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For use in the registration process PRIOR to a "data pass" transaction which is a transaction where you collaborate with other unaffiliated sites that pass billing information of their purchasers to your site for a sale of your complimentary product or service.
Data pass transactions are regulated by the Restore Online Shoppers Confidence Act (ROSCA) signed into law by President Obama on December 29, 2010.
Data pass transactions are regulated by the Restore Online Shoppers Confidence Act (ROSCA) signed into law by President Obama on December 29, 2010. ROSCA prohibits the other unaffiliated site from transferring any billing information to you. In addition, ROSCA requires you to obtain the billing information yourself; however BEFORE obtaining the billing information, you're required to provide the following disclosures to the consumer: (i) a description of the goods or services being offered, (ii) that the referring merchant is not affiliated with you, and (iii) the costs of the goods or services. AFTER making these disclosures, but BEFORE charging the account, you're required to obtain the express informed consent of the consumers whose data may be obtained by you by requiring them to indicate agreement by clicking on an I ACCEPT button or by checking a box. This form makes the disclosures and obtains express consent from the consumer. You are required to add the information necessary to complete the blanks in the form.
You should also ensure that you select the option in our Website SaaS-Account-Membership Agreement (Click-Wrapped) that will result in the addition of the paragraph for the ROSCA "data pass" disclosures. In addition, make sure that the consumer is required to click through on the agreement indicating agreement prior to charging his/her account.
This is not a static downloadable form -- my embedded logic selects, orders, arranges, and formats my carefully worded clauses from the database and "intelligently" assembles your document -- you're empowered to create a near-custom agreement with 1000's of meaningful variations.
One of the great benefits of our online contract drafting service is that if you're not sure how to structure your transaction, or if you want to develop "fall back" positions for negotiation purposes, you may draft alternate variations of this document at no extra charge to assist you in developing your strategies.