Merchant Terms and Conditions

 

Greenbacks LLC Terms & Conditions Applicable to Merchants

 

1.The Services.

 

1.1 Through its relationship with Greenbacks LLC Loyalty Services, Inc. (“Greenbacks LLC”), Merchant has been selected to participate in GREENBACKS LLC Card Linked Offer Program (“Program”), which includes programs managed by Empyr Partner Programs (“Partner Program”). COMPANY has entered into Agreements with each Partner Program for certain services, on behalf of itself and as the representative of Merchant, to promote Merchant to Partner Program’s customers. In order for Partner Program to perform services in accordance with the Greenbacks LLC  – Partner Program Terms, MasterCard Incorporated, Visa U.S.A. Inc., American Express Company and one or more payment processors engaged by COMPANY  and/or Partner Program (individually and collectively, “Card Network / Processor”) will need to provide COMPANY  and/or Partner Program with certain information further described below. The purpose of these Terms & Conditions is to ensure that Merchant agrees to, and authorizes (i) Card Network / Processor monitoring and communicating this information to COMPANY  and/or Partner Program, and (ii) COMPANY  and Partner Program using the information for purposes of ensuring accurate rewards eligibility, application of rewards and distribution of offer content.

 

1.2 Authorization. Merchant hereby authorizes COMPANY  and Card Network / Processor to monitor and release the following information to Partner Program: Merchant’s Card Network identification number(s) and Merchant’s payment card transaction information, including, but not limited to, cards registered by COMPANY  and/or Partner Program customers (including, without limitation, date, purchase amount, encrypted or tokenized card numbers, and payment card type) (each of the foregoing items individually and collectively, “Merchant Information”).

 

Merchant hereby authorizes Greenbacks LLC  and Partner Program and each of the third parties with whom Greenbacks LLC  or Partner Program may contract in connection with the Program (each, a “Vendor,” which excludes Card Network / Processors), to (i) use or process Merchant Information in order to determine rewards eligibility in the Program (with eligible purchases defined as “Qualified Purchases”), and (ii) communicate Qualified Purchases (date and time, purchase amount, last 4 digits of card, city / state / zip code, and payment card type) to Greenbacks LLC  for purposes of Greenbacks LLC  reporting to and billing Merchant. Each Vendor has confidentiality obligations that prohibit such Vendor from disclosing Merchant Information to third parties. Merchant further authorizes Greenbacks LLC  to instruct the applicable Card Network/Processors to process payments pursuant or related to Qualified Purchases, and to issue chargebacks to Greenbacks LLC  at the request of a customer.

 

1.3 Agreements with Card Networks/Processors. To the extent Merchant has an agreement with a Card Network / Processor, these Terms & Conditions shall not modify or terminate any such Merchant – Card Network / Processor agreement.

 

1.4 Merchant Program Participation Election. Merchant’s Authorization shall remain in full force and effect until Merchant notifies Greenbacks LLC  that Merchant elects in writing to stop the transmission of Merchant’s data to Greenbacks LLC  and Partner Program in connection with the Program. Merchant may notify Greenbacks LLC  by emailing merchantsupport@greenbacksapp.com. Within a commercially reasonable time frame following receipt of such notice, Greenbacks LLC  shall communicate Merchant’s notice to Partner Programs, Card Network/ Processor and COMPANY  shall stop the transmission of information as described above. Please note COMPANY  may monitor Merchants transactions for a reasonable period of time after such notification to ensure the consumers receive applicable rewards and for post campaign performance reporting.

 

1.5 Warranties by Merchant. Merchant represents and warrants to Greenbacks LLC  that Merchant has all rights, licenses and authorizations necessary to provide offers, images, and content to COMPANY  and that Greenbacks LLC’s  exercise of such rights and licenses shall not infringe any Intellectual Property Right of any third party.

 

1.6 Restrictions and Conditions on Merchant Use of Redemption Data. Merchant obtains, or may obtain, sales information from various sources (e.g., Card Network/Processor monthly reports directly to Merchant, Merchant’s internal sales records, etc.). This sales information may include some elements of data that are the same as the Redemption Data (defined below). Merchant’s use of this separately obtained sales information is not subject to the restrictions in this Section.

 

Merchant will only use data relating to the Program or Qualified Purchases (“Redemption Data”) (whether provided via Greenbacks LLC  or directly to Merchant from Partner Program) to confirm the occurrence of a Qualified Purchase. Merchant will not use the Redemption Data for any other purpose. The Redemption Data is confidential information and, except for employees and subcontractors with a need to know, Merchant will not share it with others. Merchant will keep and/or use the Redemption Data only as long as there is a business need to have it, but not longer than 120 days.

 

2. Laws and Privacy Obligations.

 

2.1 Limitation of Liability. Partner Program, Greenbacks LLC , Card Network / Processor and agents or subcontractors of any of the foregoing parties will not have any liability for any indirect, consequential, incidental, special or punitive damages, including any lost profits, even if such party has been advised of the possibility of such damages in connection with the Program. Furthermore, in no event will Partner Program’s, Greenbacks LLC , Card Network / Processor’s or any of the foregoing parties’ subcontractor’s or agent’s total cumulative liability in connection with the program, from all causes of action of any kind, exceed amounts paid by Merchant to Greenbacks LLC  in the twelve (12) month period immediately preceding any claim.

