MERCHANT RESPONSIBILITIES CONCERNING CONSUMER TRANSACTIONS. Merchant covenants and agrees that Merchant shall: a. Honor all valid Cards without discrimination, when properly presented by Cardholders for payment of Goods. b. Not require, through an increase in price or otherwise, any Cardholder to pay any surcharge at the time of sale or pay any part of any charge imposed by Household on Merchant. c. Not establish minimum or maximum charge amounts without Household's prior written approval. d. Prominently display at each of its locations, advertising and promotional materials relating to the Card, including, without limitation, take-one Applications for the Card and use and display such materials in accordance with any specifications provided by Household. Such materials shall be used only for the purpose of soliciting accounts for the Program. Any solicitation, written material, advertising or the like relating to the Program or the products offered pursuant to the Program shall be prepared or furnished by Household or shall receive Household's prior written approval. Household will charge Merchant and Merchant agrees to pay for any such advertising and promotional materials. Any such materials shall not be used by Merchant following termination of this Agreement. e. Use only the form of, or modes of transmission for, Application/Cardholder Agreements, Sales Slips and Credit Slips as are provided by Household, and not use any Application/Cardholder Agreements, Sales Slips, and Credit Slips provided by Household other than in connection with a Card transaction. f. With respect to Telephone Applications, Merchant shall: (i) Make sure all information requested on the Telephone Application is complete; (ii) Give the applicant the applicable initial disclosures at the time the Telephone Application information is requested or such other disclosures as may be required by Household from time to time; (iii) Provide all information required by Household from time to time for approval of Applications by telephone or other electronic transmission; (iv) Designate on the Application and/or enter into the Terminal that it was a Telephone Application and Card Sale; (v) Not submit to Household for funding any Sales Slip resulting from a telephone or mail order Card Sale until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Telephone or Mail Order Application; and (vi) Merchant represents and warrants that in connection with telephone solicitations, it has adopted such policies and procedures to ensure compliance with all applicable federal and state laws, regulations or rules relating to telemarketing and/or telephone solicitations including but not limited to the Telephone Consumer Protection Act of 1991 ("TCPA") 42 USC 227 and 152(b); Chapter I, Title 47 of the Code of Federal Regulations, parts 64 and 68, the Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFAPA) 15 U.S.C. Sections 6101-6108; 16 CFR Part 310 and any applicable telemarketing or telephone solicitation laws of the state from which Merchant shall be initiating telephone solicitations for the Card. g. With respect to Mailed-In Applications, Merchant shall: (i) Make sure all information requested on the Application is complete; (ii) Provide all information required by Household from time to time for approval of Applications by mail and legibly insert the Account number on the Application in the designated area; (iii) Designate on the Application and Sales Slip that it is a Mailed In Application and Card Sale; (iv) Merchant represents and warrants that in connection with mail-order sales, it has adopted such policies and procedures to ensure compliance with all applicable federal and state laws, regulations or rules relating to mail order sales including but not limited to all applicable requirements of Title 16 Code of Federal Regulations, Chapter I, Subchapter D, part 435.1 ("Mail Order Rule"); (v) Not ship or deliver or cause to be shipped or delivered any Goods to a Cardholder until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Telephone or Mailed-In Application;
Appears in 2 contracts
Samples: Merchant Agreement (Direct Focus Inc), Merchant Agreement (Direct Focus Inc)
MERCHANT RESPONSIBILITIES CONCERNING CONSUMER TRANSACTIONS. Merchant covenants and agrees that Merchant shallagrees:
a. Honor (a) Merchant shall honor all valid Cards without discrimination, when properly presented by Cardholders Cardholder for payment of Goods.
b. Not (b) Merchant shall not require, through an increase in price or otherwise, any Cardholder to pay any surcharge at the time of sale or pay any part of any charge imposed by Household on Merchant.
c. Not establish minimum or maximum charge amounts without Household's prior written approval.
d. Prominently (c) Merchant shall prominently display at each of its locations, if appropriate, advertising and promotional materials relating to the Card, including, including without limitation, limitation take-one Applications applications for the Card and use and or display such materials in accordance with any specifications provided mutually agreed to by HouseholdHousehold and Merchant. Such materials shall be used only for the purpose of soliciting accounts for the Program. Any solicitation, written material, advertising or the like relating to the Program or the credit terms and credit products offered pursuant to the Program shall be prepared or furnished by Household or if prepared by Merchant, shall receive Household's prior review or written approval. Household will charge Merchant and Merchant agrees to pay for any such advertising and promotional materialsmaterials requested by Merchants. Such review or approval by Household shall be limited to the review and approval of the credit terms and credit products and shall not be construed as review or approval of any, advertised or solicitation materials for any other purpose or for compliance with any provisions of any local, state or federal advertising laws not related to credit terms or credit products. Any such materials shall not be used by Merchant following termination of this Interim Agreement.
