codes of practice, and any related guidance or best practice advice;

“Approved Lead” means (i) a Lead approved by the Advertiser in accordance with this Agreement; or (ii) a Lead in respect of which the Validation Period has expired;

“Approved Transaction” means (i) a Transaction approved by the Advertiser in accordance with this Agreement; or (ii) a Transaction in respect of which the Validation Period has expired; “Bonuses” mean any ad hoc payments (other than Ad Media Placement Fees) by the Advertiser to a Participating Publisher for a specific promotion or other marketing activity;

“Business Day” means a day other than a Saturday, Sunday or national public holiday in the United States of America and (where the Program's Country is Canada) in Canada;

“Click” means the following of a Link by a Visitor as part of a Program charged on a CPC basis, as reported by the Tracking Code only;

“Commission” means a fee payable to the Publisher, calculated as a percentage of the Approved Transaction, valid Click, approved Lead or per one thousand Ad Impressions as set out in the Interface or as otherwise determined by the Advertiser in accordance with the Agreement; “Confidential Information” means any information disclosed or made available by a party (“Discloser”) to the other party (“Recipient”) during the Agreement Term, including information about the Discloser’s business affairs; reports generated by the use of the Interface; operations and trade secrets; technology (including any know-how and source code) and any derivatives of any of the foregoing and which (i) is marked as confidential; or (ii) would be regarded as confidential by a reasonable business person;

“CPA” means a Commission charged per Approved Transaction;

“CPC” means a Commission charged per valid Click;

“CPL” means a Commission charged per approved Lead;

“CPM” means a Commission charged per one thousand Ad Impressions;

“Date Live” means the actual date of the Advertiser's bona fide Program launch on the Network, being open to publisher applications;

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“Data Regulation” means any data protection, privacy or similar local laws that apply to Personal Data Processed in connection with this Agreement, including the Electronic Communications Privacy Act (ECPA), the Children's Online Privacy Protection Act of 1998 (COPPA), the EU General Data Protection Regulation 2016/679 (“GDPR”), the retained UK law version of the GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland (“UK GDPR”), the Privacy and Electronic Communications Directive 2002/58, the California Consumer Privacy Act (the “CCPA”), the California Privacy Rights Act (the “CPRA”), the Virginia Consumer Data Protection Act (the “VCDPA”), the Colorado Privacy Act (the “CPA”), the Connecticut Data Protection Act (the “CTDPA”), the Utah Consumer Privacy Act, (the “UCPA ”) and any similar laws, including any final implementing regulations to any of the foregoing that are in effect or that become effective on or after the Agreement Start Date, and any amendments to these laws or replacements of these laws. The terms “Personal Data”, “Process(ed)”, and “Processing” used in this Agreement shall have the meanings given to them in the applicable Data Regulation;

“Deduplication” means any measures to prevent or reduce the amount of any Commission, Tracking Fee, Bonuses or Ad Media Placement Fees incurred or payable in respect of an Action, which are implemented on the basis that the Visitor subject of the Action also visited the Advertiser URL through non-Network sales channels or sources of web traffic;

“Fees” means any fees payable to the Company, as indicated in the IO and these Standard Terms. The term ‘Fees’ shall not include any Commission, Bonuses and Ad Media Placement Fees; “Group Company” means any holding company or subsidiary of a party or any of its holding companies or subsidiaries. A company is a "subsidiary" of another company, its "holding company", if that other company (i) holds a majority of the voting rights in it, or (ii) is a member of it and has the right to appoint or remove a majority of its board of directors, (iii) or is a member of it and controls alone, pursuant to an agreement with other members, a majority of the voting rights in it; “Intellectual Property Rights” means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in designs, rights in computer software, database rights (including any database rights in the Network), topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

“Interface” means the intranet and software platform provided by the Company as part of the Services and any functionality accessed or made available through such platform;

“IO” means the Insertion Order;

“Joining Fee” means the one-time non-refundable fee for joining the Network payable to the Company per Program, as specified in the IO;

“Lead” means a sales lead of the Advertiser generated in the Tracking Period, as reported by the Tracking Code or as otherwise determined in accordance with this Agreement; “Link” means a hyperlink from a Publisher Website to an Advertiser URL;

“Low Balance Threshold” means the remaining portion of the Pre-payment Amount specified in the Interface, requiring replenishment of the Pre-payment Amount;

“Network” means the marketing network of publishers and advertisers provided by the Company to facilitate, amongst other things, affiliate and performance marketing;

“Participating Publisher” means any Publisher accepted onto the Program to market the Advertiser or any Products under this Agreement;

“Pre-payment Amount" means the amount specified in the Interface, to be held to the Advertiser’s account as a deposit against future Fees, Commissions, Bonuses and Tenancies. “Product” means a product, service or equivalent offered for sale by the Advertiser on any Advertiser URL;

“Program” means the ongoing provision of the Services in respect of an Advertiser URL for the Program Term. Whereas “Campaign” shall mean a short-term Program as further described in the IO. Where a Campaign takes place, any reference to Program in this Agreement shall be understood as a reference to such Campaign;

“Publisher” means (i) an individual or entity delivering content and/or technology to a discernible audience, both online and offline, including (but not limited to) operators of websites, applications, or

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services (including email service), which has agreed with the Company to join the Network to market advertisers or their products as an affiliate, or (ii) a Publisher Network;

