Merchant Participation Agreement
Last revised: September 29, 2026
This Merchant Participation Agreement (“Agreement”) is between GiftBetter Inc., a Delaware corporation (“GiftBetter,” “we,” “us,” or “our”), and the business that enrolls in the Program and accepts this Agreement (“Merchant,” “you,” or “your”). It is effective on the earlier of the date you accept it online during enrollment or the last date of signature below (the “Effective Date”).
This Agreement governs your participation as a merchant in the GiftBetter Services. GiftBetter’s Terms of Use (https://GiftBetter.com/terms-of-use) and Privacy Policy (https://GiftBetter.com/privacy-policy) are incorporated herein by reference. Capitalized terms used but not defined here have the meanings given in the Terms of Use. By enrolling, accepting online, or otherwise participating in the Program, you agree to this Agreement on behalf of the business you represent, and you represent that you are authorized to bind it.
The short version
This is a quick summary to help you understand the deal. It’s not a substitute for the full Agreement below, which controls if there’s ever a conflict.
- Free to join. No setup, subscription, or membership fee. You pay a fee only on gift cards actually sold through GiftBetter.
- They’re your own gift cards. GiftBetter sells and activates the same gift cards you already issue — recorded in your own system. We’re not the issuer, and we don’t add a separate card for you to accept.
- You get paid, minus fees. We collect the purchaser’s payment, take out our fee, and send you the rest through your connected payout account after the recipient’s exchange window closes.
- Recipients can swap. A recipient can exchange a gift directed to you for gift cards from one or more participating merchants, of the same total value, within ten days of delivery (or thirty days after activation, for a physical card). Your gift card is not issued until the recipient accepts the gift or that window ends. If the recipient exchanges it, the sale is reversed and no payout or fee applies to that sale.
- You’re responsible for your business. You honor your gift cards at full value, provide your goods and services, and handle your own customer support, refunds, and legal compliance — just as you do today.
- You can leave anytime. Deactivating stops new sales. You’ll still honor cards already sold and receive any money owed to you.
1. The Program and How It Works
The Program. The Services facilitate the issuance and redemption of closed-loop, merchant-branded gift cards, including Recipient-Directed Gifts (the “Program”). Through the Program, purchasers buy gift cards and Recipient-Directed Gifts, and a recipient applies a Recipient-Directed Gift in full to one or more gift cards, each redeemable at a single participating merchant, including you. GiftBetter does not hold any funds for the benefit of any user.
Merchant Gift Cards. A “Merchant Gift Card” is a closed-loop, merchant-branded gift card, code, or stored-value balance that is issued by you (or by your gift card issuer or point-of-sale provider), is redeemable for your goods or services, and is sold, activated, or distributed through the Program. Except for physical cards, Merchant Gift Cards are issued as URL codes associated with a designated monetary value.
It is your own gift card. A Merchant Gift Card sold or activated through the Program is one of your own gift cards — recorded in your gift card system and indistinguishable from a gift card you sold directly. GiftBetter does not create a separate instrument that you must accept.
Recipient-Directed Gifts. Recipient-Directed Gifts are book entries maintained by GiftBetter: they have no cash value and do not constitute stored value or a general-purpose payment instrument. A Recipient-Directed Gift must be applied in full, at one time, to one or more participating merchants chosen by the recipient, in amounts the recipient allocates that together equal the full value of the gift (subject to any minimum amount we or a merchant set), and cannot be applied in part or held as a balance.
GiftBetter is not the issuer. GiftBetter provides technology and transaction-facilitation services. GiftBetter does not itself sell your goods or services and is not the issuer of, or a money transmitter with respect to, your Merchant Gift Cards. Each Merchant Gift Card is a closed-loop obligation of you (or your gift card issuer), and you are responsible for honoring it. GiftBetter facilitates the sale, activation, and delivery of Merchant Gift Cards and the related payments through its Third-Party Providers (including payment processors, banking partners, and point-of-sale platforms).
How you are paid. GiftBetter sells, activates, or distributes your Merchant Gift Cards, deducts our applicable fees, and remits your net proceeds to you on the payout method and schedule described in Section 5 and your Order Form (if any). Where you are paid for a Merchant Gift Card directly by your own payment processor, GiftBetter does not separately remit proceeds and no GiftBetter processing fee applies to that sale.
