February 14, 2023

Appendix A – MobilePay Online Merchant Agreement (Client requirements for use of MobilePay)

Client shall be fully compliant with the specified requirements below:

1. The Client shall not be on the blacklist consisting of businesses with industry codes, MCCs, as specified in the table below, unless they receive special approval from MobilePay.

2. Complex merchant cases, e.g. escrow, super-merchant, sub-merchant setups, crowdfunding, sponsorships etc., require pre-approval from the Provider or from MobilePay and cannot be used for new integrations without guidance from the Provider.

3. The Client shall have a company registration number in the EU/EEA or in other geographies as agreed between the Parties, in order to receive the service.

4. The Client understands that payment by card via the service can be offered only in EU/EEA or in other geographies as agreed between the Parties (i) in the following languages: English, Danish, Finnish, Norwegian, Swedish or German and (ii) in the following currencies: DKK, EUR, NOK, SEK.

5. The Client has been informed and understands that MobilePay and MobilePay Online is the property of the MobilePay A/S. MobilePay Online is not a payment service but a rather a “pass-through digital wallet”, which enables End-users to easily convert the mobile phone number that the End-user has linked to the service to the card information that the End-user needs in order to pay with the card.

6. The Client is informed and understands that payment via MobilePay Online is a card transaction that is processed as though the End-user had entered the card details directly on the Client’s website. MobilePay Online is not a payment solution. MobilePay A/S is not a payment service provider. Settlement in relation to the Client is carried out by the Acquirer. All transactions must be approved by the End-user.

7. The Client may not accept payments via MobilePay Online for illegal activities, illegal purposes or morally reprehensible purposes.

8. The Client may not charge recurring payments from cards used via MobilePay Online.

9. The Client should inform its customers that payment online via MobilePay Online takes place directly from the payment card that the End-user has linked to the service. If the Client cannot receive payments from the linked card, the End-user cannot use MobilePay Online with the Client.

10. When receiving card payments via MobilePay Online, the Client has an obligation to follow the Acquirer’s rules and conditions for payments with payment cards in general.

11. The Client understands that it must comply with all applicable laws as amended from time to time for e-commerce in relation to the Client’s sale of goods and provision of services, including but not limited to the rules on information requirements, marketing and processing of personal data, fraud, corruption and Anti-Money Laundering.

12. The Client may not store data about the End-user in violation of applicable laws as amended from time to time.

13. The Client has an obligation to comply with the current applicable laws on imposing charges on the End-users.

14. The Client may not impose any charges for the use of MobilePay Online.

15. The Client must retain transaction receipts in accordance with current legislation, and receipts must be retrievable in accordance with the Acquirer’s terms and conditions.

16. The transactions are monitored by MobilePay A/S at the same level as card transactions are.

17. The Client is kept informed of special security measures or other requirements regarding MobilePay Online made by the authorities or by MobilePay A/S.

18. The Client understands that Provider must approve the Client’s technical setup.

19. MobilePay Online service may be terminated without notice if requested by MobilePay A/S, the authorities or the Card Scheme.

20. The Technical Services Agreement may be terminated without notice if the Client is in default in respect of the Technical Services Agreement. Default includes but is not limited to the following: a) the Client fails to meet its payment obligations under the Technical Services Agreement; b) the Client suspends its payments; c) the Client initiates restructuring proceedings; d) the Client is declared bankrupt or subjected to another type of insolvency proceedings; e) the Client is subject to distraint or seizure; f) the Client does not comply with the legal rules that apply to the sale of the Client’s goods or services; g) the Client does not immediately comply with any legitimate claims arising from objections from the End-users about goods or services; h) the Provider or MobilePay A/S receive repeated objections from the End-users; and i) the Client does not otherwise comply with the requirements stipulated herein.

21. The Client understands that MobilePay A/S has all rights to the MobilePay trademarks. The Client may not violate MobilePay A/S’s intellectual property rights. The Client’s use of the MobilePay trademarks may not create the impression that goods and services are sponsored, produced, offered, sold or otherwise supported by MobilePay or the Provider.

22. The MobilePay Trademarks may be used only in the approved form and only in conjunction with online payments via MobilePay Online on the Client’s websites. The Client undertakes that the use of MobilePay’s trademarks meets the requirements, guidelines and standards approved and established by MobilePay A/S. MobilePay A/S may contact the Client at reasonable times in order to ensure that the MobilePay trademarks are used in accordance with its instructions and standards.

23. In case that the Client becomes aware of any activity carried out by third parties that may involve a violation of MobilePay A/S’s interests and the MobilePay trademarks, the Client must immediately inform the Provider in writing.

24. The Client shall use MobilePay A/S’s designations, logos and trademarks, as intended and in accordance with the instructions set out as amended from time to time in (download here: https://mobilepaygroup.com/design).

25. The Client shall acknowledge that MobilePay A/S’s designations and Trademarks are the property of MobilePay A/S’s and shall acknowledges that all use hereof shall inure to the benefit of MobilePay A/S’s.

26. The Client shall ensure that the services under the MobilePay designations and the Trademarks will conform to and comply with the requirements and standards approved and provided by MobilePay A/S.

27. The Client shall seek the prior written approval of MobilePay A/S for all matters pertaining to the marketing and advertising strategies and promotion of the service.

28. The Client shall inform Provider immediately if it becomes aware of any claims or allegations from third parties that the MobilePay trademarks are invalid or that the use violates the rights of third parties.

29. The Client may not transfer its rights or obligations under the MobilePay service to a third party without prior written approval from the Provider.

30. The Client shall allow MobilePay A/S and/or its authorised representatives to access the premises of the Client at all reasonable times for the purpose of ensuring that the MobilePay designation and the Trademarks are used in compliance with MobilePay A/S’s standards and instructions.

Blacklist

Clients included in the below Merchant Category Codes (“MCC”) are prohibited to use MobilePay Online:

Regardless of the registered MCC above, the following products and/or services are also blacklisted: bitcoins, stock trade, binary options, gambling, betting, bonds, money transfers, streaming of porn, debt collection, pyramid schemes, pyramid business models, multilevel marketing, CBD Oil, drugs and other illegal goods and activities etc.

The Client shall have the obligation to inform the Provider if it falls within any of the above listed MCCs or blacklisted services. Client failing to do so shall be deemed as a breach of this Agreement and the Client shall be held liable for any damages incurred by the Provider as a result of such breach.

The blacklist above may be amended by MobilePay A/S from time to time.