API AGREEMENT

This API Agreement (this “Agreement”), sets forth the agreement between Florist 1 LLP, a Florida Limited Liability Company (“Provider”) and the person or entity entering into this Agreement (“Company”).

By clicking the "Accept" button for this Agreement and/or using an API key issued by Provider, you confirm your acceptance of, and agree to be bound by, this Agreement.

If you have registered as or on behalf of an entity, such as a corporation, partnership, limited liability company or other entity, then “Company” refers to the entity, and you represent and warrant that you have power and authority to enter into this Agreement on behalf of the entity.

BACKGROUND

A. Provider has developed certain Ecommerce Services (as defined below), and desires to provide access and a license to Company to the same by means of an API (as defined below).

B. Company desires to utilize such API with its applications to access such Ecommerce Services on behalf of itself and its customers and each person or entity (in a single tier) appointed by Company and approved by Provider to use the Company Application (as defined below) for promotion and sales purposes (each a “Tier 2 Company”).

C. Company has separately become a member of Provider’s affiliate program by entering into Provider’s Affiliate Agreement, the current version of which is available at https://www.floristone.com/api/affiliate-legal/ (the “Affiliate Agreement”).

Therefore, the parties agree as follows:

1. DEFINITIONS.

1.1 “API” means Provider’s application programming interface specification for its online system to facilitate the Ecommerce Services, as may be updated by Provider from time to time. The current version of the API is available at https://www.floristone.com/api/.

1.2 “Ecommerce Services” means an online system to facilitate the online ordering via PC and/or mobile devices, payment processing, fulfillment and delivery of floral goods by third party florists, including but not limited to the ability to configure and operate online “flower shops.” Provider may determine from time to time at its sole discretion which credit cards or other payment methods are accepted via the API and Ecommerce Services. Provider currently plans to support Visa and MasterCard credit cards, and Discover and American Express credit cards. At present, flower delivery is available only for the United States and Canada.

1.3 “Licensed Materials” means the API, the API documentation, and all Provider Content, and updates to any of the same which Provider makes available to its API licensees from time to time.

1.4 “Link” means a text and/or graphic hyperlink from one website to another.

1.5 “Marks” means the trademarks, trade names, logos, service marks, domain names and URLs for a party.

1.6 “Partner Billing” means the purchase of goods and services by Company from Provider for Company’s own account for Company’s internal use and/or for resale.

1.7 “Provider Content” means Links, text, graphics, logos, artwork, and other similar material that Provider supplies for use by Company under this Agreement in connection with the API and Ecommerce Services. Provider Content includes the following:

1.7.1 Provider promotional material available from time to time at https://www.floristone.com/api/promotional/.

1.7.2 Data intended for Company’s use returned as a result of an API call (e.g., product picture, description and pricing).

2. LICENSES TO COMPANY.

2.1 Licenses to API and other Licensed Materials.

2.1.1 Licenses. Subject to the terms and conditions of this Agreement, Provider hereby grants to Company a fully-paid, royalty free, non-exclusive, non-transferable, non-sublicenseable (except as provided below) limited right and license throughout the World during the Term (i) to use the API, API documentation and Provider Content, internally within Company, to develop one or more software application(s) to communicate with Provider’s servers so that customers on Company’s websites can purchase goods and otherwise access Ecommerce Services (each a “Company Application”); (ii) to copy, display, perform and transmit, internally within Company, the API documentation for such development; (iii) to use the API, and to access and permit its Tier 2 Companies and customers to access, the Ecommerce Services, only via the Company Application; and (iv) to use, copy, display, perform and transmit, both internally and externally, and to sublicense any such rights in this clause (iv) to Tier 2 Companies, the Provider Content and Provider Marks for use only with the API and Company Application.

2.1.2 License Restrictions. Such licenses are subject to the following restrictions: (i) Company must develop and use the Company Application in compliance with this Agreement and the API documentation; (ii) to the extent permitted by applicable law, Company shall not disassemble, reverse engineer, modify, adapt, or create derivative works of, rent (including on a time sharing, applications service provider or cloud service basis), lease, lend, sell, or redistribute the API, other Licensed Materials and/or Ecommerce Services; and (iii) Company shall not use any free or open source software (“FOSS”) in any way that would cause the API or other Licensed Materials to be subject to FOSS license terms.