GiftBetter may add, remove, suspend, or modify Program features, supported platforms, transaction types, and redemption methods at any time.
2. Participation and Your Listing
Free enrollment. There is no setup, subscription, or membership fee to participate in the Program. You pay only the fees described in Section 4 on Merchant Gift Cards actually sold through the Program.
Your listing and brand assets. You authorize GiftBetter to create and display a merchant listing for you and to use your name, logos, trademarks, service marks, trade dress, images, descriptions, hours, locations, denominations, and other content you provide or make available (collectively, “Merchant Content”) to market, list, and promote you and to sell, present, and facilitate redemption of your Merchant Gift Cards through the Program and related communications. You grant GiftBetter a non-exclusive, royalty-free, worldwide license to use Merchant Content for these purposes for the term of this Agreement, which license extends to GiftBetter’s Third-Party Providers as needed to provide the Program.
Accuracy. You are responsible for keeping your Merchant Content, configuration, denominations, and acceptance information accurate and current. Images, descriptions, denominations, and availability shown in the Program are for convenience and may change without notice.
GiftBetter listing controls. GiftBetter may review, edit, reformat, reject, remove, disable, or require changes to any Merchant Content, listing, denomination, offer, promotion, or other materials made available through the Program at any time, with or without notice, where GiftBetter reasonably determines that doing so is necessary or advisable for accuracy, customer experience, legal or regulatory compliance, risk management, safety, security, technical operation, or protection of the Program, its users, or GiftBetter. GiftBetter has no liability to Merchant for taking any such action in good faith.
3. Merchant Obligations
You shall:
- Honor each Merchant Gift Card in the ordinary course, promptly and at full value, on the same terms as any other gift card you issue and as required by applicable law, and not refuse it, reduce its value, or impose any additional surcharge, minimum, expiration, or condition on it because it was issued through the Program;
- Maintain the point-of-sale access, gift card connection, API credentials, connectivity, equipment, and procedures necessary for GiftBetter to sell or activate Merchant Gift Cards and for you to process redemptions, and train your personnel to recognize and process them;
- Keep accurate balances and records for Merchant Gift Cards within your systems and reconcile redemptions in the ordinary course;
- Comply with all applicable laws, regulations, and payment-network and point-of-sale platform rules, including gift card, consumer-protection, privacy, tax, sanctions, and anti-fraud requirements;
- Promptly notify GiftBetter of any suspected fraud, abuse, technical issue, balance discrepancy, dispute, or unauthorized use relating to the Program; and
- Not state or imply that GiftBetter is the seller, merchant of record, issuer, obligor, guarantor, warrantor, or provider of your goods, services, or Merchant Gift Cards, and not make any representation regarding GiftBetter or the Program that is inaccurate, misleading, or unauthorized.
4. Fees
Your fees. You will pay GiftBetter the fees applicable to your account, as presented to you when you enroll and as shown in your GiftBetter merchant account. Your fees may include a service fee and a payment-processing component. To avoid double-charging, GiftBetter may apply a credit or offset for card-processing or load fees you pay directly to your point-of-sale or payment provider, and may reduce or waive the processing component, so that the rate shown in your account reflects your all-in fee.
Featured placement and promotions. GiftBetter may make optional featured or promoted placement and other promotional options available from time to time. You may activate an available option in your account by electing the applicable higher fee, which then becomes part of your fee under this Section. GiftBetter may also offer partner or other negotiated pricing in an Order Form.
Changes. GiftBetter may in the future propose a change to your fees on at least thirty (30) days’ notice shown in your account or otherwise provided to you. A fee change will not take effect for you unless you affirmatively accept it. If you do not accept a proposed change, your existing fees continue and GiftBetter may deactivate your listing for new sales; you will continue to honor Merchant Gift Cards already sold and will receive any proceeds owed to you.
