Common use of Distributor Services Clause in Contracts

Distributor Services. To the extent and where permitted by applicable law, the following services (the “Distributor Services”) shall be provided by Liberty Tax and Franchisee, as applicable, at each of its Franchisee Locations, during the Franchisee Locations’ normal business hours: (a) Franchisee will offer to each of its customers that electronically files his or her tax return with such Franchisee and his or her refund with respect to such return is greater than one dollar ($1.00) a temporary non-personalized NetSpend Card (a “Temporary Card”) onto which (i) a refund anticipation loan or refund transfer from a third party bank or (ii) a tax refund from a state or federal government shall be added or “loaded.” NetSpend Cards issued directly from a Franchisee Location shall be referred to herein as a “Liberty Tax/NetSpend Card.” (b) Franchisee will also cause its Franchisee Locations to accept requests to add or “load” refund anticipation loans, refund transfers and tax refunds to NetSpend Card accounts, whether such NetSpend Card was purchased at a Franchisee Location or not and whether such NetSpend Card was issued by the Issuing Bank or not (“Card Payments”). (c) Liberty Tax shall record the full amount of the payment of each Card Payment (collectively, “Customer Payments”) and transmit such information by secure electronic means from Liberty Tax’s corporate office Ó2007 NetSpend Corporation CONFIDENTIAL to NetSpend. (d) Customer Payments shall be delivered to the Issuing Bank in accordance with Schedule 1 hereto. With respect to the receipt and delivery of Card Payments and other items to the Issuing Bank, Liberty Tax shall act as the agent of the Customer in the capacity of a “messenger service” as defined in 12 CFR § 7.1012, as amended from time to time. With respect to each transaction involving the Distributor Services at a Franchisee Location, Distributor will accurately, completely, properly and promptly record and transmit to NetSpend by secure electronic means (i) the PAN and other Track 2 data encoded on the magnetic stripe of the NetSpend Card, (ii) the full amount of the Card Payment, (iii) the Franchisee Location identifier and (iv) the unique transaction identifier, together with all other Customer Data obtained from the Customers at the Franchisee Locations or otherwise in connection with the Distributor Services, which shall include each Customer’s name, address, telephone number, social security number and date of birth. For purposes of this Agreement, “Customer Data” means any information or data regarding a Customer that constitutes “Nonpublic Personal Information” of a “Consumer” as the terms “Nonpublic Personal Information” and “Consumer” are defined under Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act of 1999 or any successor federal statute, and the rules and regulations thereunder, as it or they may be amended or supplemented from time to time (“GLBA”); provided, however, that “Customer Data” shall not include information directly associated with the Tax Services provided by Liberty Tax and the Franchisee to Customers in their capacity as purchasers of the Tax Services.