These Mobile Commerce Terms and Conditions (“Terms and Conditions”) are a material part of, and are incorporated into, the Mobile Commerce Services Agreement between Billing Revolution and Publisher. Billing Revolution and Publisher hereby agree as follows:

1.1. “Billing Revolution Materials” means any graphics, images, content, links to Products, or other materials provided by Billing Revolution to Publisher.

1.2. “Link” means a link to a Product that is supplied by Billing Revolution to Publisher or created by Publisher in accordance with the terms of this Agreement.

1.3. “Merchant Account Tool” means the Service’s online account management tool that allows Publisher to, in accordance with this Agreement, register Products on the Service and otherwise manage Publisher’s account.

1.4. “Platform” means Billing Revolution’s proprietary platform that processes Transactions on the Service.

1.5. “Product” means a product that is made available for purchase by Publisher on the Publisher Service and is registered by Publisher in the Service using the Merchant Account Tool.

1.6. “Publisher Service” means those portions of the user interface visible on the screen of any handheld mobile device through which a user of such device is able to navigate directly to the Service via a Link.

1.7. “Service” means Billing Revolution’s processing of transactions as described in this Agreement.

1.8. “Trademarks” means logos and other trademarks, if any, of Billing Revolution and third-party licensors that are identified in the Merchant Account Tool for use by Publisher in accordance with this Agreement.

1.9. “Transaction” means the purchase of a Product by a user of the Publisher Service who clicks through a Link to the Service.

1.10. “Transaction Fees” means the per-Transaction fees payable to Billing Revolution by Publisher, consisting of a fixed per-Transaction fee and a fee based upon the retail price for the applicable Product, each as set forth on page one (1) of this Agreement.

2. Service

2.1. Subject to the terms and conditions of this Agreement, Billing Revolution will use commercially reasonable efforts to operate the Service and to enable users of the Publisher Service to conduct Transactions using a wireless device.

2.2. Billing Revolution may reject or limit Transactions that do not comply with requirements that Billing Revolution may establish from time to time, and, more generally, reserves the right to reject or limit Transactions from time to time in its sole discretion. Except as set forth in this Section 2, Publisher will be solely responsible for, and will bear all risk and liability for, sourcing, storing, fulfilling, and delivering all Products, and will do so in accordance with the terms of this Agreement and all Billing Revolution policies as made available within the Merchant Account Tool or otherwise provided from Publisher from time to time.

2.3. Publisher will bear all risk, liability and responsibility for: (a) any non-delivery, misdelivery, theft, or other mistake or act in connection with the delivery of Products; and (b) any non-conformity or defect in any Products. Publisher will take appropriate actions to resolve any user customer support, technical support, or other issues with respect to Products.

2.4. Publisher will supply to Billing Revolution accurate and complete information for each Product to be made available for Transactions on the Service, together with any other related information, requested within the Merchant Account Tool or otherwise reasonably requested by Billing Revolution. Publisher will update such information as frequently as necessary so that the information is at all times current, accurate, and complete, and will ensure that all information provided with respect to any particular Product is relevant to such Product.

2.5. Publisher will post and maintain a statement of its privacy practices that discloses Publisher’s use, collection, and disclosure of personally identifiable information (including, without limitation, telephone numbers) of users of the Publisher Service, and will maintain a link to such statement on the Publisher Service. Publisher will comply with such policy and, further, will comply with all policies or requirements regarding personally identifiable information that Billing Revolution makes available to Publisher from time to time. Publisher acknowledges that Billing Revolution may contact users who navigate to the Service.

2.6. As between the parties, Publisher will serve as the primary contact for all user customer service issues (including, without limitation, issues pertaining to Publisher’s personnel, policies, and processes, and relating to pricing, rebates, Product information, availability, technical support, functionality, and fulfillment. Billing Revolution may make available customer service features within the Merchant Account Tool from time to time, such as features allowing Publisher to issue refunds directly to its users. In performing customer service, Publisher must always present itself as separate from Billing Revolution and in no event will identify itself as an agent of Billing Revolution.

3. Fee Calculations and Accounting

3.1. Billing Revolution will be the merchant of record for all Transactions, and Billing Revolution’s name will appear on the user’s credit card statement. When a user places a Transaction for a Product, Billing Revolution will purchase the Product from Publisher for an amount equal to the retail price for the Product, less all applicable Transaction Fees (such net amount, the “Publisher Share”). Billing Revolution will process the user’s payment for the retail price of the Product and request that the Product be fulfilled.

