Payment Taxes. Merchant will pay Yiftee an advance monthly or annual subscription fee (“Subscription Fee”) for each month (or year, as applicable) during the term of this Agreement, which may include a component that varies based on how many Merchant locations it wishes Vouchers to be available for. Yiftee may also make available, at Yiftee’s sole discretion, alternative methods of subscription payment which may be a billed function of the redeemed Gift Value. A location will be considered “active” for the purposes of calculating the Subscription Fee after it runs the Yiftee-provided “Activation Card” and has designated its account as Active (for POS-based systems, other means of activating locations will be mutually agreed to by Yiftee and Merchant). If a Merchant no longer wishes a location to be active, Merchant may remove it by notice to Yiftee and Merchant will no longer be charged for such location on the following month’s billing cycle (and for clarity, no partial refunds for an unused portion of a month will be due). The initial Subscription Fee(s) shall be as agreed during Registration, but may change from time to time upon notice to Merchant, provided that no Subscription Fee modification will be retroactively applied. Subscription Fees will be charged in advance, on the date the parties first enter into this Agreement and each month “anniversary” thereafter for monthly Subscription Fees, or each anniversary thereafter for yearly Subscription Fees, unless, in each case, Merchant provides Yiftee with fifteen (15) days’ notice prior to the end of the then-current subscription term, of its desire not to renew. If Merchant adds any active locations during a subscription term, Yiftee will automatically charge Merchant for each such addition (even for annual subscriptions); active locations are calculated according to the number of locations active at the monthly anniversary date (again, even for annual subscriptions). No refunds will be granted for Subscription Fees, regardless of whether the Agreement terminates prior to the end of any applicable subscription term to which such Subscription Fees apply, or for locations that may be removed prior to any monthly anniversary date. Subscription Fees will be charged to the payment method provided by Merchant at Registration. Failure to keep such payment method details current and accurate may result in Yiftee’s failure to collect Subscription Fees, and may result in the suspension or termination of Merchant’s account. In certain cases, Merchant may enter into this Agreement in connection with a number of services offered by an independent services organization (“ISO”) or merchant services provider (“MSP”), in which case, if agreed by Yiftee, Subscription Fees may be payable directly to the ISO or MSP (but it shall be considered a breach of this Agreement to not pay such amounts when due and payable). No ISO or MSP is a party to or third party beneficiary of this Agreement. Yiftee or such ISO or MSP may waive or reduce Subscription Fees at its discretion, but is under no obligation to do so. For example, Yiftee, an ISO, or an MSP may waive Subscription Fees for the first subscription term as a “trial period,” but Merchant understands and agrees that such subscription will automatically begin at the end of the trial period and will renew as described herein and may carry a Subscription Fee upon the conclusion of such trial period and on each renewal thereafter. Yiftee may, in its sole discretion and upon mutual agreement with Merchant, provide an alternative or supplement to Subscription Fees in the form of a Restocking Fee. The Restocking Fee will be applied to any promotional gift given by the merchant as part of a marketing campaign that has an expiration date (i.e., does not have infinite expiration). Upon expiration, the unused portion of an expired gift, less the stipulated Restocking Fee, will be returned to the Merchant.
