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Master Service Agreement

Current Clients prior to March 4th can access the prior version of our Master Service Agreement here which will apply until April 4th, 2024.

Pursuant to the Agility Credit Master Service Agreement (“MSA”), Agility Credit, LLC (“Agility Credit”) will provide services to the signatory specifically identified on the Service Order Agreement (“SOA”) which includes but not limited to its affiliates, subsidiaries and other business ventures (“Client”). Agility Credit and Client maybe referred to individually as a “Party” or collectively as the “Parties”.

In a desire for extreme clarity and in abundance of caution, the section of the MSA titled “Specific Compliance and Credit Bureau Terms and Requirements” and the ensuring subsections, are part and parcel, which form the entire MSA.

Agility Credit and Client agree to the following terms and conditions as set forth:

I. GENERAL CONTRACTUAL TERMS AND CONDITIONS

  1. Service Documents

    The Agility Credit MSA governs the services agreement documents (“Service Documents”) included but are not limited to the basic document(s) identified below:

    1. Service Order Agreement (“SOA”)
    2. Client Affiliates
  2. Services

    Agility Credit will provide services pursuant to the Agility Credit Service Order Agreement (“SOA”), which may include other specified services and documents that references and incorporates by reference this MSA, that hereafter collectively describe the services provided “(Services”).

  3. Notice

    Any and all notices, demands or requests required or permitted to be given under the Service Documents to Agility Credit shall be given in writing and sent, by email only to notices@agilitycredit.com. Any and all notices, demands or requests required or permitted to be given under the Service Documents to Client shall be given in writing and sent, by email or mail, to its designated email address or mailing address set forth in the Service Documents, in particular, the SOA. Each Party may from time-to-time change the email address or mailing address for notice by giving the other party written notice in accordance with the terms of this section.

    1. Notices to Agility Credit shall be sent to notices@agilitycredit.com.
    2. Notice to Client shall be sent to the Clients physical address and/or Billing email address as indicated on the Service Order Agreement
  4. Document Modification

    The MSA and Service Documents, except for the Client specific SOA, may be modified in writing by Agility Credit. The most current version of the MSA and Service Documents, except for the Client specific SOA, is available for review at /master-service-agreement/ and are binding.

  5. Sole and Exclusive Provider

    Agility Credit shall be the sole and exclusive provider to the Client of credit reports, and products provided through Experian, TransUnion, and Equifax, except for products Agility Credit does not offer.

    Nothing in this Agreement or Service Documents shall be construed as making Agility Credit a consumer reporting agency as defined in the Federal Fair Credit Reporting Act and companion state statutes.

  6. Fees
    1. Fees, Payment, Late Payment Resolution Process

      Client agrees to pay for Services pursuant to the SOA. Agility Credit reserves the right to increase rates and fees after at least 30-days written notice before the effective date of the modification. Written notices shall be emailed to the address indicated on the SOA and / or pursuant to §3 above.

    2. Invoice and Payment

      For Services rendered, Agility Credit will invoice Client monthly or as specified on the applicable SOA. The client is subject to a monthly minimum the “Minimum Fee” of ($50.00/month for one bureau, $75.00/month for two bureaus, $100.00/month for three bureaus). Should the combined total of all client’s services be less than the Minimum Fee as described above in any given month, the client will still be billed at the monthly Minimum Fee charge. Monthly minimums are for the collective credit report transactional services and do not include the Credit Reporting Agencies Monthly Subscriber Code Service Fees. Upon receipt, Client agrees to immediately pay each invoice in full in U.S. Dollars. Payment shall be authorized via ACH (Automatic Clearing House) or CC (Credit Card), unless otherwise agreed in writing. Client is responsible for any Non-Sufficient Funds charges that may occur when processing ACH payments.  Payment shall be without setoff, counterclaim, discount, abatement or demand.

      Client’s primary billing address shall be Client’s email address as indicated on the SOA. Invoices sent via email shall be considered validly delivered to the Client. Invoices may also be sent to the Client’s physical address. Valid addresses are indicated on the SOA or other related document that indicates the Client’s billing address.

    3. Late Payment and other charges

      Any invoice not properly disputed as provided in Section 6(D) below and not paid in-full by the due date stated on the invoices (“Due Date”), shall be subject to a late payment of $75 dollars if the entire invoice amount inclusive of all charges, fees and any other cost is $375 or more. Invoices under $375 which is inclusive of all charges, fees and any other cost shall be subject to a late payment of $25 dollars.

    4. Payment Disputes Process
      1. The Parties agree to use good faith efforts to resolve any payment dispute. All payment disputes must be claimed within ninety (90) days after the Due Date or the claim is barred unless manifest error.
      2. In good faith, Client may dispute in writing the amount of any invoiced fee or other charge as follows: Client shall provide a written notification to Agility Credit at billing@agilitycredit.com of the fees(s) or other charge(s) being disputed along with substantiating documentation and other information reasonably requested by Agility Credit to resolve the payment dispute (“Payment Dispute Process”).
      3. Client shall remain responsible by the Due Date for the invoiced amount excluding the disputed amount.
      4. Absent manifest error, failure to contest fee(s) or charge(s) pursuant to the Payment Dispute Process shall create an irrefutable presumption of correctness of the fee(s) or charge(s), and Client shall be deemed to have waived its dispute rights for the applicable invoice and agreed to pay such invoice in full.
  7. Standard Service Level, Service Term, Termination of Services and Suspension of Services
    1. Standard Service Level
      1. Definitions
        1. “Scheduled Maintenance Window” means the designated time periods during which Agility Credit may limit or suspend access to the platform so that planned maintenance may be performed. The tentative Scheduled Maintenance Window is Wednesday, between 12:00 a.m. and 3:00 a.m. Pacific Time.
        2. “Scheduled Maintenance” means platform maintenance that is performed by Agility Credit during a Scheduled Maintenance Window, or when Agility Credit has provided Client at least 12 hours advance notice using e-mail specifying the nature and anticipated impact to Services.
        3. “Emergency Maintenance” means maintenance that is performed by Agility Credit due to a major issue impacting the platform outside of the Scheduled Maintenance Window.
      2. Support

