Service / Subscription Agreement

THE SYMPHONY SOURCE, LLC / ESPRESSO AGENT SERVICE SUBSCRIPTION AGREEMENT

This SYMPHONY SOURCE, LLC / ESPRESSO AGENT SERVICE

SUBSCRIPTION AGREEMENT is by, and between, SYMPHONY SOURCE, LLC, which

Entity is hereinafter referred to, in this Agreement, as, the Company, and

, who is hereinafter referred to, in this Agreement, as, the Subscriber. This Symphony Source, LLC / Espresso Agent Service Subscription Agreement is hereinafter referred to as, this Agreement.

RECITALS:

WHEREAS, Symphony Source, LLC, a Utah Limited Liability Company, with its principal Offices located at 195 West Main Street, in American Fork, Utah, 84003, provides a certain type of Service, relative to Real Estate Property, in the United States of America, and in Canada, which Service is accessed through the Internet, and the Service is known, and referred to as, Espresso Agent, which is a Registered Trademark of the Company, and

WHEREAS, the Subscriber desires to Subscribe, with the Company, Symphony Source, LLC, for their Espresso Agent Service, and

WHEREAS, the Company Agrees to provide their Espresso Agent Service, to the Subscriber, pursuant to the Terms, and Conditions, as set forth in this Symphony Source, LLC / Espresso Agent Service Subscription Agreement, and

WHEREAS, the Company, and the Subscriber, have reached an understanding, and Agreement, relative to the Terms, and Conditions, for the provision, by the Company, to the Subscriber, of the Espresso Agent Service, and

WHEREAS, the Company, and the Subscriber, desire to set forth their understanding, and Agreement, for the provision, by the Company, to the Subscriber, of the Espresso Agent Service, and

WHEREAS, the Company, and the Subscriber, desire to enter into this Symphony Source, LLC / Espresso Agent Service Subscription Agreement,

NOW, THEREFORE,

WITNESSETH:

For, and inconsideration of, the sum of Ten Dollars ($10.00), and other good, and valuable consideration, the receipt of which is hereby acknowledged by the Company, and the

Subscriber, and for, and in consideration of, the Terms, and Conditions, of this Agreement, as set forth in the various Provisions, in the Sections of this Agreement, the Company, Symphony Source, LLC, and the Subscriber, do hereby accordingly Agree, as follows, to-wit:

SECTION ONE

THE SUBSCRIPTION

FOR THE SYMPHONY SOURCE, LLC/ESPRESSO AGENT SERVICE

The Subscriber, who is signatory to this Symphony Source, LLC/Espresso Agent Subscription Agreement, does hereby Subscribe, with the Company, Symphony Source, LLC, for the Espresso Agent Service, and they do hereby Agree to all of the Terms, and Conditions, for their use of the Espresso Agent Service, as set forth in the various Provisions, in the Sections of this Agreement. The Company, Symphony Source, LLC, does hereby Agree to provide the Espresso Agent Service, to the Subscriber, based upon the express understanding that the Subscriber will comply with, and adhere to, all of the Terms, and Conditions, relative to their use of the Espresso Agent Service, as set forth in the various Provisions, in the Sections of this Agreement.

The Subscriber expressly Acknowledges, and Agrees, that the Espresso Agent Service, and the Components of the Service, which will be provided to them, by the Company, pursuant to this Espresso Agent Service Subscription Agreement, including the Information, which is provided to them, may only be used, by them, for Real Estate related purposes, and for no other purpose. The Subscriber expressly Acknowledges, and Agrees, that any other use of the Espresso Agent Service, or any of its Components, including the Information, which is provided to them, is strictly prohibited. In the event that the Subscriber violates this Section of this Agreement, the Company may seek Legal Remedies, against the Subscriber, either in a Court of Law, or by Arbitration, at their Option, and they may seek such Legal Remedies, as they deem to be appropriate, including Injunctive Relief, and Monetary Damages.

The Subscriber also Acknowledges, and Agrees, that the Espresso Agent Service, and all of the Components of the Service, may not be used by any other person, who is not authorized by the Company, to use the Espresso Agent Service and/or any of its’ Components. In the event that the Subscriber wants another person to be able to use the Espresso Agent Service and/or to be able to use any of the Components, of the Service, such person must Register with the Company, and Agree to be bound by, and to follow, all of the Terms, and Conditions, relative to their use of the Espresso Agent Service, which Terms, and Conditions, are set forth in the various Provisions of this Agreement.

SECTION TWO

THE NATURE OF THE ESPRESSO AGENT SERVICE

The Espresso Agent Service is only intended for use in the United States of America, and in Canada. The Espresso Agent Service is not available for use in the European Union or the United Kingdom, or in any other Countries in the World, or for the storage of Personal Data, relative to Individuals, who reside in the European Union or in the United Kingdom, or in any

other Countries in the World. The Subscriber of the Espresso Agent Service, does hereby Acknowledge, and Agree, that they are prohibited from sharing, in any form, or disseminating, any of the Information, which is provided to them, through the Espresso Agent Service, to Individuals, who reside in the European Union or in the United Kingdom, or in any other Countries in the World, and/or to any Entity, located in the European Union or in the United Kingdom, or in any other Countries in the World.

