Effective 20 July 2023

PLEASE READ THESE PROGRAMME TERMS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE FISKER REWARDS PROGRAMME, YOU AGREE TO BE BOUND BY THESE REWARDS PROGRAMME TERMS, WHICH ARE INCORPORATED BY REFERENCE IN THE TERMS OF USE (COLLECTIVELY, "PROGRAMME TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE FISKER REWARDS PROGRAMME.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION FOR USERS IN THE UNITED STATES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

The Fisker Rewards Programme (the "Programme") is brought to you by Fisker Group Inc. or its respective subsidiaries, licensees and affiliated companies (collectively, "Fisker" or "we"). These Programme Terms (defined below) constitute a legal agreement between you and Fisker.

By participating in this Programme, you are agreeing to these Programme Terms and have read and understood the Fisker Privacy Policy. Any capitalised terms not otherwise defined herein, are defined in the TERMS OF USE. In the event of any conflict between the TERMS OF USE and these Programme Terms, the Programme Terms take precedence.

Fisker, in its absolute discretion, reserves the right to cancel, change, suspend or modify any aspect of the Programme at any time and for any reason. If we make changes, we will post the amended Programme Terms on our website and update the "Effective" date above. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Programme Terms will be effective immediately and your continued participation in the Programme after the amended terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Programme Terms, you must stop participating in the Programme.

If you do not agree to the entirety of the Programme Terms, you are not authorised to participate in the Programme in any manner. You may not participate in the Programme where doing so would be prohibited by any applicable law, regulation or professional code of conduct. Fisker further reserves the right to disqualify any participant at any time from participation in the Programme if you do not comply with these Programme Terms. Fisker's failure to enforce any term of these Programme Terms shall not constitute a waiver of that provision.

1 About the Programme

The Programme is one way in which Fisker endeavours to reward and thank loyal customers. Programme participants are able to earn and accumulate points that can be redeemed for Programme benefits ("Rewards").

2 Programme Period

This Programme will continue until terminated, suspended, modified or converted to another referral or rewards programme by Fisker ("Programme Period").

3 Eligibility

To participate in the Programme, during the Programme Period, you must (i) be eighteen (18) years old or older, (ii) create a Fisker account, (iii) place a reservation and (iv) agree to our Reservation Terms. Employees, officers and directors, their immediate family members (spouse, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of Fisker or its affiliates are not eligible to participate in the Programme.

4 Programme Participation

Once you create an account and place a reservation for a vehicle, you will receive a personalised referral code ("Rewards Code"), which will also be accessible in your Fisker Account page. You can send this personalised Rewards Code to your friends and family, letting them know about Fisker. We will also provide a functionality to allow you to send an invite to Fisker through email or social media sites such as Facebook, Twitter and LinkedIn. Note that if you cancel your Fisker reservation, your Rewards Code will be inactive.

5 Qualified Referrals

You can earn points for each Qualified Referral. A "Qualified Referral" means a new Fisker User who creates a Fisker Account, makes a reservation and uses your unique Rewards Code at checkout.

Points will only be awarded for Qualified Referrals completed using active Rewards Codes during the Programme Period. The referred individual and the Programme participant cannot be the same person (for example, by using a different email address). There is a maximum of 250 points issued per Qualified Referral.

6 Earning Points

You will earn 1:1 dollar/point for each Qualified Referral made. From time to time, we may offer special opportunities to earn additional points, including through limited time refer-a-friend bonus programmes or by completing surveys ("Promotional Programme Period"). In addition to these Programme Terms, any points earned during Promotional Programme Periods are subject to the terms and conditions of that offer.

You can earn an unlimited number of points, subject to these Programme Terms, which will be used to unlock promotional products or offers based on the number of points accrued ("Fisker Rewards Milestones"). Please allow up to five (5) business days from the date of the Qualified Referral for your points to be issued. Fisker may, in its sole discretion, withhold points for investigations or refuse to process any transaction Fisker deems to be fraudulent, suspicious, in violation of these Programme Terms, or believes will impose potential liability on Fisker, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and/or agents. All decisions made by Fisker are final and binding.

You can check how many points you have earned by going to your Fisker Account page.

7 Earning Rewards

The more points you accrue, the more rewards you can receive. Points will be redeemable as described in the Fisker Rewards Milestones, which can be found here. You will continue to accrue points as you refer more friends. Fisker will send you an email every time you unlock a reward with more information on how to redeem your reward. For physical products, we may need your shipping address so Fisker can post you your earned reward. Please allow up to ten (10) business days from the date you unlock a reward for Fisker to contact you. You must respond promptly with any requested information or the reward may be forfeited. Rewards Milestones and promotional products associated with each Milestone are subject to change at any time and for any reason, with or without notice to you.

8 Restrictions

Points are issued for promotional purposes only and have no cash value. Points are not transferable. No substitution or cash redemption of any points, or portion thereof, is permitted. Points are redeemable only in connection with a promotional product included in the Fisker Rewards Milestones. Points may not be sold, transferred (by operation of law or otherwise), assigned to or shared with any other individual for any commercial purpose. You are responsible for any federal, state or local taxes applicable to your participation in the Programme.

You are solely responsible for your communications with third parties regarding your Rewards Code. You must comply with all laws and marketing regulations, which may include the laws where your friends or family members live. You agree that you will not attempt to mislead anyone in connection with the Programme, either by affirmative representation, implication or omission. You further agree that you will not "spam" anyone with invitations to join the Programme, requests to redeem your Rewards Code, or any other method that may be considered annoying or unwelcome, and that you will remain compliant with CAN-SPAM, the Telephone Consumer Protection Act and other Applicable Laws at all times. Any distribution of your Rewards Code that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your Account and exclusion from the Programme.

