Revel Care Terms

Revel Care™ Program Additional Terms and Conditions

If the Customer is participating in the Revel Care™ Program (as defined in the Agreement), then these terms and conditions form a part of the Agreement between the parties and specify the obligations of Revel and Customer with respect to Customer’s participation in the Revel Care Program. Capitalized terms not defined herein will have the meanings ascribed to them in the Agreement. For the avoidance of doubt, the terms and conditions of the Agreement are applicable except to the extent a conflicting provision is set forth herein, in which case these terms and conditions shall govern.

GENERAL TERMS AND CONDITIONS OF ENROLLMENT IN REVEL CARE PROGRAM

In order to participate in the Revel Care Program for any Customer location, Customer must elect to participate within sixty (60) days of the first shipment of Purchased Hardware for such location to Customer. Customer’s election to participate in the Revel Care Program for a Customer location will be evidenced by Customer’s execution of an Order Form or Sales Agreement setting forth the applicable Revel Care Program monthly fees.

The initial term of enrollment in the Revel Care Program per each Customer location is thirty-six (36) months (the “Initial Enrollment Period”). Customer may not cancel participation in the Revel Care Program during the Initial Enrollment Period unless such termination is permitted by the Agreement. A termination of the Agreement in accordance with its terms will also constitute a termination of Customer’s participation in the Revel Care Program. If Customer cancels its participation in the Revel Care Program during the Initial Enrollment Period or the Agreement is otherwise terminated during the Initial Enrollment Period, then Customer shall pay to Revel, as liquidated damages, and not as a penalty, the balance of all Revel Care Program monthly fees which would otherwise have been payable by Customer through the end of the Initial Enrollment Period. This payment shall be in addition to, and not in lieu of, any other legal rights of Revel with respect to such termination by Customer.

Upon the expiration of the Initial Enrollment Period and any Renewal Enrollment Period (as defined below), Customer’s participation in the Revel Care Program for the location at issue, will terminate unless Customer notifies Revel in writing within thirty (30) days of the end of the Initial Enrollment Period or any Renewal Enrollment Period, as applicable, that it wishes to renew its participation in the Revel Care Program for an additional twelve (12) month period (each a “Renewal Enrollment Period”). Customer’s election to renew its participation in the Revel Care Program will be evidenced by Customer’s execution of an Order Form or Sales Agreement setting forth the applicable Revel Care Program monthly fees. Revel reserves the right to increase its pricing for the Revel Care Program after the Initial Enrollment Period.

COVERED PURCHASED HARDWARE

Only Purchased Hardware: (1) that is enrolled pursuant to the terms and conditions set forth above; (2) which was purchased within a time frame that is less than thirty-six (36) months from the date of its initial shipment to Customer; and (3) which suffers from either a manufacturer defect or accidental damage is covered by the Revel Care Program (“Covered PH”).

AVAILABLE COVERAGE FOR COVERED PH

Once a Customer is enrolled in the Revel Care Program, the Customer is eligible to replace up to the dollar amount of Covered PH per year, per location set forth in the applicable Order Form or Sales Agreement. For the avoidance of doubt, the foregoing coverage is location specific and may not be applied to a Customer location other than the one for which such coverage was initially purchased (i.e., if Customer has three locations enrolled, it cannot use all of the aggregated available coverage for the three locations to replace Covered PH at one location). Customers with more than one location enrolled in the Revel Care Program may purchase additional coverage per location by paying additional Revel Care Program monthly fees. Revel reserves the right to change the amount of available Revel Care Program coverage for Covered PH after the Initial Enrollment Period.

COVERED PH RETURN AND REPLACEMENT PROCESS AND PROCEDURE

Customer claims for replacement of Covered PH should be made by calling the appropriate Revel technical support phone number, which can be found at Call-Support. Once the Customer makes a claim for Covered PH in accordance with this process, then Revel will ship replacement hardware. The replacement hardware may be pre-owned and/or refurbished. In the event the returned Covered PH is no longer available, Revel will provide hardware with no less compatibility and functionality as the returned Covered PH. All replacement hardware will ship via ground shipping. Customer will be responsible for all shipping costs. Customer will be charged a non-refundable deductible for each piece of Covered PH being replaced prior to shipment in the amount set forth in the applicable Order Form or Sales Agreement.

Revel will also send Customer a return material authorization (“RMA”) to return the Covered PH. Any Covered PH returned without a valid RMA number displayed on the packaging will be refused or returned. Customer must comply with the terms and conditions set forth in the RMA regarding return of the Covered PH. If Customer does not comply with the terms and conditions of the Agreement and the RMA, Customer will be billed the full price of the replacement hardware.

If Revel determines that the returned Purchased Hardware is not Covered PH, then the Customer will be notified and billed for the full price of the replacement hardware. The return of any Purchased Hardware which the Customer knows is not Covered PH shall be governed by the “Additional Terms and Conditions of Hardware Sale,” which are part of the Agreement.