United States Affirm Service Terms
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Last Updated: April 10, 2024
Capitalized terms used but not defined in the Affirm Service Terms are defined in the Order Form or Merchant Agreement.
1. Integration Overview. Affirm will: (a) provide Merchant with access to and use of certain integration resources and documentation through Affirm’s support pages located at https://docs.affirm.com/affirm-developers/docs/direct-overview and other pages on Affirm’s website (“Documentation”); and (b) upon Merchant’s reasonable request, code review related to the Integration to ensure that Merchant’s code is accurate and complies with Affirm’s technical and solution design. Merchant’s integration of the Services (the “Integration”) will be in accordance with the Documentation and Affirm’s instructions. Affirm will make public and private API keys for live and test transactions available to Merchant. Private API keys are Affirm’s Confidential Information and will be treated as such in accordance with the Agreement. Merchant will contact Affirm immediately if Merchant becomes aware of any unauthorized use of any of its private API keys. Affirm will have no liability for any Losses resulting from Merchant incorrectly integrating the Services or failing to comply with Affirm’s integration instructions or the Documentation. Affirm may from time-to-time at its sole discretion, make changes to the Services (including by adding or removing functionality) and the Documentation. Affirm will not be required to perform software development or any other manual integration assistance in connection with such assistance.
2. License Grants.
2.1 API License. Upon the terms and subject to the conditions of the Agreement, Affirm hereby grants Merchant a limited, revocable, non-exclusive, non-transferable license to integrate and access the APIs, during the Term, for the sole purpose of providing and displaying the Services in the Territory and enabling Customers to access and use the Services in the Territory.
2.2 Open Source Software. The Services may include software subject to open source or free software licenses (“Open Source Software”). Affirm provides no, and expressly disclaims any and all, representations, warranties, and conditions concerning any Open Source Software. Nothing in the Agreement grants Merchant rights that supersede the terms and conditions of any applicable Open Source Software license.
3. Privacy; Data Processing and Security. Each Party will comply with the Data Processing Addendum located at: https://www.affirm.com/terms/merchant-policies/global-dpa.
4. Risk Evaluation. If Affirm has reasonable concerns about the eligibility of Merchant (or any third party that Merchant enables to offer the Services) to offer the Services in compliance with the Agreement, Merchant will reasonably cooperate with Affirm to allow Affirm to evaluate such party’s eligibility or compliance, which may include providing Affirm with information reasonably requested by Affirm (except, in each case, to the extent such party is a publicly traded company, in which case Affirm will access publicly available information). Any information provided pursuant to this Section that is Merchant Confidential Information will be treated as such in accordance with the Agreement.
5. Fraudulent Transactions.
5.1 The Parties will work together to prevent fraudulent Customer transactions and minimize the associated risk of loss. Merchant will designate an individual who will serve as the single point of contact for fraud matters related to the Services.
5.2 Except as otherwise stated in the Agreement, Affirm assumes the risk of loss resulting from fraud by Customers with respect to Successful Transactions. Merchant assumes the risk of loss resulting from fraud (a) caused by Merchant or Merchant’s employees, contractors, representatives, or agents, (b) if applicable, caused by Merchant’s third-party sellers selling goods and/or services through a Merchant Channel or such third-party sellers’ employees, contractors, representatives, or agents, and/or (c) in connection with a Customer changing information (including shipping information) previously communicated to Affirm in the checkout flow after Affirm has approved such Customer and prior to the order being submitted to Merchant in the checkout flow (an “Updated Checkout”), unless Merchant requests Affirm’s approval via email to internationalorderreview@affirm.com and Affirm provides prior written approval. Affirm may terminate the Agreement immediately for Merchant’s breach of the foregoing. After a Customer’s order is submitted to Merchant in the checkout flow, Merchant will notify Affirm of any shipping address changes by sending updated order information via the Update Transaction API (as described in the Documentation). In the event the Update Transaction API is not available, Merchant will use best efforts to identify suspicious shipping address changes and notify Affirm of such suspicious changes by email to Affirm at internationalorderreview@affirm.com.
