BAM Terms of Service Addendum to BAM Racing, LLC DIAMOND SPONSORSHIPSHIP AGREEMENT

BAM will be providing the following services at no charge to Diamond Sponsors that have paid their sponsorship fees by December 31, 2007. All no charge services listed and described herein are subject to change without notice. All Diamond Sponsor services, communication, and bonuses will be provided to DIAMOND SPONSOR through the secure administration website provided (admin site) at http://www.49sponsor.com/admin

2. Acceptance of Terms

BAM will be providing the above services to the DIAMOND SPONSOR subject to the following Terms of Service ("TOS"), which may be updated by BAM from time to time without notice to DIAMOND SPONSOR. DIAMOND SPONSOR can review the most current version of the TOS at any time on DIAMOND SPONSOR’S admin site.

3. Description of Services

Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to the TOS. DIAMOND SPONSOR understands and agrees that the Services are provided "AS-IS" and that BAM assumes no responsibility for the failure to properly use the Services. DIAMOND SPONSOR is responsible for obtaining its own method for accessing and using the Services, and that access may involve third-party fees (such as Internet service provider access). DIAMOND SPONSOR is responsible for these Internet access fees, including any additional fees associated with the advertising and promotion of the Video, Sweepstakes and Website. In addition, DIAMOND SPONSOR must provide and is responsible for all equipment necessary to use and access the Service.

4. Video Use

BAM retains all of the intellectual property ownership rights to the Video, including worldwide Copyrights, but hereby grants DIAMOND SPONSOR a worldwide, non-exclusive and non-transferable license to use and display the video for advertising and promotion of DIAMOND SPONSOR’s sponsorship relationship with BAM until December 31, 2008. However, DIAMOND SPONSOR must use the Video in the exact form and state as delivered to DIAMOND SPONSOR and is strictly prohibited, without limitation, from editing the video. Prohibited editing, includes, but is not limited to; shortening the video, adding other material to the video, cropping the video, splitting the video into different segments, or using the entire video or segments as part of another compilation. The video is intended only to be used as, and states that it is, a dramatization of how DIAMOND SPONSOR’S car would appear if they were chosen to be a primary sponsor through the BAM Request for Proposal (RFP) campaign closed to Diamond Sponsors. Promotion otherwise is prohibited. Use of the video for TV commercials will require a written request detailing use, approval of such request, and possibly a fee to convert web version to format suitable for TV. Requests must be submitted through DIAMOND SPONSOR’S admin site. In addition, during any public display of the Video, DIAMOND SPOPNSOR must clearly state that DIAMOND SPONSOR is currently a DIAMOND SPONSOR, and not a primary sponsor, but has the right and possibility to become a primary sponsor through the BAM Diamond Sponsor Primary Sponsor RFP Campaign and that the Video is for illustrative purposes. BAM is not and will not be responsible for misleading and false advertising claims in connection with DIAMOND SPONSOR’s use of the Video. DIAMOND SPONSOR is strictly prohibited from making any false or misleading statements as to the type of sponsorship they have.

5. Certificate, Icon, and Press Release Use

DIAMOND SPONSOR will receive access in their admin site to an Official Diamond Sponsor Certificate and a Diamond Sponsor Icon, and a custom Press Release verifying their position as a Diamond Sponsor. The Certificate, Icon, and Release may be used by DIAMOND SPONSOR in promoting DIAMOND SPONSOR’S sponsorship. Altering the Certificate, Icon, or Release in any manner is strictly prohibited. DIAMOND SPONSOR is strictly prohibited from making any false or misleading statements or representations with regard to the Certificate, Icon, or Release as to the type of sponsorship they have. DIAMOND SPONSOR must use the Certificate, Icon, and Release in a responsible manner. DIAMOND SPONSOR may initiate use of the Certificate, the Icon, and the Release upon electronic activation of this agreement and must cease use of all December 31, 2008.