The Symphony Source, LLC/ Espresso Agent Service consists of Two (2) Components, being One (1), the Platform, and Two (2), certain types of Information, relative to certain types of Real Estate Properties. The Two (2) Components of the Espresso Agent Service are as follows, to-wit:

1. The Platform

The Platform consists of the following features:

1. A Single-Line Dialer, and
2. A Customer Relationship Management System (CRM), and
3. A Video Marketing Platform, known, and referred to, as StoryTellr, which enables a Subscriber to send a Video, by Electronic-Mail Communication (E-Mail).

2. Residential Real Estate Property Information

The Residential Real Estate Property Information consists of the following types of Information:

4. Residential Real Estate Property Listed with a Real Estate Brokerage

The Residential Real Estate Property Information, which is provided to the Subscriber, relative to Residential Real Estate Property which was, or has been, Listed with a Real Estate Brokerage, consists, primarily, of the following Categories, which Information is made available to the Subscriber on a daily basis:

1. The Physical Location/Address of the Residential Real Estate Property, which was, or has been, listed for Sale, with a Real Estate Brokerage, within the Multiple Listing Service (MLS) Area, of the Subscriber's Service, and
2. If available, the Name of the Owner, of the subject parcel of Residential Real Estate Property, which was, or has been, listed for Sale, with a Real Estate Brokerage, and which Listing has expired, been cancelled, or withdrawn, and
3. If available, the Mailing Address of the Owner of the subject parcel of Residential Real Estate Property, and
4. If available, the Telephone Number of the Owner of the subject parcel of Residential Real Estate Property, which Telephone Number is designated, if it is listed in the National Do-Not-Call Registry, and
5. If available, the Electronic Communication (E-Mail) Address of the Owner of the subject parcel of Residential Real Estate Property.

In order for the Subscriber to be able to obtain the Information, set forth hereinabove in this Section, in Paragraphs (2)(A), (1-5), the Subscriber must be an Active Member, in good standing, of the Multiple Listing Service (MLS), in the MLS Area, for which they are requesting the Espresso Agent Service.

5. Residential Real Estate Property For Sale by Owner (FSBO)

In the event that the subject parcel of Residential Real Estate Property was not Listed for Sale, with a Real Estate Brokerage, but it is, or was, offered for Sale, by the Owner (FSBO), the same type of Information, as set forth hereinabove, in Section (A), will be provided to the Subscriber.

6. Residential Real Estate Property For Rent by Owner (FRBO)

In the event that the subject Parcel of Residential Real Estate Property was not listed, or offered, for Sale, but it is, or was, available, for Rent, by the Owner (FRBO), the same type of Information, as set forth hereinabove, in Section (A), will be provided to the Subscriber.

7. Neighborhood Residential Real Estate Property Information

The Subscriber may also request Information, relative to Residential Real Estate Properties, in a particular Neighborhood, or Area, and, depending upon the Neighborhood, or Area, if such Information is available, they may receive the same type of Information, as set forth hereinabove, in Section (A). The Company reserves the right to limit the Information, and the Number of Properties, for which the Subscriber has requested Information, in a particular Neighborhood, or Area.

8. Commercial Real Estate Property Information

If a Subscriber requests Information, relative to Commercial Real Estate Property, the Company may be able to provide the same type of Information, as set forth hereinabove, in Section (A), depending upon the availability of such Information, and the Area, for which they are requesting the Information.

In order for the Subscriber to be able to obtain the Information, relative to Commercial Real Estate Property, as set forth hereinabove, in this Section, in Paragraph (2)(A), (1-5), the Subscriber must be an Active Member, in good

standing, of the Multiple Listing Service (MLS), in the MLS Area, for which they are requesting the Espresso Agent Service.

Additional Features of this Component of the Espresso Agent Service, such as, Early Probate Information, Pre-Foreclosure Information, and various other types of Information, may be available, at the time that the Subscriber Subscribes for the Espresso Agent Service. The Subscriber will be advised, at the time that they Subscribe for the Espresso Agent Service, relative to the additional Features, which may be available. The Subscriber will also be advised, at the time of their Subscription for the Espresso Agent Service, relative to the Fees, for the additional Features, for the Service. The Subscriber will have the option to choose which additional Features, if any, that they want. The Subscription Fee for the Espresso Agent Service, will be determined, at that time, and they will be advised accordingly.

In the event that the additional Features, of this Component of the Espresso Agent Service, become available, during the then-existing Term of the Subscriber’s Espresso Agent Service Subscription, the Subscriber will be able to obtain the additional Features, if they want. In the event that the Subscriber wants any of the additional Features, they will be advised, relative to the Fee for the additional Features, and their Subscription Fee will be adjusted accordingly.

Symphony Source, LLC attempts to provide, to the Subscriber, the most accurate Data and Information available, relative to the Espresso Agent Service, at the time of their Subscription, and during the Term of their Subscription; however, the Data and Information, which is provided to the Subscriber, may be subject to inaccuracies. Relative to Information, which is provided by Symphony Source, LLC, to the Subscriber, pursuant to the Espresso Agent Service, in regard to Telephone Numbers, the Subscriber Acknowledges, and Agrees, that they are responsible for verifying the Do-Not-Call (DNC) Status, of the Telephone Numbers, which are provided to them, by Symphony Source, LLC, prior to initiating a Telephone Call, to any Telephone Number. The Subscriber can access the Do-Not-Call (DNC) Information, and Status of Telephone Numbers, on the Do-Not-Call (DNC) Website at, telemarketing.donotcall.gov.

