Forms Packet Copyright 2013

Transcription

1 Frms Packet Cpyright 2013 TrustID Business Certificate Print nly what is needed The instructins and terms/cnditins must be read but d nt need t be printed. Please print nly the pages yu need t send t IdenTrust. Fr mst applicants, this includes tw pages; Part 1: Spnsring Organizatin Authrizatin Frm and Part 2: Ntary Frm.

2 Instructins fr Applicant TrustID Certificate Prgram Business Representative Certificate Thank yu fr chsing IdenTrust t issue yu a TrustID business certificate. T cmplete the enrllment fr yur TrustID business certificate, yu will need t cmplete and return a Spnsring Organizatin Authrizatin Frm (Part 1) and a Ntary Frm (Part 2). The fllwing steps will help guide yu thrugh cmpleting and submitting the necessary frms: Step 1: Online Applicatin Make sure yu have cmpleted the nline prtin f applicatin prcess at: Step 2: Spnsring Organizatin Authrizatin Frm Cmplete and Sign Part 1 - Spnsring Organizatin Authrizatin Frm. Take it t an fficer in yur Organizatin wh can sign n behalf f yur Organizatin and represent t IdenTrust that yu are a duly-authrized representative f the Organizatin and that it agrees t be bund by the terms described therein (Sectin 1-5). Have the fficer sign Part 1 - Spnsring Organizatin Authrizatin Frm and return it t yu fr submissin t IdenTrust. Step 3: Ntary Frm Cmplete and Sign Part 2 - Ntary Frm. Take this frm t a licensed Ntary emplyed by yur Organizatin r by a financial institutin (mst banks have ntaries n staff) t verify yur identity credentials. Yu must present 2 frms f ID fr verificatin. At least ne f the tw must be a verifiable gvernment-issued pht ID. Acceptable Gvernment-issued Pht IDs Other acceptable frms f ID Passprt Driver s License State-issued ID card Federal Emplyee ID card US Military Pht ID Certificate f US Citizenship (w/ pht) Original r Certified Cpy f Birth Certificate Scial Security Card Student ID frm a State Cllege r University Cncealed Weapns Permit State-issued Pilt s License Other fficial frms f ID will be cnsidered n a case-by-case basis prvided that they meet the abve requirements. Nte: Please ensure that all infrmatin matches the infrmatin yu submitted in the nline applicatin, including Subscriber infrmatin and Organizatin infrmatin. Once the Ntary has verified yur identity by reviewing and recrding the infrmatin frm yur pht ID card, make sure the Ntary has prperly ntarized yur signature and affixed his r her raised seal r clred ink stamp. Step 4: Send Frms t IdenTrust Recrd the name and place where yu had the frm ntarized. Fr yur recrds, make a cpy f frms Part 1 and Part 2 f the TrustID Business Representative Authrizatin Frm, and then send the signed riginals (ink-n-paper) t IdenTrust. US Mail, FedEx, UPS, Etc. TrustID Registratin IdenTrust Services 5225 Wiley Pst Way If yu shuld have any questins during the prcess and wuld like t speak with a custmer service representative, please call (888) r by at helpdesk@identrust.cm IdenTrust Registratin 5225 Wiley Pst Way

3 TrustID Business Certificate Part 1 Spnsring Organizatin Authrizatin Frm This TrustID Business Certificate Authrizatin Agreement (this "Authrizatin Agreement") is made by and between IdenTrust Services, LLC, ( IdenTrust ) a Delaware limited liability cmpany with its principal place f business at 5225 Wiley Pst Way,, Salt Lake City, UT U.S.A ( and the Organizatin identified at the bttm f this Authrizatin Agreement ("Spnsring Organizatin"). 1. Effect f Trust ID Business Certificate Issuance IdenTrust is a Certificatin Authrity that issues digital certificates t emplyees, agents and ther individuals (e.g., licensed prfessinals) affiliated with Spnsring Organizatin ("Affiliated Individuals"). Each TrustID business certificate identifies its named hlder (i.e. its Subject ) as emplyed, assciated r therwise affiliated with the Organizatin. Hwever, TrustID business certificates establish identity, nt authrity, and d nt establish authrity t bind the Organizatin such authrity wuld be established by ther means between the parties relying n the digital certificate and Spnsring Organizatin. Spnsring Organizatin authrizes IdenTrust t issue a TrustID business certificate t the Affiliated Individual listed belw. Prir t issuing a TrustID business certificate that identifies a persn as affiliated with Spnsring Organizatin, IdenTrust must cnfirm that the persn is indeed affiliated with the Spnsring Organizatin, and Spnsring Organizatin agrees that the infrmatin it prvides t IdenTrust cncerning an Affiliated Individual's status with the Spnsring Organizatin will be accurate, current and cmplete. Spnsring Organizatin agrees t be bund by and accepts the terms and cnditins f the attached TrustID Business Certificate Agreement that is presented t the Affiliated Individual n IdenTrust s web site during the applicatin prcess. Spnsring Organizatin further acknwledges and agrees that the act r missin f the Affiliated Individual with respect t a TrustID business certificate authrized hereunder will be deemed fr all purpses t be the act r missin f Spnsring Organizatin. 