“Publisher Network” means the operator of a marketing network of further publishers to facilitate, amongst other things, affiliate and performance marketing which has joined the Network to market advertisers or their products as an affiliate;

“Publisher Website” means a website, application or service operated by a Publisher to market advertisers or their products;

“Reintegration” means the reintegration of the Tracking Code into an Advertiser URL, required after the Date Live through no fault of the Company, which is subject to the Reintegration Fee in the amount of USD 500 per Reintegration (the “Reintegration Fee“);

“Sales Revenue” means the sale amount of all Transactions that are approved in accordance with the Agreement;

“Service Package Fee” means the fee for each selected Service Package, payable to the Company per calendar month (when applicable, on a pro-rata basis) starting from the effective date of the applicable Service Package, as specified in the IO;

“Services” means the services or assistance provided by the Company under this Agreement; “Sub-publisher” means an individual or entity delivering content and/or technology to a discernible audience, both online and offline, including (but not limited to) operators of websites, applications, or services (including email service), which/who has agreed with the Publisher Network to market advertisers or their products;

“Tech Fee” means the fee for the selected Platform Plan payable to the Company per Program per calendar month (when applicable, on a pro-rata basis) starting from the Program Effective Date; “Technical Integration Fee” means the one-time non-refundable fee for the selected Technical Integration payable to the Company per Program, as specified in the IO;

“Transaction” means the agreed purchase of a Product by a Visitor in the Tracking Period, as reported by the Tracking Code or as otherwise determined in accordance with this Agreement; “Tracking Code” means the software code provided by the Company for the recording of, amongst other things, web traffic and Actions;

“Tracking Fee” means the fee payable to the Company, calculated as an additional fee of an amount equal to

(i) a specified percentage of any total Commission, Bonuses and Ad Media Placement Fees; or (ii) a specified percentage of Sales Revenue,

as indicated under Tracking Fee Type field of the respective Program in the IO;

“Visitor” means any person who follows a Link.

In this Agreement:

1.2.1 any meanings given to terms in the IO shall apply to these Standard Terms; 1.2.2 “include” or “including” is without limitation;

1.2.3 the singular will include reference to the plural and vice versa;

1.2.4 a “person” includes an individual, company, partnership or unincorporated association; 1.2.5 a statute, order, regulation or other similar instruments will include any amendments to it or replacements of it;

1.2.6 subheadings shall not affect the interpretation of this Agreement; and

1.2.7 “writing” and “written” includes emails but not faxes.

If there is a conflict between the IO and the Standard Terms, the IO shall prevail. 2. SET-UP

Promptly following the Program Effective Date, the Company will provide the Advertiser with access to the Tracking Code; and any information and assistance reasonably necessary to enable the Advertiser to properly integrate the Tracking Code into the Advertiser URLs.

Within 15 Business Days of the Program Effective Date, the Advertiser will:

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2.2.1 integrate the Tracking Code into the Advertiser URLs and any iterations thereof (including mobile websites and mobile applications) in accordance with the Company's Tracking Policy (available at: https://www.awin.com/docs.awin.com/Legal/Awin+Tracking+Policy.pdf, as updated by the Company from time to time) (the “Company’s Tracking Policy”) so as to allow the Tracking Code to track any Action in real-time and identify the respective Participating Publisher to which the Action is attributed. The Advertiser shall ensure that the Tracking Code is not implemented on any static or persistent Transaction confirmation page in respect of the Visitor enabling the Company (or any person in possession of such URL) to access Visitor’s Personal Data or otherwise access unrequired Transaction data;

2.2.2 provide the Company with the Advertiser Materials.

The Company may test the integration of the Tracking Code into the Advertiser URLs by placing a test order for the purchase of Products. The Company will notify the Advertiser of any test order, which shall be canceled by the Advertiser within 48 hours of such notice. The Advertiser shall be responsible for all costs of the Company arising from uncanceled test orders, which shall be invoiced to the Advertiser.

If the Advertiser does not complete:

2.4.1 integration of the Tracking Code in accordance with clause 2.2; or

2.4.2 its bona fide Program launch on the Network within 20 days of the Program Effective Date; the Technical Integration Fee in the amount of USD 1299 shall apply in relation to each affected Program.

If the Advertiser does not integrate Server to Server (S2S) as per Company’s Tracking Policy and clause 2.2.1, it will be subject to a surcharge equal to 12,6 % (or to the different percentage determined and communicated by the Company from time to time) of all Tech Fees, Tracking Fees and Commissions to be paid by the Advertiser under this Agreement. Such surcharge will be applicable for the period that Server to Server is not integrated, effective from 45 days after the Date Live and charged to the Program(s). Once the Advertiser has integrated Server to Server, it shall inform the Company in writing. The surcharge will be removed following Company's positive verification of the Server to Server Integration.

As applicable, if the Advertiser does not integrate the Tracking Code into the Advertiser mobile application(s) as per Company’s Tracking Policy and clause 2.2.1, unless otherwise agreed, it shall redirect the app Visitors to its mobile website which has the Tracking Code integrated within 45 days of the Date Live. Alternatively, it shall provide the Company within 45 days of the Date Live and at least every 12 months thereafter with the percentage of Actions occurring in its mobile application(s) in the preceding twelve-month period. Such percentage is to be evidenced to the Company’s reasonable satisfaction and the related Fees and Commissions for those Actions will be invoiced by the Company as per clause 8. If the Advertiser does not provide the percentage of Actions occurring in its mobile application(s) per the foregoing, and/or reasonable evidence of the same upon the Company’s request, it will be subject to a surcharge equal to 20 % (or to the different percentage determined and communicated by the Company from time to time) of all Tech Fees, Tracking Fees and Commissions to be paid by the Advertiser under this Agreement.