The Subscriber Acknowledges that the Data and Information, which is provided to them, relative to the Espresso Agent Service, may not always be accurate. The Subscriber Agrees to hold Symphony Source, LLC and its’ Members, and their Agents, Employees, and Representatives, Harmless, from any such inaccuracies, and to Release Symphony Source, LLC, and its’ Members, and their Agents, Employees, and Representatives, from any Liability, as a result of any inaccuracies, relative to the Data and Information, which is provided to them, pursuant to the Espresso Agent Service.

CONDITIONS, RELATIVE TO THE SUBSCRIBER’S USE OF THE ESPRESSO AGENT SERVICE

The Subscriber Agrees that, when they are using the Dialer, which is provided to them, by Symphony Source, LLC, relative to their Espresso Agent Service, they will not use a Telephone Number, that is not owned, or controlled, by them. The Subscriber also Agrees that they will not use False or Fraudulent Telephone Identification Information, or transmit, or display, Misleading or Inaccurate Caller Identification Information. The Subscriber Agrees that they will let the Telephone, of the Party that they are calling, ring at least Four (4) times, or at least Fifteen (15) seconds. The Subscriber Agrees that they will not leave a Pre-Recorded Message, and they will not send a Short Message Service (SMS)/Text Message. Also, the Subscriber Agrees they will not call any Property Owner, whose Telephone Number is listed on the State or Federal Do-Not-Call (DNC) Registry, unless they have Express Written Consent, from the Property Owner, to contact/telephone them, using that Telephone Number.

Information, relative to the Do-Not-Call Issue, is set forth in Section Twenty-Three, Sub-Section (F), on Page 40 of this Agreement. The Subscriber Acknowledges and Agrees that, as a Subscriber to the Symphony Source/Espresso Agent Service, they are required to comply with the State and Federal Do-Not-Call (DNC) Laws, Rules, and Regulations. The Subscriber Agrees that they will comply with the State and Federal Laws, Rules, and Regulations, relative to the Do-Not-Call (DNC) Issue.

In the event that the Subscriber does not comply with the State and Federal Do-Not-Call (DNC) Laws, Rules, and Regulations, the Company will Terminate this Agreement, and not provide the Espresso Agent Service to the Subscriber. In the event that the Subscriber does not comply with the State and Federsl Laws, Rules, and Regulations, relative to the Do-Not-Call (DNC) requirements, and, in the event that a Legal Action is filed against the Company, for the violation of the State and/or Federal Do-Not-Call (DNC) Laws, Rules, and Regulations, by the Subscriber, the Subscriber Agrees to Indemnify, and hold Harmless, the Company, and the Members, Officers, Directors, Agents, Employees, and Representatives of the Company, from any Liability, and Monetary Damages, Attorney Fees and Court Costs, which may be incurred by the Company, relative to the violation, by the Subscriber, of the State and/or Federal Do-Not-Call (DNC) Laws, Rules, and Regulations.

SECTION THREE

REGISTRATION BY THE SUBSCRIBER FOR THE SERVICE/PASSWORD AND SECURITY

The Company, and the Subscriber, expressly Acknowledge, and Agree, that this Agreement, is, only, by, and between, Symphony Source, LLC, and the Subscriber, and that this Agreement is not, by, and between, Symphony Source, LLC and/or the Brokerage or Entity, with which the Subscriber is Associated and/or Affiliated and/or the Subscriber's Agents, Employees, or Representatives. Further, Symphony Source, LLC and the Subscriber expressly Acknowledge, and Agree, that this Agreement does not create any type of Relationship, Agency, or otherwise, by, and between, Symphony Source, LLC, and the Subscriber, and/or the Brokerage or Entity,

with which the Subscriber is Associated and/or Affiliated, and/or the Subscriber’s Agents, Employees, or Representatives.

In order to become a Subscriber, with the Company, for the Espresso Agent Service, the Subscriber must complete a Subscription Form, which Form is set forth on the Espresso Agent Website, which Website is www.espressoagent.com. The Subscriber is also required to choose a Password, and a Symphony Source Identification (ID) Name. The Subscriber Agrees not to provide false, inaccurate, or misleading Information, on the Service Subscription Form.

The Subscriber is also responsible for maintaining the Confidentiality of the Subscriber's Password, Identification (ID) Name, and Account Information. The Subscriber Agrees that they shall not share, or disclose, their Password, Identification (ID) Name, or any of their Account Information, with any Third-Parties, including the Brokerage, or Entity, with which the Subscriber is Associated and/or Affiliated and/or the Subscriber’s Agents, Employees, or Representatives. The Subscriber Acknowledges, and Agrees, that they are responsible for any, and all, activities that occur, relative to the Subscriber's Account. The Subscriber Agrees to notify the Company, immediately, relative to any unauthorized use of the Subscriber's Account, or any other breach of Security, relative to their Espresso Agent Service Account.

