TERMS AND CONDITIONS AND CONTRACT FOR
EZSHIELD COMMERCE ID RECOVER
EZSHIELD COMMERCE ID MONITOR


DELUXE PROVENT SERVICES

The Deluxe Provent suite of services is offered by Deluxe Financial Services, Inc., a Minnesota corporation ("Deluxe") and provided by EZShield, Inc., a Delaware corporation ("EZShield") to the consumer who subscribes for any Service. Please read these Terms and Conditions carefully as Customer's right to use any Service is expressly subject to full compliance with these Terms and Conditions, as they may be modified from time to time. If you do not agree with these Terms and Conditions, please do not subscribe for any Service or disclose any information to Deluxe Provent or EZShield in connection with any Service. These Services are intended only for consumers. This document constitutes the entire agreement between Deluxe and EZShield and Customer.

CONTENTS
I. Definitions and Eligibility
II. EZShield Commerce ID Recover
III. EZShield Commerce ID Monitor
a. EZShield Commerce ID Recover
b. EZShield Internet Monitoring (Hereinafter sometimes referred to as "Dark Web Monitoring")
c. EZShield Credit Monitoring
IV. Terms of use for EZShield Commerce ID Recover and EZShield Commerce ID Monitor
V. EZShield Expense Reimbursement provided by American International Group, Inc. ("AIG")
VI. Additional Terms and Conditions for Deluxe Provent Services (including limitations on Commerce Bank's liabilities and your remedies against Commerce Bank)

I. DEFINITIONS AND ELIGIBILITY

A. DEFINITIONS
Customer: The Commerce Bank account holder over the age of 18 that has purchased the Service. If two individuals share an account, but do not qualify under the description of "Affiliated Persons" below, the account holder who enrolled will be the only person qualified to receive the Service. In order to obtain the Service, the secondary account holder would need to open a new account. For example, if roommates were to open an account together, without legal affiliation, they would not qualify as Affiliated Persons, and therefore only the account holder that purchased the Service would qualify.

Affiliated Persons: Limited to the spouse or domestic partner of Customer (where domestic partner is defined as any person living in a legally recognized partnership with Customer), dependent children under the age of 21 who live with Customer and dependent children under the age of 25 who are full-time students, as determined by IRS dependency requirements. Sometimes referred to as "family member".

Affected Party: Limited to the Customer or Affiliated Person who is covered by the Service and has experienced an Identity Theft Event.

Secure Storage: All personal and financial information stored by EZShield uses Triple Layer Defense System(SM) encryption, which encrypts the sensitive data coming into the system, going out of the system, and at rest.

Identity Theft Event: The use of the Affected Party's name, address, Social Security number, bank or credit card account number, or other identifying information without Customer's knowledge to commit fraud or other crimes.

Resolution Specialist: Named individual dedicated to the Affected Party's Restoration case and who is certified with the following credentials:
Services: EZShield Commerce ID Recover, EZShield Commerce ID Monitor

Term of Service: Service is provided on a month-to-month basis as long as any applicable monthly Service fee is paid. If these Services are cancelled or your account is closed at Commerce Bank, your Service will remain active until the last day of the month in which it was cancelled.

B. ELIGIBILITY
EZShield Commerce ID Recover: Limited to the Customer. Affiliated Persons gain access to the certified Resolution Specialists and restoration services features of this product. (Hereinafter sometimes referred to as "Commerce ID Recover".)

EZShield Commerce ID Monitor: Limited to the Customer and one designated Affiliated Person. Both parties would be eligible for EZShield Internet Monitoring and EZShield Credit Monitoring upon proper and separate registration. (Hereinafter sometimes referred to as "Commerce ID Monitor".)

Online Identity Vault™: Provided to the Customer with Commerce ID Recover. Provided to the Customer and one Affiliated person with Commerce ID Monitor.

II. EZSHIELD COMMERCE ID RECOVER

DESCRIPTION OF SERVICE

A. Identity Management Services

For access to all Services, please contact Deluxe Provent at 1-866-460-0095 or go to https://commercebank.ezshield.com. B. Restoration Services
In the event these Services are needed, the Customer must contact EZShield to indicate that either they or the Affiliated Person has had an Identity Theft Event in order to begin the restoration process. Preventative and Complimentary Services
Affected Commerce ID Recover Customers and their Affiliated Persons will qualify for EZShield Credit Monitoring and EZShield Internet Monitoring. Should they experience an Identity Theft Event and file a police report, these Services are provided through the Affected Party's password-protected online account at https://commercebank.ezshield.com and requires proper registration. III. EZSHIELD COMMERCE ID MONITOR

All of the benefits of COMMERCE ID RECOVER (Section II above), plus proactive EZShield INTERNET MONITORING AND EZShield CREDIT MONITORING Services for the properly registered Customer and one Affiliated person, to monitor the Internet black market chat rooms and their credit report. Customer receives the benefits of these services immediately upon registration.

