King Reward is owned and operated by ERC Holding Group LLC and all of its subsidiaries worldwide.

By using King Reward software, YOU acknowledge and agree to the following terms:

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING KING REWARD.

THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ERC HOLDING GROUP LLC.

Agreement

1. You agree to use King Reward (as defined below) to generate digital rewards for use on any supported operating systems and devices. ERC Holding Group LLC is willing to grant you the use of King Reward to generate Digital Rewards under the terms and conditions set forth in this Agreement.Aceptar este Acuerdo

Definitions

1.1 Acceptance

To use King Reward software and related services, you must first accept this Agreement. If you do not or cannot accept this Agreement, you are not allowed to use King Reward.

You accept the terms of this Agreement on your own behalf and / or on behalf of your business, organization, educational institution or agency, instrumentality, or government department as your authorized legal representative, by any of the following actions:

– Checking the Terms of Use box and clicking Register on the registration page.

– Using King Reward software.

1.2 Definitions

Provided it is capitalized in this Agreement:

“Agreement” means the King Reward License Agreement, including any exhibits and exhibits incorporated herein by this reference.

“Documentation” means any technical or other specification or documentation that ERC Holding Group LLC may provide you for use in connection with King Reward.

“Rewards” means one or more digital stamp cards developed by You under this Agreement.

“King Reward” means the online services provided and maintained by ERC Holding Group LLC for the design, production, distribution, administration and analysis of rewards. For the purposes of Exhibit 1, King Reward means a trademark of ERC Holding Group LLC.

“ERC Holding Group LLC” means ERC Holding Group LLC, a US-incorporated company based in Houston Texas.

“You” and “Your” means and refers to the person (s) or legal entity (whether company, organization, educational institution or government agency, instrumentality or department) using King Rewar and exercising rights in under this Agreement. For the sake of clarity, you may authorize contractors to use King Reward on your behalf.

2 Using King Reward and restrictions

2.1 Permitted uses and restrictions

Subject to the terms and conditions of this Agreement, ERC Holding Group LLC grants You a limited, non-exclusive, personal, revocable, non-sub-licensable and non-transferable permission to Generate, Distribute and Update Rewards.

(b) Use the King Reward ID for the sole purpose, without exception, of evaluation, development and testing of reward designs and you are not allowed to promote other content; You understand and agree that the rewards generated by you and signed with King Reward are issued and are the property of your company and any action regarding the content you post is the property of your company and not of ERC Holding Group LLC. Therefore you are responsible for complying with what it says in each reward you generate.

3 Your obligations

3.1 General

You certify to ERC Holding Group LLC and agree that: (a) You are of legal age of majority in the jurisdiction in which you reside (at least 18 years in many countries) and have the right and authority to enter into this Agreement in your own name, or if you are entering into this Agreement on behalf of your company, organization, educational institution or agency, instrumentality or department of the federal government, that you have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement; (b) All information provided by You to ERC Holding Group LLC or Your end users in connection with this Agreement or Rewards, including, without limitation.

The information will be current, true, accurate, consistent and complete and, with respect to the information you provide to King Reward, you will immediately notify ERC Holding Group LLC of any changes to such information. In addition, you agree that ERC Holding Group LLC may share such information (including email address and postal address) with third parties who have a need to know it for related purposes (for example, intellectual property questions, customer service inquiries, etc.); (c) You will abide by the terms and obligations of this Agreement, and you agree to be fully responsible for any actions that you take in connection with Your rewards and your compliance with the terms of this Agreement; (d) You will be solely responsible for all costs, expenses, losses, and liabilities incurred and for your activities in connection with King Reward, Your Rewards, and Your related development and distribution efforts, including, but not limited to, efforts to related development. , network and server equipment, Internet service (s) or any other hardware, software or services that you use in connection with your use of any service; (e) For the purposes of Exhibit 1, you represent and warrant that you possess or control the rights necessary to designate ERC Holding Group LLC as your worldwide agent for the delivery of your rewards, and that ERC’s fulfillment of such designation Holding Group LLC. will not violate or infringe the rights of any third party; and (f) You will not act in a manner that conflicts with or interferes with any existing commitments or obligations You may have and no agreements previously entered into by You will interfere with the performance of Your obligations under this Agreement.

