F.y.e Retention device

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1 f.y.e. reserves the right to exclude certain merchandise from participation in the f.y.e. Backstage Pass VIP program. Gift cards, gift coins, phone cards, tickets, iPod units and video game hardware are excluded. Institutional account holders are not eligible for the f.y.e. Backstage Pass VIP program. The f.y.e. Backstage Pass VIP membership card is not a charge card. 2 CASH BACK REWARDS –(a) Cash rewards for Club members (“Cash Rewards”) are eligible for purchases made online in accordance with this section. To qualify for such Cash Rewards, you must access the participating merchants’ Web sites through the designated links on the Club’s Web site, and pay for your online purchase using the credit or debit card you registered with the Club. Purchases you make by going directly to a participating merchant’s Web site do not qualify for Cash Rewards. (b) A participating merchant’s Cash Rewards are subject to change at any time without prior notice. (c) Gift card purchases are not eligible for Cash Rewards for certain participating merchants. (d) Certain participating merchants may not accept all types of credit or debit cards, may have blackout periods, days, or hours when Cash Rewards are not offered, may limit the number and/or amounts of Cash Rewards, may require a minimum purchase for a Cash Reward, or may not offer Cash Rewards on certain types of transactions (e.g., the purchase of gift certificates). Cash Rewards will not be available where they are restricted or prohibited by law (e.g., gambling or discounts on alcohol or tobacco). (e) If your eligible purchase is made with a credit card registered with the Club, your Cash Rewards will be automatically credited to the account associated with such credit card within one to two billing periods following your purchase. If your eligible purchase is made with a debit card registered with the Club, your Cash Rewards will be automatically deposited in the bank account associated with such debit card no later than your receipt of your second bank statement relating to such account following your purchase. (f) Cash Rewards credited to a credit card account will be treated as a participating merchant credit reducing your outstanding balance on the credit card associated with such account, but will not qualify as a payment towards the required minimum monthly payment for such credit card, if any. (g) You must be a member of the Club at the time of purchase to receive Cash Rewards. (h) Cash Rewards are not applicable to returned items. 3 a) Trilegiant Corporation will endeavor to mail gift cards/gift certificates within 7-10 business days of the Member’s request. b) Gift cards/gift certificates will be mailed only to the address on the Member’s account. Gift cards/gift certificates will not be personalized, are transferable and may be redeemed by any person. c) Gift cards/gift certificates must be presented to the participating merchant partner for use. Trilegiant Corporation makes no guarantees, warranties or representations of any kind, expressed or implied, with respect to the goods or services offered by any participating merchant; and shall not be liable for any loss, expense, accident, injury or inconvenience that may arise in connection with the use of such benefits; or as a result of any defect in or failure of these benefits. Trilegiant Corporation specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Taxes are the responsibility of the Member. d) Trilegiant Corporation may change or terminate participating merchants, withdraw, limit, modify or cancel any gift card/gift certificate. Gift card/gift certificate date of issuance refers to the date purchased by Trilegiant Corporation. e) Mechanical reproductions, copies or facsimiles of gift cards/gift certificates will not be accepted. Additional terms and conditions appearing on the gift cards/gift certificates are to be interpreted in accordance with, and are incorporated into, these Terms and Conditions. Gift cards/gift certificates are not exchangeable, refundable, transferable or redeemable for cash. f) Lost, stolen, destroyed or expired gift cards/gift certificates will not be reissued or replaced. Trilegiant Corporation is not responsible for shipments or correspondence lost or delayed due to U.S. Mail delivery. g) All gift card/gift certificate orders are final. 4 Printed online coupons may be required at some locations. Offer is not transferable and is valid once per visit. Offer not valid with any other special or promotion. Some offers may exclude gift certificates, alcohol, tax, and gratuity. 5 Members receive preferred rates by purchasing their tickets in advance. Save 30% - 35% at great theatres such as participating properties of AMC, Carmike, Cinemark, and Regal. Order online and tickets will be received within 10 days. Shipping: 5-49 tickets $.50 per item; 50 or more $.30 per item. Log on to www.fyevip.com to access movie ticket discounts. There is a minimum purchase of 5 tickets. 6 Hotel Savings Network Non-Discounted rates are the highest rates offered based on inventory and availability. Rates vary by chain. Advance reservation required. Blackout dates and other restrictions may apply. Non-Discounted rates do not apply to rates with specific booking requirements or restrictions, such as, but not limited to, advance purchase and/or booking requirements and length of stay requirements. Non- Discounted rates do not include taxes, gratuities, or any additional resort or guest charges or fees that may apply and do not apply to packaged rates sold as part of a travel package or accommodation rates sold with value-added amenities. Non- Discounted rates do not apply to any rates from opaque providers. An opaque provider is any entity or service that prevents the buyer from obtaining information relating to available hotel rooms until after the buyer has guaranteed payment. 