        E-mail Support is available at support@agilitycredit.com

        Phone Support is available at 1 (877) 744-0777

      3. Service Performance

        Agility Credit shall provide a 99.95% Platform Uptime, measured each calendar month (Platform Uptime). The following are excluded for purposes of computing Platform Uptime:

        1. Scheduled Maintenance or Emergency Maintenance; unavailability caused by acts or omissions of Client or its agents; unavailability caused by the Credit Bureau Outages, network unavailability, bandwidth outside of the Agility Credit Network, or cloud provider service disruption; an unforeseen event, any Force Majeure Event.
      4. Maintenance
        1. Agility Credit will use commercially reasonable efforts to minimize the impact for Clients using the platform by typically utilizing only one or two Scheduled Maintenance Windows per month and performing operations to minimize Client impact. Agility Credit reserves the right to perform any required Emergency Maintenance work outside of the Scheduled Maintenance Window and will use commercially reasonable efforts to notify Client as soon as reasonable via email to the Client’s primary contact or a notice posted in the Platform before commencing any Emergency Maintenance outside of the Scheduled Maintenance Window.
    2. Service Term and Renewal

      An order for Services shall remain in force and effect as designated on the Service Order Agreement for the Initial Service Term and shall automatically renew for the same term as the Initial Service Term referred to as the Renewal Term.

    3. Termination of Services
      1. Client may terminate the Renewal Term and related Service Order Agreement after giving Agility Credit written notice of termination no more than ninety (90) days prior and no less than thirty (30) days prior to the Renewal Term for annual or multi-year agreements or thirty (30) days prior to the Renewal Term for month-to-month agreements. Written notices shall be sent to billing@agilitycredit.com or pursuant to §3 above.
      2. After giving reasonably written notice to Client and without liability to Agility Credit, Agility Credit may immediately terminate any and all Services to Client for a Default as described below.
      3. Each of the following shall constitute an event of default (“Default”) under this Agreement:
        1. Client’s failure to pay any invoice after the Due Date;
        2. Client’s failure to comply with any Federal or State law;
        3. Client’s failure to comply with any requirement of a credit provider, including but not limited to Equifax Information Services LLC, TransUnion LLC, Experian Information Solutions, Inc or any of their affiliated companies (“Credit Bureau” or collectively the Credit Bureaus”);
        4. If Client is seeking to become or has become a subject to any insolvency, bankruptcy, proceeding, dissolution or cessation of business operations;
        5. A Credit Bureau requests Agility Credit to terminate service to Client;
        6. Client breaches any term or condition of the Service Documents.
    4. Suspension of Services

      Agility Credit may immediately terminate or suspend its obligation to provide Consumer Reports and other Services upon written notice to Client when directed to do so by any Credit Bureau or for a Default.

  8. Representations and Warranties
    1. Client Represents and Warrants

      Client represents and warrants that:

      1. Client represents and warrants that it will not use any Service in a manner that could result in a contravention of Federal or State law and Agility Credit policy and procedures;
      2. Client represents and warrants that it shall comply with all the requirements of the Credit Bureaus as outlined in this Master Service Agreement and the attached exhibits;
      3. Client represents and warrants that it shall comply with all applicable laws, regulations and ordinances and shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under the Service Documents;
      4. Client represents and warrants that its employees and agents that use or have access to any Service are duly authorized with the appropriate authority to act and Client will exercise appropriate controls to ensure each employee and agent does not exceed the authority granted and abide by security protocols, procedures and policies consistent with maintaining Confidential Information;
      5. Client represents and warrants that it shall establish and enforce appropriate security protocols, procedures and policies consistent with maintaining Confidential Information and Credit Bureau requirements.
      6. Client represents and warrants that it will use all information received from Agility Credit for a permissible purpose and abide by other obligations as stated and described by U.S.C. §1681et al of the Fair Credit Reporting Act (FCRA) and The  Financial Services Modernization Act of 1999 “(GLBA”)
      7. Client represents and warrants that it will not endeavor in a business not served or prohibited by the Credit Bureaus and/or Federal or State law, and will abide by the information security and other requirements of the Credit Bureaus as described in this MSA and attached exhibits.
    2. Agility Credit Representations and Warranties

      TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER AGILITY CREDIT NOR THE CREDIT BUREAUS MAKE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO THE SERVICE(S) PROVIDED BY AGILITY CREDIT UNDER ANY AND ALL OF THE SERVICE DOCUMENTS AND EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WRITTEN, ORAL, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANT ABILITY, INFRINGEMENT, COMPLETENESS, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER AGILITY CREDIT NOR THE CREDIT BUREAUS REPRESENT OR WARRANT THAT THE SERVICE(S) PROVIDED WILL BE UNINTERRUPTED, FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS OR ERROR FREE. ANY REPRESENTATION OR WARRANTY EXPRESSLY SET FORTH IN A SERVICE ORDER CONSTITUTES THE ONLY REPRESENTATION OR WARRANTY OF AGILITY CREDIT AND RELATES SOLELY TO THE SPECIFIC SERVICE ORDER.

      NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES WILL AGILITY CREDIT OR THE CREDIT BUREAUS HAVE ANY LIABILITY FOR INTERRUPTIONS AFFECTING THE SERVICES FURNISHED UNDER THIS AGREEMENT THAT ARE ATTRIBUTABLE TO CLIENT’S EQUIPMENT FAILURE, OR CLIENT’S BREACH OF THE AGREEMENT, OR FOR ANY ACT OR OMISSION OF A THIRD PARTY PROVIDING ANY SERVICE OR PRODUCT THAT IMPACTS THE SERVICE(S) PROVIDED UNDER THE SERVICE DOCUMENTS. THE PARTIES ARE COMMERCIAL ENTERPRISES, CLIENT HAS THE UNDERSTANDING AND COMPREHENSION OF THIS SECTION AND THE OPPORTUNITY FOR REVIEW BY LEGAL COUNSEL.