e. Use (d) Merchant shall use only the form of, or modes of transmission for, Application/Cardholder Agreements, Sales Slips and Credit Slips as are provided by Household, and not use any Application/Cardholder Agreements, Sales Slips, and Credit Slips provided by Household other than in connection with an application for a Card or a Card transaction.
f. With (e) Merchant shall, with respect to Telephone Applications, Merchant shall: applications for a Card:
(i) Make sure all information requested on the Telephone Application application is complete; complete and legible;
(ii) Give obtain the signature on the application of all persons whose name will appear on the Account or will be responsible for the Account;
(iii) give the applicant the applicable initial disclosures at the time of signing the Telephone Application information is requested or such other disclosures as Cardholder Agreement prior to the first transaction under the Account; 126
(iv) verify the identification of the individual(s) applying for the Account, which verification may be required by Household from time to time; include obtaining driver's license and social security numbers;
(iiiv) Provide provide all information required by Household from time to time for approval of Applications applications by SNAP, telephone or other electronic transmission; (iv) Designate transmission and legibly insert the Account number and Approval number on the Application and/or enter into application in the Terminal that it was a Telephone Application and Card Saledesignated area; and
(vvi) Not submit send the actual original approved signed application to Household for funding any Sales Slip resulting from a telephone at Household's address on page one above or mail order Card Sale until not less than such other address designated by Household within five (5) Business Days after receipt by Merchant and of approval by Household of the Telephone or Mail Order Application; and application by Household.
(vif) Merchant represents and warrants that in connection shall, with telephone solicitations, it has adopted such policies and procedures to ensure compliance with all applicable federal and state laws, regulations or rules relating to telemarketing and/or telephone solicitations including but not limited to the Telephone Consumer Protection Act of 1991 ("TCPA") 42 USC 227 and 152(b); Chapter I, Title 47 of the Code of Federal Regulations, parts 64 and 68, the Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFAPA) 15 U.S.C. Sections 6101-6108; 16 CFR Part 310 and any applicable telemarketing or telephone solicitation laws of the state from which Merchant shall be initiating telephone solicitations for the Card.
g. With respect to Mailed-In Applications, Merchant shall: Sales Slips:
(i) Make sure Enter legibly on a single Sales Slip prior to obtaining the Cardholder's signature (1) a description of all information requested on Goods purchased in the Application is completesame transaction in detail sufficient to identify the transaction; (ii2) Provide all information required by Household from time to time for approval the date of Applications by mail and legibly insert the Account number on the Application in the designated areatransaction; (iii3) Designate on the Application and Sales Slip that it is a Mailed In Application and Card Sale; (iv) Merchant represents and warrants that in connection with mail-order sales, it has adopted such policies and procedures to ensure compliance with all applicable federal and state laws, regulations or rules relating to mail order sales including but not limited to all applicable requirements of Title 16 Code of Federal Regulations, Chapter I, Subchapter D, part 435.1 ("Mail Order Rule"); (v) Not ship or deliver or cause to be shipped or delivered any Goods to a Cardholder until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Telephone or Mailed-In ApplicationAuthorization number;
Appears in 1 contract
MERCHANT RESPONSIBILITIES CONCERNING CONSUMER TRANSACTIONS. Merchant covenants and agrees that Merchant shall:
a. Honor all valid Cards Accounts without discrimination, when properly presented by Cardholders for payment of Goods.
b. Not require, through an increase in price or otherwise, any Cardholder to pay any surcharge at the time of sale or pay any part of any charge imposed by Household Company and/or Eligible Assignee on Merchant.
c. Not establish minimum or maximum charge amounts without Household's Company and/or Eligible Assignee’s prior written approval.
d. Prominently In the event Merchant elects to offer the Program at Merchant’s retail locations, Merchant agrees to display at each of its locations, advertising and promotional materials relating to the Card, including, without limitation, take-one Applications for the Card and use and display such materials in accordance with any specifications provided by HouseholdCompany and/or Eligible Assignee. Such materials shall be used only for the purpose of soliciting accounts for the Program. Any solicitation, written material, advertising or the like relating to the Program or the products offered pursuant to the Program shall be prepared or furnished by Household Company and/or Eligible Assignee or shall receive Household's Company’s and/or Eligible Assignee’s prior written approval. Household Company will charge Merchant and Merchant agrees to pay for the cost of any such advertising and promotional materials. Any such materials shall not be used by Merchant following termination of this Agreement.