5.3 If Affirm informs Merchant that a transaction is fraudulent or likely fraudulent before the sale is Captured (or, in the case of an electronically delivered Merchant Product, before any applicable regulatory void period has expired), and Merchant subsequently ships or provides (or, in the case of an electronically delivered Merchant Product, does not cancel) the applicable Merchant Product despite such information, Merchant will be liable for any loss resulting from such transaction. If Affirm discovers that a Successful Transaction is fraudulent after the applicable sale is Captured, but before the applicable Merchant Product is delivered or otherwise made available to Customer, and notifies Merchant (such notice, “Affirm Fraud Notice”), Merchant will use best efforts to communicate with the applicable carrier to recall the shipment, or, as applicable for services or electronically delivered Merchant Product, cancel the provision of the applicable Merchant Product. Merchant will respond to the Affirm Fraud Notice within 24 hours and will include (a) the current status of the order; (b) what actions are being taken with respect to the fraudulent transaction; and (c) if the Merchant Product has already shipped, the tracking information, where applicable. Merchant will be liable for any loss resulting from such Successful Transaction if Merchant fails to respond to an Affirm Fraud Notice within such time period.
6. Prohibited Business Policy. Merchant will not allow the Services to be used in connection with any Prohibited Business. The categories of business and business practices described in the Prohibited Business Policy (each, a “Prohibited Business”) are located at: https://docs.affirm.com/affirm-developers/docs/compliance_and_guidelines. In addition, Merchant will not market or offer the Services, or allow the Services to be used, in connection with any Merchant Product that is subject to delayed fulfillment (e.g., preorders or backorders), unless Merchant clearly discloses on the product and checkout pages that such Merchant Product is subject to such delayed fulfillment. Merchant will not discuss Affirm or the Services with customers at any place other than Merchant’s usual place of business, where such prohibition includes, by way of example, discussions in such places as a Customer’s home, a consumer’s workplace, dormitory lounges, and facilities rented on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds, and restaurants.
7. Exclusivity. Except for the Services, during the Term, Merchant will not integrate, market, offer, sell, or promote any financial products or services in the Territory that: (a) are similar to an Affirm Product, including any closed-end installment loan or payment deferral options; or (b) are open-ended credit programs. Merchant will not be prohibited under this Section from accepting generally accepted multi-purpose credit, charge cards, or debit or secured cards (e.g., MasterCard or Visa cards), provided that Merchant will not permit any such cards to (i) be co-branded, sponsored, or co-sponsored by Merchant, or (ii) bear Merchant Marks.
8. No Discrimination or Other Disparate Treatment. Merchant will not discriminate against or otherwise disadvantage (relative to Merchant’s transactions involving other methods of payment) its customers who use or desire to use the Services to purchase a Merchant Product, which discrimination or disadvantaging may include, but is not limited to, (a) imposing surcharges, fees, or other costs on such customers; (b) excluding such customers from receiving or participating in any discounts, rebates, savings, offers, incentives, loyalty program benefits, points, or rewards; and (c) acting in a manner that violates Regulation Z, 12 C.F.R. § 1026.
9. Payout and Payment Terms.
9.1 Transactions. “Successful Transaction” means a sale of a Merchant Product to a Customer using the Services that is Captured by Merchant. Notwithstanding anything to the contrary, Successful Transactions under this Agreement may occur via a direct API (“Direct”) Integration, a one-time use virtual card (“Virtual Card”), Affirm Card™ (Virtual Cards and Affirm Card™ together are referred to herein as a “Card ”), or any combination thereof. For each Successful Transaction, Merchant will pay Fees provided herein, unless otherwise stated in the Agreement. If only one type of MDR is set forth in the Fee Schedule, Merchant will pay such MDR with respect to Successful Transactions that occur via a Card outside of the Integration (“Non-Integrated Transactions”). A sale is “Captured” when a Merchant has fulfilled the Authorized transaction to the Customer by making Merchant Product available to the Customer except where Merchant has elected to automatically capture. The definition of “Captured” related to Successful Transactions resulting from a Customer’s use of a Card may include sales for which a Customer pre-authorizes the projected gross transaction total. A sale is “Authorized” when the transaction is placed in a pending state and is available to be Captured by Merchant. In accordance with Applicable Law, Merchant is solely responsible for determining the gross transaction amount payable by Customers (inclusive of any applicable Taxes or other fees).
