Drake Software

Bank Products Enrollment Agreement

Tax Year 2026

Last updated 9/08/26

By enrolling with a Banking Partner and offering Bank Products to taxpayers in connection with the Software licensed by Drake Software, LLC (“DRAKE”) to you (“Customer” or “you”), you agree to this Bank Products Enrollment Agreement (this “Agreement”). All terms and conditions of the Drake Software License and Non-Disclosure Agreement (“SLNDA”) and any Multi-Site Pricing Agreement (“MSPA”) (as applicable) between Customer and DRAKE (except to the extent expressly modified herein) are hereby incorporated by reference and made a part of this Agreement.

BY ENROLLING WITH A BANKING PARTNER, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AUTHORIZED ON BEHALF OF CUSTOMER TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Definitions. Capitalized terms used but not defined elsewhere in this Agreement shall have the meanings set forth below or in the SLNDA or MSPA (as applicable):
   1. “Banking Partner” means a third-party service provider approved by DRAKE to offer Bank Products to taxpayers of DRAKE’s customers.
   2. “Bank Products” means tax refund-related financial products that facilitate payment of tax preparation or related fees from a taxpayer’s refund or provide funds based on an expected refund.
   3. “Bank Product Application” means the application which is completed by the taxpayer selecting the Bank Product and the Customer and/or its Authorized Users and submitted to the Banking Partner to obtain a Bank Product.
   4. “Customer” means the person or entity identified as the Customer in the MSPA or as the Licensee in the SLNDA. Customer is responsible for its Authorized Users’ compliance with the terms of this Agreement.
   5. “Eligible Software Version” means any of the following Drake Tax software products that, upon renewal by Customer for the immediately succeeding tax year, are eligible for the application of Rewards as a credit toward the applicable renewal price: Drake Tax Pro Single User, Drake Tax Pro Multi-User, Drake Tax Pro 250, Drake Tax 1040 Single User, Drake Tax 1040 Multi-User, Drake Tax 1040 150, and Drake Tax Online. Rewards may be applied only toward the renewal of an Eligible Software Version and not toward the purchase or renewal of any other product or service.
   6. “Software” means the software applications offered by DRAKE for the commercial preparation of tax returns, scanning and storing documents, electronic filing of tax returns and processing of Bank Products. The Software includes without limitation desktop, web based and trial versions of the Software. Software, as used in this Agreement, refers to tax year 2026 Software only.
2. Enrollment with Banking Partners.
   1. Enrollment. Customer warrants that all information provided during the enrollment process is true, correct, and complete. Customer acknowledges that the Banking Partner may check Customer’s banking and credit history (including with any previous Banking Partner, trade, and credit references, as well as any personal credit history). If Customer offers Bank Products by enrolling with a Banking Partner using the Software, the Banking Partner will contact Customer to finalize enrollment with the Banking Partner.
   2. Banking Partner Terms. Customer may be required to enter into an agreement with the selected Banking Partner. Each Banking Partner has separate terms and conditions, forms, guidelines and procedures, and Customer agrees to follow all of Banking Partner’s terms of enrollment (collectively, “Banking Partner Terms”).
   3. Banking Partner Selection. Customer acknowledges that it has had an opportunity to review the marketing materials and offerings of the various Banking Partners and has chosen a Banking Partner in its sole discretion based on such review. Unless preapproved by DRAKE, Customer may only have one active Banking Partner for all Sites (as defined in the SLNDA). DRAKE shall have no liability to Customer with respect to Customer’s Banking Partner relationship, including the issuance and processing of Bank Products.
3. Customer Obligations and Responsibilities.
   1. Customer Responsibilities. While offering Bank Products to taxpayers through a Banking Partner, Customer agrees to:
      1. Provide correct and accurate information for all Bank Product Applications;
      2. Encourage Customer’s taxpayers to ask any questions they may have before applying for a Bank Product or paying any fees associated with a Bank Product;
      3. Obtain and verify the taxpayer’s identification required by the Bank Product Application and retain a copy of the taxpayer identification with Customer’s copy of the Bank Product Application;
      4. Validate the social security number and name against the taxpayer’s social security card;
      5. Comply with all Banking Partner requirements, including the Banking Partner Terms, as applicable, pertaining to Bank Products;
      6. Take responsibility and control of check stock and debit cards;
      7. Comply with all applicable laws, rules, and regulations including, without limitation, IRS Publication 1345 and any state laws and regulations for registering as a “facilitator” and providing applicable disclosures;
      8. Not engage in any unfair, deceptive, or otherwise unacceptable acts or practices in connection with offering or promoting any Bank Products and comply with applicable federal and state laws and regulations with respect to any advertising or marketing of Bank Products; and
      9. Notify DRAKE within 48 hours of Customer becoming aware that a Bank Product has been improperly issued.
