Common use of Product Construct Clause in Contracts

Product Construct. Notwithstanding any provisions to the contrary in the Agreement, the Parties have agreed to the following “Product Construct” for the Low AOV Product: (a) Once Affirm has finalized Customer Agreements, Shopify shall [***] and render as a payment option for Customers within Shop Pay [***] to be called a mutually agreed upon Program name. In the event a Customer selects the Program option to pay for goods or services, it shall be directed [***] for the [***]. Shopify is responsible to [***] and to [***]. Failure by Shopify to meet its obligation as to the Customer Agreements will subject it to penalties as agreed by the Parties. In addition, Affirm shall have the right to [***]. (b) Any Customer electronic mail (“email”) and SMS text communications regarding the terms or repayments of the Financial Product shall be sent [***] with mutually agreed upon Shop Pay branding with a link out to the Shop mobile app and from the “[***]” email address (or such other email address mutually agreed to by the Parties) with “Shop Pay” as the sender; provided, however, that correspondence relating to individual Customer inquiries or issues will not be subject to [***]. (c) As to all other communications to Customers, including but not limited to, [***]. (d) With respect to the post-purchase user/Customer portal the Parties agree to [***]. Shopify is responsible [***]. The Parties agree [***] to optimize the Customer’s user experience for the Financial Product as set forth in Section 14.4 of the Agreement.

Product Construct. Notwithstanding For purposes of the First Product only, and regardless of any provisions to the contrary in the Agreement, the Parties have agreed to the following “Product Construct” for the Low AOV Product”: (a) Once Affirm has finalized Customer Agreements, Shopify shall [***] and render as a payment option for Customers within Shop Pay [***] to be called a mutually agreed upon Program name. In the event a Customer selects the Program option to pay for goods or services, it shall be directed [***] for the [***]. Shopify is responsible to [***] and to [***]. Failure by Shopify to meet its obligation as to the Customer Agreements will subject it to penalties as agreed by the Parties. In addition, Affirm shall have the right to [***]. (b) With respect to data collection [***], Affirm may [***]. To the extent additional GLBA NPI is needed by Affirm from the Customer to provide the First Product, Affirm shall [***]. [***]. Shopify is also responsible to provide Affirm monthly reporting [***]. (c) Any Customer electronic mail (“email”) and SMS text communications regarding the terms or repayments of the Financial Product shall be sent [***] with mutually agreed upon Shop Pay branding with a link out to the Shop mobile app and from the “[***]” ] email address (or such other email address mutually agreed to by the Parties) with “Shop Pay” as the sender; provided, however, that correspondence relating to individual Customer inquiries or issues will not be subject . As to [***]. (c) As to all other ] communications to Customers, including but not limited to[***], (i) welcome messages, (ii) general Program information, (iii) general account creation, (iv) general Shop Pay information (check account, update information, etc.), Shopify [***]. (d) With respect to the post-purchase user/Customer portal Engagement Functionality, the Parties agree to [***]. Shopify is responsible [***]. The Parties agree [***] to optimize the Customer’s user experience for the Financial Product as set forth in Section 14.4 14 of the Agreement.