3.2. Company will bear all risk of refunds, chargebacks, rebills, bad debt expense, and returns (including any gateway and other fees incurred by Billing Revolution as to the foregoing) occurring in connection with Transactions, and Billing Revolution will charge Company on a pass-through basis, and Company agrees to pay, all chargeback, refund, rebill, gateway and like fees incurred by Billing Revolution. If a End User requests a refund for a Product (and Billing Revolution honors such refund request, or Company initiates processing of the refund request in the Merchant Account Tool), or if a End User initiates a chargeback with respect to a Product, Billing Revolution will debit Company’s account for the full retail price of the returned Product. .

3.3. Publisher will provide, and update from time to time, (a) a valid corporate credit card number and expiration date, and (b) accurate and complete bank account information at which Publisher can receive payments. At the end of each calendar month during the term of this Agreement, Billing Revolution will review Publisher’s account. If Publisher’s account has a negative balance, Billing Revolution will charge Publisher’s credit card on file for the amount of the negative balance.

3.4. If Publisher’s account has a positive balance in excess of $25.00 at the end of a calendar month, Billing Revolution will pay Publisher within 30 days of the end of that calendar month by transferring funds to Publisher’s bank account on file (or, if requested by Publisher using the Merchant Account Tool, issue a check to Publisher at its registered address) for the amount of the positive balance, less the applicable Holdback (defined below) and a payment processing fee of $3.00. At Publisher’s request, settlement payouts, including all applicable fees, can be made for amounts under $25.00.

3.5. Notwithstanding anything to the contrary in these Terms and Conditions, Billing Revolution will have the right to hold in reserve an amount equal to five percent of the amounts received by Billing Revolution in connection with Transactions under this Agreement for the previous six months (“Holdback”). Billing Revolution will apply the Holdback to any and all charge-backs and refunds paid to users under this Agreement. If the amount of the Holdback is greater than zero on the ninetieth day following any termination or expiration of this Agreement, Billing Revolution will pay the amount of the Holdback to Publisher.

3.6. Billing Revolution will make available to Publisher a report, statement, or other accounting (within the Merchant Account Tool or by email to Publisher’s email address on file) for each calendar month during the term of this Agreement during which Transactions take place. Other than federal and state net income taxes imposed on Billing Revolution by the United States, Publisher will bear all taxes, duties, and other governmental charges resulting from this Agreement. Publisher is responsible for reporting all income and calculating and paying all taxes (including, without limitation, federal and state income taxes, FICA (Social Security or Medicare) taxes, FUTA taxes, state unemployment insurance taxes, state disability insurance taxes, and any other taxes related to its sale or license of Products or otherwise relating to the transactions contemplated by this Agreement. Billing Revolution will maintain the right, but assumes no obligation, to deduct or withhold any taxes from any amounts payable to Publisher under this Agreement, and payment to Publisher as reduced by any such deductions or withholdings will constitute full payment and settlement to Publisher of such amounts. All payments to Publisher will be in U.S. Dollars.

3.7. All reports, statements, and other accountings provided to Publisher will be conclusive, final and binding, unless Publisher gives Billing Revolution written notice stating the specific basis for objection within one year after the date rendered. Publisher will not maintain any action or proceeding against Billing Revolution with respect to any report, statement, or other accounting unless Publisher commences that action or suit against Billing Revolution within six months following the date that Publisher provides Billing Revolution with the written notice referred to in the immediately preceding sentence. Any such action or proceeding will be limited to a determination of the amount of monies, if any, payable by Billing Revolution to Publisher for the accounting periods in question, and Publisher’s sole and exclusive remedy will be the recovery of those monies with no interest thereon.

4. Policies and Pricing. Users of the Publisher Service who navigate to the Service will be deemed Billing Revolution’s users, and users of the Publisher Service who enter into Transactions on or through the Billing Revolution service will be deemed Billing Revolution’s customers. Accordingly, all of Billing Revolution’s rules, policies, and operating procedures concerning use of the Service will apply to those customers. Billing Revolution may change its policies and operating procedures at any time in its sole discretion.