2. Certificate Renewal Spnsring Organizatin understands and acknwledges that the TrustID business certificate issued t the Affiliated Individual identified belw will expire after its stated perid f validity, and that prir t expiratin the Affiliated Individual may apply fr and receive a renewal TrustID business certificate t replace his r her expiring certificate. Spnsring Organizatin hereby authrizes the Affiliated Individual t apply fr and receive, and authrizes IdenTrust t issue, successive renewal TrustID business certificates, prvided that the Affiliated Individual applies fr the renewal TrustID business certificate within the required time frames fr such renewal. Spnsring Organizatin acknwledges and agrees that IdenTrust my require the Affiliated Individual t execute a new Certificate Agreement each time he r she applies fr a renewal Certificate, and the Spnsring Organizatin will be bund by the terms f each such Certificate Agreement. 3. Certificate Revcatin Spnsring Organizatin must immediately request that the Certificate be revked if: (i) it ever discvers r suspects that the Private Key crrespnding t the Certificate has been r is in danger f being lst, disclsed, cmprmised r subjected t unauthrized use in any way, r (ii) any infrmatin in the Certificate is n lnger accurate, current, r cmplete r becmes misleading, including if the Affiliated Individual is n lnger affiliated with Spnsring Organizatin. 4. Term and Terminatin The terms f this Authrizatin Agreement shall run frm the date indicated belw until all TrustID business certificate issued t the Affiliated Individual, and all subsequent renewal Certificates, have been revked, have expired r are n lnger valid. If Spnsring Organizatin desires t terminate this Authrizatin Agreement and all crrespnding Certificate Agreements, then it must give ntice t IdenTrust, in which case IdenTrust shall revke all utstanding TrustID business certificates authrized hereunder. 5. Interpretatin Irrespective f the place f perfrmance, this Authrizatin Agreement shall be cnstrued, interpreted, and enfrced in accrdance with the substantive laws f the State f Utah, withut regard t its cnflicts f law principles. Capitalized terms used but nt defined here in shall have the meanings indicated in the TrustID Business Certificate Agreement. If any prvisin heref is fund invalid, illegal r unenfrceable, then the remaining prvisins shall be cnstrued t give maximum effect t the intent f the parties as evidenced by this Agreement. Applicant Legal First and Last Name Applicant Organizatin Name Authrized Signer Signature Headquarters Address Line 1 Authrized Signer First and Last Name Address Line 2 Authrized Signer Title City, State, Zip Date ALL FIELDS MUST BE COMPLETED IdenTrust Registratin 5225 Wiley Pst Way

4 TrustID Business Certificate Part 2 - Ntary Frm Terms and Cnditins Sign Here Fill Here The undersigned applicant warrants, represents, and attests that all facts and infrmatin prvided in Parts 1 and 2 are, t the best f the undersigned applicant s knwledge, accurate, current and cmplete and that he r she: a) Is authrized by his r her Organizatin t receive and use an TrustID digital certificate t be issued by IdenTrust; b) Has read and accepts the persnal identifying infrmatin set frth herein; c) Is wh he r she represents himself r herself t be; and d) Has read, understd, and agrees t the respnsibilities assciated with being a Subscriber f an TrustID Business Representative Certificate, including the terms and cnditins fund in the n-line TrustID Business Representative Certificate Agreement. The applicant agrees t: 1) accurately represent him r herself in all cmmunicatins with IdenTrust and Relying Parties; 2) prtect his r her private key at all times; 3) immediately ntify IdenTrust if he r she suspects his r her private key t have been cmprmised, stlen r lst; and 4) use his r her key nly fr authrized business as allwed by the TrustID Prgram. Jhn T. De Signed By: (Subscriber t sign nly in the presence f Ntary) Jhn T. De jhn.de@ .cm Print Name: Address: First Name Middle Initial Last Name (Same address as prvided nline) Identificatin - Cmplete this sectin entirely. Incmplete frms are nt accepted. Yu must present 2 frms f ID fr verificatin. At least ne f the tw must be a verifiable gvernment-issued pht ID. One verifiable gvernment-issued Pht ID such as Passprt, Driver s License, State ID Card w/ pht, Military ID card w/ pht, etc. Pht ID Other acceptable frms f ID include Certified Cpy f Birth Certificate, Scial Security Card, Student ID, Cncealed Weapns Permit, Pilt s License, etc. Secnd ID* Fill Here Dc. Type/ Title: Issuer: Serial N: Exact Name: Issue Date: Expire Date: Driver s License State f Califrnia Jhn T. De 02/13/ /13/2017 