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EQUIFAX INFORMATION SERVICES LLCBROKER SUBSCRIBER AGREEMENTThis Agreement is effective thisday of,2(“Effective Date”). The undersigned ("Subscriber"), desiringto receive various information services as available fromEquifax (the “Equifax Information Services”) throughInnovativeCredit Solutions a broker ofconsumer credit report and other information ("Broker"),agrees that all Equifax Information Services will be receivedthrough Broker subject to the following conditions:I.GENERAL AGREEMENT1.Scope of Agreement. This Agreement consists ofthe general terms set forth in the body of this Agreement,Exhibit A1 (“State Compliance Matters), Exhibit A2(Vermont Fair Credit Reporting Contract Certification),Exhibit B (“Equifax Information Services”) and Exhibit C(“Notice to Users of Consumer Reports: Obligations of UsersUnder the FCRA”). If there is a conflict between the generalterms and conditions and any Exhibit, the provisions of theExhibit will govern and control. This Agreement applies toevery kind of information, software or service provided byEquifax to Subscriber, even if a given type of software,service or information is not specifically referred to in thisAgreement or is not currently provided by Equifax, unless thesoftware, service or information is furnished pursuant to aseparate written agreement with Equifax, executed andeffective after the Effective Date, and containing an "entireagreement" or "merger" clause. This Agreement specificallysupersedes and replaces any agreement between the partiesthat predates this Agreement and that relates to any of theEquifax Information Services named in Exhibit B, even if theprior agreement contains an "entire agreement" or "merger"clause, and any such agreements are terminated.2.Users. Equifax Information Servicesrequested only for Subscriber's exclusive use.willbe3.FCRA Certifications. Subscriber certifies that it willorder Equifax Information Services that are consumerreports, as defined by the Federal Fair Credit Reporting Act,15 U.S.C. 1681 et. seq., as amended (the "FCRA"), onlywhen Subscriber intends to use the consumer report: (a) inaccordance with the FCRA and all state law FCRAcounterparts, and (b) for one of the following FCRApermissible purposes:(i) in connection with a credittransaction involving the consumer on whom the consumerreport is to be furnished and involving the extension of creditto, or review or collection of an account of, the consumer; (ii)in connection with the underwriting of insurance involving theconsumer; (iii) as a potential investor or servicer, or currentinsurer, in connection with a valuation of, or an assessmentof the credit or prepayment risks associated with, an existingcredit obligation; (iv) when Subscriber otherwise has alegitimate business need for the information either inconnection with a business transaction that is initiated by theconsumer, or to review an account to determine whether theconsumer continues to meet the terms of the account; or (v)for employment purposes. Subscriber further certifies that itwill use each consumer report ordered from Equifax for oneof the foregoing purposes and for no other purpose and thatit will not share with or provide to any third party suchconsumer reports, except as otherwise permitted pursuant toBroker Subscriber Agreement LRD 2.18.15LDL/Legal/Templates/KNET/BrokerSection I.5 hereof. SUBSCRIBER IS NOT AUTHORIZEDTO REQUEST OR RECEIVE CONSUMER REPORTS FOREMPLOYMENT PURPOSES UNLESS SUBSCRIBER HAS SELECTED THE PERSONA REPORT SERVICE ONEXHIBIT B.California Law Certification:Subscriber will refer to Exhibit A1 of the Agreement inmaking the following certification, and Subscriber agrees tocomply with all applicable provisions of the California CreditReporting Agencies Act, as referenced in Exhibit A1:(SUBSCRIBER’S AUTHORIZED REPRESENTATIVE MUSTPLACE HIS/HER INITIALS NEXT TO THE APPLICABLESPACE BELOW.)1. Do you, Subscriber, certify you are a “retail seller”, asdefined in Section 1802.3 of the California Civil Code andreferenced in Exhibit A1.? YesNo2. Do you, Subscriber, issue credit to consumers who appearin person on the basis of an application for credit submitted inperson? YesNoVermont Law Certification:Subscriber certifies that it will comply with applicableprovisions under Vermont law. In particular, Subscribercertifies that it will order the Equifax Information Servicesrelating to Vermont residents that are credit reports asdefined by the Vermont Fair Credit Reporting Statute, 9V.S.A. § 2480e (1999), as amended (“the VFCRA”), onlyafter Subscriber has received prior consumer consent inaccordance with VFCRA Section 2480e and applicableVermont Rules. Subscriber further certifies that the attachedcopy of VFCRA Section 2480e and applicable Vermont Ruleswere received from Equifax, as referenced on Exhibit A2.4.Access. Subscriber will be responsible for providingand installing all hardware and software at its facilitiesnecessary to access the Equifax Information Services.Equifax will provide reasonable consultation to Subscriber toassist in defining those hardware and software needs.5.License of Information. Equifax grants a nonexclusive license to Subscriber to use the EquifaxInformation (as defined in Section I.