3.2 Using King Reward

As a condition of using King Reward, you agree that: (a) You will only use King Reward for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations; (b) You will not use King Reward for any illicit or illegal activity, or to generate a reward that could commit or facilitate the commission of a crime or other illegal or illegal act; (c) To the best of your knowledge and belief, your rewards and Pass Information do not violate, misappropriate, or infringe the copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary rights. o legal rights (for example, photo or image rights, logo rights, data rights of third parties); (d) You agree that all development of Rewards must be in accordance with the terms of this Agreement.

3.3 Privacy

You must provide clear and complete information to users regarding Your rewards, use and disclosure of user or device data, for example, a link to Your privacy policy. In addition, you must take appropriate measures to protect such data from unauthorized use, disclosure or access by third parties. If a user stops giving consent or affirmatively revokes consent to their collection, use or disclosure of their user or device data, they must immediately stop using it.

4 Distribution of rewards; Marketing permissions

Subject to the terms of this Agreement, you may distribute your rewards to end users via the web, email, or an App. You understand and agree that Your end users must accept Your rewards before they are uploaded to your public profile or any other device and can remove Your rewards from any other device at any time.

By distributing Your rewards in this manner, you represent and warrant to ERC Holding Group LLC that Your rewards comply with the terms of this agreement. ERC Holding Group LLC will not be liable for any cost, expense, damage, loss (including but not limited to lost business opportunities or lost profits) or other liabilities that you may incur as a result of the distribution of your rewards from this way. It also indemnifies ERC Holding Group LLC. for any cost, expense, damage, loss (including but not limited to loss of business opportunities or loss of profits) or other liabilities that you may incur as a result of distributing your rewards in this way.

You will be responsible for attaching or including, at your discretion, any relevant end user terms of use with your rewards. ERC Holding Group LLC will not be responsible for any violation of its end user terms of use. You will be solely responsible for all user assistance, warranty, and support for your rewards.

By distributing Your rewards as permitted in this Agreement, You allow ERC Holding Group LLC to use (i) screenshots of Your rewards; (ii) trademarks, logos and images associated with your public profile on King Reward; and (iii) Reward information, for promotional purposes in marketing materials and gift cards, excluding those parts that you do not have the right to use for promotional purposes and that identifies ERC Holding Group LLC in writing.

5 King Reward and ERC Holding Group LLC’s Right to Review Your Rewards

You understand and agree that King Reward and ERC Holding Group LLC reserve the right to review and approve or reject Your reward (s) at any time during the Term of this Agreement.

6 Disclaimer

KING REWARD AND ERC HOLDING GROUP LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, MISUSE, TRUST, INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF KING REWARD, ITS REWARDS OR ANY SERVICE PROVIDED IN CONNECTION WITH IT. INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR FAILURE TO DISPLAY YOUR REWARDS ON YOUR PUBLIC PROFILE OR ANY END USER CLAIM ARISING FROM ANY USE OF THE FOREGOING BY YOUR END USERS.

7 Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless ERC Holding Group LLC, its directors, officers, employees, independent contractors and agents (each an “Indemnified Party of ERC Holding Group LLC “) of any and all claims, losses, liabilities, damages, taxes, expenses and costs, including, but not limited to, attorneys’ fees and court costs (collectively,” Losses “), incurred by an Indemnified Party of ERC Holding Group LLC and arising out of or related to any of the following: (i) Your breach of any certification, agreement, obligation, representation or warranty in this Agreement; (ii) any claim that Your rewards or Reward Information created that violates or infringes any third party intellectual property or proprietary rights; (iii) ERC Holding Group LLC’s permitted use, promotion or delivery, Reward Information, related metadata, trademarks and logos, or images and other materials that You provide to ERC Holding Group LLC under this Agreement; (iv) any claim, including but not limited to any end user claim, regarding Your rewards, Reward Information or related logos, trademarks, content or images; or (v) Your use rewards, Reward Information, metadata, or Your development and distribution of any Application or reward.

