Common use of Internet Purchases/Promotional Disclosures Clause in Contracts

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.

Appears in 2 contracts

Samples: Finance Program Agreement, Finance Program Agreement

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Internet Purchases/Promotional Disclosures. During the Term, Professional and Bank may mutually agree to accept purchases transacted through Professional’s website the Professional Website (“Internet Purchases”). If Professional and Bank agree to allow Internet Purchases, Professional will process all Internet Purchases in accordance with the terms of this Agreement, the Operating Guide, and any other written guidance provided by Bank to Professional. Professional will ensure that its processes for obtaining any Accountholder Cardholder signatures comply with Applicable Law, applicable law including the Electronic Signatures in Global National Commerce Act (ESIGN)Act. 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, 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 partyparty . In the case of any purchase by an Accountholder a Cardholder 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 a Cardholder’s application for credit or otherwise), (ii) establishing whether the Accountholder Cardholder is willing to consent to the receipt rece ipt of the Promotional Disclosures electronically (“E- E-Consent”), and, if so, obtaining a recordable record of the consent, (iii) obtaining such AccountholderCardholder’s consent to the terms set forth in the Promotional Disclosures (“Promotional Terms Consent”), and (iv) retaining the evidence of the E- E-Consent and Promotional Terms Consent for at least twenty- 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 Not withstanding 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. Bank agrees that any Professional that submits Charge Transaction Data related to veterinary services (a “Veterinary Professional”) may accept Internet Purchases in accordance with this Section 15(b).

Appears in 1 contract

Samples: Carecredit Card Acceptance Agreement

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, and (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. If Professional offers another consumer financing product in one or more digital channels, the Program should be offered with at least equal prominence to the competing consumer financing product.

Appears in 1 contract

Samples: Finance Program Agreement

Internet Purchases/Promotional Disclosures. During the Term, Professional Retailer and Bank may mutually agree to accept purchases transacted through Professional’s website the Retailer Website (“Internet Purchases”). If Professional Retailer and Bank agree to allow Internet Purchases, Professional Retailer will ensure that its processes for obtaining process all Internet Purchases in accordance with the terms of this Agreement, the Operating Procedures, and any Accountholder signatures comply with Applicable Law, including the Electronic Signatures in Global National Commerce Act (ESIGN)other written guidance provided by Bank to Retailer. Without limiting the foregoing, Professional Retailer will cause all authorizations processed through the internet and all Internet Purchases to be separately tagged with a unique store of sale number. Professional Retailer will also develop, maintain, 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 Cardholder made through the internet using a credit-based promotioninternet, Professional Retailer 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 Cardholder’s application for credit or otherwise), (ii) establishing whether the Accountholder Cardholder is willing to consent to the receipt of the Promotional Disclosures electronically (“E- E-Consent”), and, if so, obtaining a recordable record of the consent, (iii) obtaining such AccountholderCardholder’s consent to the terms set forth in the Promotional Disclosures (“Promotional Terms Consent”), and (iv) retaining the evidence of the E- E-Consent and Promotional Terms Consent for at least twenty- twenty-five (25) months and thereafter continuously unless after retaining such evidence for the twenty-five (25) month period Professional Retailer offers to send such evidence to Bank and Bank authorizes Professional Retailer to destroy them instead. Notwithstanding the foregoing, if Professional Retailer uses E-Sign Consent and Promotional Terms Consent processes that are hosted by Bank, Professional Retailer (x) will not be responsible for providing the Promotional Disclosures and E-Consent, and obtaining the Cardholder’s consent to the E-Consent, so long as Retailer links the Cardholder the Bank hosted pages; and (y) 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.

Appears in 1 contract

Samples: Program Agreement (Ethan Allen Interiors Inc)

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Internet Purchases/Promotional Disclosures. During the Term, Professional Merchant and Bank may mutually agree to accept purchases transacted through Professional’s website the Merchant Website (“Internet Purchases”). If Professional Merchant and Bank agree to allow Internet Purchases, Professional Merchant will ensure that its processes for obtaining process all Internet Purchases in accordance with the terms of this Agreement, the Operating Procedures, and any Accountholder signatures comply with Applicable Law, including the Electronic Signatures in Global National Commerce Act (ESIGN)other written guidance provided by Bank to Merchant. Without limiting the foregoing, Professional Merchant will cause all authorizations processed through the internet and all Internet Purchases to be separately tagged with a unique store of sale number. Professional Merchant will also develop, maintain, 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 a Cardholder made through the internet Internet using a credit-based promotion, Professional Merchant 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 a Cardholder’s application for credit or otherwise), (ii) establishing whether the Accountholder Cardholder is willing to consent to the receipt of the Promotional Disclosures electronically (“E- E-Consent”), ) and, if so, obtaining a recordable record of the consent, (iii) obtaining such AccountholderCardholder’s consent to the terms set forth in the Promotional Disclosures (“Promotional Terms Consent”), and (iv) retaining the evidence of the E- E-Consent and Promotional Terms Consent for at least twenty- twenty-five (25) months and thereafter continuously unless after retaining such evidence for the twenty-five (25) month period Professional Merchant offers to send such evidence to Bank and Bank authorizes Professional Merchant to destroy them instead. Notwithstanding the foregoing, if Professional Merchant uses E-Sign Consent and Promotional Terms Consent processes that are hosted by Bank, Professional Merchant 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.

Appears in 1 contract

Samples: Card Acceptance Agreement

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