The Subscriber Acknowledges, and Agrees, that the Company may rely on any Information, Instruction, or Request, submitted to the Company, by the Subscriber, which is reasonably believed, by the Company, to be genuine, and to have been sent, or presented, by the Subscriber, or by a person, reasonably believed, by the Company, to be authorized to act for, and on behalf of, the Subscriber. The Subscriber shall notify the Company, at cs@espressoagent.com, of any known, or suspected, breach of Security, relative to their Espresso Agent Service Account, including the loss, theft, or unauthorized disclosure, of the Subscriber's Password, Identification (ID) Name, and Account Information.

The Subscriber Acknowledges, and Agrees, that they shall be responsible for maintaining the Confidentiality of their Espresso Agent Service Account. Any unauthorized use of the Subscriber’s Espresso Agent Service or any of the Features and Components of the Espresso Agent Service, or any fraudulent, abusive, or otherwise illegal activity, relative to their use of the Espresso Agent Service, may be grounds for the Termination of this Agreement, and the Termination of the provision of the Espresso Agent Service, to the Subscriber. The Subscriber Agrees that they will promptly notify the Company, if the Subscriber is aware of any person who, in the Subscriber's opinion, is intending to misuse the Espresso Agent Service or any of the Components of the Espresso Agent Service. The Company and the Subscriber expressly Acknowledge, and Agree, that the Company has full, and unlimited, access to the Subscriber's Espresso Agent Service Account.

The Company Agrees to provide such Technical Support, to the Subscriber, as may be reasonably required, relative to the provision of the Espresso Agent Service. The Subscriber Agrees to provide any, and all Information, which may be requested by the Company, which Information the Company deems to be necessary, including the full, and unlimited, access to the Subscriber's Account, in order to provide Technical Support or for any other reason.

SECTION FOUR

USE OF THE SUBSCRIBERS SYMPHONY SOURCE, LLC/ESPRESSO AGENT SERVICE BY A SECOND-PARTY

The Symphony Source, LLC/Espresso Agent Service is for the sole, and exclusive, use of the Subscriber. In the event that the Subscriber, to this Symphony Source, LLC/Espresso Agent Subscription Agreement, wants an Individual referred to as, a Second-Party, to be able to use their Espresso Agent Service or any of the Components and/or Features of the Espresso Agent Service, the Company may allow the Second-Party usage of the Espresso Agent Service, or any of the Components and/or Features of the Service, depending upon the circumstances, relative to such Second-Party usage of the Espresso Agent Service. In this regard, the Second-Party must be an Employee of the Subscriber, or an Authorized Representative of the Subscriber, or a Real Estate Agent, with whom the Subscriber is Associated and/or Affiliated.

Prior to any Second-Party Usage of the Espresso Agent Service, or the use of any of the Components and/or Features of the Service, the Subscriber must contact the Company, and request the Company’s Authorization for the Second-Party Usage of the Espresso Agent Service or any of its’ Components and/or Features. The Subscriber must submit their Request, to the Company, in Writing, either by Written Correspondence, or by an Electronic Communication (E-mail) sent to the Company at the following Address, to-wit: cs@espressoagent.com, and they must telephone Espresso Agent Support at 1-886-204-3734, to advise them, as well.

The Request must set forth the Name of the Second-Party, and the type of Relationship by, and between, the Subscriber and the Second-Party, and a description of the type of Second-Party Usage, which the Subscriber is requesting. The Company will review the Request for the Second-Party Usage of the Service, and will advise the Subscriber accordingly.

In the event that the Company grants Authorization, to the Subscriber, for the Second-Party Usage of their Espresso Agent Service or any of its’ Components and/or Features, the Second-Party will be required to choose a Password and a Kai Data Identification (ID) Name, which Password and Identification Name (ID) will be different from the Subscriber’s Password and Identification Name (ID). In the event that the Company authorizes the Second-Party use of the Espresso Agent Service, and its’ Components or Features, and, in the event that the Subscriber requests an additional Dialer, the Company will provide One (1) additional Single-line Dialer for use by the Second-Party. The Subscriber will be required to pay an additional Fee for the Dialer, and may be required to pay an additional Fee for the Components and/or Features of the Service, which will be used by the Second-Party.

The Subscriber Acknowledges, and Agrees, that they shall be responsible for any, and all, activities that occur, relative to the use of the Espresso Agent Service and/or any of the Components and/or Features of the Espresso Agent Service, by the Second-Party. Any unauthorized use of the Subscriber’s Espresso Agent Service or any of its’ Components and/or Features, by the Second-Party, or any fraudulent, abusive, or otherwise illegal activity, by the Second-Party, of the Subscriber’s Espresso Agent Service or any of its’ Components and/or Features, may be grounds for the Termination of this Agreement, and the Termination of the provision of the Espresso Agent Service, to the Subscriber.

