Becart.ba

Operating Regulations

For

Becart.ba

THESE OPERATING REGULATIONS for Becart.ba ("Operating Regulations") and the other portions of the Agreement govern the activities of Supplier, being a business entity that enters into a Supplier Agreement with Becart.ba ("Becart") and offers its products and services for resale on Becart's website. Supplier may be referred to as "You" or "Your" in these Operating Regulations as a participant in Becart's program as described in the Agreement.

1. INCORPORATION INTO THE SUPPLIER AGREEMENT AND EFFECTIVE DATE:
   
   These Operating Regulations and all of Becart's website policies and statements are incorporated into and made a part of the Supplier Agreement ("Agreement").
   
   These Operating Regulations are effective and binding upon Supplier and Becart upon the date the Agreement becomes effective, as described therein.
   
   Any capitalized terms herein that are not defined in these Operating Regulations shall have the meaning attributed to the term in the Agreement. Becart may amend these Operating Regulations at any time upon posting the amendments on Becart's website.
   
   Any amendment shall become effective upon such posting.
   
   If practical, Becart will provide advance notice to Supplier of an amendment and post such advance notice on Becart's website.
   
   Regardless of whether or not notice is provided, Supplier's continued sale of Products to Becart subsequent to such posting shall constitute acceptance of the amendments.
2. QUESTIONS ON ACCOUNT:
   
   For questions regarding your Account, please send us mail to info@becart.ba
3. NOTICE AND FEES FOR CHANGES:
   
   Supplier must notify Becart immediately of any changes Supplier intends to make in any of the following:
   • Products offered for sale
   • Shipping Policy
   • Return Policy
   • Primary Contact Information
   • Web address
   • URL or Domain Name

Such notice must be provided at least ten (10) days in advance of any change.

Should the proposed change result in a breach of the Agreement, Becart may, at its discretion, suspend activity on the applicable Account or Additional Account until the breach is cured, or terminate the Agreement.

Any Additional Accounts established by Supplier must be to a functional URL, owned by the Supplier.

If Supplier establishes a new or additional URL and uses the URL for Becart to resell Supplier's Products, the fees set forth in Schedule A, Operating Regulations Fee Schedule ("Fee Schedule") shall be applicable for each new or additional URL.

1. SALE OF GOODS:
   
   If Supplier registers Products for inclusion in the Shopping Center, Becart may purchase such Products for resale to Customers. Only those Products of Supplier that have been validly registered with Becart in Becart's product database may be advertised and sold on Becart's Shopping Center or presented to Becart for resale to Customers.
   
   Becart shall not be restricted by Supplier as to the price charged to Customers for the resale of Products purchased from Supplier. Where applicable, Becart may collect from the Customer and remit to the appropriate governmental agency an amount for sales, use, or other similar taxes.
2. CUSTOMER ASSISTANCE:
   
   Supplier shall at all times respond promptly to inquiries from Becart on behalf of Customers or from Customers directly, and shall endeavor to resolve disputes with said Customer.
   
   In the event a Customer contacts Supplier directly, Supplier shall immediately notify Becart and provide Becart with information requested by Becart regarding such direct Customer contact.
   
   Supplier shall be responsible, at Supplier's expense, to monitor and resolve issues related to its Becart Account. Failure to do so shall be deemed to be a breach of Supplier's obligations under the Agreement.
   
   Becart may charge Supplier reasonable fees and recover its expenses related to Customer inquiries, Returns, or Refunds.
   
   In the event Becart participates in an attempt to resolve an issue with a Customer, Becart will notify Supplier of the details and nature of the issue and use commercially reasonable efforts in an attempt to find a solution that is acceptable to all parties to a Transaction.
   
   In any direct contact with Customers, Supplier shall at all times, act in a professional and courteous manner. At no time will Supplier conduct an inappropriate communication with the Customer. Inappropriate communications include, without limitation, threats of any nature, harassment or attempts at extortion. Such inappropriate communication shall be deemed to be a material breach of the Agreement.
   
   In addition to the other remedies Becart has for Supplier's breach of its obligations, including without limitation the suspension of an Account or termination of the Agreement, Becart may assess a charge of $100.00 as partial reimbursement for costs incurred by Becart in resolving an issue with a Customer resulting from inappropriate communication by Supplier.
   
