Internet Purchases/Promotional Disclosures. During the Term, Professional and Bank may mutually agree to accept purchases transacted through Professional’s website (“Internet Purchases”). If Professional and Bank agree to allow Internet Purchases, Professional will ensure that its processes for obtaining any Accountholder signatures comply with Applicable Law, including the Electronic Signatures in Global National Commerce Act (ESIGN). Without limiting the foregoing, Professional will cause all authorizations processed through the internet and all Internet Purchases to be separately tagged with a unique store of sale number. Professional will also develop, maintain, and operate its website so that all Internet Purchases processed through the website will be transmitted and accepted on a secure basis which ensures, among other things, that such information cannot be altered, viewed or captured by an unauthorized party. In the case of any purchase by an Accountholder made through the internet using a credit-based promotion, Professional will be responsible for (i) providing the credit promotion disclosures (the “Promotional Disclosures”) applicable to any purchase (whether the purchase is to be made at the time of an application for credit or otherwise), (ii) establishing whether the Accountholder is willing to consent to the receipt of the Promotional Disclosures electronically (“E- Consent”), and, if so, obtaining a recordable record of the consent, and (iii) obtaining such Accountholder’s consent to the terms set forth in the Promotional Disclosures (“Promotional Terms Consent”). The form, content, and placement of Promotional Disclosures and E-Consent language will be subject to the reasonable approval of Bank. If Professional offers another consumer financing product in one or more digital channels, the Program should be offered with at least equal prominence to the competing consumer financing product.
