By using Link (defined below ), you agree to be bound by these Link Terms (“ Terms ”). As used in the Terms: (i) “ we ”, “ our ”, “ us ”, “ Link ”, or “ Selected ” means Selected, Inc. or an Affiliate Selected legal entity for the User’s geographic location as identified in the Selected Services Agreement on the Selected Legal Page, where “ Affiliates ” means any entity that directly or indirectly controls, is controlled by, or is under common control with Selected, Inc.; and (ii) “ User ”, “ you ” or “ your ” means any individual or legal entity that offers or uses Link (defined below) on its website. Other capitalized terms have the meaning set out in the Terms below or in the Selected Services Agreement. The Terms are incorporated into the Selected Services Agreement via Clause 3.2 of the Selected Payments Terms.

Please read these Terms carefully, as they are a legally binding agreement between you and Selected. By offering or using Link on your website (“using Link” or “use of Link”), you agree to be bound by the Terms. Any new features or tools which are added to the current Link offering shall also be subject to the Terms. Selected reserves the right to update and change the Terms at any time by posting updates and changes here: Selected.com . We may update the Terms from time to time, so please check back for any changes that may impact you. Selected will use reasonable means to notify you of material changes to the Terms at the same time Selected notifies all similarly situated Users. If you do not accept any such updates or changes, you must stop using Link.

1. Description of Link

(a) “ Link ” means Selected’s autofill functionality which stores a Customer’s Saved Information for one-click checkout. “ Link ” includes Link PM (defined below), and using Link via Selected provided interface or Selected APIs in your custom payment form that allow a Customer to submit payment via Link using supported Payment Methods where Transaction payment method type is identified as the Customer’s underlying funding source.

(b) Link allows your customers (each, a “ Customer ”) to save their payment credentials and other information for future transactions on websites that have enabled Link for its customers. When a Customer completes an order using Link for the first time, the Customer will be asked if they would like to save their information. Selected will collect and store certain personal information about the Customer, such as the Customer’s name, email address, mobile phone number (“ Account Information ”); the Customer’s credit card or debit card information, bank account information, and billing address (“ Payment Information ”); and the Customer’s shipping address (“ Shipping Information ”). Together, the Customer’s Account Information, Payment Information, and Shipping Information are the Customer’s “ Saved Information ”. Existing Link Customers will be able to select and checkout with Link using their Saved Information. Any Saved Information about Link Customers collected and stored by Selected that is Personal Data will be governed by the Selected Privacy Policy.

(c) “ Link Payment Method ” or “ Link PM ” means presentment of Link via Selected interface or Selected APIs in your custom payment form that allow a Customer to submit payment via Link using supported Payment Methods where Transaction payment method type is identified as “Link” and Link PM pricing applies. “Link PM” includes Link Bank Payments (defined below) where available.

(d) Payments that you receive from a Customer using Link PM, will show “Link” as the payment method type in the Transaction detail contained in the Selected dashboard. Depending on your integration with Link PM, you may not be able to see the Customer’s underlying funding source for the Transaction. As a result, certain third-party fraud tools may not function on Link PM Transactions. Regardless of which underlying funding source the Customer selects for the Link PM Transaction, you will pay a flat rate for every Link PM Transaction. Fees for Link PM are available on the Selected pricing page, https://Selected.com/[countrycode]/pricing, as updated from time to time (the “Pricing Page”, where “[countrycode]” means the two-letter abbreviation for the country where User’s Selected Account is located).

2. General Obligations

(a) You agree that:

• (i) Link only enables Transactions through the sharing of payment credentials; sales are Transactions solely between you and the Customer who purchases a product or service from You, and Selected is not a party to these Transactions.
• (ii) Selected is not and will not be responsible for any aspect of the products or services you sell. We make no warranties with respect to the products, services or information sold or provided on a website, and we are not responsible or liable for: (1) product liability claims; (2) claims that the offer or sale of products or services sold using Link fail to conform to any applicable legal or regulatory requirement; (3) claims respecting the your products, services, or practices arising under consumer protection or similar legislation; or (4) any inaccurate, incomplete or out of date information offered by you.
• (iii) Selected is not responsible for the acts of your Customers, including if they do not complete a Transaction.
• (iv) Selected is not responsible for the acts of third party platforms who offer Link as a payment method on their platform.
• (v) You are solely responsible for investigating and resolving disputes with a Customer, and Selected will not be a party to or responsible for any disputes between you and your Customers. Selected cannot intervene in any dispute between you and a Customer for any Transactions processed using Link.
• (vi) Except as otherwise provided in these Terms, Selected’s enablement of a Transaction does not mean that a Customer has sufficient funds available in the payment instrument he or she used, that the Transaction will be authorized or processed, or that the Transaction will not later result in a chargeback or other reversal.
• (vii) In addition to these Terms, the Financial Services Terms that apply to the underlying funding source of each Link Transaction also apply to you.