5. Settlement and Payment
Settlement. GiftBetter collects the purchaser’s payment, deducts your applicable fees, and remits your net proceeds to you through our payment and banking partners. You must establish and maintain a connected payout account, and you authorize our payment partner to verify your identity and bank information and to handle related tax reporting (including IRS Form 1099-K where thresholds are met). Net proceeds for each Merchant Gift Card are paid out on the later of (a) the tenth (10th) day after the purchaser’s payment settles and (b) the day after the Exchange Window for the related gift ends (or, if that day is not a business day, the next business day), aggregated on a batched basis as described in your account. GiftBetter will make a periodic fee and payout report available to you.
Limited collection agent (merchant-designated purchases). For each transaction in which you are designated as the merchant (including where a purchaser or recipient allocates part of a gift to you, as to that part) — whether by the purchaser at the time of purchase or by the recipient at the time of redemption and whether pursuant to a Recipient exchange (described below) — you appoint GiftBetter as your limited agent for the sole purpose of collecting and receiving payment on your behalf (including any pursuant to a Recipient exchange as described below). Receipt of the purchaser’s payment by GiftBetter or its payment processor constitutes receipt by you, satisfies and discharges the purchaser’s payment obligation to you for that purchase, and you will look solely to GiftBetter for remittance of the corresponding net proceeds under this Section. GiftBetter holds the net proceeds of each purchase solely as your agent from receipt until remittance to you, including throughout any Exchange Window, subject only to the Exchange Right to which you have agreed. The timing of remittance under this Section does not affect the discharge of the purchaser’s payment obligation. You hold GiftBetter out to the public as accepting payments for your Merchant Gift Cards on your behalf, and you authorize GiftBetter to identify itself to purchasers and recipients as doing so.
Recipient exchange. Each Merchant Gift Card sold for you as a Purchaser-Directed Gift (other than a physical card activated without the Exchange Right) is sold subject to the recipient’s Exchange Right during the Exchange Window, each as defined in the Terms of Use, and you agree to the Exchange Right as a term of each such sale. GiftBetter issues the Merchant Gift Card only when the recipient accepts the gift or the Exchange Window ends, whichever occurs first, and the Exchange Right ends at that time. If the recipient exercises the Exchange Right: (a) the sale is rescinded and no Merchant Gift Card is issued for it; (b) your entitlement to the related proceeds terminates; and (c) you authorize and direct GiftBetter, acting as your agent, to satisfy your refund obligation to the purchaser by applying the purchase price it holds on your behalf, at the purchaser’s direction, to each replacement merchant in the amount the recipient allocates to it, which satisfies your refund obligation to the purchaser in full. The rescission and that application occur simultaneously, so that GiftBetter at no time holds the purchase price for the purchaser or the recipient: immediately before the application it holds the funds as your agent, and immediately after as agent of each replacement merchant. GiftBetter charges you no fee on a rescinded sale. Where you are a replacement merchant, including where the recipient allocates part of the value back to you, you are designated as the merchant for the amount allocated to you at the time of the exchange, a Merchant Gift Card is issued for that amount, and this Section applies to that transaction as if it were a new purchase, and the amount so applied is deemed received by GiftBetter as your agent at the time of the exchange, which constitutes receipt by you and discharges the purchaser’s payment obligation to you for that amount.
Direct payment. Where you are paid for a Merchant Gift Card directly by your own payment processor, that processor pays you on its normal settlement terms and GiftBetter does not separately remit proceeds for that sale.
Holds, offsets, and corrections. You are solely responsible for all chargebacks, refunds, reversals, credits, fines, penalties, losses, and other amounts arising from or relating to your goods, services, Merchant Gift Cards, conduct, content, misrepresentations, nonperformance, or legal noncompliance. You authorize GiftBetter and its payment partners, to the extent permitted by law, to hold, delay, net, offset, reverse, or recoup any such amounts (including related fees and prior payouts) from amounts otherwise payable to you, as reasonably necessary to address chargebacks, payment reversals, refunds, fraud, duplicate or erroneous payments, or other transaction adjustments. If a settlement error is caused solely by GiftBetter’s processing or platform error, GiftBetter will investigate and use commercially reasonable efforts to correct it.
Taxes. You are solely responsible for all sales, use, value-added, excise, gross-receipts, and similar taxes arising from your goods and services and from redemption transactions. GiftBetter may rely on information you supply for tax purposes and may withhold amounts where required by law.