Fisker reserves the right, at its sole discretion, to prohibit any participant from participating in any aspect of the Programme if Fisker deems or suspects that such participant has engaged in or has attempted to engage in any of the following: a) acting in violation of these Programme Terms; b) damaging, tampering with or corrupting the operation of the Programme; c) acting with intent to annoy, harass or abuse any other person; d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent or unusual behaviour or activity; or e) activity deemed at the sole discretion of Fisker to be generally inconsistent with the intended operation of the Programme. Fisker shall be the sole determiner in cases of suspected abuse, fraud or breach of these Programme Terms or intent of these Programme Terms.

9 Points Expiry

Any points earned will expire after 24 months of Programme inactivity (e.g. no referrals are made which means you don't earn any points).

10 Communications with Fisker

By joining the Programme, you agree to receive communications regarding the Programme from Fisker. In addition, you will receive marketing communications with offers, events and other promotions from Fisker. You can unsubscribe from marketing communications at any time by clicking on the "unsubscribe" link in the footer of the emails or by contacting us using the contact information below.

11 Privacy

The information you provide as a member of the Programme will be processed in accordance with Fisker's Privacy Policy.

12 Your Right to Cancellation

You can cancel your participation in the Programme at any time. Upon cancellation, any unused points accrued in your account will automatically expire (and cannot be redeemed) and your Rewards Code will become inactive. To cancel your membership, you must email us at support@fiskerinc.com.

13 Right to Close Accounts

Fisker reserves the right to close the account(s) of any Programme participant and to request proper payment if the participant attempts to use the Programme in a questionable manner, breaches any of these Programme Terms or is in violation of any law, statute or governmental regulation. Upon cancellation, any unused points accrued in your account will automatically expire and cannot be redeemed.

14 Right to Suspend, Cancel Programme or Change Programme Terms

Fisker reserves the right to modify, amend, suspend or terminate the Programme at any time and for any reason at its sole discretion. Continued participation in the Programme after any update will mean that you have agreed to the update. This right, however, will not affect the expiry date for any reward that has been already provided or earned, in accordance with these Programme Terms.

15 Release of Liability

To the fullest extent permitted under Applicable Law, Programme participants release Fisker, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees and agents ("Released Parties") from any and all liability for any loss, harm, damages, cost or expense, including, but not limited to, property damages, personal injury and/or death, arising out of or in any way connected to the Programme.

16 Indemnification

Programme participants agree to indemnify, defend and hold Fisker and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including fees and costs for lawyers, arising from, or related to, any breach by the participant of any of these Programme Terms or any violation by participant of applicable law.

17 Dispute Resolution

Initial Dispute Resolution

We are available by email at support@fiskerinc.com to address any concerns you may have regarding your use of the Fisker Properties. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration

If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated, then either you or we may initiate binding arbitration. All claims arising out of or relating to the Agreement (including its formation, performance and breach), the scope of this arbitration clause, the parties' relationship with each other and/or your use of the Fisker Properties shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association ("AAA"), in accordance with the AAA Arbitration Rules and Procedures, as modified herein, and excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgement in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), and the claim is found to be non-frivolous, we will pay the additional cost. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.

You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery and appeal, among others, may be more limited in arbitration than in court.

18 Disclaimers

Computer System. Fisker disclaims any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with the Programme, and reserve the right, in Fisker's sole discretion, to cancel, modify or suspend the Programme should a virus, bug, computer problem, unauthorised intervention or other causes beyond Fisker's control, corrupt the administration, security or proper performance of the Programme.

Physical Merchandise. Fisker disclaims any liability for damage related to the use of any physical merchandise provided by Fisker to Programme participants. Participants use the products at their own risk.

Force Majeure. Fisker shall not be liable to any participant for failure to supply any credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove(s) to be invalid), equipment failure, threatened terrorist attacks, terrorist acts, air raid, blackout, earthquake, tornado, war, unusually severe weather, explosion, labour or material shortages, transportation interruption of any kind, work slow-down, civil disturbance or any other similar or dissimilar cause beyond any of the Released Parties' control.

Reserved Right. Fisker reserves the right to cancel or suspend the Programme should it determine, in its sole discretion, that the administration, security or fairness of the Programme has been compromised in any way.

Disclaimer of Warranties. PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR PARTICIPATION IN THE PROGRAMME IS AT YOUR SOLE RISK, THE PROGRAMME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND FISKER EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH PARTICIPATION IN THE PROGRAMME, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) FISKER MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAMME WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAMME WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAMME WILL MEET YOUR EXPECTATIONS AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR PARTICIPATION IN THE PROGRAMME IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

The above disclaimers apply to the present Programme Terms to the maximum extent permitted by law.

19 General Terms

These Programme Terms constitute the entire agreement between participants and Fisker concerning participation in the Programme. The failure of Fisker to exercise or enforce any right or provision of these Programme Terms shall not constitute a waiver of such right or provision. If any provision of these Programme Terms is found to be invalid, the parties nevertheless agree to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Programme Terms remain in full force and effect. The section titles in these Programme Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Programme Terms shall have no right to enforce or receive the benefit of any of these Programme Terms.

20 Contact Us

For more information about the Programme, please contact us at support@fiskerinc.com.