   Supplier shall indemnify and hold Becart harmless from any, costs expenses or damages claimed by a Customer as a result of Supplier's inappropriate communications.
3. REVERSAL OF CUSTOMER TRANSACTIONS:
   
   Cancellations:
   
   A "Cancellation" occurs when Customer, Supplier or Becart voids an order for a withdrawal of funds from a Customer's Card account or bank account before a sale is sent for deposit. Becart will not collect a deposit from the Customer and the previously authorized funds will be released at the Card issuing bank's discretion. Becart will not assess nor collect a Transaction Fee from Supplier.
   
   After a sale is sent for deposit, any attempt to reimburse the cost of a Product to a Customer constitutes a Refund and shall be dealt with as set forth below.
   
   Returns:
   
   A return occurs when a Customer returns Products previously purchased from Becart ("Return").
   
   Supplier shall accept Returns of products and agree to provide Refunds through Becart for Customers who initiate a Return or a Bank Assisted Dispute, as defined below, that Becart has approved, either with Becart, the entity whose brand appears on the Card ("Card Association"), the Card issuing bank, or the depository bank (in the case of electronic check payment).
   
   Supplier shall have a policy with regard to the return or cancellation of Products ("Supplier's Return Policy"). Supplier's Return Policy shall be clear, complete and accurate, prominently posted on its billing screen and available for review by a Customer prior to the Customer being obligated for a purchase of Products of Supplier.
   
   Unless otherwise agreed upon with Becart in advance, Supplier's Return Policy shall, at a minimum, indicate that Supplier will not reduce the amount of a Refund by the assessment of a "restocking fee" or any other charge (including shipping charges) for any Return that occurs in accordance with Supplier's Return Policy, or for any Refund that is initiated by Becart.
   
   Refunds:
   
   A refund is the actual reimbursement of the cost of a Product to a Customer regardless of the basis for the reimbursement ("Refund"). Becart accomplishes the Refund by reversing the amount previously charged to the Customer's Card or account at the Card issuing bank and the appropriate amount is credited to the appropriate Card or account at the Card issuing bank of Customer.
   
   Becart may issue a Refund without the prior knowledge or consent of Supplier in any case Becart deems it appropriate. Becart will promptly notify Supplier of any Refund and provide Supplier with information regarding the basis for Becart's determination to issue the Refund.
   
   Supplier's Account will be debited by Becart in an appropriate amount for all Refunds, regardless of the basis for the Refund.
   
   In the event of a Return or Refund, Supplier agrees to indemnify and hold Becart harmless from liability and, further, Supplier agrees to immediately pay Becart an amount equal to all funds Becart has paid to Customer on behalf of Supplier.
   
   Bank Assisted Disputes:
   
   Becart, as a merchant for various card associations, is subject to obligations which entitle the Card issuing bank to assess a charge or fee for handling bank assisted Refund activity. Becart may, in turn, assess a fee to Supplier to cover Becart's additional expenses which result from bank assisted Refund activity. Such charges are called Dispute Charges and can be found under the Dispute Charges category of Schedule A.
   
   A Bank Assisted Dispute occurs when the Customer or the Card issuing bank disputes the validity of a purchase of Products from Becart as the card association merchant, or the Card issuing bank initiates a reversal of the purchase, providing the Customer with a credit for the full amount of the Product purchased from Becart ("Bank Assisted Dispute").
   
   In the event multiple Products are purchased as part of a single transaction, the Customer or the Card issuing bank may initiate a Bank Assisted Dispute for less than all of the Products purchased and the credit granted to the Customer will only be in the amount of the Products for which the Bank Assisted Dispute was initiated.
4. LIMITATIONS ON PRODUCTS AND SERVICES OFFERED FOR RESALE:
   
   Right to Prohibit Certain Sales/Registrations:
   
   Becart may prohibit the registration and/or sale of certain products and services ("Prohibited Products"). Becart may change the list of Prohibited Products from time to time, in its discretion, without notice to or the consent of Supplier. Becart shall have no liability or obligation to Supplier for a change in the Prohibited Products listings, even if the addition of a Product to the Prohibited Products list eliminates all Products that Supplier offers for sale. For a complete and up-to-date listing of Prohibited Products please go to the following link (http://www.Becart.ba/products.htm).
   