Company may not use the API to create a directory of local florists, or use the API connection with any website or application that displays a directory of local florists. In connection with the API, Company may not make available any website or application that falsely appears to be that of a local florist, or make any claim or imply that any particular local florist will be providing flower delivery.

2.2 Updates, Etc. If Provider makes available updates or upgrades to Licensed Materials and/or Ecommerce Services, this Agreement will govern the same, unless such update or upgrade is accompanied by separate terms, which shall apply instead. Provider has no obligation to offer any maintenance, technical or other support to Company for any Licensed Materials and/or Ecommerce Services. If any such update or upgrade is released in the future, it may contain features and functionality different from and incompatible with those existing at the time. If Provider changes any of the Licensed Materials and/or Ecommerce Services, Company shall have thirty (30) days after written notice to conform its practices to reflect the change, except for changes required by law, payment processors and/or prudent security practices, which may have a shorter period, or if such changes are material, to terminate this Agreement. Company acknowledges and agrees that it shall be solely responsible for determining whether its systems are compatible with the Licensed Materials and Ecommerce Services, for providing the Company Application and for all maintenance of the Company Application and its other systems.

2.3 Provider’s Customer Service. During the Term Provider will use reasonable efforts to provide customer service to Company’s (and/or Tier 2 Companies’) customers who purchase goods and/or otherwise access Ecommerce Services via the Company Application. Such customer service may be by telephone, email and/or an online support system.

2.4 Ownership. Provider obtains no right, title or interest from Company under this Agreement in or to the Company Application or any other software applications or services that Company develops for use with the API, including any intellectual property rights in the same. Provider will retain all right, title, and interest in and to the Licensed Materials, Ecommerce Services, and Provider Marks worldwide including, but not limited to, ownership of all copyrights and other intellectual property rights therein. All rights not explicitly licensed in this Agreement are reserved by the respective owner.

3. COMPANY RESPONSIBILITIES.

3.1 General. Company agrees to:

(a) provide true, current and complete information about Company in the required fields of our registration form(s) and promptly update such information as necessary;

(b) ensure that Company has all necessary rights and permissions to use all reviews, articles, and other Content from third parties in connection with its marketing of Provider’s products and services;

(c) have sole responsibility for providing, hosting and maintaining, at Company’s expense, each of Company’s websites, and backing up its data on a regular basis;

(d) not frame (I-frame) any of Provider’s websites without Provider’s prior written approval;

(e) post a privacy policy in a conspicuous place in connection with any collection of personally identifiable information (“PII”);

(f) make no representations or guarantees regarding Provider, the API, Ecommerce Services and/or Provider’s products and services, other than those contained in Provider Content supplied to Company, or as approved in advance by Provider in writing; and not use any false or misleading testimonials; and

(g) not use Provider’s name, address, telephone numbers and/or email addresses in Company’s applications or websites (including but not limited to any Contact Us or About Us pages) or marketing materials, except as Provider may include them in Provider Content or may approve in writing.

Provider has the right but not the obligation to pre-approve any of Company’s marketing materials and other content used to market Provider’s products and services.

