I. General

CommerceInterface provides an on-demand, e-commerce platform (also known as the “platform”) that integrates into third party online marketplaces (also known as “channels”), shipping providers and other third party solutions. Customers requesting the right to use the CommerceInterface platform to support their online business operations, and CommerceInterface granting the request, are subject to the limitations in this Agreement. Access to and use of the CommerceInterface platform and services is governed by these Terms of Use, as may be modified by CommerceInterface from time to time, and by the Channel Management Agreement, which is signed upon engaging with the e-commerce platform and services. Your access and use of the e-commerce platform and services will be subject to the most current version of the Terms of Use posted on the CommerceInterface website at the time of such use. By accessing or using the e-commerce platform and services, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions contained in these Terms of Use, you will not be granted access to or use of the e-commerce platform and services.

II. Changes

CommerceInterface reserves the right to change any information, features and functions of the e-commerce platform and services without prior notice. CommerceInterface may deny you access to all or part of the e-commerce platform and services without prior notice if you engage in any conduct or activities that CommerceInterface determines, in its sole discretion, violate the Agreement, the rights of CommerceInterface or any third party, or is otherwise inappropriate.

III. Links to Third Party Sites

The CommerceInterface website and/or the e-commerce platform may include links that will take you to third party websites (known as “linked sites“). The linked sites are provided by CommerceInterface to you as a convenience and the inclusion of the links do not imply any endorsement by CommerceInterface of any linked site. CommerceInterface has no control of the linked sites and you therefore acknowledge and agree that CommerceInterface is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site.

IV. Privacy

The following applies in addition to the related provisions in the General Terms and Conditions. The name, address, payment and other registration information (know as “Setup Information”) you provide to CommerceInterface, together with information regarding the manner in which you use the e-commerce platform, will not be disclosed by CommerceInterface except as necessary to carry out the terms and conditions of this Agreement or (a) to comply with law or legal process served upon CommerceInterface, (b) to protect and defend CommerceInterface rights or property or those of CommerceInterface users, (c) to protect the personal safety of CommerceInterface users or the public, or (d) if, in CommerceInterface sole discretion, we believe that it is necessary to disclose any setup information in order to avoid exposure to civil or criminal liability or public ridicule, or to avoid damage to CommerceInterface business or reputation. By entering this Agreement and using the e-commerce platform, you agree that CommerceInterface may gather and use, in any manner desired, including but not limited to for providing to other customers, information describing the habits, usage patterns or demographics of CommerceInterface users as a group (known as “Usage Information and Statistics“). You further acknowledge and agree that CommerceInterface will exclusively own all Usage Information and Statistics and that you have no right to such information except as CommerceInterface may determine in our sole discretion.

V. Service Usage/Prohibited Acts

A. Service Usage.

You represent, warrant, and covenant that you will use the CommerceInterface e-commerce platform and services only in compliance with these Terms of Use, the Channel Management Agreement, CommerceInterface published policies, and all applicable laws and regulations (including but not limited to those related to spamming, privacy, obscenity or defamation).

B. Prohibited Acts.

You will not and will not allow your agents to do any of the following: (i) Knowingly spread viruses, create massive bandwidth-consuming data, or cause excessive or unwanted traffic or resource consumption on the network upon which the CommerceInterface e-commerce platform or a channel site is hosted including, without limitation, by sending unsolicited mass mailings outside your company or organization, mail bombing, flooding, spamming, overloading, or crashing; (ii) Willfully tamper with the security of the network and/or systems used by CommerceInterface or a third party to host the CommerceInterface e-commerce platform or a channel or tamper with other customer accounts of CommerceInterface or a channel, access data not intended for you, log into a server or account that you are not authorized to access, attempt to probe, scan or test the vulnerability of any system or the network or to breach the security or authentication measures without proper authorization; (iii) Willfully render any system unusable; (iv) Knowingly post, upload or otherwise transfer to or via CommerceInterface or a third party’s servers or lines by any means, including but not limited to web page content, linked web pages, email or file transfer protocol, any document, image, communication or other transmission which (1) infringes the copyrights, patents, trade secrets, trademarks, trade name or other proprietary rights of a third party; (2) is harmful to minors, is obscene or constitutes pornography or violates any applicable law including, without limitation, any law relating to privacy or data protection; or (3) is defamatory.

VI. Service Suspension/Maintenance

CommerceInterface may, from time to time, suspend service for a short period of time for routine maintenance or database reorganization on the CommerceInterface server. When reasonably possible, CommerceInterface will give you two (2) working days advance notification of impending downtime, and will schedule downtime for off-peak hours. CommerceInterface also provides the CommerceInterface Service Level Agreement in Exhibit A.

VII. Notice

You may direct any questions concerning these Terms of Use to: CommerceInterface, Inc. 324 South 400 West, Suite 125, Salt Lake City, Utah 84101 Updated: April 2011

Exhibit A

CommerceInterface Service Level Agreement

Coverage

This Service Level Agreement applies to CommerceInterface accounts in good financial standing.

Service Level

CommerceInterface endeavors to have its e-commerce platform available for its customers more than 99% of the time.