Golden Tee LIVE™
Version 9/16
Page 88
© Copyright Incredible Technologies, Inc. All Rights Reserved. Unauthorized duplication is a violation of applicable law.
All other marks are the properties of their respective owners. All rights reserved.
G. Only operate TGAMES and/or UGAMES in a traditional coin-operated environment as determined solely by IT,
unless otherwise approved by IT;
H. Hold IT harmless for any losses due to theft or machine setting tampering;
I. Use its best reasonable efforts to positively promote the ITNET program; and,
J. Re-register TGAMES when any relevant information changes, including but not limited to moving the TGAME
to a new location or selling the TGAME to a new Operator. Pay all ITNet Fees incurred by a TGAME unless and
until it is either registered to the new Operator or unregistered by the current Operator.
4. TIMELY PAYMENT; REMEDIES
OPERATOR agrees to timely pay all monies due IT in the normal course of business. OPERATOR agrees that IT
may sweep OPERATOR’S bank accounts as set forth in relevant payment agreements between IT and
OPERATOR for monies due IT, including monies due for products and services purchased by OPERATOR and
not paid for by separate check or wire transfer. OPERATOR further agrees that IT shall have the right to limit the
online access of, or disable, any TGAME or UGAME owned by OPERATOR for which any payments, including
but not limited to ITNet Fees or Upgrade Payments, are not paid timely. IT agrees to promptly re-enable any
TGAME or UGAME so disabled upon the payment of all monies owed to IT by OPERATOR. Operators of
TGAMES further agree that they will pay reasonable collection costs and fees, including simple interest of One
Percent (1%) per calendar month or fraction of a calendar month on all payments more than fifteen (15) days late.
5.
TAXES.
OPERATOR agrees to pay all taxes, fees, and assessments of any kind which may be assessed by any
governmental body on the fees generated by the TGAMES and UGAMES, including, but not limited to any gross
receipts taxes. OPERATOR is not responsible for any income tax or related assessments that are directly
attributable to the business of IT.
6.
ASSIGNMENT.
Neither party to this Agreement may sell, assign, transfer, pledge, or encumber, with or without consideration, all
or any part of their interest in this Agreement without first obtaining the written consent of the other party.
7.
EXPIRATION
AND
TERMINATION.
This Agreement shall continue in force for a period of one year from the date hereof, and shall automatically
renew for successive one-year periods upon the anniversary date, and annually thereafter, unless sooner
terminated in writing. Notwithstanding the forgoing, either party may terminate this agreement immediately upon
notice to the other party.
8.
EFFECT
OF
TERMINATION.
No termination shall affect any right, liability, or obligation, which accrues prior to such termination. Additionally,
termination shall not affect either party's obligations to the other which by the nature thereof are intended to
survive any such termination, including, but not limited to, the obligations of maintaining confidentiality as well as
the obligations for payment of any outstanding monies that may be owed by one party to another and related
remedies.
9.
CONFIDENTIALITY.
Each party agrees that the trade secrets, technological information, marketing plans, game play data, location and
game revenue data, and any other confidential business information disclosed in the course of performance under
this Agreement, including the terms of this Agreement, shall be held in strict confidence and not disclosed to
anyone without the written consent of the other party. Notwithstanding the forgoing, OPERATOR may share such
financial information relating to TGAMES and/or UGAMES as OPERATOR deems appropriate with the locations
in which the TGAMES and/or UGAMES are operated, and IT may list or otherwise publish such non-financial
information regarding OPERATOR and the locations at which the TGAMES and/or UGAMES are operated on its
website(s). Furthermore, IT may disclose such information as is reasonably necessary to collect unpaid accounts
to debt collection agencies and/or its legal representatives. This provision shall survive the termination or
expiration of this agreement for a period of two years from the date thereof.
10. ITNet IMAGE/TEXT PLACEMENT.
All Operators agree that IT has the right, at its sole discretion, to include images and/or text with TGAMES, or to
push them to TGAMES through the ITNet or other suitable transmission or transfer means, which display during
the play of TGAMES and/or when TGAMES are not in use. These images and/or text may include, but are not
limited to, advertisements for IT's products and services, advertisements for the products and services of third
parties, or images and/or text of an entertaining, educational, or whimsical nature.