   Supplier's Duty to Comply:
   
   Supplier shall not offer Prohibited Products for sale. If Supplier is offering Products for sale that become included on the Prohibited Products list, Supplier shall cease to offer such Products for sale within two (2) calendar days after the Product is added to the Prohibited Products list and the revised Prohibited Products list is posted on Becart's website. Failure to comply within two (2) calendar days from such warning may result in suspension of activity on the Account or Additional Account, the Account or Additional Account being closed and the potential forfeiture of Purchase Payments (as hereinafter defined) on the offending Transaction(s), in Becart's sole discretion. Provided, however, if in Becart's sole discretion, the Products being offered are such that they should be immediately withdrawn from sale by Supplier, Becart may immediately suspend activity on the Account of Supplier, without notice and opportunity to cure. At the discretion of Becart, such suspension may continue indefinitely, or result in a permanent suspension of Supplier, the termination of the Agreement and the forfeiture of the right to a disbursement of funds for completed sales of Prohibited Products.
5. COMPLIANCE WITH MERCHANT OBLIGATIONS:
   
   As a merchant for various card associations (i.e., VISA, MasterCard, American Express, Discover, JCB and Diner's Club), Becart has obligations it must fulfill to protect its ability to participate as a merchant in those card associations.
   
   Becart does not confer card association merchant status upon Supplier. Becart is the card association merchant and acts as an authorized retail sales outlet for Supplier. Supplier shall not conduct itself in a manner that will endanger Becart's merchant status, including without limitation, misrepresenting the relationship between Becart and Supplier. It is important to the card associations, and to Becart's status as a card association merchant, that the relationship between Supplier and Becart is not misrepresented. Supplier shall represent Becart as an authorized retailer or out-sourced vendor solution and not as a "credit card processor" or a payment gateway." Language must be included in Supplier's web site that clearly and correctly describes Becart's Status.
   
   Acceptable terminology to describe Becart is:
   
   Becart.ba is an authorized retailer of
   
   Becart.ba is the exclusive authorized retailer of goods and services provided by
   
   Supplier shall not refer to Becart at any time as a "Credit Card Processor", or "A Third Party Processor", or "A Payment Gateway."
   
   Similar restrictions on the manner in which Becart is described apply for any buttons or links to Becart contained on Supplier's web site and Supplier shall comply with the restrictions.
   
   Acceptable terminology for buttons or links to Becart is:
   
   "Add to Cart"
   "Buy Now"
   "Buy from Becart"
   
   Unacceptable terminology to link to Becart includes phrases like:
   
   "Click Here to Pay"
   "Process Payment Now"
   
   
   
   Except for those Suppliers that maintain their own card association merchant membership (and then only for those card associations where such membership is maintained), Supplier's web site may display card association related materials such as trademarks, service marks, logos and other protected items belonging to the card associations only if it is clearly stated that Becart is the Supplier's retailer and Becart, not Supplier, is the card association merchant..
   
   By presenting any product to Becart for sale the Suppliers agree that Becart is an authorized retailer of that product and therefore may include any and all product information or representation on Becart's websites and any other marketing channels or sites populated by Becart.
   
   
   
6. PROHIBITED ACTIVITIES:
   
   In addition to prohibitions which may be found elsewhere in the Agreement, including without limitation, these Operating Regulations, Supplier shall not allow or conduct any of the following listed activities. If Becart ascertains that Supplier is allowing or conducting any of the following listed activities, the Account will be immediately suspended and funds for completed sales of products or services to Becart will be withheld from Supplier pursuant to Section 13:
   
   Virtual Terminal Activity (i.e. Self-Keying):
   
   Allowing a third party to directly key in Card or bank account information related to a transaction involving Becart via the Internet.
   