3.2 Code of Conduct. In connection with Company’s marketing of Provider’s products and services and/or use of any of the Licensed Materials and/or Ecommerce Services, Company agrees not to, directly or indirectly: (i) use any Licensed Materials and/or Ecommerce Services in any way that would breach this Agreement or would be abusive, harassing, tortious, obscene, or otherwise could result in civil or criminal liability or in excessive non-acceptance, non-delivery, refunds and/or chargebacks of purchases; (ii) violate any applicable law, rule or regulation; (iii) use any Licensed Materials and/or Ecommerce Services in connection with any email marketing (other than to Company’s own opt-in list), or unethical or illegal methods; (iv) provide false or misleading information or impersonate any person or entity, including, but not limited to, any representative of Provider or falsely appear to be a local florist; (v) interfere with or disrupt any Licensed Materials or Ecommerce Services or the servers, networks or communications systems connected to them or any security functionality of Provider or any third party; (vi) use or introduce any spyware, adware, viruses, trojan horses, worms or similar invasive, destructive or self-replicating code in connection with the Licensed Materials or Ecommerce Services; or (vii) use any automated system, such as “robots” or “spiders,” to access Provider’s systems, Licensed Materials or Ecommerce Services significantly faster than a human or to monitor activity thereon, other than using the API and accessing the Ecommerce Services via the Company Application in the ordinary course of business; (viii) transmit any content prohibited by intellectual property (e.g., patent, copyright, trademark, trade secret, or privacy and publicity) or other laws (including account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising), unless you are the owner or have permission to use such rights; (ix) market or use any of our products or services as a multi-level marketing (MLM), pyramid, chain letter or similar arrangement; (x) misrepresent any product or business; (xi) conduct raffles, contests, lotteries or sweepstakes, except in compliance with all relevant federal and state legal requirements and with our prior written consent; (xii) send or receive funds obtained by or connected with fraud; and/or (xiii) refuse to reasonably cooperate in any investigation related to any of the Licensed Materials or Ecommerce Services. Provider shall be the sole arbiter as to what activities violate the foregoing.

3.3 API Requirements and API Key. Company shall cause the Company Application to comply with the API requirements specified in Provider’s then-current API documentation, which includes but is not limited to ensuring that the Company Application processes all exceptions and error messages generated by the API (e.g., processing an error returned by the API regarding failure of an order). Company shall maintain the security of any API key and other developer credentials which Provider provides. Upon Provider’s request, Company shall inform Provider of all the websites and/or applications on or with which Company has used the API.

3.4 No Curtailment. Order curtailment is the practice of transferring less than the proper full monies paid for orders to local florists for fulfillment. As required by Provider’s florist networks, and to the extent permitted by law (i) product prices as returned by the API and/or Ecommerce Services cannot be changed by Company; and (ii) the amount charged to Company’s customer, even through Partner Billing, must be transmitted to Provider in full. For avoidance of doubt, Company would be compensated for transactions as provided in Section 4.1 of this Agreement.

3.5 Order Accuracy. Company is responsible for any errors in orders or any other errors that are caused by acts or omissions of Company (or on Company’s behalf by a third party other than Provider) including, without limitation, any technical or programming errors in the Company Application. Company shall reimburse Provider for expenses resulting from such errors or in remedying such errors (including, without limitation, expenses paid by Provider to its third party suppliers for erroneous orders).

3.6 Privacy and Security.

3.6.1 During the Term, Company must make its customers aware that their information will be available to the Company Application and its subcontractors (such as Provider), and must provide and follow privacy and security policies in compliance with the API documentation and all applicable laws and regulations. Company will not require or permit any customer with access to any Licensed Materials or Ecommerce Services to accept any terms of service, privacy policy or similar agreement or policy that conflicts with this Agreement.

3.6.2 The Company Application must capture all credit card types, numbers, expiration dates, and CVV codes securely over https, and such information may not be stored beyond the user session.

3.6.3 Company acknowledges and agrees that Provider will collect the customer information specified in Exhibit A to this Agreement and other information from Company in connection with the API. Company hereby grants to Provider a fully-paid, royalty-free, worldwide, non-exclusive, sublicenseable right and license during the Term and as necessary thereafter to perform this Agreement and comply with tax and recordkeeping requirements, to use, copy, modify, display, perform and transmit any and all such information. Provider and its agents and subcontractors will use such information only as specified in Provider’s API Information Handling Policy as in effect from time to time, the current version of which is specified in Exhibit A.

3.6.4 Company agrees that Provider may collect and use technical and related information, including but not limited to information about the Company Application, gathered periodically in aggregated form to facilitate improvements to the API and Ecommerce Services, and to verify compliance with the terms of this Agreement.

