Common use of Retailer’s Obligations Clause in Contracts

Retailer’s Obligations. Retailer’s obligations include the following: (a) Honor the Card as a method of payment for purchases and display point-of-sale signage (subject to Retailer’s approval of the content of such signage) relating to the Program which is distributed or approved by Bank; (b) Promote, accept and process Account credit applications from customers in accordance with this Agreement and the Operating Procedures (e.g., ensure that requested fields are completed, verify identification, provide required terms and disclosures, etc.), without discrimination of any kind; (c) Process only bona fide charges and credits and transmit them to Bank in the required format, as set forth in the Operating Procedures; (d) Ensure that all written information about the Program (other than Bank’s printed terms and approved written credit disclosures) developed by Retailer, and all Program advertising conducted by Retailer, which is provided or directed to prospective applicants, customers and Accountholders is accurate and legally compliant in all material respects, and refer prospective applicants and customers to the printed Program terms for detailed information; ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934. (e) Except for Retailer-Generated Materials (as defined in Section 21(g)(ii)) approved by Bank pursuant to Xxxxxxn 21(g)(ii), Retailer will only use documents, forms, terms and conditions, and other similar content in connection with the Program that were provided to Retailer by Bank (and in each case only the latest version), and in the manner directed by Bank, and Retailer will not modify any such Bank-provided documents, forms, terms and conditions, or other similar content without Bank’s prior written consent, which consent shall not be unreasonably withheld or delayed. In addition, Retailer will cooperate in a commercially reasonable manner with Bank to coordinate implementing changes to such Bank-provided documents, forms, terms and conditions, and other similar content used in connection with the Program based on actual or anticipated changes in applicable law, as determined by Bank; (f) Cooperate in the resolution of any Accountholder disputes; respond within twenty (20) days to any dispute forwarded to Retailer from Bank, and; forward to Bank promptly after receipt by Retailer copies of any communication relating to an Account received from any person; (g) Obtain an authorization code from Bank on all transactions prior to submission, and call Bank’s voice authorization facility prior to completion of a transaction in any case involving suspicious or unusual circumstances, including those in which the signature on the sales slip does not match the signature on the Card; (h) Maintain legally compliant return and exchange policies, and ensure that any material restriction or limitation is clearly and conspicuously disclosed to customers; (i) Comply in all material respects with applicable laws, the terms of this Agreement, the Operating Procedures (as such Operating Procedures may be modified or updated from time to time by Bank), and other bulletins provided to Retailer from time to time; (j) Train relevant personnel sufficiently so as to be able to properly fulfill Retailer’s responsibilities under the Program, it being understood that (i) Bank may develop and shall bear the cost associated with the production of any training materials for the Program and that Bank may administer programs to instruct the trainers responsible for administering the training contemplated hereunder at times and locations to be mutually agreed upon by the parties and (ii) Retailer shall not offer any incentives to Retailer’s employees in connection with the Program (e.g., spiffs for Account origination) without Bank’s prior written approval of the terms, conditions and procedures applicable to any such incentive; (k) Deliver all goods and/or services covered by any charge processed under Section 4 prior to the time the charge is processed; and (l) Maintain a reference to the Program on the homepage of Retailer’s website notifying users of the availability of the Program, the language of which reference shall be subject to the reasonable approval of Bank.

Appears in 2 contracts

Samples: Retailer Program Agreement (Haverty Furniture Companies Inc), Retailer Program Agreement (Haverty Furniture Companies Inc)