6. Redemption, and Consumer Protection
As the issuer of your Merchant Gift Cards, you are responsible for their validity, balance, and honoring, and for compliance with applicable gift card and consumer-protection laws (including rules governing expiration, dormancy, and fees). To manage risk and comply with applicable law, GiftBetter applies purchase and redemption limits, velocity controls, and settlement holds across the Program, including a limit of $2,000 per day on the amount that may be purchased for, or redeemed by, any one recipient, and a limit of $10,000 per day on the aggregate amount that may be purchased by any one individual purchaser. Purchases by an Organization under a separate rewards agreement are subject to the limits set out in that agreement. These controls operate within GiftBetter’s platform and may delay, hold, or decline a transaction. A merchant gift card is issued and activated only after the related payment has been processed and the funds have settled. We may delay or decline issuance while we complete fraud, sanctions, or compliance review.
Recipient-Directed Gifts are book entries maintained by GiftBetter: they have no cash value and do not constitute stored value or a general-purpose payment instrument. A Recipient-Directed Gift must be applied in full, at one time, to one or more participating merchants chosen by the recipient, in amounts the recipient allocates that together equal the full value of the gift (subject to any minimum amount we or a merchant set), and cannot be applied in part or held as a balance. We do not charge the purchaser’s payment method at the time of purchase of a Recipient-Directed Gift but merely verify the payment method at purchase and charge it when the recipient applies the Recipient-Directed Gift to the merchant or merchants they choose, as described in Section 3 of the Terms of Use. We may verify, authorize, or place a temporary hold on a payment method, and may decline, delay, or hold a redemption to prevent fraud or where a payment method cannot be charged. Recipient-Directed Gifts are administered by GiftBetter, not by you. This allocation does not affect your separate obligations as issuer with respect to outstanding Merchant Gift Cards already sold or activated through the Program.
Product safety and recall actions. If GiftBetter becomes aware of any actual or suspected defect, safety issue, contamination, recall, market withdrawal, regulatory warning, or similar issue affecting any goods or services you offer through the Program, GiftBetter may immediately suspend or remove the affected listing or offer, pause sales, notify affected purchasers or recipients, issue warnings, credits, refunds, or other customer accommodations, and take any other action GiftBetter reasonably determines is necessary to protect users or comply with law. You will cooperate fully, including by promptly providing information and carrying out corrective actions.
7. Prohibited Uses
You will not knowingly permit, and will not configure the Program to allow, Merchant Gift Cards to be used for cash or quasi-cash (including cash advances, money orders, or resale or liquidation for cash in a manner that violates law or this Agreement), gambling, or any goods, services, or activity prohibited by applicable law or by GiftBetter’s then-current Program policies. GiftBetter may update its prohibited-use and Program policies from time to time on notice.
8. Representations and Warranties
You represent and warrant that:
- Corporate Authority & Licensing: you are duly organized, validly existing, and authorized to enter into and perform this Agreement, and you have all rights, licenses, permits, and consents required to sell your goods and services, to issue your Merchant Gift Cards, and to participate in the Program;
- Valid Gift Card Obligations: each Merchant Gift Card sold, activated, or distributed through the Program is a valid, enforceable, closed-loop obligation of you (or your gift card issuer) that you will honor in accordance with its terms and applicable law;
- Intellectual Property & Content: you own or have all rights, licenses, and consents necessary to provide Merchant Content and other materials to GiftBetter and to grant the license in Section 2, and neither such materials nor GiftBetter’s permitted use of them is unlawful, deceptive, or objectionable, or infringes, misappropriates, or otherwise violates any intellectual property, privacy, publicity, or other right of any third party;
- Legal & Industry Compliance: your participation, goods, services, offers, promotions, advertising, fulfillment, and all related content and business practices comply with all applicable laws, rules, regulations, and industry standards, including those relating to consumer protection, advertising, pricing, privacy and data security, intellectual property, and product safety, and all descriptions, pricing, availability, and other content you provide are true, accurate, current, and complete;
- Product Safety & Customer Obligations: all goods you offer are safe for their intended use and comply with applicable product-safety, warning, and labeling requirements, and all services you offer will be performed in a professional and workmanlike manner; you are solely responsible for providing and honoring your goods and services and for all related customer-facing obligations (including fulfillment, delivery, redemption, customer support, returns, refunds, and adjustments); and you will promptly notify GiftBetter of any actual or suspected defect, safety issue, recall, market withdrawal, or governmental inquiry affecting them;
- Sanctions & Export Control Compliance: you are not, and are not acting on behalf of any person who is, identified on any U.S. sanctions or export-control list, or located, organized, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions or embargoes; and
- Program Eligibility & Compliance Standards: you are not engaged in any business activity or entity category designated as prohibited under GiftBetter’s eligibility standards, and you comply and will continue to comply with all operational guidelines and eligibility requirements established by GiftBetter from time to time to meet applicable banking, card network, payment processor, and regulatory compliance standards, the current schedule of prohibited entities and activities being attached as Exhibit A (“Program Eligibility Standards”).
