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| By enabling the webloyalty program, you will be consenting to having the webloyalty program offered to your customers on the following terms and conditions: |
| Merchant agrees to the marketing of webloyalty.com's services to its customers by means of the placement of a banner advertisement on its purchase confirmation pages hosted by Americart and by means of the email confirmations sent by webloyalty.com to customers who have joined one of webloyalty.com's services, including, without limitation, the use of Merchant's on-line store's name and/or logo in the banner advertisement, the services' offer pages, the confirmation email and in customer service and renewal correspondence with Merchant's customers who join any of the services. Merchant acknowledges that the copy and/or placement of the banner advertisement, and the terms and conditions of the services offered (including the benefits offered and the monthly fees charged), are subject to modification without notice to, or consent from, Merchant. Merchant represents, warrants and agrees that its privacy policy (if it has one) does, and shall at all times during the marketing of the services of webloyalty.com as contemplated, permit Americart to share its customers' personal information (including, without limitation, name, address and/or credit/debit card information) with webloyalty.com, provided that the customers have consented to the sharing of such personal information, consents to the use of such personal information by webloyalty.com to enroll its customers in the services, renew any of its customers' membership in the services, provide customer service support for any of its customers who have joined the services, or for any other permissible purpose, and agrees to indemnify, defend and hold harmless webloyalty.com from and against any and all liabilities, claims and expenses (including, without limitation, reasonable attorneys' fees, arising out of any breach by Merchant of the representations, warranties and obligations of Merchant contained in this sentence. Merchant acknowledges that webloyalty.com shall have the right to directly bill and/or accept payment from any of Merchant's customers that join the services, whether or not such customers maintain their relationships with Merchant and whether or not Merchant continues to market webloyalty.com's services. |