STREAMING MEDIA GROUP SERVICE LEVEL AGREEMENT

This Service Level Agreement (“SLA”) sets forth Bitcentral, Inc.’s (“Bitcentral”) performance objectives for the availability of its hosted software platform (“Platform”). Bitcentral may modify this SLA from time to time, and the modified version will be effective upon posting to Bitcentral’s website. This SLA is part of the FUEL Service Agreement (the “Agreement”). Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement.

1. Availability: Bitcentral will use commercially reasonable efforts to maintain availability of the Service for Customer’s use 24×7, except during the following, during which the Service may be partially or totally unavailable:
   A. “Scheduled Maintenance” includes updates and other routine maintenance, which will be conducted between 7:00 p.m. and 2:00 a.m. Pacific Time weekdays, weekends and/or holidays. However, maintenance may also occur at any other time as is necessary to provide top tier service to Bitcentral’s customers. Bitcentral may change planned maintenance windows at its sole discretion and will notify Customer of any such changes that affect previously notified plans, provided such maintenance is done during low-volume times. Bitcentral will use commercially reasonable efforts to provide Customer with at least 24 hours’ prior notice if Scheduled Maintenance downtime will occur at such other time.B. “Unscheduled Maintenance” means maintenance not previously planned which is needed to resolve issues that are critical for customers and/or performance of the Service. Bitcentral will notify Customers when possible via email prior to the unscheduled maintenance. When and where practicable, Bitcentral will try to conduct unscheduled maintenance between 9:00 p.m. and 2:00 a.m. Pacific Time.

   C. Force Majeure Events.

   D. Unavailability due to unauthorized use or misuse of the Service by Customer or anyone using any of Customer’s Authorized User’s login credentials.

2. Availability Goal. Bitcentral will use commercially reasonable efforts to make the Service available 99.5% of the time, measured on an average monthly basis, exclusive of the following:
   A. The events set forth in Section 1 of this SLA;B. Any outage lasting less than 5 minutes;

   C. Any outage Bitcentral determines to be a result of Customer’s breach of the Agreement or other acts or omissions of Customer, or suspension by Bitcentral of the Service as permitted under the Agreement;

   D. Force Majeure Events; and

   E. Any outage determined to be a result of a failure of outside services or equipment not within the control of Bitcentral, including Customer’s hardware and software (collectively, all of the foregoing in this Section 2, the “Availability Goal”).

3. Performance Credits.
   A. Bitcentral provides performance credits set forth below.i. Upon Customer’s written notice to Bitcentral, if availability to Customer of the Service (excluding those items not included in downtime calculations as set forth above) for the calendar month is below the Availability Goal, Bitcentral will credit to a portion of the monthly fees charged for the calendar month during which such goal was not met Customer, according to the table below:

Platform Availability Performance Credit
(% of Monthly Fee)
Less than 99.5% 2%
Less than 98.0% 5%
Less than 95.0% 10%

ii. Unavailability will be deemed to begin when Bitcentral receives accurate notification thereof from Customer, or when Bitcentral first becomes aware of such unavailability, whichever occurs first.
iii. Credit Requests. To receive the credit, Customer must specifically request it no later than 30 days following the month for which the credit is rquested. Customer must provide all dates and times of Service unavailability along with Customer’s account username. This information must be submitted to Bitcentral’s support department by email address to support@bitcentral.com. Bitcentral will compare information provided by Customer to Service availability monitoring data that Bitcentral maintains. A credit will issued if the unavailability warranting the credit is confirmed.

NOTWITHSTANDING ANYTHING IN THIS SECTION 3 OF THIS SLA TO THE CONTRARY, THE TOTAL PERFORMANCE CREDIT TO CUSTOMER UNDER THIS SLA SHALL NOT EXCEED 10% OF THE MONTHLY FEES CHARGED FOR THE AFFECTED SERVICE DURING THE CALENDAR MONTH FOR WHICH THE PERFORMANCE CREDIT IS TO BE ISSUED. IN ADDITION, CUSTOMER SHALL NOT BE ENTITLED TO ANY PERFORMANCE CREDIT IF CUSTOMER’S ACCOUNT IS PAST DUE OR SUSPENDED.

4. Technical Support
A. Bitcentral provides technical support by email support@bitcentral.com, and via its access portal at www.bitcentral.com/support. Bitcentral endeavors to respond to support requests within 2 hours.