7 THE Hotel Card/Hotel Access members save up to 50% off the regular rack rate at participating hotels. The rack rate is the hotel’s standard non-discounted room rate. The discount does not apply to special rates. To receive up to 50% off the regular rack rate, call the hotel for their availability, using only the phone number in the printed directory. Subject to Availability: Participating hotels offer up to a 50% discount subject to projected occupancy. The hotels may not allow the discount once they have reached a certain level of occupancy. For most hotels, this occurs when they are projected to be at 80% full. Restrictions: Additional restrictions may apply and vary by season and hotel location. Please see individual listing for details. For more details, call the hotel directly. Minimum Charge: There is a $25 minimum room charge per night. For example, if the rack rate were $40, the member would pay $25, rather than $20. 8 All rights reserved. Use of the Concierge program constitutes acceptance of VIPdesk’s Terms of Use and Privacy Policy. Copyright © 1998-2010 VIPdesk. The comments and recommendations provided are based on research and opinions collected by VIPdesk and are subject to change at any time. See the Terms of Use and Privacy Policy at http://www.vipdesk.com/info/tou_and_privacy.asp for further information. 9 f.y.e. Backstage Pass VIP monitors your personal information and up to ten registered credit/debit cards on the Internet, based on an extensive search of Internet chat rooms; however, it is impossible to ensure that all Internet chat rooms have been searched for your personal information. Accordingly, your alerts may not contain or apprise you of all of your personal information that may have been compromised. f.y.e. Backstage Pass VIP is a service provided by Trilegiant Corporation, which may modify or improve any part of the service at any time and without prior notice. f.y.e. Backstage Pass VIP is a service mark of Trans World New York, LLC. Access ® and are registered trademarks of Access Development. © 2008, Trilegiant Corporation © 2010 Access Development Buy Two Used CDs, DVDs, Blu-Rays or Video Games and Get One Free On Your Next In-Store Purchase. Present this coupon to the cashier at the time of purchase with your Backstage Pass VIP card. This coupon is valid for one (1) free Used CD, DVD, Blu-Ray or Video game when two (2) other Used items of greater or equal value are purchased. Mix and match, lowest priced item is free. Not valid with any other offer or on prior purchases. Coupon is one time use only, limit one coupon per transaction. Photocopies or other mechanical reproductions of this coupon will not be accepted. Cannot be combined with any other offer. This coupon is not redeemable for cash. No variance from these terms and conditions will be allowed except in those states where legally required. Coupon Code: VIP2 Expires 00/00/00 Take $ 10 Off When You Spend $ 65 or More On Your Next In-Store Purchase. Present this coupon to the cashier at the time of purchase with your Backstage Pass VIP card. With this coupon you will receive $10 Off your purchase of $65 or more in eligible items. This coupon is not valid towards the purchase of special orders, gift cards, pre-paid phone cards, tickets, iPods, Video Game Hardware or Software. Not valid with any other offer or on prior purchases. Coupon is one time use only, limit one coupon per transaction. Photocopies or other mechanical reproductions of this coupon will not be accepted. Cannot be combined with any other offer. This coupon is not redeemable for cash. No variance from these terms and conditions will be allowed except in those states where legally required. Coupon Code: VIP5 Expires 00/00/00 % 15 Take 30% Off Any One Used CD or DVD or Blu-Ray On Your Next In-Store Purchase. Present this coupon to the cashier at the time of purchase with your Backstage Pass VIP card. Coupon is only valid towards the purchase of one (1) Used CD, DVD or Blu-Ray. Not valid with any other offer or on prior purchases. Coupon is one time use only, limit one coupon per transaction. Photocopies or other mechanical reproductions of this coupon will not be accepted. Cannot be combined with any other offer. This coupon is not redeemable for cash. No variance from these terms and conditions will be allowed except in those states where legally required. Coupon Code: VIP4 Expires 00/00/00 Take $ 5 Off When You Spend $ 35 or More On Your Next In-Store Purchase. Present this coupon to the cashier at the time of purchase with your Backstage Pass VIP card. With this coupon you will receive $5 Off your purchase of $35 or more in eligible items. This coupon is not valid towards the purchase of special orders, gift cards, pre-paid phone cards, tickets, iPods, Video Game Hardware or Software. Not valid with any other offer or on prior purchases. Coupon is one time use only, limit one coupon per transaction. Photocopies or other mechanical reproductions of this coupon will not be accepted. Cannot be combined with any other offer. This coupon is not redeemable for cash. No variance from these terms and conditions will be allowed except in those states where legally required. Coupon Code: VIP3 Expires 00/00/00

