Last Updated: October 28, 2022

Merchant’s access to and use of the Services are subject to the Affirm Policies below that apply to all Affirm Products offered by Affirm through Shop Pay Installments.

Capitalized terms used in the Affirm Policies and Service Terms but not defined below are defined in the Merchant Agreement, Order Form or other documents governing Merchant’s use of the Services.

Affirm may amend the Affirm Policies from time to time in accordance with the Terms.

1.             Prohibited Business Policy.

Merchant will not offer or market the Services in connection with the categories of business and business practices in the Prohibited Business Policy located at: https://docs.affirm.com/affirm-developers/docs/compliance_and_guidelines.

2.             Customer Dispute Resolution Procedures.

Merchant will direct any disputes, inquiries, or complaints by a Customer related to Affirm's Services or business (each, an "Affirm Customer Dispute") directly to Affirm for resolution. Affirm will resolve Affirm Customer Disputes in accordance with its customer dispute resolution procedures located at: https://docs.affirm.com/affirm-developers/docs/dispute-resolutions, provided that to the extent that a Customer Dispute is related to a Successful Transaction resulting from a Customer’s use of a Virtual Card, resolution of such Customer Dispute will comply with the rules of the applicable virtual card network.

3.             Authorized Territory.

(a) The 0% APR Product is available in the following territories:

i.        All states in the United States;

ii.        the District of Columbia; and

iii.       any state, territory or jurisdiction authorized by Affirm during the Term.

(b) The Installments Product is available in the following territories;

i.         All states in the United States;

ii.        the District of Columbia;

iii.       Guam;

iv.       Puerto Rico;

v.       the U.S. Virgin Islands; and

vi.       any state, territory or jurisdiction authorized by Affirm during the Term.

4. In-Store Channel Policies. The following Affirm Policies apply to the In-Store Channel to the extent Merchant’s use of the In-Store Channel is approved by Affirm under the Agreement.

(a) In-Store Overview. 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”). As used in this Section 4(a), “Merchant Personnel” means personnel who perform In-Store Activities. Merchant is only authorized to perform In-Store Activities at Merchant physical retail stores agreed upon by the Parties in writing (“Locations”).

(b) Training. Affirm and Shopify, as applicable, will provide Merchant with appropriate training materials and instructions for the purpose of promoting the Services through In-Store Activities (collectively, “Training Materials”). Training Materials may include instruction on Shop Pay Installments flows, exception flows, preferred customer messaging, disclaimers, and support channels. Merchant Personnel will comply with all Training Materials and instructions provided by Affirm and Shopify as applicable. The Parties will identify and agree upon the means of training Merchant Personnel, which may include in-person or online “train the trainer” training, self-guided online training, and/or in-person group training. Merchant will be solely responsible for ensuring that its Merchant Personnel (A) complete all required training prior to performing In-Store Activities, and (B) comply with the instructions and Training Materials provided by Affirm and Shopify as applicable. Merchant will, upon Affirm’s request, certify to Affirm that all Merchant Personnel have completed Affirm’s required training.

(c) In-Store Marketing. Affirm and Shopify, as applicable, will provide certain pre-approved marketing language and disclosures (“Approved Marketing Materials”) to Merchant, which Merchant will print and deploy at Merchant’s own expense at each Location no later than 30 days after its receipt of such Approved Marketing Materials (or as otherwise agreed to in writing by the Parties). Merchant may not use any materials, other than Approved Marketing Materials, to offer and market the Services. Merchant Personnel will place Affirm messaging at (A) the product level on or near pricing information, and (B) at or near the register, in each case, in a manner that makes it likely that customers will see such Affirm messaging and associate it with the applicable Merchant Products. Affirm may audit Merchant’s placement of Approved Marketing Materials at Locations and compliance with the terms of the Agreement.

(d) Unauthorized Statements. Merchant Personnel 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.

(e) Merchant Personnel. 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, 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 from performing the In-Store Activities as soon as practicable. Affirm may immediately suspend Merchant’s authorization to perform In-Store Activities if Affirm, in its sole discretion, deems one or more Merchant Personnel to be a security risk with respect to the Services or Affirm’s business operations.

(f) TCPA and TSR Compliance. Merchant will comply with the Telephone Consumer Protection Act and Telemarketing Sales Rule, their state-law analogues, and any rules relating to telemarketing. Merchant agrees to permit Affirm, upon Affirm’s request, to review any consumer consents and scripts at any time prior to or after commencing telephonic activities with customers or Customers related to the Services.