6. Sweepstakes Use

VOID WHERE PROHIBITED BY LAW. All entries for the sweepstakes must be entered into the custom digital entry widget (online form) provided DIAMOND SPONSOR. The DIAMOND SPONSOR custom widget will be available in DIAMOND SPONSOR’S admin site at http://www.49RaceCar.com/admin . It will also automatically be included in DIAMOND SPONSOR’S Website. If DIAMOND SPONSOR opts to use the hardcopy entry forms provided in their admin site they must follow this process: 1) entry forms must be created using only the front and back template provided in DIAMOND SPONSOR’S admin site. Each form MUST have the sweepstakes rules on the back as provided; 2) Entrants must personally fill out and sign the form; 3) an authorized representative of DIAMOND SPONSOR must manually enter each form on the DIAMOND SPONSORS custom widget and initial in the place provide on the form when competed; DIAMOND SPONSOR must keep the hardcopy forms entered for one year after the sweepstakes drawing date; 4) DIAMOND SPONSOR is responsible to see that ALL hardcopy entry forms received are entered in the DIAMOND SPONSORS custom widget. 5) The only displays permitted for offline use in promoting the Sweepstakes will be those provided in DIAMOND SPONSOR’S admin site; 6) At BAM, or any government agency governing the use of sweepstakes request DIAMOND SPONSOR must provide hardcopy signed entry forms entered. DIAMOND SPONSOR may promote the sweepstakes in ads only if such ads use the imagery and language provided DIAMOND SPONSOR on their admin site. If one of DIAMOND SPONSOR’S entrants win the sweepstakes two people representing DIAMOND SPONSOR may attend the same race as the winner as BAM’s guest. DIAMOND SPONSOR will be responsible for all travel expenses for their representatives to and from the track. For the race event chosen BAM will provide a guide at the track, meals at the track, and NASCAR passes to the Garage and Pit area. BAM will also put DIAMOND SPONSOR on the 49 Car as an associate sponsor for the race chosen by the winner. BAM will have full authority in the size and location of the space provided.

7. Website Use

DIAMOND SPONSOR nor any representative of DIAMOND SPONSOR is not allowed to alter the race website licensed to DIAMOND SPONSOR in any manner. The license is only in affect for the term of this agreement. If DIAMOND SPONSOR does not renew their sponsorship for another year their website will be deactivated the day after their sponsorship expires. Access to DIAMOND SPONSOR’S custom race website will be through the widget and/or URL provided sponsor in their admin site. The widget may be used to provide access from DIAMOND SPONSOR’S website and the website of DIAMOND SPONSOR’S affiliates providing the site is appropriate and does not promote offensive material. BAM and NASCAR have the sole right to determine what is offensive. If use is deemed offensive DIAMOND SPONSOR is responsible to see that the widget or promotion of the URL is removed within 24 hours of being notified DIAMOND SPONSOR may promote the URL provided in offline print, radio, and TV advertising.

8. Newsletter Use

DIAMOND SPONSOR nor any representative of DIAMOND SPONSOR is not allowed to alter the Newsletter licensed to DIAMOND SPONSOR in any manner. Printed copies distributed must be exact replicas of the original Newsletter. The license is only in affect for the term of this agreement. If DIAMOND SPONSOR does not renew their sponsorship for another year delivery of the newsletter will cease the day after their sponsorship expires. Access to DIAMOND SPONSOR’S Newsletter will be through emails sent to DIAMOND SPONSOR’S sweepstakes entrants by BAM.

9. Optin Database Access

DIAMOND SPONSOR will have access and rights to use to the optin database generated by DIAMOND SPONSOR’S custom sweepstake, race web site, and newsletter. BAM is not responsible for inappropriate use of such database by DIAMOND SPONSOR. BAM also has access and rights to the optin database of DIAMOND SPONSOR to use as they deem fit.

10. Request For Proposal (RFP)

BAM will be providing DIAMOND SPONSOR the opportunity to become a Primary Sponsor Partner (Partner), at no cost to the DIAMOND SPONSOR, for one race during the 2008 season. This is a closed RFP and only available to Diamond Sponsors. DIAMOND SPONSOR must complete the RFP form provided on DIAMOND SPONSOR’S admin site by July 1, 2008 to be considered for a primary sponsorship. Complete details, rules and eligibility requirements for the closed RFP will be made available to DIAMOND SPONSOR on DIAMOND SPONSOR’S admin site after January 1, 2008 when 2008 RFP campaign begins. The Partner will be chosen by BAM and at BAM’s sole discretion. The primary race sponsorship will included but not be limited to the color scheme of the 49 Car matching a color in the Partner’s logo, and the Partner’s name on the hood, TV panel, and upper rear quarter panels of the car. The Partner will also be able to have two representatives from the Partner’s company attend the race as BAM’s guest. Transportation to and from the race event is not included.