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Transcript of F.y.e Retention device

Page 1: F.y.e Retention device

1 f.y.e. reserves the right to exclude certain merchandise from participation in the f.y.e.Backstage Pass VIP program. Gift cards, gift coins, phone cards, tickets, iPod units andvideo game hardware are excluded.Institutional account holders are not eligible for the f.y.e. Backstage Pass VIP program.The f.y.e. Backstage Pass VIP membership card is not a charge card.2 CASH BACK REWARDS – (a) Cash rewards for Club members (“Cash Rewards”) areeligible for purchases made online in accordance with this section. To qualify for suchCash Rewards, you must access the participating merchants’ Web sites through thedesignated links on the Club’s Web site, and pay for your online purchase using thecredit or debit card you registered with the Club. Purchases you make by going directlyto a participating merchant’s Web site do not qualify for Cash Rewards. (b) Aparticipating merchant’s Cash Rewards are subject to change at any time without priornotice. (c) Gift card purchases are not eligible for Cash Rewards for certain participatingmerchants. (d) Certain participating merchants may not accept all types of credit ordebit cards, may have blackout periods, days, or hours when Cash Rewards are notoffered, may limit the number and/or amounts of Cash Rewards, may require aminimum purchase for a Cash Reward, or may not offer Cash Rewards on certain typesof transactions (e.g., the purchase of gift certificates). Cash Rewards will not beavailable where they are restricted or prohibited by law (e.g., gambling or discounts onalcohol or tobacco). (e) If your eligible purchase is made with a credit card registeredwith the Club, your Cash Rewards will be automatically credited to the accountassociated with such credit card within one to two billing periods following yourpurchase. If your eligible purchase is made with a debit card registered with the Club,your Cash Rewards will be automatically deposited in the bank account associated withsuch debit card no later than your receipt of your second bank statement relating tosuch account following your purchase. (f) Cash Rewards credited to a credit cardaccount will be treated as a participating merchant credit reducing your outstandingbalance on the credit card associated with such account, but will not qualify as apayment towards the required minimum monthly payment for such credit card, if any.(g) You must be a member of the Club at the time of purchase to receive Cash Rewards.(h) Cash Rewards are not applicable to returned items.3 a) Trilegiant Corporation will endeavor to mail gift cards/gift certificates within 7-10business days of the Member’s request.b) Gift cards/gift certificates will be mailed only to the address on the Member’saccount. Gift cards/gift certificates will not be personalized, are transferable and may beredeemed by any person.c) Gift cards/gift certificates must be presented to the participating merchant partner foruse. Trilegiant Corporation makes no guarantees, warranties or representations of anykind, expressed or implied, with respect to the goods or services offered by anyparticipating merchant; and shall not be liable for any loss, expense, accident, injury orinconvenience that may arise in connection with the use of such benefits; or as a resultof any defect in or failure of these benefits. Trilegiant Corporation specifically disclaimsany implied warranties of merchantability or fitness for a particular purpose. Taxes arethe responsibility of the Member.d) Trilegiant Corporation may change or terminate participating merchants, withdraw,limit, modify or cancel any gift card/gift certificate. Gift card/gift certificate date ofissuance refers to the date purchased by Trilegiant Corporation.e) Mechanical reproductions, copies or facsimiles of gift cards/gift certificates will not beaccepted. Additional terms and conditions appearing on the gift cards/gift certificatesare to be interpreted in accordance with, and are incorporated into, these Terms andConditions. Gift cards/gift certificates are not exchangeable, refundable, transferable orredeemable for cash.