3. PROVISION AND USE OF THE SERVICE

Subject to the Advertiser's compliance with clause 2.2, the Company will provide the Advertiser with the Services, access to the Interface, and updates to the Tracking Code it makes generally available. During the respective Program Term, the Advertiser will:

3.2.1 provide the Company with the Advertiser Materials relevant to the Program; 3.2.2 ensure any Advertiser Materials shall be legally compliant in every respect associated with the advertisement, age group, and industry, including but not limited to being truthful, non deceptive, and substantiated. If the Advertiser provides marketing guidelines to Company, Company may approve on behalf of the Advertiser advertising content prepared by a Participating Publisher in accordance with those guidelines, provided that Company shall assume no liability for material reasonably approved in compliance with those guidelines;

3.2.3 promptly select, and approve Publishers to act as Participating Publishers on the Program;

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3.2.4 ensure the presence of a reasonable amount of Participating Publishers on the Program; 3.2.5 maintain the proper integration of the Tracking Code into the Advertiser URLs, including any updates, in accordance with the Company's Tracking Policy;

3.2.6 use all reasonable efforts to inform the Company, in advance where possible, of any circumstances likely to prevent the Tracking Code accurately recording Actions, including any actual (and to the extent possible, anticipated) downtime of any of the Advertiser URLs.

4. PROGRAMS AND SERVICE PACKAGES

Programs will commence as soon as practicable after completion of the obligations in clause 2. The Company shall provide the Services under additional Programs for the period, budget and other terms agreed by the parties in writing from time to time.

The Company will, on the Advertiser's request, (i) prevent any Publisher from acting as a Participating Publisher; and/or (ii) use reasonable efforts to procure Participating Publishers remove Advertiser Materials or Links from Publisher Websites.

The Advertiser will:

4.4.1 permit Participating Publishers to market the Advertiser and its Products;

4.4.2 inform Participating Publishers of any:

(a) information relevant to the promotion of the Advertiser or any Products;

(b) Advertising Standards applicable to the promotion of the Products or the Advertiser;

(c) terms and conditions, or other requirements, applied by the Advertiser to the promotion of the Advertiser or any Products from time to time, e.g. via the ‘Terms’

section of the Interface (such terms and conditions, or other requirements shall

always be subject to the terms of this Agreement);

4.4.3 comply with any terms and conditions, or other requirements, applied by a Participating Publisher to its promotion of the Advertiser or any Products from time to time;

4.4.4 alert Company in writing to any Advertiser Materials directed to children or related to a child directed or mixed use application or website as described in COPPA.

Where clause 11 does not apply, the Advertiser may not reject Publishers which are permitted to promote the Advertiser on other affiliate marketing networks in the Country.

The Advertiser may delegate the day-to-day operation of Programs to a third party (the “Agency”) on written notice to the Company, provided that the Advertiser shall remain liable for the acts or omissions of the Agency and for its compliance with this Agreement, including for making payment due under this Agreement, as applicable. The Advertiser represents and warrants to the Company that the Agency has full authority to bind the Advertiser. This Agreement will survive any termination of the appointment of the Agency.

If the Advertiser is entering into this Agreement on behalf of another person or entity that the Advertiser represents (each, a “Client”), the Advertiser represents and warrants that it is the authorized agent of each such Client and that it is authorized to bind each such Client to the terms of this Agreement, including the authority to manage the day-to-day aspects of each Client’s Programs. The Advertiser will be jointly and severally liable for all obligations in this Agreement with the Client, and the Company is entitled to proceed directly against the Advertiser and/or the Client individually or jointly.

The Service Package(s) (if applicable) will apply for the Minimum Service Package Duration and automatically renew thereafter. The Minimum Service Package Duration is equal to the duration of the Initial Term from the Service Package effective date. The Advertiser may downgrade or cancel the selected Service Package(s) with a minimum written notice of the same number of months required to terminate the respective Program, such notice to take effect at the end of the Initial Term or any Renewal Term then in effect.

The parties agree to provide any materials and support reasonably required to assist with the handover of core tasks in the event of a Service Package change.

The Advertiser may request to upgrade or add a Service Package during the Program Term, to be agreed in writing between the Parties.

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5. TRACKING

Subject to clauses 5.8 - 5.13 and unless otherwise determined under this Agreement, the Tracking Code and the Company’s Tracking Policy will be the sole basis for recording and determining Actions and Commissions.

The Company will:

5.2.1 enable the Advertiser to approve or decline Transactions and Leads; and

5.2.2 as soon as practicable, respond to the Advertiser's questions regarding Actions. The Advertiser must approve Transactions and Leads in good faith and in a manner consistent with its historic approach to the approval or decline of Transactions or Leads of that type unless reasonable advance notice is given to Participating Publishers of a change to the Advertiser's approach to the approval or decline of Transactions or Leads.

The Advertiser shall use all reasonable efforts to approve Transactions and Leads within the Validation Period.

