GetFinancing Merchant User Agreement

1. Your relationship with GetFinancing

1.1 Your use of GetFinancing’s software, services and promotional images including but not limited to “Icons” referred to collectively as the “Services” is subject to the terms and conditions set forth in this legal "Agreement" between you and GetFinancing. Icons include buttons, icons, banners and similar items provided by GetFinancing in connection with providing the Services.
1.2 “GetFinancing” means the trademark owned by Emerging Payments Technologies, Inc. (“Emerging Payments”) whose principal place of business is 6 West End Court, Suite # 1, Long Branch, NJ 07740, United States. Throughout this document, the terms “GetFinancing” and “Emerging Payments” are used interchangeably. This “Agreement” sets out the “Terms and Conditions” (or “Terms”) governing the use of the Services.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to and accept the Terms and Conditions of use of our Services by electronically signing this document.
2.2 You may not accept the Terms of use of these Services if (a) you are not of legal age to form a binding contract with GetFinancing; or (b) you are a person barred from receiving the Services under the laws of the United States.
2.3 Once you accept the Terms of use, GetFinancing will seek approval for the issuance of merchant account(s) from one or more of its participating banks or other financial institutions that may issue revolving credit lines, credit installment loans or leases to your eligible customers that apply for credit at point of purchase on your website or brick and mortar locations. You acknowledge and understand that GetFinancing affiliated banks may offer purchase financing to your customers and that GetFinancing is not responsible for examining or evaluating such offerings and that GetFinancing does not warrant the offerings of any bank or financial institution. GetFinancing reserves the right to determine whether or not to accept an applicant as a Merchant and whether or not to provide the Services.

3. License from GetFinancing

3.1 GetFinancing grants you a royalty-free, non-transferable and non-exclusive license to use the Icons provided to you by GetFinancing as part of the Services.
3.2 Unless GetFinancing has given you specific written permission to do so, you may not assign or transfer (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.

4. Merchant Representations

4.1 You represent and warrant that you are engaged in legal activities conducted in compliance with all applicable laws and the use of this Service does not violate any licensing or other law, rule or regulation that governs your business (including but not limited to those governing financial services, consumer protection, unfair competition, anti-discrimination, and false advertising); you are not engaged in any consumer fraud or deceptive trade practice and you agree that your products and/or services do not violate any local, State or Federal law, rule or regulation; and you will use the Services only to facilitate the purchase of goods and services you offer for sale in the ordinary course of your business.

5. Use of the Services by You

5.1 Merchant hereby grants to GetFinancing a limited, non-exclusive, non-transferable license to feature any trademark or logo that Merchant may provide to GetFinancing on the GetFinancing website. Merchant further agrees that upon the consummation of this Agreement, GetFinancing may list Merchant’s corporate name and logo on the GetFinancing website and in its marketing materials indicating Merchant’s utilization of the Services of GetFinancing.
5.2 In order to access the Services, you may be required to provide information about yourself and your company, including but not limited to information you provide or provided in the “Merchant Application,” which can be found at http://www.getfinancing.com/signup. You agree that any registration information you give to GetFinancing will be accurate, correct and up to date.
5.3 In the event you (a) change the nature of your business or the goods and services you offer for sale in a material way after the date you accept and submit this Agreement or (b) want to use the Services on additional websites you launch or maintain, you agree to notify GetFinancing of such changes by sending such URLs to GetFinancing by email to merchantsales@getfinancing.com. GetFinancing will have the right to review and terminate your account in its sole discretion.

6. Privacy and Your Personal Information

6.1 For information about GetFinancing’s data protection practices, please read GetFinancing’s privacy policy at http://www.getfinancing.com/privacy. This policy explains how GetFinancing treats customers’ personal information and protects privacy when you use the Services.

