Last updated: July 18, 2016
Thank you for using Amex Express Checkout with Stripe. The Stripe integration of Amex Express Checkout allows U.S. American Express® Card Members to check out quickly at participating online merchants by using their americanexpress.com account login. With Amex Express Checkout, Card Members simply use their existing americanexpress.com User ID and Password, and American Express auto-fills the checkout fields with their American Express Card details and relevant account information in just a few clicks. Amex Express Checkout is not a wallet, and does not require a Card Member to create or manage a new account.
You must accept all of the terms and conditions of this American Express Addendum to use AEC with the Payment Services. If you do not accept them, you may not use AEC with the Payment Services.
1. Purpose of this Addendum
Where integrated using Stripe, Card Members can use their online account details to pay using the AEC through a button enabled on your site without providing card details to you. You will also have limited access to limited American Express Customer information, such as the name and billing address (collectively, "Card Member Data").
2. Ownership and Use of Limited Card Member Data
a. Card Member Data provided to you through use of AEC is the exclusive property of AXP; provided, however, that any Card Member Data collected independently by you or provided by a Card Member to you after a Transaction for the express purposes of you using or storing such Card Member Data will be considered your property. You will comply with any AXP requirements regarding how such consent must be given, as may be updated from time to time by AXP.
b. You may only use the Card Member Data, excluding the tokenized card number and the corresponding expiration date, only as permitted by this American Express Addendum and the Agreement, or as otherwise consented to by the Card Member. You may not condition a Transaction on a Card Member's providing such consent and must remove any Card Member Data you have upon termination of a Card Member's account with you, unless otherwise consented to by the Card Member.
c. You may only use Card Member Data to complete Transactions, including handling Reversals, Disputes, and performing fraud investigations. Card Member Data may not be used for any other purposes, including, without limitation, for targeted marketing, advertising, or otherwise. You will comply with AXP Network Rules and Laws applicable use of Card Member Data including, without limitation, the rules and regulations promulgated under Title V of the Gramm-Leach Bliley Act of 1999, 15 U.S.C. 6801 to 6809, if applicable.
3. Data Security
You agree to: (a) Process Card Member Data in compliance with this American Express Addendum, the Agreement, and applicable Laws; and (b) comply with Payment Card Industry Data Security Standard, the Data Security Operating Policy (DSOP), the IPCR and the other applicable data security requirements provided in the AXP Network Rules. You will use your data security program to maintain, monitor and enforce reasonable organizational, administrative, technical and physical safeguards to protect the security, integrity, confidentiality and availability of Card Member Data, including to protect against: (a) any anticipated threats or hazards and (b) any accidental, unauthorized or unlawful handling, loss or other compromise of Card Member Data (each a "Security Incident"). You will promptly remediate any Security Incidents.
4. IP Ownership
a. AXP retains all rights, title, and interest over all AXP intellectual property, including but not limited to Card Member Data, all trademarks or service marks owned by AXP, AEC, and any intellectual property contained in AEC (collectively, AXP Property).
b. You are granted a limited license to use of AXP Property as required for you to provide use of AEC to your Customers and perform your obligations under and this American Express Addendum. You will not: (i) copy, sublicense, sell, rent, lease or otherwise distribute, or permit either direct or indirect access to or use of the AXP Property; (ii) use any automated means (for example scraping or robots) other than those provided by AXP to access, query or otherwise collect Card Member Data; (iii) modify, disassemble, decompile, reverse engineer, create derivative works of, or make any other attempt to: (A) discover or obtain the source code of any AXP Property (as applicable); (B) send through or store infringing or unlawful material in any AXP Property; (C) send through or store malicious code (such as viruses or trojans) in any AXP Property; (D) attempt to or gain unauthorized access to, or disrupt, the integrity or performance of, any AXP Property; (E) access any AXP Property for the purpose of building a competitive product or service; or (F) use any AXP Property, or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication; (iv) remove, obscure or otherwise modify or destroy any proprietary markings of AXP or other parties that may appear on any components of the AXP Property; (v) use the AEC button except as provided by this American Express Addendum; or (vi) use AXP Property in any unlawful manner, for any unlawful purpose or in violation of the Agreement or Laws.
5. Indemnification, Disclaimer, Release, and Limitation on Liability
You will indemnify AXP and its affiliates, and each of their respective directors, officers, agents, employees, successors and permitted assigns from and against any and all associated losses arising out of or in connection with: (i) your violation of Laws; (ii) claims by a third party arising out of or in connection with your use of the AXP Property, or your products or services or its relationship with your Customers; and (iii) breach of this American Express Addendum.