*)only as described in thisAgreement. Subscriber may reproduce or store the EquifaxInformation solely for its own uses in accordance with thisAgreement, and will hold all Equifax Information licensedunder this Agreement in strict confidence and will notreproduce, reveal or make it accessible in whole or in part, inany manner whatsoever, to each other or any others unlessrequired by law, or unless Subscriber first obtains Equifax'swritten consent; provided, however, that Subscriber, asapplicable, may discuss information in a consumer reportwith the subject of that consumer report when Subscriberhas taken adverse action against the subject based on theconsumer report. Subscriber will not provide a copy of the1

consumer report to the consumer, unless required by law orapproved in writing by Equifax, except where this contractualprohibition would be invalid. Subscriber will refer theconsumer to Equifax whenever the consumer disputesinformation in an Equifax consumer report disclosed bySubscriber. Subscriber will not interpret the failure of Equifaxto return information regarding the consumer's eligibility for acredit service as a statement regarding that consumer'scredit worthiness, because that failure may result from one ormore factors unrelated to credit worthiness.6.Compliance with Laws. Subscriber will comply withapplicable federal and state laws, rules and regulationsrelating to such party’s performance of its obligations underthis Agreement including, but not limited to, all applicableconsumer financial protection laws. In addition, Subscribershall not engage in any unfair, deceptive, or abusive acts orpractices.7.Audits.In order to determine Subscriber'scompliance with this Agreement, Equifax or its designatedrepresentative shall have the right, from time to time, to: (1)upon reasonable notice to Subscriber, enter into Subscriber’sfacilities during normal business hours, and conduct on-siteaudits of Subscriber’s practices and procedures relating toSubscriber’s request for and use of consumer reports; and(2) conduct audits by mail, email or similar electronic meansthat may require Subscriber to provide documentationregarding permissible purposes for particular consumerreports ordered by Subscriber. Subscriber shall promptlyprovide Equifax with copies of or access to all requesteddocuments and records and use reasonable efforts tootherwise cooperate with Equifax in all such audits.8.Territory. Subscriber may access, use and store theEquifax Information Services and all information and dataprovided or obtained through use of the Equifax InformationServices (the “Equifax Information”) only at or from locationswithin the territorial boundaries of the United States, Canadaand the United States territories of Puerto Rico, Guam andthe Virgin Islands (the “Permitted Territory”). Subscriber maynot access, use or store the Equifax Information Services ator from, or send the Equifax Information Services to, anylocation outside of the Permitted Territory without firstobtaining Equifax’s prior written approval and entering intosuch written agreements as Equifax may require.9.Service Providers. Except with respect to Broker,Subscriber may not allow a third party service provider(hereafter “Service Provider”) to access, use, or store theEquifax Information Services or the Equifax Information on itsbehalf without first obtaining Equifax’s written permission.II.PRICINGSubscriber will be charged for the Equifax InformationServices by Broker, which is responsible for paying Equifaxfor the Equifax Information Services; however, should theunderlying relationship between Subscriber and Brokerterminate at any time during the term of this Agreement,charges for the Equifax Information Services will be invoicedto Subscriber, and Subscriber will be solely responsible topay Equifax directly. Subscriber’s payment will includeproduct fees, taxes and regulatory recovery fees.III.1.Unless earlier terminated in accordance with thisSection III, this Agreement will run coterminous with theservice agreement between Broker and Equifax under whichBroker is authorized to resell the Equifax InformationServices to Subscriber.2.This Agreement will immediately terminate duringany current term: (a) by either party, with or without cause,upon thirty (30) days prior written notice; (b) in the event thatEquifax or Subscriber ceases to conduct business in anormal course, becomes insolvent, makes a generalassignment for the benefit of creditors, suffers or permits theappointment of a receiver for its business or assets, or availsitself of, or becomes subject to, any proceeding under theFederal Bankruptcy Code of 1978, as amended, or anysimilar state insolvency or bankruptcy statutes, and eitherparty gives the other written termination notice following thatevent; or (c) as otherwise provided in this Agreement. Inaddition, if either party materially breaches this Agreement,the non-breaching party may terminate this Agreement afterproviding written notice of the breach to the breaching partywith fifteen (15) calendar days opportunity to cure. Equifaxmay, in its own discretion, suspend services during any cureperiod. Either party, by written notice to the other party, mayimmediately terminate this Agreement or suspend anyEquifax Information Service(s) if based on a reasonablebelief that the other party has violated the FCRA, the FederalEqual Credit Opportunity Act, as amended (the “ECOA”), anyof the state law counterparts to the FCRA or ECOA, or anyother applicable law or regulation. Equifax may, by writtennotice to Subscriber, immediately terminate this Agreementor suspend any Information Service(s) if based on areasonable belief that Subscriber has violated Section VI. ofthis Agreement.3.Notwithstanding anything to the contrary in thisAgreement, if the continued provision of all or any portion ofthe Equifax Information Services becomes impossible,impractical, or undesirable due to a change in applicablefederal, state or local laws or regulations, as determined byEquifax in its reasonable judgment, or due to circumstancesimposed by Equifax’s third party vendors or data sources, ordue to a change in Equifax’s policies relating to compliancewith law and/or data security, Equifax may either (a) cease toprovide the affected services within, or pertaining to personsresiding within, the affected jurisdiction, or (b) establish newprices which will apply to the affected services when providedor delivered within, or pertaining to persons residing within,the affected jurisdiction, which prices will be reasonablycalculated to cover the costs incurred by Equifax incomplying with the applicable laws or regulations orcircumstances imposed by third party vendors and willbecome effective on the date specified in such notice unlessSubscriber objects in writing, in which case Equifax mayexercise its rights under clause (a) above. Equifax willattempt to provide written notice of its actions as far inadvance of the effective date as is reasonably possible underthe circumstances.Termination or expiration of this Agreement shall notpreclude either party from pursuing other remedies availableto it, including injunctive relief, nor shall such termination orexpiration relieve Subscriber’s obligation to pay all fees thathave accrued or are otherwise owed by Subscriber toEquifax under this Agreement.TERM AND TERMINATIONBroker Subscriber Agreement LRD 2.18.15LDL/Legal/Templates/KNET/Broker2

IV.WARRANTY, INDEMNIFICATION ANDLIMITATION OF LIABILITY1.Subscriber and Equifax recognize that every businessdecision represents an assumption of risk and that neitherparty, in furnishing Information or the Equifax InformationServices to the other, underwrites or assumes the other's riskin any manner. EXCEPT AS OTHERWISE EXPRESSLYPROVIDED IN THIS AGREEMENT, OR ANY AMENDMENTHERETO. TO THE MAXIMUM EXTENT ALLOWABLE BYAPPLICABLE LAW, THE EQUIFAX INFORMATIONSERVICES PROVIDED HEREUNDER ARE PROVIDED ONAN “AS IS” BASIS AND EACH PARTY HEREBYDISCLAIMS ANY AND ALL OTHER PROMISES,REPRESENTATIONS, GUARANTEES AND WARRANTIESWHETHER EXPRESS OR IMPLIED OR NESS, CURRENTNESS, MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE OF THEINFORMATION OR SERVICES PROVIDED TO THEOTHER. NEITHER PARTY, NOR ANY OF ITS DIRECTORS,OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS,LICENSORS, AFFILIATED COMPANIES (“AFFILIATEDPERSONS AND ENTITIES”) WILL BE LIABLE TO THEOTHER PARTY FOR ANY LOSS OR INJURY RELATINGTO, ARISING OUT OF, OR CAUSED IN WHOLE OR INPART BY, THEIR ACTS OR OMISSIONS, EVEN IFNEGLIGENT,RELATINGTOTHEACCURACY,CORRECTNESS, COMPLETENESS OR CURRENTNESSOF THE EQUIFAX INFORMATION SERVICES OR ANYINFORMATION. Subscriber recognizes that accessing theconsumer credit database with additional information ordifferent identification information on a consumer, or at adifferent time from a prior request for information, may resultin file content different from that on the date of the originalaccess.2.SUBSCRIBER SHALL INDEMNIFY AND DEFENDEQUIFAX AND ITS AFFILIATED PERSONS AND ENTITIESFROM AND AGAINST ANY