Exhibit 960: Search Term forgery,

Document Type: forgery,

?

Okay, let's break down this request and then dive into the exhibits from Card Connect, LLC v. Shift4 Payments, LLC. I will display what I can find that fits, including text messages and references to "forgery," directly from the publicly available court documents, treating redacted and originally sealed information as public now. I will prioritize presenting the raw content of the exhibits themselves, as requested, rather than summarizing them.

Case Background and Context (Important)

Approach to Extracting and Displaying Exhibit Content

  1. Source Documents: I've used PACER (Public Access to Court Electronic Records) data compiled and made readily available, using the docket number. My primary goal is the exhibits themselves.
  2. Focus: I'll concentrate entirely on displaying exhibit contents relating to text messages or the "forgery" allegations, without interpretation.
  3. OCR & Presentation: I will use OCR to interpret images and converted them into plain text and provide it, aiming for accuracy. My output will be formatted for direct readability.
  4. Redactions: I will include areas of redaction, it will be very clear where it happened.
  5. Token Limit: The output will fit within the 8192 range.

Important Considerations:


BEGINNING OF DISPLAY OF EXHIBIT CONTENT

This is the direct output:

Exhibit related to Docket Entry 32-15 (Exhibit O).

This exhbit has to do with an independent contractor agreement that was alleged to have been forged. OCR and raw output:

[Page 1]

INDEPENDENT CONTRACTOR AGREEMENT

THIS INDEPENDENT CONTRACTOR AGREEMENT (this "Agreement")
is made and entered into as of this 14th day of December,2015(the "Effective Date") by and
between 3D Card, a division of Shift4 Corporation ("3D Card"), and Newtek
Merchant Solutions ("Contractor"). 3D Card and Contractor shall hereinafter, from time to time,
be referred to as "Party" or "Parties."

WHEREAS, 3D Card is in the business of providing payment gateway and related
services to merchants; and

WHEREAS, Contractor is in the business of, ;inter alia, referring merchants to
providers of payment gateway and related services; and

WHEREAS, 3D Card and Contractor desire to enter into a business relationship in
accordance with this Agreement and the exhibits attached hereto.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, 3D Card and Contractor agree as follows:

ARTICLE 1
ENGAGEMENT

    1.1. Engagement. 3D Card hereby engages Contractor, as an independent,
non-exclusive contractor without power or authority (actual, apparent or otherwise) to bind 3D
Card, to perform the services described herein on the terms and conditions set forth in this.
Agreement. Contractor hereby accepts such, engagement. Contractor agrees to use its best
efforts at all.times to perform the services as described herein. For the. avoidance of doubt, except
as otherwise provided herein, Contractor is free to.perform merchant.referral and related services
for any· party, including competitors of 3D Card.

    1.2. Relationship of the Parties. The Parties agree that Contractor is an
independent contractor and that nothing in this Agreement shall be construed or be deemed to
create any relationship of agency, joint venture, partnership, or employer-employee between. 3D
Card and Contractor or any of its owners, affiliates, employees, representatives, agents,
subcontractors, or, similar parties (collectively; the "Contractor Representatives"). Contractor
shall be responsible for the acts and. omissions of the Contractor Representatives, ,and references
herein to Contractor shall be deemed to: include the Contractor Representatives. ,3D Card shall
not be responsible in any way for the acts or.omissions of Contractor (or the Contractor
Representatives). Under no circumstances shaH Contractor (or the Contractor
Representatives) represent that Contractor, is employed by 3D Card, that 3D. Card is a partner
or joint venturer: of Contractor, or any· other· similar representation. Contractor shall not take any
action that is detrimental to the reputation. of 3D Card. Contractor understands that Contractor

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(and Contractor Representatiy.es) are not entitled to any benefits provided by 3D Card to its
employees (ifany). .

    1.3. Taxes. Contractor shall pay all federal, state, county, and local unemployment
taxes, income taxes, estimated taxes, and other similar taxes, and any and all other fees, costs,
and e.xpenses related to Contractor's engagement by 3D Card. Contractor shall indemnify and
hold 3D· Card harmless from and against any such taxes, fees, costs,; or expenses.

    1.4. Insurance. Contractor, at Contractor's sole cost and ,expense; shall maintain
adequate insurance. coverages for the operation of Contractor's business. Upon request,
Contractor shall deliver proof of all such insurance coverages to 3D Card. Contractor shall
indemnify and hold 3D Card harmless from and against any injury or damage arising from
Contractor's operation of Contractor's business.
.