9.2 Payouts. Affirm, its Affiliate, or its bank partner will disburse to Merchant amounts equal to the total amount of Successful Transactions not already disbursed to Merchant less, as applicable, any Payable Amounts (each, a “Payout”). Based on Merchant’s account history and/or Affirm’s periodic risk evaluation, Affirm may, in its sole and reasonable discretion, limit the Payout in whole or in part to Merchant during a certain time period. Payouts will be disbursed to Merchant’s Bank Account, or, at Merchant’s direction, in whole or in part, directly into a deposit account for the benefit of Merchant. Following disbursement of a Payout in accordance with the above, Affirm will not be liable to Merchant for Merchant’s receipt of such Payout.
9.3 Bank Account. Merchant will establish and maintain one or more U.S. depository account(s) in good standing (each, a “Bank Account”), which may be verified by Affirm from time to time. Merchant will notify Affirm in writing at least five business days prior to any change of a Bank Account. Merchant authorizes Affirm, its Affiliate, or its bank partner(s), and will ensure that Affirm, its Affiliate, and/or its bank partner(s) are authorized by the bank holder of the applicable Bank Account, to debit the applicable Bank Account for Payable Amounts. Merchant will provide Affirm with any necessary documentation related to Affirm’s, its Affiliates’, or its bank partners’ authorization to debit the applicable Bank Account. Affirm may suspend the Services in the event that Affirm, its Affiliate or its bank partner, as applicable, is unable to debit or disburse Payouts to the Bank Account.
9.4 Payable Amounts. “Payable Amount” means amount payable by Merchant to Affirm pursuant to this Agreement, including but not limited to: (a) accrued but unpaid Fees, which are due immediately upon a Successful Transaction; (b) amounts relating to unresolved Customer Disputes; and (c) undisputed amounts owed by Merchant to Affirm, which may include amounts resulting from Customer refunds. Affirm will collect Payable Amounts by one or more of (i) netting out of Payouts, in accordance with the terms herein; (ii) debiting from a Bank Account, in accordance with the terms herein; or (iii) invoicing Merchant, which invoices will be paid by Merchant no later than 30 days after Merchant’s receipt thereof.
9.5 Card Transactions. Successful Transactions resulting from a Customer’s use of a Card will be processed pursuant to the terms and conditions of the applicable payment network (e.g., Visa) and the terms and conditions of any applicable agreement between Merchant and its acquiring bank. Merchant will be responsible for any interchange or similar processing fees charged by the applicable payment network related to the use of commercial credit or debit products in connection with the Services. With respect to Successful Transactions via a Card, Payable Amount will include the full amount of all Captured sales that (1) are forced by Merchant (i.e., funds that bypass the authorization process through manual entering of a previously obtained authorization code); or (2) exceed the applicable loan amount authorized by Affirm.