  9. Limitation of Liability and Indemnification
    1. Limitation of Liability

      The liability of Agility Credit arising out of or in connection with the Service Documents and or services provided, shall not exceed the amount of fees actually collected by Agility Credit from Client during the previous twelve (12) months before the incident that gave rise to the claim. In no event shall Agility Credit or the Credit Bureaus be liable for indirect, special, punitive incidental or consequential damages of any kind, including but not limited to profits, actual or projected revenues, business harm, regardless if the action is based on warranty, strict liability, tort, negligence of any kind, nonperformance, termination, action or inaction for any reason even if Client advises of the possibility of such loss or damage. Client acknowledges that Agility Credit does not offer legal advice, as such, any customer facing materials and products provided by Agility Credit will be reviewed and approved by Client’s legal counsel before circulation. Client agrees that this limitation set forth in this section is integral to the charges for Services and if Agility Credit were to assume any further liability than set forth herein, said Services charges would of necessity be substantially higher. The Parties are commercial enterprises, Client has the understanding and comprehension of this section and the opportunity for review by legal counsel.

    2. Indemnification

      Client agrees to indemnify and hold Agility Credit and its directors, officers, employees and agents and the Credit Bureaus harmless from all claims, demands, losses, liabilities, judgments and expenses (including their attorney’s fees and legal expenses) arising out of or in any way connected with Agility Credit’s performance, breach or failure of express or implied warranty, gross negligence, even if informed by an authorized agent or negligence of any kind under the Service Documents and or services provided. The Parties are commercial enterprises, Client has the understanding and comprehension of this section and the opportunity for review by legal counsel.

  10. Arbitration and Waiver of Jury Trial
    1. Arbitration

      The Parties agree in the event a dispute arises concerning the Service Documents, whereby the value of the claim is less than ten-thousand dollars ($10,000), litigation will not afford a practical resolution of the issues within a reasonable period of time and at a reasonable cost. Consequently, any claim less than ten-thousand dollars ($10,000), with the exceptions noted below, each Party agrees that any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The seat of the arbitration will be located in Las Vegas, Clark County, Nevada. The language to be used in the arbitral proceedings will be American English. The arbitrator shall award the prevailing party fees and costs. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The losing party shall pay the filing fees, cost of the representative, attorney fees and arbitrator’s cost, if any, of the successful party. For purposes of this provision, the following matters will not be subject to arbitration, matters relating to the breach of Confidential Information, which Agility Credit may seek to enforce in any court of competent jurisdiction. Either Party may initiate an arbitration proceeding at any time by giving notice to the other Party. The arbitration proceeding and all filing, testimony, documents, and information, relating to or presented during the proceeding, shall be disclosed exclusively for the purpose of facilitating the arbitration process and for no other purpose and shall be deemed to be information subject to section 12, Confidential Information, of this Master Services Agreement. The decision of the arbitrator, absent fraud, duress, incompetence or gross and obvious error of fact, shall be final and binding upon the Parties and shall be enforceable in courts of proper jurisdiction. Following written notice pursuant to section 10, of a request for arbitration, each Party shall be entitled to an injunction restraining all further proceedings in any pending or subsequently filed litigation concerning the Service Documents, except as otherwise provided herein.

    2. Waiver of Jury Trial

      Each Party acknowledges a controversy that may arise under the Service Documents and or services provided are likely to involve complicated and difficult issues, therefore, each Party irrevocably and unconditionally waives any right to a trial by jury in respect of any legal action arising out of or relating to the Service Documents and or services provided.

  11. Governing Law and Venue, No Waiver of Remedy, Attorney Fees
    1. Governing Law and Venue

      The Service Documents are governed by and to be construed in accordance with the laws of the State of Nevada, without regard to conflict of laws, rules and without regard to provisions related to the choice of law or forum. Unless strictly prohibited by applicable law, any action brought to enforce the terms of the Service Documents shall be brought in the Federal and State Courts of Clark County, Nevada.

    2. No Waiver of Remedy

      Except as otherwise set forth in the Service Documents, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from any of the Service Documents and or services provided shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

    3. Attorney Fees and Representative Fees

      In the unlikely event a Party seeks enforcement of or defended against an unsuccessful claim of breach of the Service Documents and or services provided, the unsuccessful party shall be liable for all reasonable attorney fees, representative fees, expenses and costs incurred by the successful party.

  12. Confidentiality of Information
    1. The term “Confidential information”, includes but is not limited to, all information, including Credit Bureau Data [below Part II section 1(a)], any proprietary of sensitive information, data, technical documentation, computer programs, pricing information, and intellectual property which is owned or licensed to Client by Agility Credit, documents, agreements, files, whether transferred verbally or electronically or written or any other media format whether observed or stored, all consumer information, marketing plans and strategies, client and customer information, any personally identifiable information, as well as proprietary information such as – source codes, trade secrets, know how, processes, methods, protocols, practices, analyses, compilations, documents that reflect or are generated from such information, documents or any other materials to the extend disclosure concerning the business and affairs of Agility Credit.
    2. Nothing contained in the Service Documents grants or alters any property rights, by license, ownership or otherwise to Client of any Confidential Information of Agility Credit or its service providers.
    3. Client agrees that Confidential Information shall not be reproduced in any form except in conjunction with accomplishing the Services contracted.
    4. Except as provided for in the Service Documents, Client shall not make any disclosure of Confidential information to anyone other than those individuals, agents and employees that need to know (“Authorized Persons”) in order to accomplish the duties and obligations under the Service Documents. Client shall make all Authorized Persons aware and responsible for the terms and conditions of controlling Agility Credit’s Confidential Information.
    5. Client agrees to follow the required security information protocols of the appropriate Credit Bureau as described in the exhibits attached to this Master Services Agreement, which may be updated from time to time and without prior written notice. Further, Client agrees that Confidential Information received in any form or via any medium shall: (a) be stored in a physically and logically secure and controlled environment, only accessible by Authorized Persons; and (b) be downloaded only onto physically and logically secured and controlled systems accessible by Authorized Persons.
    6. Upon written request by Agility Credit, Client shall promptly return to Agility Credit or securely destroy, all Confidential Information and all copies thereof. Confidential Information disposed of in the regular course of business shall be securely destroyed on a regular basis. Notwithstanding, Client may retain copies of any Confidential Information required to comply with applicable law or regulation provided (i) such information shall remain subject to this Master Services Agreement and (ii) shall not be retained beyond the period required by applicable law or regulation.
    7. Client acknowledges and agrees that an actual or threatened breach of any of the terms and or conditions contained in this section will result in irreparable and continuing damage to Agility Credit for which there will be no adequate remedy at law, and Agility Credit shall be entitled without the requirement of posting a bond or other security, to injunctive relief, specific performance and or other equitable relief as remedies for such breach or threatened breach, and other relief as may be proper (including monetary damages if appropriate), and these remedies shall not be deemed Agility Credit’s exclusive remedies but shall be in addition to all other remedies available at law or in equity to Agility Credit.
  13. Miscellaneous
    1. Independent Entities

