Common use of Policies and Pricing Clause in Contracts

Policies and Pricing. End-Users who purchase or order Title Linked Services via the Ellie Mae Platform shall be duly authorized by Ellie Mae to use the Ellie Mae Platform and be either an existing customer of First American Title or shall register as a new customer of First American or First American Title in accordance with First American Title’s terms and conditions. Accordingly, all First American Title policies and operating procedures concerning customer orders, customer service and service sales will apply to those End-Users. First American Title may change its policies and operating procedures at any time upon proper notice to such End-Users. For example, First American Title will determine the prices to be charged for the Title Linked Services sold in accordance with First American Title’s own pricing policies, subject to the following. Although Title Linked Service prices and availability may vary from customer-to-customer and from time-to-time, First American Title will not discriminate against any End-User in any manner, including service levels, price or product offerings, in connection with any Title Linked Service. First American Title reserves the right not to provide Title Linked Services to any End User. Because price changes may affect Title Linked Services listed on the Ellie Mae Website, Ellie Mae shall not include price information in its Title Linked Service descriptions.