To the extent permitted by law, you agree to indemnify, defend, and hold each Indemnified Party of ERC Holding Group LLC harmless from any Loss incurred by such Indemnified Party of ERC Holding Group LLC by reason of such use.

8 Fees and payment

In consideration of the rights granted to you under the Agreement, you agree to pay ERC Holding Group LLC the required monthly fees as set forth on the King Reward website. Rates are non-refundable. Any taxes that may be applied to the King Reward software or your use of it will be your responsibility.

ERC Holding Group LLC reserves the right to modify the fees and other charges for the subsequent Renewal Subscription Period by notifying You no less than sixty (60) days prior to the commencement of such Renewal Subscription Period.

9 Term and termination

9.1 Term

The Term of this Agreement shall extend to the one (1) year anniversary of the original activation date of Your subscription account (“Effective Date”). Thereafter, subject to Your compliance with the terms of this Agreement, the Term will automatically renew for successive periods of one (1) month, unless terminated earlier in accordance with this Agreement.

9.2 Termination

This Agreement and all rights granted by ERC Holding Group LLC hereunder and any services provided below will terminate, effective immediately upon notification by King Reward if you fail to comply with any term of this Agreement and fail to cure such breach. within 30 days after knowing or receiving notification of said violation; (b) if you become insolvent, fail to pay your debts when they are due, dissolve or stop doing business, declare bankruptcy, or have filed a bankruptcy petition against you; or (f) if you participate or encourage others to participate in any deceptive, fraudulent, inappropriate, illegal or dishonest act related to this Agreement, ERC Holding Group LLC may also terminate this Agreement or suspend your rights to use King Reward, if No accept the new terms of the Agreement.

Either party may terminate this Agreement for its convenience, for any reason or no reason, beginning 30 days after providing the other party with written notice of its intention to terminate.

10 No guarantee

King Reward’s services may contain inaccuracies or errors that could cause failure or loss of data. ERC Holding Group LLC, or its licensors, may provide or make available through King Reward certain web-based applications, service-related software, certificate issuance services, or other services for your use (collectively, the ” Services “for the purposes of sections 6 and 10). ERC Holding Group LLC and its licensors reserve the right to change, suspend, remove or disable access to any Service (or any part thereof) at any time without notice. In no event will ERC Holding Group LLC or its licensors be responsible for removing or disabling access to such Services. ERC Holding Group LLC or its licensors may also impose limits on the use of or access to certain Services, or may remove the Services for indefinite periods of time or cancel the Services at any time and in any event and without notice or liability.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE KING REWARD SOFTWARE, SECURITY SOLUTION AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SATISFACTORY WITH USERS. THE KING REWARD SOFTWARE, SECURITY SOLUTION AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KING REWARD, THE KING REWARD AGENTS AND THE KING REWARD LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE SOFTWARE, SECURITY SOLUTION AND SERVICES OF KING SE REWARD, AND THE SERVICES OF KING REWARD EXPRESS, IMPLIED OR IMPLIED, INCLUDING LIMITATIONS, OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KING REWARD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE KING REWARD SOFTWARE, THE SECURITY SOLUTION OR THE SERVICES, THAT THE OPERATION OF THE KING REWARD SOFTWARE, THE SECURITY SOLUTION OR THE PROVISION OF SERVICES WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, SECURE THAT IN THE KING REWARD SOFTWARE, THE SECURITY SOLUTION OR THE SERVICES WILL BE COMPATIBLE WITH FUTURE PRODUCTS, SERVICES OR SOFTWARE FROM APPLE OR ANY THIRD PARTY SOFTWARE, APPLICATION OR SERVICE, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY SOFTWARE KING REWARD WILL NOT BE LOST, OR WILL NOT BE LOST, DAMAGED. YOU ACKNOWLEDGE THAT THE KING REWARD SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS IN WHICH ERRORS, DELAYS, FAILURES OR INACCURACIES IN THE TRANSMISSION OR STORAGE OF OFTWARE THROUGH DATA OR INFORMATION. KING REWARD OR FROM THE PERSONAL SERVICES COLLECTED, INJURIES OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY KING REWARD OR AN AUTHORIZED REPRESENTATIVE OF KING REWARD WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IF THE KING REWARD SOFTWARE, SECURITY SOLUTION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICES, REPAIRS OR CORRECTIONS.