      The Service Documents shall establish no relationship between the Parties other than that of an independent contractor. Neither Party’s employees or agents shall be construed to be a representative of the other Party. None of the provisions of the Service Documents are intended to create, nor shall they be deemed or construed to create, any partnership, joint venture or other relationship between the Parties other than that of independent contracting parties.

    2. Taxes and other Exemptions
      1. Client shall be responsible for all charges, including but not limited to, fees, taxes, regulatory fees, governmental assessments, surcharges, State surcharges, credit bureau surcharges, value added tax, and other charges imposed on Client as a result of Agility Credit’s sale of Services or Client’s use of Services during the course of business. Agility Credit shall not be responsible in any manner, under any conditions or in any terms liable or responsible for the above referenced charges.
      2. If Client claims a tax exemption of any kind, Client must provide evidence of such exemption to Agility Credit that is satisfactory to Agility Credit in Agility Credit’s sole and absolute discretion. Agility Credit may invoice Client for all charges Agility Credit deems, in its sole and absolute discretion, not covered by the Client’s exemption and Client shall promptly pay such invoice by the Due Date without setoff, counterclaim, discount, abatement or demand. Any outstanding balance shall remain Client’s sole and absolute responsibility.
    3. Assignment or Delegation

      Client may not assign, delegate or transfer its rights or obligations under the Service Documents without Agility Credit’s written consent, which consent may not be unreasonably delayed or withheld, however, no such consent will be required by Agility Credit if such assignment or delegation is to an affiliate or successor-in-interest (by merger, acquisition, asset sale, or otherwise). Except as provided herein, any assignment or delegation without prior written consent from the other Party is null and void.

      In the event the Client changes its location or ownership, Client will notify Agility Credit in writing within ten (10) calendar days of such change.  In Agility Credit’s sole discretion, Agility Credit will determine if this Agreement may remain in force or voided without liability. In addition, Agility Credit will determine if re-credentialing and other requirements are needed to continue Services under this Agreement.

    4. No Third-Party Beneficiaries

      Nothing in the Service Documents shall be construed to create any rights or obligations except between the Parties hereto, and no person or entity shall be regarded as a third-party beneficiary under the Service Documents. Agility Credit and the Credit Bureaus shall be entitled to inspect and audit records and files of Client as it relates to the Services provided.

    5. Force Majeure

      Agility Credit will not be liable for delays in its performance or failure to perform in whole or in part of the terms of the Service Documents caused by the occurrence of any contingency beyond its control, including but not limited to, labor dispute, strike, labor shortage, shortage of supplies or materials, vendor issues, war or act of war, insurrection, sabotage, riot or civil commotion, act of a public enemy, epidemic, pandemic, lock down, accident, fire, Credit Bureau nonperformance, storm, earthquake, explosion, flood, drought or other act of God, act of any governmental authority, judicial action, equipment failure, outage or technical failure, electrical outage and any such delay or failure will not be considered a breach of the Service Documents.

    6. Severability

      The invalidity or unenforceability of any term or provision contained in the Service Documents shall not void or impair the remaining provisions hereof, which shall remain in full force and effect as if such invalid or unenforceable provision had never been contained herein.

    7. Construction and Headings

      In the event of an ambiguity or if a question of intent or interpretation arises, the Service Documents shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions. The section headings contained herein are for reference purposes only and shall not affect in any way the meaning or interpretation of the Service Documents.

    8. Entire Agreement

      The Service Documents constitutes and represents the entire agreement between Parties regarding the Services to be provided and supersedes and extinguishes all prior agreements, understandings, representations, warranties and arrangements of any nature, whether oral or written, but excludes any specifically drafted and agreed upon arrangement(s) by the Parties.

    9. Survival

      Notwithstanding anything herein to the contrary, sections 8, 9, 10, 11, 12 and shall survive after the termination of all the Service Documents.

II. EXHIBITS OF SPECIFIC COMPLIANCE AND CREDIT BUREAU TERMS AND REQUIREMENTS

  1. Definitions of Key Terms
    1. Credit Bureau and/or Credit Bureaus shall mean, individually or collectively, any of the three national credit reporting agencies (Equifax Information Services LLC, Transunion, Experian Information Solutions, Inc.).
    2. Credit Bureau Data means any Consumer Report and/or any other related consumer information received by Agility Credit and/or Client who has a permissible purpose for receiving such information in accordance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) including, without limitation, all amendments thereto (“FCRA”).
    3. Client shall refer to the signatory specifically identified on the Service Order Agreement (SOA), includes but not limited to its affiliates, subsidiaries and other business ventures, to receive services.
    4. Consumer Information refers to Consumer Reports and other non-public, personally identifiable consumer information obtained from the Credit Bureaus.
    5. Consumer Report shall have the meaning set forth in the Fair Credit Reporting Act (“FCRA”), 15 USC 1681(a)(d), as may be amended from time to time. For purposes of this Exhibit, the term Consumer Reports refers to those consumer reports, or any information derived therefrom including, but not limited to scores, obtained from any of the Credit Bureaus.
    6. Consumer Reporting Agency (“CRA”) shall have the meaning set forth in the FCRA, 15 USC 1681 (a)(f), as may be amended from time to time. As of the date of this Exhibit, the term “Consumer Reporting Agency” is defined in the FCRA as an entity which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part-in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
    7. Death Master File (DMF) is made available by the U.S. Department of Commerce National Technical Information Service (NTIS) and subject to regulations found at 15 CFR Part 1110. All users are required to comply with all applicable laws with respect to DMF data.
    8. Federal Fair Credit Reporting Act (FCRA) refers to the Federal Fair Credit Reporting Act, 15 USC 1681 et seq., as amended from time to time.
    9. Fair Isaac Corporation (FICO) formally referred to as Fair Isaac and Company and any of the FICO scoring models.
    10. Financial Modernization Act of 1999 (GLBA) refers to the Financial Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act or GLBA.
    11. Permissible Purpose - Agility Credit and the Client certify that any Consumer Reports or related Credit Bureau Data will only be used for a permissible purpose and used for no other purpose other than prescribed by the Fair Credit Reporting Act (FCRA).
    12. Services refers to, but not limited to, the services specified on the Agility Credit Service Order signed by the Client.
    13. Service Order Agreement (Service Order) references to, but not limited to, the Services agreed to by Client as indicated on the executed Service Order Agreement and other related documents.
    14. Subscriber Code is the code number (account number) assigned to Agility Credit and Client to access Credit Bureau Data and systems.
  2. General Requirements of Agility Credit and Client