9. Compliance, Identity Verification, and Records
To protect users and comply with applicable law, GiftBetter and its Third-Party Providers may verify your identity and business information, screen transactions, monitor for suspicious or fraudulent activity, and require certifications, beneficial-ownership information, tax forms (such as a Form W-9), or other compliance documentation at any time. You will cooperate promptly with these requirements and with any related investigation, and GiftBetter may suspend or remove you, hold or reverse transactions, or report activity where it deems appropriate to manage risk or comply with law.
On reasonable prior notice, GiftBetter may request, and you will promptly provide, records and information reasonably related to your compliance with this Agreement and applicable law and to the accuracy of transactions and information you provide to GiftBetter (for example, gift card balance and redemption records, and compliance certifications). You will cooperate reasonably with any such request and promptly take corrective action GiftBetter reasonably requests to address identified noncompliance. Nothing in this Section limits GiftBetter’s right to suspend or terminate your participation or to exercise any other remedy available under this Agreement or applicable law.
10. Confidentiality
You will keep confidential all non-public information relating to GiftBetter the Program, pricing, technology, operating rules, data, and business plans (“GiftBetter Confidential Information”), will use it only as necessary to perform under this Agreement, and will not disclose it to any third party, except as required by law after prompt notice to GiftBetter where legally permitted. GiftBetter Confidential Information does not include information that is or becomes publicly available through no breach of this Agreement, or that you can show by contemporaneous written records was known to you without any obligation of confidence before disclosure.
11. Data Protection and Privacy
You will collect only such personal information as is necessary and will comply with the Privacy Policy and with all applicable data security and privacy laws. You will use any data received or collected through the Program (“Program Data”) solely as necessary to fulfill and honor Merchant Gift Cards, provide related customer support, comply with applicable law, and otherwise as expressly permitted by this Agreement, the Privacy Policy, or GiftBetter in writing. You will not sell, share, retain, use, or disclose Program Data, or permit any third party to do so, for independent marketing, cross-marketing, customer solicitation outside the Program, competitive analysis, or any purpose not expressly authorized by this Agreement. You will take reasonable and appropriate technical and organizational measures to protect Program Data from unauthorized access, use, disclosure, alteration, or destruction, will not store full payment-card numbers except as expressly authorized and in compliance with applicable payment-card security standards, and will promptly notify GiftBetter of any actual or suspected security incident affecting Program Data and cooperate in its investigation and remediation. GiftBetter may collect, use, analyze, and disclose data relating to the Program, transactions, merchant performance, and user activity in accordance with its Privacy Policy and Section 12.
12. Intellectual Property
GiftBetter owns all right, title, and interest in and to the Program and the Services, including all content, data, and information (other than Merchant Content) and all compilations, analyses, works, software, databases, functionality, and technology underlying, used in, or generated through the Program and the Services. GiftBetter may create, compile, generate, and use aggregated, coded, anonymized, or de-identified data that cannot reasonably be linked to you or any individual, together with the results of its analytical processing and any compilations or derivative works created from it (collectively, “NPID Assets”). GiftBetter exclusively owns all NPID Assets and may use and share them for any lawful business purpose, including producing aggregated or cohort-level insights and reporting, in each case in a form that does not identify you individually. GiftBetter grants you a limited, revocable, non-exclusive, non-transferable license to use GiftBetter’s name and marks solely to promote your participation in the Program, subject to GiftBetter’s brand guidelines and prior approval. Except for that limited license, nothing in this Agreement gives you any ownership or other right in GiftBetter’s intellectual property, and you waive any work-for-hire or similar claim. Each party retains all rights not expressly granted.