The Advertiser may only decline:

5.5.1 Transactions which the Advertiser can evidence to the Company's reasonable satisfaction were canceled in accordance with applicable statutory consumer rights of cancellation or terms of business; or

5.5.2 Transactions and Leads which the Advertiser can evidence to the Company's reasonable satisfaction were:

(a) generated in breach of any terms and conditions or other requirements, pursuant to clause 4.4.2(c); or

(b) the result of fraud committed by a Participating Publisher.

Each Transaction and Lead will auto-validate and be deemed to have been approved by the Advertiser at the end of the respective Validation Period unless declined in accordance with clause 5.5.

The Advertiser agrees and acknowledges that it has no right whatsoever to recover from the Company or any Participating Publisher any Fees, Commissions, Bonuses or Ad Media Placement Fees paid to the Company in respect of Approved Transactions or Approved Leads (including those deemed approved under clause 5.6), or any Clicks or Ad Impressions or other Actions. The Advertiser hereby waives and releases the Company and any Participating Publisher from any claims the Advertiser may have for recovery of paid Fees, Commissions, Bonuses or Ad Media Placement Fees.

Claimed Actions

This section ‘Claimed Actions’ shall have an effect on notice by the Company to the Advertiser. The following definitions and rules of interpretation apply:

"Claimed Action" means a lead (“Claimed Lead”) or transaction (“Claimed Transaction”) generated in the Tracking Period and which (i) was not recorded by the Tracking Code and/or not approved by the Advertiser as a Lead or Transaction in accordance with clauses 5.2 - 5.6; and (ii) a Participating Publisher can demonstrate to the Company's reasonable satisfaction ought to be have been recorded by the Tracking Code and/or approved by the Advertiser as a Lead or Transaction in accordance with clauses 5.2 - 5.6 of the Standard Terms. The terms “Approved Transaction” and “Approved Lead” shall respectively include a Claimed Transaction and a Claimed Lead approved in accordance with this Agreement.

With respect to Claimed Actions, the Company shall have the same obligations as set out in clause 5.2.

The Advertiser shall approve or decline Claimed Actions in accordance with clauses 5.11 and 5.12 and within 75 days (the “Validation Period for Claimed Actions”).

The Advertiser must approve Claimed Actions (i) in good faith; (ii) in accordance with clause 5.3; and (iii) having regard to any information provided by a Participating Publisher to demonstrate the Claimed Actions ought to have been approved by the Advertiser in accordance with clauses 5.2 – 5.6.

The Advertiser may only decline Claimed Transactions and Claimed Leads in accordance with clause 5.5.

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Claimed Actions will auto-validate and be deemed to have been approved by the Advertiser at the end of the respective Validation Period for Claimed Actions, unless declined in accordance with this section ‘Claimed Actions’.

6. ACTIONS, COMMISSIONS, BONUSES AND AD MEDIA PLACEMENT FEES

The amount of any Commissions is as set out in the Interface. The Advertiser may commit to pay additional Commissions, Bonuses and Ad Media Placement Fees on terms set out on the Interface at its discretion.

The Company will make an equivalent payment to the respective Participating Publisher to which the Approved Transaction, Approved Lead, Click, Ad Impression or other Action is attributed or to which Bonuses or Ad Media Placement Fees are due. This payment may be subject to the prior payment of Commission, Bonuses and Ad Media Placement Fees from the Advertiser.

Subject to clause 6.4 below, the Advertiser may vary Commission for future periods on 30 Business Days' notice to Publishers by using the Interface or by written request to the Company personnel; however, the Commission may not be reduced by more than 20% in any 30 Business Day period without the Company's prior written consent. The Advertiser will be bound to pay Commission as varied, whether such variations were made by the Advertiser or on the Advertiser's behalf. Any Commission variations are made by operation of this Agreement and do not constitute any amendment of this Agreement. For the avoidance of doubt, Commissions, Bonuses and Ad Media Placement Fees applicable to past Actions or other historic marketing activity may not be varied.

If the Minimum Commission is applicable, the Advertiser may not set the Commission to less than the Minimum Commission indicated in the IO.

The bases for Deduplication shall be provided to the Company in a reasonable time in advance of their implementation.

Deduplication is subject to any conflicting provisions in this Agreement and the Company’s Tracking Policy. Deduplication may not be implemented on the basis that, within the Tracking Period, the Visitor subject of the Action also visited the Advertiser URL:

6.6.1 by typing the Advertiser URL into a web browser;

6.6.2 by following links appearing in

(a) organic search results;

(b) paid-for results of searches on the Advertiser's brand names;

(d) price comparison websites;

6.6.3 as a result of internal email marketing or newsletters;

6.6.4 as a result of the retargeting to that Visitor:

(a) by email;

(b) by telephone;

(d) while at the Advertiser URL, as a result that Visitor's behavior.

7. PRICE PROTECTION CLAUSE

The Company may unilaterally, not more than once per calendar year, change the Service Package Fee(s) and/or the Tech Fee(s) to cover the Company’s changed costs in operating the Network or functionality updates. Should the Company decide to exercise this right, the following shall apply: 7.1.1 The Company shall notify the Advertiser of the planned Service Package Fee and/or the Tech Fee change by giving at least 30 days advance written notice;

7.1.2 The Advertiser is entitled to object to such change of the Service Package Fee and/or the Tech Fee within 30 days of receipt of the Company's notice, in which case the Company can

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terminate the Agreement or a particular Program(s) or a particular Service Package(s) to which the change relates (at the Company’s sole discretion).