Appears in 2 contracts
Samples: Yiftee Merchant Agreement, Yiftee Merchant Agreement
Payment Taxes. 4.1 Merchant will pay Yiftee an advance monthly or annual subscription fee (“Subscription Fee”) for each month (or year, as applicable) during the term of this Agreement, which may include a component that varies based on how many Merchant locations it wishes Vouchers to be available for. Yiftee may also make available, at Yiftee’s sole discretion, alternative methods of subscription payment which may be a billed function of the redeemed Gift Value. A location will be considered “active” for the purposes of calculating the Subscription Fee after it runs the Yiftee-provided “Activation Card” and has designated its account as Active (for POS-based systems, other means of activating locations will be mutually agreed to by Yiftee and Merchant). If a Merchant no longer wishes a location to be active, Merchant may remove it by notice to Yiftee and Merchant will no longer be charged for such location on the following month’s billing cycle (and for clarity, no partial refunds for an unused portion of a month will be due). The initial Subscription Fee(s) shall be as agreed during Registration, but may change from time to time upon notice to Merchant, provided that no Subscription Fee modification will be retroactively applied. Subscription Fees will be charged in advance, on the date the parties first enter into this Agreement and each month “anniversary” thereafter for monthly Subscription Fees, or each anniversary thereafter for yearly Subscription Fees, unless, in each case, Merchant provides Yiftee with fifteen (15) days’ notice prior to the end of the then-current subscription term, of its desire not to renew. If Merchant adds any active locations during a subscription term, Yiftee will automatically charge Merchant for each such addition (even for annual subscriptions); active locations are calculated according to the number of locations active at the monthly anniversary date (again, even for annual subscriptions). No refunds will be granted for Subscription Fees, regardless of whether the Agreement terminates prior to the end of any applicable subscription term to which such Subscription Fees apply, or for locations that may be removed prior to any monthly anniversary date. Subscription Fees will be charged to the payment method provided by Merchant at Registration. Failure to keep such payment method details current and accurate may result in Yiftee’s failure to collect Subscription Fees, and may result in the suspension or termination of Merchant’s account. In certain cases, Merchant may enter into this Agreement in connection with a number of services offered by an independent services organization (“ISO”) or merchant services provider (“MSP”), in which case, if agreed by Yiftee, Subscription Fees may be payable directly to the ISO or MSP (but it shall be considered a breach of this Agreement to not pay such amounts when due and payable). No ISO or MSP is a party to or third party beneficiary of this Agreement. Yiftee or such ISO or MSP may waive or reduce Subscription Fees at its discretion, but is under no obligation to do so. For example, Yiftee, an ISO, or an MSP may waive Subscription Fees for the first subscription term as a “trial period,” but Merchant understands and agrees that such subscription will automatically begin at the end of the trial period and will renew as described herein and may carry a Subscription Fee upon the conclusion of such trial period and on each renewal thereafter. Yiftee may, in its sole discretion and upon mutual agreement with Merchant, provide an alternative or supplement to Subscription Fees in the form of a Restocking Fee. The Restocking Fee will be applied to any promotional gift given by the merchant as part of a marketing campaign that has an expiration date (i.e., does not have infinite expiration). Upon expiration, the unused portion of an expired gift, less the stipulated Restocking Fee, will be returned to the Merchant.
Appears in 1 contract
Samples: Yiftee Merchant Agreement
Payment Taxes. 3.1 Merchant will pay Yiftee an advance monthly or annual subscription fee (“Subscription Fee”) for each month (or year, as applicable) during the term of this Agreement, which may include a component that varies based on how many Merchant locations it wishes Vouchers to be available for. Yiftee may also make available, at Yiftee’s sole discretion, alternative methods of subscription payment which may be a billed function of the redeemed Gift Value. A location will be considered “active” for the purposes of calculating the Subscription Fee after it runs the Yiftee-provided “Activation Card” and has designated its account as Active (for POS-based systems, other means of activating locations will be mutually agreed to by Yiftee and Merchant)Active. If a Merchant no longer wishes a location to be active, Merchant may remove it by notice to Yiftee and Merchant will no longer be charged for such location on the following 6 month’s billing cycle (and for clarity, no partial refunds for an unused portion of a month will be due). The initial Subscription Fee(s) shall be as agreed during Registration, but may change from time to time upon notice to Merchant, provided that no Subscription Fee modification will be retroactively applied. Subscription Fees will be charged in advance, on the date the parties first enter into this Agreement and each month “anniversary” thereafter for monthly Subscription Fees, or each anniversary thereafter for yearly Subscription Fees, unless, in each case, Merchant Xxxxxxxx provides Yiftee with fifteen (15) days’ notice prior to the end of the then-current subscription term, of its desire not to renew. If Merchant adds any active locations during a subscription term, Yiftee will automatically charge Merchant for each such addition (even for annual subscriptions); active locations are calculated according to the number of locations active at the monthly anniversary date (again, even for