    The following representations, certifications and warranties are in addition to and do not void or invalidate any of the representations and warranties of the MSA.

    1. Designate a contact

      Agility Credit will designate the primary contact for the Credit Bureaus as [Darrel Schulte at support@agilitycredit.com or +1(877)744-0777].

    2. Agility Credit and Client Certify
      1. Credit Bureau Data will be requested and used for a permissible purpose under Section 604 of the FCRA for the Consumer Reports.
      2. Agility Credit and Client are permitted to receive and use nonpublic personal information under Section (6802)(e) of the GLBA.
      3. Agility Credit and Client are permitted to receive and use nonpublic personal information under Section (6802)(e) of the GLBA for identification services that are sourced from Credit Bureaus and databases other than the Credit Bureaus .
      4. Client will permit Agility Credit and the Credit Bureaus to inspect and audit its records and files as it relates to the Services provided by Agility Credit and the Credit Bureaus.
      5. Client will not resell Credit Bureau Data.
    3. Unacceptable Business Types

      Client Certifies it is not doing business as one of the follow types of unacceptable business, nor will Agility Credit sell credit bureau data to any company in the following types of business:

      1. Bail Bond Enforcement or Bounty Hunters
      2. Internet people locator services
      3. Diet centers
      4. Adoption search firms
      5. Credit Repair companies or credit clinics
      6. Non-Credit Repair Organizations Act (CROA) For profit Credit Counseling
      7. Loan Modification Companies or debt settlement
      8. Investigative companies, including private investigators and detective agencies except those licensed for - and exclusively practicing, investigative work for employment purposes.
      9. Media agencies, news agencies or journalists
      10. Non-governmental agencies or businesses associated with the collection of child support
      11. Companies or individuals identified on Experian Customer Alert List
      12. Businesses operating out of a residence except where provided in policy
      13. Dating Services
      14. Asset Location Services
      15. Condominium/Homeowners Associations (unless acting as a tenant screener with proof of permissible purpose)
      16. Future services (i.e., health clubs, continuity clubs, etc.), except health clubs (spas) human resource departments for employment screening and Fraud Services for fraud detection purposes
      17. Country Clubs (except for employment screening)
      18. Timeshare (unless proof of credit extension is procured or fraud detection purposes)
      19. Companies involved and/or associated with inappropriate adult content web sites and/or adult-type telephone services and or adult entertainment service of any kind
      20. Any company or individual who is known to have been involved in credit fraud or other unethical business practices
      21. Any person or entity which Agility Credit knows, or suspects may be engaged in fraudulent or illegal activity, such as identity theft, harassment or stalking
      22. Any company or individual listed on the Departments of Commerce, State and the Treasury lists Export) website http://export.gov/ecr/eg_main_023148.asp
      23. For the sole purpose of Identifying and locating illegal immigrants or undocumented individuals unless presented with a court order, as permitted by law.
        1. Agility Credit shall require Client to maintain and provide documented evidence of such court order(s) for 12 months and provide to Experian upon request.
      24. Pawn shop
      25. Attorney or Law Firm engaged in the practice of law, unless engaged in collection or using the report in connection with a consumer bankruptcy pursuant to the written authorization of the consumer.
      26. Child location service (i.e. company that locates missing children)
      27. Financial counseling, except a registered securities broker dealer or a certified financial planner
      28. Foreign company or agency of a foreign government
      29. Genealogical or heir research firm
      30. Law enforcement agency
      31. Massage service
      32. Private detective, detective agency or investigative company
      33. Repossession company
      34. Subscriptions (magazines, book clubs, record clubs, etc.)
      35. Tattoo service
      36. Weapons dealer, seller or distributor

    4. Permissible Purpose

      Client certifies, represents and warrants to Agility Credit that it has a permissible purpose for obtaining Consumer Reports in accordance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) including, without limitation, all amendments thereto:

      1. As instructed by the consumer in writing. Pursuant to Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) Section 604(a)(2).
      2. For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer’s account. Pursuant to Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) Section 604(a)(3)(A).
      3. When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Pursuant to Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) Section 604(a)(3)(F)(i).

      Client will only use GLBA information for fraud prevention products.

      Client shall use the Consumer Reports only for (a) the permissible purpose as indicated on this MSA and as specified on the SOA (b) its exclusive use and (c) solely for its one time use and for the purpose(s) of (1) pre-screening applicants for credit; and/or (2) a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer. Client certifies that it will only request Consumer Reports for the permissible purpose(s) certified above and for Client’s exclusive authorized use. Client further certifies and agrees that all Consumer Reports requested will be held in strict confidence pursuit to section 12 of this Master Service Agreement, except to the extent that disclosure to others is required or permitted by applicable law. Only designated and authorized representatives of Client will request Consumer Reports on behalf of Client. Client shall prohibit its employees from obtaining Consumer Reports on themselves, associates or any other persons except in the exercise of their official duties. Client will not disclose information from Consumer Reports to the subject of the report or any third party except as permitted herein or required by law, but will refer the subject of the Consumer Report to the applicable Credit Bureau. Client agrees to implement appropriate procedures so that only employees with adequate training regarding the requirements of the FCRA and other applicable law have access to Consumer Reports.