3.7 Feedback. Subject to the terms and conditions of this Agreement, Company hereby grants Provider a fully-paid, royalty-free, worldwide, non-exclusive, sublicenseable right and license to manufacture, sell, lease, use, copy, distribute, display, perform, transmit, and make derivative works of, Feedback for use in or with any products or services. “Feedback” means comments, feedback and information regarding the Licensed Materials, whether presented orally, in writing or otherwise. Provider shall not publicly identify Company in connection with any feedback, unless otherwise agreed in writing.

4.PAYMENTS AND PAYMENT TERMS.

4.1 Payments. There is no fee for Company’s use of the API under this Agreement. Company (and any Tier 2 Company) may apply to join Provider’s affiliate program in order to receive compensation for purchases made via the API and Ecommerce Services. Provider shall not be responsible for any costs or expenses of Company to develop, maintain, support, update or upgrade any Company Application.

4.2 Customer Billing and Collections.

4.2.1 Acceptance, Credits and Refunds. All purchases of goods and services pursuant to the Ecommerce Services are subject to Provider’s acceptance in accordance with Provider’s policies in effect at the time. All credits and refunds by Provider are at Provider’s sole discretion.

4.2.2 Order Confirmation. Company has the option to have Provider send order confirmation emails to Company’s customers or to send such emails itself. If Company elects to send such emails itself, Provider may require Company to use a Provider-supplied template or obtain Provider’s prior written approval of Company’s proposed messaging.

4.2.3 Customer Billing. Except for Partner Billing, as between Company and Provider, Provider shall have the sole right and responsibility to collect all amounts due from customers in connection with Ecommerce Services. In addition, Company may request credits and refunds via the API, but only Provider has the power to authorize and issue the same.

4.2.4 Partner Billing. If Company elects Partner Billing for particular transaction(s), then Company has the sole right and responsibility to collect all amounts due from customers in connection with Ecommerce Services for such transaction(s), and also is responsible for processing all credits and refunds to customers in a timely manner for orders that are cancelled, voided, refunded, charged back, not fulfilled or the like. If Provider is informed by Company of such credits and refunds and elects to make them, then Provider would issue the credits or refunds to Company (and not to Company’s customers).

4.2.5 Enhanced Fraud Detection. Company shall be responsible for costs, up to the amount of the commissions, which are due to any order which is not paid for due to fraud. For transactions other than Partner Billing, Company may elect to collect and pass the customer’s internet protocol address via the API to Provider for Provider’s use in fraud detection (“Enhanced Fraud Detection”).

4.2.6 Taxes. Provider will be responsible for the proper payment of sales tax and will charge sales tax according to the prevailing rate for Flagler County, Florida. For the avoidance of doubt, if Company (and/or any Tier 2 Company) is also a party to an Affiliate Agreement with Provider, then this Section 4.2.6 applies in addition to Section 5 (Commissions) of such Affiliate Agreement, with respect to sales made in connection with the Company Application.

5. TERM, TERMINATION AND SUSPENSION.

5.1 Term. Unless otherwise terminated as specified in this Section , the term of this Agreement shall begin on the Effective Date and will continue on a month to month basis (the “Term”).

5.2 Termination and Suspension.

5.2.1 Either party may terminate this Agreement due to material breach of this Agreement by the other party if such breach remains uncured for thirty (30) days following written notice to the breaching party by the non-breaching party.

5.2.2 In addition, Provider may suspend or terminate access to all or any portion of the API and/or Ecommerce Services due to: (i) any material breach by Company of this Agreement, the API documentation, or Provider’s policies; (ii) illegal or fraudulent activity; and/or (iii) termination or suspension of any agreement or services by Provider's subcontractors. Such a suspension or termination may be immediate and/or without notice, though Provider shall use reasonable efforts to give prompt written notice (including email) of the suspension or termination.

5.3 Survival. The following provisions of this Agreement will survive any termination or expiration of this Agreement: Sections 2.4, 3.5, 3.6, 3.7, and 5 to 9 inclusive.

5.4 Effect of Termination. Upon the expiration or termination of this Agreement, Company shall remove and cease use as soon as practicable of the Licensed Materials, Ecommerce Services and Provider Marks; Provider is not restricted by this Agreement or its termination from fulfilling orders made prior to such termination or expiration; and Provider will not be liable for compensation, indemnity, or damages of any sort as a result of such expiration or termination.

