Service Levels for Certain Mandiant Offerings

Mandiant provides the following service levels and service level credits for certain Mandiant Offerings.

Mandiant Managed Defense Portal, Mandiant Threat Intelligence Portal, Mandiant Security Validation Portal, and Mandiant Attack Surface Management Portal.

For the Managed Defense Portal, Mandiant Threat Intelligence Portal, Mandiant Attack Surface Management Portal, and Mandiant Security Validation Portals, Mandiant will provide the following service levels and service level credits:

Uptime 

With respect to the Managed Defense Portal, Mandiant shall undertake commercially reasonable efforts to ensure Portal availability for 99.9% of the time during each calendar month. With respect to the Mandiant Attack Surface Management Portal, Mandiant Security Validation Portal, and the Mandiant Threat Intelligence Portal, Mandiant shall undertake commercially reasonable efforts to ensure Portal availability for 99.5% of the time during each calendar month.

• “Service Outage” means the Portal is not available due to a failure or a disruption in the Portal that is not the result of Scheduled Maintenance, Emergency Maintenance, a force majeure event or the act or omission of Customer.
• "Scheduled Maintenance Period" is the period during which weekly scheduled maintenance of the Portal may be performed.
• "Emergency Maintenance" means any time outside of Scheduled Maintenance that Mandiant requires to apply critical patches or fixes or undertake other urgent maintenance. If Emergency Maintenance is required, Mandiant will notify Customer, to the extent possible under the circumstances, and provide the expected time frame of the Emergency Maintenance and availability of the Portal during the Emergency Maintenance.
• "System Availability" means the number of minutes in any calendar month minus the aggregate number of minutes of all Service Outages that occur during that calendar month.

Remedy

If the Portal does not meet the monthly service availability defined above, Mandiant will provide a credit to the Customer in accordance with the table below (“Credit”) for a validated Service Level Claim (defined below). The percentage of Portal availability per calendar month (in the table below) is equal to the result, expressed as a percentage, of the number of minutes of System Availability in a calendar month divided by the total number of minutes in the calendar month.

• For determining the Credit, the duration of a Service Outage will be measured as the time starting when Customer experiences a disruption in availability of the Portal and ending when a successful solution or workaround allowing for full restoration of the Portal is provided by Mandiant to Customer. Customer must notify Mandiant of any Service Outage and request a Credit in writing no later than fifteen (15) days after the calendar month in which the Service Outage occurred (“Service Level Claim”) to be entitled to a Credit for that Service Outage.
• Any Credits earned by Customer hereunder will be applied to the Subscription Fees owed by Customer for the next Subscription Term for which the Credit applies. If Credits cannot be applied to future Subscription Fees because the Subscription Term has terminated for non-renewal or for a material uncured breach by Customer, such credits shall become null and void. If Credits cannot be applied to future Subscription Fees because the Subscription Term has terminated due to a material uncured breach by Mandiant, Mandiant will promptly pay Customer the amount of the Credit.
• Customer shall not be entitled to receive a Credit that exceeds 10% of its prorated monthly Subscription Fee for a Service Outage for the applicable calendar month.