   2. Disclosures.
      1. Customer is responsible for obtaining the taxpayer’s written consent, as required under IRS Code Section 7216, prior to using and/or disclosing the taxpayer’s personal information for purposes of issuing Bank Products.
      2. Customer must provide taxpayers with a statement of the inclusive price of the Bank Product (including all fees incurred to receive the Bank Product and any credits payable to the Customer), and a separate statement of the fees related to tax preparation and/or other services.
      3. Customer may be asked at any time by the Banking Partner or DRAKE to produce all Customer documentation related to Bank Products. If acceptable documentation is not delivered by Customer upon request, Customer’s use of Bank Products may be suspended.
      4. Certain states require “facilitators” of Bank Products to provide certain disclosures and register as a “facilitator.” Any Customer offering Bank Products in such states must comply with all facilitator requirements, including any applicable disclosures.
   3. Check Printing.
      1. Customer is responsible for all check stock assigned to Customer’s office, including issued, voided, or unused checks. Customer is also responsible for following the Banking Partner guidelines for any voided or unused checks.
      2. Check printing activity is carefully monitored. If there are excessive voids, reprints, or check number mismatches, DRAKE or the Banking Partner reserves the right to suspend check-printing privileges. Reinstatement of check printing privileges is at the sole discretion of DRAKE or the Banking Partner. Customer will bear all check printing and delivery charges.
      3. Customer must verify that the information printed on the check matches the taxpayer’s tax return and Bank Product Application. Customer is responsible for ensuring that printed checks do not duplicate any previously printed checks. If Customer releases a check with an incorrect refund or net check amount, or a duplicate check to a taxpayer, Customer will be financially responsible for any difference in the amount of the check(s) and the actual total refund.
   4. Compliance with Applicable Laws. In addition to the responsibilities and obligations set forth in this Section 3, Customer shall comply with all federal, state, and local laws and regulations regarding the offering of Bank Products, including, but not limited to regulations involving the charging and disclosure of fees to the taxpayer, and consent to disclose tax return information from the taxpayer to the Banking Partner, as applicable.
4. Restrictions.
   1. Prohibited Contract Clauses. In connection with the sale of a Bank Product, Customer is prohibited from revising the approved bank application (including disclosures) and/or including any of the following types of legal clauses in any agreement between Customer and a taxpayer:
      1. A hold harmless clause to protect Customer’s company;
      2. A confession of judgment clause to protect Customer’s company;
      3. An assignment of or order for payment of wages or other compensation for services to protect Customer’s company;
      4. A waiver of the statute of limitations;
      5. A provision in which the taxpayer agrees not to assert any claim or defense arising out of the applicable agreement; and
      6. A waiver of any provision of applicable legislation.
   2. Referring Taxpayers to DRAKE. Customer must not direct individual taxpayers to contact DRAKE regarding the status of their return or Bank Product.
   3. Non-authorized Banking Partners. Customer will not offer Bank Products or similar products from service providers not approved by DRAKE and integrated with the Software.
   4. Restricted Fees.
      1. Customer will not impose higher fees for tax preparation based on whether a taxpayer chooses a Bank Product.
      2. As restricted by law, Customers in Arkansas, Connecticut, Illinois, Maine, Maryland, and New York must not create or charge any additional fees (including requesting an increase in the standard DRAKE technology fee, described below) to the taxpayer for the issuance of a Bank Product. Bank Products issued in any such state are not eligible for, and will not be included in determining or calculating, any Rebates described in Section 5 or Exhibit 1.
5. Fees, Credits, and Rebates.
   1. Fees. Certain fees apply in connection with the issuance of Bank Products. Customer will authorize and direct the Banking Partner to deduct and transmit certain technology fees to DRAKE via ACH on a per return basis. The charging and collecting of fees are subject to applicable state and federal laws and regulations. DRAKE reserves the right to increase, decrease, or eliminate fees at any time, as it deems necessary, and in DRAKE’s sole discretion. The following fees may apply:
      1. Tax Preparation Fee: This is the fee charged by the Customer for preparing the tax return, including any electronic filing fee. This fee is set by the Customer and will be taken out of the taxpayer’s refund. The Banking Partner will deposit this fee into the bank account specified by Customer.
      2. Bank Fee: This is the fee charged by the Banking Partner for the Bank Product. This fee will be deducted from the taxpayer’s refund.
      3. Technology Fee: This is the fee charged by DRAKE for each federal Bank Product Application processed using the Software and includes the programming and development costs related to offering the Bank Products through the Banking Partners. This fee will be deducted from the taxpayer’s refund and will be sent to DRAKE.