Dc. Type/ Title: Issuer: Serial N: Exact Name: Issue Date: Expire Date: Birth Certificate State f Califrnia Jhn T. De 02/13/1958 N/A ALL FIELDS MUST BE COMPLETED *Nte: If the name n yur Pht ID is different frm the name n yur Secnd ID, please send a ntarized cpy f a dcument shwing the name change (Eg. A ntarized cpy f yur marriage license r ntarized certificate f marriage). Ntarial Acknwledgement Mary Smith I (name f ntary/fficer), registered in the state f, cunty f Alameda d hereby certify under PENALTY OF PERJURY under the laws f the State f CA that the fllwing infrmatin is true and crrect: Jhn De 1. On / / (MM/DD/YY), befre me persnally appeared (name f signer), wh prved t me n the basis f satisfactry evidence t be the persn whse name is subscribed t the within instrument and acknwledged t me that he/she executed the same in his/her authrized capacity, and that by his/her signature n the instrument the persn, r the entity upn behalf f which the persn acted, executed the instrument. 2. I have seen and verified the frms f identificatin fr which infrmatin is written abve and hereby assert that said frms f ID d nt appear t be altered, frged r mdified in any way. CA Ntary Signs Here WITNESS my hand and fficial seal `tüç få à{ Ntary Signature (Seal) Mail Here IdenTrust Registratin 5225 Wiley Pst Way

5 TrustID Business Certificate Part 2 - Ntary Frm Terms and Cnditins The undersigned applicant warrants, represents, and attests that all facts and infrmatin prvided in Parts 1 and 2 are, t the best f the undersigned applicant s knwledge, accurate, current and cmplete and that he r she: a) Is authrized by his r her Organizatin t receive and use an TrustID digital certificate t be issued by IdenTrust; b) Has read and accepts the persnal identifying infrmatin set frth herein; c) Is wh he r she represents himself r herself t be; and d) Has read, understd, and agrees t the respnsibilities assciated with being a Subscriber f an TrustID Business Representative Certificate, including the terms and cnditins fund in the n-line TrustID Business Representative Certificate Agreement. The applicant agrees t: 1) accurately represent him r herself in all cmmunicatins with IdenTrust and Relying Parties; 2) prtect his r her private key at all times; 3) immediately ntify IdenTrust if he r she suspects his r her private key t have been cmprmised, stlen r lst; and 4) use his r her key nly fr authrized business as allwed by the TrustID Prgram. Signed By: (Subscriber t sign nly in the presence f Ntary) Print Name: Address: First Name Middle Initial Last Name (Same address as prvided nline) Identificatin - Cmplete this sectin entirely. Incmplete frms are nt accepted. Yu must present 2 frms f ID fr verificatin. At least ne f the tw must be a verifiable gvernment-issued pht ID. One verifiable gvernment-issued Pht ID such as Passprt, Driver s License, State ID Card w/ pht, Military ID card w/ pht, etc. Dc. Type/ Title: Issuer: Serial N: Exact Name: Issue Date: Expire Date: Pht ID Other acceptable frms f ID include Certified Cpy f Birth Certificate, Scial Security Card, Student ID, Cncealed Weapns Permit, Pilt s License, etc. Dc. Type/ Title: Issuer: Serial N: Exact Name: Issue Date: Expire Date: Secnd ID* ALL FIELDS MUST BE COMPLETED *Nte: If the name n yur Pht ID is different frm the name n yur Secnd ID, please send a ntarized cpy f a dcument shwing the name change (Eg. A ntarized cpy f yur marriage license r ntarized certificate f marriage). Ntarial Acknwledgement I (name f ntary/fficer), registered in the state f, cunty f d hereby certify under PENALTY OF PERJURY under the laws f the State f that the fllwing infrmatin is true and crrect: 1. On / / (MM/DD/YY), befre me persnally appeared (name f signer), wh prved t me n the basis f satisfactry evidence t be the persn whse name is subscribed t the within instrument and acknwledged t me that he/she executed the same in his/her authrized capacity, and that by his/her signature n the instrument the persn, r the entity upn behalf f which the persn acted, executed the instrument. 2. I have seen and verified the frms f identificatin fr which infrmatin is written abve and hereby assert that said frms f ID d nt appear t be altered, frged r mdified in any way. WITNESS my hand and fficial seal Signature (Seal) IdenTrust Registratin 5225 Wiley Pst Way

