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WE CARE ABOUT YOUR PRIVACY

Ybrant Mobile is committed to protecting your privacy and to comply with applicable data protection and privacy laws. We hope that this Privacy Policy (Policy) helps you understand what kind of information we collect in connection with our products and services and how we process such information. This policy covers the Website www.ybrantmobile.com (the "Site") owned and operated by Ybrant Mobile, LLC. ("Company", "we", "us", "our"). This Privacy Policy describes our practices with respect to your or your company's personally identifiable information. Specifically, this Privacy Policy sets forth (i) the types of personal information collected by Company, (ii) how Company collects user information, (iii) how Company uses personal information, (iv) how Company protects personal information, (v) with whom, if anyone, user information is shared, and (vi) how you may access, verify, and if necessary, correct personal information Company has collected about you. By visiting the Site and/or using the Company services, you agree to the terms of this Privacy Policy. If you do not agree to the terms of the Privacy Policy, you may not access the Site or otherwise use the Company services.

The Data We Collect

We receive and store personal information you choose to enter on the Site, or provide us in any other way, such as by telephone or by electronic mail. For example, when you register for our services, we collect personal information about you. This information may include your name, address, e-mail address, telephone number, and credit card number. We may combine the information we collect from you with information about you that we receive from other online and offline sources, such as from our merchant partners, in order to provide you with a better experience and to improve the quality of the Company services. For certain services, we may give you the opportunity to opt out of our combining of such information. In addition, if you voluntarily complete a detailed publisher or advertiser questionnaire, we collect personal information about you. This information may include your name, address, e-mail address, and telephone number, as well as general information about your business. In general, the more information you feel comfortable giving us, the more we can customize the Site and Company services to meet your needs.

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our Website are visited and by how many people. Our cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or email address is. The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of the Site's most attractive features.

We automatically receive and store certain other types of information whenever you interact with us. For example, our servers track the type of Web browser you are using, where you travel within the Site, and the page to which you link from the Site. If you are a publisher using Company's services, Company may access, index, and cache requests made from your mobile sites, applications and device platforms to our system, including by automated means. Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to the Site and its components. This data is only used in the aggregate. This type of collective data enables us to figure out how often customers use parts of the Site, so we can make the Site and Company services appealing to as many customers as possible.

When your customers connect to the Company services on their mobile device, if their mobile phone service provider uniquely identifies the device, Company will receive this information. Company may use this unique mobile device identification information to offer these customers extended services and/or functionality. Certain Company services may require our collection from your customers of the phone number, and/or other unique identifiers, for their device. We may associate that phone number to the mobile device identification information and to other information we have collected from and about these customers; however we will not use that number for telemarketing. Some mobile phone service providers are required to operate a system that will record the physical location of devices that use their service. Depending on the mobile phone service provider, Company may automatically receive this information.

CLIENTS

Ybrant Mobile's advertising management and delivery platform offers significant flexibility to our clients to create, manage and measure the effectiveness of their advertising progams.

In some cases Ybrant Mobile assists our clients by collecting subscriber demographics and profile information to assist in providing subscribers with the most relevant possible content. Ybrant Mobile supports advertising and messaging delivery with sophisticated tracking technology allowing our clients to send personalized and targeted communications to their audience. Ybrant Mobile also provides our clients with the ability to analyze data and transfer this data back to the client. Ybrant Mobile does not own the data collected and cannot use it for its own business purposes or in any way not authorized by our client.

Clients also use the Ybrant Mobile application on a self-managed basis to deliver their own advertising campaigns. Ybrant Mobile has a strict policy against using our application for sending unsolicited advertising. Ybrant Mobile reserves the right to terminate any client that doesn't adhere to a strict opt in permission policy.

We encourage all companies with which we do business to engage in fair information practices. To this end, we request that our clients acknowledge and comply with the standards of online privacy, as outlined by the Online Privacy Alliance www.privacyalliance.org and the Mobile Marketing Association www.mmaglobal.com/bestpractice.pdf.