The Subscriber Agrees to Indemnify, and to hold Harmless the Company, and their Associated and/or Affiliated Companies, and their respective Members, Officers, Directors, Employees, Agents, and Representatives, from any, and all, claims, demands, liability, losses, legal actions, proceedings, settlements, and judgments, damages, and expenses, including Attorney’s Fees, which may be asserted against the Company, and/or their Associated and/or Affiliated Companies, and their respective Members, Officers, Directors, Employees, Agents, and Representatives, or which may result by virtue of the use by the Second-Party of their Espresso Agent Service and/or any of its’ Components and/or Features. This Indemnification also includes any Material Breach by the Second-Party of any of the Terms and Conditions, relative to their use of the Espresso Agent Service, as set forth in this Agreement. This Indemnification also includes any type of Monetary and/or other type of Damages, which may be incurred by the Company, as a result of the use of the Espresso Agent Service, or any of its’ Components and/or Features by the Second-Party. The unauthorized use of the Subscriber’s Espresso Agent Service and/or any of its’ Components and/or Features is strictly prohibited and, in the event that the Subscriber allows any unauthorized use of the Espresso Agent Service and any of the Components and/or Features of the Espresso Agent Service, by a Second-Party, the Subscriber’s Espresso Agent Subscription will be immediately terminated, and the Subscriber will not be entitled to a refund of their Espresso Agent Service Subscription Fee.

SECTION FIVE

THE TERM FOR THE ESPRESSO AGENT SERVICE

The Term, for the Espresso Agent Service, is, generally, Monthly. The Service will Automatically Renew, at the end of each Month, for the following Month, unless the Subscriber notifies the Company that they do not want to Renew their Subscription for the Service. The Notification must be sent to the Company, at least Five (5) Business Days, prior to the beginning of the next Billing Cycle Date. The Notification should be sent to the Company by Electronic Communication (E-Mail) to, cs@espressoagent.com.

The Company also provides a Contract Subscription Term for the Service, and the Subscriber may choose a Contract Subscription Term, for the Service, of Six (6) Months, Twelve

(12) Months, or an Annual Contract, or Twenty-Four (24) Months. In the event that the Subscriber selects a Contract Subscription, relative to their Subscription for the Espresso Agent Service, the Contract Subscription will be set forth, in an Attachment, to this Agreement. The Contract Subscription, for the Espresso Agent Service, will Automatically Renew at the end of the Contract Term, unless the Subscriber notifies the Company that they do not want to Renew their Contract Subscription for the Service. The Notification must be sent to the Company at least Thirty (30) Days, prior to the end of the Contract Subscription. The Notification should be sent to the Company by an Electronic Mail Communication (E-Mail) to, cs@espressoagent.com. The Subscriber may choose to continue their use of the Espresso Agent Service, pursuant to a different Term for the Service.

The Contract, for the Espresso Agent Service Subscription, that the Subscriber chooses, will be set forth, in an Attachment, to this Agreement, which Attachment is incorporated into, and made a part of, this Agreement. Reference to which Attachment is hereby made for all pertinent purposes.

The Company may also provide an Espresso Agent Service Subscription Term for Real Estate Brokerages. The Espresso Agent Service Brokerage Subscription consists of several choices, and the Fee for the Brokerage Subscription, depends upon the choice selected by the Brokerage, and the Number of paid Accounts for the Service. In the event that a Brokerage subscribes for the Espresso Agent Service Brokerage Subscription, the Brokerage Subscription will be set forth in an Attachment to this Agreement, which Attachment will set forth details of the Brokerage Subscription. Reference to which Attachment is hereby made for all pertinent purposes.

This Agreement, and the provision of the Espresso Agent Service, will be Terminated, in the event that the Subscriber does not pay the required Fee for the Service. This Agreement may also be Terminated, by the Company, for various other reasons, as set forth in this Agreement, in Sections Seven, Eight, and Nine.

The Company reserves the right to Terminate this Agreement and/or not allow the Subscriber to Renew this Agreement, for any reason that they may deem to be appropriate. The Company also reserves the right to Terminate this Agreement and/or not allow the Subscriber to Renew this Agreement, in the event that, for some reason, the Company is not able to provide any Component of the Service. In the event that the Company decides to Terminate this Agreement, for any reason, or decides not to allow the Subscriber to renew this Agreement, the Company shall notify the Subscriber, and advise them accordingly, prior to the end of the Subscriber’s Term for the Service.

In the event that the Subscriber cancels their Subscription, to the Espresso Agent Service, during the Term of their Subscription for the Espresso Agent Service and, subsequently, decides to Re-activate their Subscription, for the Espresso Agent Service, they will be required to sign a new Subscription Agreement, for the Espresso Agent Service, at the time of their Re-activation for the Service. At the time of the Re-activation, by the Subscriber, for the Espresso Agent Service, they will be required to pay the Fee, which is operative, at the time of their Re-activation for the Service. The Subscriber will be required to re-confirm, the Credit Card Information, which Credit Card will be used, by the Subscriber, for the payment of the Fee for the Espresso Agent Service.

SECTION SIX

THE SUBSCRIPTION FEE FOR THE ESPRESSO AGENT SERVICE

The Company offers different Levels of the Espresso Agent Service, and additional Features, and additional Components, may become available, relative to the different Levels, and the Subscription Fee, for the Service, will depend upon the Level of the Service, and the additional Features, and the additional Components, which the Subscriber chooses. The Subscriber Agrees to pay, to the Company, a Fee, for the Espresso Agent Service, which Fee will vary, depending upon the Term of the Subscription for the Service, and the Level of the Service, and the additional Features, and the additional Components, which the Subscriber chooses. At the time of the Subscription for the Service, the Subscriber will be advised, of the Fee, for the Service. The Fee for the Service will also depend upon the Term that the Subscriber chooses for the Service, being Monthly, or a Contract Term, of Six (6) Months, Twelve (12) Months,

Twenty-Four (24) Months, or an Annual Contract. The Fee for the Service will be paid Monthly, unless the Subscription is for an Annual Contract Subscription. The Fee for the Annual Contract Subscription is paid, in-full, at the time of the Subscription for the Service.