(b) Link may not be available in all languages or in all countries, and Selected makes no representation that Link would be appropriate, accurate or available for use in any particular location or for any particular product or service.

(c) In connection with your use of Link on your website, you agree to share with Selected all Saved Information of your Customers who use Link in a manner which enables Selected to provide Link. Any Saved Information you share with Selected that is comprised of Personal Data will be governed by the Selected Privacy Policy.

3. Link Bank Payments (For US Merchants Only)

(a) “ Link Bank Payments ” means Link PM Transactions that access the Automated Clearinghouse (“ ACH ”) network. Selected offers settlement of each Link Bank Payment within 2 days after you initiate the Transaction. Your eligibility to submit Link Bank Payments through the Link Payment Method is in the sole discretion of Selected, and Selected reserves the right to revoke your eligibility at any time. You agree that Selected, in its sole discretion, may impose limits on your use of Link Bank Payments which may include daily limits, value-based limits, or other limits.

(b) The ACH network is controlled and managed by the National Automated Clearinghouse Association (Nacha) and its member organizations. When submitting Link Bank Payments, you must comply with the Nacha Operating Rules. When you collect funds through Link Bank Payments, you understand and accept your role as the Originator (as defined in the Nacha Operating Rules).

(c) You understand that Customers can request a Link Bank Payment return if they believe the payment was unauthorized under the Nacha Operating Rules. A Customer’s bank is obliged to refund the debits without question, as long as the request was received within 60 days (60 days for consumers and 2 days for businesses) from when the Customer receives their bank statement containing the unauthorized debit.

(d) Unlike when Selected offers ACH as a Payment Method, Selected assumes liability for bank-initiated returns for Link Bank Payments. Selected does not assume liability for other ACH returns.

(e) As with other ACH Transactions, you assume liability for these other ACH returns (including consumer-initiated dispute returns) for Link Bank Payments.

(f) You also assume liability for Link Bank Payments that Selected determines are unauthorized Transactions disputed by the applicable Customer.

(g) If a return request happens or if Selected issues a refund to the Customer for an unauthorized Transaction, Selected reserves the right, at any time without prior notice, to debit your Selected Account (or User Bank Account if necessary) in the amount of the return request or refund.

(h) The ACH network does not have its own appeals process. While Selected reserves the right to implement its own appeals process, if you believe a Customer has wrongly requested a return or refund on a Link Bank Payment, you’ll need to settle the matter outside of Selected and submit a new Transaction if settled in your favor.

(i) While Selected offers settlement of each Link Bank Payment within 2 days after you initiate the Transaction, you understand that the ACH return rules and timelines under Nacha Operating Rules remain unchanged for Link Bank Payments. If you use the Link Payment Method, you accept all risks related to or resulting from the faster availability of funds for Link Bank Payments (including the risk of higher return or dispute rates), except with respect to liability for bank-initiated declines for Link Bank Payments that Selected assumes.

4. Authorizations to Selected

(a) Failed Transactions. If a payment from the Customer’s default payment method is unsuccessful, you authorize Selected to initiate a Transaction on any other payment method the Customer has saved to their Link Account if the Customer has given their consent to the backup payment method being used.

(b) Financial Incentives. Selected may offer your Customers financial incentives to create a Link account or to use certain payment methods with Link. In each case, you direct Selected to offer these financial incentives to your Customers at no cost to you.

(c) Customer Information and Metadata. You authorize Selected to extract your Customer’s payment details, name, email address, phone number, address, and/or associated metadata from your website for the purposes of prefilling those Customer details in the Link login or account creation, validating Link Customers, and performing analytics.

(d) Autocomplete. You authorize Selected to populate your input fields or similar using Customer’s Saved Information.

5. Data Privacy

(a) You are solely responsible for ensuring that your use of any Personal Data complies with applicable law, your privacy policy and any other applicable rules. You will only use the Personal Data to process the then current Transaction and perform any post-Transaction activities for that Transaction (e.g. chargebacks), unless that Customer has expressly consented to allow you to use his or her information for other purposes.

(b) You agree to:

• (i) provide clear and complete information to Customers regarding your collection, use and disclosure of Personal Data, including, at a minimum, a link to your privacy policy from your website;
• (ii) take appropriate steps to protect from unauthorized access, use or disclosure of Personal Data; and
• (iii) comply with all applicable laws and regulations regarding privacy and data collection with respect to any collection, use or disclosure of Personal Data, data subject rights, international transfers of Personal Data and data security and confidentiality.