6 TrustID Business Certificate Agreement 1. Scpe This Agreement gverns yur rights, duties and liabilities as the Hlder f a TrustID Business Certificate ("Yur Certificate") issued t Yu by IdenTrust Services LLC ("IdenTrust"), using terms as defined belw in Sectin TrustID Certificate Issuance. 2.1 Applicatin. The cntents f Yur Certificate will be based n the infrmatin Yu entered n the previus screens as part f yur cmpleted applicatin. By entering int this Agreement, Yu represent and warrant that: (i) all f the infrmatin Yu submit in yur applicatin frm - including but nt limited t Yur Organizatin's name - is accurate, current, cmplete, and nt misleading; (ii) Yu have prvided all facts material t cnfirming yur identity and t establishing the reliability f Yur Certificate; and (iii) Yur Organizatin has authrized Yu t apply fr, btain and use a TrustID Business Certificate that identifies Yur Organizatin and the fact f yur affiliatin with Yur Organizatin. Yu als agree t infrm Yur Organizatin that Yu have applied fr a TrustID Certificate and bund Yur Organizatin t this Agreement. If Yu are uncertain whether the infrmatin Yu prvided is accurate, Yu shuld nw click "BACK" and crrect it. Yu agree t prvide such further infrmatin as IdenTrust may reasnably require in cnnectin with yur applicatin and the Identificatin and Authenticatin prcess. 2.2 Key Pair Generatin. Yur Key Pair (Public and Private Keys) will be generated by Yu, and the crrespnding Public Key will be submitted t IdenTrust, incrprated int Yur Certificate, and stred by IdenTrust in its Certificate Repsitry. IN NO EVENT WILL IDENTRUST EVER HAVE ACCESS TO YOUR PRIVATE KEY. 2.3 Verificatin f Identity and Authrizatin. As part f applicatin prcess, IdenTrust will prvide Yu with a frm entitled "TrustID Business Certificate Authrizatin Agreement" that Yur Organizatin must sign (the "Authrizatin Agreement"). Fllw the instructins accmpanying the Authrizatin Agreement and send it t IdenTrust. Yu and Yur Organizatin authrize IdenTrust t verify yur and Yur Organizatin's identity and relatinship. IdenTrust may cnsult public r private databases r ther surces fr the purpse f verifying submitted infrmatin. IdenTrust will nt request a credit reprt withut yur express written prir cnsent. In n way shall this Agreement be cnstrued as any express cnsent frm yu t btain a credit reprt. If, based n the infrmatin available, IdenTrust is unable t identify and authenticate Yu and yur certificate request t its satisfactin, IdenTrust may refuse t issue Yu a certificate r seek yur permissin t btain additinal infrmatin. Yu and Yur Organizatin als authrize IdenTrust t stre and use in accrdance with this Agreement any infrmatin generated during the applicatin, identificatin, and certificate issuance prcesses. At all times, IdenTrust agrees t prtect yur persnal privacy in accrdance with Sectin 4.1 belw 2.4 Issuance. If IdenTrust accepts yur applicatin and cnfirms the infrmatin submitted during the applicatin prcess, IdenTrust will create Yur Certificate and ntify Yu hw and where t retrieve Yur Certificate. If IdenTrust is unable t cnfirm yur identity r authrizatin, IdenTrust may refuse t apprve yur applicatin r refuse t issue Yu a TrustID Certificate withut incurring liability fr any lss Yu r Yur Organizatin may incur as a result. 2.5 Acceptance. When Yu enter the activatin cde, as prvided t Yu by IdenTrust, in rder t dwnlad Yur Certificate, Yu will nce again be presented with the Certificate's prpsed cntents. Yu agree t review the prpsed cntents f Yur Certificate, and immediately ntify IdenTrust f any errrs, defects r prblems with Yur Certificate. Yu agree that Yu will have accepted Yur Certificate: (i) when Yu use Yur Certificate r the crrespnding Private Key after dwnlading Yur Certificate, r (ii) if Yu fail t ntify IdenTrust f any errrs, defects r prblems with Yur Certificate within a reasnable time after dwnlading it. By accepting Yur Certificate, Yu (i) accept its cntents and the respnsibilities identified in this Agreement, and (ii) represent, warrant and agree that all infrmatin in Yur Certificate that identifies Yu r Yur Organizatin is accurate, current, cmplete and nt misleading, and that Yu and Yur Organizatin are nt aware f any fact material t the reliability f the infrmatin in Yur Certificate that has nt been previusly cmmunicated t IdenTrust. 2.6 Term. Once issued, Yur Certificate will be valid fr ne year frm date f issuance. This Agreement will be cterminus with Yur Certificate and will, therefre, terminate ne year frm the date Yur Certificate is issued. At the expiratin f Yur Certificate, Yu may renew Yur Certificate in accrdance with IdenTrust's renewal prcedures, unless (a) Yur Certificate has been revked r (b) Yu r Yur Organizatin have ntified IdenTrust t cancel this Agreement. Yu hereby request and authrize IdenTrust t send Yu messages reminding Yu f the renewal prcess. If Yu elect t renew, Yu will be charged fr a renewal Certificate, and Yu will be respnsible fr cmplying with IdenTrust's then-current prcedures t receive yur renewal Certificate. 3. Yur and Yur Organizatin's Rights and Respnsibilities. 