Terms of Use - Supplemental for Publisher Monetization Program

Thank you for your interest in participating in 33Across, Inc.’s Tynt Publisher Platform Monetization Program (the “Monetization Program”). The Monetization Program is available as an additional service offering to qualified Publishers who have signed up to use the Tynt Platform and wish to monetize their sites using ad units sold by 33Across which are served through the Tynt ad serving platform deployed on the Publisher site. These Monetization Program Terms (the “Supplemental Terms”) augment and amend the Tynt Platform Terms of Use. Capitalized terms used herein and not defined shall have the meaning set forth in the Tynt Platform Terms of Use.

PLEASE READ THESE SUPPLEMENTAL TERMS CAREFULLY. BY PARTICIPATING IN THE MONETIZATION PROGRAM YOU AGREE TO BE BOUND BY THESE SUPPLEMENTAL TERMS IN ADDITION TO THE TYNT PLATFORM TERMS OF USE. IF YOU ARE ELECTING TO PARTICIPATE IN THE MONETIZATION PROGRAM ON BEHALF OF AN ENTITY OR BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR BUSINESS TO THESE SUPPLEMENTAL TERMS. IF YOU OR THE ENTITY DO NOT WISH TO BE BOUND BY THESE SUPPLEMENTAL TERMS, YOU SHOULD NOT SIGN UP FOR THE MONETIZATION PROGRAM.

1. RIGHT TO DISPLAY ADS. By participating in the Monetization Program, you grant 33Across the right, at its sole option and discretion, to display graphic advertisements (“Ads”) selected by 33Across on each page of your Publisher Site.

2. PUBLISHER OBLIGATIONS, REPRESENTATIONS AND WARRANTIES. You agree to provide 33Across with all reasonable assistance that may be required to ensure that the Ads display properly on the Publisher Sites. In addition, you hereby represent and warrant that: (a) you will not modify, alter, block, obscure or otherwise interfere with the display of any Ad on the Publisher Sites; (b) the Publisher Sites are hosted on servers within the U.S. and primarily directed at a U.S. audience over the age of 13; (c) the Publisher Sites do not contain pornography, erotic or sexually explicit content, or any other content not appropriate for a general audience; (d) the Publisher Sites do not offer or promote gambling, games of chance involving the payment of any consideration, illegal sweepstakes or contests; (e) the Publisher Sites do not promote, encourage or facilitate any illegal activity, including but not limited to the violation of any third party’s intellectual property rights or rights of privacy; and (f) the Publisher Sites do not promote or facilitate activities generally regarded as Internet abuse, including but not limited to the use or delivery of viruses, spyware or other malware.

3. CONSIDERATION; PAYMENT TERMS. In exchange for the right to serve the Ads on the Publisher Sites, and subject to your continued adherence to these Supplemental Terms and the Tynt Platform Terms of Use, 33Across will pay you a share of the net revenue received by 33Across for the Ads displayed on the Publisher Sites (the “Revenue Share”). This Revenue Share will be calculated by 33Across in accordance with its then-current internal Ad revenue sharing policy. 33Across will issue monthly Revenue Share payments approximately 60 days following the end of the month in which the net revenue underlying such Revenue Share is received by 33Across provided, however, that for administrative purposes 33Across may withhold Revenue Share payments until the outstanding Revenue Share owed to you exceeds two hundred fifty dollars ($250.00), at which time you will be paid your total outstanding Revenue Share balance. Notwithstanding anything else herein, 33Across reserves the right to withhold and shall not be obligated to pay Revenue Share payments for any period during which 33Across can reasonably demonstrate that (a) you were in breach of any of the representations and warranties set forth herein; or (b) ad impressions or traffic on the Publisher Sites were artificially inflated due to invalid means, including any bot, automated program or similar mechanism.

4. TERM; TERMINATION. The term of your participation in the Monetization Program will begin on the date on which you sign up for the Monetization Program and accept these Supplemental Terms. You may terminate your participation in the Monetization Program at any time using the mechanism provided on your account settings page. 33Across reserves the right to terminate your participation in the Monetization Program at any time and without penalty upon notice to you. Upon payment owed to you in accordance with these Supplemental Terms, including any balance under the amount of $100.

5. LICENSE GRANT. Publisher hereby grants to 33Across the right to use Publisher’s name, logo and trademarks within a list of participating Publishers on the 33Across website and in connection with the marketing, promotion and operation of the Monetization Program.

6. NO WARRANTY AS TO PERFORMANCE OR REVENUE. THE MONETIZATION PROGRAM IS OFFERED ON AN AS-IS BASIS AND 33ACROSS MAKES NO WARRANTY WITH RESPECT TO THE PERFORMANCE OF THE MONETIZATION PROGRAM OR THE AMOUNT OF REVENUE SHARE (IF ANY) WHICH YOU MAY EARN AS A PARTICIPANT IN THE MONETIZATION PROGRAM.

7. MODIFICATION OF MONETIZATION PROGRAM OR SUPPLEMENTAL TERMS OF USE. 33Across reserves the right to modify these Supplemental Terms at any time by posting an updated version of these Supplemental Terms on our website. Your continued participation in the Monetization Program following such update shall constitute your acceptance thereof. If you do not agree to a modification or update to these Supplement Terms your sole recourse is to opt out of the Monetization Program.

Last Updated: August 1, 2016