The Fee, for the Espresso Agent Service, that the Subscriber will be required to pay for the Service, will depend upon the Components, and the Features of the Components, that the Subscriber chooses, and the Fee will also depend upon the type of Subscription Term that the Subscriber chooses. The Subscriber will be advised of , and Agree to, the Fee for the Espresso Agent Service, at the time that they Subscribe for the Service.

At the time that the Subscriber initially subscribes for the Service, the Subscriber will provide, to the Company, a Credit Card, and any necessary Information, which may be required, relative to the Credit Card, which Credit Card will be used, by the Subscriber, for the payment of the Fee, for the Espresso Agent Service. The Subscriber's Credit Card Number, and related Information, will be protected, in compliance with the Payment Card Industry (PCI) Standards. The Subscriber expressly Acknowledges, and Agrees, that any Automatic Re-occurring Payments may be charged to their Credit Card, which is on file, with the Company. In the event that the Subscriber desires to change the Credit Card, to be used, for payment of the Fee for the Service, the Subscriber can do so, by advising the Company of the change, and by deleting the original Credit Card, on file, and adding the new Credit Card, and relevant Credit Card Information. The Subscriber expressly Acknowledges, and Agrees, that, in the event that a Subscriber allows a Third-Party to use the Subscriber’s Credit Card, which is on file with the Company, to modify the Subscriber’s Subscription for the Espresso Agent Service or to Re-Activate the Subscriber’s Subscription for the Espresso Agent Service, the Subscriber will be responsible for the actions of the Third-Party in this regard, and the Subscriber will be required to pay the Fee, for the Modification of the Service or the Re-Activation of the Service.

SECTION SEVEN

THE COMPANY TO BE A VIRTUAL ASSISTANT TO THE SUBSCRIBER, RELATIVE TO THE ESPRESSO AGENT SERVICE

The Subscriber hereby engages the Company to be the Subscriber's Virtual Assistant, relative to the Espresso Agent Service, solely for the purpose of collecting Information, relative to Real Estate Properties. The Subscriber is responsible for ensuring that any actions to be taken, by the Company, at the request of the Subscriber, will be in compliance with all applicable Local, State, and Federal Laws, Rules, and Regulations, and the Multiple Listing Service (MLS) Rules and Regulations, in all Jurisdictions, in which the Service is provided to the Subscriber, by the Company.

The Subscriber and the Company expressly Acknowledge, and Agree, that, although the Company is acting as a Virtual Assistant, for the Subscriber, solely for the purpose of collecting Information, relative to Real Estate Properties, this Relationship does not create any type of Employment Relationship and/or any type of Agency Relationship by, and between, the

Company, and the Subscriber, and/or the Brokerage or Entity, with which the Subscriber is Associated or Affiliated.

SECTION EIGHT

RESTRICTIONS, RELATIVE TO THE USE OF THE ESPRESSO AGENT SERVICE BY THE SUBSCRIBER

The Subscriber's Rights to use the Espresso Agent Service are limited solely to the Rights, as set forth in this Agreement, and are subject to the Terms, and Conditions, of this Agreement, and are subject to the Subscriber's Payment of the Fees for the Service. The Company retains all Rights, not expressly granted to the Subscriber, in this Agreement. There are no implied Rights granted, by the Company, to the Subscriber, relative to the Espresso Agent Service. This Agreement does not grant, to the Subscriber, any ownership interest, right, title, security interest, or any other type of interest, in the Company, or the Espresso Agent Service, or to the Source Code or Object Code of the Espresso Agent Service, or to the Company's Intellectual Property Rights.

The Subscriber Agrees that the Subscriber will not directly, or indirectly, or through any subsidiary, affiliate, agent, designated technician, Employee, or any other Third-Party, engage in any of the following Activities, relative to the Espresso Agent Service, to-wit:

