Mogl Loyalty Services, Inc..
Terms & Conditions Applicable to Merchants

Merchant Authorization for Release of Data

Through its relationship with Mogl Loyalty Services, Inc.. ('MOGL'), Merchant has been selected to participate in MOGL's Card Linked Offer Program ('Program'), which includes programs managed by the Partner Programs ('Partner Program'). Please email support@mogl.com to request a current list of Partner Programs as the Partner Program list is updated on a regular basis. MOGL has entered into Agreements with each Partner Program for certain services, on behalf of itself and as the representative of Merchant, to promote Merchant to Partner Program's customers. In order for Partner Program to perform services in accordance with the MOGL - Partner Program Terms, MasterCard Incorporated, Visa U.S.A. Inc., American Express Company and one or more issuer or payment processors engaged by MOGL and/or Partner Program (individually and collectively, 'Card Network / Processor') will need to provide MOGL and/or Partner Program with certain information further described below. The purpose of these Terms & Conditions is to ensure that Merchant agrees to, and authorizes (i) Card Network / Processor monitoring and communicating this information to MOGL and/or Partner Program, and (ii) MOGL and Partner Program using the information for purposes of ensuring accurate rewards eligibility, application of rewards and distribution of offer content.

Merchant hereby authorizes MOGL and Card Network / Processor to monitor and release the following information to Partner Program: Merchant's Card Network identification number(s) and Merchant's payment card transaction information, including, but not limited to, cards registered by MOGL and/or Partner Program customers (including, without limitation, date, purchase amount, encrypted or tokenized card numbers, and payment card type) (each of the foregoing items individually and collectively, 'Merchant Information').

Merchant hereby authorizes MOGL and Partner Program and each of the third parties with whom MOGL or Partner Program may contract in connection with the Program (each, a 'Vendor,' which excludes Card Network / Processors), to (i) use or process Merchant Information in order to determine rewards eligibility in the Program (with eligible purchases defined as 'Qualified Purchases'), and (ii) communicate Qualified Purchases (date and time, purchase amount, last 4 digits of card, city / state / zip code, and payment card type) to MOGL for purposes of MOGL reporting to and billing Merchant. Each Vendor has confidentiality obligations that prohibit such Vendor from disclosing Merchant Information to third parties.

To the extent Merchant has an agreement with a Card Network / Processor, these Terms & Conditions shall not modify or terminate any such Merchant - Card Network / Processor agreement.

Merchant Program Participation Election

Merchant's Authorization shall remain in full force and effect until Merchant notifies MOGL that Merchant elects in writing to stop the transmission of Merchant's data to MOGL and Partner Program in connection with the Program. Merchant may notify MOGL by emailing support@mogl.com. Within a commercially reasonable time frame following receipt of such notice, MOGL shall communicate Merchant's notice to Partner Programs, and Partner Programs, Card Network/ Processor and MOGL shall stop the transmission of information as described above. Please note MOGL may monitor Merchants transactions for a reasonable period of time after such notification to ensure the consumers receive applicable rewards and for post campaign performance reporting.

Restrictions and Conditions on Merchant Use of Redemption Data

Merchant obtains, or may obtain, sales information from various sources (e.g., Card Network/Processor monthly reports directly to Merchant, Merchant's internal sales records, etc.). This sales information may include some elements of data that are the same as the Redemption Data (defined below). Merchant's use of this separately obtained sales information is not subject to the restrictions in this Section.

Merchant will only use data relating to the Program or Qualified Purchases ('Redemption Data') (whether provided via MOGL or directly to Merchant from Partner Program) to confirm the occurrence of a Qualified Purchase. Merchant will not use the Redemption Data for any other purpose. The Redemption Data is confidential information and, except for employees and subcontractors with a need to know, Merchant will not share it with others. Merchant will keep and/or use the Redemption Data only as long as there is a business need to have it, but not longer than 120 days.

Limitation of Liability

Partner Program, MOGL, Card Network / Processor and agents or subcontractors of any of the foregoing parties will not have any liability for any indirect, consequential, incidental, special or punitive damages, including any lost profits, even if such party has been advised of the possibility of such damages in connection with the Program. Furthermore, in no event will Partner Program's, MOGL's, Card Network / Processor's or any of the foregoing parties' subcontractor's or agent's total cumulative liability in connection with the program, from all causes of action of any kind, exceed amounts paid by Merchant to MOGL in the twelve (12) month period immediately preceding any claim.

In addition, Card Network / Processor will not be liable under any circumstances for (i) the release of or misuse of data provided under this authorization and used in connection with Program transactions by consumers, MOGL, Merchant, Partner Program or subcontractors or agents of any of the foregoing parties; (ii) any errors by or arising from the acts or omissions of consumers, MOGL, Merchant, Partner Program or subcontractors or agents of any of the foregoing parties in connection with a Program transaction.

Terms & Conditions Applicable to Merchant Updates

MOGL may change these Terms & Conditions Applicable to Merchants from time to time. MOGL will let you know by appropriate means such as by posting the revised policy on this page with a new "Last Updated" date. Any changes to these Terms & Conditions Applicable to Merchants will become effective when posted unless indicated otherwise.