Also, in accordance with the Network Advertising Initiative (NAI) www.networkadvertising.org we require our clients to create privacy policy statements and to provide mobile users with conspicuous access to their privacy policy statements. Additionally, we require that our clients disclose any and all information that is being collected from mobile users on their mobile/WAP sites, including data gathered from banners and other forms of advertising, as well as content delivered or other transactions occurring on their mobile sites. Although we cannot monitor every transaction tracked by each of our many clients and match it to each respective client's privacy policy, we periodically monitor the mobile sites of our clients to determine whether they are adequately disclosing and updating their privacy statements.

The Purposes for which We Process Your Personal Data

As noted above, we use the information we collect to better understand what products and services are of interest to our users. To this end, we may use personally identifiable information in an aggregate form to gain a broader perspective of what preferences our users have, and to measure interest in the various areas of the Site.

Company does not share your personal information except as approved by you or as described below:

Agents and Service Providers: Company may engage other companies and individuals to perform services on our behalf. Examples of these services include processing credit card payments, sending postal mail and e-mail to you, and analyzing data. While these agents and service providers may have access to your personal information in connection with the performance of services for Company, they may not use such information for any purpose other than providing such services to Company.

Protection of Company and Others: We release account and other personal information when we believe that release is appropriate to comply with the law; enforce or apply our User Agreement; or protect the rights, property, or safety of Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Business Transfers: As we continue to develop our business, we might sell all or certain of our assets or business. In such transactions, your personal information may be one of the transferred business assets.

Aggregate Information: Company may share aggregate personal information about you with advertisers, publishers, business partners, sponsors, and other third parties.

How Secure Is the Personal Information I Provide?

We use Secure Sockets Layer (SSL) software to protect the security of your personal information during transmission, which encrypts the information you input.

While there are always risks associated with providing personal data, whether in person, by phone, via the internet or otherwise, and no technology is completely safe or tamper or hacker proof, Ybrant Mobile takes appropriate technical and organizational information security measures to prevent and minimize such risks.

Such measures include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors and other technically and commercially reasonable measures to provide appropriate protection for your personal data against unauthorized use or disclosure.

What Information Can I Access?

Upon your request, we will provide you with access to, and the ability to correct, certain information about you, such as your username and password, contact information, transaction information and credit card account information. You can access or correct this information in the Account section of the Site.

Log Files

Ybrant Mobile uses IP addresses to monitor and administrate our site and collect data to analyze trends. IP addresses are not linked to any personally identifiable information. Log file data that Ybrant Mobile collects may include browser type, IP address, URL accessed, status code and number of bytes returned.

Third Party Websites

The Site may permit you to link to other Websites on the Internet, and other Websites may contain links to the Site. These other Websites are not under our control. The privacy and security practices of Websites linked to or from the Site are not covered by this Privacy Policy, and Company is not responsible for the privacy or security practices or the content of such Websites.

Children

The Site is not intended for children under 13. We do not knowingly collect personally identifiable information from any children under 13.

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website.

User Agreement

If you decide to visit the Site, your visit and any possible dispute over privacy is subject to this Privacy Policy and our User Agreement, including limitations on damages and application of California state law.

In matters pertaining to Ybrant Mobile's privacy practices please send us a detailed message to privacy@ybrantmobile.com or you can send correspondence to the following address:

Ybrant Mobile, LLC
Plot No. 7 A, MLA Colony
Road No. 12, Banjara Hills
Hyderabad, India 500034

Changes to This Privacy Policy

We may amend this Privacy Policy at any time, at our sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the Site so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

This Publisher Agreement is a legal document between Publisher and Ybrant Digital., a Delaware corporation doing business as Ybrant Digital (“YBT”), and includes all Purchase Orders referred to below (collectively, the “Agreement”). In this Agreement, “Publisher,” refers to any individual or entity that signs a Purchase Order and hosts a Ybrant Mobile Ad, “Publisher Site,” refers to the Publisher’s web site or sites where a Ybrant Mobile Ad will be hosted, “we,” “our” and “us” refer to YBT, and “the Site,” refers to YBT’s worldwide web site located at http://www.Ybrantnetworks.com. By entering into this agreement and signing a Purchase Order, Publisher agrees to be bound by the terms and conditions contained herein and therein.