9.6 Upfront Payment. A Customer may make a one-time partial (“Down Payment") or complete payment (“Complete Payment”) (collectively, an “Upfront Payment”), of the applicable purchase price when using an Affirm Product in connection with a Successful Transaction. Affirm’s obligation to transmit an Upfront Payment to Merchant is subject to and conditioned upon successful receipt of the associated Upfront Payment from Customer. In connection with a Complete Payment, Merchant will pay Affirm the lowest activated Fees set forth in the Agreement, unless otherwise expressly stated in the Order Form. To the extent an Upfront Payment is required and as applicable, Merchant appoints Affirm Loan Services, LLC and/or Affirm Payments, LLC as its payment collection agent solely for the purpose of accepting such Upfront Payment from Customers on behalf of Merchant and such Upfront Payment will be treated as received by Merchant upon receipt by Affirm Loan Services, LLC and/or Affirm Payments, LLC, as applicable. Notwithstanding anything to the contrary in the Agreement, Affirm Loan Services LLC and Affirm Payments, LLC will be third-party beneficiaries under the Agreement to the extent necessary to agree to and uphold the foregoing appointment. Affirm Loan Services LLC’s and Affirm Payments LLC’s rights under this Section transfer to any successor of Affirm Loan Services LLC or Affirm Payments LLC, as applicable.
9.7 Returned Products; Refunds. Merchant will maintain and comply with its refund and return policy, which must be clearly and conspicuously displayed on Merchant Sites or otherwise easily accessible by Customers prior to each Customer’s completion of checkout. In the event that a Merchant Product is returned to Merchant by a Customer following a Successful Transaction, Merchant will (a) accept the return only if it is compliant with Merchant’s return policy, as set forth in the applicable Merchant Policy; (b) issue a full or partial refund and not store credit; and (c) promptly process such refund and immediately refund appropriate amounts to Affirm so that Affirm may credit the Customer’s outstanding balance accordingly. In the case of partial refunds, Merchant will determine the amount of such refund, in its sole discretion, and will be solely liable for any Merchant Customer Dispute relating thereto. Neither Merchant nor Customer may use the Services to pay for any fees, including restocking fees, charged by Merchant in connection with the return of a Merchant Product.
9.8 Past Due Amounts. Any Payable Amount that Affirm is unable to collect or Merchant otherwise fails to pay in accordance with this Agreement will be considered past due (collectively, “Past Due Amounts”). For each month where Merchant has Past Due Amounts, Merchant will incur an interest charge on the aggregate outstanding Past Due Amounts for such month equal to the lesser of (a) an annualized rate of 1.50%, or (b) the maximum amount permitted by Applicable Law.
9.9 Right to Revise Fees. Notwithstanding anything to the contrary in the Agreement, Affirm may revise the Fees, any financing program, and/or any other amounts due to Affirm under this Agreement, effective upon written notice (email sufficient) to Merchant by Affirm.
9.10 Errors. To the extent (a) a sale or a loan related to the Agreement is Captured, canceled, or voided by Merchant, directly or indirectly, whether by error or omission or (b) Merchant uses a payment processor or other similar provider and a sale or a loan related to the Agreement is Captured, canceled or voided by such provider, directly or indirectly, whether by error or omission (each, a “Transaction Error”), the Parties will work together to resolve such Transaction Error. Affirm will have no liability with respect to any Transaction Error related thereto, and Affirm may, in its sole discretion, withhold Payouts or invoice Merchant for any amounts related to such Transaction Error.
10. Currency. Unless otherwise specified in the Agreement, all references to currency, monetary values and dollars set forth herein will mean United States dollars (USD) and all payments hereunder will be made in USD.
11. Scheduled Maintenance. Affirm may apply upgrades, patches, bug fixes, or other maintenance to the Services (“Maintenance”), and Merchant will comply with any Maintenance requirements provided by Affirm. Merchant will promptly notify Affirm of, and assist Affirm in diagnosing, any failure or other impediment to Merchant’s use of the Services.
12. Capacity Planning Notification. Merchant will notify Affirm as early as reasonably possible of any anticipated substantial increase in Merchant’s or Merchant’s customers’ use of the Services and will provide estimates of anticipated demand upon Affirm’s request. Upon further request by Affirm, Merchant will promptly provide Affirm with aggregated and anonymized data regarding past and anticipated volume through the Services, including pageview volumes for webpages that host Affirm promotional messaging, overall transaction volumes, and Affirm transaction volumes (including average daily transaction volumes, daily impression volume peaks, and hourly impression volume peaks), as applicable. All information provided by Merchant pursuant to this Section will be considered Merchant Confidential Information. Merchant will not use the Services for high-frequency internal Merchant testing or load testing.
