Service Level Agreement I Introduction This Make.TV INC. Service Level Agreement (“SLA”) is a policy governing the use of Make.TV INC. Enterprise Licenses, the Make.TV INC. Live Video Cloud (LVC) – hereinafter “MT” (Make.TV INC. technology) between Make.TV and clients using Make.TV’s services (“you” or “client”). This SLA applies separately to each account using MT. Unless otherwise provided herein, this SLA is subject to the terms of any given individual contract Make.TV and you agreed upon. II Service Commitment Make.TV will use commercially reasonable efforts to make MT available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any monthly billing cycle (the “Service Commitment”). In the event MT does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. III Commitments for technical measures, failover precautions Besides general monitoring for the overall system, the Make.TV INC. Software does automated availability checks of the video engines at least every 10 seconds. If a video engine is in an error state, the system will try to use available or spare machines as a replacement (< 30 sec.). If all the appointed machines are in use and no other spare machines are available, MT will deploy new machines and have them taking over (depending on the datacenter/cloud provider: 30-600 sec.). IV Definitions “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which MT was unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any MT SLA Exclusion (defined below). “Unavailable” and “Unavailability” mean MT having malfunctions or not being accessible, causing you being unable to produce content using MT. Examples might be: ingest server not available, delivery to outgest target does not work, transcoding creates errors. Any unavailability lasting longer than 180 sec. shall be considered “critical”, any shorter outage shall be considered “minor”. Errors in the frontend, design- or documentation issues are considered to be “cosmetic”, do not fulfill the term “unavailable” and are not covered by this SLA, but by the given regulation of German laws (“Gewährleistung = Warranty ”). A “Service Credit” is a credit (in EUR or USD, depending on the currency used in your contract with Make.TV), calculated as set forth below, that we may credit back to an eligible account. V Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments for setup) for the monthly billing cycle in which the unavailability occurred in accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Less than 99.95% but equal to or greater than 99.0% 10% Less than 99.0% 25% VI Credit Request and Payment Procedures To receive a Service Credit, you must submit a claim by opening a case in the Make.TV Support System. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: • the words “SLA Credit Request” in the subject line; • the dates and times of each Unavailability incident that you are claiming; • your documentation (request logs, monitoring logs or your written notes that document the errors and corroborate your claimed outage (any confidential or sensitive information in log files can and should be removed or replaced with asterisks). Documentation can also be provided by simply referring to a corresponding support ticket that was created when our support team was first informed about the issue. If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. VII Support Commitment Make.TV INC. provides support according to the following description with no differentiation between the different Tiers: First Level Support: First level support (“FLS”) is available by phone, email or support ticket system (provided by Make.TV INC.) 24/7. While Make.TV INC. guarantees a reaction time of 4 hours for phone calls, FLS will take reasonable efforts to respond to phone calls within 30 minutes. The FLS will use best effort to take care of and solve any infrastructure-related issues (e.g. servers not responding, firewall issues) by taking the appropriate actions (e.g. rebooting servers, deploying new instances, moving components to stand-by instances), as long as they are not automatically solved be the MT. Whenever necessary, FLS will reach out to Second Level Support (= “SLS”) and either gather the needed information or instructions or forward the issue to SLS. Second Level Support: Second Level support (“SLS”) will be contacted by first level support only and is available during normal office hours of Make.TV (Mo.-Fr. 9 AM to 6 pm, CET). For special occasions (e.g. event support), 24/7 availability is available upon request. VIII Update Strategy Make.TV INC. will use best efforts to deploy any software updates or upgrades in a way that does not influence the availability or functionality of the MT in general. Whenever possible, Make.TV INC. will await streams/broadcasts to be terminated or move them to different servers before updating or upgrading machines. This will, however, not always be possible (e.g. due to technical limitations, urgency or other reasons). In that case, Make.TV INC. will try to announce updates/upgrades prior to deployment whenever possible. While responsibility for testing and approval always remains with Make.TV, Make.TV offers access to its “PREVIEW” environment. This test infrastructure is the last step before any code is deployed to live, thus giving the client the ability to experience new features and changes prior to their deployment on live. IX SLA Exclusions The Service Commitment does not apply to any unavailability, suspension or termination of MT or MT performance issues: (i) that are caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Make.TV; (ii) that result from any actions or inactions of you or any third party; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from any maintenance announced prior it the unavailability. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.