se two dates do not need to be the same.

• On page 2, Section 2, Election, mark your choice (Purchase or Rental). If you select Step 10. Purchase, we suggest you also select the Equipment Replacement Program to cover your Terminals in case of malfunction.
• On page 3, enter the legal entity name of the Operated Location, Participating Step 11, Franchisee or Sub-Franchisee on the first line. On the remaining lines, sign and enter your name, title, street address, city, state and zip code of the legal entity along with the date Addendum #1 is signed.
• Following page 3, complete and sign the FD Prepaid Implementation and Step 12. Boarding Form Version Dq.
• Return both completed and signed originals of the Participation Agreement and Step 13. Credit Application to the following fax number:

FAX: 1-402-916-8946

After processing your Participation Agreement, GIFT will return 1 fully executed copy of the Participation Agreement to you. Accompanying your copy of the Agreement will be a cover letter containing your GIFT Merchant ID Number and First Data Net log-on information with password to access your gift card reconciliation reports via the Internet.

Participation Agreement for U.S. Franchisees and Sub-Franchisees of DQ GC Inc.

This "Participation Agreement" is between First Data Resources, LLC, successor in interest to Gift Solutions LLC, f/k/a ValueLink, LLC ("GIFT") and _______ [insert full legal name] ("Operated Location," "Participating Franchisee" or "Sub-Franchisee"), and shall be effective on the latest date that appears in the signature block. Unless otherwise indicated herein, "party" or "parties" refer to GIFT and/or Participating Franchisee or Sub-Franchisee. "Processor" refers to GIFT and its agents. A "Designated Location" is a Dairy Queen Restaurant and/or Orange Julius Store owned and operated by Participating Franchisee or Sub-Franchisee.

Background

• DQ GC Inc. ("Client") and GIFT entered into that certain Agreement, dated JUNE 14, 2006 (the "Agreement"), pursuant to which Client operates a stored value card program ("Client's Program" or the "Program") and GIFT provides to Client data processing and related services for the Program;
• Operated Location (which are Designated Locations operated by Client), Participating Franchisee or Sub-Franchisee (which collectively are franchisees of Client) desire to participate in the Program and Client has approved Operated Location, Participating Franchisee or Sub-Franchisee to participate in the Program; and
• Operated Location, Participating Franchisee or Sub-Franchisee will engage GIFT to provide, and GIFT has agreed to provide to Operated Locations, Participating Franchisee or Sub-Franchisee, the Services, as defined below, for the Program in accordance with the terms of this Participation Agreement.

The parties agree as follows:

• 1 GIFT Responsibilities. GIFT will provide these services (the "Services"):
  • 1.1 Database; Reports. GIFT will maintain a Database of Card Data. "Card Data" is the transaction record and current value of each Card recorded in the Database. The "Database" is the information repository software owned and operated by GIFT or its suppliers.
  • 1.2 Authorization. GIFT will respond to authorization requests and process Card transactions received at GIFT's data processing center in GIFT's designated format ("Authorization"). GIFT will reduce the Card balance by the amount authorized. Operated Locations, Participating Franchisee or Sub-Franchisee will obtain payment from the Cardholder for any deficiency between the purchase price and the amount authorized. "Cardholder" means any person possessing or using a Card or Card number. Authorizations will be provided in a real time or batch environment, as mutually agreed. Authorizations will be based on the available balance recorded in the Database.

Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)