6. CONFIDENTIALITY.

6.1 Definition. For the purposes of this Agreement, “Confidential Information” means any and all information about the disclosing party’s (or its suppliers’) business or activities that is proprietary and confidential, which shall include all business, financial, technical and other information of a party marked or designated by such party as “confidential” or “proprietary” at the time of disclosure. All Licensed Materials and Ecommerce Services, except for those portions intended for viewing by the public (e.g., sales materials or documentation for use by customers) and the terms and conditions of this Agreement are deemed Confidential Information of Provider.

6.2 Confidential Information Restrictions. Each party agrees that (i) it will not disclose to any third party (other than its employees or contractors under non-disclosure agreements) or use any Confidential Information disclosed to it by the other except as expressly permitted in this Agreement and (ii) it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other party in its possession or control, which will in no event be less than the measures it uses to maintain the confidentiality of its own information of similar importance.

6.3 Exclusions. The obligations of Section 6.2 will not apply to the extent any Confidential Information: (i) is in or enters the public domain without breach of this Agreement, (ii) is lawfully received by the receiving party from a third party without restriction on disclosure and without breach of a nondisclosure obligation, (iii) is rightfully known by the receiving party prior to receipt from the disclosing party, as evidenced by the receiving party’s written records or (iv) is developed by the receiving party independently of any information originating from the disclosing party, as evidenced by the receiving party’s written records.

6.4 Limitations. Notwithstanding the foregoing restrictions on use and disclosure of Confidential Information, each party may disclose Confidential Information (i) to the extent required by a court of competent jurisdiction or other governmental authority to which it is subject, or otherwise as required by law, provided that the receiving party uses reasonable efforts at the disclosing party’s expense to request confidential treatment of the disclosed information or a protective order before such disclosure; or (ii) on a “need-to-know” basis to its legal counsel and professional advisors who are under an obligation of confidentiality.

7. DISCLAIMER OF WARRANTIES; INDEMNITY.

7.1 DISCLAIMER. PROVIDER DOES NOT MAKE ANY WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NONINFRINGMENT. PROVIDER DOES NOT WARRANT THAT THE LICENSED MATERIALS OR ECOMMERCE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

7.2 Indemnification. Company will defend, indemnify and hold harmless Provider, and its officers, directors, shareholders, employees, and agents, from any loss, damage, liability or cost (including reasonable attorneys’ fees) resulting from any third party claim (“Liabilities”) that results from: (i) Company’s breach of this Agreement; (ii) any claim that any Company website and/or Company Application (except for Licensed Materials and Provider Marks contained therein) infringe any third party’s copyright, patent, trade secret, trademark, or other intellectual property right; (iii) erroneous transactions or other errors caused by the Company Application; or (iv) Company’s or its customers’ use of the Licensed Materials and/or Ecommerce Services other than as specified by Provider. Provider must promptly notify Company in writing of any and all such claims. In the event of any Liabilities for which Company is obligated to indemnify Provider hereunder, Company shall have sole control of the defense and all related settlement negotiations and Provider shall reasonably cooperate with Company with the defense and/or settlement thereof, at Company’s expense; provided that Provider shall have the right to consent to any settlement, such consent not to be unreasonably withheld or delayed, and Provider may participate in such defense using its own counsel at its own expense.

8. LIMITATION OF LIABILITY. EXCEPT FOR THE INDEMNIFICATION IN SECTION 7 AND FOR SECTIONS 3.1, 3.4, 3.5, 3.6, 4.2 AND 6, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, PROFITS OR SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PROVIDER’S LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED, FIFTY DOLLARS.

9. GENERAL.

9.1 Compliance With Law. Each party shall comply with all U.S. federal, state and local laws, rules and regulations applicable to its activities under this Agreement.

9.2 References. We may use your name and logo in our marketing materials (for example, in trade shows, press releases and blog posts) and websites.

