REPUBLIC IS THE SOLE OWNER OF THE
FINANCIAL PRODUCTS MADE UNDER THE PROGRAM.
5.
RAL ELIGIBILITY.
The parties agree that only those Jackson Hewitt Tax Service customers that
apply for a Financial Product from Republic ("Applicants") whose federal income
tax returns are filed electronically and such return sets forth an anticipated
federal income tax refund shall be eligible to receive a RAL. An Applicant who
meets the foregoing requirements shall nevertheless be subject to underwriting
criteria developed by Republic.
6.
JHI'S OBLIGATIONS AND PROCEDURES.
JHI AGREES, IN CONNECTION WITH THE OPERATION OF THE PROGRAM, TO: (I) CONDUCT
SUCH ADVERTISING; (II) PREPARE FORMS AND OTHER WRITTEN MATERIALS; (III) CAUSE
ITS EROS TO BE EQUIPPED WITH COMPUTER EQUIPMENT AND HARDWARE; (IV) MAINTAIN
PERSONNEL; (V) TRAIN SUCH PERSONNEL AND EROS WITH RESPECT TO THE PROGRAM
GUIDELINES (AS DEFINED IN SECTION 7.7); AND (VI) TAKE SUCH OTHER ACTIONS, IN
EACH CASE AS REASONABLY NECESSARY TO ADVERTISE AND ACCOMMODATE THE FACILITATION
OF FINANCIAL PRODUCTS TO APPLICANTS AT ITS EXPENSE, AS WELL AS THE FOLLOWING
SPECIFIC DUTIES:
6.1.
[*].
6.2.
PREPARATION AND FILING OF RETURNS. JHI SHALL
REQUIRE EROS PARTICIPATING IN THE PROGRAM TO PREPARE AND/OR COLLECT AND FILE
WITH THE APPROPRIATE TAXING AUTHORITIES FEDERAL AND STATE INCOME TAX RETURNS FOR
CUSTOMERS.
5
6.3.
APPLICATION PROCESS. JHI SHALL REQUIRE
PARTICIPATING EROS TO REQUIRE THAT EACH APPLICANT (I) COMPLETE AND SIGN AN
APPLICATION IN A FORM DEVELOPED BY REPUBLIC AND REVIEWED BY JHI PRIOR TO EACH
TAX SEASON (THE "APPLICATION"), WHICH APPLICATION MAY ALSO INCLUDE A LOAN
AGREEMENT (THE "LOAN AGREEMENT") AND A DISCLOSURE STATEMENT MEETING THE
REQUIREMENTS OF THE FEDERAL TRUTH-IN-LENDING ACT (THE "DISCLOSURE STATEMENT"),
AND (II) IS GIVEN A COPY OF ANY AND ALL DISCLOSURES REQUIRED TO BE PROVIDED
PURSUANT TO APPLICABLE STATE OR LOCAL LAW ("STATE DISCLOSURE DOCUMENTS"). THE
APPLICATION SHALL INCLUDE, AMONG OTHER THINGS, A REQUEST FOR CERTAIN INFORMATION
AND CERTIFICATIONS, AS WELL AS AN AUTHORIZATION, SIGNED BY THE CUSTOMER, TO (A)
USE THE TAX RETURN INFORMATION FOR THE APPLICATION PROCESS IN ACCORDANCE WITH
SECTION 301.7216-3(B) OF THE U.S. TREASURY DEPARTMENT REGULATIONS AND (B) ALLOW
REPUBLIC TO REPAY ANY DELINQUENT RAL OR MONEY NOW LOAN WITH THE PROCEEDS OF THE
FINANCIAL PRODUCT OBTAINED PURSUANT TO THE APPLICATION. PARTICIPATING EROS SHALL
BE RESPONSIBLE, PURSUANT TO THE TERMS OF THE REPUBLIC FINANCIAL PRODUCT
AGREEMENT, FOR ENSURING THAT THE APPLICATION IS COMPLETE AND ACCURATELY REFLECTS
ALL MATERIAL INFORMATION RECEIVED FROM THE CUSTOMER, INCLUDING SOCIAL SECURITY
NUMBER(S); PROVIDED, HOWEVER, IF THE ERO USES COMMERCIALLY REASONABLE DUE
DILIGENCE AND FRAUD PREVENTION MEASURES IN ACCORDANCE WITH THE PROGRAM
GUIDELINES, NEITHER JHI NOR THE ERO SHALL BE HELD RESPONSIBLE FOR FALSE OR
INACCURATE INFORMATION PROVIDED BY CUSTOMERS.
6.4.
COMPLETION OF IRS FORM 8453. IN CONNECTION
WITH EACH APPLICATION, JHI SHALL REQUIRE EACH PARTICIPATING ERO TO COMPLETE IRS
FORM 8453 AND THE DIRECT DEPOSIT DESIGNATION IN THE ELECTRONIC PORTION OF THE
APPLICANT'S FEDERAL (AND STATE, IF APPLICABLE) INCOME TAX RETURN WHICH SHALL
INCLUDE INFORMATION PROVIDED BY REPUBLIC (SUCH AS THE APPLICABLE REPUBLIC CHECK
ROUTING NUMBER AND CUSTOMER ACCOUNT NUMBER) AND