TERMS AND CONDITIONS OF EYETRENDS^™ SPONSORSHIP

You have signed up as a sponsor of the EyeTrends^™ Application (the “Application”) offered by Jobson Internet Solutions (“JIS”), a division of Jobson Medical Information LLC (“JMI”), which means that depending on the sponsorship fee that you pay, we will feature one or more of your frame collections in the Application on the following terms:.

1. Featured Collections. Each frame collection that you have designated to be featured (a “Collection”) will be featured in a section of the Application called “Featured Collections” that consumers can easily find using a “Featured Collections” search filter.

2. Images Displayed. The images displayed in your Collection(s) will be those images of frames from your Collection(s) that currently appear in the Frames Data® Database (the “Database”). If you want to add images that are not currently in the Database, we will need to negotiate pricing for whatever additional photography will be required to create the new images.

3. Coupons. You can offer discount on Collections by submitting coupons (“Coupons”) to us, in our specified template which we post both in a dedicated “Coupons” section of the Application and by means of a “Coupon Available” icon next to all frames in the collection. We may reject any Coupon in our sole discretion. You will honor any Coupon that you authorize us to post, that we accept.

4. Consumer E-Mail Addresses. When a consumer requests a Coupon for a frame in one of your Collections, the consumer will provide us with his or her e-mail address, the Application automatically will e-mail that Coupon to the consumer and we will provide you with that e-mail address. You will not share that e-mail address with any third party and you will use that address only in accordance with all applicable federal laws and regulations, including, without limitation, honoring any opt-out request that you may receive from that consumer in accordance with the applicable CAN-SPAM Act regulations then in effect.

5. Retailer Listings. The Application offers a “Where to Buy” section that lists retailers in the consumer’s identified geographic area that carry particular frames. If you provide us with your customer list, we will load the information into that section of the Application so that each time a consumer wants to know where he or she can buy a frame in one of your Collection(s), the consumer will be referred to a retailer that carries your frames. You represent and warrant that the information in any retail customer list will be complete, accurate and up-to-date and that you have permission to provide us with that information. If any retailer on your customer list contacts us and asks no longer to be identified as carrying your products, we may remove that retailer from the list of retailers who carry your products without consulting you.

6. Consumer Utilization Report. If you request in writing, for no additional fee, within five business days from the date of your request, we will provide you with a report that contains the following data: total downloads, recent download activity (how many times the Application was downloaded over the past 30 days), total number of times your Collections were searched, total Coupons requested for your Collections, and how many times your retailers were selected.

7. Monthly Sponsorship Fee. You have indicated on the EyeTrends^™ Sponsorship Order Form the number of Collections you want to sponsor in the Application. You will pay the applicable monthly fee for sponsoring that number of Collections (the “Sponsorship Fee”). If you are paying by credit card, we will charge your credit card every month unless and until you formally notify us that you wish to cancel your sponsorship. If you prefer to be invoiced, we will invoice you monthly for the Sponsorship Fee and you will pay each invoice within 30 (thirty) days of the date of such invoice.

8. Cancellation. You may cancel your sponsorship on 30 (thirty) days’ notice. If you do notify us that you wish to cancel your sponsorship, you will be responsible for the Sponsorship Fee for the next 30 days until the effective date of termination.

9. DISCLAIMER OF WARRANTY. JIS MAKES NO IMPLIED OR EXPRESS REPRESENTATION OR WARRANTY THAT THE APPLICATION WILL OPERATE ON EVERY CONSUMER’S MOBILE DEVICE; THAT THE APPLICATION WILL OPERATE ERROR-FREE OR CONTINUOUSLY ON ANY DEVICE; OR THAT SPONSORSHIP OF THE APPLICATION WILL RESULT IN ANY PARTICULAR LEVEL OF SALES. JIS IS NOT AND CANNOT BE HELD RESPONSIBLE FOR INTERNET OR SERVICE PROVIDER OUTAGES THAT RESULT IN THE APPLICATION’S BEING UNAVAILABLE FOR ANY LENGTH OF TIME.

10. Consumer Disputes. Any dispute between you and any consumer who buys frames with a Coupon or who otherwise interacts with you through the Application is strictly between you and that consumer. JIS has no obligation to become involved in such dispute and you waive any claim that JIS has any such obligation.

11. Indemnity. You will indemnify JIS and JMI and hold JMI, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney's fees made by any third party (which means anyone other than you or JMI) due to or arising out of your sponsorship of the Application, including, without limitation, any claim arising from your breach of these terms and conditions, your breach of your representations and warranties set forth above, or your sharing of any personal information that you obtain through your sponsorship of the Application with any third party.

12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL JMI OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF JMI OR SUCH SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR SPONSORSHIP OF THE APPLICATION. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.

13. Governing Law, Jurisdiction, and Time Limit on Claims. Any dispute concerning your sponsorship will be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of Manhattan, New York.