e. Use only the form of, or modes of transmission for, Application/Cardholder Agreements, Sales Slips and Credit Slips as are provided by HouseholdCompany and/or Eligible Assignee, and not use any Application/Cardholder Agreements, Sales Slips, and Credit Slips provided by Household Company and/or Eligible Assignee other than in connection with a Card transaction.
f. With respect to Telephone Applications, Merchant shall: :
(i) Make sure all information requested on the Telephone Application is complete; ;
(ii) Give Using the verbal scripts provided by the Company, give the applicant the applicable initial financing disclosures at the time time: a) the Telephone Application information is requested or b) the Cardholder is advised the Telephone Application is approved, and include such other disclosures as may be required by Household Company and/or Eligible Assignee from time to time; ;
(iii) Record the verbal communication of financing disclosures given to the applicant, including such other disclosures as may be required by Company, using a recording medium acceptable to Company;
(iv) Provide all information required by Household Company and/or Eligible Assignee from time to time for approval of Applications by telephone or other electronic transmission; (iv) Designate on transmission including recordings of the Application and/or enter into financing disclosures given to the Terminal that it was a Telephone Application applicant and Card Sale; recordings of any such other telephone disclosures as may be required by the Company;
(v) Not submit to Household Company and/or Eligible Assignee for funding any Sales Slip resulting from a telephone or mail order Card Sale until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Telephone or Mail Order ApplicationGoods are shipped to the Cardholder; and and
(vi) Merchant represents and warrants that in connection with telephone solicitations, it has adopted such policies and procedures to ensure compliance with all applicable federal and state laws, regulations or rules relating to telemarketing and/or telephone solicitations including but not limited to the Telephone Consumer Protection Act of 1991 ("“TCPA"”) 42 USC 227 and 152(b); Chapter I, Title 47 of the Code of Federal Regulations, parts 64 and 68, the Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFAPA) 15 U.S.C. Sections §6101-6108; 16 CFR Part 310 and any applicable telemarketing or telephone solicitation laws of the state from which Merchant shall be initiating telephone solicitations for the Card.
g. With respect to Mailed-In Applications, Merchant shall: :
(i) Make sure all information requested on the Application is complete; ;
(ii) Provide all information required by Household Company and/or Eligible Assignee from time to time for approval of Applications by mail and legibly insert the Account number on the Application in the designated area; ;
(iii) Designate on the Application and Sales Slip that it is a Mailed In Application and Card Sale; (iv) Merchant represents and warrants that in connection with mail-order sales, it has adopted such policies and procedures to ensure compliance with all applicable federal and state laws, regulations or rules relating to mail order sales including but not limited to all applicable requirements of Title 16 Code of Federal Regulations, Chapter I, Subchapter D, part 435.1 ("“Mail Order Rule"”);
(iv) Not submit to Company and/or Eligible Assignee for funding any Sales Slip resulting from a mail order Card Sale until the Goods are shipped to the Cardholder; and
(v) Not ship or deliver or cause Send a copy of the approved Mailed-In Application to be shipped or delivered any Goods to a Cardholder until not less than Company and/or Eligible Assignee within five (5) Business Days after receipt the date the Goods are shipped to the Cardholder or the Sales Slip funded by Company and/or Eligible Assignee.
h. With respect to Internet Applications, Merchant shall:
(i) Include a link to the Company web site, and approval include language notifying visitors that they may complete an application for a Card via the Internet by Household clicking on such link. The link will be provided and maintain by Company;
(ii) Not submit to Company and/or Eligible Assignee for funding any Sales Slip resulting from an Internet Application until the Goods are shipped to the Cardholder;
(iii) Include a copy of the Telephone or Mailed-In Application;Terms and Conditions with all Goods shipped; and
Appears in 1 contract
MERCHANT RESPONSIBILITIES CONCERNING CONSUMER TRANSACTIONS. Merchant covenants and agrees that Merchant shall:
a. Honor all valid Cards without discrimination, when properly presented by Cardholders for payment of Goods.
b. Not require, through an increase in price or otherwise, any Cardholder to pay any surcharge at the time of sale or pay any part of any charge imposed by Household on Merchant.
c. Not establish minimum or maximum charge amounts without Household's prior written approval.
