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GENERAL TERMS a limited, non - exclusive, non - transferable license to use the Hosted SoBware in accordance with the applicable documentation. 12.2 Customer elects to receive notifications of free product, promotional items and giveaways through the TAN program known as ActiveRewards. TAN will offer the Customer (and for the purposes of clarification not to Customer's users directly) opportunities for free product, promotional items and giveaways at Customer's events) or facility(ies) as applicable, the exact manner and type of which will be mutually agreed upon by Customer and TAN upon Customer's acceptance of a particular program. 12.3 Customer understands that some TAN Products may contain TAN or third party promotions or offers to users and such offers will be made to individuals on an opt -in basis. TAN (and any such third party) shall be responsible for administration and customer service issues on any such offer or promotion. i3. SUPPORT FOR HOSTED SOFTWARE TAN will, during all periods in respect of which Customer has subscribed for Hosted Software, provide Support to Customer (and, where applicable, directly to users of Customer's own services and products who access the Hosted Software) in accordance with applicable sections of the Support and Maintenance Handbook. 14. LICENSE AND BRANDING TAN hereby grants to Customer a limited, non - exclusive, non- transferable license to display, reproduce, distribute, and transmit in digital form TAN's name and logo in connection with promotion of the Online Services only in the manner approved of by TAN during the term of this Agreement. Customer hereby grants to TAN a limited non - transferable license to use, display, reproduce, distribute, adapt and transmit in digital or printed form information provided by Customer relating to its organization, including its name, trademarks, service marks and logo, in connection with the implementation and promotion of the Online Services; provided, however, that such use shall be as necessary to TAN's performance under this Agreement. Customer will make reasonable efforts to encourage adoption of the Online Services, including displaying TAN's name and logo or "Powered by TAN" logo, in the form supplied by TAN from time to time and in a manner approved by TAN, acting reasonably, in any medium used by Customer to promote its programs or services to prospective participants. 15. INFORMATION COLLECTION TAN may collect certain information from individuals as part of a registration process. Customer may Login to TAN's data management system to access this information. Customer is responsible for the security of its login information and for the use or misuse of such information by users authorized by Customer to use the Software and Services. Customer will immediately notify TAN in writing if any such users era no longer authorized. Both parties agree to use the collected information in compliance with (i) all applicable laws, rules and regulations, including, without limitation, those governing online privacy and use of credit card data (i.e. using credit card information only for purposes authorized by the cardholder); (ii) applicable Payment Card Industry Data Security Standards; and (iii) TAN's privacy policy as published on its website. ice. FEES FOR HOSTED SOFTWARE 16.1 Transaction fees. (a) Customer shell pay to TAN the Hosted Software service fees ( "Service Charges) ") as set out in the Pricing Form (b) In cases where TAN's banking or financial partners or similar service providers impose changes in processing costs payable by TAN, TAN reserves the right to modify Service Charges. TAN shall notify Customer at least ninety (90) days in advance of any such changes. Customer agrees to such changes unless Customer provides TAN with written objection to such charges within thirty (30) days from the date such change is implemented. In the event Customer notifies TAN of its objection to the changes as noted above, Customer's sole remedy shall be to immediately terminate the Agreement as applied to the Hosted Softwaze, subject to payment of any fees due prior to such notice of termination. (c) TAN will be responsible for collecting all payments processed through the Online Services and all Service Charges assessed by TAN. All payments are Customer's exclusive property and will be sent to Customer twice a month (or as otherwise indicated in the Pricing Form) while Service Charges shall be retained by TAN. (d) 7f Customer enters transactions at fee amounts less than those actually charged to Customer's Users, thus reducing or avoiding applicable Service Charges, such action shall constitute a material breach of this Agreement. (e) TAN shall no[ ba responsible for processing or making any refunds. In the avant Customer initiates a refund, a fee may be charged by TAN to Customer as set out in the Pricing Form. TAN may set off against user fees collected by TAN to the amount of any credit card charge backs and associated fees applicable to user transactions and to reimburse itself for any overdue fees owed to TAN by Customer_ To the extent that such funds are not available for set off, Customer shall promptly reimburse TAN for any deficiency. (f) In the event Customer is entering into this Agreement and using the Hosted Software for the benefit of a third -party event or organization ( "Third Party Beneficiary "), Customer agrees that TAN may send fees collected by TAN directly to the Third Party Beneficiary. 16.2 Subscription fees. Customer shall pay to TAN the Hosted Software subscription fees ( "Subscription Fees ") if set out in the Pricing Form and for the term of this Agreement established in Section 18 below. Customer will be invoiced for their first year Subscription Fees upon the first live operational use ofthe Hosted SoBware ( "Go- Live Date "), with subsequent annual Subscription Fees being