EZSHIELD INTERNET MONITORING EZSHIELD CREDIT MONITORING

Changes to your credit report that you did not initiate can be the first sign of fraud. This Service is synchronizing with the credit bureau, and alerting the Affected Party any time there is a change to their credit file.

Credit Report Monitoring: Monitors for changes and new activity from the credit bureau which allows the Affected Party to validate that the credit related activity is their own.

Notification Services: Provides e-mail alerts and/or phone notifications of activities discovered in the process of monitoring changes to the Affected Party's credit report.

Secure Authentication: EZShield Monitoring Services require one-time verification to ensure that we are securely monitoring the Affected Party's credit report. Accurate information is required in order to ensure secure authentication.

IV. TERMS OF USE FOR EZSHIELD COMMERCE ID RECOVER AND EZSHIELD COMMERCE ID MONITOR
The EZShield Commerce ID Recover and EZShield Commerce ID Monitor Services are governed by these Terms and Conditions and EZShield's Privacy Policy, available at https://commercebank.ezshield.com.

OTHER LEGAL TERMS
Limitations: V. EZSHIELD EXPENSE REIMBURSEMENT PROVIDED BY AIG
To receive a copy of your Identity Theft Expense Reimbursement Certificate of Insurance, please call 866-460-0095.
HIGHLIGHTS
DESCRIPTION OF EZSHIELD EXPENSE REIMBURSEMENT
Reimbursement for Identity Theft Expenses noted below, incurred as a result of an Identity Theft Event that occurs or was first known during the Term of Service.
Identity Theft Expenses include the following:
TERMS OF USE FOR EZSHIELD EXPENSE REIMBURSEMENT
EZShield Expense Reimbursement is governed by the "Identity Theft Expense Reimbursement Certificate of Insurance" provided by AIG and associated policies.
EXCLUSIONS
Identity Theft Expense Reimbursement does NOT apply to:
Identity Theft Insurance underwritten by insurance company subsidiaries or affiliates of American International Group, Inc. The description herein is a summary and intended for informational purposes only and does not include all terms, conditions and exclusions of the policies described. Please refer to the actual policies for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions.

