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Date: August 22, 2022

The following PromoBoost Terms and Conditions (the 'Terms and Conditions') govern the relationship between you and Cineplex Digital Media Inc. ('Cineplex', 'we', 'our', 'us') regarding the creation of an Account, the use of the Platform (and/or the purchase or Programmatic Advertising, each term as defined below. By submitting an application to create an Account and/or by submitting an Order, as defined below, you agree to be bound by the Terms and Conditions, and our Privacy Policy located at [https://www.cdmexperiences.com/privacy-policy]. PromoBoost is not currently available in or applicable to Properties in the Province of Quebec.

Establishing an Account

In order to establish an Account, you must be a lease holder (a "Tenant") at a shopping mall or other retail location where PromoBoost is available (each a "Property"). Each business must establish a primary account (the 'Primary Account(s)') with the option to create additional accounts ('Secondary Account(s)'). Primary Account(s) and Secondary Account(s) are collectively referred to as 'Account(s)'). All Accounts must be registered in the legal name of the business (the 'Entity') and be established by an individual who has the authority to create the Account on behalf of the Entity, and bind the Entity to these Terms and Conditions and any orders submitted under the Account (either the 'Primary Account Holder' or the 'Secondary Account Holder', collectively referred to as the 'Account Holders'). Each Account Holder must submit his or her name and contact information, including email address, store name, logo, and mall location; at the time they submit an application to create an Account. In the event of a Secondary Account creation, Primary Account Holders will be contacted to confirm that the Secondary Account Holder has permission to establish an Account, and to verify the accuracy of the information provided by the Secondary Account Holder. The Primary Account Holder acknowledges and agrees that they are responsible for an activities and purchases made by the Secondary Account Holder under their Account.

Verification of Account Holder Information

Cineplex reserves the right to verify that the Accounts were established by a Tenant and an individual(s) that has the authority to bind the Entity to the Terms and Conditions and any orders submitted under the Account(s) and that the information provided on the Account opening forms is accurate. This may include, but is not limited to, asking you to provide us with a copy of your lease or other documentation as reasonably requested, or providing the information submitted by you when you establish or verify your Account to the owner, manager, or other representative of the Property (collectively, the 'Property Manager'). Until such verification is complete to Cineplex's sole satisfaction, the Account Holder will not have access to the PromoBoost Platform.

Change of Account Holder Status

In the event that an Account Holder is replaced with another individual or no longer has the authority to bind the Entity to these Terms and Conditions, the Entity shall be responsible for updating the Account Holder's information or deactivating the Account in question. Once the name of the Account Holder has been changed, that individual shall be deemed to be bound to these Terms and Conditions and shall be responsible for orders submitted under the Account in question going forward. Notwithstanding anything contained herein, and regardless of whether the Entity updates the Account Holder's name, the Entity shall remain solely responsible for all orders submitted under the Account.

User name and password

Your Account may only be accessed when you use your confidential login name and password (collectively referred to as your 'login information'). For security reasons, you must keep your login information confidential and not disclose it to any person or permit any other person to use it. Cineplex recommends that you choose a password that is unique to you and not easily guessed by others. You and the Entity are solely responsible and liable for any use and misuse of your login information and for all orders submitted under your login information. You must immediately notify Cineplex of any unauthorized use of your login information, or if you know or suspect that your login information has been lost or stolen or otherwise compromised.

Account Termination

In addition you any other Account termination rights set out herein, Cineplex shall have the right to immediately and without notice, terminate or suspend your Account in order to protect our business interests or in the event that the Account has not been used for a period of more than 12 months.

You shall have the right to cancel your Account at any time and for any reason. Termination and/or suspension of the Primary Account shall immediately result in the termination or suspension of any and all Secondary Accounts established under the Primary Account, regardless of whether termination and/or suspension were initiated by the Primary Account Holder or Cineplex. Termination and/or suspension of a Secondary Account shall only affect the Account in question and shall have no impact on the Primary Account and/or other Secondary Account also established under the same Primary Account.

Programmatic Advertising

Once your Account has been created, and subject to these Terms and Conditions, you may use the Platform to generate branded short term limited offers and promotions ('Programmatic Advertising') for your business, which will be trafficked over the digital signage network at the Property where you are a Tenant (the 'Network'). You acknowledge and agree that your Programmatic Advertising will be onscreen with other advertising and content and at the same time as the Programmatic Advertising of other Tenants, including but not limited to potential competitors, and we make no representations, warranties or guarantees regarding placement, duration, impressions or number of unique occurrences of any Programmatic Advertising or that your Programmatic Advertising will not appear on the Network at same time or in proximity to the Programmatic Advertising of any other Tenant you deem to be a competitor.