1.Publishing Requirements.
(a)Generally. YBT will give Publisher the opportunity to place onto the Publisher Site(s) or application advertisements and other content created by certain third parties who operate their own web sites or create ads on behalf of web sites (“Advertisers”). YBT and/or each Advertiser will provide Publisher access to information, photos, text, video, graphics, music, sounds, images and other material to place on the Publisher Site(s) or application as well as code for a link to the Advertiser’s web site (the information and link being a “Ybrant Mobile Ad”). Each Ybrant Mobile Ad placed on the Publisher Site(s) or application will have certain specified start and end dates (“Flight Dates”) and Publisher will be required to deliver a certain specified amount of traffic (“Required Traffic”) through a Ybrant Mobile Ad to the Advertiser’s web site during the Flight Dates. YBT will generate and provide to Publisher a written document detailing, among other matters, applicable Flight Dates and Required Traffic (such document being a “Purchase Order”). Both parties agree that all Purchase Orders must be in writing to be valid and binding. Publisher will receive compensation in the form of a paid commission, subject to meeting the specifications detailed in the applicable Purchase Order

(b)Payment Process and Terms. Publisher will be given a purchase order number with a Purchase Order and this number must be included on all invoices Publisher submits to YBT for payment with respect to that Purchase Order. Invoices are to be submitted following the completion of the Flight Dates applicable to a Ybrant Mobile Ad. Terms are net 60 days of invoice date. Payments will be based solely and exclusively upon the statistics compiled by YBT’s tracking and reporting system (as indicated in the IO above). YBT will not pay for defaults. YBT will be responsible for payments to Publisher attributable to a particular Ybrant Mobile Ad placed on the Publisher Site(s) only to the extent that YBT has actually received payment from the applicable Advertiser. Payments shall be remitted to publisher within 60 days from the end of the month. All payments will be based on Ybrant Mobile server reports – under "Net pub comp ($)" column unless mentioned else in the IO. Please note: international payments made by checks may be delayed due to international mail procedures. Publisher will only receive payment if generated monthly revenue is equal or exceeds US$100. Monthly revenue will be calculated per calendar month and will not roll-over or accumulate in any other wayInvoices should be sent to: Ybrant Mobile, Accounts Payable, 9 Hamenofim Street, Herzliya, 46725, PO Box 12627, Israel.

(c)Display Restrictions. Publisher agrees to place a Ybrant Mobile Ad on the Publisher Site(s) or application at the location(s) and for the Flight Dates specified in a particular Purchase Order. Failure to locate a Ybrant Mobile Ad per any specifications in a Purchase Order will require Publisher to undertake certain actions and/or forego part or all of Publisher’s commission compensation to make up for such failure (such undertakings and/or foregoing a “Make Good”). YBT sole and absolute discretion shall have final decision-making authority regarding the form and substance of any Make Good. Publishers may not change any design of a Ybrant Mobile Ad and may not alter, modify or otherwise interfere with the operation of the link contained in any Ybrant Mobile Ad. Any modifications or disabling of the link by Publisher will require a Make Good by Publisher. Publishers shall not use Advertisers or any Ybrant Mobile Ad for a contest or other money-making opportunity without prior authorization from YBT. Publishers will not send unsolicited commercial e-mail, or “Spam” e-mail, to promote an Advertiser or any Ybrant Mobile Ad placed on a Publisher Site(s). Publishers shall not use any mechanical or other means to artificially inflate traffic counts to Advertiser web sites whose Ybrant Mobile Ad(s) are placed on the Publisher Site(s) or application. YBT reserves the right to remove a Ybrant Mobile Ad from your web site or application for any reason.

(d)Revised Purchase Orders. YBT reserves the right, subject to Publisher approval, to increase the Required Traffic of a Purchase Order in cases where YBT has additional traffic needs for the Ybrant Mobile Ad detailed in the Purchase Order during the applicable Flight Dates. YBT reserves the right, in its sole discretion, to reduce the applicable Required Traffic of a Purchase Order at any time.

