Employer Benefits Program Terms

Employer Benefits Program Terms

These Gen Employer Benefits Program Terms (Terms), with the Gen Benefits Group Application (Application), form the Agreement. This Agreement relates to the Gen Employer Benefits Program (Program). It is between the Gen Digital entity specified in section 9 below (Gen) and the employer (Employer) identified on the Application.

1. The Services. The Gen services are detailed in the Application (Services). Employer will market the Services to individuals eligible under its Employer benefits plans (Eligible Person). When the Eligible Person is enrolled into the Services and their account is activated (End User), their relationship with Gen is governed by Gen’s end user license agreement and global privacy statement (End User Terms) as agreed by the Eligible Person on enrollment and prior to Service activation. Gen will enable the Services to End Users on behalf of the Employer for the Term specified in the Application and will notify End Users of any changes to the Services in accordance with the End User Terms.

2. Employer’s Rights and Restrictions. During the Term, Gen may provide Employer with Gen owned documentation including but not limited to marketing materials, websites or other materials (Documents). Employer is only permitted to use such Documents to market the Services to Eligible Persons and will comply at all times with Gen’s trademark usage guidelines at www.nortonlifelock.com/us/en/legal/. Employer will not alter the Documents without Gen’s prior written consent, or represent Gen as an insurance company, or as providing any insurance or credit repair services to End Users. Neither party will reference the other for marketing or publicity purposes.

3. Enrollment Requirements. For the Employer’s End Users to be able to enroll in or access Services, Gen must receive the required enrollment information (Enrollment Information). Gen may either reduce or cancel the Services to End Users without any liability, for: (a) incomplete or inaccurate Enrollment Information, (b) failure by an End User to fully activate the Services or, (c) where the End User is unable to be verified for the particular Service.

4. Confidentiality. If a party receives the other’s designated confidential or proprietary information, it may only be used for the Program and to fulfill this Agreement. Sharing it with third parties is not allowed except when the Employer needs to share it with their broker or as legally required.

5. Personal Data and Information Security. Employer shall provide Gen the Enrollment Information and shall ensure that all necessary consents and agreement to End User Terms have been obtained before providing any information relating to an identified or identifiable natural person (Personal Data) to Gen. Once enrolled the processing of End User’s Personal Data will be carried out by Gen, and it becomes the responsibility of Gen as sole data controller. If a Data Processing Agreement (DPA) is required the applicable DPA is here: www.nortonlifelock.com/us/en/privacy/data-protection-agreements (or any successor website). Gen will comply with the information security standards as further detailed below: https://www.nortonlifelock.com/content/dam/norton/pdfs/legal/GEN_Information_Security_Standards_ext_092424.pdf

6. Disclaimers. Gen makes no express or implied warranties or representations of any kind to Employer or any other party.

7. Liabilities. Employer shall be solely liable for any employee-related costs and taxes associated with the procurement of the Services for its employees. To the extent allowed by applicable law, neither party shall be liable for any indirect, special or consequential damages and Gen’s total liability under or in connection with the Agreement is limited to net revenue received by Gen for the relevant Services in the 12 months before the dispute.

8. General. When this Agreement or an End User’s relationship with Employer terminates, the End User will continue to receive the Services procured by the Employer on their behalf through the end of their paid term. All notices must be sent to the addresses specified in the Application with a copy to Legal.Department@gendigital.com. This Agreement may not be assigned without prior written consent, except to a party’s affiliates or successors in a merger, acquisition or asset sale. A party’s waiver or failure to exercise any right or require performance under the Agreement is not a waiver of any further failure. The Agreement is governed exclusively by the laws specified below without regard to principles of conflicts of law. If Company is based in EMEA: The laws of Ireland. Venue for legal action will be the Irish courts, Dublin; If Company is based in Japan: The laws of Japan. Venue for legal action will be the Japanese courts; If Company is based in the Asia Pacific region: The laws of Singapore. Venue for legal action will be the courts of Singapore. If Company is based in the Americas: The laws of California. Venue for legal action will be the courts of Santa Clara County, California. Company waives any right to have this Agreement officially written in the language of the applicable Territory where applicable. In the event of translation, the English version shall prevail. Without limiting Section 2 (Employer’s Rights and Restrictions), each party is not an agent or subcontractor of the other and has no right to represent or create any obligation on behalf of the other. Not all Services or Service features may be available in all jurisdictions. This is the entire agreement between the parties for the Services and changes to these Terms must be made in writing and be signed by both parties, but the parties may modify the Application as mutually agreed in writing by their authorized representatives. Each party will comply with all applicable laws and regulations, including export compliance, anti-money laundering and anticorruption laws.

9. Applicable Gen Entity: Based on your location as specified in the Application, Gen shall mean:

29 January 2025