Common use of Contracting Party Clause in Contracts

Contracting Party. The contracting BlueSnap Party shall be determined based on the location of the Merchant. (i) If Merchant is established in the United States of America (“U.S.”), Merchant enters into the Agreement for BlueSnap Services with BlueSnap, Inc. a California corporation having an address at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇. (ii) If Merchant is established in a member state of the European Economic Area (“EEA”), Merchant enters into the Agreement for BlueSnap Services with BlueSnap Payment Services Limited, a corporation incorporated in England having a registered office address at WeWork, (BlueSnap Payment Services Limited #2111), ▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇, ▇▇. BlueSnap Payment Services Limited is authorized by the UK’s Financial Conduct Authority under the Payments Services Regulations 2017 reference no. 629580, for the provision of payment services. (iii) If a Merchant is established in Canada, Merchant enters into the Agreement for BlueSnap Services with BlueSnap Enterprise Canada ULC having a registered office address at 2200 HSBC Building, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇. NOTE FOR CANADIAN MERCHANTS: YOUR RIGHTS & OBLIGATIONS SPECIFIC TO CANADIAN MERCHANTS ARE SET OUT IN EXHIBIT 6 OF THE INCORPORATED TERMS & CONDITIONS AND CONTROL OVER ANY CONFLICTING TERMS IN THIS AGREEMENT. (iv) If a Merchant is established in Australia, Merchant enters into the Agreement for BlueSnap Services with BlueSnap Australia Pty Limited having a registered office address at Suite 12, ▇▇▇▇▇ ▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇▇. (v) If Merchant is not established in the U.S. nor the EEA, Canada or Australia and processes transactions through an Acquirer outside its respective territory of establishment, Merchant enters into the Agreement for BlueSnap Services with the BlueSnap Party that is in the area of jurisdiction of the Acquirer per and with such BlueSnap Party acting as merchant of record in accordance with the provisions of Section B below and Exhibit 3. If two or more legal entities in the Merchant’s same group of companies applies to use the BlueSnap Services (the “Additional Merchant”) at the same time or at separate times but they have different locations located in different regions established by the credit card associations, then in order to satisfy the Card Association Rules each separate legal entity may require the BlueSnap Services from a different BlueSnap Party as set forth in Section A above. BlueSnap shall have sole discretion whether to accept such Additional Merchant(s), and such acceptance may be made conditional on Additional Merchant(s) fulfilling BlueSnap’s onboarding requirements. Acceptance shall be confirmed by BlueSnap in writing and of the addition of such Additional Merchant(s) to the Merchant Schedule below. Additional Merchant(s) may be subject to a separate Fees and Pricing Schedule. Merchant warrants that is has the full authority to bind all listed Additional Merchant entities to the terms of this Agreement and that by signing or agreeing to this Agreement such Additional Merchant(s) shall be bound to the terms hereof, MERCHANT (full company name) ADDITIONAL MERCHANT ENTITIES (full company name)