   Unsolicited Electronic Messaging:
   
   Generating unsolicited electronic messages to Customers which constitutes SPAM. For the purposes of the Agreement the term "SPAM" means an unsolicited commercial electronic communication to a Customer, or commercial electronic communications sent to a Customer after the Customer has revoked authorization for the sender. SPAM includes, without limitation:
   
   Instant Messaging
   Unwelcome email
   Newsgroup cross-postings
   Windows that spawn new windows
   Windows which resist closure
   
   Sale of Prohibited or Restricted Products:
   
   The sale or advertisement of Products that are classified by Becart as Prohibited Products.
   
   The sale or advertisement of Products that are classified by Becart as Restricted Products in a manner different than approved by Becart.
   
   Sale from any Website Other than Registered Website:
   
   Presenting any sales information to Becart for processing from a website other than the website registered on the Supplier's Account. Additional Accounts should be purchased for each website.
   
   Use of Personal Information Regarding a Customer:
   
   The use of personal information regarding a Customer for anything other than as necessary to complete the resale of a Product by Becart to a Customer, or to conduct customer assistance requested by the Customer.
   
   Presenting Sales Information Prior to Shipment:
   
   Presenting any sales information to Becart for processing which relates to the sale of Products for future delivery.
   
   Relying on any proceeds or credit resulting from a Transaction to purchase or furnish Products.
   
   Supplier is expected to maintain a ready inventory of the Products it offers for sale to Becart, or promptly notify Becart that an order will not be fulfilled in a timely manner.
   
   Prematurely Marking Products as Shipped to Customer:
   
   Notifying Becart that a Product has been shipped to a Customer prior to shipment having occurred.
   
   Other Electronic Activities:
   
   Using the Services or access to Becart's website or Customers for any purpose other than that for which Becart's website and Services are intended, including without limitation phishing, pharming, hacking, tampering, modifying or otherwise corrupting the security or functionality of the Services.
   
   Illegal Activities:
   
   The sale, lease, other transfer, or possession of Products to a Customer when such sale, lease, other transfer or possession violates the law.
7. CUSTOMER INCENTIVE PROGRAMS:
   
   Becart may elect to offer an incentive program to Customers under which Becart will allow the offer of discounts, coupons, or other types of incentives to Customers for the purchase of Products ("Customer Incentive Program"). Any Supplier that desires to participate in a Customer Incentive Program must advise Becart of Supplier's desire to participate and enter into a separate agreement with Becart regarding such Customer Incentive Program.
8. FEES AND CHARGES:
   
   All fees and charges are in United States Dollars ("USD").
   
   Fee Schedule:
   
   All fees and charges are listed on the Fee Schedule.
   
   Account Establishment:
   
   The Fees to open an Account or an Additional Account are set forth on the Fee Schedule under the Account Establishment Fees category. Additional Account(s) may only be opened after the Account is established and an Account Establishment Fee is due for each Additional Account that is opened.
   
   Each Additional Account Supplier opens will be placed in and become subject to the New Accounts Verification process of Becart.
   
   Once sales occur on an Account or an Additional Account, the URL is locked to that Account or Additional Account. If the Supplier wishes to Change the URL for that Account or Additional Account, a fee will be charged in accordance with the Changes category on the Fee Schedule.
   
   All of the fees described above are immediately due and payable upon demand by Becart.
   
   Transaction Fees:
   
   All Transactions are processed using Becart's SSL encryption network and any other processes made available through its merchant service provider. Payment will be initiated via the secure payment processes.
   
   A "Transaction" occurs when a Customer purchases from Becart a Product of Supplier which has been authorized for resale (i.e., registered in Becart's product database); a Customer obtains a Refund of the purchase price for a Product previously purchased as a result of a Return or a Bank Assisted Dispute; or a Customer exchanges a Product previously purchased.
   
   The Transaction Fees are as described under the Transaction Fees category on the Fee Schedule.
   
   Becart may, in its sole discretion, assess a higher Transaction Fee for certain Products offered by Supplier to Becart for resale to Customers if Becart determines that the resale of any Product(s) creates a potential or actual financial or reputational risk to Becart, such as those Products which constitute Restricted Products.
   
   The Transaction Fees shall be deducted from the proceeds received by Becart for the resale of the Product prior to payment of any funds to Supplier.
   
   Dispute Charges:
   
   A "Dispute" occurs when Customer or the Card issuing bank disputes the validity of a purchase of a Product from Becart and initiates a Bank Assisted Dispute against Becart.
   