d. Prominently display at each of its locations, advertising and promotional materials relating to the Card, including, without limitation, take-one Applications for the Card and use and display such materials in accordance with any specifications provided by Household. Such materials shall be used only for the purpose of soliciting accounts for the Program. Any solicitation, written material, advertising or the like relating to the Program or the products offered pursuant to the Program shall be prepared or furnished by Household or shall receive Household's prior written approval. Household will charge Merchant and Merchant agrees to pay for any such advertising and promotional materials. Any such materials shall not be used by Merchant following termination of this Agreement.
e. Use only the form of, or modes of transmission for, Application/Cardholder Agreements, Sales Slips and Credit Slips as are provided by Household, and not use any Application/Cardholder Agreements, Sales Slips, and Credit Slips provided by Household other than in connection with a Card transaction.
f. With respect to Telephone Applications, Merchant shall: :
(i) Make sure all information requested on the Telephone Application is complete; ;
(ii) Give the applicant the applicable initial disclosures at the time the Telephone Application information is requested or such other disclosures as may be required by Household from time to time; ;
(iii) Provide all information required by Household from time to time for approval of Applications by telephone or other electronic transmission; ;
(iv) Designate on the Application and/or enter into the Terminal that it was a Telephone Application and Card Sale; ;
(v) Not submit to Household for funding any Sales Slip resulting from a telephone or mail order Card Sale until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Telephone or Mail Order Application; and and
(vi) Merchant represents and warrants that in connection with telephone solicitations, it has adopted such policies and procedures to ensure compliance with all applicable federal and state laws, regulations or rules relating to telemarketing and/or telephone solicitations including but not limited to the Telephone Consumer Protection Act of 1991 ("TCPA") 42 USC 227 and 152(b); Chapter I, Title 47 of the Code of Federal Regulations, parts 64 and 68, the Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFAPA) 15 U.S.C. Sections §6101-6108; 16 CFR Part 310 and any applicable telemarketing or telephone solicitation laws of the state from which Merchant shall be initiating telephone solicitations for the Card.
g. With respect to Mailed-In Applications, Merchant shall: :
(i) Make sure all information requested on the Application is complete; ;
(ii) Provide all information required by Household from time to time for approval of Applications by mail and legibly insert the Account number on the Application in the designated area; ;
(iii) Designate on the Application and Sales Slip that it is a Mailed In Application and Card Sale; ;
(iv) Merchant represents and warrants that in connection with mail-order sales, it has adopted such policies and procedures to ensure compliance with all applicable federal and state laws, regulations or rules relating to mail order sales including but not limited to all applicable requirements of Title 16 Code of Federal Regulations, Chapter I, Subchapter D, part 435.1 ("Mail Order Rule"); ;
(v) Not ship or deliver or cause to be shipped or delivered any Goods to a Cardholder until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Telephone or Mailed-In Application;
(vi) Not submit to Household for funding any Sales Slip resulting from a telephone or mail order Card Sale until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Telephone or Mailed-In Application; and
(vii) Send a copy of the approved Telephone or Mailed-In Application to Household within five (5) Business Days after the date the Goods are shipped to the Cardholder or the Sales Slip funded by Household.
h. With respect to Internet Applications, Merchant shall:
(i) Include a link on its web site to the Household web site, and include language notifying visitors that they may complete an application for a Card via the Internet by clicking on such link;
(ii) Not submit to Household for funding any Sales Slip resulting from an Internet Application until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Internet Application;
(iii) Include a copy of the Cardholder Agreement and Disclosure Statement with all Goods shipped via overnight courier; and
(iv) Not permit any additional purchases, Internet or otherwise, on an Account for a period of not less than seven (7) days after notification from Household that Household has approved an Internet Application for an Account.
i. With respect to Sales Slips Merchant shall:
(i) Enter legibly on a single Sales Slip prior to obtaining the Cardholder's signature (1) a description of all Goods purchased in the same transaction in detail sufficient to identify the transaction; (2) the date of the transaction; (3) the Authorization number; and (4) the entire amount due for the transaction (including any applicable taxes);
(ii) REQUEST AUTHORIZATION FROM HOUSEHOLD'S AUTHORIZATION CENTER UNDER ALL CIRCUMSTANCES. (Household may refuse to accept or fund any Sales Slip that is presented to Household for payment more than sixty (60) days after the date of Authorization of the Card Sale). Merchant agrees not to divide a single transaction between two or more Sales Slips or between a Household Sales Slip and a sales slip for another credit provider. If Authorization is granted, legibly enter the Authorization number in the designated area on the Sales Slip. If Authorization is denied, not complete the transaction and follow any instructions from the Authorization Center. Merchant shall use its best efforts, by reasonable and peaceful means, to retain or recover a Card:
(1) if Merchant is advised to retain the Card in response to an Authorization request; or
(2) if Merchant has reasonable grounds to believe that the Card is counterfeit, fraudulent, or stolen. The obligation to retain or recover a Card imposed by this Section does not authorize a breach of the peace or any injury to persons or property, and Merchant will hold Household harmless from any claim arising from any injury to person or property or other breach of the peace.
