Sporting Goods and Firearms Certification

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This Addendum supplements the Agreement to which it is attached, and to the extent as below, modifies and supersedes any conflicting provisions contained elsewhere in the Agreement, and makes the following special provisions part of the Agreement. All other provisions or terms of the Agreement shall remain in full force and effect.

1. In connection with the Merchant’s obligations under and pursuant to the Agreement and this Addendum, the Merchant agrees to abide by all state and federal laws, rules, and regulations governing the face-to-face and non-face-to-face sales of age-restricted products (herein after, “Products”) to potential customers, including but not limited to weapons, firearms, accessories for weapons or firearms, ammunition or other related items, accessories, or products.
2. Merchant agrees that to the extent that the Merchant has NOT provided Clearent a valid, current Federal Firearms License (“FFL”) and has NOT been approved by Clearent under the Agreement to process card transactions that require an FFL, the Merchant affirms and attests that it will not process sales of Products that require an FFL under state or federal laws, rules or regulations in either a face-to-face or non-face-to-face environment. In addition, Clearent prohibits processing sales for the following products unless the merchant has a valid and current Federal Firearms License (FFL). Merchant affirms that it will not process sales for any of the below product types with Clearent. Additional prohibited products may be added to those below by Clearent from time to time in its sole discretion.
   
   • The sale of un-serialized lower receivers.
   • 80% Completed lower receivers.
   • CNC (Computerized Numeric Control) Machines
   • Drill Bit or Jigs used to complete the building of a gun
   • Antique/replica firearms such as powder-based ammo and muskets
3. Merchant agrees that prior to consummating a face-to-face card transaction for the sale of any such Products, it shall request name and age verification from the potential customer. Merchant further agrees that such verification shall be a valid government-issued form of identification, clearly displaying the customer’s photograph, name, address, and date of birth. Merchant shall also verify that the valid identification presented to Merchant at the point of sale for such Product(s) shall contain the customer’s name appearing on the face of the valid credit card presented to Merchant.
4. Merchant agrees that following the consummation of a non-face-to-face card transaction for the sale of any such Product(s), it shall only deliver the Product(s) to an address which will abide by all state and federal laws, rules, and regulations and shall require, without exception, the signature of the cardholder, and the presentation of a valid, government-issued photo identification card in the same name and address as the cardholder, to verify legal age upon delivery of the Product(s).
5. Merchant shall remain liable for all card transactions submitted under and pursuant to the terms of the Agreement and this Addendum, and to Clearent and its sponsor bank who may, in their sole discretion, refuse any of the Merchant’s card transactions submitted under and pursuant to the terms of the Agreement which they individually or collectively reasonably believe are in violation of the terms of this Addendum.
6. Merchant agrees that they are aware of and understand ATF’s Final Rule 2021R-05F, Definition of “Frame or Receiver” and Identification of Firearms. The goal of this ruling is to ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired, and disposed by all federal firearm licensees. Merchant further agrees that they understand their role in compliance with the ruling and that failure to comply may be construed as a violation of your merchant agreement and can lead to account termination along with significant card brand fines being imposed.

Merchant hereby acknowledges and agrees that it is responsible for recertification of this Addendum on an annual basis or as requested by Clearent, failure to do so will result in a non-recertification fee.

IN WITNESS WHEREOF, the parties here to have caused this Addendum to be executed by their duly authorized representative as of the date set forth herein below.