   In addition to the obligation to fully refund the purchase price paid by Becart if the Dispute results in a Refund, Suppliers may be assessed a Dispute Charge in accordance with the Dispute Charge category on the Fee Schedule.
   
   Supplier shall pay all Dispute Charges upon demand by Becart via a debit to the Account.
   
   Becart's determination as to whether or not Dispute Charges are to be assessed to the Supplier will be based, in part, upon the "reason codes" selected by the card issuing bank. The "reason codes" have been established by card associations as the basis for a Customer to dispute the validity of a transaction when a credit or debit card is used to purchase goods or services.
   
   Fraud prevention is an important service provided by Becart to its Suppliers. Fees or charges to Becart related to a Transaction will not be passed through to Supplier if such charges result from fraudulent activity not participated in by Supplier. In addition to active participation in fraudulent activity, Supplier will be deemed to have participated in fraudulent activity if Becart classifies a Transaction as fraudulent, the Transaction is reinstated at the request of Supplier and the Transaction subsequently becomes disputed by the Card issuing bank.
   
   Fees or charges to Becart related to a Transaction which result from service related issues (i.e. failure to accurately advertise its Products), may result in charges to the Supplier. As described in the Dispute Charges category of the Fee Schedule.
   
   Supplier Error Fees:
   
   A Supplier Error occurs when any of the following events take place:
   
   Return Wire
   ACH Pass Through
   ACH Return
   Check Stop Payment
   
   Fees for each of these items, per occurrence, will be as described in the Fee Schedule under the category Supplier Error Fees.
   
   Becart may change the amounts indicated herein, at its sole discretion, without prior notice to Supplier. Supplier agrees to pay all Wire Transfer Fees in effect at the time Supplier initiates a wire transfer.
   
   Change in Fees:
   
   Becart may change any or all of the fees and charges, or add new fees and charges, with reasonable advance notice of such changes to Supplier via posting the changes on Becart's website. Provided, however, if third party charges are included in, or the basis for, a charge to Supplier and the third party changes those charges, Becart will provide notice to Supplier if Becart receives notice from the third party in advance of the effective date of such third party increases. Provided, further, that Becart may charge such increases to Supplier upon the effective date of the third party increase, regardless of whether or not Becart provides notice to Supplier.
9. PAY PERIODS AND PAYMENT SCHEDULES:
   
   Standard pay Periods:
   
   A standard pay period is one week in length, commencing at 12:00 p.m. (Noon) on Wednesday and ending immediately prior to 12 p.m. on the following Wednesday ("Payment Cycle"). Payments due to Supplier, consisting of the sum of the deposits received for the prices charged by Becart for all Transactions less all fees and charges due Becart ("Purchase Payment") will be paid each Thursday.
   
   Delay in Payment:
   
   Purchase Payments may be delayed by Becart while Becart verifies certain aspects of any Transaction, including without limitation, proof of shipment of the Product ("Verification Processes"). Verification Processes will be established by Becart and may be modified in Becart's discretion to ensure the quality of products and services provided by Supplier.
   
   In the event Becart, in its discretion, determines that there is a need for an investigation and analysis regarding fraud or violation of law relating to the transactions performed on behalf of Supplier, Becart may withhold payment of Purchase Payments to Supplier without penalty to enable Becart to complete such investigation and analysis. In the event it is determined that there has been fraud or a violation of law, Becart may withhold payment of the Purchase Payments to Supplier indefinitely.
   
   Payment Date:
   
   Accounts will not be eligible for a Purchase Payment until the end of the Payment Cycle following the Payment Cycle in which Supplier commenced doing business with Becart.
   
   No Interest:
   
   In no event shall Supplier earn any interest on, or any other form of earnings for, any Purchase Payments or funds held in the Reserve, regardless of the length of time during which Becart is in possession of such funds.
10. PAYMENT OF FEES AND CHARGES:
    
    Deduction from Purchase Price:
    
    Supplier hereby grants Becart the right to deduct all fees, charges, fines, penalties, wire transfer charges and other expenses that the Supplier is responsible for from the purchase price of Products resold to Customers by Becart prior to making any payment to Supplier.
    