f) Lost, stolen, destroyed or expired gift cards/gift certificates will not be reissued orreplaced. Trilegiant Corporation is not responsible for shipments or correspondence lostor delayed due to U.S. Mail delivery.g) All gift card/gift certificate orders are final.4 Printed online coupons may be required at some locations. Offer is not transferableand is valid once per visit. Offer not valid with any other special or promotion. Someoffers may exclude gift certificates, alcohol, tax, and gratuity.5 Members receive preferred rates by purchasing their tickets in advance. Save 30% -35% at great theatres such as participating properties of AMC, Carmike, Cinemark, andRegal. Order online and tickets will be received within 10 days. Shipping: 5-49 tickets$.50 per item; 50 or more $.30 per item. Log on to www.fyevip.com to access movieticket discounts. There is a minimum purchase of 5 tickets.6 Hotel Savings Network Non-Discounted rates are the highest rates offered basedon inventory and availability. Rates vary by chain. Advance reservation required.Blackout dates and other restrictions may apply. Non-Discounted rates do not apply torates with specific booking requirements or restrictions, such as, but not limited to,advance purchase and/or booking requirements and length of stay requirements. Non-Discounted rates do not include taxes, gratuities, or any additional resort or guestcharges or fees that may apply and do not apply to packaged rates sold as part of atravel package or accommodation rates sold with value-added amenities. Non-Discounted rates do not apply to any rates from opaque providers. An opaque provideris any entity or service that prevents the buyer from obtaining information relating toavailable hotel rooms until after the buyer has guaranteed payment.7 THE Hotel Card/Hotel Access members save up to 50% off the regular rack rate atparticipating hotels. The rack rate is the hotel’s standard non-discounted room rate. Thediscount does not apply to special rates. To receive up to 50% off the regular rack rate,call the hotel for their availability, using only the phone number in the printed directory.Subject to Availability: Participating hotels offer up to a 50% discount subject toprojected occupancy. The hotels may not allow the discount once they have reached acertain level of occupancy. For most hotels, this occurs when they are projected to be at80% full. Restrictions: Additional restrictions may apply and vary by season and hotellocation. Please see individual listing for details. For more details, call the hotel directly.Minimum Charge: There is a $25 minimum room charge per night. For example, ifthe rack rate were $40, the member would pay $25, rather than $20.8 All rights reserved. Use of the Concierge program constitutes acceptance of VIPdesk’s Terms of Use and Privacy Policy. Copyright © 1998-2010 VIPdesk. The comments and recommendations provided are based on research and opinions collected by VIPdesk and are subject to change at any time. See the Termsof Use and Privacy Policy at http://www.vipdesk.com/info/tou_and_privacy.asp for further information.9 f.y.e. Backstage Pass VIP monitors your personal information and up to ten registeredcredit/debit cards on the Internet, based on an extensive search of Internet chat rooms;however, it is impossible to ensure that all Internet chat rooms have been searched foryour personal information. Accordingly, your alerts may not contain or apprise you of allof your personal information that may have been compromised. f.y.e. Backstage Pass VIP is a service provided by Trilegiant Corporation, which maymodify or improve any part of the service at any time and without prior notice. f.y.e.Backstage Pass VIP is a service mark of Trans World New York, LLC.Access® and are registered trademarks of Access Development. © 2008, Trilegiant Corporation© 2010 Access Development

Buy Two Used CDs, DVDs, Blu-Raysor Video Games and Get One FreeOn Your Next In-Store Purchase. Present this coupon to the cashier at the time of purchase with your Backstage Pass VIP card. This coupon is valid for one (1) free Used CD, DVD,Blu-Ray or Video game when two (2) other Used items of greater or equalvalue are purchased. Mix and match, lowest priced item is free. Not valid withany other offer or on prior purchases. Coupon is one time use only, limit onecoupon per transaction. Photocopies or other mechanical reproductions ofthis coupon will not be accepted. Cannot be combined with any other offer.This coupon is not redeemable for cash. No variance from these terms andconditions will be allowed except in those states where legally required. Coupon Code: VIP2 Expires 00/00/00

Take $10 Off When You Spend $65 or More On Your Next In-Store Purchase. Present this coupon to the cashier at the time of purchase with your Backstage Pass VIP card. With this coupon you will receive $10 Off your purchase of $65 or more in eligible items. This coupon is not valid towards thepurchase of special orders, gift cards, pre-paid phone cards, tickets, iPods,Video Game Hardware or Software. Not valid with any other offer or on priorpurchases. Coupon is one time use only, limit one coupon per transaction.Photocopies or other mechanical reproductions of this coupon will not be accepted. Cannot be combined with any other offer. This coupon is not redeemable for cash. No variance from these terms and conditions will be allowed except in those states where legally required.Coupon Code: VIP5 Expires 00/00/00

%15

Take 30% Off Any One Used CD or DVD or Blu-RayOn Your Next In-Store Purchase. Present this coupon to the cashier at the time of purchase with your Backstage Pass VIP card. Coupon is only valid towards the purchase ofone (1) Used CD, DVD or Blu-Ray. Not valid with any other offer or on priorpurchases. Coupon is one time use only, limit one coupon per transaction.Photocopies or other mechanical reproductions of this coupon will not beaccepted. Cannot be combined with any other offer. This coupon is not redeemable for cash. No variance from these terms and conditions will beallowed except in those states where legally required.

Coupon Code: VIP4 Expires 00/00/00

Take $5 Off When You Spend $35 or MoreOn Your Next In-Store Purchase. Present this coupon to the cashier at the time of purchase with your Backstage Pass VIP card. With this coupon you will receive $5 Off your purchase of $35 or more in eligible items. This coupon is not valid towards thepurchase of special orders, gift cards, pre-paid phone cards, tickets, iPods,Video Game Hardware or Software. Not valid with any other offer or on priorpurchases. Coupon is one time use only, limit one coupon per transaction.Photocopies or other mechanical reproductions of this coupon will not be accepted. Cannot be combined with any other offer. This coupon is not redeemable for cash. No variance from these terms and conditions will beallowed except in those states where legally required.Coupon Code: VIP3 Expires 00/00/00