Any Service Package Fee and/or the Tech Fee variations in accordance with clause 7.1 above are made by operation of this Agreement and do not constitute any amendment of this Agreement.

8. PAYMENTS, INVOICING

Determination of Fees and Commissions

The amount of the Fees is as set out in the IO. The Fees are payable in addition to Commissions, Bonuses and Ad Media Placement Fees.

The Advertiser will pay the Company the Fees (including any surcharge as per clause 2.5 if applicable), Commissions, Bonuses and Ad Media Placement Fees without deduction or set-off.

During any period of Advertiser Downtime, the Tracking Fees, Bonuses, Ad Media Placement Fees, and Commission will be determined by the Company (subject to review in case of dispute by a competent Court), having regard to the average value of the Tracking Fees, Bonuses, Ad Media Placement Fees, and Commission payable by the Advertiser (including, where applicable the average value of the Tracking Fees, Bonuses, Ad Media Placement Fees, and Commission payable by the Advertiser during equivalent periods in previous years).

Invoicing, Post-payment and Pre-Payment

Invoices will be sent to the Advertiser's invoice email address as set out in the IO or as otherwise notified in writing to the Company.

On or shortly after the Program Effective Date, the Company will invoice the Advertiser for the Joining Fee or Technical Integration Fee (if applicable). On or after the Add-On Services effective date, the Company will invoice the Advertiser for the Add-On Services Fee(s) (if applicable).

The Company will invoice the Advertiser for the adjusted Technical Integration Fee in accordance with clause 2.4, less any amount of the Technical Integration Fee already paid.

Where this Agreement is payable on a post-payment basis, the Company will invoice the Advertiser for the Tech Fee(s), the Service Package Fee(s) (on a pro rata basis), the Tracking Fees, any other Fees agreed between the parties from time to time, the Commission, Bonuses and Ad Media Placement Fees (as applicable) at least once per month.

Subject to any variation to the below described pre-payment model that may be communicated by the Company from time to time, where this Agreement is payable on a pre-payment basis: 8.8.1 the minimum Pre-Payment Amount and the minimum Low Balance Threshold are

determined by the Company at its sole discretion and may be changed by the Company from time to time;

8.8.2 the minimum Pre-Payment Amount and the minimum Low Balance Threshold determined by the Company apply unless increased by the Advertiser in the Interface;

8.8.3 the Advertiser will pay the initial Pre-payment Amount immediately (unless otherwise agreed) using the payment methods available on the Interface;

8.8.4 the Company will issue an invoice for the initial Pre-payment Amount and any further replenishment of such amount upon receipt of those payments;

8.8.5 the Company will invoice the Advertiser for the Tech Fee(s), the Service Package Fee(s) the Tracking Fees, any other Fees agreed between the parties from time to time, the Commission, Bonuses and Ad Media Placement Fees (as applicable);

8.8.6 in settlement of the Tech Fee and Service Package Fee, the Company will deduct the Total Monthly Fee from the Pre-payment Amount;

8.8.7 in settlement of the Tracking Fees and Commissions, the Company will deduct from the Pre payment Amount the Tracking Fees and Commissions in respect of:

(a) Transactions and Leads, as soon as they are tracked irrespective of their approval status (the deducted amount corresponding to Tracking Fees and Commission

related to Transactions and Leads declined in accordance with clause 5 will be

added back to the Pre-payment Amount); and

(b) Clicks or one thousand Ad Impressions, immediately.

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8.8.8 in settlement of any other Fees agreed between the parties from time to time, the Company will deduct such Fees from the Pre-payment Amount;

8.8.9 on the agreement of the Bonuses and Ad Media Placement Fees, the Company will deduct the Bonuses and Ad Media Placement Fees from the Pre-payment Amount in settlement of the Bonuses and Ad Media Placement Fees;

8.8.10 in settlement of any applicable Card Payment Processing Fee as per clause 8.9, the Company will deduct the Card Payment Processing Fee from the Pre-payment Amount; 8.8.11 when the remaining Pre-payment amount equals less than the Low Balance Threshold, the Advertiser will be periodically required during the Term to replenish the Pre-payment Amount, which shall be replenished by the Advertiser immediately upon request. Alternatively, if the Advertiser has set up automatic replenishment on the Interface, when the remaining Pre-payment amount equals less than the Low Balance Threshold, the Company will automatically initiate replenishment of the Pre-Payment Amount using the payment method selected by the Advertiser in the Interface;

8.8.12 the Company may suspend all Services and licenses or terminate this Agreement with immediate effect (i) if the Advertiser fails to replenish the Pre-payment Amount upon request on notification of Low Balance Threshold by the Company; or (ii) in case of failure of the automatic replenishment of the Pre-payment Amount;

8.8.13 no interest is payable in respect of the Pre-payment Amount held by the Company. Payments