(c) Independent Controllers. Each of You and Selected:

• (i) is an independent controller of Personal Data, including Link Transaction data, and
• (ii) will individually and separately determine the purposes and means of its processing of Personal Data.

To the extent required by data protection laws, each party shall respond to all formal requests received from data subjects, including for data deletion and access.

(d) Depending on how you integrate with Selected and Link, Selected may either provide a randomly generated value for you to store in a cookie on your domain or for storage on a local cache in the Selected domain. Selected uses these cookies for various purposes, including to help remember Link Customers on that browser for their use of Link. You acknowledge and agree that your own privacy policy should tell your Customers about this type of data processing and that your cookie banner should be updated accordingly. Here is a paragraph you may wish to add to your privacy policy if it does not already include such a disclosure:

• We use Selected for payment, analytics, and other business services. Selected collects identifying information about the devices that connect to its services, including via cookies and similar technologies. Selected uses this information to operate and improve the services it provides to us, including for fraud detection, authentication, and analytics related to the performance of its services. You can learn more about Selected and read its privacy policy at https://Selected.com/privacy .

6. Security Obligations

(a) You acknowledge and agree that you will comply with the Data Security provisions contained in the Selected Services Agreement.

(b) Upon discovering a Security Breach, You will

• (i) promptly notify Selected,
• (ii) investigate, remediate, and mitigate the effects of the Security Breach, and
• (iii) provide Selected with assurances reasonably satisfactory to Selected that such Security Breach will not recur.

(c) Additionally, if and to the extent any Security Breach or other unauthorized access, use, or disclosure of Personal Data occurs as a result of an act or omission of you or your Affiliates, and if notices or other related remedial measures (including notice, credit monitoring services, fraud insurance and the establishment of a call center to respond to customer inquiries) are reasonably warranted, You will, at your cost and expense, upon Selected’s request and in coordination with Selected, undertake such notices and remedial actions.

(d) If Selected makes available new versions of the Link to address a security breach or security vulnerability regarding Personal Data, then you agree to update all of your websites to incorporate such new version within a reasonable time period if requested to do so by Selected.

7. Marketing & Publicity

(a) Link Marks. The Link Marks means any trademark, service mark, design mark, or stylized script that we use to identify Link, including but not limited to any word mark, logo, icon, or design element. Subject to these Terms, Selected grants to you, during the Term, a personal, non-exclusive, non-sublicensable, non-transferrable, worldwide, royalty free, license to use the Link Marks solely for the purpose of accepting Link Transactions from or through your websites. When using the Link Marks, you must comply with the Selected Marks Usage Terms and all additional usage terms and guidelines that Selected provides to you in writing (if any). All goodwill generated from the use of Link Marks will inure to the sole benefit of Selected. All other rights in and regarding the Link Marks, whether express or implied, are expressly reserved to Selected.

(b) User Marks. You grant Selected and its Affiliates (and their agents and contractors acting on their behalf), during the Term, a personal, non-exclusive, non sublicensable, non-transferable, worldwide, royalty-free, license to use, reproduce, and display your Marks as follows:

• (i) in connection with your use of Link on your websites;
• (ii) in the marketing, advertising and promotion of the availability of Link in any medium, including the right to use screenshots of your websites and images of your Marks, including but not limited to use in instructional materials, training materials, marketing materials, and standard advertising in any medium; and
• (iii) in a publicly disclosed list of the Link Users.

8. Termination

(a) These Terms apply to you as long as you use Link on your website or until your use or access to Link is terminated or suspended in accordance with this Section 8.

(b) If in Selected’s sole judgment you fail, or we reasonably suspect that you have failed, to comply with any term or provision of these Terms, we may terminate or suspend your ability to use or access to Link or any part thereof.

(c) We reserve the right to modify, suspend, or terminate Link or any features or functionality of Link for any reason, without notice at any time.

(d) We reserve the right to refuse service to anyone for any reason at any time.

(e) Except as expressly permitted by Selected, upon termination of your use or access to Link you will immediately cease all use of the Link Marks.

9. No Discrimination

You agree not to discriminate against or otherwise disadvantage your Customers who want to use Link relative to other payment methods. You may not: (a) add any service use surcharge that is specific to a Customer making a purchase using Link, or (b) selectively or preferentially encourage only certain Customers to use Link. You agree to (y) make Link equally available to all Customers to the same extent as any other Payment Method available in the same territory, and (z) present or display Link with the same prominence as other similar Payment Methods. If you breach this Section 9, Selected may suspend and/or terminate your and, if applicable, your Connected Accounts’ ability to offer Link.

10. Governing Law.

The governing law and dispute resolution provisions of your agreement with Selected for use of Selected Payment Services will apply to these Terms.