13. Disclaimers
The Program and the Services are provided “as is” and “as available” without warranty of any kind. To the maximum extent permitted by law, GiftBetter disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. GiftBetter does not warrant that the Program will be uninterrupted, secure, or error-free, and is not responsible for any failure or delay resulting from causes beyond its reasonable control, including processor outages, point-of-sale platform failures, or other Third-Party Provider acts or omissions.
14. Limitation of Liability
To the maximum extent permitted by law, GiftBetter and its affiliates, officers, directors, employees, agents, suppliers, and partners (the “GiftBetter Parties”) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenue, data, or goodwill, arising out of or relating to the Program, the Services, or this Agreement, even if advised of the possibility of such damages.
To the maximum extent permitted by law, the total aggregate liability of the GiftBetter Parties for all claims arising out of or relating to the Program, the Services, or this Agreement will not exceed the total GiftBetter fees under Section 4 which have been collected and retained by GiftBetter pursuant to Section 5 in the three (3) months before the event giving rise to the claim.
The foregoing cap does not limit GiftBetter’s obligation to remit net settlement proceeds actually owed to you for Merchant Gift Cards sold through the Program, net of fees and of any holds, offsets, or recoupments permitted under this Agreement. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
15. Indemnification
You will indemnify, defend, and hold harmless the GiftBetter Parties from any claims, liabilities, losses, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of any representation, warranty, covenant, or obligation under this Agreement; (b) your goods, services, advertising, representations, fulfillment, or Merchant Gift Cards (including your failure to honor them), including any chargeback, refund, reversal, credit, recall, customer remediation, or other loss or liability arising from or relating to the foregoing; (c) your violation of any law (including any applicable privacy, data security, or consumer-protection laws) or the rights of any third party; (d) Merchant Content; or (e) any dispute asserted by a customer, recipient, or cardholder relating to your conduct, goods, services, or Merchant Gift Cards.
16. Deactivation, Suspension, and Termination
Deactivation. You may deactivate your participation at any time through your GiftBetter account, which stops new sales of your Merchant Gift Cards. Deactivation does not terminate this Agreement: you will continue to honor Merchant Gift Cards already sold or activated through the Program, and GiftBetter will pay you any proceeds owed, in each case in accordance with this Agreement.
Suspension and termination. Either party may terminate this Agreement for convenience on thirty (30) days’ written notice, and either party may terminate for material breach not cured within ten (10) days after written notice. GiftBetter may suspend, limit, deactivate, or remove Merchant or any listing, offer, denomination, or transaction immediately, with or without notice, if GiftBetter reasonably believes that Merchant has violated any provision of this Agreement (or that any representation made by Merchant hereunder is no longer true and correct), failed to honor Merchant Gift Cards, generated repeated customer complaints or disputes, provided inaccurate or misleading content or information, or presents a fraud, compliance, legal, security, safety, operational, financial, or reputational risk to the Program, its users, any Third-Party Provider, or GiftBetter. Repeated or systemic failures by Merchant to comply with this Agreement, honor Merchant Gift Cards, fulfill customer obligations, maintain accurate listings, or satisfy applicable legal requirements will constitute a material breach not subject to any cure period.
Effect. On suspension or termination, GiftBetter will stop new sales of your Merchant Gift Cards, and you will stop representing that you participate in the Program. You will continue to honor all Merchant Gift Cards already sold or activated through the Program in accordance with their terms and applicable law, and GiftBetter will pay you any settlement proceeds actually owed for Merchant Gift Cards sold before termination, subject to permitted holds and offsets and to any exercise of the Exchange Right during an Exchange Window that remains open at termination. Provisions that by their nature should survive — including fees owed, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.
17. Term and Changes to this Agreement
This Agreement begins on the Effective Date and continues until terminated. GiftBetter may modify this Agreement and its Program policies from time to time. When GiftBetter makes changes, it will post the updated Agreement and update the “Last revised” date, and, where appropriate, provide additional notice. Except for fee changes, which are governed by Section 4, your continued participation after the changes take effect constitutes your acceptance of the revised Agreement.
