Client Testimonial Release Agreement

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I hereby grant permission to Modern Postcard the ongoing use of my testimonial. This testimonial may be used for:

• Direct mail campaigns sent to Modern Postcard customers and prospects
• Various print advertisements and magazine inserts
• Promotion on the Modern Postcard website (modernpostcard.com) or email campaigns

Release
I irrevocably grant to Modern Postcard, its parent, subsidiaries, affiliates, successors, and those acting with its authority (hereinafter collectively referred to as “MP”), with respect to all materials referenced above including all text, names, likenesses, artwork, images and the like, including all trademarks, copyrights and derivative rights thereto (collectively referred to herein as the “Testimonial”), the right, for promotional purposes only, to make use of, reproduce, modify, and to otherwise utilize the Testimonial by any means, methods and technologies now known or hereafter discovered.

Waiver
I irrevocably waive all rights and release MP from, and shall neither sue nor bring any proceeding against any such parties for any claim, whether now known or unknown, for any right based upon or relating to the use and utilization of the Testimonial. There shall be no obligation to utilize this authorization.

Representations/Indemnity
I represent and warrant to MP that: (i) I have the power and authority to enter into this Agreement and to perform its obligations; and (ii) the Testimonial or any related materials will not violate the rights of any third party and will not give rise to any claim of violation of any right based upon or relating to the use of the Testimonial. I indemnify and hold harmless MP from any damage or cost (including reasonable attorneys’ fees), arising out of the use or distribution of the Testimonial.

Construction/Miscellaneous
This Release represents our entire agreement regarding the subject matter hereof and supersedes all previous representations, understandings or agreements between the parties. No waiver, modification or cancellation of any term or condition of this Release shall be effective unless signed in writing by MP and me. This Release shall be construed and controlled by the laws of the State of California. If any part of this Release is found to be invalid, such invalidity shall not affect the remainder of this Release. If either party employs attorneys to enforce any rights arising out of or relating to this Release, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, including expert witness fees. The parties hereby consent to venue and personal jurisdiction in San Diego, California.