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DocuSign Envelope ID:24BBAFA9-CD81-4144-ACEF-E9036E703739 <br /> 8. infringement of trade dress, domain name, title or slogan, or the dilution or <br /> infringement of trademark or service mark, or improper deep-linking or framing or <br /> infringement of domain name including cybersquatting violations; <br /> 9. negligence regarding the content of any Media Activities, including harm caused <br /> through any reliance or failure to rely upon such content; <br /> 10. misappropriation of a trade secret; <br /> 11. unfair competition including a violation of Section 43(a) of the Lanham Act, but <br /> only if alleged in conjunction with and arising out of any of the acts listed in <br /> paragraphs 7. or 8. above. <br /> Merchant Services Agreement means any agreement between an Insured and a financial <br /> institution, credit/debit card company, credit/debit card processor or independent service operator <br /> enabling an Insured to accept credit card, debit card, prepaid card or other payment cards for <br /> payments or donations. <br /> Money means a medium of exchange in current use authorized or adopted by a domestic or <br /> foreign government as a part of its currency. <br /> Named Insured means the Named Insured listed in the Declarations. <br /> PCI Fines, Expenses and Costs means the monetary amount owed by the Insured <br /> Organization under the terms of a Merchant Services Agreement as a direct result of a <br /> suspected Data Breach. With the prior consent of the Underwriters, PCI Fines, Expenses and <br /> Costs includes reasonable and necessary legal costs and expenses incurred by the Insured <br /> Organization to appeal or negotiate an assessment of such monetary amount. PCI Fines, <br /> Expenses and Costs will not include any charge backs, interchange fees, discount fees or other <br /> fees unrelated to a Data Breach. <br /> Penalties means: <br /> 1. any monetary civil fine or penalty payable to a governmental entity that was <br /> imposed in a Regulatory Proceeding; and <br /> 2. amounts which the Insured is legally obligated to deposit in a fund as equitable <br /> relief for the payment of consumer claims due to an adverse judgment or <br /> settlement of a Regulatory Proceeding (including such amounts required to be <br /> paid into a "Consumer Redress Fund"); <br /> but will not include: (i) costs to remediate or improve Computer Systems; (ii) costs to <br /> establish, implement, maintain, improve or remediate security or privacy practices, <br /> procedures, programs or policies; (iii) audit, assessment, compliance or reporting costs; <br /> or (iv) costs to protect the confidentiality, integrity and/or security of Personally <br /> Identifiable Information or other information. <br /> The insurability of Penalties will be in accordance with the law in the applicable venue <br /> that most favors coverage for such Penalties. <br /> Period of Restoration means the 180-day period of time that begins upon the actual and <br /> necessary interruption of the Insured Organization's business operations. <br /> F00731 <br /> 022019 ed. Page 11 of 24 <br />