1. Use the Espresso Agent Service, or Information, provided to the Subscriber, by the Company, in violation of the Terms of this Agreement, or
2. Grant to any Third-Party, a Security Interest, or sub-license, of their Subscription of the Espresso Agent Service, or sell, lend, rent, lease, give, transfer rights to, and/or assign, any of the Subscriber’s Rights, relative to their Subscription for the Espresso Agent Service, or any Component of the Service, and/or the Information provided to the Subscriber, or
3. Provide, lend, disclose, divulge, or make available to, or permit the use of the Espresso Agent Service, or any Component of the Espresso Agent Service, or Information, provided to the Subscriber to any Third-Party, or
4. Use the Espresso Agent Service, or any Component of the Service, or Information provided to the Subscriber, in any Service Bureau, Facility Management, or Time-Sharing Arrangement, or
5. Remove, obscure, or alter any notice of Patent, Copyright, Trade Secret, or Trademark of the Company, or infringe upon the Proprietary Rights of the Company, or
6. Reverse-engineer, de-compile, or re-compile, the Components of Espresso Agent Service, or otherwise attempt to discover the Source Code or Trade Secrets, relative to the Espresso Agent Service, or any Component thereof; or
7. Modify the Espresso Agent Service, or create derivatives, or derivative works, of the Service, or
8. Circumvent any Technical Limitations of the Espresso Agent Service, or
9. Assign, sell, or transfer, the Rights, granted to the Subscriber, pursuant to this Agreement, relative to the Espresso Agent Service to any Third-Party, or
10. Allow concurrent, or simultaneous, use of the Espresso Agent Service, on two or more Physical Systems, unless multiple Subscriptions are granted to the Subscriber, or
11. Disseminate, or disclose to any Third-Party, the Subscriber's Espresso Agent Account Password, or their Symphony Source Identification (ID) Name, or allow anyone else to utilize the Subscriber's Espresso Agent Account, for access to the Espresso Agent Service.

SECTION NINE

PROHIBITIONS, RELATIVE TO THE USE OF THE ESPRESSO AGENT SERVICE BY THE SUBSCRIBER

Any unauthorized use of the Espresso Agent Service, by the Subscriber, is expressly Prohibited. The Subscriber agrees to abide by all applicable Local, State, and Federal Laws, Rules, and Regulations, relative to the Espresso Agent Service, and the Subscriber is solely responsible for all acts, or omissions, which occur, pursuant to the Subscriber's Account or Password or Symphony Source Identification (ID) Name. The Subscriber expressly Agrees as follows, to-wit:

1. Not to use the Espresso Agent Service in connection with chain letters, junk e-mail, pyramid schemes, untrue, inaccurate, misrepresentative, deceptive, or otherwise unethical testimonials, cross-soliciting, money games, spamming, or any duplicative or unsolicited messages, commercial or otherwise, and
2. Not to harvest, or otherwise collect, Information about Third-Parties, including Electronic Communication (E-Mail) Addresses, without their consent, and
3. Not to create a False Identity or forged Electronic Communication (E-Mail) Address, or otherwise attempt to mislead others, relative to the Identity of the Subscriber, or the origin of the message, and
4. Not to transmit, through the Espresso Agent Service, unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable messages, or material, of any kind or nature, and
5. Not to transmit any Material that may infringe upon the Intellectual Property Rights, or other rights, of Third-Parties, including Patent, Trademark, and

`Copyright Infringement, and

6. Not to Libel, Defame, or Slander any person or entity, or infringe upon any Person’s Privacy Rights, and
7. Not to transmit any material that contains Viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs, and
8. Not to violate any Law, Rule, or Regulation, relative to the transmission of Information, exported through the Espresso Agent Service, and
9. Not to interfere with, or disrupt, Networks, connected to the Espresso Agent Service, or violate the Rules and Regulations, Policies, or Procedures, of such Networks, and
10. Not to attempt to gain unauthorized access to the Service, or to other Accounts, Computer Systems, or Networks, connected to the Espresso Agent Service, through Password Mining or any other means, and
11. Not to interfere with any other Subscriber’s use of the Espresso Agent Service, or another Entity’s use of the Service, or engage in any activity that could subject the Company to Civil or Criminal Liability.

SECTION TEN

FORBIDDEN CONDUCT BY THE SUBSCRIBER, RELATIVE TO THE ESPRESSO AGENT SERVICE

The Subscriber Agrees not to host, post, or promote any Website, on the Company's Espresso Agent Platform, which advocates, encourages, endorses, or makes possible, any form of pornography, gambling, pyramid schemes, or provide illegal, untrue, inaccurate, misrepresentative, deceptive, or otherwise unethical Information, or provide any type of Business Method, or concept, that is unethical, illegal, or otherwise objectionable. The Subscriber Agrees not to post, or promote, any Copyrighted Materials, that are not their own. The Subscriber Agrees not to post, or promote, any Material which is pornographic, threatening, embarrassing, hateful, racially or ethically insulting, libelous, or otherwise inappropriate.

The Subscriber is prohibited from transmitting through the Espresso Agent Service, any Material that is, in the Company's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct which would constitute a Criminal Offense, or give rise to Civil Liability, or otherwise violate any Local, State, National, or International Law, Rule, or Regulation. Such action will result in the immediate Termination of the Subscriber’s Account, and the Subscriber may be subject to Legal Action. The Company will also delete all of the Information contained in the Subscriber’s Account.