11. Privacy Policy

Registration Data and certain other information about DIAMOND SPONSOR is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.49RaceCar.com and http://www.49RaceCar.com/admin . DIAMOND SPONSOR understands that through its use of BAM’s Services, DIAMOND SPONSOR consents to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by BAM and its affiliates.

12. Member Account, Password, and Security

Upon completing the registration process, DIAMOND SPONSOR will receive a password and account information. DIAMOND SPONSOR is responsible for maintaining the confidentiality of its password and account. In addition, DIAMOND SPONSOR is fully responsible for all activities that occur under its password or account and DIAMOND SPONSOR agrees to immediately notify BAM of any unauthorized use of DIAMOND SPONSOR’s password or account or any other breach of security. BAM cannot and will not be liable for any loss or damage arising from DIAMOND SPONSOR’s failure to comply with this Section.

13. Resale of Service

DIAMOND SPONSOR agrees not to reproduce, copy, sell, resell, duplicate, trade or otherwise exploit for any commercial or non-commercial purposes, any portion of the Service (including password and account information), use of the Services, or access to the Services.

14. Modifications of Service

BAM reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. DIAMOND SPONSOR acknowledges that the Services are subject to the approval of NASCAR, Federal and State laws. DIAMOND SPONSOR agrees that BAM shall not be liable to DIAMOND SPONSOR or to any third party for any modification, suspension or discontinuance of any of the Services for any reasons.

15. Termination

DIAMOND SPONSOR agrees that under certain circumstances and without prior notice, BAM may immediately terminate DIAMOND SPONSOR’s account, any associated Websites, and use and access to the Services, including the Video. Cause for such termination shall include, but is not be limited to, requests by law enforcement or other government agencies, request of NASCAR, breaches, violations of the TOS or other incorporated agreements or guidelines, a request by DIAMOND SPONSOR (self-initiated account deletions), unexpected technical or security issues or problems, engagement by DIAMOND SPONSOR in fraudulent or illegal activities, and/or nonpayment of any fees owed by DIAMOND SPONSOR in connection with the Services. Termination of DIAMOND SPONSOR’s account includes removal of access to all offerings within the Services, including but not limited to the Video, Website, Newsletter and Sweepstakes, deletion of DIAMOND SPONSOR’s password and all related information, files and content associated with or inside DIAMOND SPONSOR’s account (or any part thereof), and barring of further use of the Services. Further, DIAMOND SPONSOR agrees that all terminations for cause shall be made in BAM’s sole discretion and that BAM shall not be liable to DIAMOND SPONSOR or any third party for any termination of DIAMOND SPONSOR’s account or access to the Services.

16. Third Party Relationships

DIAMOND SPONSOR’s relationships, correspondence, dealings or participation with any third party found through our Services, are DIAMOND SPONSOR’s sole responsibility. Any terms, conditions, warranties or representations associated with such dealings, are solely between DIAMOND SPONSOR and the third party. DIAMOND SPONSOR agrees that BAM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any third party found through the Services.

17. BAM's Proprietary Rights

DIAMOND SPONSOR acknowledges and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. DIAMOND SPONSOR further acknowledges and agrees that Content contained in the Services or information presented to DIAMOND SPONSOR through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by BAM, DIAMOND SPONSOR agrees not to modify, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part. BAM grants DIAMOND SPONSOR a personal, non-transferable and non-exclusive right and license to use the Services, provided that DIAMOND SPONSOR does not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. DIAMOND SPONSOR agrees not to modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services. DIAMOND SPONSOR agrees not to access the Services by any means other than through the means provided by BAM for use in accessing the Services.

18. Disclaimer of Warranties

DIAMOND SPONSOR expressly understands and agrees that its use of the Services is at DIAMOND SPONSOR’s sole risk. The services are provided on an "AS IS" and "as available" basis. BAM and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind for its Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. BAM and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet DIAMOND SPONSOR’s requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by DIAMOND SPONSOR through use of the Services will meet DIAMOND SPONSOR’s expectations; and (v) any errors in the software will be corrected. Any material otherwise obtained through the use of the Services is accessed at DIAMOND SPONSOR’s own discretion and risk, and DIAMOND SPONSOR will be solely responsible for any damage to DIAMOND SPONSOR’s computer system or loss of data that results from the downloading of any such material. No advice or information, whether oral or written, obtained by DIAMOND SPONSOR from BAM or through or from the Services shall create any warranty not expressly stated in the TOS.