A.Transaction Processing.

(1)Generally. By registering and using the Services, you authorize TBS to act as your agent for purposes of processing payments, refunds and adjustments for sales of your Products through the Site ("Transactions"), receiving and holding the gross proceeds from Transactions, including shipping charges, but excluding taxes separately stated and charged ("Sales Proceeds") on your behalf, remitting Sales Proceeds to you, charging your credit card, and retaining amounts you owe in accordance with this Vendor Agreement (collectively, "Transaction Processing").

(2)Collection; Remittance. When TBS collects the Sales Proceeds from any Transaction, the buyer shall have satisfied its obligations to you. TBS's obligation to remit funds which it collects on your behalf is limited to Sales Proceeds that TBS has actually received less (i) commissions, fees and other amounts owed to TBS, (ii) amounts that are subject to chargeback or reversal, and (iii) amounts withheld for anticipated claims in accordance with this Vendor Agreement.

(3)Availability. Transaction Processing is generally available seven days per week, 24 hours per day, except for scheduled downtime due to system maintenance. TBS can initiate credits to your account only on a Business Day when the automated clearinghouses are open for business. For purposes of this Vendor Agreement, a "Business Day" is a Monday through Friday, excluding federal banking holidays. TBS will inform you of each completed transaction using its standard procedures. In addition, you can access your Transaction Processing information in your account with TBS online.

(4)Security. As a security measure, TBS may, but is not required to, impose transaction limits on some or all buyers and sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. TBS will not be liable to you if TBS (i) does not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by TBS for a security reason, or (ii) permits a buyer to withdraw from a transaction because TBS's Transaction Processing services are unavailable following the commencement of a transaction.

(5)Delay, Withholding of Remittance. If TBS reasonably concludes based on information available to it that your actions or performance in connection with the Services may result in buyer disputes, chargebacks or other claims, then TBS may, in its sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Vendor Agreement until the completion of an investigation regarding your actions or performance in connection with this Vendor Agreement. TBS will not be

liable to you if it acts in accordance with the provisions of this Section.

(6)Notices. Notices to you will be sent by e-mail or will be posted on the Site or by any other means then specified by TBS. TBS will send notices to you at the e- mail address for you in TBS's records.

(7)Reserved Rights. TBS reserves the right, upon termination of this Vendor Agreement or your use of the Services, to set off against any payments to be made to you whatever amount TBS determines to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with Transactions for a prospective three-month period. At the end of such three- month period, TBS will either (i) disburse to you any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or (ii) seek reimbursement from you for any such amounts which remain outstanding via debiting your account, reversing credits to your account, charging your credit card on file, or any other lawful means.

(8)Handling of Sales Proceeds. Sales Proceeds will be held by TBS in an account and will represent an unsecured claim against TBS. Sales Proceeds are not insured by the Federal Deposit Insurance Corporation. Prior to disbursing funds to you, TBS may combine Sales Proceeds held with the funds of other users of the Services, invest them, or use them for other purposes permitted by applicable laws. You will not receive interest or any other earnings on any Sales Proceeds. To the extent required by applicable laws, TBS will not use any funds held on your behalf for its corporate purposes, will not voluntarily make such funds available to its creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit its creditors to attach such funds.

(9)Inactivity. If TBS determines that there is no activity in connection with your account for the period of time set forth in applicable unclaimed property laws and it holds Sales Proceeds on your behalf, TBS will make reasonable efforts to notify you and provide you the option of keeping your account open and maintaining the funds in your account. If you do not respond to such notice within the time period TBS specifies, TBS will send the funds in your account to you at your address on file with TBS.

B.Seller Taxes. You remain solely responsible to determine whether Seller Taxes (as defined in this Section B) apply to any Transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority. TBS is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of

Products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

C.Reservation of Rights. TBS reserves the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Services and any element, aspect, portion or feature thereof, from time to time). TBS further reserves the right to delay or suspend listing of, or to refuse to list, or to de-list, or to require you not to list, any Product in TBS's sole discretion.

D.Order Stoppage or Cancellation. TBS may, in its sole discretion, withhold for investigation, refuse to process, or stop or cancel any of your Transactions. You will stop or cancel orders of your Product if TBS asks you to do so (provided that if you have transferred your Product to the applicable carrier or shipper, you will use commercially reasonable efforts to stop or cancel delivery by such carrier or shipper). You will refund any customer that has been charged for an order that TBS stops or cancels.

E.Password Security. Your password may be used only to access the Site, use the Services, electronically sign your Transactions, and review your completed Transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.