SECTION ELEVEN

THE EXPORT OF INFORMATION BY THE SUBSCRIBER, RELATIVE TO INFORMATION OBTAINED BY THE SUBSCRIBER THROUGH THE ESPRESSO AGENT SERVICE, AND THE USE OF THE COMPONENTS, OF THE ESPRESSO AGENT SERVICE

The Subscriber expressly Acknowledges, and Agrees, that they will not Export any of the Information, obtained by them, through, and by virtue of, the Espresso Agent Service, other than for Real Estate related purposes, and which are Legal, and in compliance with all applicable Local, State, and Federal Laws, Rules, and Regulations, and the Individual, Entity, or Service, to whom, and to which, they Export such Information, must be owned by them, or under their

control. The Subscriber may not Export the Information obtained by the Subscriber, through, and by virtue of, the Espresso Agent Service, for any of the following Purposes, to-wit:

1. For any illegal, or unlawful activity, or purpose, or
2. In violation of any Local, State, Federal, or International Laws, Rules, and Regulations, or
3. For any type of pornography, gambling, or pyramid schemes, or
4. For any type of Business, or other, Purpose, other than Real Estate related purposes, pursuant to this Agreement, or
5. To threaten, embarrass, harass, abuse, insult, slander, libel, or defame, or encourage conduct, which would constitute a Criminal Offense, or be a basis for Civil or Criminal liability, or otherwise violate any Local, State, Federal, or International Laws, Rules, or Regulations, or
6. To try directly, or indirectly, or through a Third-Party, to influence any act, or decision, of any Official, Employee, or Representative of any Government Agency, or
7. To try directly, or indirectly, or through a Third-Party, to influence any act, or decision, of any Political Party, or Officials thereof, or any Candidate for any Political Office, and
8. The Subscriber may not, for any purpose, Export any of the Information, which they obtain through, and by virtue of, the Espresso Agent Service, to any Individual, Entity, Organization, or Agency, outside of the Unites States of America, other than Canada, or use any of the Components, of the Espresso Agent Service outside of the United States of America, other than Canada.

The Violation of this Section of this Agreement by the Subscriber, will result in the immediate Termination, by the Company, of this Agreement, and the deletion of all of the Information, which is contained in the Subscriber's Account. Depending upon the nature of the Violation, by the Subscriber, of this Section of this Agreement, the Company may also institute a Legal Action, against the Subscriber, for Monetary Damages, or other type of Legal Remedies, such as an Injunction.

SECTION TWELVE

THE IMPORT OF INFORMATION BY THE SUBSCRIBER, INTO THE ESPRESSO AGENT SERVICE CUSTOMER RELATIONSHIP MANAGEMENT (CRM) PLATFORM

The Subscriber may Import, into the Customer Relationship Management (CRM) Platform of the Espresso Agent Service, certain types of Information, which Information, is imported into the CRM, by the Subscriber. The Subscriber may Import, into the Customer Relationship Manager (CRM) Platform of the Espresso Agent Service, Information which is obtained, by the Subscriber, from a source, other than the Company.

In the event that the Subscriber Imports Information, into the Espresso Agent Service Customer Relationship Management (CRM) Platform, from a Source, other than the Company, the Information must meet the following Criteria, to-wit:

1. The Subscriber must have the Legal Right to such Information, and
2. The Subscriber agrees not to Import any Information, into the Espresso Agent Customer Relationship Management Platform (CRM), which Information is pornographic, obscene, threatening, embarrassing, hateful, racially, or ethically insulting, libelous, slanderous, defamatory, or otherwise inappropriate, or which would constitute a Criminal Offense, or give rise to Civil Liability, or violate any Local, State, National, or International Laws, Rules, or Regulations.

The Violation of this Section of this Agreement will result in the immediate Termination, by the Company, of this Agreement, and the deletion of all of the Information, which is contained in the Subscriber's Account. Depending upon the nature of the Violation, by the Subscriber, of this Section, the Company may also institute a Legal Action, against the Subscriber, for Monetary Damages, and other types of Legal Remedies, such as an Injunction.

SECTION THIRTEEN

THE DISCLAIMER OF WARRANTIES BY THE COMPANY,RELATIVE TO THE ESPRESSO AGENT SERVICE

The Company does not Represent, or Warrant, Expressly, or Impliedly, that the Espresso Agent Service will meet the Subscriber’s Requirements, or needs, and the Company does not make any Representations, or Warranties, Express, or Implied, relative to the results that may be obtained, by the Subscriber, by virtue of their use of the Expresso Agent Service. The Subscriber expressly Acknowledges, and Agrees, that there are no Warranties, or Representations, made, to them, by the Company, Express, or Implied, Written, or Oral, by Statute, operation of Law, or otherwise, relative to the Espresso Agent Service.

SECTION FOURTEEN

THE LIMITATION OF LIABILITY OF SYMPHONY SOURCE, LLC, RELATIVE TO THE ESPRESSO AGENT SERVICE

The Subscriber expressly Acknowledges, and Agrees, that, the Company, Symphony Source, LLC, and its Members, Officers, Directors, Associated and/or Affiliated Companies, Employees, Agents, Representatives, Vendors, and Suppliers, shall not be liable, to the Subscriber, for any type of Monetary Damages, incidental, indirect, special, compensatory, punitive, consequential, or otherwise, which may be incurred by the Subscriber, for the loss of profits and revenues, by the Subscriber, relative to their use of the Espresso Agent Service.

The Subscriber expressly Acknowledges, and Agrees, that the Company shall be excused, from their obligations, and the provision, by the Company, to the Subscriber, of the Espresso Agent Service, as a result of Causes, beyond their control, including, without limitation, Natural

Disasters, Civil Disruptions, Terrorism, Cyber Attacks, War, or other Hostilities, Labor Disputes, and Governmental Laws, Rules, and Regulations, or their inability to operate, and to provide the Espresso Agent Service, as a result of Power Failure, or other Circumstances.