(e)Non-performance. In cases where actual traffic to Advertiser web sites through a Ybrant Mobile Ad is less than the applicable Required Traffic (or YBT determines during the Flight Dates that actual traffic will be less than the applicable Required Traffic), where there is an incorrect placement of a Ybrant Mobile Ad or where there is a taking down of a Ybrant Mobile Ad during the applicable Flight Dates or other Publisher web site/application-related problems, YBT may take any appropriate action, including, but not limited to, the following; (i) the pro-ration of commissions based on the actual amount of traffic to Advertisers through a Ybrant Mobile Ad relative to time; (ii) requiring the Publisher to run a Ybrant Mobile Ad (the same or different) until there is a satisfactory amount of traffic delivered from a Ybrant Mobile Ad on a Publisher Site; or (iii) negotiating with a Publisher an appropriate Make Good. Publisher offering preemptive inventory agrees to use every commercially reasonable effort to fully deliver the Required Traffic within the applicable Flight Dates set forth in the Purchase Order.

(f)Over-Delivery. Publisher will not receive extra payment for delivering more than the Required Traffic for any particular Purchase Order. Publisher will not receive payment for traffic delivered beyond the Flight Dates of any Purchase Order, unless specifically authorized by YBT to do so through a Revised Purchase Order.

(g)Time Sensitive Ybrant Mobile Ads. Publisher must comply with the Flight Dates in a Purchase Order. As such, a Ybrant Mobile Ad must be placed on the Publisher Site on the start date specified in the applicable Purchase Order and taken down from the Publisher Site or application on the end date specified in the same Purchase Order. Failure to abide by the applicable Flight Dates in any particular Purchase Order will require a Make Good by Publisher.

(h)Cancellations. YBT reserves the right to cancel any Purchase Order by giving Publisher at least forty eight (48) hours’ prior written (or e-mail) notice thereof.

(i)Publisher Reports. YBT, through its tracking and reporting system, will provide Publisher an electronic, regularly updated report detailing the traffic from the Publisher Site or application through any placed Ybrant Mobile Ad (“Publisher Reports”). YBT’s tracking and reporting system will be the sole and exclusive determinant of traffic measurement. Publisher Reports will be available online at the Site for review by Publisher and will be accessible by Publisher only by means of a login identification number and password that will be issued to Publisher by PWI upon Publisher’s signing of a Purchase Order.

(j)Marketing Right. YBT reserves the right to refer to Publisher in the Site, marketing materials, press releases and financial reports, and Publisher agrees that we may use Publisher’s name, logo and screen shots of pages indicating that Ybrant Mobile Ads are hosted by Publisher.

(k)Spyware and Adware. As used herein “Spyware” means any executable software application that covertly gathers user data and transmits it through the user’s internet connection without -the knowledge or consent of the user. Cookies and web beacons will not be considered Spyware. As used herein, "Adware" means any executable software application that causes advertising to pop-up as an independent window (over or under the active window) on the user’s computer either randomly or based on the user’s online activity regardless of whether the user consented to install such application. Pop-up or pop under advertisements that a Web site serves to visitors of such Web site shall not be considered Adware.” Failure to comply will result in the cancellation of PO and credits for advertising by which adware or spyware was used for delivery. Agreement to Purchase Order from Media Company indemnifies client and agency of all financial or legal responsibility stemming from legal actions taken related to inappropriate or malicious use in stated campaign.”

2. Confidentiality; Security. Information related to Publisher’s activities during the term of this Agreement, including, without limitation, data generated through any Ybrant Mobile Ad, as well as all YBT software and other intellectual property (collectively, the “YBT Information”) are confidential and proprietary to YBT. Publisher may not disclose YBT Information to any third party or otherwise use or exploit such information except as may be made public by YBT or as expressly permitted hereunder. Publisher agrees to undertake reasonable security measures to prevent the disclosure of YBT Information.