    5. Proper Authorization from Consumer for Credit Report

      Client certifies, represents and warrants to Agility Credit that it will obtain authorization, written or verbal, from each person on whom a Consumer Report is ordered, prior to ordering a Consumer Report, and will maintain all such written or verbal authorizations on file, whether physical or electronic, for a period no less than sixty (60) months from the date the authorized credit report inquiry was processed per the terms of the Federal Equal Credit Opportunity Act (“ECOA”). Client shall dispose of such Consumer Reports in accordance with all applicable provisions of the FCRA and all other law and regulations. During the retention period, Client will make available to Agility Credit and/or Credit Bureaus, copies of any and all consumer credit authorizations or related purchase/sales agreements, if applicable, as may be requested from time to time.

    6. Death Master File (DMF)

      Death Master File (DMF) is made available by the U.S. Department of Commerce National Technical Information Service (NTIS) and subject to regulations found at 15 CFR Part 1110. All users are required to comply with all applicable laws with respect to DMF data. Client acknowledges that many services containing Credit Bureau information also contain information from the Death Master File as issued by the Social Security Administration (“DMF”); certify pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. § 1110.102 that, consistent with its applicable FCRA or GLB use of Credit Bureau information, the Client’s use of deceased flags or other indicia within the Credit Bureau information is restricted to legitimate fraud prevention or business purposes in compliance with applicable laws, rules regulations, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1); and certify that the client will not take any adverse action against any consumer without further investigation to verify the information from the deceased flags or other indicia within the Credit Bureau information.

    7. Client Compliance to Audit

      Client agrees that Agility Credit or representatives of the Credit Bureaus, upon reasonable notice, may conduct audits of Client’s compliance with the Service Documents, and Client agrees to provide reasonable cooperation in connection with such audits. Client further agrees to provide additional information and documentation as requested for required compliance certification. When conducting an investigation, particularly following a consumer complaint that Client impermissibly accessed their credit report, Agility Credit and/or the Credit Bureaus, in their sole discretion, may demand a copy of the original application signed by the consumer or, if applicable, a copy of the sales contract. Client certifies that it will not store, or allow a third-party service provider to store or have access to, Credit Bureau Data without first getting Credit Bureau written permission.

    8. Organizational Security and Risk Management

      Agility Credit will document and at least annually update its policies and procedures, as well as, security and compliance controls, in the following major categories to ensure the security of the Credit Bureau Data:

      1. Organizational / Corporate charts
      2. Document Employees Security Awareness Training
      3. Incident Responses Log
      4. Incident Response Plan
      5. Risk Management Program
      6. Secure Configuration Management
      7. Asset Management
      8. Access and Remote Access Control
      9. Encryption and Cryptography
      10. Network and Communications Security
      11. Vulnerability Management
      12. Monitoring and Logging
      13. Physical and Environmental Security Controls
      14. Data Classification, Handling, and Security
      15. Protection of Privacy Information
      16. Business Continuity and Disaster Recovery
      17. Employee Onboarding
      18. Employee Background Check
      19. Employee Credit Check
      20. Employee Security Awareness
      21. Insider Threat Investigation
      22. Where permitted by applicable law, Agility Credit may require a drug test for illegal substances be performed by a third party for applicants directly working with sensitive Credit Bureau Data and or systems
      23. Where permitted by applicable law, Agility Credit may require a criminal history screening for applicants directly working with sensitive Bureau Data and or systems
      24. Every Employee, Client and Client authorized signer will be Office of Foreign Assets Control Verification (OFAC) screened against the US Treasury Specially Designated Nationals and Blocked Persons list for compliance with all applicable US regulations/requirements. This list can be found at https://sdnsearch.ofac.treas.gov/ 
    9. Information Security Requirements

      The terms and conditions of this exhibit meets and/or exceeds the information security requirements of the three national credit reporting agencies (Equifax Information Services LLC, Transunion LLC, Experian Information Solutions, Inc.), where applicable, complies with the access of information requirements of the Federal Fair Credit Reporting Act and Gramm-Leach-Bliley Act for data privacy (FCRA and GLB 5A Data). In addition, this exhibit complies with the notification requirements prescribed by the California Consumer Credit Reporting Agencies Act and the Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999) § 2480e, as well as, the requirements of the Fair Isaac Company and affiliates (FICO).

      Click to open the requirement specifications for the Experian Security Requirements for FCRA and GLBA 5A Data (ASR).

      Client certifies that it shall implement and maintain a comprehensive information security program written in one or more readily accessible parts and that contains administrative, technical, and physical safeguards that are appropriate to the Client’s size and complexity, the nature and scope of its activities, and the sensitivity of the information provided to the client by Agility Credit; and that such safeguards shall include the elements set forth in 16 C.F.R. § 314.4 and shall be reasonably designed to (i) insure the security and confidentiality of the information provided by Agility Credit, (ii) protect against any anticipated threats or hazards to the security or integrity fo such information, and (iii) protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any consumer.