(iii) Imprint legibly on the Sales Slip the embossed legends from the Card or if the transaction is to be completed electronically or otherwise without a Card imprint, then enter legibly on the Sales Slip sufficient information to identify the Cardholder and Merchant, including at least, Merchant's name, Cardholder's name, Account number, expiration date and any effective date on the Card. Merchant shall be deemed to warrant the Cardholder's true identity as an authorized user of the Card;
(iv) Check the effective date, if any, and the expiration date on the Card;
(v) Obtain the signature of the Cardholder on the Sales Slip, and compare the signature on the Sales Slip with the signature panel of the Card and if identification is uncertain or if Merchant otherwise questions the validity of the Card, contact Household's Authorization Center for instructions. For telephone orders (TO), mail orders (MO) or Internet orders (IO) only, the Sales Slip may be completed without the Cardholder's signature and a Card imprint, but Merchant shall, in addition to all other requirements under this Section 4, enter legibly on the signature line of the Sales Slip the letters "TO", "MO" or "IO", as appropriate, and not deliver Goods or perform services after being advised that the "TO", "MO" or "IO" has been canceled or that the Card is not to be honored;
(vi) IDENTIFICATION OF THE CARDHOLDER IS THE RESPONSIBILITY OF MERCHANT;
(vii) Not present the Sales Slip to Household for funding until all Goods are delivered and all the services are performed to the Cardholder's satisfaction. With respect to Internet Sales, present the Sales Slip for funding as described in Section 4.h.(ii) above. If the Card Sale is canceled or the Goods or services canceled or returned, the Sales Slip is subject to Chargeback;
(viii) Enter the Card Sale into the Terminal and, if applicable, Household's approval code; and
(ix) Deliver a true and completed copy of the Sales Slip to the Cardholder at the time of delivery of the Goods.
Appears in 1 contract
MERCHANT RESPONSIBILITIES CONCERNING CONSUMER TRANSACTIONS. Merchant covenants and agrees that Merchant shall:
a. Honor all valid Cards, which for purposes of this Section 4.a. shall mean Cards with an Account in good standing and available credit line, without discrimination, when properly presented by Cardholders for payment of Goods.
b. Not require, through an increase in price or otherwise, any Cardholder to pay any surcharge at the time of sale or pay any part of any charge imposed by Household on Merchant. In addition, Merchant shall not provide any discounts to customers for using cash or any other tender of credit for payment that is not provided to Cardholders.
c. Not establish minimum or maximum charge amounts without Household's ’s prior written approval.
d. Prominently display at each of its locationslocations or on its websites, advertising and promotional materials relating to the Card, including, without limitation, take-one Applications for the Card and use and display such materials in accordance with any specifications provided by Household. Such materials shall be used only for the purpose of soliciting accounts for the Program. Any solicitation, written material, advertising or the like relating to the Program or the products offered pursuant to the Program shall be prepared or furnished by Household or shall receive Household's ’s prior written approval. Household will charge Merchant and Merchant agrees to pay for any such advertising and promotional materials. Any such materials shall not be used by Merchant following termination of this Agreement. To the extent Merchant displays materials for credit or charge cards issued by other parties, it shall display the advertising and promotional materials relating to the Card in a manner equal to or greater than that afforded any other third party credit or charge card. If Household prepares any such material at Merchant’s request, Household will charge Merchant and Merchant agrees to pay for any such material. Such review and approval by Household shall be limited to the review and approval of the credit terms and credit products and shall not be construed as review or approval of any advertising or solicitation materials for any other purpose or for compliance with any provisions of any local, state or federal advertising laws not related to credit terms or credit products. Following termination of this Agreement, Merchant shall not use any such materials.
e. Use only the form of, or modes of transmission for, Application/Cardholder Agreements, Sales Slips and Credit Slips as are provided by Household, and not use any Application/Cardholder Agreements, Sales Slips, and Credit Slips provided by Household other than in connection with a Card transaction.