      4. Add-On Fee (AOF): The Banking Partner may allow Customer to include an additional fee when using a Bank Product with a taxpayer. This AOF is deducted from the taxpayer’s refund and sent to DRAKE. If Customer elects to include an AOF, DRAKE will charge a percentage of this fee for processing this service. Drake will then distribute the remaining amount of the AOF to the Customer; for multi-site Customers, the remaining amount will be distributed to the Customer’s master account.
      5. Drake Audit Defense Fee: v. Drake Audit Defense Fee: This is the fee paid by the taxpayer who selects the optional Drake Audit Defense services. The fee will be deducted from the taxpayer's refund and remitted to DRAKE. Customer may add an additional charge to the Drake Audit Defense Fee (the “Mark-Up Fee”). DRAKE will distribute the Mark-Up Fee to the bank account designated by Customer in its Drake Audit Defense Per-Return Application. Customers who are part of a franchise network may add a “franchise network” fee to the Audit Defense Fee as an additional charge to the taxpayer (“Franchise Network Fee”). In such instances, the Franchise Network Fee will be distributed by DRAKE to the bank account designated by Customer in their Drake Audit Defense Per-Return Application.
   2. Credits and Rebates. As set forth in Exhibit 1 which is attached hereto and incorporated herein by reference, Customers may, if eligible, be able to earn (i) credits to apply toward their Eligible Software Version renewal purchase (excluding sales tax) for the following season for certain funded Bank Products based on volume and (ii) rebates payable for certain funded Bank Products based on volume. For avoidance of doubt, such credits and rebates apply to Tax Year 2026 Bank Products.
   3. Disbursements. All disbursements made pursuant to this Section 5, except for the Mark-Up Fee and Franchise Network Fee noted in Section 5(a)(v), shall be made exclusively via automated clearing house (ACH) transfer (electronic funds transfer) to the bank account designated by Customer in its bank enrollment application; for multi-site Customers, disbursements shall be made to the Customer’s master account’s bank account. The Mark-Up Fee and Franchise Network Fee noted in Section 5(a)(v) shall be deposited in the bank account designated by Customer in its Drake Audit Defense Per-Return Application. DRAKE shall have no obligation to make any disbursement by check, wire, or any other method. Customer shall bear sole responsibility for providing and maintaining accurate and current bank account information and ACH instructions. Customer shall also be responsible for notifying DRAKE of any changes to such information. DRAKE shall have no obligation to process or make any disbursement unless and until Customer has provided to DRAKE (i) a completed IRS Form W-9 or substitute Form W-9, in a form and manner acceptable to DRAKE, and (ii) accurate and valid ACH instructions. Payment shall be deemed made, and DRAKE’s obligation satisfied, upon the successful completion of the ACH transfer to the bank account designated by Customer. DRAKE shall not be liable for any failed, delayed, or misdirected payments resulting from inaccurate, incomplete, or outdated banking information provided by Customer. If a disbursement is returned, rejected, or otherwise fails, DRAKE shall have no obligation to reinitiate the payment unless and until Customer provides corrected banking information and any other information reasonably requested by DRAKE. DRAKE may deduct reasonable administrative fees associated with such reprocessing to the extent permitted by applicable law. If Customer fails or refuses to provide valid ACH instructions, DRAKE may withhold, suspend, or delay disbursements until such instructions are provided. To the fullest extent permitted by applicable law, Customer grants to DRAKE an irrevocable right to, at any time and without notice, offset, recoup, or apply any amounts owed by DRAKE (or its affiliates) to Customer, including any fees or amounts otherwise remittable to Customer, against any amounts owed by Customer to DRAKE (or its affiliates), including but not limited to fees, taxes, or any other amounts, whether arising under this Agreement or any other agreement or relationship between the parties, and regardless of the nature or source of such amounts. No interest shall accrue on any amounts held by DRAKE. Disbursements successfully completed to the Customer’s designated bank account shall be deemed final and shall not be reissued or otherwise recoverable by Customer. Any unclaimed funds shall be handled by DRAKE in accordance with applicable unclaimed property laws. In the event the Customer modifies or replaces its designated bank account, such change may require up to fourteen (14) business days to become effective. During this transition period, any scheduled disbursements may fail to post to the updated account.
6. Amendment; Termination. DRAKE may amend or terminate this Agreement in accordance with its amendment and termination rights under the SLNDA, which are incorporated into and apply to this Agreement. Without limiting those rights, DRAKE, in cooperation with the Banking Partner, may suspend Customer’s Bank Product privileges or terminate this Agreement without notice if there is evidence of fraud, misuse, or a breach of this Agreement or the Banking Partner Terms by Customer or its Authorized Users. If a Banking Partner terminates Customer’s privileges, Customer may not be reinstated by another Banking Partner.