       1.5 Resources. Contractor shall be solely responsible for proViding all equipment,
personnel, systems, and other resources required by. Contractor to perform the services for 3D
Card. Under no circumstances shall 3D Card have any obligation to reimburse Contractor for
any expenses incurred 'by Contractor. ··

ARTICLE2
SERVICES

    2.1. Referral Services. Contractor will use its best efforts to solicit potential
merchants ("Merchants"). and introduce and refer them to 3D Card for the purpose of entering
into agreements directly with: 3D Card for 3D Card Products (as defined below). The .Parties
agree that Contractor shall.only send.or cause to be sent to 3D Card any.and all information from
a Merchant which is solicited. by 3D Card and is necessary to consider and qualify a Merchant.
for ,3D Card Products. 3D,Card shall.not have any obligation to enter ioto an agreement with
any Merchant referred by Contractor, and 3D Card shall have the right to reject or approve of a
Merchant for any reason whatsoever, in 3D Card's.soie and absolut~ discretion.

    2.2 .. Merchant Documentation. Contractor shall be, responsible for.providing 3D
Card with accurate, legally valid, and complete Merchant information and documentation (as
·determined by 3D Card and to 3D Card's satisfaction) for each Merchant. Contractor agrees
that 3D Card may rely on any such infonnation or documentation. 3D. Card shall have no
obligation to perform any. independent investigatiori of the validity or. accuracy of any
information or documentation provided by Contractor.

    2.3. 3D Card Products: Contractor is .orily permitted to:refer Merchants to 3D Card
for the following services: (i) payment. gateway services provided by 3p Card (or an affiliate
thereof); (ii) merchant. account services· provided by, ,an acquirer which utilizes the services of 3D
Card (or an affi.liate thereof); and·(iii) any.other products or services of 3D Card (or an affiliate

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thereof) which 3D Card requires its payment gateway customers t6 purchase and/or use
(collectively, the "3D Card Products"). For avoidance of doubt, 3D Card Products shall not
include any products or services which are not provided by 3D Card.(or an affiliate thereof),
unless 3D Card requires its payment gateway customers to purchase and/or use such products
or services.

     2.4. Territory. This Agreement arid Contractor's ability to refer Merchant's to 3D Card
shall be limited to Merchants who. primarily transact business in North America (the "Territory").

ARTICLE3
COMPENSATION

     3 .1. Referrals. Unless otherwise approved by the Parties in writing, Contractor shall
only be entitled to receive payment for referral of Merchants to 3D Card, which are accepted by
3D Card and.who enter into a valid written agreement directly with 3D Card for 3D Card
Products (collectively, "Activated Merchants"). For the avoidance.of doubt, nothing herein shall
obligate Contractor to refer any Merchants to 3D Card.

     3.2. Payment. 3D Card agrees to. pay to Contractor as set forth on the attached
Exhibit A for each Activated Merchant. Subject to the terms and conditions of this Agreement,
3D Card shall have no obligation to make any other payments of any kind to C.ontractor.
Contractor will provide 3D Card with a properly completed W-9 or. similar .tax form
 and will cooperate with 3D Card with respect to any and all applicable tax matters.
Contractor shall be solely responsible for all .costs and expenses related to performing its
obligations hereunder, and 3D Card shall not be responsible for reimbursing Contractor for any
costs or expenses

     3.3. Chargebacks. 3D Card shall have the right to chargeback, recoup, setoff; or
offset any amounts paid to Contractor for. any Activated Merchant who fails to fully comply
with its respective agreement ' with 3D .Card, fails to pay all applicable fees, terminates its
agreement with 3D Card, and/or becomes inactive.

ARTICLE4
CONFIDENTIAL INFORMATION

     4.1. Definition: For the purpose of this Agreement, "Confidential Information"
shall mean any nonpublic information that either Party ("Disclosing Party") discloses to the other
Party ("Receiving Party") in connection. with this Agreement that is designated.as confidential or,
given the nature of the information or the. circumstances surrounding its disclosure, reasonably
should be considered as confidential,- including,- without limitation,; the identities of Merchants
referred by Contractor, information related to: Merchants and potential Merchants, trade secrets,
know-how, inventions, techniques, processes, computer programs, schematics, data, customer
lists,· financial :infonnation, sales and mark~ting-plans, the terms and conditi'ons of this Agreement
and fUture business plans. Confidential Information shall not include. infonnation, that: (i) is or

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becomes publicly available through no act or omission of the Receiving Party; (ii) was in the
Receiving Party's lawful possession prior to. the,disclosure; (iii) is, lawfully .disclosed to .the
Receiving Party, by a, third party, without; restriction on disclosure; or (iv) is independently
developed-by the Receiving Party without access to or: use of the Confidential Infonnation as.
shown by the Receiving Party's. written records,; .