F.Illegal Activity.

(1)Generally. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and TBS will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

(2)Monitoring and Investigation. TBS has the right, but not the obligation, to monitor any activity and content associated with the Site and investigate as it deems appropriate. TBS also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, without limitation, issuing warnings, suspending or terminating

service, denying access, and removal of any materials on the Site, including listings. TBS reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.

(3)Reporting. TBS reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, protect TBS's systems and customers, or ensure the integrity and operation of TBS's business and systems, TBS may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history, and posted content.

G.Terms of Use; Privacy Policy; Use of Transaction Information.

(1)Terms of Use; Privacy Policy. You are required to read and familiarize yourself with TBS's Terms of Use ("Terms of Use") and Privacy Policy ("Privacy Policy"). The Terms of Use and Privacy Policy are subject to change without notice, so you should review them periodically for changes.

(2)Personally Identifiable Information. When you use the Services, some personally identifiable information about you, including your feedback and the e- mail address associated with your account, may be displayed on the Site and may be viewed by potential buyers.

(3)Transaction Information. Except as otherwise expressly provided in the next sentence, you shall (and shall cause all of your affiliates to) refrain from directly or indirectly disclosing, conveying or using any order information or other data or information that you or your affiliates acquire from TBS (or otherwise) as a result of Transactions, this Vendor Agreement, or the parties'

performance under this Agreement (collectively, "Transaction Information"). Notwithstanding the preceding sentence, you may disclose Transaction Information solely as is necessary for you to perform your obligations under this Vendor Agreement, provided that you ensure that every recipient uses such disclosed information only for that purpose and complies with the restrictions applicable to you regarding that information. The terms of this Section G(3) do not prevent you from using other information that you obtain separately from the Transaction Information, even if such information is identical to Transaction Information, provided that you do not target communications on the basis of the intended recipient being a user of the Site.

H.Disclaimer of Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TBS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

(i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT;

(ii)ANY WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL

ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;

(iii)ANY WARRANTIES THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;

(iv)ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

(v)ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF TBS.

TBS DISCLAIMS ALL SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

I.Indemnification.

(1)Generally. You shall defend, indemnify and hold harmless TBS, its affiliates and their respective officers, directors, shareholders, members, employees, licensees, agents, successors and assigns from and against all Liabilities (as defined in Section I(2)) arising in connection with or resulting from (i) any alleged or actual defect in any Product, (ii) any injury to person or damage to property that may occur in connection with the furnishing, handling, use or operation of any Product, (iii) the infringement (or alleged infringement) of the proprietary rights of any third party by any Product or any trademark or other intellectual property associated with any Product, (iv) the inaccuracy of any information you supply concerning any Product or its properties, attributes or capabilities, (v) any violation or alleged violation by you or any Product of any component thereof of any governmental law, rule and/or regulation including, without limitation, governmental law, rule and/or regulation relating to the packaging, labeling, safety, transportation, manufacture, sale, importation, distribution and/or advertising of any Product, or (vi) the breach of any of your representations, warranties, covenants, obligations, agreements or duties under this Agreement or negligence, recklessness or intentional misconduct.

(2)"Liabilities" Defined. For purposes of this Agreement, "Liabilities" shall mean all claims of third parties and liabilities and expenses incurred in connection with such claims (whether or not in connection with proceedings before a court, arbitration panel, administrative agency, hearing examiner or other tribunal), including, without limitation, damages (whether direct, consequential, incidental, special, or punitive), judgments,

awards, fines, penalties, settlements, investigations, costs, and attorneys fees and disbursements.

(3)Procedure. Promptly after learning of the occurrence of any event which may give rise to its rights under the provisions of this Section I, each indemnitee shall give written notice of such matter to you. The indemnitee shall cooperate with you in the negotiation, compromise and defense of any such matter. Except as otherwise expressly provided in this Section I(3), you shall be in charge of and control such negotiations, compromise and defense, shall have the right to select counsel for such purpose and shall promptly notify the indemnitee of all developments in the matter. Without releasing any of your liabilities, obligations or undertakings, the indemnitee may, at its sole discretion and expense, participate in any such proceedings through counsel of its own choosing. You may not, without the prior written consent of the indemnitee, enter into any compromise or settlement of any such matter the terms of which (i) are not confidential, (ii) in any way admit the indemnitee's liability or (iii) require the indemnitee to take or refrain from taking any action or make any payment; and the indemnitee shall not be bound by any such compromise or settlement absent its prior consent. In any case in which you fail or refuse to assume the defense of any matter as to which your indemnity obligations apply (whether or not litigation has formally been instituted), the indemnitee may assume such defense, and you shall be responsible for any compromise or settlement of such matter reached by the indemnitee and all attendant Liabilities.