In order for Cineplex to traffic the Programmatic Advertising over the Network, you will be required to submit your logo, business name and/or any trademarks required to identify your business ("Your IP") that you wish to include in your Programmatic Advertising through the Platform. By submitting Your IP, you (a) grant Cineplex a royalty free, revokable, limited, non-exclusive, transferable and sub-licensable license to use Your IP for the purpose of trafficking your Programmatic Advertising on the Platform and to identify you as a client of Cineplex and a user of PromoBoost; and (b) represent and warrant that the Entity (i) has all right, title and interest in and to Your IP; (ii) You and the Entity have the authority to grant the license in (a); and (iii) Your IP does not infringe the rights of any third party, including trademark, copyright or rights of privacy or personality.

You agree that you will not use the Platform to traffic Programmatic Advertising that is illegal, harmful, hurtful, defamatory or in poor taste. You are responsible for verifying all terms and conditions and other minimum legal required for your Programmatic Advertising. We will provide you with sample terms and conditions that you may use for your Programmatic Advertising. However, such terms and conditions are provided without representations or warranties of fit for purpose, or compliance with applicable laws. You acknowledge and agree that even if you choose to use such terms and conditions, you are solely responsible for ensuring that your Programmatic Advertising complies with applicable law and the terms of these Terms and Conditions and/or any Property terms you may be bound by as a Tenant. In the event that you required additional or alternate promotional terms, you must contact us to have such terms incorporated into your Programmatic Advertising.

You acknowledge that regardless of whether your Account has been established, Cineplex shall have no obligation to process any order and may remove any Programmatic Advertising from the Network if we, in our sole discretion, determine that you or the Entity has violated these Terms and Conditions, if your Programmatic Advertising violates any applicable laws, if you cease to be a Tenant at the Property, or if the Property Manager requests that the Programmatic Advertising be removed from the Network for any reason. Any refund for cancelled Programmatic Advertising shall be at the discretion of Cineplex.

Prices for Programmatic Advertising and/or discounts applied to the purchase of Programmatic Advertising are subject to change without notice. All currency expressed herein is in Canadian dollars. The price and/or discount quoted are not guaranteed until payment is received in full. Cineplex shall have no obligations to provide you with advance notice of any changes to the price and/or discounts applied to the purchase of Programmatic Advertising.

Orders must be submitted online via the Platform and must be submitted by an Account Holder. You must login to your Account and complete the details.

Cancellation of any order must occur within the Platform. Partial refunds may be given at the discretion of Cineplex. Any permitted refund will be adjusted to reflect the base rate for the number of days the Programmatic Advertising played and not the rate charged for duration the campaign was booked for. . In the event that Cineplex cancels your order at any time, unless such cancellation is due to your breach of these Terms and Conditions or your Programmatic Advertising violates applicable laws or any Property policies, we will refund any monies paid by you within 15 days from the date of cancellation. Refunds will be applied to the payment method used at the time the order was paid for.

The PromoBoost Platform

By establishing an Account, Cineplex grants to you a royalty free, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access/use the PromoBoost online platform and its functionality (collectively, the "Platform") to book and traffic Programmatic Advertising over the Network. You represent and warrant that you shall not attempt to access and/or use any part of the Platform beyond that/those authorized and intended by Cineplex.

Subject only to the rights set out above, Cineplex, and its third-party licensors if applicable (which may include, without limitation, affiliates of Cineplex), reserve(s) all ownership, intellectual property, and other rights, title, and interest in and to the Platform, including, but not limited to, any software or source code included therein, derivative works thereof, related work product, algorithms, documentation and/or licensed materials. In addition, with the exception of campaign specific information provided by the Account Holder, Cineplex, shall own all rights to any data generated by your access to or use of the Platform, including but not limited to campaign summaries and impressions, and any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Platform.

Your represent and warrant that you shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Platform or make it available to any third party, except as expressly set out in these Terms and Conditions (ii) use the Platform to harass, threaten or cause damage or injury to any person or property; (iii) use the Platform to publish, send or store any material that is infringing, false, defamatory, obscene or otherwise illegal or that violates any privacy rights; (iv) interfere with or disrupt the integrity or performance of the Platform; (v) attempt to gain, for yourself or a third party, unauthorized access to and/or use of any part of the Platform, or any related systems or networks; (vi) upload or distribute, in any way, any files that contain software code designed or known to disrupt, damage or interfere with devices, networks, systems, software or data, or any worm, Trojan horse, corrupted file, or any other similar program software that may damage the operation the Platform, the Network and/or any other device(s) or network(s) or any third party, including but not limited to the Property Manager; or (vii) use any device, software or routine to, or otherwise attempt to, interfere with the proper functioning of the Platform You shall not reverse engineer, decompile or disassemble the Platform, or otherwise attempt to discover or copy the source code for the Platform, or any components thereof, nor shall you permit or otherwise enable any third party to do so. You may not reproduce or copy the Platform, in whole or in part.