7. Proprietary Rights and Intellectual Property

7.1 You acknowledge and agree that GetFinancing (or GetFinancing’s licensors including banks, financial institutions and other companies that GetFinancing works with in relation to providing the Services) own all legal right, title and interest in and to the Services, including any intellectual property and any related rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7.2 You understand and agree that you cannot and will not mention or use GetFinancing’s name or the names of any of its partners and affiliates that may provide the Services in any of your marketing materials without the prior written consent of GetFinancing. Notwithstanding the preceding sentence, you may use the Icons supplied to you by GetFinancing on your website(s) as set forth in this Agreement.
7.3 All Icons relating to the Services are the property of GetFinancing or its affiliates and are protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed, regardless of whether or where such rights are filed. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Icon, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on GetFinancing’s site or the Icons, except as specifically permitted herein, is strictly prohibited. GetFinancing is a registered trademark of Emerging Payments Technologies, Inc. All other marks, names, and logos mentioned on GetFinancing’s site or in the Icons are the property of their respective owners and similarly may not be used outside the Services or modified or altered in any way whatsoever.

8. Provision of the Services by GetFinancing

8.1. You acknowledge and agree that the form and nature of the Services that GetFinancing provides may change from time to time without prior notice to you.
8.2 You acknowledge and agree that GetFinancing may stop (permanently or temporarily) providing the Services (or any features of the Services) to you at GetFinancing’s sole discretion, without prior notice to you.

9. Ending Your Relationship with GetFinancing

9.1 The Terms will apply beginning on the date you are approved as a participating GetFinancing merchant and continue to apply until terminated by either you or GetFinancing as set out below.
9.2 If you want to terminate your legal agreement with GetFinancing, you may do so by (a) notifying GetFinancing at any time; and (b) permanently removing all Icons from your websites. Your notice should be sent, in writing, to GetFinancing’s address which is set out in Section 1.2 above.
9.3 GetFinancing may at any time, terminate its legal agreement with you if:
  • You have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  • GetFinancing is required to do so by law (for example, where the provision of the Services to you is or becomes unlawful); or
  • The partner for example a bank or financial institution with whom GetFinancing offered the Services to you has terminated its relationship with GetFinancing or ceased to offer the Services to you.
9.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and GetFinancing have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 11, 12 and 13 shall continue to apply to such rights, obligations and liabilities indefinitely.

10. Relationship Among the Parties

10.1 The parties agree that we are each independent contractors and nothing contained within this Agreement will create any partnership or joint business venture, agency or franchise, sales representative, or employer / employee relationship. You shall not have any authority to make, accept, or solicit any offer or representation on behalf of GetFinancing or any of its affiliates or partners. You shall not make any verbal, written, or electronic statement that may contradict this stated relationship of the parties.

11. Limitation of Liability

11.1 You agree that GetFinancing and its affiliates, including banks and financial institutions that may provide the services shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your use of the services regardless of whether such liability is based on tort, contract, or otherwise. In no event, including without limitation a negligent act, shall GetFinancing or any of its affiliates be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the services or inability to use the services generally, or otherwise in connection with this agreement, regardless of whether GetFinancing or any of its affiliates have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

12. Merchant Indemnification

12.1 You agree to indemnify, defend and hold harmless GetFinancing and its directors, officers, employees, agents, shareholders, partners, members, and associations from and against any and all claims, suits, actions, demands, injuries, liabilities, losses or deficits, damages, judgments, settlements, costs, or expenses arising out of or related in any way to your use of the Services, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right. The terms of this provision shall survive termination of this Agreement.

13. Confidentiality

13.1 Any and all GetFinancing information, pricing, agreements, correspondence, and any information you acquire in relation to this agreement and using the Services (other than using the Icons in the manner permitted in this Agreement) shall remain strictly confidential and shall not be used, directly or indirectly, by you or any third party for your own business purposes. Furthermore, in the course of enrollment with different purchase finance programs available through GetFinancing lending platform, you the Merchant will be required to execute contracts and agreements with different lenders and therefore will be introduced to these lenders. By agreeing to the Terms of this Service contract, you are bound to confidentiality and non circumvent and therefore are prevented from contracting with these lenders directly for the purpose of arranging direct financing for your customers during the entire period of the agreement and for a period of 24 months after termination.

14. Changes to the Terms and Acceptance

14.1 GetFinancing may, in its sole discretion, make changes to the Terms from time to time. When these changes are made, GetFinancing will make a new copy of the Terms available at http://www.getfinancing.com/merchantterms and any new Additional Terms will be made available to you from within, or through, the affected Services.
14.2 You understand and agree that if you use the Services after the date on which the Terms have changed, GetFinancing will treat your use as acceptance of the updated Terms.