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GFYEXXXXXX

REGISTER INSTRUCTIONS:

1. Scan the two highest priced used items

2. Scan the lowest price used item

3. Press F3Modify Price Menu

4. Press F1 – Trans $ Discount

5. Highlight TWEC Coupon $

6. Enter discount amount (price of the

lowest used item)

7. Enter Coupon Code: VIP5

GFYEXXXXXX

REGISTER INSTRUCTIONS:

1. Scan all items into the transaction

2. Press F3Modify Price Menu

3. Press F1 – Trans $ Discount$

4. Highlight TWEC Coupon %

5. Enter discount amount $5

6. Enter Coupon Code: VIP3

GFYEXXXXXX

REGISTER INSTRUCTIONS:

1. Scan all items into the transaction

2. Press F3Modify Price Menu

3. Press F1 – Trans $ Discount

4. Highlight TWEC Coupon $

5. Enter discount amount $10

6. Enter Coupon Code: VIP2

GFYEXXXXXX

REGISTER INSTRUCTIONS:

1. Scan Used item to be discounted

2. Press F3Modify Price Menu

3. Press F1 – Trans % Discount

4. Highlight TWEC Coupon %

5. Enter discount amount 30

6. Enter Coupon Code: VIP4

f.y.e. BACKSTAGE PASS VIP TERMS AND CONDITIONS: This agreement (“Agreement”) is made betweenTrilegiant Corporation (“Trilegiant”), a Delaware corporation with offices at 6 High Ridge Park, Stamford,Connecticut 06905, providing a membership program called f.y.e. Backstage Pass VIP (the “Program”), andthe purchaser of the f.y.e. Backstage Pass VIP membership (referred to herein as “you”). By enrolling in theProgram, you agree to be bound by the terms of this Agreement.WITNESSETH:1. SERVICE – (a) The services and benefits which Trilegiant shall provide to you during the term of yourProgram membership shall include the following: (i) a discount travel service that shall provide a toll-freereservations number, documents necessary for you to obtain travel services which you have ordered throughthe Program (subject to the cancellation and refund policies of the providers of travel services, upon receipt ofyour request to cancel a reservation for travel services you placed through the Program, Trilegiant shall use itsbest efforts to obtain from such provider a refund of any amount you paid for such reservation, less anyapplicable cancellation fees or penalties), and a concierge service to assist you with shopping, entertainment,sports, and recreation needs*; (ii) a dining and leisure activities discount service through which Trilegiant shallact as your agent for the purpose of securing discounts for dining at participating restaurants and discounts forleisure activities at participating attractions (where prohibited by law, discounts for alcoholic beverages areexcluded); (iii) access to daily monitoring of Internet chat rooms for up to ten of your credit/debit cards registeredwith f.y.e. Backstage Pass VIP (the "Card Monitoring Benefit"); and (iv) 10% off on certain f.y.e. purchases atany of the f.y.e. participating stores (even if the eligible item is already on sale at a discount) and 20% off oncertain in-store purchases at any of the f.y.e. participating stores made on your birthday (as indicated by yourdriver’s license or other documentation acceptable to f.y.e.), as well as e-mails of upcoming merchandisereleases and exclusive offers.** Additional terms are contained in your User's Guide and are incorporated hereinby a reference. As a Program member, you have access to a toll-free number, 1-877-351-2131, that willassist you in using the services described above. (b) Trilegiant shall not be deemed a merchant, vendor, orsupplier of any product or service provided to you through the Program. (c) Trilegiant reserves the right tochange the terms and conditions of this Agreement at any time and without notice. Trilegiant may terminatethis Agreement upon written notice and refund of the current term’s membership fee unless the reason forsuch termination is your failure to pay or your misuse of the Program.2. CASH BACK REWARDS – (a) Cash rewards for Program members (“Cash Rewards”) are eligible forpurchases made online in accordance with this section. To qualify for such Cash Rewards, you must accessthe participating merchants’ Web sites through the designated links on the Program’s Web site, and pay foryour online purchase using the credit or debit card you registered with the Program. Purchases you make bygoing directly to a participating merchant’s Web site do not qualify for Cash Rewards. (b) A participatingmerchant’s Cash Rewards are subject to change at any time without prior notice. (c) Gift card purchases arenot eligible for Cash Rewards for certain participating merchants. (d) Certain participating merchants may notaccept all types of credit or debit cards, may have blackout periods, days, or hours when Cash Rewards arenot offered, may limit the number and/or amounts of Cash Rewards, may require a minimum purchase for aCash Reward, or may not offer Cash Rewards on certain types of transactions (e.g., the purchase of giftcertificates). Cash Rewards will not be available where they are restricted or prohibited by law (e.g., gamblingor discounts on alcohol or tobacco). (e) If your eligible purchase is made with a credit card registered with theProgram, your Cash Rewards will be automatically credited to the account associated with such credit cardwithin one to two billing periods following your purchase. If your eligible purchase is made with a debit cardregistered with the Program, your Cash Rewards will be automatically deposited in the bank account associatedwith such debit card no later than your receipt of your second bank statement relating to such account followingyour purchase. (f) Cash Rewards credited to a credit card account will be treated as a participating merchantcredit reducing your outstanding balance on the credit card associated with such account, but will not qualifyas a payment towards the required minimum monthly payment for such credit card, if any. (g) You must be amember of the Program at the time of purchase to receive Cash Rewards. (h) Cash Rewards are not applicableto returned items.3. WHO MAY USE – You agree that you will use the Program’s services only for your own behalf and for themembers of your immediate family residing in your household. You will be responsible for all use of yourmembership number and must notify Trilegiant immediately of any unauthorized use of your membershipnumber, or the theft or misplacement of your membership number. 4. LIABILITY – (a) TRILEGIANT AND ITS AFFILIATES SHALL HAVE NO LIABILITY TO YOU AS A SELLER OFANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVEPRODUCTS, PROVIDED TO YOU THROUGH THE PROGRAM. NEITHER TRILEGIANT NOR ANY OF ITSAFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS ORSERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU IN CONNECTION WITH THEPROGRAM, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE. NEITHER TRILEGIANT NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES,DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OFTHE SERVICES DESCRIBED HEREIN OR YOUR REQUEST, USE OR ATTEMPTED USE OF SUCH SERVICES.IN NO EVENT SHALL TRILEGIANT’S AND ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU EXCEED THEAMOUNT OF THE PROGRAM MEMBERSHIP FEE PAID BY YOU TO TRILEGIANT. TRILEGIANT SHALL HAVENO LIABILITY FOR ANY DELAY OR FAILURE IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE BEYONDTRILEGIANT’S CONTROL, INCLUDING DELAY DUE TO UNION DISPUTES OR FACTORY PRODUCTIONSCHEDULES. THE PROGRAM IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELPYOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. (b) You agree that any claim with regard to services or products shall be made against the Vendor (as definedbelow) of such services or products, as applicable, and not Trilegiant. Trilegiant’s sole obligation hereunder shall

