FUNDED STATE AR FROM SUCH OTHER FINANCIAL
INSTITUTION. FOR PURPOSES OF THIS DEFINITION, JOINT BORROWERS OR JOINT
RECIPIENTS OF SUCH A FINANCIAL PRODUCT SHALL CONSTITUTE ONE "CUSTOMER" AND A
CUSTOMER THAT RECEIVES BOTH A RAL OR FUNDED FEDERAL AR AND A FUNDED STATE AR
SHALL COUNT AS TWO "CUSTOMERS".
(d)
"Financial Product" shall mean any product
offered by Republic under the Program, including, without limitation, a RAL,
Money Now Loan, Federal or state AR, and any similar or modified product offered
from time to time, or other product agreed to by the parties in accordance with
Section 1.4 hereof.
(e)
"Money Now Loan" means a loan by Republic
to a Customer based upon, among other things, the Customer's anticipated Federal
income tax return refund (as identified in IRS Form 8453 or similar form), with
proceeds of such loan available on the same day the loan is approved by
Republic, offered during a Tax Season.
(F)
"REFUND ANTICIPATION LOAN" OR "RAL" SHALL
MEAN A LOAN TO A CUSTOMER BASED UPON, AMONG OTHER THINGS, THE CUSTOMER'S
ANTICIPATED FEDERAL INCOME TAX RETURN REFUND (AS IDENTIFIED IN IRS FORM 8453 OR
SIMILAR FORM), SUBJECT TO ANY LIMITATIONS THAT MAY BE IMPOSED THEREON DUE TO THE
APPLICATION OF CERTAIN UNDERWRITING CRITERIA OR OTHER FACTORS.
(G)
[*]
(H)
"TAX SEASON" SHALL MEAN THE PERIOD BEGINNING
ON JANUARY 2 OF A CALENDAR YEAR AND ENDING ON THE LAST DAY AN INDIVIDUAL IS
PERMITTED TO FILE A FEDERAL INCOME TAX RETURN WITH THE INTERNAL REVENUE SERVICES
("IRS") WITHOUT THE TAXPAYER REQUESTING AN EXTENSION, TYPICALLY APRIL 15 OF SUCH
CALENDAR YEAR.
1.2.
THE SERVICES. IN ADVANCE OF EACH TAX SEASON
DURING THE TERM (AS DEFINED IN SECTION 5.1), JHTSL AND REPUBLIC SHALL MUTUALLY
AGREE ON THE TECHNOLOGY NEEDS RELATED TO THE PROGRAM FOR EACH TAX SEASON (OR
OTHER RELATED PERIOD), INCLUDING SYSTEMS AND SOFTWARE MODIFICATION,
INCORPORATION AND IMPLEMENTATION OF SPECIFICATIONS IN, AND THE COORDINATION OF
SYSTEMS BETWEEN, PROFILER®, THE JACKSON HEWITT TAX SERVICE ELECTRONIC FILING
SOFTWARE PROGRAM AND THE RELATED SYSTEMS AND SERVERS ("PROFILER") AND REPUBLIC'S
SYSTEMS (COLLECTIVELY, THE "SERVICES"). JHTSL AGREES THAT IT SHALL PROVIDE THE
AGREED UPON SERVICES. JHTSL SHALL PROVIDE ADDITIONAL TECHNOLOGY SERVICES UPON
THE TERMS AND CONDITIONS TO BE AGREED IN WRITING WITH REPUBLIC. THIS AGREEMENT
APPLIES TO THE SERVICES SET FORTH HEREIN TO BE PERFORMED IN CONNECTION WITH THE
FACILITATION OF FINANCIAL PRODUCTS BY JACKSON HEWITT TAX SERVICE LOCATIONS
DURING THE TAX SEASON.
2
[*] designates portions of this document that have been omitted pursuant to a
request for confidential treatment filed separately with the Securities and
Exchange Commission.
1.3.
DELIVERABLES. IN ADVANCE OF EACH TAX SEASON,
JHTSL AND REPUBLIC SHALL AGREE IN WRITING AS TO THE DELIVERABLES REQUIRED UNDER
THIS AGREEMENT FOR THE RELEVANT TAX SEASON (OR OTHER RELATED PERIOD) AND THE
TIMELINE OF THE REQUIRED DELIVERABLES. AS USED HEREIN, "DELIVERABLES" SHALL
INCLUDE, BUT NOT BE LIMITED TO, ALL OBLIGATIONS AND PROCEDURES REQUIRED OF BOTH
PARTIES IN THIS AGREEMENT. THE PARTIES AGREE THAT THEY SHALL PROVIDE THE
AGREED-UPON DELIVERABLES. IN THE EVENT