JEDORA PARTNER CENTRAL
JEWEL PAY INSTALLMENTS TERMS OF SERVICE
The Jewel Pay Installments™ service (the “Service”) allows the Jedora seller identified on the signature page hereof (“You”) to offer installment payment plans on eligible items You sell on Jedora in accordance with the following Terms of Service (these “Terms”). By registering for or using the Service, You agree to be bound by these Terms in addition to the Sell on Jedora Terms of Service. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Sell on Jedora Terms of Service.
These Terms are entered into by and between You and BJMS, Inc. d/b/a Jedora (“Jedora”). Jedora is affiliated with a variety of other companies (“Affiliated Companies”) such as Multimedia Commerce Group, Inc. (“MCGI”), the parent company of Jedora. For purposes of these Terms, Affiliated Companies
shall include any entity or joint venture that is wholly or partially owned or controlled by Jedora or MCGI,
that wholly or partially owns or controls Jedora or MCGI, or that is related to Jedora or MCGI through
common ownership. Any reference to Jedora in these terms and conditions includes any Affiliated
Companies that provide the Service or operate the websites on which any of Your merchandise is sold (the “Websites”).
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING BELOW, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS CONTAINED HEREIN, THE SELL ON JEDORA TERMS OF SERVICE, AND THE JEDORA PARTNER CENTRAL TERMS OF USE, WHICH ARE INCORPORATD HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THESE TERMS, YOU MAY NOT USE THE SERVICE.
1. The Service; Restrictions on Use. The Service is designed to provide You with an easy way to effectuate a credit sale between You and purchasers of Your items on Jedora. Jewel Pay Installments™ allows customers to purchase Your items by paying a deposit and making installment payments over a specified amount of time. Jedora will designate the eligible items and the number of installment payments that will be permitted for each item. For each eligible item, You will have the opportunity to provide Jewel Pay Installments™ as a payment option for Your customers. When customers use Jewel Pay Installments™ to purchase an item from You, Jedora will provide the services required to administer the credit sale, including providing the customer-facing terms of service, processing the installment sale, collecting the deposit and all installment payments when made, and seeking to collect delinquent accounts. Jedora will not charge interest, late fees, or any other penalties to customers on Your behalf in connection with their use of Jewel Pay Installments. You authorize Jedora to serve as Your agent in the collection of the deposit and all installment payments and agree not to undertake any additional collection activities, either directly or through any other agent. Jedora may contract with affiliated or unaffiliated entities to assist in the collection of delinquent accounts, provided Jedora will remain responsible for ensuring such entities
comply with applicable consumer protection laws in the collection of such debts. You acknowledge and
agree that You will not attempt to use the Service in any manner or for any purpose other than as stated
herein.
2. Enrollment. To be authorized to use the Service, You must complete this registration process. If You do not accept these Terms, You will not be permitted to use the Service. Upon enrollment in the Service, You will be given the opportunity to offer Jewel Pay Installments™ as a payment option on eligible items.
3. Administration Fee. By activating the Service, You acknowledge and agree that Jedora will charge Your account a non-refundable Jewel Pay™ Administration Fee, as set forth in the Fee Schedule, for each item Your customers purchase using Jewel Pay Installments™ at checkout.
4. Credit Risk. Jedora does not assume the credit risk associated with the Service. You will bear the risk of nonpayment by your customers. To manage Your credit risk, You may choose one of the options below. The sums referenced below will be payable to You in accordance with the Sell on Jedora Terms of Service. Please initial by Your selected option.
_____ Option 1. Receive monthly installments as they are paid by Your customers. Under this option, each installment payment will be added to Your Jedora account promptly after the customer makes that payment. If installment payments become delinquent, Jedora will attempt to collect them pursuant to its collection policies. If installments are not paid by Your customers, You will not receive those payments. In the event Jedora accepts a return of an item purchased under this option, only the portion of the product sales price actually paid by the customer at the time of the return will be deducted from Your Jedora account.
_____ Option 2. Utilize an estimate of aggregate credit losses. Under this option, upon completion of the sale using Jewel Pay Installments™, Jedora will credit an amount to Your account comprised of the full sales price of the item less an estimated credit loss, which will be a percentage of the purchase price. Such loss estimates will be based on aggregate, experiential data from across the Jedora platform (or from Affiliated Companies, as applicable). Because these estimated losses would be based on experiential data, Jedora believes that, in most cases, Your estimated credit losses under Option 2 will be similar to the actual credit losses You would sustain under Option 1. At present, the loss estimate percentage is 3%; however, this estimate will vary over time. For ease of accounting, when a customer purchases an item from You using Jewel Pay Installments™, one Jewel Pay charge of 4% of the purchase price will be posted on Your transaction record. This charge encompasses both the Jewel Pay Administration Fee and the loss estimate percentage. For example, using the current loss estimate percentage, assume You sell a $500 gold ring to a customer who elects to use Jewel Pay Installments™. Your Jedora account would reflect one credit in the full purchase price of $500, and one charge in the amount of $20 ($500 * .04 = $20). Upon
the return of an item purchased under this option, the loss estimate percentage will be credited to You; however, the Administration Fee described in Section 3 above will not be refunded. In the event Jedora accepts a customer return of an item purchased under this option, the full purchase price, less the loss estimate percentage, would be deducted from Your Jedora account ($500 -$500*.03= $485). Jedora will not add any additional fees to or otherwise mark up Your estimated credit losses.
5. Order Fulfillment. You agree to comply with the fulfillment and shipping policies set forth by Jedora in the fulfillment of all orders of Your products enrolled in the Service, and You will not provide a diminished level of service to customers who use Jewel Pay Installments™.
6. Fraudulent Transactions. Jedora will undertake reasonable procedures to detect and prevent fraudulent customer transactions and minimize the risk of loss associated with such fraudulent transactions; however, Jedora cannot guarantee that all fraudulent transactions will be stopped. In addition to all other remedies available at law and in equity, Jedora reserves the right to suspend or terminate Your access to
the Service in the event there is any evidence of fraud or collusion with fraudulent actors in Your use of the Service.
7. Confidentiality; Data Privacy and Security. All data related to customers’ use of Jewel Pay Installments™ in the purchase of Your products is Customer Personal Data and remains subject to all restrictions on use and disclosure of Confidential Information stated in the Sell on Jedora Terms of Service. In the event You obtain access to any Customer Personal Data (including, without limitation, financial or payment data) through Your use of the Service, You agree to maintain the confidentiality of such information and protect and secure such information in accordance with the Jedora Privacy Policy. Your use of the Service does not entitle You to use of any Customer Personal Data.
8. Intellectual Property. As between the parties, Jedora retains exclusive ownership of all right, title, and interest in and to all intellectual property related to or used in connection with the Service, including but not limited to the Jewel Pay Installments™ trademark.
9. Indemnification. Jedora will defend, indemnify, and hold harmless You and Your officers, directors, employees, and agents against any third-party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) arising from or related to Jedora’s non-compliance with applicable laws in the performance of the Service.
10. Limitation of Liability. EXCEPT FOR JEDORA’S OBLIGATIONS UNDER SECTION 9 OF THESE TERMS, JEDORA WILL NOT BE LIABLE OR OBLIGATED TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, WHETHER IN CONTRACT OR TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY). THIS LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
By signing, you acknowledge and agree that you are executing these Terms as a duly authorized
representative of the Jedora seller identified below.
Signature: ______________________________
Printed Name: __________________________
Title: ________________________________
Seller Legal Name*: ________________________________________________
Seller Operating Name*: ________________________________________________
Seller Address*: ________________________________________________
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*Information provided must match your seller account record in Jedora Partner Central