be to forward to the applicable Vendor all payments for services or products ordered, and to forward to you allnecessary travel documents.(c) Trilegiant and its affiliates assume no responsibility or liability in connection with the service of any train,vessel, carriage, aircraft, motor vehicle, or other conveyance (collectively, “Vehicle”) which may be used, eitherwholly or in part, in connection with the services ordered, nor will any of them be responsible for any act, error,or omission, or for any injury, loss, accident, delay, or irregularity, which may be occasioned by reason of anydefect in any Vehicle, or through the neglect of any person engaged in carrying out the purpose for whichtickets or coupons are issued including, but not limited to, tour guides, vehicle operators, and hotel administrationand staff. Trilegiant and its affiliates shall have no liability in the event any itinerary or arrangements are alteredby a Vendor. Any information provided by Trilegiant to you is subject to change without notice. All servicesordered are subject to the availability of such services from the applicable Vendor.(d) Trilegiant reserves the right to eliminate merchants, vendors, or suppliers (collectively, “Vendors”) asparticipants in the Program. Program members can locate participating Vendors online at www.fyevip.com. Trilegiant is not responsible for any refund to you due to Vendor closure, discontinuance as a participant in theProgram, or restrictions in the event their products or services are no longer available to you.(e) The terms of this Section 4 shall survive any termination, cancellation or expiration of this Agreement.5. GOVERNING LAW; ARBITRATION – This Agreement, and the respective rights and obligations of the partieshereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. Ifthere is a dispute between you and Trilegiant, either of us may elect to have it resolved by proceeding in smallclaims court or by final and binding arbitration administered by the American Arbitration Association under itsrules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, andnot on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOTHAVE ACCESS TO A COURT OR JURY. The terms of this Section 5 shall survive any termination, cancellationor expiration of this Agreement.6. MEMBERSHIP FEE – For your convenience, at the end of your one-month free trial period, you authorizeTrilegiant, as servicer for f.y.e., to bill the monthly membership fee of $11.99, or then-current membershipfee, automatically to your credit or debit card (or to the related checking account) (in each case, designatedthe billing source), selected at the time of enrollment, unless you call to cancel during your trial. 7. RENEWALS – Unless you notify Trilegiant that you do not wish to renew your membership, you authorizeTrilegiant, as servicer for f.y.e., to automatically renew your membership at the end of each month and bill thethen-current renewal fee to your designated billing source.8. RIGHT TO CANCEL MEMBERSHIP – (a) You have the right to cancel this Agreement at any time. You maycancel this Agreement by calling 1-877-351-2131 or writing to: f.y.e. Backstage Pass VIP, P.O. Box 41248,Nashville, TN 37204, Attention: Membership Department. Cancel this Agreement during your 30-day trial, andyou will owe nothing more; at any time thereafter you will owe nothing further. You will remain liable for anyother fees, purchases or charges to be paid pursuant to this Agreement. (b) If Trilegiant, as servicer for f.y.e.,determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant,as servicer for f.y.e., shall have the right to terminate this Agreement in which event you will no longer haveaccess to any of the Program benefits. In addition to Trilegiant’s termination rights set forth above, Trilegiant, asservicer for f.y.e., may elect in its sole discretion to keep this Agreement in effect, but suspend your access toall of the Program benefits until such time (if any) as Trilegiant, as servicer for f.y.e., is able to bill the membershipfee due hereunder to your designated billing source.*All rights reserved. Use of the Concierge program constitutes acceptance of VIPdesk’s Terms of Use andPrivacy Policy. Copyright © 1998-2010 VIPdesk. The comments and recommendations provided are basedon research and opinions collected by VIPdesk and are subject to change at any time. See the Terms of Useand Privacy Policy at http://www.vipdesk.com/info/tou_and_privacy.asp for further information.** f.y.e. reserves the right to exclude certain merchandise from participation in the f.y.e. Backstage Pass VIPprogram. Gift cards, gift coins, phone cards, tickets, iPod units and video game hardware are excluded. Institutional account holders are not eligible for the f.y.e. Backstage Pass VIP club. The f.y.e. Backstage Pass VIP membership card is not a charge card.f.y.e. Backstage Pass VIP is a service provided by Trilegiant Corporation, which may modify or improve anypart of the service at any time and without prior notice. Travel services are provided by Travelers AdvantageServices, Inc. State Seller of Travel Registration Numbers for Travelers Advantage Services, Inc.: California2079291-50 (Registration as a seller of travel does not constitute approval by California. Travelers AdvantageServices, Inc. is not a participant in the Travel Consumer Restitution Fund.); Florida ST36652; Hawaii TAR-6223; Iowa 800; Nevada: 2005-0034; State of Washington 602 493 651. f.y.e. Backstage Pass VIP is a registered service mark ofTrans World New York, LLC.The federal Fair Credit Billing Act gives you the right to dispute billing errors, such as unauthorized charges, onyour credit card by notifying your credit card company in writing within 60 days after the first bill containing theerror was sent to you. The credit card company must resolve the dispute within two billing cycles (not to exceed90 days) after receiving your notification. You may withhold payment on the disputed amount (and relatedcharges) during the investigation. You must pay the amount not in dispute. You will be informed in writingwhether your bill is correct or contains an error. If your bill contains an error, it will be corrected. Your liability forunauthorized charges is limited to $50 per credit card. You are not required to enroll in f.y.e. Backstage PassVIP to maintain your credit card.