3. Representations. Publisher represents and warrants to YBT that (i) Publisher has all necessary right, power and authority to enter into this Agreement and to perform the acts required of Publisher hereunder; and (ii) no material that is displayed on the Publisher Site or application will (A) infringe, violate or misappropriate any copyright, trade secret, trademark or other proprietary or intellectual property right of any third party; (B) constitute libel, defamation, invasion of privacy or the violation of any right of publicity or any other right of any third party; (C) violate any applicable law, statute, ordinance or regulation; (D) be lewd, pornographic or obscene; (E) violate any laws regarding unfair competition, anti-discrimination or false advertising; (F) promote violence or contain hate speech or is threatening or abusive; or (G) contain viruses, Trojan horses, worms or other similar harmful materials. We represent and warrant to Publisher that we have all necessary right, power and authority to enter into this Agreement and to perform the Acts required of us hereunder.

4. Limitation of Liability. YBT IS NOT LIABLE FOR ANY CLAIM, REPRESENTATION ORWARRANTY MADE BY ANY PUBLISHER INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF ANY PUBLISHER’S WEB SITE OR THE ALTERATION OF THE APPEARANCE OR SYNTAX OF ANY LINK. UNDER NO CIRCUMSTANCES WILL YBT BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM ANY PUBLISHER’S PERFORMANCE OR NONPERFORMANCE

OR THE OPERATION OF ANY WEB SITE BY ANY PUBLISHER OR ADVERTISER, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS. IN NO EVENT WILL PWI’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL COMMISSIONS PAID TO PUBLISHER UNDER THIS AGREEMENT. PUBLISHER IS SOLELY RESPONSIBLE FOR ANY LIABILITY

RELATING TO THE OPERATION OF ITS OWN WEB SITE.

5. Disclaimer. YBT MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY YBRANT MOBILE AD, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YBT SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING (A)

PRODUCT OR SERVICE OFFERED OR SOLD THROUGH ANY WEB SITE; (B) THE FUNCTIONALITY, PERFORMANCE OR OPERATION OF ANY WEB SITE; AND (C) THE SUCCESS OF ANY PLACED ADVERTISEMENT. PWI IS NOT RESPONSIBLE FOR THE DEVELOPMENT, OPERATION, MAINTENANCE OR CONTENT OF ANY PUBLISHER’S OR ADVERTISER’S WEB SITE.

6. Term, Termination and Survival. The term of this Agreement will commence upon the execution hereof by both parties and will continue until terminated by either Publisher or YBT. Either Publisher or YBT may terminate this Agreement at any time, with or without cause, by giving the

other party at least forty eight (48) hours’ prior written (or e-mail) notice thereof. Upon termination of this Agreement for any reason, Publisher will immediately take down all Ybrant Mobile Ads from the Publisher Site or applications. Publisher commissions earned through the date of termination or expiration of this Agreement that remain due and payable will be paid to Publisher by YBT; the terms of such payment of such Publisher commissions will be subject to the terms of payment first set out above. The obligations of the parties which are intended, by their express terms or by necessary implication, to survive the expiration or termination of this Agreement shall so survive.

7. Indemnification. Publisher agrees to indemnify and hold harmless YBT and its directors, officers, employees, agents and authorized representatives from and against any costs, losses, liabilities and expenses (including court costs and reasonable attorneys’ fees) that YBT may suffer, incur or be subjected to by reason of any legal action, arbitration or other claim by a third party arising out of or as a result of a breach of Publisher’s representations, warranties and agreements made hereunder.

8. Relationship. YBT and all Publishers are independent contractors, and no partnership, joint venture, agency, franchise, sales representative, or employment relationship will be deemed to exist between or among YBT or any Publisher by virtue of any party entering into a Publisher Agreement

or Purchase Order. YBT HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY ARRANGEMENTS OR AGREEMENTS THAT PUBLISHER MAY ENTER INTO WITH OTHER PUBLISHERS OR ADVERTISERS. PUBLISHER UNDERSTANDS AND AGREES THAT NO EXCLUSIVE RELATIONSHIP BETWEEN OR AMONG YBT AND ANY PUBLISHER OR ADVERTISER IS CREATED OR IMPLIED BY VIRTUE OF ANY PARTY ENTERING INTO ANY PUBLISHER AGREEMENT. WE RESERVE THE RIGHT TO SOLICIT PUBLISHERS, EITHER DIRECTLY OR INDIRECTLY, ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN ANY PUBLISHER AGREEMENT.

