Merchant is the party providing goods and services (“Products”) to be marketed and sold products online. Merchant of Record (MoR) is the party formally recorded as conducting the payment transaction with an End-User Customer.
Where MoR provides the Services through the MoR’s Merchant ID, it is agreed that MoR has license from the Merchant to perform such sales transactions through the Merchant ID. MoR’s Merchant ID refers to MoR’s account(s) at recognized Acquirer(s) and used by MoR to process payment for Products.
Merchant gives MoR a worldwide non-exclusive, royalty-free and non-transferable license to market and be the merchant for Merchant’s Products to End-User Customers and where appropriate to permit Merchant’s or MoR’s delivery of digital titles and/or relevant license keys and/or product activation codes to End-User Customers through the Internet and/or other networks. In marketing Product transactions through MoR, Merchant shall identify MoR as a reseller or Merchant of the Products, and shall not remove or cause to be removed from the MoR System any written statement identifying MoR as the online merchant. MoR shall be the Merchant with respect to such transactions to End-User Customers, and shall be responsible for delivering an electronic invoice/receipt to End-User Customers in the name of MoR.
MoR takes ownership of Products sold, and for which payments are processed, under this Agreement and takes primary responsibility, with assistance from the provider of the Products, for said Products. The End-User Customer is informed at time of sale of introducing MoR.
Merchant warrants that it has all right, title and license in Products to permit MoR the right of processing the transaction. In the event that Merchant breaches this warranty, MoR may immediately suspend or terminate Services for Merchant.
Merchant shall comply with all applicable European Union, UK, and country where merchant is registered/located laws and regulations as from time to time in force regarding data protection, consumer rights, ecommerce, provision of services, consumer rights, protection and contracts.
Merchant is primarily responsible to provide warranty, maintenance, technical or product support services for the Products. Merchant is primarily responsible to End-User Customer for any liabilities related to Merchant’s fulfillment of Product orders, EULAs entered into by End-User Customer, or use of Products by End-User Customer. As regards End-User Customers, MoR shall assume provision of warranty, maintenance, technical or product support services and liability for Products in accordance with relevant law.