18. Governing Law and Venue
This Agreement is governed by the internal laws of the State of Missouri, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in the City of St. Louis or St. Louis County, Missouri, over any dispute arising out of or relating to this Agreement, and waive any objection to venue or personal jurisdiction in those courts. A printed version of this Agreement and of any notice given electronically will be admissible in judicial or administrative proceedings to the same extent as other business records maintained in printed form.
19. General
Entire agreement; order of precedence. This Agreement, together with any applicable Order Form and the incorporated Terms of Use and Privacy Policy, is the entire agreement regarding your participation in the Program and supersedes prior discussions. If there is a conflict, the Order Form controls for the specific terms it addresses, then this Agreement, then the Terms of Use then the Privacy Policy.
Assignment. You may not assign or transfer this Agreement without GiftBetter’s prior written consent. GiftBetter may assign or transfer it without restriction. The parties are independent contractors, and this Agreement creates no agency, partnership, joint venture, or employment relationship.
Severability; no waiver; notices. If any provision is unenforceable, it will be limited or removed to the minimum extent necessary and the remainder will stay in effect. A failure to enforce any provision is not a waiver. Notices will be in writing and deemed given when delivered personally, when confirmed if sent by email, the next business day if sent by recognized overnight courier, or on receipt if sent by certified or registered mail.
20. Acceptance
You may accept this Agreement by enrolling or clicking to accept online during sign-up, or by signing below. Online acceptance has the same effect as a signature.
GiftBetter Inc.
By: ______________________________________
Name: ______________________________________
Title: ______________________________________
Date: ______________________________________
Merchant
Legal Name: ______________________________________
By: ______________________________________
Name: ______________________________________
Title: ______________________________________
Date: ______________________________________
EXHIBIT A: PROGRAM ELIGIBILITY STANDARDS
Prohibited Merchant Entities & Category Exclusion List
Merchants engaging in, promoting, or deriving revenue from any of the following Merchant Category Codes (MCCs) or business activities are strictly prohibited from participating in the GiftBetter Program:
|
MCC |
Category (card network description) |
GiftBetter Policy |
|
4829 |
Money Transfer / Wire Transfer |
Prohibited |
|
5094 |
Precious Stones and Metals, Watches and Jewelry (wholesale) |
Prohibited |
|
5122 |
Drugs, Drug Proprietaries and Druggist Sundries (wholesale) |
Prohibited |
|
5309 |
Duty Free Stores |
Prohibited |
|
5511 |
Car and Truck Dealers (New and Used) |
Prohibited |
|
5521 |
Car and Truck Dealers (Used Only) |
Prohibited |
|
5551 |
Boat Dealers |
Prohibited |
|
5571 |
Motorcycle Shops and Dealers |
Prohibited |
|
5592 |
Motor Home Dealers |
Prohibited |
|
5599 |
Miscellaneous Automotive, Aircraft and Farm Equipment Dealers |
Prohibited |
|
5723 |
Firearms and Ammunition Retailers |
Prohibited |
|
5912 |
Drug Stores and Pharmacies |
Prohibited |
|
5933 |
Pawn Shops |
Prohibited |
|
5935 |
Wrecking and Salvage Yards |
Prohibited |
|
5937 |
Antique Reproductions |
Prohibited |
|
5962 |
Direct Marketing — Travel-Related Arrangement Services |
Prohibited |
|
5963 |
Door-to-Door Sales |
Prohibited |
|
5964 |
Direct Marketing — Catalog Merchant |
Prohibited |
|
5965 |
Direct Marketing — Combination Catalog and Retail |
Prohibited |
|