5. Links to Products. Subject to the terms of this Agreement, Publisher will generate links for each Product within the Merchant Account Tool. Billing Revolution may, but is not obligated to, provide new or modified links to Publisher from time to time. If Billing Revolution provides new or modified links to Publisher, Publisher must promptly use such links (and, if applicable, cease to use any replaced or superseded Links). Upon request by Billing Revolution at any time, Publisher will provide any banner advertisement, image, or other content on the Publisher Service that incorporates or is associated with a Link (“Publisher Materials”) to Billing Revolution for its review and written approval (which written approval may, for purposes of this Section 5, be given by email). Billing Revolution may approve of or reject Publisher Materials in its sole discretion. Publisher must not display on the Publisher Service (or elsewhere) any Publisher Materials that Billing Revolution has rejected. If Publisher creates Publisher Materials, it does so at its sole cost and expense and without any assurance that any Publisher Materials will be approved by Billing Revolution. Subject to any approval by Billing Revolution required under this Section 5, Publisher is solely responsible for the development, operation, and maintenance of Publisher Materials and the Publisher Service.

6. Promotion of Products and Operation of Publisher Service.

6.1. Publisher will use commercially reasonable efforts to promote Products by displaying Links on the Publisher Service in accordance with these Terms and Conditions.

6.2. Publisher is solely responsible for the development, operation, and maintenance of the Publisher Service and for all Publisher Materials and other information and materials that appear on the Publisher Service and any associated service offerings of Publisher. Without limiting the generality of the foregoing, the Publisher Service and Publisher Materials must not (a) violate or infringe, or contain or link to any materials that violate or infringe, the rights of Billing Revolution or any third party; (b) contain or promote obscene or illegal products, services, or materials; or (c) promote discrimination based upon race, sex, religion, nationality, disability, age, or sexual orientation. Publisher must not otherwise commit any act or omission in connection with Publisher’s use of the Service that may subject Billing Revolution or its licensors or suppliers to legal liability of any nature.

6.3. Publisher will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, and other requirements of any governmental authority that has jurisdiction over Publisher, whether those laws, etc. are now in effect or later come into effect during the term of this Agreement, including, without limitation, all applicable laws (federal, state, or otherwise) that govern marketing communications, including, without limitation, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, and all other laws governing email and SMS/text message communications.

6.4. Publisher must not, expressly or by implication, make or pass on any representation or warranty regarding the Service, the Platform, Transactions, or otherwise regarding Billing Revolution or its products or services. Publisher must not make any statement, whether on the Publisher Service or otherwise, that contradicts, or is inconsistent with, this Section 6.

6.5. Without limiting Section 5, Publisher understands and agrees that the Publisher Service, or relevant potions thereof, may need to be approved by Billing Revolution and other third parties before Publisher may display Links on the Publisher Service. Billing Revolution will notify Publisher if approval is required, at which time Publisher must, if applicable, immediately cease displaying the Links referenced by Billing Revolution (or, if no particular Links are specified in such notice, all Links) until the time, if any, that Billing Revolution notifies Publisher that approval has been given. Billing Revolution and applicable third parties may grant or withhold approval of the Publisher Service, and applicable portions thereof, in their sole discretion.

7. Term and Termination

7.1. The term of this Agreement will commence upon the Effective Date and will continue until terminated in accordance with this Agreement.

7.2. Billing Revolution may suspend its performance under this Agreement at any time upon notice to Publisher.

7.3. In addition to the termination rights of either party specified elsewhere in this Agreement, a party may terminate this Agreement with or without cause at any time upon notice to the other party.

7.4. On and after termination of this Agreement, (a) any provision which, by its nature or express terms should survive, including, without limitation, Sections 1, 2.1, 3.7, 4, 6.2, 6.3, 6.4, 7.4, 8, 9, 10, 11, 12, and 13 of these Terms and Conditions, will survive such termination; (b) any and all liabilities accrued prior to the effective date of the termination will survive; and (c) Billing Revolution will have no obligation to perform under this Agreement.

8. Intellectual Property. No title to or ownership of the Service, the Platform, the Billing Revolution Materials, or any associated intellectual property rights, is transferred to Publisher under this Agreement. Publisher will not have any rights to the Platform, the Service, or any Billing Revolution Materials except as expressly granted in this Agreement. Billing Revolution and its licensors reserve all right, title, and interest (including, without limitation, all intellectual property rights) in and to the Billing Revolution Materials, the Service, and the Platform. Billing Revolution grants to Publisher a nonexclusive, revocable right to use any Billing Revolution Materials for which Billing Revolution grants express permission within the Merchant Account Tool, solely for inclusion on the Publisher Service and solely for promoting Links and Products during the term of this Agreement. Publisher must not use, modify, copy, distribute, display, or make available any Billing Revolution Materials for any other purpose. Publisher must follow all guidelines for the use of the trademarks of Billing Revolution and its licensors, as those guidelines may change from time to time. The license granted in this Section 8 will terminate upon any termination of this Agreement. Billing Revolution may revoke the license granted in this Section 8 at any time by providing written notice to Publisher.