3.1 Fee. Yu and Yur Organizatin will be respnsible fr the applicable certificate issuance fee, which yu authrize may be billed t Yur credit card (r pursuant t ther payment arrangements agreed upn between IdenTrust and Yu r smene acting n yur behalf). If the certificate issuance fee is nt paid, IdenTrust may revke Yur Certificate. Yu agree that if Yur Certificate is purchased with funds prvided by an emplyer r gvernmental entity (the "Purchaser"), the Purchaser may act either n yur behalf r n behalf f the Purchaser (withut cause and withut Yur prir cnsent) fr the purpses f requesting certificate revcatin in accrdance with Sectin 3.7 and Representatins and Warranties. By accepting Yur Certificate, Yu: (i) accept its cntents and the respnsibilities identified in this Agreement, and (ii) represent and warrant t IdenTrust and t all wh reasnably rely n the infrmatin cntained in Yur Certificate that: (a) Yu rightfully hld the Private Key crrespnding t the Public Key listed in Yur Certificate; (b) all representatins Yu made and infrmatin Yu submitted t IdenTrust in the applicatin prcess were current, cmplete, true and nt misleading, (c) Yu have prvided all facts material t cnfirming yur identity and t establishing the reliability f Yur Certificate, (d) all infrmatin in Yur Certificate that identifies Yu is current, cmplete, true and nt misleading, (e) Yu are nt aware f any fact material t the reliability f the infrmatin in Yur Certificate that has nt been previusly cmmunicated t IdenTrust, and (f) Yu have kept yur Private Key secret. 3.3 Use f Yur Certificate. The purpse f Yur Certificate is t identify Yu and the fact that Yu are emplyed r therwise affiliated with Yur Organizatin-nt t certify any authrity r capacity t act n behalf f r bind Yur Organizatin. Yu may use Yur Certificate t establish yur identity with third-parties, sign and file dcuments electrnically, btain access t certificate-enabled nline surces f infrmatin, and make secure and/r encrypted cmmunicatins. Yu may nt use Yur Certificate fr (i) any applicatin requiring fail-safe perfrmance, such as the peratin f nuclear pwer facilities, air traffic cntrl systems, aircraft navigatin systems, weapns cntrl systems, r any ther system whse failure culd lead t injury, death r envirnmental damage; (ii) transactins where applicable law prhibits its use; r (iii) fraud r any ther illegal scheme r unauthrized purpse. 3.4 Legal Effect. Yu and Yur Organizatin agree that (i) a Digital Signature created using yur Private Key shall be cnsidered a "signature" fr all intents and purpses; (ii) such Digital Signature, r any cntract r ther dcument r recrd Digitally Singed using yur Private Key, will nt be denied legal effect, validity r enfrceability merely because such Digital Signature, cntract, dcument r recrd is in electrnic frm r created using electrnic prcesses; and (iii) neither Yu nr Yur Organizatin will deny r cntest such legal effect, validity r enfrceability n such grunds. 3.5 Prtect Yur Private Key. Yu and Yur Organizatin are respnsible fr prtecting yur Private Key. Yu and Yur Organizatin represent, warrant and agree that, in regard t Yur Certificate: (i) Yu have kept and will keep yur Private Key (and any Activatin Data used t prtect yur Private Key) private, and (ii) Yu and Yur Organizatin will take reasnable security measures t prevent unauthrized access t, r disclsure, lss, mdificatin, cmprmise, r use f, yur Private Key and the cmputer system r media n which yur Private Key is stred. Failure t prtect yur Private Key r t ntify IdenTrust f the theft, cmprmise, r misuse f yur Private Key, r cntinued use f the Key r Certificate after they have been cmprmised, may cause Yu r Yur Organizatin serius adverse legal cnsequences. If Yu r Yur Organizatin ever suspect r discver that the security f yur Private Key has been r is in danger f being cmprmised in any way, Yu r Yur Organizatin must immediately ntify IdenTrust, as IdenTrust Registratin 5225 Wiley Pst Way

7 prvided in Sectin 3.7 belw, and request that Yur Certificate be revked. If yur Private Key has been cmprmised, Yu shuld ntify anyne wh may use Yur Certificate t send encrypted messages t Yu that such encrypted messages may nt be secure. 3.6 Changes in Certificate Infrmatin. If any f yur infrmatin changes, yu shuld immediately ntify IdenTrust. Yu may update yur infrmatin at the TrustID Certificate Management Center (lcated at using yur TrustID Certificate and selecting "View/Update Cntact Infrmatin." NOTE: If IdenTrust des nt have current infrmatin fr Yu, it may nt be able t fully perfrm its bligatins t Yu and Yur Organizatin, including but nt necessarily limited t, sending Certificate renewal ntices, revcatin and suspensin ntices, and prviding ther infrmatin Yu may need t knw abut Yur Certificate and its use. An incrrect address in Yur Certificate may als prevent Yu frm using it fr signing and securing yur , and may cause ther technical prblems r limitatins n the use f Yur Certificate. 