9. Independent Investigation. PUBLISHER UNDERSTANDS AND AGREES THAT PUBLISHER WILL NOT HAVE OR ACQUIRE BY VIRTUE OF ENTERING INTO A PUBLISHER AGREEMENT OR PURCHASE ORDER ANY VESTED, PROPRIETARY OR OTHER RIGHT

IN THE PROMOTION OF ANY PRODUCT OR SERVICES OR IN ANY GOODWILL CREATED BY PUBLISHER’S EFFORTS. PUBLISHER HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF DISPLAYING ANY YBRANT MOBILE AD AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN A PUBLISHER AGREEMENT OR PURCHASE ORDER.

10. Governing Law and Jurisdiction. All disputes between the parties hereto shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. Both parties mutually agree and consent that jurisdiction and venue for all disputes between the parties hereto shall be vested exclusively in the state courts within Los Angeles County.

11. Arbitration. Except for the right of either party to apply to the court of jurisdiction for equitable relief to preserve the status quo or prevent irreparable harm, all disputes regarding or arising between the parties hereto that cannot be resolved amicably by good faith negotiations will be subject to arbitration. Either party may initiate arbitration by sending a written demand for arbitration to the other party, setting forth the subject of the dispute and the relief sought. The arbitration will be conducted within 120 days of such demand in Los Angeles, California pursuant to the then effective Commercial Arbitration Rules of the American Arbitration Association (or such rules as are appropriate to the dispute) by three independent, neutral arbitrators appointed in accordance with such rules. Depositions may be taken and discovery may be conducted in any arbitration hereunder subject to reasonable limitations imposed by the arbitrators, consistent with the goal of limiting the cost and time that the parties must expend for discovery. All offers, promises, conduct and statements, whether oral or written, made in the course of any arbitration hereunder by or on behalf of the parties, and the findings of the arbitrators, are confidential, privileged and inadmissible for any purpose, including impeachment, in any other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the arbitration. The decision of the arbitrators will be final and binding upon the parties hereto, and may be entered in any court of competent jurisdiction for judicial acceptance of such award and order of enforcement. The arbitrators’ findings will be in writing and will include a detailed summary of the law as it applied to the award and findings of the arbitrators. The costs of arbitration, including administrative and arbitrator fees, will be shared equally by the parties and each party will bear its own costs and attorneys’ and witness’ fees incurred in connection with any arbitration conducted hereunder.

12. Miscellaneous. Except as required by law Publisher may not, without our prior written consent, issue any press release or make any representations or warranties, about us, the Site or any of our products and services. If any provision of this Agreement is held unenforceable, that provision will be enforced to the maximum extent possible so as to effect the intent of the parties to this Agreement. Without prior written consent, Publisher may not assign or otherwise transfer this Agreement or any of Publisher’s rights or duties under this Agreement. This Agreement will inure to the benefit of YBT, its successors and assigns. Nothing in this Agreement is intended or will be construed to give any person, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect of this Agreement or any other provision contained herein. This Agreement constitutes the complete and exclusive understanding and agreement between Publisher and YBT relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements and communications and/or advertisements with respect to the subject matter hereof. Instructions set forth in the Purchase Order shall govern should such instructions vary from the terms disclosed in this Agreement. This Agreement can be modified only by a formal written agreement signed by persons duly authorized to sign agreements on behalf of Publisher and YBT.

13. Counterparts. This Agreement may be executed in counterparts, by manual or facsimile signature, each of which will be deemed an original and all of which together will constitute one and the same instrument. KJM Edition November 2008 Page 6 of 6 IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Publisher Agreement as of the date and year indicated.

Ybrant Mobile Publisher