FideliTrade Incorporated (“FideliTrade”), through its Bullion Gateway (the “Gateway”), provides Company with the convenience of using an online portal in which Company can submit buy orders, sell orders, metal move requests, pay for administrative fees, and view Company’s bullion holdings and activity in Company’s FideliTrade Account(s). Please read the Terms of Use carefully before using the Gateway. Upon agreeing to these Terms of Use, Company will be granted a revocable, non-exclusive, non-assignable, and non-transferable license to access and use the Gateway. Company acknowledges that it is responsible, at its own expense, to provide and maintain equipment and operating systems necessary to access and use the Gateway.

Company will assign one initial Administrator who will receive Gateway registration details via email. That initial Administrator can then add other Administrators and Users. An “Administrator” has unlimited access to all fields and functions of the Gateway, and may submit buy, sell, transfer, or shipment instructions to FideliTrade through the Gateway. Administrator(s) are solely responsible to select Users, who will have certain permissions and privileges as assigned by the Administrator(s), to act as an agent of the Company. Both Administrators and Users may also submit buy or sell orders by telephone but only if that individual is listed as an Authorized Signer or Authorized Trader in the most current List of Authorized Signers, Traders & Report Recipients which is authoritative for telephone orders. FideliTrade has no duty to investigate or inquire about the legitimacy of a telephone order or instructions submitted by an Administrator or User who is currently assigned to that role in the Gateway. Company represents that Administrator(s) and User(s) are security conscious and receive ongoing security awareness training, and Company agrees that their Administrator(s) will only assign user privileges that are appropriate for such Users. Company agrees and acknowledges that FideliTrade is not responsible and cannot be held liable for Company’s selection of, or assignment rights or permissions to, Gateway Users. Company warrants to FideliTrade that it will undertake commercially reasonable measures to prevent unauthorized use of the Gateway, including unauthorized submittal of buy orders, sell orders, metal move requests, and unauthorized access to and viewing of Company’s account holdings and information. Company’s Administrator(s) and each User are the only individuals authorized to log into and use the Gateway. The Administrator(s) and Users must at all times maintain as confidential the unique user names, passwords, and other Authenticating Credentials used by each of them, individually, to access to the Gateway (“Authenticating Credentials”). Company agrees to accept full responsibility for all actions that occur after Authentication Credentials are used to grant access to the Gateway, regardless of whether or not Company has authorized such actions. Authenticating Credentials must not be shared by the Administrator(s) or any User(s) under any circumstance. If Administrator(s) or User(s) know or have reason to believe that Authenticating Credentials have become known to an unauthorized third party, immediate action must be taken to prevent unauthorized use of the Gateway including but not limited to change of password(s). Company agrees to notify FideliTrade by email at TradeDesk@FideliTrade.com of any actual or suspected breach of security including compromise of Authenticating Credentials. Particular caution must be taken when accessing Company’s account from a public or home computer to prevent and detect keystroke logging, viewing, or other disclosure of Authenticating Credentials. Company represents that it implements industry standard security protections designed to deter and prevent introduction of a virus, worm, trojan horse, or other malicious code into the Gateway. FideliTrade may suspend or revoke Company’s license to access and use the Gateway if Company violates any term herein or engages in conduct deemed unacceptable to FideliTrade in its sole discretion.

Company agrees and acknowledges that buy orders and sell orders are not submitted until the Gateway displays confirmation that such order is accepted or rejected. Each completed trade must be accompanied by a confirmation number and should appear in Company’s Trading History within the Gateway. If Company does not receive a confirmation number, the trade does not appear in the Gateway or a trade was rejected, then Company agrees to notify FideliTrade by phone at (302) 762-2500 or by email at TradeDesk@FideliTrade.com. Company agrees and acknowledges that, due to fluctuations in market prices and the unavailability of certain precious metals bullion products from time to time, the execution price and/or current availability of products may vary from prices and/or available products listed on the Gateway. Company must immediately notify FideliTrade of known or suspected technical problems, system access issues, errors in pricing or product availability, or system failures existing within or caused by the Gateway. If a technology-related error, typographical error, or any other type of unintentional error causes Bullion, or Bullion Products to be listed at an erroneous price, FideliTrade may refuse or cancel such order. If FideliTrade takes such action, FideliTrade will obtain further instructions from Company regarding such order and/or cancel the order and return any funds or Bullion Product received from Company for that order. Refreshing the Review Order Screen is strongly encouraged to obtain updated pricing and information prior to submitting an order. FideliTrade reserves the right to limit buy orders or sell orders by dollar amount or by the quantity of Bullion or a Bullion Product. The Gateway will be available to accept electronic orders at certain times, as agreed to by the Parties from time to time, except that no electronic order will be accepted by the Gateway when FideliTrade and/or CME Group [Nymex and Comex Divisions] are closed for business.