You agree (i) that AXP Property is provided "AS IS" and without warranties, including standard disclaimers for warranties of merchantability, fitness for any particular purpose, title, noninfringement, and service availability; (ii) that AXP may suspend provisioning AEC to you in its sole discretion and at any time; and (iii) to release AXP and AXP's affiliates from all liability for any and all claims and any and all associated losses, including without limitation, in connection with the AXP Property and/or your access to or use thereof.
You agree that indirect damages (including consequential, incidental, punitive, special, exemplary or other indirect damages) will be excluded from any and all recovery under claims arising from or related to this American Express Addendum. AXP's liability hereunder shall be limited to the less of (i) actual direct damages; or (ii) $500.
6. Compliance with Network Rules
You will comply with the AXP Network Rules, as amended by AXP from time to time.
7. AXP as a Third-Party Beneficiary
The Agreement is not intended to, and does not, give you or any other third party, including your suppliers and Customers, any rights against AXP or any of AXP's affiliates, or create any obligations of AXP or any of AXP's affiliates to you or any other third party, including your suppliers and Customers. AXP and its affiliates are the intended third-party beneficiaries of, and shall be entitled to enforce, this American Express Addendum. In addition, the indemnified parties set forth in Section 5 of this American Express Addendum, are the intended third-party beneficiaries of, and shall be entitled to enforce this American Express Addendum. The Agreement will not be deemed to create any other rights, benefits or interest of any in third party, including supplier and Customers, or to create any obligations to such third parties.
7. Governing Law, Arbitration
You agree that any claims brought by AXP, as a third-party beneficiary under this American Express Addendum, or by you against AXP, is subject to the laws of the State of New York, without consideration of conflicts of law principles.
In case AXP exercises its rights as a third-party beneficiary under this American Express Addendum or you bring a claim against AXP, the following arbitration process shall apply between you and AXP:
a. Procedures: Any and all disputes, claims or controversies arising out of or related to this American Express Addendum will be submitted for binding arbitration. Unless you and AXP agree otherwise, any arbitration shall take place in the State of New York, New York County, and will be administered by, and pursuant to the rules of, the American Arbitration Association ("AAA").
b. Process: Disputes will be arbitrated on an individual basis. There will be no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator's authority to resolve disputes and to make awards is limited to disputes between you and AXP alone. Furthermore, disputes brought by either you or AXP against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party, unless agreed to in writing by both parties. No arbitration award or decision on any disputes will be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration.
c. Costs of Arbitration Proceedings: The parties to such arbitration will be responsible for paying their respective shares of the arbitration fees (including filing, administrative, hearing and/or other fees) as provided by AAA rules
d. Applicability: Without limiting the forgoing, but for clarification, this Section 7 of the American Express Addendum only affects disputes between you and AXP. Any disputes between you and Stripe are strictly governed by the applicable terms of the Agreement.
8. Implementation Guidelines
You will adhere to the following implementation guidelines and requirements:
a. All allowable graphics for the AEC button are available in the Documentation, and you may not resize, recolor or modify any graphics provided.
b. For radio button instances: Primary implementation is for you to leverage the payment mark in tandem with copy Amex Express Checkout. Secondary implementation is to leverage the button in tandem with copy Amex Express Checkout. Tertiary implementation is to leverage the copy Amex Express Checkout on its own. You may not deviate from correct spelling and styles for Amex Express Checkout. Incorrect examples include, but are not limited to, _AMEX Express Checkout or American Express Checkout or Amex Checkout.
c. You may not use any other AXP trademarks or graphics (i.e., payment acceptance mark or blue box logo) instead of the approved button asset. Payment acceptance marks on a Merchant Site (as differentiated from the AEC button) should always be the blue box logo.
d. The AEC button must always be clickable where implemented. You may not use the AEC button in place of a payment acceptance mark or blue box logo on your website or app.
e. Ideal placement of the AEC button is prior to the majority of manual entry fields, to take full advantage of the autofill capability.
9. Termination
For the avoidance of doubt, you may terminate this American Express Addendum by removing the AEC button from your website or app, and ceasing to use AEC and all AXP Property. This will constitute notice to AXP your termination. AXP will have the right to suspend or terminate provision of AXP Property under this American Express Addendum at any time.