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Retailer’s Obligations. Retailer’s obligations include the following: (a) Honor the Card as a method of payment for purchases and display point-of-sale signage (subject use commercially reasonable efforts to Retailer’s approval of the content of such signage) relating to promote the Program which is distributed or approved by Bankthrough all sales channels; (b) Promote, accept receive and process Account credit applications for Accounts from non-commercial customers and otherwise operate the Program, each in accordance with this Agreement and the Operating Procedures (e.g., ensure that requested fields are completed, verify identification, provide required terms and disclosures, etc.), without discrimination of any kind; (c) Process only bona fide charges and credits and transmit them to Bank in the required format, as set forth in the Operating Procedures; (d) Except for Account applications sent directly to the Bank by applicants, follow all procedures provided to it by Bank in taking and promptly submitting to Bank credit applications for Accounts, ensure that all credit applications received in-store are signed in person by the applicant; and provide to each applicant at the time the credit application is received by Retailer a complete and current copy of the applicable terms and conditions and privacy policy that applies to the Account as furnished to it by the Bank; (e) Ensure that all written information information, about the Program (other than Bank’s printed terms and approved written credit disclosures) developed other Program materials furnished by Retailerthe Bank), and all Program advertising conducted by Retailer, which is provided or directed to prospective applicants, customers and Accountholders is complete and accurate and legally compliant in all material respectsis approved by the Bank or otherwise follows the Operating Procedures, and refer prospective applicants and customers to the printed Program terms for detailed information; ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.; (ef) Except for Retailer-Generated Materials (as defined in Section 21(g)(ii)) approved by Bank pursuant to Xxxxxxn 21(g)(ii), Retailer will only Only use documents, forms, terms documents and conditions, and other similar content forms in connection with the Program that were provided to Retailer Retailer, or approved in writing, by Bank (and in each case only the latest versionversion of such documents so provided by the Bank), EX10.1 and in the manner directed by Bank, and Retailer will not modify refrain from modifying any such Bank-provided documents, forms, terms and conditions, approved documents or other similar content forms without Bank’s prior written consent; (g) Except for Account applications sent directly to the Bank by applicants, which consent shall not be unreasonably withheld provide to consumers at the time a transaction is completed, or delayed. In additionan application is accepted, all disclosures, including, without limitation, promotional disclosures, that are required by the Operating Procedures or otherwise communicated to Retailer will cooperate in a commercially reasonable manner with Bank to coordinate implementing changes to such Bank-provided documents, forms, terms and conditions, and other similar content used in connection with the Program based on actual or anticipated changes in applicable law, as determined by Bank; (fh) Cooperate in the resolution of any Accountholder disputes; respond within twenty (20) days to any dispute forwarded to Retailer from Bank, and; and forward to Bank promptly after receipt by Retailer copies of any communication relating to an Account received from any person; (gi) Obtain an authorization code from Bank on all transactions prior to submission, and or call Bank’s voice authorization facility as per the Operating Procedures prior to completion of a transaction in any case involving suspicious or unusual circumstances, including those in which the signature on the sales slip does not match the signature on the Card; (hj) Maintain legally compliant return and exchange policies, and ensure policies that any material restriction or limitation is are clearly and conspicuously disclosed to customers; (ik) Comply in all material respects at all times with applicable laws, the terms of this Agreement, the Operating Procedures (as such Operating Procedures may be modified or updated from time to time by Bank)Bank and, as provided in Section 17, accepted by Retailer, and other bulletins provided to Retailer from time to timetime that supplement the Operating Procedures as necessary to ensure that the Program complies with Applicable Law; (jl) Train relevant its personnel sufficiently or, at Retailer’s option permit Bank to conduct training of Retailer personnel, so as to be able to properly fulfill Retailer’s its responsibilities under the Program, it being understood that (i) Bank may develop and shall bear the cost associated with the production of any training materials for the Program and that Bank may administer programs to instruct the trainers responsible for administering the training contemplated hereunder at times and locations to be mutually agreed upon by the parties and (ii) Retailer shall not offer any incentives to Retailer’s employees in connection with the Program (e.g., spiffs for Account origination) without Bank’s prior written approval of the terms, conditions and procedures applicable to any such incentive; (km) Deliver all the goods and/or and services covered by any charge processed under Section 4 prior to or at the time the charge is processed; (n) Not implement any employee incentive program that is related to the Program unless the employee incentive program has been mutually agreed to by the parties in writing; and (lo) Maintain If applicable, in the case of an Absentee Purchase, follow the procedures for Card-Not-Present Purchase transactions as provided for in the Operating Procedures and this Agreement. “Absentee Purchase” means a reference purchase of any of products or services from Retailer charged to an Account where the Program Account information necessary to effect the purchase is provided on the homepage of telephone, by mail or through Retailer’s website notifying users website, and includes any purchase made in the absence of the availability of the Program, the language of which reference shall be subject to the reasonable approval of Banka Card.