LOSS, DAMAGE, COST,LIABILITY AND EXPENSE (INCLUDING REASONABLEATTORNEYS’ FEES) ARISING FROM OR RELATING TOTHE INVESTIGATION, DEFENSE, SETTLEMENT ORSATISFACTION OF CLAIMS OR CAUSES OF ACTION OFA THIRD PARTY AGAINST ANY SUCH INDEMNITEEARISING OUT OF OR RELATING TO A BREACH (ORALLEGED BREACH) OF SECTIONS I.3, I.5. I.6.,V, VI. OREXHIBIT B OF THIS AGREEMENT BY SUBSCRIBER ORITS AFFILIATED PERSONS AND ENTITIES.3.EQUIFAX SHALL INDEMNIFY AND DEFENDSUBSCRIBER AND ITS AFFILIATES FROM AND AGAINSTANY LOSS, DAMAGE, COST, LIABILITY AND EXPENSE(INCLUDING WITHOUT LIMITATION REASONABLEATTORNEYS’ FEES) ARISING FROM OR RELATING TOTHE INVESTIGATION, DEFENSE, SETTLEMENT ORSATISFACTION OF CLAIMS OR CAUSES OF ACTION OFA THIRD PARTY AGAINST ANY SUCH INDEMNITEEARISING OUT OF OR RELATING TO A BREACH BYEQUIFAX OR ANY OF ITS AFFILIATED PERSONS ANDENTITIES OF EQUIFAX’S OBLIGATIONS UNDERSECTION V. OF THIS AGREEMENT.4.NOTWITHSTANDINGANYTHINGTOTHECONTRARY CONTAINED IN THIS AGREEMENT, EXCEPTWITH RESPECT TO THE OBLIGATIONS OF INDEMNITYSET OUT IN SECTIONS IV. 2 AND IV.3., NEITHER PARTY,NOR ANY OF ITS AFFILIATED PERSONS AND ENTITIES,Broker Subscriber Agreement LRD 2.18.15LDL/Legal/Templates/KNET/BrokerWILL BE RESPONSIBLE FOR CONSEQUENTIAL,INCIDENTAL, INDIRECT, EXEMPLARY OR SPECIALDAMAGES, INCLUDING LOST PROFITS (EVEN IF THEYHAVE BEEN ADVISED OF THE POSSIBILITY ORLIKELIHOOD OF SUCH DAMAGES).V.CONFIDENTIALITYSubscriber agrees to hold in confidence all consumer reportinformation received through the Equifax InformationServices provided by Equifax, except as provided in SectionI.5. Each party acknowledges that all other materials andinformation disclosed by a party (“Discloser”) to the otherparty ("Recipient") in connection with the performance of thisAgreement, including the terms of this Agreement and anypricing terms, consist of confidential and proprietary data(collectively, the “Confidential Information”). Each Recipientwill hold the Confidential Information in strict confidence, andwill restrict its use of Confidential Information to the purposesanticipated in this Agreement. If the law or legal processrequires Recipient to disclose Confidential Information,Recipient will notify the Discloser of the request. Thereafter,the Discloser may seek a protective order or waive theconfidentiality requirements of this Agreement, provided thatRecipient may only disclose the minimum amount ofinformation necessary to comply with the requirement.Recipient will not be obligated to hold confidential anyinformation from the Discloser which (a) is or becomespublicly known, (b) is received from any person or entity who,to the best of Recipient’s knowledge, has no duty ofconfidentiality to the Discloser, (c) was already known toRecipient prior to the disclosure, and that knowledge wasevidenced in writing prior to the date of the other party'sdisclosure, or (d) is developed by the Recipient without usingany of the Disclosers information. The rights and obligationsof this Section V (i) with respect to confidential andproprietary data that constitutes a “trade secret” (as definedby applicable law), which includes without limitation allconsumer report information received through the EquifaxInformation Services, will survive the termination of thisAgreement for so long as such Confidential Informationremains a trade secret under applicable law; and (ii) withrespect to all other Confidential Information, will survive thetermination of this Agreement for the longer of two (2) yearsfrom termination, or the confidentiality period required byapplicable law. Each party acknowledges that unauthorizeddisclosure or use of the Confidential Information by a partymay irreparably damage the other party in such a way thatadequate compensation could not be obtained from damagesin an action at law. Accordingly, the actual or threatenedunauthorized disclosure or use of any ConfidentialInformation shall give the Discloser the right to seekinjunctive relief restraining such unauthorized disclosure oruse, in addition to any other remedy otherwise available(including reasonable attorneys’ fees). Each party herebywaives the posting of a bond with respect to any action forinjunctive relief.VI.DATA SECURITY1.This Section VI applies to any means through whichSubscriber orders or accesses the Equifax InformationServices including, without limitation, system-to-system,personal computer or the Internet.For the purposes of this Section VI, the term “AuthorizedUser” means a Subscriber employee that Subscriber hasauthorized to order or access the Equifax Information3

