Jane Partner Referral Program Terms of Service

Program Overview: The Jane Partner Referral Program (the “Program”) is offered by Jane Technologies, Inc. (“Jane”) and provides the opportunity for eligible merchants participating in the Program to refer new merchants to Jane (“Jane Merchants”).

Program Details: Jane will provide the following rewards in the form of account credits (a “Reward”) to any Eligible Referrer who refers an Eligible Merchant in compliance with these Referral Program Terms of Service (the “Referral Terms”).

The Reward shall be three (3) months of credit for one single location (the “Credit”) toward your ecommerce services through Jane, with a maximum number of Credits equal to the lesser of (i) the Eligible Merchant’s location count or (ii) your location count. For example, (A) if you utilize Jane’s ecommerce services for one (1) location and refer an Eligible Merchant with one (1) locations, you would receive one (1) Credit; (B) if you utilize Jane’s ecommerce services for one (1) location and refer an Eligible Merchant with two (2) locations, you would receive one (1) Credit; (C) if you utilize Jane’s ecommerce services for five (5) locations and refer an Eligible Merchant with two (2) locations, you would receive two (2) Credits; and (D) if you utilize Jane’s ecommerce services for five (5) locations and refer an Eligible Merchant with ten (10) locations, you would receive five (5) Credits. In the event you earn five (5) Credits for referring Eligible Merchants, Jane will provide a sixth (6th) Credit without any additional action required on your part.

The Reward will be issued to the Eligible Referrer within sixty (60) days if all of these conditions are met:

• You refer an Eligible Merchant by submitting the referral form at iheartjane.com/business/why-jane/referral-program (a “Referral Submission”).

• The Eligible Merchant (i) executes a contract with Jane for the use of Jane’s ecommerce services and (ii) begins using such ecommerce services within nine (9) months of your Referral Submission.

• The Eligible Merchant continues to use Jane’s ecommerce services at the time the Reward is to be issued.

The Program is valid only in the United States.

Definition of an Eligible Referrer: To qualify as an “Eligible Referrer,” you must currently be using Jane’s ecommerce services to power your online menus and not currently receive Jane’s ecommerce services for free in connection with bundling such ecommerce services with other services provided by Jane. New, existing, and former Jane Merchants are prohibited from referring themselves (i.e. self-referrals not allowed), any other businesses they own, or any location that is part of a multi-location business that they themselves are a part of. Jane Merchants include the owner of the retailer, the retailer’s employees, and anyone with an employment relationship with the retailer.

Definition of an Eligible Merchant: An “Eligible Merchant” is a business that (1) is not currently a Jane Merchant; (2) is not currently in discussions with Jane regarding Jane’s ecommerce services; (3) executes a contract with Jane for the use of Jane’s ecommerce services; (4) begins using Jane’s ecommerce services within nine (9) months of your Referral Submission; and (5) is an active Jane Merchant in good standing and in compliance with Jane for sixty (60) days following onboarding onto Jane’s ecommerce services.

No Prohibited Actions: You agree not to take any action which is or may be interpreted to be detrimental to the brand, trademark or interests of Jane, including without limitation, attempting to make referrals or receive rewards in a manner inconsistent with these Referral Terms or the intent of these Referral Terms, attempting to earn rewards through illegitimate channels, participating in fraud, or tampering with Program

How to Earn Rewards: Submit your referral using the form at iheartjane.com/business/why-jane/referral-program. Jane will contact your referral using the contact information you provided for them. You may submit as many referrals as you like.

Reward Issuance: The Reward will be issued as a credit on your account. The Reward has no cash value – in the event you cancel your ecommerce subscription with Jane, or in the event you already receive a discount on your ecommerce subscription with Jane, Jane shall not issue any cash refunds in lieu of the Reward.

General Conditions: By participating in the Program, you agree to release, discharge, indemnify and hold harmless Jane, its subsidiaries and affiliates, and each of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Reward attained through this Program. You further agree not to: (a) bind, create any obligation (express or implied) or negotiate prices or other terms and conditions on Jane’s behalf (nor represent to any person, including any prospective Jane customer or Eligible Merchant, that you have authority to do so); or (b) make any claims regarding services provided by Jane. You also agree that any promotion methods that you use to promote Jane products and services to prospective Jane customers shall be in accordance with all applicable laws and regulations.

Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected referrals or Rewards or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the verification of Eligible Merchants, the tracking of referrals and Eligible Merchants, the announcement of the Rewards or in any Program-related materials.

Jane reserves the right at any time to modify, suspend or cancel the Program or the Referral Terms at any time. Any changes Jane makes will be effective immediately on notice, which it may give by posting on the Program page or updating these Referral Terms. Your participation in the Program after such notice will be deemed acceptance of such changes. You should review these Referral Terms periodically to ensure familiarity with the most current version. You will always be able to tell when the version was last updated by checking the “Effective Date” at the top of these Referral Terms. All questions or disputes regarding the Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by Jane.

Jane also reserves the right to disqualify and deregister any Eligible Referrer in the event that Jane determines that Referrer has violated any of these Referral Terms, which determination shall be final. In the event of such disqualification or deregistration, such Eligible Referrer forfeits the rights to receive, and Jane is not obligated to honor any Rewards which vest on or after the date of such effective disqualification or deregistration.

Jane Marks: You acknowledge that Jane’s names, logos, trademarks, service marks and other intellectual property (collectively, “Jane Marks”) are the exclusive property of Jane and that you do not have any proprietary rights therein. You may only use and display Jane Marks to the extent specifically designated or authorized in advance by Jane. Any marketing materials, communications and displays produced by you shall: (1) be produced at your sole cost and expense; (2) comport with reasonable standards of good taste; (3) comply with Jane’s then-current marketing and legal compliance guidelines and rules, which may be updated from time to time; and (4) comply with applicable laws. For the avoidance of doubt, all publications or public displays using Jane Marks must be reviewed and approved in advance by Jane prior to first use. All Jane Marks are and will remain the sole property of Jane. The permissions to Jane Marks are revocable by Jane at any time in Jane’s sole discretion upon ten (10) days’ notice and immediately without opportunity to cure if, in Jane’s sole discretion, you infringe or improperly use or publish any of the Jane Marks. For avoidance of doubt, all applicable federal, state and local laws and regulations apply.

WARRANTY DISCLAIMER: JANE MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES OR PRODUCTS CONTEMPLATED BY THIS AGREEMENT. JANE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE AND MERCHANTABILITY. By participating in the Program, you agree, affirm, and represent that you have read, understand and will comply with the Referral Terms.

LIMITATION OF LIABILITY: JANE’S LIABILITY FOR DIRECT DAMAGES IS LIMITED TO $500. NEITHER JANE, NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, EVEN IF JANE HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY JANE. THE PARTIES ACKNOWLEDGE AND ACCEPT THE REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION.

Personal Information: Your personal information collected in connection with this Program will be used in accordance with Jane’s Privacy Policy, available at https://www.iheartjane.com/privacy-policy/.

Governing Law and Dispute Resolution: These Referral Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising out of these Referral Terms or the Program shall be subject to the arbitration agreement and class action waiver found in Jane’s Dispensary Terms of Service, available at https://www.iheartjane.com/dispensary-terms.