Appears in 1 contract

Samples: Retailer Program Agreement (Select Comfort Corp)

Retailer’s Obligations. Retailer’s obligations include the following: (a) Honor the Card as a method of payment for purchases and display point-of-sale signage (subject to Retailer’s approval of the content of such signage) relating to the Program which is distributed or approved by Bank; (b) Promote, accept and process Account credit applications for Accounts from certain of its customers for certain promotions and only for personal, family or household purposes, in accordance with this Agreement and the Operating Procedures (e.g., ensure that requested fields are completed, verify identification, provide required terms and disclosures, etc.), without discrimination of any kind; (c) Process only bona fide charges and credits and transmit them to Bank in the required format, as set forth in the Operating Procedures; (d) Ensure that all written information information, about the Program (other than Bank’s printed terms and approved written credit disclosures) developed by Retailerterms), and all Program advertising conducted by Retailer, which is provided or directed to prospective applicants, customers and Accountholders is complete, accurate and legally compliant in all material respectscompliant, and refer prospective applicants and customers to the printed Program terms for detailed information; ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.; (e) Except for Retailer-Generated Materials (as defined in Section 21(g)(ii)) approved by Bank pursuant to Xxxxxxn 21(g)(ii), Retailer will only Only use documents, forms, terms documents and conditions, and other similar content forms in connection with the Program that were provided to Retailer Retailer, or approved in writing, by Bank (and in each case only the latest version), version of such documents) and in the manner directed by Bank, and Retailer will not modify refrain from modifying any such Bank-provided documents, forms, terms and conditions, approved documents or other similar content forms without Bank’s prior written consent, which consent shall not be unreasonably withheld or delayed. In addition, Retailer will cooperate in a commercially reasonable manner with Bank to coordinate implementing changes to such Bank-provided documents, forms, terms and conditions, and other similar content used in connection with the Program based on actual or anticipated changes in applicable law, as determined by Bank; (f) Cooperate in the resolution of any Accountholder disputes; respond within twenty ten (2010) days to any dispute forwarded to Retailer from Bank, and; forward to Bank promptly after receipt by Retailer copies of any communication relating to an Account received from any person; (g) Obtain an authorization code from Bank on all transactions prior to submission, and call Bank’s voice authorization facility prior to completion of a transaction in any case involving suspicious or unusual circumstances, including those in which the signature on the sales slip does not match the signature on the Card; (h) Maintain fair and legally compliant return and exchange policies, and ensure that any material restriction or limitation is clearly and conspicuously disclosed to customers; (i) Comply in all material respects at all times with applicable laws, the terms of this Agreement, the Operating Procedures (as such Operating Procedures may be modified or updated from time to time by Bank), and other bulletins provided to Retailer by Bank from time to time; (j) Train relevant its personnel sufficiently sufficiently, and provide time and space for Bank to conduct training of Retailer personnel, so as to be able to properly fulfill Retailer’s its responsibilities under the Program, it being understood that (i) Bank may develop and shall bear the cost associated with the production of any training materials for the Program and that Bank may administer programs to instruct the trainers responsible for administering the training contemplated hereunder at times and locations to be mutually agreed upon by the parties and (ii) Retailer shall not offer any incentives to Retailer’s employees in connection with the Program (e.g., spiffs for Account origination) without Bank’s prior written approval of the terms, conditions and procedures applicable to any such incentive; (k) Deliver all goods and/or services covered by any charge processed under Section 4 3 prior to the time Retailer submits the charge is processedapplicable Charge Transaction Data to Bank for settlement under such Section; and (l) Maintain a reference Retailer shall (i) develop and implement during each Program Year (as defined below) multiple credit promotions (the Retailer Fee Percentages for which are set forth on Schedule 5(a)) to finance such products as Retailer may from time to time select, and (ii) actively promote the use of such credit promotions in connection with such products. As use in this Agreement, “Program Year” means the twelve-month period between anniversaries of the Effective Date, with the first such period beginning on the homepage of Retailer’s website notifying users of the availability of the Program, the language of which reference shall be subject to the reasonable approval of BankEffective Date.