Exhibit 1 to Drake Software Bank Products Enrollment Agreement

Credits (Rewards)*

Volume-based credits, or rewards (“Rewards”), are available for Customers who participate in a DRAKE Plus bank program and have a minimum of 500 fully funded refund transfers. If, for the following year, Customer renews an Eligible Software Version, then DRAKE will credit the purchase renewal balance (excluding sales tax) based on fully funded refund transfers funded as of April 30† and in accordance with the following table and below example:

Fully Funded Refund Transfers	Reward per Fully Funded Refund Transfer
500 – 999	$1.00
1,000 – 1,999	$1.50
2,000 – 2,499	$2.00
2,500 – 2,999	$2.50
3,000 – 4,999	$3.00
5,000 – 9,999	$3.50
10,000 – 24,999	$5.00
25,000+	$5.50

DRAKE will apply Rewards once annually based on refund transfers fully funded as of April 30.

DRAKE will calculate Rewards retroactively and Rewards will be credited toward Customer’s Eligible Software Version renewal purchase for the following tax year. Rewards have no monetary value and will only be credited up to the amount of the renewal Software.

Rebates*

For each refund transfer from Customer which was fully funded as of October 31, and for which DRAKE received payment in full from the Banking Partner, DRAKE shall issue Customer a Rebate†† calculated retroactively and based on the following table and below example.

Fully Funded Refund Transfers	Rebate per Fully Funded Refund Transfer
100 – 249	$8
250 – 499	$9
500 – 2499	$10
2500 – 4499	$11
4500+	$12

DRAKE will pay rebates twice annually:

• The first payment will be made on or around May 31 and will be based solely on refund transfers that are fully funded on or before April 30.
• The second payment will be based on the total number of refund transfers fully funded through October 31, less the amount of the first payment.

DRAKE will calculate Rebates retroactively as follows:

• The May 31 payment will be based on the tier achieved as of April 30.
• The December 15 payment will be based on the tier achieved as of October 31 less the amount of the May 31 payment.

If Customer has an outstanding balance due to DRAKE or its affiliates at the time a Rebate is payable, including any outstanding Drake Audit Defense amount, the Rebate payment may be reduced by such outstanding balance in accordance with Section 5(c). Notwithstanding the foregoing, DRAKE will not pay a rebate where such may be prohibited by law.