COMPANY UNDERSTANDS AND AGREES THAT THE GATEWAY IS PROVIDED “AS IS,” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIDELITRADE DISCLAIMS ANY WARRANTY THAT INFORMATION POSTED ON THE GATEWAY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT THE GATEWAY WILL MEET COMPANY’S EXPECTATIONS OR REQUIREMENTS. COMPANY AGREES AND ACKNOWLEDGES THAT FIDELITRADE DOES NOT AND WILL NOT PROVIDE COMPANY WITH ADVICE, CONTENT, OR MATERIALS THAT CREATE OR CAN BE INTERPRETED TO CREATE A WARRANTY OF ANY KIND. FIDELITRADE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, RELATING TO OR ARISING OUT OF COMPANY’S ACCESS TO AND USE OF THE GATEWAY.

COMPANY UNDERSTANDS AND AGREES THAT THE GATEWAY IS PROVIDED “AS IS,” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIDELITRADE DISCLAIMS ANY WARRANTY THAT INFORMATION POSTED ON THE GATEWAY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT THE GATEWAY WILL MEET COMPANY’S EXPECTATIONS OR REQUIREMENTS. COMPANY AGREES AND ACKNOWLEDGES THAT FIDELITRADE DOES NOT AND WILL NOT PROVIDE COMPANY WITH ADVICE, CONTENT, OR MATERIALS THAT CREATE OR CAN BE INTERPRETED TO CREATE A WARRANTY OF ANY KIND. FIDELITRADE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, RELATING TO OR ARISING OUT OF COMPANY’S ACCESS TO AND USE OF THE GATEWAY.

FideliTrade has invested in and is the owner of the Gateway, and any associated content, software, software applications, tools, computer code, information, databases, audio and video files, text, logos, and images (the “Content”). The Content includes, but is not limited to, the design, structure, selection, compilation, assembly, functionalities, look and feel, and arrangement of the Content. Duplication, decompiling, reverse engineering, reproduction, transmission, distribution, sale, publication, circulation, dissemination, or modification of the Content, or any unauthorized use of FideliTrade’s logos or other trademarked material, is strictly prohibited. In this regard, Company agrees and acknowledges that its use of the Gateway is for internal business use only.

FideliTrade automatically receives and records information on its server logs, including email addresses and the IP address from which the Gateway is being accessed. FideliTrade may use this information for general purposes, including, but not limited to: (i) authenticating an identity, (ii) confirming that technical and system functions of the Gateway are operating as designed; (iii) developing new services; and (iv) audit, research, and analysis of the Gateway.

Company’s initial and continued access to and use of the Gateway is conditioned upon Company’s agreement to these Terms of Use. These Terms of Use govern Company’s access to and use of the Gateway. These Terms of Use are in addition to, and do not modify, alter, or waive provisions of other Terms of Use or agreements between Company and FideliTrade. The Parties represent to each other that any act or transaction performed under these Terms of Use shall be conducted on a principal-to-principal basis only. Company shall defend, indemnify, and hold harmless FideliTrade, its affiliates and their respective officers, directors, and employees, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Company’s violation of these Terms of Use. Company and FideliTrade agree that any dispute, claim, or controversy arising out of these Terms of Use or the Gateway shall be resolved by binding arbitration under the Rules of the American Arbitration Association and determined by Delaware law without regard to conflict of law principles. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Commercial Account Agreement entered into between Company and FideliTrade.