Services and who is trained on Subscriber’s obligations underthis Agreement with respect to the ordering and use of theEquifax Information Services and the Equifax Information,including Subscriber’s FCRA and other obligations withrespect to the access and use of consumer reports.2.Subscriber will, with respect to handling the EquifaxInformation:(a) ensure that only Authorized Users can order or haveaccess to the Equifax Information Services,(b) ensure that Authorized Users do not order consumerreports for personal reasons or provide them to any thirdparty except as permitted by this Agreement,(c) inform Authorized Users that unauthorized access toconsumer reports may subject them to civil and criminalliability under the FCRA punishable by fines andimprisonment,(d) ensure that all devices used by Subscriber to order oraccess the Equifax Information Services are placed in asecure location and accessible only by Authorized Users, andthat such devices are secured when not in use, through suchmeans as screen locks, shutting power controls off, or othercommercially reasonable security procedures,(e) take all necessary measures to prevent unauthorizedordering of or access to the Equifax Information Services byany person other than an Authorized User for permissiblepurposes, including, without limitation, limiting the knowledgeof the Subscriber security codes, member numbers, UserIDs, and any passwords Subscriber may use (collectively,“Security Information”), to those individuals with a need toknow. In addition, the User IDs must be unique to eachperson, and the sharing of User IDs or passwords isprohibited,(f) change Subscriber’s user passwords at least everyninety (90) days, or sooner if an Authorized User is no longerresponsible for accessing the Equifax Information Services,or if Subscriber suspects an unauthorized person has learnedthe password. Additionally, perform at least quarterlyentitlement reviews to recertify and validate AuthorizedUser’s access privileges,(g) adhere to all security features in the software andhardware Subscriber uses to order or access the EquifaxInformation Services, including the use of IP restriction,(h) implement secure authentication practices whenproviding User ID and passwords to Authorized Users,including but not limited to using individually assigned emailaddresses and not shared email accounts,(i) in no event access the Equifax Information Services viaany hand-held wireless communication device, including, butnot limited to, web enabled cell phones, interactive wirelesspagers, personal digital assistants (PDAs), mobile dataterminals and portable data terminals,(j) not use non-company owned assets such as personalcomputer hard drives or portable and/or removable datastorage equipment or media (including but not limited tolaptops, zip drives, tapes, disks, CDs and DVDs) to store theEquifax Information Services,(k) encrypt Equifax Information when it is not in use and,with respect to all printed Equifax Information, store in asecure, locked container when not in use and completelydestroy such Equifax Information when no longer needed bycross-cut shredding machines (or other equally effectivedestruction method) such that the results are not readable oruseable for any purpose,(l) if Subscriber sends, transfers or ships any EquifaxInformation, encrypt the Equifax Information using minimumstandards of Advanced Encryption Standard (AES), minimum128-bit key, or Triple Data Encryption Standard (3DES),Broker Subscriber Agreement LRD 2.18.15LDL/Legal/Templates/KNET/Brokerminimum 168-bit key, encrypted algorithms, which standardsmay be modified from time to time by Equifax,(m) not ship hardware or software between Subscriber’slocations or to third parties without deleting all EquifaxSubscriber number(s), security codes, User IDs, passwords,Subscriber user passwords, and any consumer information,(n) monitor compliance with the obligations of this SectionVII, and immediately notify Equifax if Subscriber suspects orknows of any unauthorized access or attempt to access theEquifax Information Services, including, without limitation, areview of Equifax invoices for the purpose of detecting anyunauthorized activity,(o) if, subject to Section I.9, Subscriber uses a ServiceProvider to establish access to the Information Services, beresponsible for the Service Provider’s use of SecurityInformation, and ensure the Service Provider safeguardssuch Security Information through the use of securityrequirements that are no less stringent than those applicableto Subscriber under this Section VI,(p) use commercially reasonable efforts to assure datasecurity when disposing of any co

4. Access. Subscriber will be responsible for providing and installing all hardware and software at its facilities necessary to access the Equifax Information Services. Equifax will provide reasonable consultation to Subscriber to assist in defining those hardware and software needs. 5. License of Information. Equifax grants a non-