    10. Specific Access Control Requirements for – Agility Credit, Client and Third-Party
      1. All user credentials such as Subscriber Code number, Subscriber Code passwords, User names/identifiers (user IDs) and user passwords must be kept confidential and must not be disclosed to an unauthorized party.
      2. If using third party or proprietary system to access Credit Bureau’s systems, ensure that the access must be preceded by authenticating users to the application and/or system (e.g. application-based authentication, Active Directory, etc.) utilized for accessing Credit Bureau’s data/systems.
      3. If a third party or third-party software or proprietary system or software, used to access Credit Bureau Data or systems, is replaced or no longer in use, the passwords should be changed immediately.
      4. A unique user ID for each user is to be created to enable individual authentication and accountability for access to Credit Bureau infrastructure. Each user of the system access software must also have a unique logon password.
      5. User IDs and passwords shall only be assigned to authorized individuals based on least privilege necessary to perform job responsibilities.
      6. User IDs and passwords must not be shared, posted, or otherwise divulged in any manner.
      7. Develop strong passwords that are:
        1. Not easily guessable (i.e. your name or company name, repeating numbers and letters or consecutive numbers and letters)
        2. Contain a minimum of eight (8) alphabetic and numeric characters for standard user accounts
        3. For interactive sessions (i.e. non system-to-system) ensure that passwords/passwords are changed periodically (every 90 days is recommended)
      8. Passwords (e.g. subscriber code passwords, user password) must be changed immediately when:
        1. Any system access software is replaced by another system access software or is no longer used
        2. The hardware on which the software resides is upgraded, changed or disposed
        3. Any suspicion of password being disclosed to an unauthorized party (see section 4.3 for reporting requirements)
      9. Ensure that passwords are not transmitted, displayed or stored in clear text; protect all Agility Credit, Client and Third-Party (e.g. internal and external) passwords using, for example, encryption or a cryptographic hashing algorithm also known as “one-way” encryption. When using encryption, ensure that strong encryption algorithms are utilized (e.g. AES 256 or above).
      10. Implement password protected screensavers with a maximum fifteen (15) minute timeout to protect unattended workstations. Systems should be manually locked before being left unattended.
      11. Active logins to credit information systems must be configured with a 30-minute inactive session timeout.
      12. Ensure that personnel who have authorized access to credit information have a business need to access such information and understand these requirements to access such information are only for the permissible purposes listed in the Permissible Purpose Information section of the membership application.
      13. Agility Credit, Client and Third-Party must NOT install Peer-to-Peer file sharing software on systems used to access, transmit or store Credit Bureau Data.
      14. Ensure that Agility Credit, Client and Third-Party employees do not access their own credit reports or those reports of any family member(s) or friend(s) unless it is in connection with a credit transaction or for another permissible purpose.
      15. Implement and manage a process to terminate access rights immediately for users who access Credit Bureau Data or systems when those users are terminated or when they have a change in their job tasks and no longer require access to that credit information.
      16. Implement and manage a process to perform periodic user account reviews to validate whether access is needed as well as the privileges assigned.
      17. Implement and manage a process to periodically review user activities and account usage, ensure the user activities are consistent with the individual job responsibility, business need, and in line with contractual obligations.
      18. Implement and manage physical security controls to prevent unauthorized entry to Agility Credit, Client and Third-Party facility and access to systems used to obtain credit information. Ensure that access is controlled with badge readers, other systems, or devices including authorized lock and key.
      19. Client and Agility Credit certify that they will access, use and store Credit Bureau Data only within the territorial boundaries of the United States, Canada, and United States territories of Puerto Rico, Guam and the Virgin Islands.
    11. Network Security and Data/Information Security Standards
      1. On file and accessible to the Credit Bureaus upon request, Agility Credit will maintain an updated and comprehensive Information Security Policy and an Acceptable Use Policy. Agility Credit will install the necessary hardware and software to interface with Credit Bureaus. Agility Credit will use the high standards of network and data security which is consistent with regulatory, legal and industry standards and incorporates the standards of:
      2. ISO 27001/27002 standards of control
        1. Credit bureau information and data security requirements (Equifax, Experian and Transunion)
        2. Federal Finical Institute Examination Council - Information Technology Examination Handbook (FFIEC Examiners Guidelines)
        3. National Institute of Standards and Technology (NIST)
        4. Payment Card Industry Data Security Standard (PCI DSS)
        5. GLB Safeguard Rules
        6. FACTA Disposal Rules
      3. Agility Credit will maintain policies and procedures to address the following requirements:
        1. Wireless Security
        2. Network Security
        3. Firewall Management
        4. Use of Secure Protocols
        5. Prohibition of Split Tunneling
        6. Network Segmentation
      4. Agility Credit will keep current and maintain operating systems and infrastructure to industry best practices that include but not limited to: firewalls, routers, servers, personal computers (laptops and desktops) and all other systems current with appropriate patches that are no more than one version behind; as well as, updates, disabling unnecessary services or features, removing or changing default passwords, IDs and sample files/programs, while enabling the most secure configuration features to avoid unnecessary risks.

        In addition, Agility Credit and Client will follow current best security practices for computer virus detection scanning services and procedures:

        1. Use, implement and maintain a current, commercially available anti-virus software on all systems, if applicable anti-virus technology exists. Anti-virus software deployed must be capable to detect, remove, and protect against all known types malicious software such as viruses, worms, spyware, adware, Trojans, and root-kits.
        2. Ensure that all anti-virus software is current, actively running, and generating audit logs; ensure that anti-virus software is enabled for automatic updates and performs scans on a regular basis.
        3. If Agility Credit or Client suspects an actual or potential virus infecting a system, immediately cease accessing the system and do not resume the inquiry process until the virus has been eliminated.
      5. Agility Credit and Client will encrypt Credit Bureau Data above AES 256 when stored electronically on any system including but not limited to laptops, tablets, personal computers, servers and/or databases. When accessing Credit Bureau Data on devices such as smart tablets or smart phones the devices will be protected via a pass-code. Agility Credit and client accessing Credit Bureau Data via smart phones or smart tablets must protect data while in transmission such as SSL protection and/or use of VPN, etc. When no longer in use, electronic media containing Credit Bureau Data is rendered unrecoverable via a secure wipe program in accordance with industry-accepted standards for secure deletion, or otherwise physically destroying the media (for example, degaussing).
      6. Agility Credit and Client will build and maintain a Secure Network
        1. Administrative access to firewalls and servers must be performed through a secure internal wired connection only.
        2. Any stand-alone computers that directly access the Internet must have a desktop firewall deployed that is installed and configured to block unnecessary/unused ports, services, and network traffic.
        3. Change vendor defaults including but not limited to passwords, encryption keys, SNMP strings, and any other vendor defaults
        4. Fore wireless networks connected to or used for accessing or transmission of Credit Bureau Data, ensure that networks are configured and firmware on wireless deices updated to support strong encryption (for example IEEE 802.11i) for authentication and transmission over wireless networks.
        5. When using service providers (e.g software providers) to access Credit Bureau systems, access to third party tools/services must require multi-factor authentication
      7. Agility Credit and Client will regularly monitor and test networks
        1. Perform regular tests on information systems (port scanning, virus scanning, internal/external vulnerability scanning). Ensures that issues identified via testing are remediated according to the issue severity (e.g. fix critical issues immediately, high severity in 15 days, etc)
        2. Ensure that audit trails are enabled and active for systems and applications used to access, store, process, or transmit Credit Bureau Data; establish a process for linking all access to such systems and applications. Ensure that security policies and procedures are in place to review security logs on a daily or weekly basis and that follow-up to exceptions is required.
        3. Use current best practices to protect telecommunications systems and any computer system or network device(s) used to provide Services hereunder to access Credit Bureau systems and networks. These controls should be selected and implemented to reduce the risk of infiltration, hacking, access penetration or exposure to an unauthorized third party by;
          1. protecting against intrusions;
          2. securing the computer systems and network devices;
          3. and protecting against intrusions of operating systems or software.
      8. Agility Credit will maintain policies and procedures to address the following physical and environmental security concerns:
        1. Physical Access Restrictions
        2. Visitor Access Requirements
        3. CCTV Monitoring
        4. CCTV Video Retention
        5. CCTV logs must be maintained for 90 days online and 1 year archived.
        6. Clean Desk / Clear Screen
        7. Climate Control System Monitoring
        8. Heat, Smoke, Fluid, Water Detection
        9. Fire Suppression
        10. Generator and Uninterruptable Power Supplies (UPS) Visitors must be escorted at all times where Information Assets are processed, stored, or transmitted.
    12. Mobile and Cloud Technology