 

In addition, Card Network / Processor will not be liable under any circumstances for (i) the release of or misuse of data provided under this authorization and used in connection with Program transactions by consumers, Greenbacks LLC, Merchant, Partner Program or subcontractors or agents of any of the foregoing parties; (ii) any errors by or arising from the acts or omissions of consumers, Greenbacks LLC , Merchant, Partner Program or subcontractors or agents of any of the foregoing parties in connection with a Program transaction.

 

2.2 Merchant’s Compliance with Laws and Privacy Obligations. Merchant shall comply with all applicable laws, regulations, privacy guidelines and applicable agreements governing the collection and use of all non-public, personal information of any customer data, including without limitation the Gramm-Leach-Bliley Act (collectively, the “Privacy Rules”) to the extent applicable to the activities conducted by Merchant under this Agreement and its agreement with any customer.  Greenbacks LLC  shall comply with all Privacy Rules, to the extent applicable to the activities conducted by Greenbacks LLC  under this Agreement. Both parties agree to implement appropriate measures designed to meet the objectives of the Privacy Rules including to (a) maintain the security and confidentiality of customer data; (b) protect against threats or hazards to the security or integrity of customer data; and (c) protect against unauthorized access to or use of customer data that could result in substantial harm to any customer of any person.  The parties shall notify each other of any unauthorized disclosures of customer data within a reasonable time after discovery.  Merchant will take all reasonable steps to safeguard all login and password information provided by Greenbacks LLC  to Merchant hereunder, so as to ensure that no unauthorized person will have access to the Greenbacks LLC , and that no persons authorized to have access will make any unauthorized use thereof.  Merchant will promptly report to Greenbacks LLC  any unauthorized use of the Greenbacks LLC  Network of which Merchant becomes aware and will take such further steps as may reasonably be requested by Greenbacks LLC  to prevent unauthorized use thereof.  Merchant will comply with all requirements provided by or on behalf of credit card companies in order to ensure Greenbacks LLC ’s compliance with all credit card and payment-related processing Privacy Rules, and not take any action that would cause the other party to be in breach of its agreement with the credit card Merchant, or any card association networks, as applicable, orany successor thereto.  Each party shall promptly notify the other party of any additional requirements that may be required to be implemented during the Term.

 

2.3 Greenbacks LLC  Privacy Policy.  By enrolling as a participating merchant in the Greenbacks LLC  Network, Merchant acknowledges that Merchant is accepting the practices described in Greenbacks LLC ’s Privacy Policy found at Privacy Policy.

 

2.4 Card Network Limitations.  We make the following disclosure to our users “Not all Visa, MasterCard and American Express cards are eligible for registration and not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. Without limitation, Visa, MasterCard and American Express Corporate cards, Visa, MasterCard and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT Visa, MasterCard and American Express cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) Visa, MasterCard and American Express cards) or insurance prepaid cards, Visa, MasterCard and American Express Buxx, and Visa, MasterCard and American Express-branded cards whose transactions are not processed through the Visa, MasterCard and American Express U.S.A. payment system are not eligible to participate. Not all transactions made with your registered Visa, MasterCard and American Express payment card can be monitored by Visa, MasterCard and American Express for purposes of the Greenbacks LLC program. Do not use a Personal Identification Number (PIN) when paying for your purchases with your Card if you want the transaction to be eligible for rewards or offer completion. You acknowledge that Visa, MasterCard and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard and American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard and American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa, MasterCard and American Express U.S.A. Inc. payment system, and that these transactions are not eligible.”

 

B. Visa Restricted Merchant List

 

Visa may update this Schedule or the list of excluded merchant categories applicable for all entities receiving Transaction Data from Visa from time to time upon reasonable notice to Company.

 

  • Alcohol

  • Tobacco

  • Dairy

  • Financial Services

  • Insurance Products

  • Court costs/alimony/support

  • Legal services

  • Fines, bail and bond payments

  • Firearms

  • Funeral services

  • Gambling

  • Betting, including Lottery Tickets, Casino Gaming Chips, Off-Track Betting, and Wagers at Race Tracks

  • Online/Internet Gambling

  • Dating or escort services

  • Massage parlors

  • Healthcare, Pharmaceuticals (excluding general merchandise transactions of a drug store that maintains separate POS Systems for general merchandise and pharmacy)

  • Drugs, Drug Proprietaries, Druggist Sundries

  • Internet pharmacies

  • Internet pharmacy referral sites

  • Payment networks including payment divisions of Google and Amazon (except Visa)

  • Political organizations

  • Religious organizations

  • Direct Marketing-Travel-Related Arrangement Services

  • Direct Marketing-Outbound Telemarketing Merchants, Outbound telemarketers

  • Direct Marketing-Inbound Telemarketing Merchants

  • Direct marketing - subscription merchants

  • Infomercial merchants

  • Buyers clubs/membership clubs

  • Credit counseling or credit repair services

  • Credit protection/identity theft protection

  • Multi-level marketing businesses

  • Rebate-based businesses

  • Up-Selling merchants

  • Merchants that have sale of counterfeit or trademark infringing products or services

  • Merchants that have sale of adult or mature content products and services

  • Other regulated products or merchants as determined by Visa from time to time

 

C. Unsupported Processors  

 

Empyr Channel Partners must pre-qualify their merchants as not being on an unsupported processor. Unsupported processors are listed below:

 

  • Square

  • Shopify

  • Groupon Payments

  • Amazon Payments

  • PayPal

  • ProPay

  • Intuit

  • Toast

  • Stripe

  • Wave

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