f. With respect to Telephone Applications, Merchant shall: :
(i) Request all information required by Household for such applications;
(ii) Make sure all information requested on the Telephone Application is complete; ;
(iiiii) Give the applicant the applicable initial disclosures at the time the Telephone Application information is requested or such other disclosures as may be required by Household from time to time; ;
(iiiiv) Provide all information required by Household from time to time for approval of Applications by telephone or other electronic transmission; ;
(ivv) Designate on the Application and/or enter into the Terminal that it was a Telephone Application and Card Sale; ;
(vvi) Not submit to Household for funding any Sales Slip resulting from a telephone or mail order Card Sale until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Telephone or Mail Order Application; and and
(vivii) Merchant represents and warrants that in connection with telephone solicitations, it has adopted such policies and procedures to ensure compliance with all applicable federal and state laws, regulations or rules relating to telemarketing and/or telephone solicitations including but not limited to the Telephone Consumer Protection Act of 1991 ("“TCPA"”) 42 USC 227 and 152(b); Chapter I, Title 47 of the Code of Federal Regulations, parts 64 and 68, the Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFAPA) 15 U.S.C. Sections 6101-6108; 16 CFR Part 310 and any applicable telemarketing or telephone solicitation laws of the state from which and to which Merchant shall be initiating telephone solicitations for the Card.
g. With respect to Mailed-In Internet Applications, Merchant shall: :
(i) Make sure For all information requested products, include an Application and Cardholder Agreement on its website notifying visitors that they may complete an Application for a Card via the Application is complete; (ii) Provide all information Merchant’s Internet website. All Cardholder Agreements and other forms or any terms, conditions or disclosures related thereto required by Applicable Law (as indicated in writing by Household from time to time for approval of Applications by mail and legibly insert the Account number on the Application in the designated area; (iii) Designate on the Application and Sales Slip that it is a Mailed In Application and Card Sale; (iv) Merchant represents and warrants that Merchant), including, but not limited to, disclosures required in connection with mail-order salesthe Applications, it has adopted such policies and procedures displayed on Merchant’s Internet website, shall be displayed or used as provided to ensure compliance with all applicable federal and state lawsMerchant by Household, regulations or rules relating to mail order sales including but not limited to the format, layout, font size, and content thereof and shall be subject to review and approval of Household. In the event Household has modified rate, fees, discounts and/or charges, Household may instruct the Merchant as provided in Section 4.g. (ii) to change, modify or revise the forms and disclosures to be used in connection with the Program;
(ii) Change, modify, or revise any forms or disclosures used in connection with the Program in accordance with Household’s instructions to replace, change, modify or revise the existing forms or disclosures with revised forms and disclosures within two (2) weeks from the date Household provides Merchant with notice of such change, modification or revision, or by any such date required by Applicable Law (“Implementation Date”). Where changes are required by Applicable Law, Household will use its best efforts to provide notice to Merchant of any such changes within a reasonable time period;
(iii) Provide Household throughout the term of this Agreement with reasonable access to all applicable requirements forms and disclosures on its website relating to the Program during normal business hours, in accordance with its normal security procedures and without disruption of Title 16 Code its normal business operations, in order to allow Household and/or any regulatory agencies to which Household is subject to review such forms, disclosures and operations for compliance with this Agreement and Applicable Law;
(iv) Upon termination of Federal Regulationsthis Agreement, Chapter I, Subchapter D, part 435.1 ("Mail Order Rule"); remove from Merchant’s website any and all disclosures and forms provided by Household and all references to Household upon the effective date of said termination.
(v) In the event Merchant fails or refuses to adhere to any reasonable instructions from Household to replace, change, modify or revise any forms or disclosures by the Implementation Date and such failure creates a significant risk of liability to Household under Applicable Law as determined by Household, Household may, in its sole discretion, (i) assess a one thousand dollar ($1,000) fine per day for each day of the next five (5) days after the Implementation Date that Merchant fails to adhere to such instructions; (ii) cease the processing of Internet Applications for Accounts and/or cease Authorizations for funding or acceptance of Sales Slips or Card Sales via the Internet on the sixth (6th) day after the Implementation Date; and (iii) in addition to any other remedies Household may have at law or equity, Household will be entitled to seek a restraining order, injunction or other similar remedy and to enforce specifically the terms and provisions contained in this section. Each party hereby acknowledges that money damages alone would be an inadequate remedy for the injuries and damages which would be suffered and incurred as a result of any material breach of the provisions of this section.
