Definitions

For purposes of this Web site and all agreements created through use of this Web site, the following capitalized terms shall have the meanings set forth below:

1.1 "Client" means any entity or individual who uses the Ellie Mae Web Site or any Ellie Mae Product or Service offered through the Ellie Mae Web Site.

1.2 "Client Branding Materials" means all materials provided by a Client for use in branding an MBA Web Site, including without limitation all text and images of that Client's trademarks and service marks.

1.3 "Client Content" means all materials provided by a Client for incorporation into an MBA Web Site, including without limitation text, trademarks or service marks, images, illustrations, graphics and/or multimedia files.

1.4 "Ellie Mae Content" means any materials provided by Ellie Mae for incorporation in an MBA Web Site, including without limitation text, script, programming code, data, HTML code, images, illustrations, graphics, and/or multimedia files.

1.5 "Ellie Mae Marks" means "Ellie Mae", "GENESIS", "CONTOUR", "ePASS" and all other trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans of Ellie Mae, Inc.

1.6 "Ellie Mae Products and Services" means, collectively, Ellie Mae's Document Services, the Ellie Mae Content, the ePASS Portal, the ePASS Business Services, the ePASS Content, the Hosting Services, any Loan Officer Tools, any MBA Web Site, the Web Software and any other products or services offered by Ellie Mae from time to time.

1.7 "Ellie Mae Web Site" means the Internet Web site operated by Ellie Mae at the following URL: www.elliemae.com/legal and any successor Ellie Mae Web site.

1.8 "ePASS Business Services" means the loan origination and processing services hosted through the ePASS Portal from time to time by Ellie Mae in its sole discretion.

1.9 "ePASS Content" means all information, text, data, graphics, files, pages, works and/or materials provided on, within, displayed, linked or transmitted to, from or through the ePASS Portal, including without limitation images, photographs, illustrations, audio clips, video clips, e-mail or other messages, metatags, domain names and software.

1.10 "ePASS Portal" shall mean the Internet Web site operated by Ellie Mae for use by its Clients, wholesale lenders, and service providers and containing such ePASS Content as Ellie Mae may deem appropriate in its sole discretion from time to time during the term of this Agreement. 1.11 "Hosting Services" means any web site hosting services offered by Ellie Mae from time to time, in its sole discretion. 1.12 "Loan Officer Tools" means those software application programs and tools which Ellie Mae may in its sole discretion from time to time develop and/or license and make available to assist mortgage brokers and loan agents in performing loan origination functions.

1.13 "MBA" or "Mortgate Broker Affiliate" means any entity or individual who is in the business of mortgage and loan origination and processing and licenses an MBA Web Site from Ellie Mae.

1.14 "MBA Web Site" means any Internet Web site to be private-labeled and operated by Ellie Mae on behalf of a Client pursuant to an Ellie Mae Services Agreement.

1.15 "Services Agreement" means an Ellie Mae Services Agreement entered into between Ellie Mae and a Client.

1.16 "Web Software" means any operating system, database software, application or other software used by Ellie Mae in providing the ePASS Business Services and operating the ePASS Portal or any MBA Web Site.