      Client and Agility Credit will not store Credit Bureau Data on mobile devices. Any exceptions will be obtained from the specifically effected Credit Bureau.     

      When using a mobile application and cloud technology, whether together or separately, to deliver Credit Bureau information directly to the consumer, the following requirements apply:

      1. Storing Experian data on mobile devices is prohibited. Any exceptions must be obtained from Experian in writing; additional security requirements will apply.
      2. Mobile applications development must follow industry known secure software development standard practices such as OWASP and OWASP Mobile Security Project adhering to common controls and addressing top risks.
      3. Mobile applications development processes must follow secure software assessment methodology which includes appropriate application security testing (for example: static, dynamic analysis, penetration testing) and ensuring vulnerabilities are remediated in accordance with Experian’s requirements.
      4. Mobility solution server/system should be hardened in accordance with industry and vendor best practices such as Center for Internet Security (CIS) benchmarks, NIS, NSA, DISA and/or other.
      5. Mobile applications and data shall be hosted on devices through a secure container separate from any personal applications and data. See details below. Under no circumstances is Experian data to be exchanged between secured and non-secured applications on the mobile device.
      6. In case of non-consumer access, that is, commercial/business-to-business (B2B) users accessing Experian data via mobile applications (internally developed or using a third-party application), ensure that multi-factor authentication and/or adaptive/risk-based authentication mechanisms are utilized to authenticate users to application.
      7. When using cloud providers to access, transmit, store, or process Experian data ensure that:
        1. Appropriate due diligence is conducted to maintain compliance with applicable laws and regulations and contractual obligations
        2. Cloud providers must have gone through independent audits and are compliant with one or more of the following standards, or a current equivalent as approved/recognized by Experian:
          1. ISO 27001
          2. PCI DSS
          3. SSAE 16 – SOC 2 Type II or SOC3
          4. FISMA
          5. CAI / CCM assessment
        3. Compliance with Experian’s Reseller Security Policy, Attachment 2 is maintained regarding cloud providers’ user security practices.
        4. When using third party service providers to access, transmit, or store Credit Bureau data, additional documentation may be required by the Credit Bureau.

    II. Data Breach

    If it is believed that Credit Bureau Data is compromised, the specific Credit Bureau will be notified within twenty-four (24) hours or as otherwise required per contractual agreement and the proper notification procedure shall be followed by Agility Credit according the effected Credit Bureau’s reseller guidelines.

    III. Regulatory Monitor and Test Networks

    Per Agility Credit’s Information Security Policy, Agility Credit will perform regular tests on information systems (port scanning, virus scanning, internal/external vulnerability scanning). Ensure that issues identified via testing are remediated according to the issue severity (e.g. fix critical issues immediately, high severity in 15 days, etc.). Logs will be maintained for 90 days online and 1 year archived.

    Audit trails will be enabled and active for systems and applications used to access, store, process, or transmit Credit Bureau Data establish a process for linking all access to such systems and applications.

    Use current best practices to protect telecommunications systems and any computer system or network device(s) used to provide Services hereunder to access Credit Bureau systems and networks. These controls should be selected and implemented to reduce the risk of infiltration, hacking, access penetration or exposure to an unauthorized third party by:

    1. Protecting against intrusions
    2. Securing the computer systems and network devices
    3. Protecting against intrusions of operating systems or software.
  1. Regulatory Required Compliance Terms and Conditions
    1. FCRA Compliance

      As a user of Consumer Reports, Agility Credit and Client will comply with all applicable FCRA regulations currently in effect which can be currently found at the Consumer Financial Protection Bureau’s website https://www.consumerfinance.gov/learnmore.

    2. California Consumer Credit Reporting Agencies Act
    3. Vermont Fair Credit Reporting 9 V.S.A. 2480 (1999)
  2. Credit Bureau Specific Requirements
    1. FICO® Scoring Certifications
    2. Terms Applicable to FICO® Scores Additional
    3. FICO® Risk Score, Classic, V8, V8F, Auto Score, v5 F - is a credit scoring service
    4. ACROFILE and ACROFILE Plus – Are the Core Consumer reports from the Equifax
    5. VantageScore Requirements
  3. Product Specific Requirements

    The terms set forth hereunder are only applicable to Clients with the subscribed products and or services as agreed to in the SOA.

    1. Equifax MLA Covered Borrower Status
    2. Credit Bureau Identity and Fraud Services
    3. Requirements for Equifax Identity Scan Service
    4. Requirements for Equifax Synthetic ID Fraud Alert
    5. Terms Applicable to OFAC Alert
    6. Precise ID
    7. Prequalification Requirements, Terms and Conditions