13. Liens Imposed on Merchant. In the event that any encumbrance, debt, mortgage, attachment, pledge, charge, claim, lien, or other security interest, including any filing authorized by Merchant of any financing statement under the Uniform Commercial Code or comparable law of any jurisdiction (each, a “Lien”) is created, incurred, assumed, or otherwise suffered to exist upon any Merchant Product, including inventory, assets, or any other property of Merchant, that is the subject of a Successful Transaction, (a) Merchant will promptly notify Affirm in writing of any such Lien, and (b) upon becoming aware of such Lien, either through notice by Merchant or by other means, Affirm may immediately suspend or terminate the Services, terminate all or part of the Agreement, or exercise any other rights and remedies available under the Agreement, at law or in equity.
14. Customer Dispute Resolution Procedures. All disputes, inquiries, or complaints by a Customer related to Merchant Products or business (each, a “Merchant Customer Dispute”) will be first directed to Merchant for Merchant to resolve in accordance with applicable Merchant Policy. Merchant will work in good faith to resolve each Merchant Customer Dispute in a timely manner. If Merchant is unable to resolve a Merchant Customer Dispute, Affirm will reasonably assist in facilitating resolution of the Merchant Customer Dispute in accordance with its customer dispute resolution procedures located at: https://docs.affirm.com/affirm-developers/docs/dispute-resolutions (the “CDRPs”), provided that to the extent that a Merchant Customer Dispute is related to a Successful Transaction resulting from a Customer’s use of a Card, resolution of such Merchant Customer Dispute will comply with the rules of the applicable card network. In accordance with the foregoing, Merchant will comply with Affirm’s reasonable requests, including providing Affirm with supporting documentation to resolve the Merchant Customer Dispute. Merchant will direct any disputes, inquiries, or complaints by a Customer related to the Services or business (each, an "Affirm Customer Dispute") directly to Affirm for resolution.
15. Tax Matters.
15.1 Affirm may charge, collect, deduct or withhold any applicable federal, state or local sales or use taxes (individually, a "Tax" or collectively, "Taxes") that Affirm may be legally obligated to charge, collect, deduct or withhold from any amounts payable to Merchant under the Agreement, and any payment reduced by such Taxes will constitute full payment and settlement of amounts payable to Merchant under the Agreement. If Affirm is unable to validate any Tax-related identification information Merchant has provided to Affirm, Affirm may (in its sole discretion) deduct such Taxes from amounts otherwise owed to Merchant. If Merchant is exempt from payment of any such Taxes, Merchant must provide Affirm with an original certificate that satisfies Applicable Law demonstrating Merchant's Tax-exempt status. Upon Affirm's reasonable request, Merchant must provide Affirm with any Tax information, forms, documents, invoices, or certifications as may be required to satisfy any Tax obligations of Affirm with respect to the Agreement.
15.2 Merchant will be solely responsible for identifying and paying all Taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on Merchant with respect to or in connection with Merchant's use of the Services. Merchant will have sole responsibility and liability for: (a) determining what, if any, Taxes apply to the sale of Merchant Products or any payments Merchant makes or receives in connection with Merchant's use of the Services; and (b) assessing, charging, collecting, reporting, and remitting Taxes for Merchant's business to the appropriate Tax and revenue authorities.
15.3 Pursuant to Applicable Law, Affirm may be required to file periodic informational returns with Tax authorities in relation to Merchant's use of the Services. Affirm is not responsible for any Tax filings of Merchant that are made in reliance upon any information that is provided by Merchant to Affirm. Merchant expressly consents to receive electronic delivery of copies of such informational returns (including, but not limited to all applicable Form 1099s). If Merchant would like to withdraw its consent it must notify Affirm in accordance with the terms herein. If consent is withdrawn, Affirm will mail Merchant a paper copy, however, Merchant is obligated to notify Affirm of any and all changes of address.
