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Listing Terms and Conditions

Last Modified: December 4, 2024

This agreement (the “Agreement”) is made between Commercial Streaming Solutions, Inc. d/b/a BettorView, a Delaware corporation (hereinafter referred to as “EatWatchPlay”), and the business owner set forth on the sign-up page of the Platform (the “Owner”). The “Effective Date” of this Agreement is the date Owner successfully completes the sign-up process, including accepting this Agreement and any additional terms and conditions presented during the sign-up process. This Agreement shall control in the event of a conflict between this Agreement and any other terms and conditions presented to Owner through the Platform.

EatWatchPlay operates EatWatchPlay.com and related branded applications (the “Platform“), which, among other things, allows users of the Platform to earn rewards from visits to certain bars, restaurants, and similar businesses. Owner operates the business set forth on the sign-up page (the “Business”). For good and valuable consideration as provided herein, the parties agree as follows:

1. Listing. EatWatchPlay will list the Business on the Platform. Such listing may include the Business name, brand, logo, images of the Business, and other relevant information, consistent with business listings generally on the Platform. Owner grants all necessary licenses to EatWatchPlay for such listing and agrees to only provide images and other materials to EatWatchPlay which are owned by Owner.

2. Listing Fee. Owner shall pay EatWatchPlay a listing fee based on the plan Owner opted for on the sign-up page (the “Listing Fee”). If Owner opted for a monthly plan, then the Listing Fee shall be payable on the Effective Date, and thereafter on the same calendar day in each subsequent month for any renewal terms, if applicable. If Owner opted for the annual plan, then the Listing Fee shall be payable on the Effective Date, and on the anniversary of the Effective Date for any renewal terms, if applicable.

3. Payment. Owner shall provide EatWatchPlay with a payment method that EatWatchPlay is able to automatically bill for each payment set forth herein, including during any renewal terms as applicable. Owner hereby authorizes EatWatchPlay to charge such recurring payments without further invoicing or authorization required from Owner.

4. Term. The term of this Agreement shall depend on the plan Owner opted for on the sign-up page. If Owner opted for the annual plan, then the initial term of this Agreement shall be one year from the Effective Date, where such term shall automatically renew for additional one-year periods, unless either party provides notice of its intent not to renew this Agreement within 30 days prior to the conclusion of the initial term or any renewal term as applicable. If Owner opted for the monthly plan, then the initial term of this Agreement shall be one month from the Effective Date, where such term shall automatically renew for additional one-month periods unless either party provides notice of intent to cancel this Agreement, which shall be effective immediately upon receipt of such notice. “Term” herein refers to the applicable initial term and any renewal terms entered into.

5. Guarantee. For the first twelve-month period from the Effective Date, EatWatchPlay will track receipts submitted from individual users of the Platform who visit the Business and total the value of the receipts (less tax and tip). If the value of the receipts for this twelve-month period does not exceed $300.00, then EatWatchPlay will reimburse Owner in the amount of $300.00, within 30 days of the end of the twelve-month period. This section does not apply if Owner cancels this Agreement prior to the conclusion of the twelve-month period. Except for the reimbursement set forth in this paragraph, no other refunds will be issued for any other fees incurred or paid.

6. HDMI Plug-in Device. EatWatchPlay will provide Owner with a HDMI Plug-in Device (the “Device“) for the Term of the Agreement, if Owner opts into the same on the sign-up page. If opted in, the Owner shall use the Device on one television in the Business which is dedicated to displaying content from the Device. The content displayed on the Device will be controlled remotely by EatWatchPlay, and EatWatchPlay will determine, in its sole discretion, all content displayed on the Device, except that Owner may supply 50% of the advertising content for the device by submitting the content to EatWatchPlay. For the avoidance of doubt, in exchange for EatWatchPlay providing the Device and managing the advertisements, EatWatchPlay will retain any advertising revenue from the 50% of the content provided in EatWatchPlay’s discretion.

7. No Access to Platform. Owner acknowledges that it has no rights to or access to the Platform, including any associated technology, applications, tools, or licenses (beyond the ability of any user to visit EatWatchPlay.com and any related applications per the end user terms).

8. Waivers; Indemnification. Owner hereby waives all claims, damages, and causes of action of any kind against EatWatchPlay and its affiliates. EATWATCHPLAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICES IT PROVIDES OR ANY POTENTIAL RESULTS THEREOF. Neither party is an agent, partner, or joint venturer of the other, and neither party has authority to act on behalf of the other unless expressly provided herein or otherwise. Owner hereby agrees to indemnify and hold harmless EatWatchPlay against any and all third party claims, damages, liabilities, and causes of action arising out of the actions or inactions of Owner including related to the operation of the Business.

9. Miscellaneous. This Agreement contains the entire Agreement of the parties relating to the subject matter hereof. No waiver or modification of this Agreement will be valid unless in writing and signed by the party agreeing to such waiver or modification. No assignment by either party of this Agreement, or of any rights or obligations hereunder, will be valid without the prior written consent of the other party hereto (except, as to EatWatchPlay, in connection with a change of control of its business, including via a sale of substantially all of its assets). This Agreement and all matters concerning its interpretation, performance, or enforcement will be governed in accordance with the laws of the State of Indiana without regard to conflict of laws and any litigation arising out of the Agreement or the relationship of the parties hereto must be brought in a court of competent jurisdiction in Marion County, Indiana.