Taylor Made Golf Company’s VIP Rewards Pilot Program Terms and Conditions Revised: June 22, 2015 These Terms and Conditions (the “Terms”) govern your use of the Taylor Made Golf Company (“TMaG”) VIP Rewards Pilot Program (“VIP Program”). Please read these Terms carefully. By enrolling in the program, you agree to be bound by these Terms. The Program is a pilot program. TMaG may, at any time, suspend, modify, or terminate the Program or these Terms without any further obligations or benefits to Program members with or without notice. Eligibility To join the VIP Program, you must (1) be 18 years old or older and a legal resident of the United States, (2) receive an invitation from TMaG to the VIP Program, and (3) complete the entry survey presented to you by TMaG. By enrolling and participating in the VIP Program, you represent that you meet these eligibility requirements. TMaG will determine who will receive invitations to the VIP Program in its sole discretion. Rewards Members of the VIP Program will receive the following benefits: • Express shipping on online orders • Early access to the TaylorMade Vault, an online store featuring limited TaylorMade and adidas product • Birthday incentive • Members-only sweepstakes Privacy and Consent to Marketing The information you provide as a member of the program will be managed by TMaG as described in TMaG’s Privacy Policy http://taylormadegolf.com/shared-customer-service-customer-legal/privacy.html. By becoming a member of the Program, you consent to receive marketing, promotions, special events, and other communications from TMaG, its affiliates, and brands. Termination You may cancel your Program membership at any time by notifying TMaG by mail, e-mail, or telephone (contact information below). TMaG reserves the right to terminate your Program membership if you, in TMaG’s sole discretion, violate any of these Terms or any applicable law or commit any other abuse of the Program. Disclaimer and Limitation of Liability THE VIP PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TMAG DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE VIP PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TMAG WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE VIP PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Venue and Choice of Law ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE TERMS OR THE RIGHTS AND OBLIGATIONS OF YOU OR TMAG IN CONNECTION WITH THE VIP PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENROLLING OR PARTICIPATING IN THE VIP PROGRAM, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE VIP PROGRAM SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN SAN DIEGO COUNTY, CALIFORNIA. Arbitration By enrolling in and participating in the VIP Program, you agree: (i) that any and all disputes you may have with, or claims you may have against TMaG or its affiliates relating to, arising out of or connected in any way with (a) the VIP Program, (b) these Terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TMaG will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and TMaG also have the right to bring qualifying claims in small claims court. In addition, you and TMaG retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms. Neither you nor TMaG may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or TMaG’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TMAG WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with TMaG. Miscellaneous In all matters relating to the administration of the VIP Program, the decisions of TMaG shall be final. TMaG is not responsible for communication problems of any kind relating to the VIP Program. Under no circumstances will TMaG be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. The failure of TMaG to enforce any right or provision of these terms will not prevent TMaG from enforcing such right or provision in the future. These Terms cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of TMaG. TMaG may assign its rights and obligations under these terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. Questions If you have any questions about the VIP Program, we’ll do our best to answer them. Here is how to contact us: Phone: 760-918-6153 E-mail: keith.baltus@tmag.com Address: TaylorMade-adidas Golf Attn: eCommerce team Carlsbad, CA 92008 PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE TMAG WEBSITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.