16. Sanctions Screen. To the extent that a Merchant enables a third party to offer the Services (e.g., a marketplace, franchise or platform) Merchant will establish, maintain, and comply with a comprehensive sanctions program (“Merchant Sanctions Program”) that meets the minimum requirements under Applicable Law. Upon request, Merchant will make commercially reasonable efforts to rectify any gaps identified by Affirm regarding Merchant Sanctions Program to the extent required to meet Applicable Law.
17. Dispute Resolution.
17.1 Arbitration. Except with respect to the specific aspect of any Dispute that reasonably requires injunctive relief as a remedy (in which case, the applicable Party may seek injunctive relief from a court of competent jurisdiction located in the Northern District of California or a California state court located in San Francisco), any Dispute will be determined by final and binding arbitration conducted by JAMS according to the rules and procedures in effect at the time the arbitration is commenced. Disputes with amounts claimed greater than $250,000 will apply the JAMS Comprehensive Arbitration Rules and Procedures, and Disputes with amounts claimed less than or equal to $250,000 will apply the JAMS Streamlined Arbitration Rules. The arbitration will be conducted before a single neutral arbitrator in San Francisco, California. Judgment on the award may be entered in any court of competent jurisdiction. This clause will not preclude either Party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In all arbitrations, each Party will bear the expense of its own counsel, experts, witnesses, administrative fees and expenses, and preparation and presentation of evidence at the arbitration. Arbitration proceedings and information related to them will be deemed and maintained as Confidential Information of each Party, including the nature and details of the Dispute, evidence produced, testimony given, and the outcome of the Dispute, unless agreed otherwise or such information was already in the public domain or was independently obtained. Merchant and Affirm, and all witnesses, advisors, and arbitrators will share such information only as necessary to prepare for or conduct arbitration or other legal proceeding, or enforcement of the outcome, unless additional disclosure is required by Applicable Law.
17.2 Governing Law. The Agreement and performance under the Agreement will be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules; provided, however, that transactions under the Agreement may involve matters of interstate commerce, and notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern the agreement to arbitrate. To the fullest extent permitted by Applicable Law, any dispute, claim, or controversy arising out of or relating to the Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including whether any claim is arbitrable, (“Dispute”), whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Dispute proceeds in court rather than through arbitration, each Party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to the Agreement or any of the transactions contemplated between the Parties.
18. Notices, Acceptances and Approvals. All notices, acceptances, approvals, and other communications provided pursuant to the Merchant Agreement will be in writing, which may be provided electronically, and deemed duly given in accordance with the Merchant Agreement. Any electronic mail sent to Affirm will be sent to: legalnotices@affirm.com.
19. Survival. In addition to Section 11.11 of the Merchant Agreement, Sections 2 (License Grants; Intellectual Property), 3 (Privacy; Data Processing and Security), 14 (Customer Dispute Resolution Procedures), 15 (Tax Matters), 17 (Dispute Resolution) and 18 (Notices, Acceptances and Approvals), as well as any other provision of the Agreement that contemplates performance or compliance subsequent to termination or expiration of the Agreement, will survive termination of the Agreement.
20. Products.
20.1 Installments. Affirm offers a closed-end installment loans for customers to finance the purchase of Merchant Products at 0% APR, or such other interest rate as determined by Applicable Law or Affirm underwriting guidelines, with various loan terms (the “Installments Product”). For clarity, specific “Pay in [number]” products may be repaid by a Customer in that number or fewer installments. Notwithstanding anything to the contrary, Affirm may, in its sole discretion and without notice to Merchant, offer a Customer a lower APR than is otherwise included in the Agreement for an Affirm Product with no change to the Fees applicable to such Successful Transaction. Installment Products are originated by an Affirm affiliate or one of its bank partners.