annual subscriptions). No refunds will be granted for Subscription Fees, regardless of whether the Agreement terminates prior to the end of any applicable subscription term to which such Subscription Fees apply, or for locations that may be removed prior to any monthly anniversary date. Subscription Fees will be charged to the payment method provided by Merchant at Registration. Failure to keep such payment method details current and accurate may result in Yiftee’s failure to collect Subscription Fees, and may result in the suspension or termination of MerchantXxxxxxxx’s account. In certain cases, Merchant may enter into this Agreement in connection with a number of services offered by an independent services organization (“ISO”) or merchant services provider (“MSP”), in which case, if agreed by YifteeXxxxxx, Subscription Fees may be payable directly to the ISO or MSP (but it shall be considered a breach of this Agreement to not pay such amounts when due and payable). No ISO or MSP is a party to or third party beneficiary of this Agreement. Yiftee or such ISO or MSP may waive or reduce Subscription Fees at its discretion, but is under no obligation to do so. For example, Yiftee, an ISO, or an MSP may waive Subscription Fees for the first subscription term as a “trial period,” but Merchant Xxxxxxxx understands and agrees that such subscription will automatically begin at the end of the trial period and will renew as described herein and may carry a Subscription Fee upon the conclusion of such trial period and on each renewal thereafter. Yiftee may, in its sole discretion and upon mutual agreement with Merchant, provide an alternative or supplement to Subscription Fees in the form of a Restocking Fee. The Restocking Fee will be applied to any promotional gift given by the merchant as part of a marketing campaign that has an expiration date (i.e., does not have infinite expiration). Upon expiration, the unused portion of an expired gift, less the stipulated Restocking Fee, will be returned to the Merchant.
Appears in 1 contract
Samples: Yiftee Merchant Agreement
Payment Taxes. 3.1 Merchant will pay Yiftee an advance monthly or annual subscription fee (“Subscription Fee”) for each month (or year, as applicable) during the term of this Agreement, which may include a component that varies based on how many Merchant locations it wishes Vouchers to be available for. Yiftee may also make available, at Yiftee’s sole discretion, alternative methods of subscription payment which may be a billed function of the redeemed Gift Value. A location will be considered “active” for the purposes of calculating the Subscription Fee after it runs the Yiftee-provided “Activation Card” and has designated its account as Active (for POS-based systems, other means of activating locations will be mutually agreed to by Yiftee and Merchant)Active. If a Merchant no longer wishes a location to be active, Merchant may remove it by notice to Yiftee and Merchant will no longer be charged for such location on the following month’s billing cycle (and for clarity, no partial refunds for an unused portion of a month will be due). The initial Subscription Fee(s) shall be as agreed during Registration, but may change from time to time upon notice to Merchant, provided that no Subscription Fee modification will be retroactively applied. Subscription Fees will be charged in advance, on the date the parties first enter into this Agreement and each month “anniversary” thereafter for monthly Subscription Fees, or each anniversary thereafter for yearly Subscription Fees, unless, in each case, Merchant provides Yiftee with fifteen (15) days’ notice prior to the end of the then-current subscription term, of its desire not to renew. If Merchant adds any active locations during a subscription term, Yiftee will automatically charge Merchant for each such addition (even for annual subscriptions); active locations are calculated according to the number of locations active at the monthly anniversary date (again, even for annual subscriptions). No refunds will be granted for Subscription Fees, regardless of whether the Agreement terminates prior to the end of any applicable subscription term to which such Subscription Fees apply, or for locations that may be removed prior to any monthly anniversary date. Subscription Fees will be charged to the payment method provided by Merchant at Registration. Failure to keep such payment method details current and accurate may result in Yiftee’s failure to collect Subscription Fees, and may result in the suspension or termination of Merchant’s account. In certain cases, Merchant may enter into this Agreement in connection with a number of services offered by an independent services organization (“ISO”) or merchant services provider (“MSP”), in which case, if agreed by Yiftee, Subscription Fees may be payable directly to the ISO or MSP (but it shall be considered a breach of this Agreement to not pay such amounts when due and payable). No ISO or MSP is a party to or third party beneficiary of this Agreement. Yiftee or such ISO or MSP may waive or reduce Subscription Fees at its discretion, but is under no obligation to do so. For example, Yiftee, an ISO, or an MSP may waive Subscription Fees for the first subscription term as a “trial period,” but Merchant understands and agrees that such subscription will automatically begin at the end of the trial period and will renew as described herein and may carry a Subscription Fee upon the conclusion of such trial period and on each renewal thereafter. Yiftee may, in its sole discretion and upon mutual agreement with Merchant, provide an alternative or supplement to Subscription Fees in the form of a Restocking Fee. The Restocking Fee will be applied to any promotional gift given by the merchant as part of a marketing campaign that has an expiration date (i.e., does not have infinite expiration). Upon expiration, the unused portion of an expired gift, less the stipulated Restocking Fee, will be returned to the Merchant.