3.7 Revke Yur Certificate. When t Revke Yur Certificate. Yu r Yur Organizatin must immediately request that Yur Certificate be revked if: (i) Yu r Yur Organizatin ever discver r suspect that yur Private Key has been r is in danger f being lst, disclsed, cmprmised r subjected t unauthrized use in any way, r (ii) any infrmatin in Yur Certificate (ther than yur address) is n lnger accurate, current, r cmplete r becmes misleading, including if Yu are n lnger affiliated with Yur Organizatin. Yu r Yur Organizatin may als revke Yur Certificate at any time fr any ther reasn. Hw t Revke Yur Certificate. Yu r Yur Organizatin can initiate a revcatin request by: accessing the TrustID Certificate Management Center (lcated at using Yur Certificate and selecting "Revke My Certificate"; sending a signed (cntaining the reasn fr revcatin and using the Private Key fr which revcatin is requested) t helpdesk@identrust.cm; calling the IdenTrust Help Desk at ; r such ther means as may be prvided by IdenTrust. 3.8 Cease Using Yur Certificate. Yu must immediately cease using Yur Certificate in the fllwing circumstances: (i) when Yu r Yur Organizatin suspects r discvers that the Private Key crrespnding t Yur Certificate has been r may be cmprmised r subjected t unauthrized use in any way; (ii) when any infrmatin in Yur Certificate (ther than yur address) is n lnger accurate, current, r cmplete r becmes misleading; (iii) upn the revcatin r expiratin f Yur Certificate; r (iv) upn terminatin f this Agreement. 3.9 Cnsequences f Breach. If Yu act in any manner cunter t Yur bligatins under this Agreement, Yu will frfeit any claims Yu may have against IdenTrust Indemnificatin. Yu and Yur Organizatin agree t indemnify and hld IdenTrust and its directrs, fficers, emplyees, agents and affiliates harmless frm any and all liabilities, csts, and expenses, including reasnable attrneys' fees, related t: (i) any misrepresentatin r missin f material fact by Yu t IdenTrust, whether r nt such misrepresentatin r missin was intentinal; (ii) yur vilatin f this Agreement; (iii) any cmprmise r unauthrized use f Yur Certificate (r the crrespnding Private Key) caused by Yur r Yur Organizatin's negligence, intentinal miscnduct r failure t fulfill yur bligatins under this Agreement, unless prir t such unauthrized use Yu r Yur Organizatin has apprpriately requested revcatin f Yur Certificate and prven yur r its authrity t request revcatin; r (iv) yur misuse f Yur Certificate, including withut limitatin any use f Yur Certificate that is nt permitted by this Agreement; PROVIDED, hwever, that nthing herein shall require Yu r Yur Organizatin t indemnify IdenTrust fr any cnsequences caused by the fault f IdenTrust, r IdenTrust's failure t fulfill any f its bligatins. 4. IdenTrust's Rights and Respnsibilities. 4.1 Yur Privacy Is Imprtant. IdenTrust will take reasnable care t ensure that the Private Infrmatin will be kept cnfidential. IdenTrust will: (i) cmply with all applicable laws and regulatins regarding privacy f infrmatin; (ii) prtect the cnfidentiality f the Private Infrmatin; and (iii) use such infrmatin nly fr the purpse f prviding certificate services and carrying ut the prvisins f this Agreement. The Private Infrmatin that identifies Yu will nt be sld, rented, leased, r disclsed in any manner t any persn withut yur prir cnsent, except (i) as required by law, r (ii) as may be necessary fr the perfrmance f Certificate and Repsitry services r fr auditing requirements. IdenTrust als agrees t prtect the Private Infrmatin in a manner designed t ensure its integrity and t make it available t Yu r Yur Organizatin, fllwing an apprpriate request. Hwever, Yur TrustID Certificate and any infrmatin cntained therein, including Yur and Yur Organizatin's identity, must be seen by thers and is nt private--that wuld defeat the purpse f Yur Certificate, which is t allw third parties t establish yu and Yur Organizatin's identity. Persnal infrmatin included in Yur Certificate that allws third parties t cnfirm yur identity and/r Digital Signature must be disclsed in rder t make Yur Certificate effective. Infrmatin that may be disclsed includes, but is nt limited t: (i) yur name and address, (ii) yur Public Key; (iii) Yur Organizatin's name, address and telephne number; and (iv) the Certificate serial number and expiratin date. Hwever, yur address and telephne number and ther persnally identifying infrmatin, ther than name and address, will nt appear in Yur Certificate and will nt be disclsed t third parties except as prvided in this Agreement. 4.2 Certificate Repsitry. During the term f this Agreement, IdenTrust will perate and maintain a secure nline Repsitry that is available t Authrized Relying Parties and that cntains (i) all current, valid TrustID Certificates (including, as applicable, Yur Certificate), and (ii) a CRL r nline database indicating the status, whether valid, suspended r revked, f TrustID Certificates. When Yu accept Yur Certificate, IdenTrust will publish Yur Certificate in the Repsitry and will indicate its valid status until it is suspended, revked r expired. IdenTrust will prvide nnexclusive access t the Repsitry t Authrized Relying Parties t check the validity and status f Yur Certificate. 