SWAGGTM GIFT Cardholder Agreement

IMPORTANT – PLEASE READ CAREFULLY

Terms and Conditions/Definitions for the SWAGG GIFT

This document constitutes the agreement ("Agreement") outlining the terms and conditions under which the SWAGG GIFT has been issued to you by The Bancorp Bank. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. This Agreement is in addition to, and does not supersede, the terms and conditions you agreed to with Firethorn Mobile, Inc. ("Firethorn Mobile") to participate in SWAGGTM. "Card" means the SWAGG GIFT issued to you by The Bancorp Bank, Wilmington, Delaware. "Issuer" means The Bancorp Bank or its depository institution affiliate. The Issuer is an FDIC insured member institution. "Card Account" means the records we maintain to account for the value of claims associated with the Card. "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean the Issuer, our successors, affiliates or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. Our business days are Monday through Friday, excluding federal holidays, even if we are open. Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Please read this Agreement carefully and keep it for future reference.

Authorized Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.

Secondary Cardholder

You may not request an additional Card for another person.

Personal Identification Number

You will not receive a Personal Identification Number ("PIN") with your Card Account.

Cash Access

You may not use your Card to obtain cash from an Automated Teller Machine ("ATM"), Point-of-Sale ("POS") device, or by any other means. You may not use your Card at an ATM.

Loading Your Card

Firethorn Mobile may specify certain limited situations when additional funds may be added to your Card, called "value loading". The minimum amount of the initial value load is $15.00. The maximum amount of the initial value load for a first time purchase is $100.00. After the first seven (7) days of registration, subsequent Cards can be loaded with a maximum initial load of $250.00. These amounts may be modified from time to time. Other than in situations specified by Firethorn Mobile, additional funds may not be added to your Card. You will have access to your funds immediately after activation.

Using Your Card/Features

The maximum amount that can be spent on your Card per day is the total remaining on your Card. The maximum value of your Card is restricted to $250.00. These amounts may be modified from time to time.

You may use your Card to purchase or lease goods or services in the U.S. and District of Columbia at participating merchants as long as you do not exceed the value available on your Card Account. A list of participating SWAGG GIFT merchants is available at www.SWAGG.com. The Card may not be used outside of the U.S. and District of Columbia including Internet and mail or telephone order merchants outside of the U.S. and District of Columbia. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to using your Card, your Card is likely to be declined.

If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred.  Any preauthorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.

If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Except as may be required by law, your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.

Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees.

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You may not make preauthorized regular payments from your Card Account. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. If you have a problem with a purchase that you made with your Card, or if you have a dispute with the merchant, you must handle it directly with the merchant.

Card Replacement

If you need to replace your Card for any reason, please contact us at support@swagg.com. You will be required to provide personal information which may include your Card number, full name, transaction history, etc.

Expiration

Your Card and the funds on the Card do not expire, but may need to be transferred to a different merchant if the selected merchant no longer participates in SWAGG.

Charges Made In Foreign Currencies

Your Card may only be used within the fifty (50) U.S. states including the District of Columbia.

Receipts

You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.

Card Account Balance/Periodic Statements

You are responsible for keeping track of your Card Account available balance. Merchants generally will not be able to determine your available balance. It's important to know your available balance before making any transaction. You may access your available balance by accessing your SWAGG account through the SWAGG application on your wireless handset, or online at www.SWAGG.com. Transaction history in electronic format will be made available free of charge by emailing support@swagg.com. You will not automatically receive paper statements. You may choose to have a paper statement mailed to you by contacting us each time at support@swagg.com.

Fee Schedule

Except as set forth below and where prohibited by law, when initially purchasing a Card you will be charged an Issuance Processing Fee. Issuance Processing Fee amounts will be withdrawn from the account selected by the Card purchaser. When terminating a Card and purchasing a new Card through the SWAGG exchange feature, you will be charged a New Card Fee. The balance of the new Card Account and New Card Fee will be paid from the terminating Card Account.

• Processing Fee -- $4.99 per Card; lower promotional rates may apply
• New Card Fee -- The greater of $1.00 or 30% of the balance of the terminating Card Account per occurrence; lower promotional rates may apply

Confidentiality

We may disclose information to third parties about your Card or the transactions you make:

• Where it is necessary for completing transactions;
• In order to verify the existence and condition of your Card for a third party, such as merchant;
• In order to comply with government agency, court order, or other legal reporting requirements;
• If you give us your written permission; or
• To our employees, auditors, affiliates, service providers, or attorneys as needed.

Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

• If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
• If a merchant refuses to accept your Card;
• If an electronic terminal where you are making a transaction does not operate properly;
• If access to your Card has been blocked after you reported your Card lost or stolen;
• If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
• If we have reason to believe the requested transaction is unauthorized;
• If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
• Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transfers

If you become aware of and/or your transaction history shows transactions that you did not make, you must immediately call 1-877-767-9244, email support@swagg.com or write to Firethorn Mobile, Inc., Attn. Cardholder Services, 3333 Piedmont Road, Suite 300, Atlanta, Georgia 30305. If you do not provide notification promptly, we may not be able to assist you in resolving such issues. You will be responsible for your losses and damages arising from unauthorized transactions unless Firethorn Mobile, Inc. is able to determine that the unauthorized transaction was caused by the gross negligence or intentional misconduct of Firethorn Mobile, Inc. or the Issuer.

Other Terms

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law. Issuer is Licensed Under U.S. Patent Nos. 5,689,100 and 5,956,695.

Amendment and Cancellation

Except as may be prohibited by law, we may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by notifying us in writing of your intent to do so at support@swagg.com. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions relating to products and services you purchased contact the applicable merchant.

In case of general questions or errors about your Card Account not related to your specific merchant transactions call 1-877-767-9244, email support@swagg.com or write to Firethorn Mobile, Inc., Attn. Cardholder Services, 3333 Piedmont Road, Suite 300, Atlanta, Georgia 30305. You must contact us no later than fourteen (14) days after any problem or error appeared.

• Provide your name and Card number (if any)
• Describe the error or the transaction you are unsure about, and explain why you believe it is an error or why you need more information.
• Provide the dollar amount of the suspected error.

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section.

English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Service

For customer service or additional information regarding your Card, please contact us at:

SWAGG GIFT

support@swagg.com

www.swagg.com

1-877-767-9244

This Cardholder Agreement is effective 11/2011.