9.3 Assignment. Company may not assign this Agreement, in whole or in part, without Provider’s prior written consent. Any attempt by Company to assign this Agreement without such consent shall be void. Subject to the foregoing, this Agreement binds and benefits both parties, and their successors and permitted assigns.

9.4 Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A., except for its conflicts of laws principles. Company consents and agrees that exclusive jurisdiction for any dispute, claim or controversy arising from this Agreement shall be in the federal and state courts located in Flagler County, Florida, U.S.A. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded.

9.5 Notices. Notices from Provider to Company will be given by general posting on Provider’s website, or by email, overnight courier, first class or express mail to Company’s address of record at Provider. Notices from Company to Provider must be given by overnight courier, first class or express mail, certified or registered, postage prepaid and sent to Florist 1 LLP, Attn: President, 712 S Ocean Shore Blvd, Flagler Beach, FL 32136, USA.

9.6 No Agency. The parties are independent contractors and neither will have power or authority to assume or create any obligation or responsibility on behalf of each other. This Agreement will not be construed to create or imply any partnership, agency or joint venture.

9.7 Force Majeure. Any delay in or failure of performance by a party of its obligations under this Agreement will not be considered a breach of this Agreement and will be excused to the extent such delay or failure of performance is caused by any occurrence beyond the reasonable control of such party, which occurrences may include, but are not limited to, acts of God; failures of the Internet, telecommunications or payment processing facilities; bank holidays, market closures, or other government interventions; war; riot or labor strikes; and similar events.

9.8 Severability. If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected.

9.9 Entire Agreement. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter. In the event of any conflict between this Agreement and any Affiliate Agreement with Provider, this Agreement shall control.

9.10 Amendments. Provider may amend this Agreement at any time by (a) posting a revised version accessible via its websites, and/or (b) sending information regarding the amendment to Company’s email address of record with Company. Company shall be deemed to have accepted such amendments by continuing to use its API key from Provider after such amendments have been posted or sent to Company. If Company does not agree to any of such changes, Company may terminate this Agreement and immediately cease utilizing the Licensed Materials. Company agrees that such termination will be Company’s exclusive remedy in such event.

9.11 No Third Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any customer or other third party. Only the parties to this Agreement may enforce it.

9.12 Remedies. The rights and remedies of Provider in this Agreement, at law or in equity, are cumulative and are not intended to be exclusive of one another.

9.13 Headings. The headings in this Agreement are for the convenience of reference only and have no legal effect.

Revised: January 1, 2019

EXHIBIT A

Provider’s API Information Handling Policy

A. Information Collected.

1. Name, mailing address, email address and telephone number of the customer (purchaser of floral goods).

2. Credit card type (Visa, Mastercard, etc.), number, expiration date, and CVV code for the customer’s card.

3. Company may elect to collect and pass the customer’s internet protocol (IP) address to Provider, which would be used by Provider only for Provider’s Enhanced Fraud Detection.

4. Name and delivery address of the recipient; recipient institution (e.g., whether the delivery address is at a hospital, funeral home or business); recipient telephone number, product information, greeting card message (the message on the card to be delivered with the floral goods, as written by the customer), and special instructions associated with the order.

B. Uses of Information.

1. All functions of the API including placeOrder are transmitted over a secure https connection with 256 bit encryption.

2. Provider does not store any credit card type, number, expiration date, or CVV code for the customer’s card from the API. Such information is passed through directly to third-party payment processors. Provider does not have access to such information. If Company delivers it to Provider, the customer’s internet protocol (IP) address is used by Provider only for Provider’s Enhanced Fraud Detection and is not shared with third-party payment processors.

3. Provider’s payment processors have informed Provider that they are PCI DSS compliant.

4. Provider passes to local florists the following order information: name and delivery address of the recipient; recipient institution (e.g., whether the delivery address is at a hospital, funeral home or business); recipient telephone number, product information, greeting card message, and special instructions. Local florists do not get access to credit card type, number, expiration date, or CVV code, or any other customer information (except as the customer may include it in the greeting card message or special instructions). .

5. The API includes methods by which customer service tickets can be created and sent by Company to Provider for customer service issues.

6. Provider will not use any customer or recipient information for marketing purposes to such persons.