4.3 Suspensin and Revcatin. IdenTrust may suspend Yur Certificate when any party makes a claim against IdenTrust that Yur Certificate is invalid r has been cmprmised. IdenTrust will prmptly investigate any such claim, and either revke Yur Certificate r restre it t valid status, as IdenTrust reasnably deems apprpriate. If Yu, r smene else with authrity, request/s that yur Certificate be revked, IdenTrust will revke Yur Certificate and update the Repsitry as sn as practical after it has adequately cnfirmed that the persn making the revcatin request is authrized t d s. If the request is signed using yur Private Key, the request will be accepted as valid. IdenTrust may als revke Yur Certificate withut advance ntice if it determines, in its sle discretin, that: (i) Yur Certificate was nt prperly issued r was btained by fraud; (ii) the security f the Private Key crrespnding t Yur Certificate has r may have been lst r therwise cmprmised; (iii) Yur Certificate has becme unreliable; (iv) material infrmatin in yur applicatin r Yur Certificate has changed r has becme false r misleading (e.g., Yu are n lnger affiliated with Yur Organizatin); (v) Yu r Yur Organizatin have vilated any applicable agreement r bligatin; (vi) Yu, Yur Organizatin r the Purchaser requests revcatin; (vii) a gvernmental authrity has lawfully rdered IdenTrust t revke Yur Certificate; (viii) this Agreement terminates; r (ix) there are ther reasnable grunds fr revcatin. IdenTrust will ntify Yu when Yur Certificate has been revked. 4.4 Disclaimer f Warranties and Limitatin f Liability. Disclaimer f Warranties. IDENTRUST DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICES PROVIDED OR THE TrustID CERTIFICATE ISSUED HEREUNDER. Limitatins f Liability. YOUR AND YOUR ORGANIZATION'S SOLE REMEDY FOR DAMAGES ARISING UNDER, OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR YOUR CERTIFICATE WILL BE A REFUND OF YOUR CERTIFICATE ISSUANCE FEE. IDENTRUST WILL NOT BE LIABLE TO YOU OR YOUR ORGANIZATION FOR ANY DAMAGES-WHETHER SUCH DAMAGES ARE DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORY. 5. Gverning Law The parties heret agree that the United Natins Cnventin n Cntracts fr the Internatinal Sale f Gds will nt apply t this Agreement. This Agreement shall be gverned by and cnstrued under the laws f the State f Utah, withut regard t its cnflicts f law principles. 6. Dispute Reslutin In the event f any dispute r disagreement between tw r mre parties heret ("Disputing Parties") arising ut f r related t this Agreement r Yur Certificate, the Disputing Parties will use their best effrts t settle the dispute r disagreement thrugh mediatin r gd faith negtiatins fllwing ntice frm ne Disputing Party t the ther(s). If the Disputing Parties cannt reach a mutually agreeable reslutin f the dispute r disagreement within sixty (60) days fllwing the date f such ntice, then the Disputing Parties will submit the dispute t binding arbitratin, as prvided belw. Except IdenTrust Registratin 5225 Wiley Pst Way

8 fr a cntrversy, claim, r dispute invlving the federal gvernment f the United States r a "Cre Prceeding" under the United States Bankruptcy Cde, the parties agree t submit any cntrversy, claim, r dispute, whether in trt, cntract, r therwise arising ut f r related in any way t this Agreement, that cannt be reslved by mediatin r negtiatins amng the parties, fr reslutin by binding arbitratin by a single arbitratr, and judgment upn the award rendered by the arbitratr may be entered in any curt having jurisdictin ver the parties. The arbitratr will have n authrity t impse penalties r award punitive damages. Binding arbitratin will: (i) prceed in Salt Lake Cunty, Utah; (ii) be gverned by the Federal Arbitratin Act (Title 9 f the United States Cde); and (iii) be cnducted in accrdance with the Cmmercial Arbitratin rules f the American Arbitratin Assciatin ("AAA"). Each party will bear its csts fr the arbitratin; hwever, upn award f any judgment r cnclusin f arbitratin, the arbitratr will award the prevailing party the csts it expended in such arbitratin. Unless the arbitratr therwise directs, the parties, their representatives, ther participants, and the arbitratr will hld the existence, cntent, and result f the arbitratin in cnfidence. This arbitratin requirement des nt limit the right f any party t btain prvisinal ancillary remedies such as injunctive relief r the appintment f a receiver, befre, during, r after the pendency f any arbitratin prceeding. This exclusin des nt cnstitute a waiver f the right r bligatin f any party t submit any dispute t arbitratin. 7. Entire Agreement This Agreement and the Authrizatin Agreement, tgether with any ther dcuments referred t and/r incrprated in any f the freging, cnstitute the entire agreement amng Yu, Yur Organizatin, and IdenTrust with the respect t Yur Certificate. 8. Third Party Beneficiaries It is nt the parties' intent that this Agreement (except fr Sectin), r any f the ther dcuments mentined in the preceding paragraph, shuld cnfer, and they shall nt cnfer, any rights n any third party. 