Appears in 1 contract

Samples: Retailer Program Agreement (Conns Inc)

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Retailer’s Obligations. Retailer’s obligations include the following: (a) Honor the Card as a method of payment for purchases and display point-of-sale signage (subject to Retailer’s approval of the content of such signage) relating to the Program which is distributed or approved by Bank; (b) Promote, accept and process Account credit applications from customers in accordance with this Agreement and the Operating Procedures (e.g., ensure that requested fields are completed, verify identification, provide required terms and disclosures, etc.), without discrimination of any kind; (c) Process only bona fide charges and credits and transmit them to Bank in the required format, as set forth in the Operating Procedures; (d) Ensure that all written information about the Program (other than Bank’s printed terms and approved written credit disclosures) developed by Retailer, and all Program advertising conducted by Retailer, which is provided or directed to prospective applicants, customers and Accountholders is accurate and legally compliant in all material respects, and refer prospective applicants and customers to the printed Program terms for detailed information; ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.; (e) Except for Retailer-Generated Materials (as defined in Section 21(g)(ii)) approved by Bank pursuant to Xxxxxxn 21(g)(ii), Retailer will only Only use documents, forms, terms documents and conditions, and other similar content forms in connection with the Program that were provided to Retailer Retailer, or approved in writing, by Bank (and in each case only the latest version), and in the manner directed version of such documents supplied by Bank, ) and Retailer will not modify refrain from modifying any such Bank-provided documents, forms, terms and conditions, approved documents or other similar content forms without Bank’s prior written consent, which consent shall not be unreasonably withheld or delayed. In addition, Retailer will cooperate in a commercially reasonable manner with Bank to coordinate implementing changes to such Bank-provided documents, forms, terms and conditions, and other similar content used in connection with the Program based on actual or anticipated changes in applicable law, as determined by Bank; (f) Cooperate in the resolution of any Accountholder disputes; respond within twenty (20) days to any dispute forwarded to Retailer from Bank, and; forward to Bank promptly after receipt by Retailer copies of any communication relating to an Account received from any person; (g) Obtain an authorization code from Bank on all transactions prior to submission, and call Bank’s voice authorization facility prior to completion of a transaction in any case involving suspicious or unusual circumstances, including those in which the signature on the sales slip does not match the signature on the Card; (h) Maintain legally compliant return and exchange policies, and ensure that any material restriction or limitation is clearly and conspicuously disclosed to customers; (i) Comply in all material respects with applicable laws, the terms of this Agreement, the Operating Procedures (as such Operating Procedures may be modified or updated from time to time by Bank), and other bulletins provided to Retailer from time to time; (j) Train relevant its personnel sufficiently so as sufficiently, or at Bank’s option permit Bank to be able to properly fulfill Retailer’s responsibilities under conduct training of Retailer personnel, at the Program, it being understood that (i) Bank may develop and shall bear the cost associated with the production of any training materials for the Program and that Bank may administer programs to instruct the trainers responsible for administering the training contemplated hereunder at times and locations to be mutually agreed upon by the parties and (ii) Retailer shall not offer any incentives parties, so as to Retailer’s employees in connection with be able to properly fulfill its responsibilities under the Program (e.g., spiffs for Account origination) without Bank’s prior written approval of the terms, conditions and procedures applicable to any such incentiveProgram; (k) Deliver all goods and/or services covered by any charge processed under Section 4 prior to the time the charge is processed; and (l) Maintain a reference to the Program on the homepage of Retailer’s website notifying users of the availability of the Program, the language of which reference shall be subject to the reasonable approval of Bank.

Appears in 1 contract

Samples: Retailer Program Agreement (Haverty Furniture Companies Inc)

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