Merchant Agreement (Shop Pay Installments)
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Affirm, Inc. Order Form No. 1
Last Updated: July 29, 2025
1. Merchant Legal Name: Such entity or other business organization that agrees to the terms and conditions hereof (“Merchant”).
2. Affirm Party Name:
Where Services will be provided in the United States: Affirm, Inc. (“Affirm U.S.”) Where Services will be provided in Canada: Affirm Canada Holdings, Ltd. (“Affirm Canada”)
Where Services will be provided in the U.K.: Affirm U.K. Limited (“Affirm U.K.” and, the applicable of Affirm U.S., Affirm Canada and Affirm U.K., “Affirm”)
3. Launch Date: The “Launch Date” means the date on which Merchant makes the Services available on the Merchant Site.
4. Term: This Order Form No. 1 will remain in effect throughout the Term of the Agreement, unless terminated in accordance with the Agreement.
5. Merchant Site: The “Merchant Site” means the URL provided by Merchant and any other web address approved by Affirm in writing to display the Services during the Term.
6. Channel: eCommerce and/or In-Store Channel, as approved by Affirm in writing during the Term.
7. Territory: “Territory” means any state, jurisdiction, or territory authorized by Affirm in its sole discretion.
8. Merchant Fees to Affirm: With respect to each Successful Transaction during the Term, Merchant will pay to Affirm a fee equal to (a) $0.30 for such Successful Transaction (the “Transaction Fee”), plus (b) the applicable percentage of the gross dollar amount of such Successful Transaction (including any Upfront Payments) (each, a “Merchant Discount Rate” or “MDR,” and together with the Transaction Fee, the “Fees”), each of (a) and (b) as set forth in Shopify’s merchant portal on Shopify’s website and incorporated herein by reference as the “Fee Schedule.” All Fees incurred under this Order Form No. 1 will be payable in accordance with the Agreement and subject to adjustment in accordance with the Agreement. Fees are not refundable.
9. Supplemental Terms.
(a) Relationship between Merchant and Shopify. As of the Effective Date, Merchant and Shopify Inc. (or its Affiliates) (collectively, “Shopify”), are party to an agreement pursuant to which Shopify’s platform (the “Shopify Platform”) hosts Merchant Sites and allows customers to purchase Merchant Products (as defined in the Merchant Agreement) through Merchant Sites.
(b) Marketing Materials. Notwithstanding anything to the contrary in the Agreement, if Merchant markets the Services, Merchant must do so in accordance with Applicable Law and any guidelines provided by Affirm and Shopify as applicable, including Affirm’s marketing guidelines located at: https://help.shopify.com/en/manual/payments/shop-pay-installments (“Affirm Approved Materials”) to offer or market the Services (unless an exception is expressly approved by Affirm in writing in accordance with the Brand Guidelines).
(c) Termination. Notwithstanding anything to the contrary in the Agreement, either Party may terminate this Agreement or any Order Form, without cause at any time or in connection with the termination of the Program Agreement. Affirm may terminate this Agreement or any Order Form by providing written or electronic notice to Merchant, such notice may be sent by Shopify to send to Merchant on Affirm’s behalf. Merchant may terminate this Agreement or any Order Form by providing written or electronic notice to Affirm or Shopify. Any termination by Affirm in accordance with this Agreement will be without cost or penalty.
(d) Amendments. Notwithstanding anything to the contrary in the Agreement, Affirm may update, amend and/or change the Agreement (any such update, amendment or change, an “Amendment”). Merchant is advised to check the terms of this Agreement from time to time for any updates or changes that may be of impact.
(e) Except as expressly modified in this Section 9, all terms and conditions of the Agreement remain unchanged and in full force and effect. In the event of any inconsistency, conflict or ambiguity as to the rights and obligations of the Parties under this Section 8 and the Merchant Agreement, the terms of this Section 8 will control and supersede any such inconsistency, conflict or ambiguity.
This Order Form No. 1 is entered into as of the Launch Date (the “Effective Date”) by and between Affirm and Merchant and is incorporated by reference into and governed by the Merchant Agreement located at https://www.affirm.com/terms/merchant-agreement (the “Merchant Agreement”). Capitalized terms not otherwise defined herein have the meanings ascribed to them in the Merchant Agreement.
I hereby represent that I am an authorized signatory of the respective entity named in this Order Form No. 1 and have read, understood, and agree to be bound by the terms of this Agreement as applicable to each Party's performance and obligations under the Agreement.