VI. ADDITIONAL TERMS AND CONDITIONS FOR DELUXE PROVENT SERVICES
Commerce Bank's liability/Your rights against Commerce Bank/Commerce Bank's disclaimer of warranties. TO THE EXTENT CUSTOMER ASSERTS ANY LEGAL CLAIM OR CAUSE OF ACTION AGAINST COMMERCE BANK FOR ANY REASON RELATED TO THE SERVICES DETAILED HEREUNDER, CUSTOMER'S SOLE REMEDY AND COMMERCE BANK'S SOLE LIABILITY FOR ANY CLAIM BOUGHT BY CUSTOMER AGAINST COMMERCE BANK SHALL BE A REFUND OF, AND IN NO EVENT SHALL COMMERCE BANK'S LIABILITY EXCEED, THE FEES THAT CUSTOMER PAID TO COMMERCE BANK FOR THE PRODUCTS OR SERVICES DESCRIBED HEREIN.
IN NO EVENT SHALL COMMERCE BANK BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESSES, REVENUE, PROFITS, OR GOODWILL, ARISING IN CONNECTION WITH ANY OF THE SERVICES OR THE TERMS AND CONDITIONS, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR NEGLIGENCE.
COMMERCE BANK MAKES NO REPRESENTATION, WARRANTY, OR STATEMENT REGARDING THE ACCURACY OR COMPLETENESS OF THESE TERMS AND CONDITIONS AND DOES NOT GURANTEE THE ACCURACY OR, AND DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE SERVICES. DELUXE AND EZSHIELD ARE NOT AGENTS OF OR JOINT VENTURES WITH COMMERCE BANK.
Deluxe/EZShield's liability/Your rights against Deluxe/EZShield. To the fullest extent permissible by law, except as expressly provided in the Service Descriptions or these Terms and Conditions, neither Deluxe nor EZShield makes any warranties of any kind regarding any Service, either express or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose. Deluxe has priced its Service based on this limitation of liability, which is an important term of the applicable Service. Neither Deluxe nor EZShield shall be liable to Customer or any third party for any indirect, consequential, exemplary, special, incidental or punitive damages, including without limitation loss of use or lost businesses, revenue, profits, or goodwill, arising in connection with any of the Services or the Terms and Conditions, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if Deluxe or EZShield knew or should have known of the possibility of such damages. EACH SERVICE IS AVAILABLE ON AN "AS IS" BASIS ONLY. IN NO EVENT SHALL DELUXE OR EZSHIELD'S LIABILITY IN CONNECTION WITH ANY SERVICE EXCEED THE AMOUNTS PAID, DIRECTLY OR INDIRECTLY, TO EZSHIELD FOR SUCH SERVICE.
EZShield reserves the right to refuse or terminate Customer's subscription for any of the Services if EZShield determines Customer has committed fraud or other illegal acts, made untrue statements, or failed to fully cooperate with EZShield's efforts to provide the relevant Service(s) to or on behalf of Customer. EZShield offers the Service to adults who reside in the United States or its territories, and also for the benefit of their Affiliated Persons, who may be under the age of 18.
Neither Deluxe nor EZShield will be liable if either of them is unable to perform or deliver any part of the Services or is delayed in performing any such obligations due to failure of any of data processing systems, hardware systems, the Internet, or because of incident, event or factor outside Deluxe's or EZShield's reasonable control.
Neither Deluxe nor EZShield nor their subcontractors shall be liable for any loss or injury that may arise out of its acts or omissions, whether negligent or otherwise, in obtaining, distributing, compiling, collecting, interpreting, reporting, communicating or delivering any applicable Service. Customer understands and agrees that every business decision involves assumption of a risk, and that neither Deluxe nor EZShield underwrite that risk in any manner whatsoever.
In no event shall Deluxe or EZShield, their subcontractors or agents be liable for any incidental, indirect or consequential damages, however arising, incurred from any of the Services or the unavailability thereof. The Services are being provided "AS-IS" and neither Deluxe nor EZShield assumes any responsibility for the timeliness, deletion, failed delivery or failure to store any information obtained or distributed through the Services. Since EZShield and its subcontractors obtain data from third parties, such information may, or may not be, completely thorough, timely and accurate. Customer shall not rely upon Deluxe or EZShield for the accuracy or completeness of information supplied in using any of the Services.
In order to subscribe for any of the Services, Customer must provide EZShield with true, accurate, current and complete account registration information and maintain and update such information on a timely basis. If Customer provides any information that is untrue, inaccurate, not current or incomplete, Deluxe or EZShield may immediately suspend or terminate Customer's account for any or all of the Services, and refuse to provide any or all of the same to Customer. Any violation of local, state, provincial or federal laws in using any of the Services may result in the immediate termination of the Service, at Deluxe's or EZShield's sole discretion.
By registering for the Service, when applicable, Customer authorizes and instructs EZShield and its agents to act as Customer's agent by accessing and using any available online searchable databases on behalf of Customer for the purpose of obtaining and gathering information about Customer for Customer's use and benefit and, in certain cases, to remove information about Customer from such databases. The public information that the Service obtains is delivered via the Internet by a digital dashboard that contains alert flags and nationwide public record information that is obtained from third parties as well as proprietary databases and derived information.
CUSTOMER AGREES THAT EZSHIELD DOES NOT PROVIDE INSURANCE AND IS NEITHER AN INSURANCE COMPANY NOR AN AGENT FOR AN INSURANCE COMPANY, IS NOT A CREDIT REPAIR ORGANIZATION, IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP CUSTOMER IMPROVE CUSTOMER'S CREDIT HISTORY OR RATING. CUSTOMER AGREES THAT, UNLESS SPECIFIED IN AN EZSHIELD SERVICE, EZSHIELD WILL NOT MAKE PAYMENTS TO CUSTOMER OR OTHERWISE BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE OR LIABILITY CUSTOMER MAY INCUR IN ANY WAY RELATED TO AN IDENTITY THEFT EVENT (OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY MONETARY, FINANCIAL OR OTHER ECONOMIC LOSS, THEFT OR DAMAGE OF ANY KIND.
MISCELLANEOUS
These Terms and Conditions and the Services shall be governed by and enforced pursuant to the laws of the State of Maryland. These Terms and Conditions and the documents referenced herein collectively serve as the sole and exclusive agreement between Customer and Deluxe or EZShield regarding the applicable Service(s) and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. If any provision of these Terms and Conditions is held to be invalid or otherwise unenforceable, the remainder of these terms will remain in full force and effect, and will in no way be invalidated or otherwise affected.
Any dispute between Customer and Deluxe or EZShield relating to these Terms and Conditions or the applicable Service(s) that cannot otherwise be resolved amicably shall be submitted to binding arbitration in Harford County, Maryland before a single arbitrator appointed by Judicial Arbitration and Mediation Service ("JAMS") (or if such entity no longer exists, then by its successor entity or a similar national organization in the United States designed to facilitate alternative dispute resolution proceedings) under the then-existing JAMS Streamlined Arbitration Rules and Procedures as applied to commercial disputes and the decision of the arbitrator shall be final and binding upon all parties. Customer may participate remotely.
Customer hereby agrees to indemnify Deluxe and EZShield, and each of their affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorney's fees) arising from any third party claim relating to Customer's use of any Service or violation of any law or rights of a third party.
Customer inquiries regarding any Service should be sent as follows: via regular mail, to EZShield Sales Co, 415 Williams Circle, Baltimore, MD 21220: Customer Service Department, Attn: Customer Service Department; via electronic mail, to customerservice@ezshield.com; and via telephone, (866) 460-0095 (M-F 8:00 a.m. – 8:00 p.m. ET).
CUSTOMER AND DELUXE AND EZSHIELD EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THE SERVICE AND/OR THESE TERMS AND CONDITIONS.


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