J.Confidentiality.

(1)Limitations on Disclosure and Use. You shall (and you shall cause your officers, employees and agents to) (i) hold all Confidential Information (as defined in Section J(2)) disclosed to or otherwise obtained by you in the strictest confidence and protect all such Confidential Information with at least the same degree of care that you exercise with respect to your own proprietary information (which, in any event, shall not be less than a reasonable degree of care under the circumstances) and (ii) use Confidential Information solely for the purposes expressly contemplated by this Agreement. You shall (and you shall cause your officers, employees and agents to) refrain from disclosing Confidential Information to any third party without first obtaining the express written permission of TBS, and you shall limit disclosure of Confidential Information to your officers, employees and agents on a need-to-know basis for purposes of fulfilling your obligations under and achieving the purposes of this Agreement, provided that such persons are bound by obligations of confidentiality at least as restrictive as those set forth in this Agreement.

(2)"Confidential Information" Defined. For purposes of this Agreement, "Confidential Information" shall mean the financial terms of this Agreement and all

nonpublic proprietary information of TBS, whether or not written or otherwise fixed in any form or medium, regardless of the media on which contained and whether or not patentable or copyrightable, which is designated as (or which, by its nature, is inherently) confidential, including, without limitation, trade secrets, technical specifications, customer or client lists, business information, marketing programs, plans and strategies, financial information, memoranda, work papers, notes, reports and sales information. For purposes of this Agreement, Confidential Information shall not be deemed to include information that

(i)is or becomes within the public domain through no act of yours in breach of this Agreement; (ii) was lawfully in your possession without any restriction on disclosure prior to its disclosure; (iii) you have lawfully received from another source without any restriction on disclosure; or (iv) is deemed in writing by TBS no longer to be Confidential Information.

(3)Legally Required Disclosures. If any Confidential Information is required to be disclosed by order of any court of competent jurisdiction or other governmental authority, you shall timely inform TBS of all such proceedings so that TBS may attempt by appropriate legal means to limit such disclosure. In such case, you shall use your best efforts to limit the disclosure and maintain confidentiality to the maximum extent possible.

(4)Effect of Termination. Promptly after the termination of this Agreement, you shall destroy or return to TBS all Confidential Information in your possession and, upon request of TBS, provide a written verification of such destruction or return. Your attorney may retain a copy of such information in a sealed file. You may additionally retain copies of such information in your electronic archive and backup files that are not accessed in the ordinary course of business. Your obligations under this Section with respect to Confidential Information shall survive indefinitely following the termination of this Agreement.

K.Damage Exclusion. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TBS DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT

LIMITATION, DIRECT, INDIRECT, INCIDENTAL,

PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE VENDOR AGREEMENT, THE SITE, THE SERVICES, TRANSACTION PROCESSING, THE INABILITY TO USE THE SERVICES OR TRANSACTION PROCESSING, OR RESULTING FROM ANY GOODS OR

SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

L.Grant of License. By entering into this Vendor Agreement and using the Services, you are deemed to have granted TBS a royalty-free, non-exclusive, worldwide,

perpetual, irrevocable right and license to (i) use, reproduce, perform, display, distribute, adapt, modify, re- format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, all of the content you submit to TBS and (ii) sublicense the foregoing rights to TBS's affiliates and operators of any website or other online point of presence (other than the Site) through which the Site or Products available thereon are syndicated, offered, merchandised, advertised or described. TBS may not, however, alter any of your trademarks (i.e., trademarks of yours that you provide to TBS in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any Product-specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same). Moreover, TBS will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Site or Services). Nothing in this Vendor Agreement shall, however, prevent or impair TBS's right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to TBS and that the use of such materials by TBS will not infringe upon or violate the rights of any third party.

M.Termination. TBS may, in its sole discretion, terminate this Vendor Agreement, access to the Site or the Services for any reason immediately and without notice. TBS shall notify you of any such termination as promptly as practicable. You shall not have any claim whatsoever against TBS arising from any such termination of this Vendor Agreement (including, without limitation, any claim based on delay, lost profits, or loss of opportunity), all such claims having been deemed waived.

N.Miscellaneous.