9. Confidentiality.

9.1. “Confidential Information,” for purposes of these Terms and Conditions, means any trade secrets, Billing Revolution Materials, or other information of Billing Revolution, whether of a technical, business, or other nature (including, without limitation, information relating to the Service or the Platform or otherwise relating to its technology, software, products, services, designs, methodologies, business plans, finances, marketing plans, suppliers, prospects, or other affairs), that is disclosed to Publisher during the term of this Agreement and that Publisher knows or has reason to know is confidential, proprietary, or trade secret information of Billing Revolution. Confidential Information does not include any information that: (a) was known to Publisher prior to receiving the same from Billing Revolution in connection with this Agreement; (b) is independently developed by Publisher without use of or reference to Confidential Information; (c) is acquired by Publisher from another source without restriction as to use or disclosure; or (d) is or becomes part of the public domain through no fault or action of Publisher.

9.2. During and after the term of this Agreement, Publisher will: (a) use Confidential Information solely for the purpose for which it is provided; (b) not disclose Confidential Information to a third party unless the third party must access the Confidential Information to perform in accordance with this Agreement and the third party is bound by confidentiality obligations similar to the terms contained in this Section 9; and (c) protect all Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that it protects its own confidential information of a similar nature. If Publisher is required by law to disclose any Confidential Information, Publisher must give prompt written notice of such requirement to Billing Revolution before such disclosure and assist Billing Revolution in obtaining an order protecting the Confidential Information from such disclosure. Upon the termination or expiration of this Agreement, or upon earlier request, Publisher will deliver to Billing Revolution all Confidential Information that it may have in its possession or control.

9.3. The obligations in this Section 9 are in addition to, and supplement, each party’s obligations of confidentiality under any nondisclosure or other agreement between the parties.

10. Disclaimer of Warranties. THE MOBILE COMMERCE PROGRAM, THE PLATFORM, THE SERVICE, AND ALL BILLING REVOLUTION MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” BILLING REVOLUTION AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE MOBILE COMMERCE PROGRAM, THE PLATFORM, THE SERVICE, OR THE BILLING REVOLUTION MATERIALS, INCLUDING, WITHOUT LIMITATION, THAT THE BILLING REVOLUTION SERVICE (OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, THE PLATFORM) WILL BE UNINTERRUPTED OR ERROR-FREE. PUBLISHER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES, OBLIGATIONS, AND LIABILITIES OF BILLING REVOLUTION AND ITS LICENSORS AND SUPPLIERS AND ALL OTHER RIGHTS, CLAIMS, AND REMEDIES OF PUBLISHER AGAINST BILLING REVOLUTION AND ITS LICENSORS AND SUPPLIERS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT, DEFICIENCY, OR NONCONFORMITY IN ANY BILLING REVOLUTION MATERIALS, THE MOBILE COMMERCE PROGRAM, THE PLATFORM, THE SERVICE, OR OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT; OR (D) CLAIM IN TORT (WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHER THEORY).

11. Indemnification. Publisher will indemnify, defend, and hold harmless Billing Revolution, its affiliates, licensors, and suppliers, and their respective directors, officers, employees, shareholders, and agents, from and against any and all third-party claims, actions, suits, proceedings, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) arising directly or indirectly from or in connection with (a) Publisher’s development, operation, or maintenance of the Publisher Service; (b) the Products; and Publisher’s promotion and supply thereof; and (c) any breach by Publisher of any of the covenants, warranties, or representations contained in this Agreement.

12. Limitations of Liability

12.1. DISCLAIMER OF CONSEQUENTIAL DAMAGES. BILLING REVOLUTION AND ITS LICENSORS AND SUPPLIERS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO PUBLISHER FOR LOST PROFITS, LOSS OF BUSINESS, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT, THE MOBILE COMMERCE PROGRAM, THE PLATFORM, THE SERVICE, OR ANY OTHER SERVICES OR MATERIALS PROVIDED BY BILLING REVOLUTION UNDER THIS AGREEMENT, EVEN IF BILLING REVOLUTION OR ITS LICENSORS OR SUPPLIERS ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THIS PROVISION WILL APPLY EVEN IF THE REMEDIES IN THIS AGREEMENT HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

12.2. GENERAL LIMITATION OF LIABILITY. IN NO EVENT WILL THE TOTAL LIABILITY OF BILLING REVOLUTION AND ITS LICENSORS AND SUPPLIERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR RELATING TO THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT, THE MOBILE COMMERCE PROGRAM, THE PLATFORM, THE SERVICE, OR ANY OTHER SERVICES OR MATERIALS PROVIDED BY BILLING REVOLUTION UNDER THIS AGREEMENT, EXCEED THE AMOUNTS PAID OR PAYABLE TO BILLING REVOLUTION UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM.