ANY AND ALL RIGHTS TO ACCESS OR USE THE PLATFORM GRANTED HEREIN ARE "AS IS." NEITHER CINEPLEX, NOR ITS THIRD-PARTY LICENSORS (IF APPLICALBE), MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE PLATFORM (OR YOUR ABILITY TO ACCESS OR USE THE SAME), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, FITNESS FOR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR ANY WARRANTY OR STATUTORY RIGHTS THAT MAY, OR MAY BE ALLEGED TO. CINEPLEX EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES OR STATUTORY RIGHTS TO THE EXTENT PERMISSABLE UNDER APPLICABLE LAW.

Additional Representations, Warranties, and Indemnities

Any illegal, fraudulent, deceptive, or other misuse of the Platform by you or the Entity, shall deem your Account to be in violation of these Terms and Conditions and Cineplex shall have the right to pursue any and all remedies available to it at law against you and/or the Entity regarding such misuse.

You and the Entity shall hold Cineplex and the Property Manager, and each of their respective affiliates, and each of their respective officers, directors, employees, agents and landlords (the "Indemnified Parties") harmless and shall indemnify the Indemnified Parties against any and all losses, liabilities, claims, damages and expenses resulting from your or the Entity's use and/or misuse Platform, the violation of these Terms and Conditions, or that your Programmatic Advertising violates any applicable laws, including but not limited to intellectual property infringement and consumer protection laws.

You represent and warrant that you have the authority, granted by the Entity, to (a) establish the Account; (b) place orders on behalf of the Entity; and (c) enter into this agreement on behalf of the Entity and bind it to these Terms and Conditions. These Terms and Conditions shall be binding upon you, and the Entity and the Entity's successors, heirs, and/or permitted assigns.

General Terms

Limitations of Liability. Except to the extent prohibited under applicable law, neither Cineplex nor Cineplex’s affiliates shall be liable or otherwise responsible to you or any third party for any damage/loss resulting directly or indirectly from or otherwise related to the Platform (including, without limitation, your access or use or inability to access or use the Platform, or the performance or non-performance thereof), including, but without limiting the foregoing, any special, indirect, incidental, consequential, punitive or exemplary damages based on claims related to the Platform regardless of the theory of liability, even if we have been expressly advised of the possibility of such damages, or for any loss of revenues, loss of profits, loss of business, loss of data or infringement arising from or relating to your access to or use of, or inability to access or use, the Platform, or the performance or non-performance thereof. To the extent the foregoing limitations of liability, are held by a court or other tribunal of competent jurisdiction to be unenforceable as written, then, they shall be enforceable and enforced to the lesser of the amount paid by you for orders in the 12 consecutive months or the maximum extent permitted by applicable law.

Privacy Policy. Your privacy is important to us. The Cineplex Privacy Policy is incorporated into these Terms and Conditions by reference (the 'Privacy Policy'). Please read the Privacy Policy carefully for details on the collection, use and disclosure of your personal information. By establishing an Account and/or submitting an order, you acknowledge that you understand and agree to be bound by the Privacy Policy.

Force Majeure. Neither Cineplex nor its affiliates shall be liable in any way because of any delay or failure in performance due to circumstances or causes beyond its control, which shall be deemed to include, without limitation, strike, lockout, embargo, epidemic or other outbreak of disease, riot, war, act of terrorism, flood, fire, or act of God/nature.

Governing laws. These Terms and Conditions and any subsequent orders shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out these Terms and Conditions and any subsequent order.

Severability. These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire agreement. These Terms and Conditions constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral, or written) regarding the subject matter, and may not be amended or modified except by Cineplex as set forth above.

Changes to the Terms and Conditions. Cineplex reserves the right to, at any time, (i) modify these Terms and Conditions without advance notice (unless required by applicable law), (ii) discontinue or otherwise modify any part of the Platform, including your access thereto/use thereof and/or (iii) terminate these Terms and Conditions and your access to and use of the Platform without advance notice (unless required by applicable law), with or without cause, and Cineplex shall not be liable to you or any third party for any of the foregoing.

If you object to any provision of these Terms and Conditions or any subsequent modifications hereto, or become dissatisfied with the Platform in any way, your only recourse is to discontinue access to/use of the Platform and cancel your Account.