United States Affirm Territory Terms
Select your location
Last Updated: August 1, 2025
1. Upfront Payment. For money transmission license and associated regulatory purposes, and 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.
2. Split Capture. If Merchant requests to receive separate Payouts for portions of a single Successful Transaction when fulfilling a multi-item order, Merchant authorizes Affirm, its affiliates, and bank partners, to verify, receive, and transmit payment instructions on behalf of Merchant as necessary to effectuate such Payouts. Merchant will execute any ACH authorization forms or provide other authorizations reasonably requested by Affirm to enable ACH debits and credits to Merchant.
3. Arbitration. For Disputes requiring injunctive relief, either Party may seek such injunctive relief from courts in the Northern District of California or San Francisco. All other Disputes will be determined by binding arbitration by JAMS in San Francisco, California, with claims greater than $250,000 using JAMS Comprehensive Rules, and claims of $250,000 or less using JAMS Streamlined Rules. In all arbitrations, each Party will bear the expense of its own legal costs and fees. Arbitration proceedings and information related to them will be the Confidential Information of each Party, unless the Parties otherwise agree or as limited by by Applicable Law.
4. Governing Law. This Agreement is governed by California law, regardless of conflict of law principles. Since transactions may involve interstate commerce, the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs arbitration matters. Any dispute related to this Agreement will be conducted only on an individual basis, not as a class action, and if a dispute hereunder proceeds in court rather than arbitration, both Parties waive their right to a jury trial.