The Advertiser will pay all invoices within the Payment Term unless such invoices are settled via deduction from the Pre-payment Amount as per clause 8.8. All payments will be made to the bank account nominated in writing by the Company or by the designated payment provider or by the agreed payment method. As long as the company at its sole discretion allows card payments, the Advertiser is entitled to make payments under this Agreement with a credit card. Where credit card payment is selected by the Advertiser and allowed by the Company on its sole discretion, the Advertiser authorizes the Company for the Term of the Agreement and for a further period following the Term (the length of such further period shall allow the Company to receive any payments due after the Term) to charge the credit card of the Advertiser on a recurring basis. A credit card payment may attract an additional credit card processing fee on all respective invoices as shown in the Interface (the “Card Payment Processing Fee). The Card Payment Processing Fee collected at the time of a respective payment does not exceed the cost incurred by the Company to accept the credit card payment. The Advertiser is solely responsible for the payment of the Card Payment Processing Fee and has no right to claim compensation from the Company in connection with the payment of the Card Payment Processing Fee. No Card Payment Processing Fee shall apply if its collection is prohibited by applicable law. The Company reserves the right, and the Advertiser accepts this right of the Company, to allow card payments only from credit cards. The Advertiser is not entitled to make any payments in connection with this Agreement with a debit card(s).

Without prejudice to the Company's other rights or remedies, if the Advertiser fails to make any payment when due under this Agreement or any Additional Country Agreement, the Company may:

8.10.1 charge, from the due date for payment until payment is made (whether before or after any judgment), interest on such sums from the due date for payment at the rate of 1.5% per month or that allowed by law, whichever is higher, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and Advertiser shall pay the interest immediately on demand; and the costs of recovering such unpaid amounts; and/or

8.10.2 immediately suspend all Services and licenses until payment is made in full or terminate this Agreement. Fees may apply under any period of suspension.

All sums payable under this Agreement shall be exclusive of VAT, GST, sales tax, use tax income tax, franchise tax, ad valorem taxes or other comparable taxes which, if applicable, shall be added at the appropriate rate. Where applicable, the aforementioned taxes shall be reported and paid to the appropriate tax authority by the party liable to do so under the applicable laws. If payments under this Agreement are subject to withholding tax, the Advertiser is entitled to deduct the appropriate amount from payments to the Company. The parties agree to work together on mitigating withholding tax, and,

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upon request, shall provide documents required for any reduction, exemption, reimbursement or deduction of withholding tax.

All amounts payable shall be paid in the currency in which they are invoiced. Any costs of currency conversion or losses caused by exchange rate fluctuations shall be borne by the Advertiser.

9. COUNTRIES AND ADDITIONAL COUNTRY AGREEMENTS

This Agreement is entered in respect of the Country/Countries set forth in the IO. The Advertiser or Advertiser Group Companies may enter into a separate agreement with the Company or the Company’s Group Companies for the provision of affiliate marketing services in other countries (the “Additional Country Agreement”).

Each executed Additional Country Agreement shall constitute a separate agreement between the Advertiser (or the Advertiser Group Company) and the Company (or the Company Group Company) on the terms of this Agreement, as varied by the Additional Country Agreement.

Subject to clause 16, Additional Country Agreements shall survive termination of this Agreement and each other.

10. THE ADVERTISER'S RELATIONSHIP WITH PARTICIPATING PUBLISHERS

During the Agreement Term, the Advertiser will not, directly or indirectly, enter or attempt to enter into any agreement, understanding or other arrangement with any Participating Publishers who promote or promoted in the past the Advertiser or its Products under this Agreement:

10.1.1 where payments are made to such Participating Publishers with respect to any marketing services other than under this Agreement; or

10.1.2 which prevents or disincentivises such Participating Publishers from promoting other advertisers on the Network.

The Advertiser will pay the Company on demand by way of liquidated damages an amount equal to 30% of all amounts paid or due to be paid by the Advertiser, directly or indirectly, to Participating Publishers stipulated in clause 10.1 in breach of the restrictions in clause 10.1. The parties acknowledge that the foregoing liquidated damages are not a penalty and represent a genuine pre

estimation of the loss that would be suffered by the Company as a result of any breach of the restrictions in clause 10.1.

This clause 10 applies irrespective of any existing relationships between the Advertisers and current and former Participating Publishers.

11. EXCLUSIVITY

This clause 11 only applies if this Agreement is designated exclusive in the IO. During the Agreement Term, the Advertiser will not (i) directly or indirectly enter or attempt to enter into any agreement, understanding or arrangement with the operators of any marketing network or providers of performance marketing products or services for the supply of products or services identical or similar to the services provided by or on behalf of the Company under this Agreement; and (ii) operate any in-house or personal affiliate marketing program.

The Advertiser will pay the Company, on demand by way of liquidated damages, an amount equal to 30% of all amounts paid or due to be paid, directly or indirectly, to any publishers or marketing network operators in breach of clause 11.2. The parties acknowledge such liquidated damages are not a penalty and represent a genuine pre-estimation of the loss that would be suffered by the Company as a result of a breach of clause 11.2.

12. WARRANTIES

Each party warrants and undertakes to the other for the Agreement Term that: 12.1.1 it has full power and authority to enter into this Agreement;

12.1.2 it holds all licenses and approvals necessary for the performance of its obligations under this Agreement;

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12.1.3 it will perform its obligations under this Agreement in accordance with all applicable laws and using reasonable skill and care; and

12.1.4 it will not make any false, misleading or disparaging representations or statements regarding the other party.

The Advertiser warrants and undertakes to the Company that:

12.2.1 all Advertiser Materials comply with all Advertising Standards;

12.2.2 all variations to Commissions will be made or requested by its authorised personnel; and 12.2.3 no information or data included in any reports generated in connection with this Agreement will be used for the purpose of training, developing, or improving artificial intelligence (AI) models without Company’s prior written consent.