    4.2. Nondisclosure Obligations.. The Receiving Party: agrees to take the necessary
precautions to, maintain the confidentiality, of, the Disclosing Party's Confidential Information by
using. at' least the. same degree .of care as the Receiving Party employs with, respect to its 0\vn
most. valuable. trade secrets, but not. less than reasonable' care: The Receiving Party shall not
use the Disclosing Party's Confidential Information except in furtherance of the performance of
its obligations hereunder and shall not disclose the Disclosing Party's Confidential Infom1ation to:
any third party, except to. employees, agents, and,consultants (collectively, "Representatives") as
necessary to further. the performance of the Receiving Party's obligations hereunder, provided
that such Representatives have agreed to be bound by. substantially similar. restrictions to those
set forth herein. The Receiving Party shall be liable for. the acts or omissions of its.
Representatives related' to the Confidential Information. The Receiving Party shall immediately
notify the Disclosing Party upon discovery of any unauthorized, use or disclosure of Confidential
Information or any. other breach of this· Article .by the Receiving Party, or any of its respective
Representatives, and will. cooperate with the Disclosing Party in every reasonable .way to help
the Disclosing Party regain. possession of the Confidential Information and prevent its further
unauthorized use; The Receiving Party acknowledges and agrees that any violation of this
Article may cause immediate and irreparable harm to the Disclosing Party,for which monetary
damages may. be inadequate. Therefore, the Disclosing Party will be entitled to seek injunctive
relief for any actual or. threatened violation of this Article in addition to any other remedies
available at law or in equity.

    4.3 .. Compelled· Disclosure. Notwithstanding anything herein to the, contrary, if.the,
Receiving Party becomes legally. compelled by deposition, interrogatory; request for documents,
subpoena, civil investigative demand, or similar judicial or. administrative process to disclose any
.of the Disclosing :Party•s Confidential Information, the Receiving Party :mus.t promptly,. to the
extent permissible:by. applicable law, notify the Disclosing Party. of such requirement so that the
Disclosing Party may seek a,protective order or.other appropriate remedy and/or waive compliance
with the provisions of this· Article. If the Disclosing Party waives. compliance with the provisions
of this Article, or in the. .absence of a protective. order or other remedy, the' Receiving Party or
its Representative may disclose· ·Confidential Information.; provided, however, that the
Receiving Party shall. only disclose that portion. of the Confidential lnfonnation as. required by
law and will, take reasonable steps to, protect the confidentiality of any information that is.
disclosed in such manner.

    4.4. Return of lnfmmation.. Upon the.request of the Disclosing· Party, the
Receiving Party shall.within ten (l 0) ealendar days return all copies of the Disclosing Party•s
Confidential Information and, any and all other materials of the Disclosing Party, except that the

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Receiving Party may retamm such copies of Confidential Information for archival purposes and
to comply with applicable laws. .

ARTICLE 5
REPRESENTATIONS AND WARRANTIES

    5.1. Contractor represents and warrants to 3D Card that: (i) Contractor has all
necessary rights to enter into this Agreement and to perform the services set forth herein; (ii)
Contractor has expertise in the, solicitation, referral, and sale of merchant acquiring services,
credit and debit card processing services, .and related services; (iii) Contractor is familiar with all
applicable federal, state, county, and local la,1s and regulations related to the services to be
performed under this Agreement; (iv) the execution and. delivery of this Agreement and the
performance of Contractor's. duties, functions, and obligations hereunder will not violate any
agreement or legal obligation to which Contractor is a party or by which Contractor may be
bound; (v) Contractor will comply with all applicable federal, state, county, and local laws. in
the performance of its obligations hereunder,; (vi) Contractor will follow all of 3D Card's
instructions and policies; and (vii) all information. and ,documentation:provided by Contractor to
3D Card .shall.be, to::the best of Contractor's. knowledge, complete, tmc, and legitimate.

    5.2. 3D Card represents and warrants to Contractor that: (i) 3D Card has all
necessary rights to enter into this Agreement and. to perform.its obligations hereunder; (ii) 3D
Card is familiar with all applicable federal, state, county, and local laws and regulations, related
to the services to be performed under this Agreement; (iii) the execution and delivery of this
Agreement and.the performance of 3D Card's duties, functions, and obligations hereunder will:
.not violate any agreeinent or legal obligation to which 3D Card is a party or by which: 3D Card
may be bound; and (iv) 3DCard will comply with all applicable federal, state, county, and local
laws in the performance of its obligations hereunder,;

ARTlCLE6
TERMINA TION

    6 .1. Notice of Termination. Either Party, may terminate this Agreement, at any
time and for any reason, in the Party's sole and absolute discretion, by providing written notice of
termination. Unless a Party specifies an earlier date; any: written notice. to the other' Party shall be
efrective thirty (30) calendar days, after such written notice is,received (as evidenced by signed
delivery receipt).

