Internet Purchases/Promotional Disclosures. During the Term, Professional and Bank may mutually agree to accept purchases transacted through Professional’s website (“Internet Purchases”). If Professional and Bank agree to allow Internet Purchases, Professional will ensure that its processes for obtaining any Accountholder signatures comply with Applicable Law, including the Electronic Signatures in Global National Commerce Act (ESIGN). Without limiting the foregoing, Professional will cause all authorizations processed through the internet and all Internet Purchases to be separately tagged with a unique store of sale number. Professional will also develop, maintain, and operate its website so that all Internet Purchases processed through the website will be transmitted and accepted on a secure basis which ensures, among other things, that such information cannot be altered, viewed or captured by an unauthorized party. In the case of any purchase by an Accountholder made through the internet using a credit-based promotion, Professional will be responsible for (i) providing the credit promotion disclosures (the “Promotional Disclosures”) applicable to any purchase (whether the purchase is to be made at the time of an application for credit or otherwise), (ii) establishing whether the Accountholder is willing to consent to the receipt of the Promotional Disclosures electronically (“E- Consent”), and, if so, obtaining a recordable record of the consent, (iii) obtaining such Accountholder’s consent to the terms set forth in the Promotional Disclosures (“Promotional Terms Consent”), and (iv) retaining the evidence of the E- Consent and Promotional Terms Consent for at least twenty- five (25) months and thereafter continuously unless after retaining such evidence for the twenty-five (25) month period Professional offers to send such evidence to Bank and Bank authorizes Professional to destroy them instead. Notwithstanding the foregoing, if Professional uses E-Consent and Promotional Terms Consent processes that are hosted by Bank, Professional will not be required to retain the evidence of E-Consent and Promotional Terms Consent, as applicable, required by paragraph (iv) of this Section. The form, content, and placement of Promotional Disclosures and E-Consent language will be subject to the reasonable approval of Bank.