(vi) Not ship process any Card Sales under an Account, or deliver if a Card Sale has already been initiated, stop shipment of any Goods, and initiate a credit to the Account if Household notifies Merchant that it suspects the Internet Application or cause Card Sale is fraudulent within forty-eight (48) hours after approval of the Internet Application. If Household so notifies Merchant more than forty-eight (48) hours after such approval, Merchant shall use its best efforts to be shipped or delivered stop shipment of any Goods Goods.
(vii) Not submit to a Cardholder Household for funding any Sales Slip resulting from an Internet Application until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Telephone or Mailed-In Internet Application;
(viii) Include a copy of the Cardholder Agreement and Disclosure Statement with all Goods shipped via overnight courier;
(ix) Not permit any additional purchases, Internet or otherwise, on an Account for a period of not less than seven (7) days after notification from Household that Household has approved an Internet Application for an Account; and,
(x) Bear the risk for fraud associated with Internet Applications, Accounts originated via such applications, and for goods shipped to an address that does not match Household’s billing account and reimburse Household for related losses including standard APR, but excluding penalties and late fees.
h. With respect to Sales Slips Merchant shall:
(i) Enter legibly on a single Sales Slip prior to obtaining the Cardholder’s signature (1) a description of all Goods purchased in the same transaction in detail sufficient to identify the transaction; (2) the date of the transaction; (3) the Authorization number; and, (4) the entire amount due for the transaction (including any applicable taxes);
(ii) REQUEST AUTHORIZATION FROM HOUSEHOLD’S AUTHORIZATION CENTER UNDER ALL CIRCUMSTANCES. (Household may refuse to accept or fund any Sales Slip that is presented to Household for payment more than sixty (60) days after the date of Authorization of the Card Sale). Merchant agrees not to divide a single transaction between two or more Sales Slips or between a Household Sales Slip and a sales slip for another credit provider. If Authorization is granted, legibly enter the Authorization number in the designated area on the Sales Slip. If Authorization is denied, not complete the transaction and follow any instructions from the Authorization Center. Merchant shall use its best efforts, by reasonable and peaceful means, to retain or recover a Card:
(1) if Merchant is advised to retain the Card in response to an Authorization request; or
(2) if Merchant has reasonable grounds to believe that the Card is counterfeit, fraudulent, or stolen. The obligation to retain or recover a Card imposed by this Section does not authorize a breach of the peace or any injury to persons or property, and Merchant will hold Household harmless from any claim arising from any injury to person or property or other breach of the peace.
(iii) Imprint legibly on the Sales Slip the embossed legends from the Card or if the transaction is to be completed electronically or otherwise without a Card imprint, then enter legibly on the Sales Slip sufficient information to identify the Cardholder and Merchant, including at least, Merchant’s name, Cardholder’s name, Account number, expiration date and any effective date on the Card. Merchant shall be deemed to warrant the Cardholder’s true identity as an authorized user of the Card;
(iv) Check the effective date, if any, and the expiration date, if any, on the Card;
(v) For telephone orders (TO), mail orders (MO) or Internet orders (IO) only, the Sales Slip may be completed without the Cardholder’s signature and a Card imprint, but Merchant shall, in addition to all other requirements under this Section 4, enter legibly on the signature line of the Sales Slip the letters “TO”, “MO” or “IO”, as appropriate, and not deliver Goods or perform services after being advised that the “TO”, “MO” or “IO” has been canceled or that the Card is not to be honored. If identification, authorization to use the Account, or otherwise is uncertain or if Merchant otherwise questions the validity of the transaction, Merchant shall contact Household’s Authorization Center for instructions;
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MERCHANT RESPONSIBILITIES CONCERNING CONSUMER TRANSACTIONS. Merchant covenants and agrees that Merchant shall:
a. Honor all valid Cards without discrimination, when properly presented by Cardholders for payment of Goods.
b. Not require, through an increase in price or otherwise, any Cardholder to pay any surcharge at the time of sale or pay any part of any charge imposed by Household on Merchant.
c. Not establish minimum or maximum charge amounts without Household's prior written approval; except for credit promotion card sales.
d. Prominently display at each of its locations, if appropriate, advertising and promotional materials relating to the Card, including, including without limitation, limitation take-one Applications applications for the Card and use and or display such materials in accordance with any specifications provided by Household. Such materials shall be used only for the purpose of soliciting accounts for the Program. Any solicitation, written material, advertising or the like relating to the Program or the products offered pursuant to the Program shall be prepared or furnished by Household or shall receive Household's prior written approval. Household will charge Merchant and Merchant agrees to pay the actual and reasonable costs for any such advertising and promotional materialsmaterials as may be requested by Merchant. Any such materials shall not be used by Merchant following termination of this Agreement.