Access® and are registered trademarks of Access Development. © 2008, Trilegiant Corporation© 2010 Access Development

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Go towww.fyevip.com

Be sure to take advantage of all your savings!

As an exclusive f.y.e. Backstage Pass VIP member, yoursavings will add up quickly. Go to www.fyevip.com to take advantage of your incredible savings.

We can even rush offers to you! Just be sure to provide your e-mail address. It’s that easy.

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This gift card is yours to claim after two months of active membership — withour thanks. See the Business Reply Card to the right for more details on how toreceive your gift card.

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An f.y.e. VIP has big savings benefits—check inside!In addition to your regular discounts, you’ll also get:30% off a used CD, DVD, or Blu-Ray with the enclosed coupon! $5 off any in-store purchase of $35 or more using the coupon inside!$20 f.y.e. Gift Card after two months of being an active member

Your first month is free and currently just $11.99 a month after that. Cancel anytime.

$20 f.y.e. Gift Cardafter two months of active membership.

Get 10% Offf.y.e. purchases every day.

Over $50 additional savings inside.

Plus, Over 200,000 Ways to Save Even More!

Your ‘All-Access’ Benefits Include:• 10% Off Every Day on f.y.e. Purchases1

• $20 f.y.e. Gift Card after two months of active membership2

• 20% Off on Your Birthday1

• Dine and Save at More than 40,000 Participating Restaurants4

• Great Deals on Hotels, Car Rentals, and Vacation Packages

PLUS: Save over 15% instantly on Movie Tickets5

Check out all your savings online at www.fyevip.com

*20% off on your birthday†Based on an assumed 15% savings on Dining, Shopping, Recreation/Sporting, and Automotive categories, and an assumed 30% savings formovie category (f.y.e. savings are calculated at 10%). Actual savings will depend upon the retailer and the particular offer.Please allow two to three business days from your date of purchase for your membership to be active online. 1, 2, 4, 5 See terms & conditions for details.