13. INTELLECTUAL PROPERTY

The Advertiser hereby grants to the Company and its Group Companies a non-exclusive, transferable, royalty-free, worldwide license to publish the Advertiser Materials on the Interface and to use the Advertiser Materials to:

13.1.1 operate the Network;

13.1.2 enable Participating Publishers to market the Advertiser and its Products;

13.1.3 fulfil the Company’s rights and obligations in connection with the Agreement. The Company and its Group Companies may grant sublicenses of the foregoing license to Participating Publishers to the extent necessary to enable Participating Publishers to market the Advertiser and its Products on the Network. If the Advertiser has selected any Publisher Network as a Participating Publisher, the foregoing license shall be further sublicensable by the Participating Publisher to Sub-publishers participating in such network.

The Company hereby grants to the Advertiser a non-exclusive, non-sublicensable, non-transferable, royalty-free worldwide license to use the Tracking Code on the Advertiser URLs; and use the Interface to the extent necessary for the Advertiser to participate in the Network and perform its obligations hereunder.

The Advertiser will not, and will not attempt to, change, reverse engineer or create derivative works of the Interface or the Tracking Code.

Each party reserves all of its right, title and interest to any of its Intellectual Property Rights licensed under this clause 13, or which it creates under this Agreement.

The Advertiser will indemnify, defend and hold harmless the Company and its Group Companies (including their directors, employees, agents, and contractors), from and against any claims, costs, damages, losses, liabilities and expenses (including legal fees) relating to any claims, actions, suits or proceedings by third parties against the Company and/or its Group Companies arising out of or related to the Company's, its Group Companies or any Participating Publisher's, use of the Advertiser Materials in accordance with this Agreement.

14. CONFIDENTIALITY

The Recipient shall keep the Confidential Information confidential. The Recipient will only use Confidential Information to perform its obligations or exercise its rights under this Agreement. The Discloser will not disclose any Confidential Information to the Recipient except as reasonably necessary for the parties to perform their obligations or exercise their rights under this Agreement.

The obligations of confidentiality herein will not apply to Confidential Information to the extent it: 14.2.1 is or becomes publicly known (other than as a result of a breach of this Agreement); 14.2.2 can be demonstrated as having been independently developed by the Recipient; 14.2.3 is published on the Interface in the receipt or provision of the Services in accordance with this Agreement;

14.2.4 is part of a benchmark in anonymised and aggregated form;

14.2.5 is required to be disclosed by law or court order.

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The Company may disclose Confidential Information to its Group Companies as reasonably necessary to perform the Services, subject to obligations of confidentiality substantially similar to those herein.

This clause will survive termination or expiration of this Agreement for five years. This clause 14 shall replace any non-disclosure agreements concluded between the parties in connection with the Program(s) under this Agreement prior to the Agreement Start Date.

15. LIMITATION OF LIABILITY

This clause 15 sets out the entire liability of the Company and its Group Companies under or in connection with the Agreement.

Neither the Company nor any of its Group Companies will be liable for any losses of the Advertiser if the Company’s compliance with the Agreement is prevented by the acts or omissions of the Advertiser.

Neither the Company nor any of its Group Companies will be liable to the Advertiser for: losses of profits, business, goodwill, anticipated savings, goods, contract, use or data; losses arising from the acts or omissions of a Publisher; or for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

The total liability of the Company and its Group Companies in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the Agreement will be limited to the amount of Tech Fees and Tracking Fees actually received by the Company from the Advertiser in the 12-month period preceding the date on which the claim arose.

Except as expressly stated otherwise in this Agreement, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

The Network, the Interface, the Tracking Code, the Services, their use and the results of such use are provided “as is” to the fullest extent permitted by law. The Company disclaims all express or implied warranties, including warranties of satisfactory quality and fitness for a particular purpose, in respect of the Network, the Interface, the Tracking Code, the Services, their use and the results of such use. The performance of the Network and the Interface relies on third parties beyond the Company's control. The Company specifically disclaims any warranty:

15.6.1 that the use or operation of the Network, the Interface or the Tracking Code will be correct, uninterrupted, error-free or that defects will be corrected;

15.6.2 that the Network, the Interface or the Tracking Code are free of viruses or malicious code and that any security methods employed will be sufficient;

15.6.3 in respect of any third party (including any Publisher or technology partner) or its technology; and

15.6.4 regarding correctness, accuracy, or reliability.

Nothing in this Agreement limits or excludes the liability of the Company or any of its Group Companies for death, personal injury, fraud, fraudulent misrepresentation or fraudulent misstatement.

16. TERMINATION

Each Program will start on the Program Effective Date and continue until the end of the respective Initial Term set forth in the IO. After the Initial Term, each Program will automatically renew for successive renewal terms of equal duration to the Initial Term (each, a “Renewal Term” and collectively with the Initial Term, the “Program Term”). Either party may terminate the Program on at least three months' written notice to the other party, such notice to expire at the end of the Initial Term or any Renewal Term then in effect (provided that such notice period shall be extended to the minimum extent necessary to enable the completion of any ongoing Program).

The Agreement will start on the Agreement Start Date and continue until the end of the latest Program Term (the “Agreement Term”). Except otherwise expressly stated herein or any extraordinary termination rights that either party may have, this Agreement can only be terminated separately in relation to each Program, having regard to the termination notice periods set out in clause 16.1 above.