9. Amendment Yu and Yur Organizatin agree that IdenTrust may mdify this Agreement frm time t time during the term f this Agreement. Minr mdificatins shall becme effective when psted t IdenTrust's Web site. Any mdificatin t this Agreement that substantially alters yur r Yur Organizatin's rights r bligatins will becme effective when Yu use r renew Yur Certificate, whichever ccurs first, after Yu r Yur Organizatin have received ntice f such mdificatin. Yu and Yur Organizatin will be deemed t have received ntice f any mdificatin when (i) either Yu r Yur Organizatin actually receive written ntice f such mdificatin, r (ii) when ntice f such mdificatin is received at the address that Yu have prvided t IdenTrust as yur address. 10. Severability If any prvisin f this Agreement is fund t be invalid r unenfrceable, then this Agreement will be deemed amended by mdifying such prvisin t the extent necessary t make it valid and enfrceable while preserving its intent r, if that is nt pssible, by striking the prvisin and enfrcing the remainder f this Agreement. 11. Survival Sectins gverning cnfidentiality f infrmatin, indemnificatin, disclaimer f warranties, limitatins f liability, gverning law and dispute reslutin will survive any terminatin r expiratin f this Agreement. 12. Definitins and Terms Activatin Data User IDs, pass-phrases r shared secrets used t safeguard the Private Key frm unauthrized viewing r use. Authrized Relying Party: An individual r entity that has entered int an agreement with IdenTrust allwing the party t rely n TrustID Certificates. Certificate: A cmputer-based recrd r electrnic message issued by an entity that: (i) identifies the entity issuing it; (ii) names r identifies a Certificate hlder; (iii) cntains the Public Key f the Certificate hlder; (iv) identifies the Certificate's Validity Perid; and (v) is digitally signed by the issuing entity. A Certificate includes nt nly its actual cntent but als all dcuments expressly referenced r incrprated in it. CRL: A database r ther list f Certificates that have been revked prir t the expiratin f their Validity Perid. Digital Signature/Digitally Sign: The transfrmatin f an electrnic recrd by ne persn, using a Private Key and Public Key Cryptgraphy, s that anther persn having the transfrmed recrd and the crrespnding Public Key can accurately determine (i) whether the transfrmatin was created using the Private Key that crrespnds t the Public Key, and (ii) whether the recrd has been altered since the transfrmatin was made. It need nt invlve a handwritten signature. Key Pair: Tw mathematically related keys (a Private Key and its crrespnding Public Key), having the prperties that (i) ne key can be used t encrypt a message (i.e., create a Digital Signature) that can nly be decrypted using the ther key (i.e., verify the Digital Signature), and (ii) even knwing ne key (e.g., the Public Key), it is cmputatinally infeasible t discver the ther key (e.g., the Private Key). Private Infrmatin: Nn-public infrmatin that Yu f Yur Organizatin prvide r that IdenTrust btains, during the applicatin and identificatin prcesses, that is nt included in Yur Certificate and that identifies Yu r Yur Organizatin. Private Key: The key f a Key Pair kept secret by its hlder and used t create Digital Signatures and t decrypt messages r files that were encrypted with the crrespnding Public Key. Public Key: The key f a Key Pair publicly disclsed by the hlder f the crrespnding Private Key and used by the recipient t validate Digital Signatures created with the crrespnding Private Key and t encrypt messages r files t be decrypted with the crrespnding Private Key. Public Key Cryptgraphy: A type f cryptgraphy (a prcess f creating and deciphering cmmunicatins t keep them secure) that uses a Key Pair t securely encrypt and decrypt messages. One key encrypts a message, and the ther key decrypts the message. One key is kept secret (Private Key), and ne is made available t thers (Public Key). These keys are, in essence, large mathematically-related numbers that frm a unique pair. Either key may be used t encrypt a message, but nly the ther crrespnding key may be used t decrypt the message. Repsitry: An nline system maintained by IdenTrust fr string and retrieving TrustID Certificates and ther infrmatin relevant t TrustID Certificates, including infrmatin relating t TrustID Certificate validity r revcatin. TrustID Certificate: A Certificate issued by IdenTrust under the TrustID brand. Validity Perid: The intended term f validity f Yur Certificate, beginning with the date f issuance ("Valid Frm" r "Activatin" date), and ending n the expiratin date indicated in Yur Certificate ("Valid T" r "Expiry" date). Yur Certificate: The TrustID Certificate issued t Yu pursuant t this Agreement. IdenTrust Registratin 5225 Wiley Pst Way