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SCHEDULE A IS NOT APPLICABLE
<br />SCHEDULE A: TERMS APPLICABLE ONLY TO
<br />HOSTED SOFTWARE
<br />12. HOSTED SOFTWARE
<br />12.1 TAN will provide Customer with access to hosted versions
<br />of the products identified in the Pricing Form and associated
<br />Online Services, and TAN hereby grants to Customer a limited,
<br />non-exclusive, non-transferable license to use the Hosted
<br />Software in accordance with the applicable documentation.
<br />13. SUPPORT FOR HOSTED SOFTWARE
<br />13.1 TAN will, during all periods in respect of which Customer
<br />has subscribed for Hosted Software, provide Support to
<br />Customer (and, where applicable, dvectly to user: ofCustomer's
<br />own services and products who access the Hosted Software) in
<br />accordance with applicable sections of the Support and
<br />Maintenance Handbook.
<br />14. LICENSE AND BRANDING
<br />14.1 TAN hereby grants to Customer a limited, non-exclusive,
<br />non-transferable license to display, reproduce, distribute, and
<br />transmit in digital form TAN's name and logo in connection with
<br />promotion of the Online Services only in the manner approved of
<br />by TAN during the teen of this Agreement. Customer hereby
<br />grants to TAN a limited non-transferable license to use, display,
<br />reproduce, distribute, adapt and transmit in digital or printed
<br />form information provided by Customer relating to its
<br />organization, including its name, trademarks, service marks and
<br />logo, im connection with the implementation and promotion of
<br />the Online Services; provided, however, that such use shall be as
<br />necessary to TAN's performance under this Agreement.
<br />Customer will make reasonable efforts to encourage adoption of
<br />the Online Services, including displaying TAN's name and logo
<br />or "Powered by Active" logo, in the form supplied by TAN from
<br />time to time and in a manner approved by TAN, acting
<br />reasonably, in any medium used by Customer to promote its
<br />programs or services to prospective participants.
<br />15. INFORMATION SECURITY AND PRIVACY FOR
<br />HOSTED SOFTWARE
<br />TAN will collect information, including names, addresses,
<br />gender, phone numbers, email addresses, birth dates, financial
<br />information (for payment purposes) and other such information
<br />from individuals using the Online Services as is reasonably
<br />required to provide the Services. TAN will store such
<br />information on a secure remote server using reasonable
<br />safeguards in accordance with TAN's published online privacy
<br />policies and in wmpliance with all applicable laws, codes of
<br />practice, and other legal obligations associated with the
<br />collection, use, and disclosure of personal information.
<br />Customer may access this information by downloading it from
<br />TAN's servers using a Customer assigned private password and
<br />"login" identifier. Upon request TAN will make such
<br />information available to Customer via a-mail, fax or airmail.
<br />Customer will be responsible for protecting the privacy and
<br />security of any information that Customer retrieves from TAN's
<br />servers and shall prevent any unauthorized or illegal use or
<br />dissemination of such information and shall be solely responsible
<br />for ensuring compliance with any applicable data and privacy
<br />protection laws, codes of practice, and other legal obligations
<br />associated with the collection, use, and disclosure of personal
<br />information by Customer, including such disclosure to TAN as
<br />is necessary for TAN to provide the Services and Products to
<br />Customer. Customerand/or its clients shall exclusively own the
<br />personal data collected by TAN in connection with the Hosted
<br />Software; provided, however, TAN is granted aroyalty-free,
<br />perpetual, non-exclusive right and license to use, reproduce,
<br />distribute and adapt the collected data as is necessary for TAN to
<br />perform its obligations under this Agreement, including for
<br />purposes of communicating with Customer or Customer's clients
<br />as necessary, fulfilling requests for products and services
<br />requested from Customer or Customer's clients, providing
<br />customized content and advertising provided in connection with
<br />the Hosted Software, conducting internal TAN research intended
<br />to improve the products and services provided by TAN and its
<br />affiliates, and to provide anonymous and aggregated reporting of
<br />non-individual data for internal and external clients of Customer
<br />or TAN. Any use of such data will conform with applicable
<br />laws related to personal privacy and best practises around
<br />permissive marketing, such as use of "opt-in" and/or "opt-out"
<br />notifications and rights.
<br />18. FEES FOR HOSTED SOFTWARE
<br />16.1 Transaction tees.
<br />(a) Customer shall pay to TAN the Hosted Software service
<br />fees ("Service Charges") set out in the Pricing Form.
<br />(b) In cases where TAN's banking or financial partners or
<br />similar service providers impose changes in processing costs
<br />payable by TAN, TAN reserves the right to modify Service
<br />Charges. TAN shall notify Customer at least ninety (90) days in
<br />advance of any such changes. Customer agrees to such changes
<br />unless Customer provides TAN with written objection to such
<br />charges within thirty (30) days from the date such change is
<br />implemented, in the event Customer notifies TAN of its
<br />objection to the changes as noted above, Customer's sole remedy
<br />shall be to immediately terminate the Agreement as applied to
<br />the Hosted Software, subject to payment of any fees due prior to
<br />such notice of termination.
<br />(c) TAN will be responsible for collecting all payments
<br />processed through the Online Services and all Service Charges
<br />assessed by TAN. All payments are Customer's exclusive
<br />property and will be sent to Customer twice a month while
<br />Service Charges shall be retained by TAN.
<br />(d) If Customer enters transactions at fce amounts less than
<br />those actually charged to Customer's Users, thus reducing or
<br />avoiding applicable Service Charges, such action shall constitute
<br />a material breach of this Agreement.
<br />(e) TAN shall not be responsible for processing or making any
<br />refunds. All refunds for payments processed will be assessed a
<br />5.10 fee charged by TAN to Customer. TAN may set off against
<br />user fees collected by TAN to the amount of any credit card
<br />charge backs and associated fees applicable to user transactions
<br />and to reimburse itself for any overdue fees owed to TAN by
<br />Customer. To the extent that such funds are not available for set
<br />off, Customer shall promptly reimburse TAN for any deficiency.
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