Xaxis, Inc.

Re: Complaint ID# *** Ladies and Gentlemen: Reference is made to your letter, dated October *, 2015, to Xaxis, Inc(“Xaxis” or “we”) with respect to Complaint ID# *** (the “Letter”)In the Letter, the desired settlement is for Xaxis to comply with the rules of the Digital Advertising
Alliance, specifically to “refrain from browser tracking when requested to do so and not reinitiate that tracking.” Both now and during the period covered by the complaint, Xaxis has respected users’ opt-out choices, refrained from browser tracking when requested to do so and not reinitiated that tracking, and we will continue to respect opt-out out choices through such practicesXaxis is firmly committed to protecting user privacy and fostering user confidence in the Internet and digital advertising, including through our commitment to observing applicable industry guidelines, such as those established by the Digital Advertising Alliance (“DAA”) and the Network Advertising Initiative (“NAI”)In fact, Xaxis (as successor to 24/Real Media, Incand 24/Media, Inc.) has been a member of both self-regulatory organizations since their respective formations, and also serves on the Executive Committee of the Board of Directors of the NAIWe take privacy and our self-regulatory obligations seriously, including the core privacy principle of user choice, which is typically reflected through exercise of an opt-out mechanism such as the mechanism on the DAA’s consumer choice page (***)We take all reasonable efforts to ensure that our opt-out functions properly to afford users the choice to opt out of customized advertising via Xaxis servicesIn fact, we have implemented a third-party monitoring tool (HP SiteScope) that sends automated alerts to responsible employees if and when the monitoring tool identifies a potential issue with the operation of the opt-outWe have every reason to believe that we are refraining from browser tracking when requested to do so and are not reinitiating that trackingUnrelated to the Letter, I personally checked the consumer choice page of the NAI (which also operates the functionality for the opt-out mechanism on the DAA site) on September **, and September **, 2015, and in both instances the opt-out appeared to be functionalFollowing receipt of the Letter, I checked the consumer choice pages of both the NAI and the DAA multiple times (including before and after restart) on October *, and October *, 2015, using both a Chrome browser and an Internet Explorer browser, and in all instances the opt-out appeared to be functional, and prior opt-out elections remained respectedIn addition, following my request, a non-Xaxis employee outside the Xaxis firewall also checked the consumer choice pages of both the NAI and the DAA multiple times (including before and after restart) on October *, and October *, 2015, using both a Chrome browser and an Internet Explorer browser, and in all instances the opt-out also appeared to be functional, and prior opt-out elections remained respectedIf you have any questions, please call me at ###-###-#### or email me at ***As I likely will be out of the office during the weeks of October **, and October **, 2015, please include Xaxis’s outside privacy counsel, *** *** *** of *** & *** (*** on all emails, and please call *** *** (###-###-####) if you try and are unable to reach me by phoneBest regards, XAXIS, INCBy: Matthew H***, SVP, General Counsel

Re: Complaint ID# *** Ladies and Gentlemen: Reference is made to your letter, dated October *, 2015, to Xaxis, Inc(“Xaxis” or “we”) with respect to Complaint ID# ***
(the “Letter”)In the Letter, the desired settlement is for Xaxis to comply with the rules of the Digital Advertising Alliance, specifically to “refrain from browser tracking when requested to do so and not reinitiate that tracking.” Both now and during the period covered by the complaint, Xaxis has respected users’ opt-out choices, refrained from browser tracking when requested to do so and not reinitiated that tracking, and we will continue to respect opt-out out choices through such practicesXaxis is firmly committed to protecting user privacy and fostering user confidence in the Internet and digital advertising, including through our commitment to observing applicable industry guidelines, such as those established by the Digital Advertising Alliance (“DAA”) and the Network Advertising Initiative (“NAI”)In fact, Xaxis (as successor to 24/Real Media, Incand 24/Media, Inc.) has been a member of both self-regulatory organizations since their respective formations, and also serves on the Executive Committee of the Board of Directors of the NAIWe take privacy and our self-regulatory obligations seriously, including the core privacy principle of user choice, which is typically reflected through exercise of an opt-out mechanism such as the mechanism on the DAA’s consumer choice page (***)We take all reasonable efforts to ensure that our opt-out functions properly to afford users the choice to opt out of customized advertising via Xaxis servicesIn fact, we have implemented a third-party monitoring tool (HP SiteScope) that sends automated alerts to responsible employees if and when the monitoring tool identifies a potential issue with the operation of the opt-outWe have every reason to believe that we are refraining from browser tracking when requested to do so and are not reinitiating that trackingUnrelated to the Letter, I personally checked the consumer choice page of the NAI (which also operates the functionality for the opt-out mechanism on the DAA site) on September **, and September **, 2015, and in both instances the opt-out appeared to be functionalFollowing receipt of the Letter, I checked the consumer choice pages of both the NAI and the DAA multiple times (including before and after restart) on October *, and October *, 2015, using both a Chrome browser and an Internet Explorer browser, and in all instances the opt-out appeared to be functional, and prior opt-out elections remained respectedIn addition, following my request, a non-Xaxis employee outside the Xaxis firewall also checked the consumer choice pages of both the NAI and the DAA multiple times (including before and after restart) on October *, and October *, 2015, using both a Chrome browser and an Internet Explorer browser, and in all instances the opt-out also appeared to be functional, and prior opt-out elections remained respectedIf you have any questions, please call me at ###-###-#### or email me at ***As I likely will be out of the office during the weeks of October **, and October **, 2015, please include Xaxis’s outside privacy counsel, *** *** *** of *** & *** (*** on all emails, and please call *** *** (###-###-####) if you try and are unable to reach me by phoneBest regards, XAXIS, INCBy: Matthew H***, SVP, General Counsel