Appears in 1 contract
Samples: Yiftee Merchant Agreement
Payment Taxes. 3.1 Merchant will pay Yiftee an advance monthly or annual subscription fee (“Subscription Fee”) for each month (or year, as applicable) during the term of this Agreement, which may include a component that varies based on how many Merchant locations it wishes Vouchers to be available for. Yiftee may also make available, at Yiftee’s sole discretion, alternative methods of subscription payment which may be a billed function of the redeemed Gift Value. A location will be considered “active” for the purposes of calculating the Subscription Fee after it runs the Yiftee-provided “Activation Card” and has designated its account as Active (for POS-based systems, other means of activating locations will be mutually agreed to by Yiftee and Merchant)Active. If a Merchant no longer wishes a location to be active, Merchant may remove it by notice to Yiftee and Merchant will no longer be charged for such location on the following month’s billing cycle (and for clarity, no partial refunds for an unused portion of a month will be due). The initial Subscription Fee(s) shall be as agreed during Registration, but may change from time to time upon notice to Merchant, provided that no Subscription Fee modification will be retroactively applied. Subscription Fees will be charged in advance, on the date the parties first enter into this Agreement and each month “anniversary” thereafter for monthly Subscription Fees, or each anniversary thereafter for yearly Subscription Fees, unless, in each case, Merchant provides Yiftee with fifteen (15) days’ notice prior to the end of the then-current subscription term, of its desire not to renew. If Merchant adds any active locations during a subscription term, Yiftee will automatically charge Merchant for each such addition (even for annual subscriptions); active locations are calculated according to the number of locations active at the monthly anniversary date (again, even for annual subscriptions). No refunds will be granted for Subscription Fees, regardless of whether the Agreement terminates prior to the end of any applicable subscription term to which such Subscription Fees apply, or for locations that may be removed prior to any monthly anniversary date. Subscription Fees will be charged to the payment method provided by Merchant at Registration. Failure to keep such payment method details current and accurate may result in Yiftee’s failure to collect Subscription Fees, and may result in the suspension or termination of Merchant’s account. In certain cases, Merchant may enter into this Agreement in connection with a number of services offered by an independent services organization (“ISO”) or merchant services provider (“MSP”), in which case, if agreed by Yiftee, Subscription Fees may be payable directly to the ISO or MSP (but it shall be considered a breach of this Agreement to not pay such amounts when due and payable). No ISO or MSP is a party to or third party beneficiary of this Agreement. Yiftee or such ISO or MSP may waive or reduce Subscription Fees at its discretion, but is under no obligation to do so. For example, Yiftee, an ISO, or an MSP may waive Subscription Fees for the first subscription term as a “trial period,” but Merchant understands and agrees that such subscription will automatically begin at the end of the trial period and will renew as described herein and may carry a Subscription Fee upon the conclusion of such trial period and on each renewal thereafter. Yiftee may, in its sole discretion and upon mutual agreement with Merchant, provide an alternative or supplement to Subscription Fees in the form of a Restocking Fee. The Restocking Fee will be applied to any promotional gift given by the merchant as part of a marketing campaign that has an expiration date (i.e., does not have infinite expiration). Upon expiration, the unused portion of an expired gift, less the stipulated Restocking Fee, will be returned to the Merchant.