15. General Legal Terms

15.1 The Terms constitute the entire legal agreement between you and GetFinancing and govern your use of the Services (but excluding any services which GetFinancing may provide to you under a separate written agreement), and completely replace any prior agreements between you and GetFinancing in relation to the Services. Any Terms not covered under this Agreement will fall under the domain of the specific Lender's Terms and Conditions, as defined by their individual Agreement(s) (the "Additional Terms").
15.2 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision or provisions will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.3 This Agreement and your relationship with GetFinancing under the Terms shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. You and GetFinancing agree to submit to the exclusive jurisdiction of the courts located within the county of Hudson, New Jersey to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GetFinancing shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
15.4 Additional Terms may be found and/or referenced in the specific Lender's Agreement. Examples of such Additional Terms include, but are not limited to, consumer requirements, customer conflict resolution procedures, refund/return policy, settlement timing, additional representations, warranties and jurisdiction.

16. Fees and Settlement

16.1 Discount Fees: GetFinancing merchant discount fees vary per type of purchase finance program, and is calculated based on the face value of each successful transaction. Please reference to Appendix A for the corresponding discount fees per Lending Program and promotional offerings. All rates are subject to change according to the terms dictated by the lender’s program in which the merchant is participating. The advance notice for all terms and rate modifications will correspond to the terms of the lender’s merchant agreement.
16.2 Settlement: a) Generally, and unless indicated, the issuing lender will settle directly the amount of the purchase into the provided merchant bank account, minus the agreed discount fees as per the referenced Appendix A. (Please refer to the corresponding bank contract for details). b)For lenders that do not automatically retain a discount fee per referenced Appendix A, GetFinancing reserves the right to invoice the discount fee directly to the merchant. This discount fee will be invoiced to the merchant for each transaction and will be due upon receipt.

By accepting and submitting this Agreement, you represent and warrant that you have all necessary and required approvals and are legally authorized to enter into such Agreement and intend to be bound by its terms.

Electronic Communications

You agree to be bound by any affirmation, assent or agreement you transmit through the GetFinancing’s website, including but not limited to any consent you give to receive communications from GetFinancing solely through electronic transmission. You agree that, now and in the future when you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. In witness whereof you have agreed to and submitted this Agreement as of the date of acceptance online and have all necessary and required approvals and are legally authorized to enter into such Agreement and intend to be bound by its terms.

Fraud Prevention Rules and Measures

GetFinancing provides a fully electronic and paperless credit application process to consumers shopping online and brick and mortar points of sale. This frictionless process increases traffic conversions for its participating merchants and is ideal for e-commerce. Due to its electronic nature, and despite a very sophisticated fraud prevention software, this process is subject to be targeted by cyber criminals. For this reason we require all merchants to enforce the below posted criteria:
  1. The shipping address of the customer on the merchant Order Management System MUST match the address posted on the GetFinancing portal.
  2. Once the transaction has been approved, it is strictly forbidden to change or modify the shipping address without written permission from the Lender even if the customer calls to make that request.
  3. The participating merchant must assure that the shipping company(ies), that will fulfill the delivery of the item(s) financed through GetFinancing, do not allow customers to reroute the package to a different destination, or allow for pick up at a drop off location.
  4. Brick and mortar merchants (face-to-face transactions) are required to verify the identity of the consumer by validating that their government issued photo ID matches that of the person purchasing/financing the item. A copy of the ID must be kept on file for the duration of the term of the loan/lease.
Please note that failing to comply with these rules will be cause for termination of your GetFinancing merchant account and will/could result in:
  • Lender charging-back the full amount funded on the loan/lease;
  • Termination of your GetFinancing merchant account;
  • The deactivation of your account(s) with all affiliated GetFinancing lenders.

Contact:

Email: merchantsales@getfinancing.com
Fax: 201-865-0175
Tel: 866-298-3757

Attn: GetFinancing Business Development Group

C/O Emerging Payments Technologies, Inc.
6 West End Court, Suite # 1, Long Branch, NJ 07740

Revised April 25, 2017