The Company may terminate this Agreement immediately on written notice to the Advertiser if: 16.3.1 the Advertiser fails to comply with its obligations under clauses 2.2.1, 3.2.3 or 3.2.5 of this Agreement;

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16.3.2 the Advertiser fails to provide assistance reasonably requested by the Company to enable the supply of the Services;

16.3.3 the Advertiser fails, through no fault of the Company, to commence bona fide participation in the Network within 90 days of the Program Effective Date; or

16.3.4 if the Advertiser or its Group Company materially breaches an Additional Country Agreement and (if remediable) fails to remedy that breach within 14 days of a written request to do so.

The Company may suspend this Agreement for the period of Advertiser's material non-compliance with this Agreement or any Additional Country Agreement.

Without prejudice to its other rights or remedies, a party may terminate the Agreement immediately on written notice to the other party if:

16.5.1 the other party materially breaches this Agreement and (if remediable) fails to remedy that breach within 14 days of a written request to do so;

16.5.2 the other party materially breaches any data processing agreement or arrangement entered into in connection with Personal Data Processed under this Agreement;

16.5.3 the other party is deemed unable to pay its debts; steps are made to wind up, or appoint an administrator over, the other party; a third party becomes entitled to appoint a receiver over the assets of the other party; the other party negotiates with all or a class of its creditors, or proposes or enters a compromise with such creditors; or any similar or analogous event occurs.

17. CONSEQUENCES OF TERMINATION

Termination of this Agreement or a particular Program will not affect any existing rights or remedies. Such provisions of the Agreement that, by their nature, would be expected to survive termination shall survive any such termination.

On termination of the Agreement:

17.2.1 all licenses will terminate;

17.2.2 the Company will settle all outstanding payments by deducting from the Prepayment Amount and return the remainder of the Prepayment Amount to the Advertiser (if pre-payment applies);

17.2.3 each party will return or, at the other party’s option, destroy all Confidential Information in its possession within five Business Days; and

17.2.4 the Advertiser will immediately pay all outstanding amounts due to the Company. On termination of the Program:

17.3.1 all licenses relating to the Program will terminate;

17.3.2 the Company will settle all outstanding payments by deducting from the Prepayment Amount and return the remainder of the Prepayment Amount to the Advertiser (if pre-payment applies);

17.3.3 the Advertiser will immediately pay all outstanding amounts due to the Company in connection with such Program.

18. NOTICES

Notices under this Agreement will be in writing and either (i) hand-delivered or sent by first-class mail or reputable carrier to the other party at its address set out in the IO or Interface (or such other address as may have been notified in writing); or (ii) sent by email to the other party's email address set out in the IO or Interface. Notices will be deemed to have been received on the first Business Day following the actual delivery or (in case of emails) on the first Business Day after the email was sent.

19. SEVERANCE

If any part of this Agreement or amendment hereto is unenforceable or void, the remainder of the Agreement shall remain in full force and effect. In the event of any unenforceability or voidance, the parties shall negotiate in good faith a replacement provision that, to the greatest extent possible,

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achieves the intended legal and commercial result of the original provision. This Agreement shall immediately terminate if compliance with its terms were to cause one or both parties an unacceptable hardship as a result of a failure to reach an agreement on a replacement provision following such negotiations.

20. GENERAL

The Company and the Advertiser will comply with their respective obligations under Data Regulation and any data processing agreement or arrangement entered into by them in connection with this Agreement. Each party will provide the other party with any cooperation reasonably requested to enable the other party's compliance with this clause. The parties will not do or omit to do any act which may cause the other party to be in breach of any of its obligations under the Data Regulations.

The Company may set off any liability of the Advertiser against any liability of the Company or any monies held by the Company to the Advertiser's account.

No party will be liable for any breach of this Agreement arising from circumstances beyond its reasonable control (i.e. a “Force Majeure Event”). If a Force Majeure Event continues for six months, the unaffected party may terminate this Agreement by giving 30 days' written notice to the other party.

The Advertiser may not assign or subcontract its rights or obligations under this Agreement without the Company's prior written consent. The Company may assign or subcontract its rights or obligations under this Agreement at its own discretion.

Nothing in the Agreement constitutes a partnership or joint venture between the parties, nor constitutes a party the agent of the other. No party has the authority to bind the other unless otherwise agreed in writing. A person who is not a party to this Agreement will not have any statutory rights under or in connection with it.

This Agreement may be executed in counterparts or may be executed and/or transmitted electronically without affecting its validity.

The Company may unilaterally amend the terms of this Agreement. Should the Company decide to exercise this right:

20.7.1 the Company will notify the Advertiser of the changes giving at least 30 days’ prior written notice;

20.7.2 the Advertiser is entitled to object to such changes in writing within 30 days of the notice. Should the Advertiser object, the Company may terminate the Agreement or particular Programme(s) or Service Package(s) (at the Company’s sole discretion), upon notice to the Advertiser.

Except as provided for under clause 20.7, no variation of this Agreement shall be effective unless it is in writing and signed by the parties, or otherwise agreed electronically by use of the Interface.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of the State of New York.

The parties irrevocably agree that the state and federal courts in the count of New York, New York shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Agreement or its subject matter.

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eCreamery Ice Cream & Gifts

Program Terms