5966 |
Direct Marketing — Outbound Telemarketing |
Prohibited |
|
5967 |
Direct Marketing — Inbound Teleservices |
Prohibited |
|
5968 |
Direct Marketing — Continuity / Subscription |
Prohibited |
|
5969 |
Direct Marketing — Other |
Prohibited |
|
5972 |
Stamp and Coin Stores |
Prohibited |
|
5975 |
Hearing Aids — Sales, Service, Supply |
Prohibited |
|
5976 |
Orthopedic Goods and Prosthetic Devices |
Prohibited |
|
5993 |
Cigar Stores and Stands |
Prohibited |
|
6010 |
Financial Institutions — Manual Cash Disbursements |
Prohibited |
|
6011 |
Financial Institutions — Automated Cash Disbursements (ATM) |
Prohibited |
|
6012 |
Financial Institutions — Merchandise and Services |
Prohibited |
|
6050 |
Quasi Cash — Financial Institution |
Prohibited |
|
6051 |
Non-Financial Institutions — Foreign Currency, Money Orders, Crypto |
Prohibited |
|
6211 |
Security Brokers and Dealers |
Prohibited |
|
6300 |
Insurance Sales, Underwriting and Premiums |
Prohibited |
|
6513 |
Real Estate Agents and Managers — Rentals |
Prohibited |
|
6529 |
Remote Stored Value Load — Financial Institution |
Prohibited |
|
6530 |
Remote Stored Value Load — Merchant |
Prohibited |
|
6532 |
Payment Service Provider — Money Transfer for a Purchase |
Prohibited |
|
6533 |
Payment Service Provider — Merchant |
Prohibited |
|
6534 |
Money Transfer — Merchant |
Prohibited |
|
6536 |
MoneySend Intracountry |
Prohibited |
|
6537 |
MoneySend Intercountry |
Prohibited |
|
6538 |
MoneySend Funding |
Prohibited |
|
6540 |
Non-Financial Institutions — Stored Value Card Purchase / Load |
Prohibited |
|
7012 |
Timeshares |
Prohibited |
|
7261 |
Funeral Services and Crematories |
Prohibited |
|
7273 |
Dating and Escort Services |
Prohibited |
|
7276 |
Tax Preparation Services |
Prohibited |
|
7277 |
Counseling Services — Debt, Marriage, Personal |
Prohibited |
|
7278 |
Buying / Shopping Services and Clubs |
Prohibited |
|
7321 |
Consumer Credit Reporting Agencies |
Prohibited |
|
7361 |
Employment Agencies and Temporary Help Services |
Prohibited |
|
7393 |
Detective Agencies, Protective Services, Security |
Prohibited |
|
7800 |
Government-Owned Lotteries (US region) |
Prohibited |
|
7801 |
Government-Licensed Online Casinos and Gambling |
Prohibited |
|
7802 |
Government-Licensed Horse and Dog Racing |
Prohibited |
|
7995 |
Betting, Casino Chips, Lottery Tickets, Off-Track Betting |
Prohibited |
|
8011 |
Doctors and Physicians (not elsewhere classified) |
Prohibited |
|
8021 |
Dentists and Orthodontists |
Prohibited |
|
8031 |
Osteopaths |
Prohibited |
|
8041 |
Chiropractors |
Prohibited |
|
8042 |
Optometrists and Ophthalmologists |
Prohibited |
|
8043 |
Opticians, Eyeglasses |
Prohibited |
|
8049 |
Podiatrists and Chiropodists |
Prohibited |
|
8050 |
Nursing and Personal Care Facilities |
Prohibited |
|
8062 |
Hospitals |
Prohibited |
|
8071 |
Medical and Dental Laboratories |
Prohibited |
|
8099 |
Medical Services and Health Practitioners (not elsewhere classified) |
Prohibited |
|
8111 |
Legal Services and Attorneys |
Prohibited |
|
8211 |
Elementary and Secondary Schools |
Prohibited |
|
8220 |
Colleges, Universities, Professional Schools |
Prohibited |
|
8351 |
Child Care Services |
Prohibited |
|
8641 |
Civic, Social and Fraternal Associations |
Prohibited |
|
8651 |
Political Organizations |
Prohibited |
|
8661 |
Religious Organizations |
Prohibited |
|
8931 |
Accounting, Auditing and Bookkeeping Services |
Prohibited |
|
9211 |
Court Costs, including Alimony and Child Support |
Prohibited |
|
9222 |
Fines |
Prohibited |
|
9223 |
Bail and Bond Payments |
Prohibited |
|
9311 |
Tax Payments |
Prohibited |
|
9399 |
Government Services (not elsewhere classified) |
Prohibited |
|
9754 |
Gambling — Horse/Dog Racing, Non-Sports Intrastate Internet Gambling |
Prohibited |