Contracting Party. The contracting BlueSnap Party shall be determined based on the location of the Merchant. (i) If Merchant is established in the United States of America (“U.S.”), Merchant enters into the Agreement for BlueSnap Services with BlueSnap, Inc. a California corporation having an address at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇. (ii) If Merchant is established in a member state of the European Economic Area (“EEA”), Merchant enters into the Agreement for BlueSnap Services with BlueSnap Payment Services Limited, a corporation incorporated in England having a registered office address at WeWork, (BlueSnap Payment Services Limited #21113067), ▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇, ▇▇. BlueSnap Payment Services Limited is authorized by the UK’s Financial Conduct Authority under the Payments Services Regulations 2017 2009 reference no. 629580, for the provision of payment services. (iii) If a Merchant is established in Canada, Merchant enters into the Agreement for BlueSnap Services with BlueSnap Enterprise Canada ULC having a registered office address at 2200 HSBC Building, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇. NOTE FOR CANADIAN MERCHANTS: YOUR RIGHTS & OBLIGATIONS SPECIFIC TO CANADIAN MERCHANTS ARE SET OUT IN EXHIBIT 6 OF THE INCORPORATED TERMS & CONDITIONS AND CONTROL OVER ANY CONFLICTING TERMS IN THIS AGREEMENT. (iv) If a Merchant is established in Australia, Merchant enters into the Agreement for BlueSnap Services with BlueSnap Australia Pty Limited having a registered office address at Suite 12, ▇▇▇▇▇ ▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇▇. (v) If Merchant is not established in the U.S. nor the EEA, Canada or Australia and processes transactions through an Acquirer outside its respective territory of establishment, Merchant enters into the Agreement for BlueSnap Services with the BlueSnap Party that is in the area of jurisdiction of the Acquirer per and with such BlueSnap Party acting as merchant of record in accordance with the provisions of Section B below and Exhibit 3. If two or more legal entities in the Merchant’s same group of companies applies to use the BlueSnap Services (the “Additional Merchant”) at the same time or at separate times but they have different locations located in different regions established by the credit card associations, then in order to satisfy the Card Association Rules credit card association’s rules each separate legal entity may require the BlueSnap Services from a different BlueSnap Party as set forth in Section A above. BlueSnap shall have sole discretion whether to accept such Additional Merchant(s), and such acceptance may be made conditional on Additional Merchant(s) fulfilling BlueSnap’s onboarding requirements. Acceptance shall be confirmed by BlueSnap in writing and of the addition of such Additional Merchant(s) to the Merchant Schedule below. Additional Merchant(s) may be subject to a separate Fees and Pricing Schedule. Merchant warrants that is has the full authority to bind all listed Additional Merchant entities to the terms of this Agreement and that by signing or agreeing to this Agreement such Additional Merchant(s) shall be bound to the terms hereof, MERCHANT (full company name) ADDITIONAL MERCHANT ENTITIES (full company name)

Contracting Party. The contracting BlueSnap Party shall be determined based on the location of the Merchant. (i) If Merchant is established in the United States of America (“U.S.”), Merchant enters into the Agreement for BlueSnap Services with BlueSnap, Inc. a California corporation having an address at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇. (ii) If Merchant is established in a member state of the European Economic Area (“EEA”), Merchant enters into the Agreement for BlueSnap Services with BlueSnap Payment Services Limited, a corporation incorporated in England having a registered office address at WeWork, (BlueSnap Payment Services Limited #21113067), ▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇, ▇▇. BlueSnap Payment Services Limited is authorized by the UK’s Financial Conduct Authority under the Payments Services Regulations 2017 2009 reference no. 629580, for the provision of payment services. (iii) If a Merchant is established in Canada, Merchant enters into the Agreement for BlueSnap Services with BlueSnap Enterprise Canada ULC having a registered office address at 2200 HSBC Building, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇. NOTE FOR CANADIAN MERCHANTS: YOUR RIGHTS & OBLIGATIONS SPECIFIC TO CANADIAN MERCHANTS ARE SET OUT IN EXHIBIT 6 OF THE INCORPORATED TERMS & CONDITIONS AND CONTROL OVER ANY CONFLICTING TERMS IN THIS AGREEMENT. (iv) If a Merchant is established in Australia, Merchant enters into the Agreement for BlueSnap Services with BlueSnap Australia Pty Limited having a registered office address at Suite 12, ▇▇▇▇▇ ▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇▇. (v) If Merchant is not established in the U.S. nor the EEA, Canada or Australia and processes transactions through an Acquirer outside its respective territory of establishment, Merchant enters into the Agreement for BlueSnap Services with the BlueSnap Party that is in the area of jurisdiction of the Acquirer per and with such BlueSnap Party acting as merchant of record in accordance with the provisions of Section B below and Exhibit 3. If two or more legal entities in the Merchant’s same group of companies applies to use the BlueSnap Services (the “Additional Merchant”) at the same time or at separate times but they have different locations located in different regions established by the credit card associations, then in order to satisfy the Card Association Rules credit card association’s rules each separate legal entity may require the BlueSnap Services from a different BlueSnap Party as set forth in Section A above. BlueSnap shall have sole discretion whether to accept such Additional Merchant(s), and such acceptance may be made conditional on Additional Merchant(s) fulfilling BlueSnap’s onboarding requirements. Acceptance shall be confirmed by BlueSnap in writing and of the addition of such Additional Merchant(s) to the Merchant Schedule below. Additional Merchant(s) may be subject to a separate Fees and Pricing Schedule. Merchant warrants that is has the full authority to bind all listed Additional Merchant entities to the terms of this Agreement and that by signing or agreeing to this Agreement such Additional Merchant(s) shall be bound to the terms hereof, MERCHANT (full company name) See Merchant Application ADDITIONAL MERCHANT ENTITIES (full company name)