Appears in 1 contract
Samples: Yiftee Merchant Agreement
Payment Taxes. Merchant will pay Yiftee an advance monthly or annual subscription fee (“Subscription Fee”) for each month (or year, as applicable) during the term of this Agreement, which may include a component that varies based on how many Merchant locations it wishes Vouchers to be available for. Yiftee may also make available, at Yiftee’s sole discretion, alternative methods of subscription payment which may be a billed function of the redeemed Gift Value. A location will be considered “active” for the purposes of calculating the Subscription Fee after it runs the Yiftee-provided “Activation Card” and has designated its account as Active (for POS-based systems, other means of activating locations will be mutually agreed to by Yiftee and Merchant). If a Merchant no longer wishes a location to be active, Merchant may remove it by notice to Yiftee and Merchant will no longer be charged for such location on the following month’s billing cycle (and for clarity, no partial refunds for an unused portion of a month will be due). The initial Subscription Fee(s) shall be as agreed during Registration, but may change from time to time upon notice to Merchant, provided that no Subscription Fee modification will be retroactively applied. Subscription Fees will be charged in advance, on the date the parties first enter into this Agreement and each month “anniversary” thereafter for monthly Subscription Fees, or each anniversary thereafter for yearly Subscription Fees, unless, in each case, Merchant provides Yiftee with fifteen (15) days’ notice prior to the end of the then-current subscription term, of its desire not to renew. If Merchant adds any active locations during a subscription term, Yiftee will automatically charge Merchant for each such addition (even for annual subscriptions); active locations are calculated according to the number of locations active at the monthly anniversary date (again, even for annual subscriptions). No refunds will be granted for Subscription Fees, regardless of whether the Agreement terminates prior to the end of any applicable subscription term to which such Subscription Fees apply, or for locations that may be removed prior to any monthly anniversary date. Subscription Fees will be charged to the payment method provided by Merchant at Registration. Failure to keep such payment method details current and accurate may result in Yiftee’s failure to collect Subscription Fees, and may result in the suspension or termination of Merchant’s account. In certain cases, Merchant may enter into this Agreement in connection with a number of services offered by an independent services organization (“ISO”) or merchant services provider (“MSP”), in which case, if agreed by Yiftee, Subscription Fees may be payable directly to the ISO or MSP (but it shall be considered a breach of this Agreement to not pay such amounts when due and payable). No ISO or MSP is a party to or third party beneficiary of this Agreement. Yiftee or such ISO or MSP may waive or reduce Subscription Fees at its discretion, but is under no obligation to do so. For example, Yiftee, an ISO, or an MSP may waive Subscription Fees for the first subscription term as a “trial period,” but Merchant understands and agrees that such subscription will automatically begin at the end of the trial period and will renew as described herein and may carry a Subscription Fee upon the conclusion of such trial period and on each renewal thereafter. Yiftee may, in its sole discretion and upon mutual agreement with Merchant, provide an alternative or supplement to Subscription Fees in the form of a Restocking Fee. The Restocking Fee will be applied to any promotional gift given by the merchant as part of a marketing campaign that has an expiration date (i.e., does not have infinite expiration). Upon expiration, the unused portion of an expired gift, less the stipulated Restocking Fee, will be returned to the Merchant. Notwithstanding the foregoing, specific payment terms for Merchants who are participating in a Community Card shall be defined in the Community Card Agreement, Appendix A, pertaining to Merchant’s specific geographic area. Yiftee may, at their sole discretion, waive subscription and/or other fees for Merchants participating in Community Cards. A Community Card shall be defined as a single eGift Card, branded for a Community, which can be redeemed at multiple disassociated brand merchants in a specified geographic area. Payment for Community Card redemption at any participating Merchant requires that the Merchant opt-in to their specific Community Card program, and shall be made through a deposit account held at a member of the US Federal Reserve System that is an FDIC-insured bank.