20.2 Additional Terms. “Adaptive Checkout” means a checkout configuration where customers are dynamically offered personalized payment options, at Affirm’s sole discretion, for each transaction. As between the Parties, Customer underwriting, credit decisioning, Customer APR, loan amounts, term lengths and cart ranges will be determined by Affirm in its sole discretion. Affirm, in its sole discretion, may deprecate, replace, or rebrand any part of the Services under the Agreement. “Territory” means any U.S. state, jurisdiction, or territory authorized by Affirm in its sole discretion.
21. Merchant Personnel. “Merchant Personnel” means Merchant’s or third party employees, personnel, contractors, representatives or agents who perform In-Store Activities and/or Telesales Activities, as applicable. To the extent Merchant’s use of the In-Store Channel is approved by Affirm, Affirm authorizes Merchant Personnel to market and offer the Services to customers by performing in-store activities that facilitate customers’ use of Affirm Products to purchase Merchant Products (the “In-Store Activities”). To the extent Merchant’s use of the Telesales Channel is approved by Affirm, Affirm authorizes Merchant Personnel to market and offer the Services to customers by telephone to facilitate customers’ use of Affirm Products to purchase Merchant Products (“Telesales Activities”). Merchant Personnel are not employees of Affirm or any of Affirm’s Affiliates, and neither Affirm nor any of its Affiliates will be liable to Merchant Personnel for any claims or causes of action arising out of, or related to, their performance of the In-Store Activities and/or Telesales Activities, as applicable, even if subsequently deemed to be an employee of Affirm under the Agreement. Merchant will be solely responsible for resolving all employment-related matters related to and claims made by Merchant Personnel, including matters involving benefits, immigration, misclassification or compensation. Upon Affirm’s request, Merchant will remove a Merchant Personnel individual from performing the In-Store Activities and/or Telesales Activities, as applicable as soon as practicable. Affirm may immediately suspend Merchant’s authorization to perform In-Store Activities and/or Telesales Activities, as applicable, if Affirm, in its sole discretion, deems one or more Merchant Personnel individuals to be a security risk with respect to the Services or Affirm’s business operations.
22. Training. To the extent Merchant’s use of the In-Store Channel and/or the Telesales Channel is approved by Affirm, Affirm will provide Merchant with appropriate training materials and instructions for the purpose of promoting the Services through In-Store Activities and/or Telesales Activities, as applicable (collectively, “Training Materials”). Merchant will ensure Merchant Personnel comply with all Training Materials and instructions provided by Affirm and will not make any statements, commitments, representations or warranties with respect to Affirm or the Services, except as expressly authorized in advance and in writing by Affirm, which authorization may be in the Training Materials. The Parties will identify and agree upon the means of training Merchant Personnel. Merchant will be solely responsible for ensuring that its Merchant Personnel (a) complete all required training prior to performing In-Store Activities and/or Telesales Activities, as applicable, and (b) comply with the instructions and Training Materials provided by Affirm. Merchant will, upon Affirm’s request, certify to Affirm that all applicable Merchant Personnel have completed Affirm’s required training.
23. Data Sharing / Performance. To the extent Merchant’s use of the In-Store Channel and/or the Telesales Channel is approved by Affirm, each month during the Term, or as otherwise agreed upon in writing by the Parties, Merchant will provide Affirm a report of the transactional data resulting from the In-Store Activities and/or Telesales Activities, as applicable, during the previous month, which data will include SKU level transaction data for Affirm transactions, category data of Affirm transactions, percent of total transactions that are Successful Transactions (i.e., Affirm’s share of cart data) and other data reasonably requested by Affirm.
24. TCPA and TSR Compliance. To the extent Merchant’s use of the In-Store Channel and/or the Telesales Channel is approved by Affirm, Merchant will comply with the Telephone Consumer Protection Act and Telemarketing Sales Rule, their state-law analogues, and any rules relating to telemarketing. Merchant permits Affirm, upon Affirm’s request, to review any consumer consents and scripts at any time related to its telephonic activities with customers or Customers in connection with the Services.