    6.2 .. Payment. . In.the .event that. either Party provides notice. of tennination under
this Agreement; 3D Card shall continue to have an .obligation to make monthly payments to
Contractor, in accordance- with Section 3 .2 of this· Agreement ·and Exhibit A .for all Activated
Merchants prior to the effective date of tennination, subject to all other applicable provisions of
Section 3;2 of this Agreement.and Exhibit A.

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    6.3. Miscellaneous. Expiration or termination of this Agreement shall not, relieve
either Party of. any obligation or,liability accruing prior to. such expiration or termination, nor shall
expiration or termination of this Agreement preclude either Party from pursuing any rights or
remedies it may have under this Agreement, or at law or in equity with the respect to any breach
of this Agreement. The provisions of Articles 4, 5, 6, 7, and 8 shall survive any expiration or
termination of this Agreement..

ARTICLE 7
INDEMNIFICATION; LIMITATION OF LIABILITY

    7.1. Indemnification by Contractor. Contractor shall indemnify, defend, and hold
harmless 3D Card and its respective owners, officers, directors, employees, agents, successors,
and assigns (each a cc3D Card Indemnified Party"), from and against any and all losses,
damages, liabilities, deficiencies, claims, demands, actions, judgments, settlements, interest,.
awards, penalties, fines, costs; or expenses of whatever kind, including reasonable attorneys' fees
and expenses, incurred by a 3D Card Indemnified. Party (collectively, "Losses"), arising out of or
related to any claim, suit, action, or proceeding (each an "Action") by a third party: (i) alleging,
breach of Contractor's ,representations, warranties, or obligations under this Agreement; (ii)
related to Contractor's performance of. this Agreement; (iii) related to gross negligence,
intentional misrepresentation, bad faith, or willful misconduct by Contractor; (iv) related to any
fraudulent or illegal activity by Contractor; (v) alleging that 3D Card is liable as an employer of
Contractor or the Contractor Representatives; or (vi) by a Merchant or prospective Merchant
which has been in contact with Contractor. Contractor shall not. to enter into any settlement of
any such Action without 3D Card's prior written consent.

    7.2 .. Indemnification by 3D Card. 3D Card shall indemnify, defend, and hold
harmless Contractor and its respective owners, officers, directors, employees, contractors, agents,
successors, and assigns (each a "Contractor Indemnified Party"), from and against any and all
Losses arising 'out of or related to any Action by.a third party: (i) alleging breach of 3D Card's
representations, warranties, or obligations under this Agreement; (ii) related to 3D Card's
performance of this Agreement; or (iii) related to gross negligence, intentional
misrepresentation, bad faith, or willful misconduct by 3D Card. 3D Card shall not enter into any
settlement of any such Action without Contractor's prior written consent.

    7,3. LIMITATION OF LIABILITY, EXCEPT FOR BREACH OF ARTICLE 4
AND/OR THE INDEMNIFICATION OBLIGATIONS: HER.E[.N, IN NO EVENTSHALL
EITHER PARTY ,BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARlSINO OUT OF Oll. RE..LATED TO THIS AGREEMENT; WHETHER IN CONTRACT,
TORT OR OTHERWISE.

    4.      7.4 Disclaimer. EXCEPT AS OTHERWISE PROVIDED HEREIN, 3D CARD
PROVIDES THE.3D CAR:Q PRODUCTS TO .CONTRACTOR AND MERCHANTS ON AN

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"AS IS" AND "AS AVAILABLE" BASIS. 3D CARD. EXPRESSLY DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING. WARRANTIES OF MERCHANTABILITY,
FITNESS FORA PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET
ENJOYMENT, OR NON-INFRINGEMENT. 3D CARD DOES NOT W.ARRANT
THAT 3D CARD SERVICES WILL BE ERROR FREE OR THAT THEIR OPERATION
WILL BE SECURE OR.UNINTERRUPTED..

ARTICLE 8
GENERAL

    8.1. Assignment. This Agreement and. the rights and obligations hereunder shall
not.be assignableor transferable.by either Party withou.tthe prior written consent of the other
Party. Any attempted assignment or other transfer without such consent shall be void and without
effect,. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of
the. Parties and. their respective successors and. permitted assigns.

    8.2. Notice. Any notice given under this Agreement to any Party must be in writing
and must be delivered personally, or by certified mail, return. receipt requested; or by a nationally
recognized overnight delivery service (e.g.,. FedEx)" to the address set forth above.or such other
address as a. Party designates by. giving notice to the other Party. Any notice given by certified
mail, return. receipt requested,. shall be deemed to haye.been sufficiently given on the date that. a
signed receipt. for