Location data, as well as map data provided by any Service or software, is for basic navigation purposes only and is not intended to be used in situations where precise location information is needed or where location data is erroneous. , inaccurate or incomplete can lead to death. personal injury, property or environment damage. Neither ERC Holding Group LLC nor any of its licensors guarantee the availability, accuracy, completeness, reliability or timeliness of location data or any other data or information displayed by any Service or software.

11 Notices

Any notification regarding this Agreement will be in writing. Notifications will be deemed delivered by ERC Holding Group LLC when sent to the email address or postal address you provided during the registration process. All notices to ERC Holding Group LLC related to this Agreement will be deemed delivered when you email them to admin@KingReward.com. You agree to receive notices by email and agree that such notices sent to you electronically by ERC Holding Group LLC will satisfy all legal communication requirements. One party may change its email or postal address by notifying the other party in writing as described above.

12 Changes to the Agreement

ERC Holding Group LLC and / or King Reward may change the terms of this Agreement at any time. To continue using King Reward, you must accept and agree to the new terms of this Agreement. If you do not agree to the new terms, ERC Holding Group LLC will suspend or terminate your use of the King Reward. You agree that your acceptance of such new terms of the Agreement may mean electronically, including without limitation, by checking a box or clicking an “accept” button or similar.

About the rewards program before King Reward.

Appointment of agent

• You hereby designate King Reward as your worldwide agent for the delivery of rewards to end users, during the Delivery Period. You hereby acknowledge that King Reward will deliver End User Rewards for you and on your behalf. For the purposes of this Exhibit 1, the term “Rewards” includes any additional permitted functionality, content, or services provided by You.
• Pursuant to King Reward’s designation under Section 1.1 of this Exhibit 1, you authorize and instruct King Reward to:
• (a) provide you with hosting services, for the purpose of allowing storage and end-user access to Rewards and to allow hosting of such Rewards by third parties only as authorized or authorized by King Reward;
• (b) allow end users to access and re-access copies of rewards so that end users can purchase and download them electronically.
• (c) use (i) screenshots of the rewards; (ii) trademarks and logos associated with the rewards; and (iii) Pass information, for promotional purposes in marketing materials; Y
• (d) otherwise use the rewards, Pass Information and associated metadata as reasonably necessary in the delivery of the Pass in accordance with this Attachment 1. You agree that no royalties or other compensation will be paid for the rights described above in Section 1.2 of this Schedule 1.
• The parties acknowledge and agree that their relationship under this Annex 1 is, and will be, that of the principal and the agent, and that you, as principal, are and should be solely responsible for each and every claim and liability. involving or relating to the rewards, as provided in this Exhibit 1. The parties acknowledge and agree that Your designation of King Reward as their agent under this Exhibit 1 is not exclusive.
• For the purposes of this Annex 1, the “Delivery Period” shall mean the period that begins on the Effective Date of the Agreement and expires on the last day of the Agreement or any renewal thereof; provided, however, that King Reward’s designation as Your agent survives the expiration of the Agreement for a reasonable period of elimination not to exceed thirty (30) days and provided, solely with respect to Your end users, subsections 1.2 ( b), (c) and (d) of this Annex 1 will survive the termination or expiration of the Agreement unless You indicate otherwise in accordance with sections 3.1 and 5.2.

