Web Design Agreement:

1. SWARM OBLIGATIONS.
Services and Deliverables.
Swarm shall make best efforts to design and
develop the Website and to provide Services and Deliverables that materially conform in commercially reasonable material ways to the Site Specification. Further, Swarm shall make best efforts to provide the Services and Deliverables to the Customer on a timely basis substantially under this Scope of Work and Milestone Schedule set forth herein. Documentation and all materials to be provided by Customer shall:

- include such information to be provided from Customer as is necessary for Swarm, in its sole discretion, to complete the Services and Deliverables in substantial accordance with this Scope of Work and Milestone Schedule;
enable Customer’s personnel to install, operate, and use the Website. Upon completion of the Services and delivery by Swarm of the
Deliverables under this SOW, Swarm will provide the Documentation in both hard copy and electronic form.

2. COMPENSATION.
2.1. Customer shall pay Swarm the fees in this contract. Deliverables as set forth in this Scope of Work as follows: (“Fees”) for the Services and
2.2. Any additional or changes to the Services and/or Deliverables not included in the itemized Scope of Work shall be invoiced to the Customer by the Swarm via a Change Order on a time and materials, flat rate, hourly basis, or some other basis as identified by Swarm in writing to Customer via Change Order.
2.3. Reimbursable Expenses. Customer shall reimburse Swarm, following Swarm’s standard expense reimbursement policy in effect from time to time, for direct, documented, out-of-pocket expenses (“Reimbursable Expenses”), with Customer’s prior written approval via Change Order.
2.4. Payment.
(a) Customer shall pay one-half (50%) of the Fee upon signing this Agreement and the other one-half (50%) upon delivery of the first Phase of the Website for Testing. Change Orders shall be paid per Section 2.4 of the Agreement. (b) Customer shall make all payments to Swarm in US dollars by check, ACH or wire transfer.
Customer shall make payments to the address or account specified by Swarm in writing from time to time, provided that Swarm shall give Customer at least ten (10) days prior notice of any account, address, or other change in payment instructions.

2.5. Taxes. All Fees and any amount due under this Agreement are exclusive of taxes due, if any. Customer shall be responsible for all sales, use,
and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder other than any taxes imposed on, or for,


Swarm’s income, revenues, gross receipts, personnel, or real or personal
property or other assets.


ALL TERMS, CONDITIONS AND PROVISIONS OF, AND ALL CUSTOMER’S
DUTIES, OBLIGATIONS AND RESPONSIBILITIES UNDER THE DIGITAL
SERVICES AGREEMENT, SECTIONS 1-15 ARE INCORPORATED HEREIN AND
SHALL GOVERN THIS WEBSITE AGREEMENT AS IT SET FORTH IN FULL

WEBSITE HOSTING AGREEMENT:

SERVICES:
After Customer completes Acceptance Testing, Swarm will perform the Services set forth in this SOW for the Term and any Migration Period.

Service Levels:
Swarm will host the Website on the Hosting Environment and perform the Hosting Services so that the Website substantially conforms to the Service levels specified in this SOW (“Minimum
Service Levels”).

Administrative Access and Content Control. Customer has the right and primary responsibility to administer and manage the Website, including to add, modify, or delete Website Content.
Swarm will provide Customer with secure, password-protected administrative access to the Hosting Environment to allow Customer to
transmit, upload, test, and implement updates, upgrades, enhancements, additions, and deletions of or to the Website and the Website Content under the Minimum Service Levels set forth herein.

Swarm will employ measures set forth in this SOW to attempt, consistent with the level of Services that Customer has chosen, to make best
efforts to protect Customer’s account from any unauthorized acts, occurrences, or conditions, including unauthorized access, use, alteration, or disruption

Domain Name Registration. Swarm shall provide such domain name registration Services as are specified in the SOW.

Service Monitoring.
Swarm up to the level of Services Customer chooses, and using computer-based technology (and not human monitoring) available for such
level of Service, will make best efforts to monitor the Hosting Environment and Hosting Services.

If such monitoring identifies or Swarm otherwise becomes aware of a circumstance that, if not remedied, is reasonably likely to cause a
Service Error, Swarm shall, up to the level of Service that Customer chose, take the minimum steps necessary to attempt to remedy such circumstance and to mitigate, if possible, the Service Error. If such monitoring identifies or Swarm otherwise becomes aware of any Service Error, Swarm will, as promptly as required by the level of Service Customer chose, and as may be possible under the circumstances,
including as limited by a Force Majeure: such Service Error; and undertake best efforts to notify Customer in writing of make commercially reasonable efforts under the circumstances, and up to the level of Service chosen by Customer, to respond to and carry such efforts forward to attempt to remedy such Service Error.

Service Maintenance.
Up to the level of Service chosen by the
Customer, Swarm will make its best efforts to maintain the Hosting Environment to meet the Minimum Service Levels by implementing updates,
bug fixes, enhancements, new releases, new versions, and other improvements or repairs to the Hosting Environment from time to time. Swarm will attempt

Service Support and Error Correction. If chosen and paid for by the Customer, Swarm will, on a best efforts basis, provide the following Customer
support Services (the “Support Services” ):

Swarm will attempt to respond to and make best efforts to remedy Service Errors, including Service Errors it discovers or that are reported by Customer or any End User, or of which Swarm otherwise becomes aware, following the procedures and within the time periods set forth in this SOW depending on the level of Service chosen by the Customer and on the Error Severity Level.

Swarm will, on an as available basis, and with Customer’s commercially reasonable need or request, and if same is within its level of
to perform routine maintenance during the hours of 8am-5pm

Service, provide Customer with the following limited access to support personnel and materials:

up to 1 hours of telephone support during the
hours of 8am-4:30pm at our 799 middlegate location, on monday - friday; and
up to 1 hours of after-hours support via email or cell phone, with a response or call-back within one hour, at all other times solely for emergency Service Errors; online access to technical support bulletins and other user support information and forums if Swarm makes such resources available
to its other customers at the same level of Service.

If Customer requests Support Services in addition to those set forth in this SOW, Swarm will provide a written Change Order for such additional
Support Services, including the Fees Swarm will be paid thereunder.

SWARM SERVICES AND RESPONSIBILITIES.
1. Services. Swarm will undertake its best efforts to provide Customer the promotion and marketing Services described generally in this SOW (the “Services”) as more detailed on Schedule 1 hereto.
1.2 Customer Approval. Before their public release, Swarm will submit to Customer for approval any Deliverables intended to be displayed, published,
reproduced, distributed, or otherwise made publicly available. Within 5 days after
receiving a submission and request for approval from Swarm, Customer shall provide Swarm
with written approval or disapproval of the materials submitted. If Customer does not respond
Swarm has the ability to publicly release them.