APPSMART PRESIDENT’S CLUB TERMS AND CONDITIONS

These President’s Club Terms and Conditions (the “Terms and Conditions”) govern Technology Advisors’ (as defined in the Technology Advisor Registration Form or the AppSmart marketplace) eligibility and qualification for AppSmart’s President’s Club incentive program (“President’s Club”), as established on an annual basis (the “President’s Club Program”) in writing by AppSmart Agent Services, Inc. (“AppSmart”).

• President’s Club.
  1. Trip. The President’s Club trip (the “Trip”) is set forth in the President’s Club Program.
  2. Qualification Criteria. To qualify for President’s Club, Technology Advisor must satisfy the qualification criteria set forth in the President’s Club Program within the period set forth in the President’s Club Program and be in full compliance under all agreements in effect between Technology Advisor and AppSmart (or any AppSmart affiliate) (collectively, the “Qualification Criteria”). If the Qualification Criteria include a monthly recurring gross merchandise value (“MR-GMV”) metric: (i) only the MR-GMV that generates commissions to Technology Advisor with a rate of 90% or less shall be eligible for Qualification Criteria satisfaction, (ii) the MR-GMV of Technology Advisors that have joined AppSmart’s “Invest” program under an “Integrated with” structure will include both the MR-GMV generated directly by Technology Advisor and the MR-GMV of Technology Advisor’s former sub-agents, (iii) the MR-GMV of Technology Advisors that have joined AppSmart’s “Managing Partner / Branchise” program will include both the MR-GMV generated directly by Technology Advisor and the MR-GMV of Technology Advisor’s associated sub-agents.
  3. Qualifying Persons. Each Technology Advisor that qualifies for President’s Club can send on the Trip the number of Qualifying Persons (as defined below) set forth in the President’s Club Program. “Qualifying Person” means an owner, principal or AppSmart-approved employee, in each case 21 years or older, of a Technology Advisor that qualifies for President’s Club. All Qualifying Persons are solely responsible for obtaining their own passports, vaccinations, medication and any other documentation or materials at their own cost.
     1. Achiever can win for [1] AppSmart trip and max [1] Provider trip [total max 2 trips]
     2. Managing Partner:
        1. MP qualifies based off of contest criteria, inclusive of sub agent MR-GMV
        2. Sub agents qualify based off of the same criteria
     3. Invest partners:
        1. Integrated with:
           1. Sub agents qualified based off of contest criteria
           2. Integrated with partner qualifies based off of contest criteria, inclusive of sub agent MR-GMV
           3. Integrated with partner qualifies off of aggregate sub agent MR-GMV even if no direct sub agent qualifies
        2. Powered by:
           1. Sub agents do not qualify as they are not sub agents of AppSmart
           2. Powered By partner qualifies off of aggregate MR-GMV
  4. Other Conditions. Participation in President’s Club and the Trip by Technology Advisors and Qualifying Persons is subject to all applicable laws and regulations. Any liability for federal, state or other taxes incurred by Technology Advisor for President’s Club or the Trip will be sole responsibility of Technology Advisor.
• Privacy. Any personal information provided to AppSmart in connection with President’s Club is subject to AppSmart’s Privacy Policy located at www.appsmart.com/legal.
• No Transfer. AppSmart will not offer alternative prizes for those Technology Advisors or Qualifying Persons declining the Trip. The Trip is not transferrable by Technology Advisors or Qualifying Persons.
• Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL APPSMART BE LIABLE FOR ANY DAMAGES SUFFERED BY TECHNOLOGY ADVISORS OR QUALIFYING PERSONS, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. THIS LIMITATION OF LIABILITY SHALL BE IN FULL FORCE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF APPSMART HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Administration and Changes. Trips under the President’s Club Program are not guaranteed and must be earned in accordance with the President’s Club Program and these Terms and Conditions. AppSmart has sole discretion to administer the President’s Club Program, including determination of Qualification Criteria satisfaction, adjustments, modifications, changes or waivers of terms and conditions of the President’s Club Program or these Terms and Conditions at any time, which may result in a decrease or increase in the Trip value. AppSmart’s decision to waive a provision of the President’s Club Program or these Terms and Conditions in a particular situation shall not constitute a waiver or practice in any other situation unless otherwise stated in writing.