Log on to

www.fyevip.comand check out your benefits. Details inside.

Restaurant.com Savings: 30% discount on alreadydiscounted gift cards to fine and family-owned restaurantsright in your neighborhood.

Dining Access: 10% to 50% discount at over 40,000participating restaurants across the country or in yourneighborhood.4 Just go online and print out your coupons.

If your family spends this monthly

f.y.e. Discounts

You can save $25...$50...$75...up to $150.00 every month!StartSavingToday!

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Deals Every Day: Save 10% every day on f.y.e. purchases.Birthday Special: Save 20% on your birthday!1

Cash Back Rewards: Save $100... $200... $300 or more on your designatedcredit/debit card account. Just register your credit or debit card atwww.fyeVIP.com, then shop on our secure Web site. You’ll receive cashback – automatically to that card.2

Gift Card Savings: Save 5% to 15% off brand name gift cards’ face valuefrom participating retailers3 like Macys, Lands’ End, 1-800flowers.com,Applebees, and more! Call 1-XXX-XXX-XXXX, press X, and order asmany discounted gift cards as you want.3

Retailer Coupons, Car Care Discounts: Save hundreds on things you want everything from your favorite retailers to car care services.

1,2,3,4 See terms and conditions for details.

Dining Access® is a registered trademark of Access Development.

You cansave$150.00every month

up to

Discounts on dining across the country or in your neighborhood

Save again and again every day of the week

10%* off f.y.e. merchandise $100.00 $10.0010% to 50% off dining $100.00 $30.00Up to 20% off shopping $200.00 $40.0030% to 35% off movies $80.00 $24.0010% to 50% off recreation $100.00 $30.0010% to 50% off automotive $60.00 $18.00

This is whatyou’ll save!

$150.00†

Shopping Savings

Restaurant Discounts

AND...Don’t forget to log on so you can save up to 20%at participating retailers like these and hundreds more:

SM

®

T h e m e P a r k s

(-$11.99 montly membership fee)

Go towww.fyevip.com

Be sure to take advantage of all your savings!

See inside for details!

Your total monthly savings can add up to over

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VIP Savings Just For YouYour Open and Honest communication: Your f.y.e. Backstage Pass VIP benefits are free for the firstmonth and then currently just $11.99 a month after that! Yoursavings include 10% off f.y.e. purchases every day, and 20%off on your birthday. Your satisfaction is guaranteed and youmay cancel at any time by calling 1-877-351-2131.

Your trial period will begin when your account is activated, which will take two to three business days from the date of purchase.

Go towww.fyevip.com

Enjoy big savings all year long.

Sporting Events, Concerts, and More: 10% to 50% off amusement parks, bowling, miniature golf, hot air balloon rides, white water rafting, museums, and so much more.

Instant Movie Discounts: Over 15% off automatically on first-run movies with a $25 purchase.

Movie Access: 10% to 50% offmovie passes purchased in advance at participating theatres!5 And save on movie rentals too!

5, 7See terms and conditions for details. Hotel Savings Network is a registered service mark of Affinion Publishing, LLC.

Hotel Access is a registered trademark of Access Development.

Movie Access® is a registered trademark ofAccess Development.

Go towww.fyevip.com

Get incredible deals at your favorite stores again and again!

Your Personal Assistant: Coordinates everyday tasks like cardetailing, dry cleaning, or finding gifts for loved ones.8 Alsomakes reservations for entertainment, dining, road trips – oranything that makes your life easier.

Simply call 1-877-351-2131, press 2, then choose from thousandsof vendors worldwide! Our professionals will take care of all thedetails – so you can free up some time in your busy schedule!

Credit Card Monitoring: Immediately alerts you to identitytheft if one of your 10 registered credit or debit cards arefound for sale by identity thieves in Internet chat rooms.9

3, 8 See terms and conditions for details.

Entertainment Deals Save instantly on movies and more for the whole family

Discounts on vacations, staycations, and fun occasions! Hotel Savings Network: 5% to 10% savings on the non-discountedroom rate at more than 10,000 participating hotels in the Hotel SavingsNetwork®6 — close to home or across the country. Stay in fine hotels forless with THE Hotel CardSM honored at over 5,000 participating BestWestern®, Hilton®, Radisson®, and many other fine hotels.7

Car Rental Deals: 10% to 15% off car and truck rentals from the bestnames in the business, like Avis, Budget, and Dollar!Vacation Packages: Significant savings on destination packages likeCancun, Florida, the Caribbean, and Hawaii.

Travel Savings

Your Personal Assistant Balance a busy life

Identity Theft Protection Get peace of mind 24/7

Go to www.fyeVIP.com to get even more VIP Instant Savings!

More deals waiting just for you—Look inside.

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