12.3. INDEPENDENT ALLOCATIONS OF RISK. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY BILLING REVOLUTION TO PUBLISHER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

13. Miscellaneous Provisions.

13.1. Changes to Terms and Conditions. Notwithstanding Section 13.10, Billing Revolution may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. In such event, Billing Revolution will provide Publisher with written notice (which written notice, for purposes of this Section 13.1, includes notice given by email to Publisher’s email address on file) that these Terms and Conditions have been modified. Such notice will either describe the revisions to these Terms and Conditions or direct Publisher to a URL at which Publisher may review the revised Terms and Conditions. All revised terms will be deemed incorporated into this Agreement immediately upon receipt by Publisher of such notice. IF ANY MODIFICATION TO THESE TERMS AND CONDITIONS OR RELATED BILLING REVOLUTION POLICIES IS UNACCEPTABLE TO PUBLISHER, PUBLISHER’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. PUBLISHER’S USE OF THE SERVICE (OR CONTINUED PARTICIPATION IN THE MOBILE COMMERCE PROGRAM IN ANY OTHER MANNER) FOLLOWING A MODIFICATION TO THESE TERMS AND CONDITIONS AS DESCRIBED IN THIS SECTION 13.1 WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

13.2. Assignment. Publisher may not assign its rights, duties, or obligations under this Agreement without Billing Revolution’s prior written consent. If consent is given, this Agreement will bind Publisher’s successors and assigns. Any attempt by Publisher to transfer its rights, duties, or obligations under this Agreement except as expressly provided in this Agreement is void.

13.3. No Waiver. The waiver by either party of any breach of any provision of this Agreement does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation in accordance with this Agreement will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this Agreement.

13.4. Force Majeure. Neither party will be liable for, or be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement (except with respect to monetary obligations) as a result of any cause or condition beyond such party's reasonable control (including, without limitation, any act or failure to act by the other party).

13.5. Cumulative Rights. The remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.

13.6. Independent Parties. For the purposes of this Agreement, Billing Revolution and Publisher are independent contracting parties. Nothing in these Terms and Conditions will be construed as creating an agency relationship, an employer-employee relationship, a partnership, a joint venture, or an obligation to form any entity or any of the foregoing relationships between the parties.

13.7. Governing Law/Venue. This Agreement will be interpreted, construed and enforced in all respects in accordance with (a) the laws of the State of Washington applicable to agreements entered into and to be performed wholly therein (without reference to the rules governing choice of laws rules and principles) and (b) the federal laws of the United States of America. Any legal action or proceeding by either party to enforce, construe or otherwise concerning this Agreement will be brought exclusively in the state and federal courts (as applicable) located in King County in the State of Washington. In any such action or proceeding, each party hereby agrees irrevocably submit to the exclusive personal and subject matter jurisdiction and venue of such courts.

13.8. Notice. Notices under this Agreement are sufficient if given by nationally recognized overnight courier service, certified mail (return receipt requested), facsimile with electronic confirmation, or personal delivery, at the addresses provided by Publisher in the Merchant Account Tool (MAT). Notice is effective: (a) when delivered personally, (b) when sent by email (where email notice is authorized explicitly under these Terms and Conditions or in any applicable Billing Revolution policies made available on the Service); (c) three business days after sending by certified mail, (d) on the business day after sending by a nationally recognized courier service, or (e) on the business day after sending by facsimile with electronic confirmation to the sender. A party may change its notice address by giving notice in accordance with this section.

13.9. Severability. If any term of this Agreement is held to be invalid, void or unenforceable, then the remaining terms of this Agreement will not be affected and will be valid and enforceable to the fullest extent permitted by law.

13.10. Entire Agreement. This Agreement represents the entire agreement between Billing Revolution and Publisher concerning Publisher’s use of and participation in the Mobile Commerce Program. This Agreement supersedes any other agreements between Billing Revolution and Publisher relating to its contents. Any changes to this Agreement must be in writing and signed by each party.