Victra Value Secondary Agreement

I understand and acknowledge that ABC Phones of North Carolina, Inc., DBA Victra (“Victra”) and TracFone Wireless, Inc. (“TracFone”) are two separate and entirely independent companies. As such, I have obligations to Victra that are separate from my obligations to TracFone.

Amounts due to Victra will be considered past due after thirty (30) days. Interest will accrue on any past due amounts at the lower of (i) 18% per annum or (ii) the highest interest rate allowable under applicable law. Additionally, in the event Victra undertakes any formal or informal collection activities (either directly or through an authorized third party), then in addition to the principal and accruing interest, I also agree to pay all costs of collection including but not limited to a collection fee of up to 40% of the principal balance (or such lesser amount as set by specific state law), arbitration costs, court costs, and reasonable attorney’s fees.

I hereby agree that (a) any dispute(s) I have with Victra will be resolved via arbitration only (or qualifying small claims actions): and (b) that I am waiving all of my rights to participate, either directly or indirectly, in any class action litigation against Victra. The arbitration committee shall consist of one party selected by each of you and Victra, and the two so selected shall select one more to create a three-member panel. The decision of this group shall be binding. Each party shall pay for the arbitrator it selected as well as one half of the costs of the third arbitrator selected. Unless otherwise agreed, the rules of arbitration shall be as set forth in Article 45C of Chapter 1 of the North Carolina General Statutes, as amended (the “Revised Uniform Arbitration Act”). The mediation and/or arbitration shall take place in Wake County, North Carolina. Any demand for mediation or arbitration must be made during the period of any applicable statute of limitations.

I hereby grant my consent to Victra to access and transfer my calendar, contacts, e-mail, media and other data on my old device(s), and understand that Victra is not responsible for any loss or corruption thereof.

To the extent I am leasing/financing any device(s), I understand that I will be assessed sales tax on the full purchase price of all such device(s).

TO THE FULLEST EXTENT PERMITTED BY LAW, I UNDERSTAND THAT VICTRA WILL NOT BE LIABLE TO ME (OR ANYONE THAT MAY CLAIM THROUGH ME) FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON A CLAIM OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OR INVASION OF PRIVACY, OR ANY OTHER THEORY. TO THE FULLEST EXTENT PERMITTED BY LAW, I UNDERSTAND AND AGREE THAT THE MAXIMUM DAMAGES DUE TO ME UNDER ANY THEORY OF RECOVERY SHALL NOT EXCEED THE AMOUNTS PAID BY ME TO VICTRA FOR THE DEVICE(S) AND ACCESSORY(IES) I PURCHASED FROM VICTRA.