2. Ownership and delivery of rewards to end users

You acknowledge and agree that King Reward, in the course of acting as agent for You, is hosting, or pursuant to Section 1.2 (b) of this Exhibit 1, may allow authorized third parties to host the rewards and is allowing the user downloads those Rewards from end users, on Your behalf. The parties acknowledge and agree that King Reward will not acquire any ownership interest in any of the rewards or Reward Information, and title, risk of loss, liability and control of the rewards will remain with Your profile at all times. King Reward. You may not use any of the rewards or Information for any purpose or in any other way, except as specifically authorized in this Attachment 1.

3. Content restrictions

3.1 You represent and warrant that: (a) You have the right to enter into this Agreement, to reproduce and distribute each of the rewards, and to authorize King Reward to allow end users to download and use each of the rewards; (b) none of the rewards, or end-user permitted uses of those Rewards, violate or infringe any patent, copyright, trademark, trade secret or other intellectual property or contractual rights of any other person, firm, corporation or other entity and not submitting the Licensed Applications to King Reward on behalf of one or more third parties; (c) each of the rewards is authorized for distribution, use, export and import in each of the countries designated by You under Section 2 of this Exhibit 1, in accordance with the laws and regulations of those countries; (d) none of the rewards contain any obscene, offensive or other material that is prohibited or restricted by laws or regulations; (e) all information you provide is accurate and that, if such information is no longer accurate, you will immediately update it to be accurate; and (f) in the event that a dispute arises over the content of Your rewards or the use of Your intellectual property in the reward, You agree to follow King Reward’s reward dispute process on a non-exclusive basis and without any of the parties waive their legal rights.

4. Database:

All records generated with the King Reward application will be the property of your company, therefore King Reward and ERC Holding Group may not market the customer database with any third party.

At the end of your business relationship with King Reward, you will be given a copy of the database.

5. Responsibility

5.1 King Reward will have no responsibility for the installation and / or use of any of the rewards by any end user. You will be solely responsible for all assistance and end-user support with respect to each of the rewards.

5.2 You will be solely responsible for, and King Reward will have no liability with respect to any and all claims, demands, liabilities, losses, damages, costs and expenses arising out of or attributable to the rewards and / or use of those Rewards by any end user, including but not limited to: (i) claims for breach of warranty; (ii) product liability claims; and (iii) affirms that any of the Rewards and / or the possession or use of those Rewards by the end user infringes the copyright or other intellectual property rights of third parties.

6. Termination

6.1 This Exhibit 1, and all of King Reward’s obligations thereunder, shall terminate upon expiration or termination of the Agreement.

6.2 In the event that you no longer have the legal right to distribute Rewards, or authorize King Reward to allow access to those Rewards by end users, in accordance with this Exhibit 1, you must immediately notify King Reward.

6.3 King Reward reserves the right to stop allowing end users to download rewards at any time, with or without cause, by notifying you of termination. Without limiting the generality of this Section 5.3, you acknowledge that King Reward may cease to allow end users to download some or all of the Rewards if King Reward reasonably believes that: (i) those Rewards and / or the possession of any end user and / or the use of those Rewards infringes patents, copyrights, trademarks, trade secrets or other intellectual property rights of third parties; or (ii) the distribution and / or use of those Rewards violates any applicable law in any country. An election by King Reward to stop allowing the download of any rewards, pursuant to this Section 5.3, will not relieve You of Your obligations under this Attachment 1.

6.4 You may invalidate any or all of the rewards at any time, and for any reason, by using the tools provided, except that, with respect to Your end users, You authorize and instruct King Reward to comply with sections 1.2 ( b), (c) and (d) of this Annex 1, which will survive the termination or expiration of the Agreement unless You indicate otherwise in accordance with sections 3.1 and 5.2 of this Annex 1.

Legal consequences

The relationship between you and King Reward established by this Exhibit 1 may have significant legal consequences for you. You acknowledge and agree that it is your responsibility to consult with your legal advisors regarding your legal obligations under this document.

“You represent and warrant that you have the necessary rights to the images you upload, and further allow ERC Holding Group LLC to use these images to generate rewards.”

“You allow ERC Holding Group LLC (” Service Provider “) to allow you to access and manage the database of customers who use your rewards service.”