Appears in 1 contract
Samples: Yiftee Merchant Agreement
Payment Taxes. Merchant will pay Yiftee an advance monthly or annual subscription fee (“Subscription Fee”) for each month (or year, as applicable) during the term of this Agreement, which may include a component that varies based on how many Merchant locations it wishes Vouchers to be available for. Yiftee may also make available, at Yiftee’s sole discretion, alternative methods of subscription payment which may be a billed function of the redeemed Gift Value. A location will be considered “active” for the purposes of calculating the Subscription Fee after it runs the Yiftee-provided “Activation Card” and has designated its account as Active (for POS-based systems, other means of activating locations will be mutually agreed to by Yiftee and MerchantXxxxxxxx). If a Merchant no longer wishes a location to be active, Merchant may remove it by notice to Yiftee and Merchant will no longer be charged for such location on the following month’s billing cycle (and for clarity, no partial refunds for an unused portion of a month will be due). The initial Subscription Fee(s) shall be as agreed during Registration, but may change from time to time upon notice to Merchant, provided that no Subscription Fee modification will be retroactively applied. Subscription Fees will be charged in advance, on the date the parties first enter into this Agreement and each month “anniversary” thereafter for monthly Subscription Fees, or each anniversary thereafter for yearly Subscription Fees, unless, in each case, Merchant Xxxxxxxx provides Yiftee with fifteen (15) days’ notice prior to the end of the then-current subscription term, of its desire not to renew. If Merchant adds any active locations during a subscription term, Yiftee will automatically charge Merchant for each such addition (even for annual subscriptions); active locations are calculated according to the number of locations active at the monthly anniversary date (again, even for annual subscriptions). No refunds will be granted for Subscription Fees, regardless of whether the Agreement terminates prior to the end of any applicable subscription term to which such Subscription Fees apply, or for locations that may be removed prior to any monthly anniversary date. Subscription Fees will be charged to the payment method provided by Merchant at Registration. Failure to keep such payment method details current and accurate may result in Yiftee’s failure to collect Subscription Fees, and may result in the suspension or termination of Merchant’s account. In certain cases, Merchant may enter into this Agreement in connection with a number of services offered by an independent services organization (“ISO”) or merchant services provider (“MSP”), in which case, if agreed by Yiftee, Subscription Fees may be payable directly to the ISO or MSP (but it shall be considered a breach of this Agreement to not pay such amounts when due and payable). No ISO or MSP is a party to or third party beneficiary of this Agreement. Yiftee or such ISO or MSP may waive or reduce Subscription Fees at its discretion, but is under no obligation to do so. For example, Yiftee, an ISO, or an MSP may waive Subscription Fees for the first subscription term as a “trial period,” but Merchant Xxxxxxxx understands and agrees that such subscription will automatically begin at the end of the trial period and will renew as described herein and may carry a Subscription Fee upon the conclusion of such trial period and on each renewal thereafter. Yiftee may, in its sole discretion and upon mutual agreement with Merchant, provide an alternative or supplement to Subscription Fees in the form of a Restocking Fee. The Restocking Fee will be applied to any promotional gift given by the merchant as part of a marketing campaign that has an expiration date (i.e., does not have infinite expiration). Upon expiration, the unused portion of an expired gift, less the stipulated Restocking Fee, will be returned to the Merchant. Notwithstanding the foregoing, specific payment terms for Merchants who are participating in a Community Card shall be defined in the Community Card Agreement, Appendix A, pertaining to Merchant’s specific geographic area. Yiftee may, at their sole discretion, waive subscription and/or other fees for Merchants participating in Community Cards. A Community Card shall be defined as a single eGift Card, branded for a Community, which can be redeemed at multiple disassociated brand merchants in a specified geographic area. Payment for Community Card redemption at any participating Merchant requires that the Merchant opt-in to their specific Community Card program, and shall be made through a deposit account held at a member of the US Federal Reserve System that is an FDIC-insured bank.
