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2033 Oak Industrial Dr. NE, Grand Rapids, MI 49505 www.terryberry.com
<br />REV: 08-05-26 VR
<br />25/36
<br />store in or process with the SaaS Products any Payment Card Industry (PCI) data, including Cardholder Data (as these terms are
<br />defined under the PCI DSS, or; (n) use the SaaS Products to send, store or process with the SaaS Products any Customer Data that
<br />is subject to the International Traffic in Arms Regulations maintained by the United States Department of State. Fees for the SaaS
<br />Products are based on use of the SaaS Products in a manner consistent with this Agreement and the Acceptable Use Policy (as
<br />defined herein), provided that Terryberry may not unreasonably modify or change the Acceptable Use Policy and any changes shall
<br />be limited to those required by product updates, security considerations, or other reasonable business or legal requirements. If
<br />Customer uses, or is reasonably suspected of using, the SaaS Products in violation of the Agreement or exceeding the licensed
<br />quantities or other entitlement measures as set forth in an applicable Order, Customer shall cooperate with Terryberry to resolve
<br />any non-compliance, which may include payment for any such overages at then-current applicable rates.
<br />1.4.Customer Responsibilities.
<br />1.4.1.Login Access to the SaaS Products. Customer is solely responsible for using commercially reasonable measures to ensure: (i)
<br />that only appropriate Authorized Users have access to the SaaS Products, which may include, but is not limited to, providing prompt
<br />notice to Terryberry whenever an Authorized User is no longer permitted to access the SaaS Products and take necessary steps to
<br />prevent unauthorized access, (ii) that such Authorized Users have been trained in proper use of the SaaS Products, if reasonably
<br />necessary, and comply with the terms of this Agreement and the Acceptable Use Policy, (iii) compliance with all reasonable
<br />Terryberry instructions relating to Customer’s access to or use of the SaaS Products, including instructions specifying specific
<br />windows of time for certain types of Customer Data uploading, (iv) proper usage of passwords, tokens and access procedures with
<br />respect to logging into the SaaS Products, (v) access is not provided to any unaffiliated third party without prior written consent of
<br />Terryberry. Customer shall be responsible for all acts that occur in connection with the accounts of its Authorized Users, including all
<br />transmissions initiated by Authorized Users during use of SaaS Products or Support Services. Terryberry reserves the right to refuse
<br />registration of, or to cancel, login IDs that it reasonably believes to violate the terms and conditions set forth in the Agreement, in
<br />which case Terryberry will promptly inform Customer in writing of such refusal or cancellation.
<br />1.4.2.Security. Customer will: (i) notify Terryberry promptly upon detection of any unauthorized access to or use of the SaaS
<br />Products; and (ii) cooperate with any reasonable investigation by Terryberry of any outage, security problem or suspected breach of
<br />the Agreement. Terryberry shall have no liability for any access to Customer Data or the SaaS Products by unauthorized individuals
<br />that results from Customer’s failure to implement reasonable precautions to secure its systems and access credentials.
<br />1.5.Support. As part of its provision of the SaaS Products, Terryberry shall make available technical support to Customer. Upon
<br />notification from Terryberry, Customer shall promptly update any internet browsers on Customer systems that interact with the
<br />SaaS Products and, as applicable, ensure that all Authorized Users download and install all available browser updates without undue
<br />delay. Customer acknowledges and agrees that its failure to timely install such updates may result in disruptions to or failures of the
<br />SaaS Products, security risks, or suspension of Customer’s access to the SaaS Products, without any liability on the part of
<br />Terryberry to Customer.
<br />1.6.Redemptions. Solely as it applies to the the BeSaving, BeRecognized, BeWell, subscriptions that may be set forth in an Order,
<br />and subject at all times to the limits associated with applicable subscription tier limits for Customer may, in its sole discretion,
<br />allocate and assign award points to its Authorized Users, provided that the total number of award points allocated does not exceed
<br />the number of points included in Customer’s then-current subscription tier or otherwise purchased by Customer. If and to the extent
<br />specified in an applicable Order Form, Authorized Users may redeem points for certain tangible goods, gift cards, or other rewards
<br />made available through the Subscription Services (each a “Redemption”). Customer is responsible for all applicable product sales
<br />taxes and shipping or delivery charges associated with Redemptions. Certain Redemptions may be subject to additional terms
<br />imposed by the applicable Marketplace Provider (for example, terms for prepaid cards or gift cards), and such additional terms will
<br />be made available to Authorized Users by the Marketplace Provider prior to completion of the Redemption. Customer acknowledges
<br />and agrees that, in connection with certain Redemptions, Terryberry may receive affiliate fees, rebates, discounts, or similar
<br />benefits under its arrangements with Marketplace Providers.
<br />1.7.Marketplace Providers. Terryberry may offer Redemptions through third-party providers made available within the Subscription
<br />ATTY/AGR.2026.217/Terryberry (Employee Service Awards) (Page 25 of 36)
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