e. Use only the form of, or modes of transmission for, Applicationapplication/Cardholder Agreementsagreements, Sales Slips and Credit Slips as are provided by Household, and not use any Applicationapplication/Cardholder Agreementsagreements, Sales Slips, and Credit Slips provided by Household other than in connection with an application for a Card or a Card transaction.
f. With respect to Telephone Applications, Merchant shall: applications for a Card:
(i) Make sure all information requested on the Telephone Application application is complete; complete and legible;
(ii) Give obtain the signature on the application of all persons whose name will appear on the Account or will be responsible for the Account;
(iii) give the applicant the applicable initial disclosures at the time of signing the Telephone Application information is requested or such other disclosures as application/agreement prior to the first transaction under the Account;
(iv) verify the identification of the individual(s) applying for the Account, which verification may be required by Household from time to time; include obtaining driver's license and social security numbers;
(iiiv) Provide provide all information required by Household from time to time for approval of Applications applications by telephone or other electronic transmission; (iv) Designate on the Application and/or enter into the Terminal that it was a Telephone Application and Card Sale; (v) Not submit to Household for funding any Sales Slip resulting from a telephone or mail order Card Sale until not less than five (5) Business Days after receipt by Merchant and approval by Household of the Telephone or Mail Order Application; and (vi) Merchant represents and warrants that in connection with telephone solicitations, it has adopted such policies and procedures to ensure compliance with all applicable federal and state laws, regulations or rules relating to telemarketing and/or telephone solicitations including but not limited to the Telephone Consumer Protection Act of 1991 ("TCPA") 42 USC 227 and 152(b); Chapter I, Title 47 of the Code of Federal Regulations, parts 64 and 68, the Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFAPA) 15 U.S.C. Sections 6101-6108; 16 CFR Part 310 and any applicable telemarketing or telephone solicitation laws of the state from which Merchant shall be initiating telephone solicitations for the Card.
g. With respect to Mailed-In Applications, Merchant shall: (i) Make sure all information requested on the Application is complete; (ii) Provide all information required by Household from time to time for approval of Applications by mail transmission and legibly insert the Account number on the Application application in the designated area; and
(iiivi) Designate send the actual original approved signed application to Household at Household's address on PAGE ONE above or such other address designated by Household within fifteen (15) Business Days of approval of the Application application by Household.
g. With respect to Sales Slips: (i) Enter legibly on a single Sales Slip prior to obtaining the Cardholder's signature (1) a description of all Goods purchased in the same transaction in detail sufficient to identify the transaction; (2) the date of the transaction; (3) the Authorization number; and (4) the entire amount due for the transaction (including any applicable taxes; (ii) REQUEST AUTHORIZATION FROM HOUSEHOLD'S AUTHORIZATION CENTER UNDER ALL CIRCUMSTANCES. (Household may refuse to accept or fund any Sales Slip that it is a Mailed In Application and presented to Household for payment more than one hundred twenty (120) days after the date of Authorization of the Card Sale). Merchant agrees not to divide a single transaction between two or more Sales Slips or between a Household Sales Slip and a sales slip for another credit provider who could validly claim a security interest in the Goods. If Authorization is granted, legibly enter the Authorization number in the designated area on the Sales Slip. If Authorization is denied, do not complete the transaction and follow any instructions from the Authorization Center. Merchant shall use reasonable efforts, by reasonable and peaceful means, to retain or recover a Card: (a) if Merchant is advised to retain the Card in response to an Authorization request; or (ivb) if Merchant represents and warrants has reasonable grounds to believe that in connection with mail-order salesthe Card is counterfeit, it has adopted such policies and procedures fraudulent, or stolen. The obligation to ensure compliance with all applicable federal and state laws, regulations retain or rules relating to mail order sales including but recover a Card imposed by this Section does not limited to all applicable requirements of Title 16 Code of Federal Regulations, Chapter I, Subchapter D, part 435.1 ("Mail Order Rule"); (v) Not ship or deliver or cause to be shipped or delivered any Goods to authorize a Cardholder until not less than five (5) Business Days after receipt by Merchant and approval by Household breach of the Telephone peace or Mailed-In Application;any injury to persons or property, and Merchant will hold Household harmless from any claim arising from any injury to person or property or other breach of the peace.
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