Appears in 1 contract
Samples: Yiftee Merchant Agreement
Payment Taxes. Merchant will pay Yiftee an advance monthly or annual subscription fee (“Subscription Fee”) for each month (or year, as applicable) during the term of this Agreement, which may include a component that varies based on how many Merchant locations it wishes Vouchers to be available for. Yiftee may also make available, at Yiftee’s sole discretion, alternative methods of subscription payment which may be a billed function of the redeemed Gift Value. A location will be considered “active” for the purposes of calculating the Subscription Fee after it runs the Yiftee-provided “Activation Card” and has designated its account as Active (for POS-based systems, other means of activating locations will be mutually agreed to by Yiftee and Merchant). If a Merchant no longer wishes a location to be active, Merchant may remove it by notice to Yiftee and Merchant will no longer be charged for such location on the following month’s billing cycle (and for clarity, no partial refunds for an unused portion of a month will be due). The initial Subscription Fee(s) shall be as agreed during Registration, Registration but may change from time to time upon notice to Merchant, provided that no Subscription Fee modification will be retroactively applied. Subscription Fees will be charged in advance, on the date the parties first enter into this Agreement and each month “anniversary” thereafter for monthly Subscription Fees, or each anniversary thereafter for yearly Subscription Fees, unless, in each case, Merchant provides Yiftee with fifteen (15) days’ notice prior to the end of the then-current subscription term, of its desire not to renew. If Merchant adds any active locations during a subscription term, Yiftee will automatically charge Merchant for each such addition (even for annual subscriptions); active locations are calculated according to the number of locations active at the monthly anniversary date (again, even for annual subscriptions). No refunds will be granted for Subscription Fees, regardless of whether the Agreement terminates prior to the end of any applicable subscription term to which such Subscription Fees apply, or for locations that may be removed prior to any monthly anniversary date. Subscription Fees will be charged to the payment method provided by Merchant at Registration. Failure to keep such payment method details current and accurate may result in Yiftee’s failure to collect Subscription Fees, Fees and may result in the suspension or termination of Merchant’s account. In certain cases, Merchant may enter into this Agreement in connection with a number of services offered by an independent services organization (“ISO”) or merchant services provider (“MSP”), in which case, if agreed by Yiftee, Subscription Fees may be payable directly to the ISO or MSP (but it shall be considered a breach of this Agreement to not pay such amounts when due and payable). No ISO or MSP is a party to or third third-party beneficiary of this Agreement. Yiftee or such ISO or MSP may waive or reduce Subscription Fees at its discretion, discretion but is under no obligation to do so. For example, Yiftee, an ISO, or an MSP may waive Subscription Fees for the first subscription term as a “trial period,” but Merchant understands and agrees that such subscription will automatically begin at the end of the trial period and will renew as described herein and may carry a Subscription Fee upon the conclusion of such trial period and on each renewal thereafter. Yiftee may, in its sole discretion and upon mutual agreement with Merchant, provide an alternative or supplement to Subscription Fees in the form of a Restocking Fee. The Restocking Fee will be applied to any promotional gift given by the merchant as part of a marketing campaign that has an expiration date (i.e., does not have infinite expiration). Upon expiration, the unused portion of an expired gift, less the stipulated Restocking Fee, will be returned to the Merchant. Notwithstanding the foregoing, specific payment terms for Merchants who are participating in a Community Card shall be defined in the Community Card Agreement, Appendix A, pertaining to Merchant’s specific geographic area. Yiftee may, at their sole discretion, waive subscription and/or other fees for Merchants participating in Community Cards. A Community Card shall be defined as a single eGift Card, branded for a Community, which can be redeemed at multiple disassociated brand merchants in a specified geographic area. Payment for Community Card redemption at any participating Merchant requires that the Merchant opt-in to their specific Community Card program, and shall be made through a deposit account held at a member of the US Federal Reserve System that is an FDIC-insured bank.
Appears in 1 contract
Samples: Yiftee Merchant Agreement