(1)Entire Agreement. This Vendor Agreement, together with the Terms of Use and Privacy Policy, contains the complete, entire and exclusive statement of the parties' understanding with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between them with respect to such subject matter. Each party has executed this Vendor Agreement without reliance upon any promise, representation or warranty other than those expressly set forth in this Vendor Agreement.

(2)Amendment. No amendment of this Vendor Agreement shall be effective unless embodied in a written instrument executed by both of the parties.

(3)Waiver of Breach. The failure of TBS at any time to enforce any of the provisions of this Vendor Agreement shall not be deemed or construed to be a waiver of any such provision, nor in any way to affect the validity of this Vendor Agreement or any of its provisions or the right of TBS to thereafter enforce each and every provision of this Vendor Agreement. No waiver of any breach of any of the provisions of this Vendor Agreement shall be effective unless set forth in a written instrument executed TBS, and no waiver of any such breach shall be construed or deemed to be a waiver of any other or subsequent breach.

(4)Governing Law. This Vendor Agreement shall be governed by and construed in accordance with the internal substantive and procedural laws of the State of Missouri without regard to conflict of laws principles.

(5)Dispute Resolution. Each party consents that all disputes arising out of or relating to the interpretation or performance of this Vendor Agreement shall be resolved and settled by binding arbitration conducted in accordance with the arbitration rules of the American Arbitration Association (the "AAA Rules") and not in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Vendor Agreement as a court would. Arbitration shall be conducted by a single arbitrator who is mutually agreeable to the parties (or if no agreement can be reached, then selected in accordance with the AAA Rules). You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in St. Louis, MO. Arbitration shall be conducted in the English language and shall binding on the parties. Judgment upon the award rendered in the arbitration may be entered in any court of competent jurisdiction. The expense of the arbitration shall be borne equally between the parties to the arbitration, except that each party shall pay for and bear the costs of its own expert, evidence and legal counsel. Each party waives and agrees not to assert any defense in a proceeding for the enforcement of such an arbitration award that such arbitration proceeding lacked jurisdiction over the party, claim an inconvenient or improper forum, or the like. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial. Moreover, each party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

(6)Agency; Third-Party Beneficiaries. Except as otherwise expressly set forth in this Vendor Agreement, you and TBS are independent contractors, and nothing in this Vendor Agreement serves to create any partnership,

joint venture, agency, franchise, sales representative, or employment relationship between the parties. Nothing expressed in or implied from this Vendor Agreement is intended or shall be construed to give to any person other than the parties to this Vendor Agreement any legal or equitable right, remedy, or claim under or in respect to this Vendor Agreement. This Vendor Agreement and all of its representations, warranties, covenants, conditions, and provisions are intended to be and are for the sole and exclusive benefit of TBS and you

(7)Severability. All of the provisions of this Vendor Agreement are intended to be distinct and severable. If any provision of this Vendor Agreement is or is declared to be invalid or unenforceable in any jurisdiction, it shall be ineffective in such jurisdiction only to the extent of such invalidity or unenforceability. Such invalidity or unenforceability shall not affect either the balance of such provision, to the extent it is not invalid or unenforceable, or the remaining provisions of this Vendor Agreement, nor render invalid or unenforceable such provision in any other jurisdiction.

(8)Survival. Those provisions of this Vendor Agreement which are expressly or implicitly intended to survive its termination (including, without limitation, Section 9 and Sections A, B, G(3), H, I, J, K, and N of these Additional Terms and Conditions) shall survive the termination of this Vendor Agreement.

(9)Inconsistency. The terms, conditions, obligations, rights and remedies provided in this Vendor Agreement, the Terms of Use and the Privacy Policy are intended to be consistent and cumulative. In the event, however, of any inconsistency between the terms and conditions of this Vendor Amendment and those of the Terms of Use or the Privacy Policy, the terms and conditions of this Vendor Amendment shall govern.

(10)Interpretation and Construction. This Vendor Agreement has been fully and freely negotiated by the parties, shall be considered as having been drafted jointly by the parties, and shall be interpreted and construed as if so drafted, without construction in favor of or against any party on account of its participation in the drafting of this Vendor Agreement.

(11)Headings. The headings of sections and subsections have been included for convenience only and shall not be considered in interpreting this Vendor Agreement.

(12)Acceptance; Binding Effect. By accessing the Site and using the Services you are deemed to have accepted and agreed to be bound by the terms of this Vendor Agreement. This Vendor Agreement may be executed and delivered via electronic transmission (including by affirmatively indicating acceptance of this Vendor Agreement online) with the same force and effect as if it were executed and delivered by the parties simultaneously in the presence of one another.