    In the event a Refund is paid to a Customer by Becart for a Transaction, Supplier will be obligated to reimburse Becart for the amount of the Refund. In the event the funds for the purchase that is the subject of the Refund have not been paid to Supplier, Becart may deduct the amount of the Refund from funds due to Supplier, or from the Reserve.
    
    In the event Becart, in its sole discretion, has any reasonable doubt as to whether the Supplier has delivered the Product to the Customer, or any reasonable doubt that the Product delivered to the Customer was as advertised by Supplier, Becart may withhold the applicable Purchase Payment until Becart is satisfied that Supplier has performed its obligations to the Customer.
    
    Direct Payment from Supplier:
    
    Supplier hereby grants Becart the right to deduct all fees, charges, fines, penalties and other expenses that the Supplier is responsible for from the DDA into which Becart is to deposit proceeds to Supplier from a Transaction. Supplier will, upon demand by Becart execute any documentation required by Supplier's financial institution to enable Becart to make such deductions.
    
    Retention of Funds for Damages, Refunds and Failure to Deliver:
    
    Pursuant to the Agreement, Supplier is liable to Becart for damages, costs and expenses, including attorney fees, incurred by Becart which result from a breach of the agreement by Supplier. Becart shall retain all funds it has that are attributable to Supplier, including any amounts in the Reserve which is established pursuant to Section 13, until such time as a determination is made as to the amount of damages, costs and expenses incurred by Becart. Upon making such determination, Becart may apply as much of the funds being held as is necessary to reimburse Becart.
    
    Reserve Policy:
    
    Becart will retain a rolling reserve from each Supplier's account equal to five percent (5%) of gross sales ("Reserve") from each Purchase Payment to the Supplier. The Reserve is in addition to the fees and charges that will be assessed against Supplier and each deduction from Purchase Payments to Supplier shall be held for at least ninety (90) days from the date the Purchase Payment was made. In the event Becart deems it necessary, Becart may, in its sole discretion, hold a deducted amount for more than 90 days.
    
    In addition, Becart may increase the percentage of gross sales held for Reserve if there are excessive Disputes, Refunds or Returns, or if Becart, in its sole discretion, deems that either the Supplier or the Products offered by the Supplier create a financial or reputational risk to Becart, or if Becart otherwise reasonably deems itself insecure.
    
    The funds held by Becart in the Reserve will accrue no interest, or any other earnings.
    
    Withdrawal From Reserve:
    
    Supplier hereby grants Becart the right to deduct all fees, charges, fines, penalties and other expenses that the Supplier is responsible for from the Reserve if an active balance has not been maintained in Supplier's Account, or if the active balance in Supplier's Account is insufficient to pay all monies due to Becart.
11. PAYMENT OPTIONS:
    
    U.S. Suppliers:
    
    Suppliers based in the United States can elect to have Purchase Payments paid by direct ACH deposit or by check. ACH transactions are performed at no cost to Supplier. The fees for the selected option are as described in the Fee Schedule under the category Fees For Payment Options.
    
    Canadian Suppliers:
    
    Suppliers based in Canada can elect to have Purchase Payments paid by direct ACH deposit, check payment or wire transfer. The fees for the selected option are as described in the Fee Schedule under the category Fees For Payment Options.
    
    Non-US or Canadian Suppliers:
    
    Suppliers not based in the United States or Canada can elect to have Purchase Payments paid by wire transfer or check. The fees for the Selected option are as described in the Fee Schedule under the category Fees For Payment Options.
    
    In the event wire transfers are used to pay proceeds to Supplier, all wire transfer fees will be deducted from the proceeds paid to Supplier.
    
    Release Levels:
    
    The minimum amount for payment by check is $100.00, for payment by wire transfer the minimum amount is $300.00, and for payment by DEFT or ACH the minimum amount is $10. All payments made to Supplier are in USD. Unless Supplier requests a different amount, the minimum payment by any method shall be $600.00 and until Supplier is entitled to Purchase Payments in that amount, no payment will be delivered from Becart to Supplier.
    
    Suppliers electing to receive Purchase Payments by wire transfer or check may specify a higher release level. Purchase Payments due Supplier may be held by Becart in an account containing funds other than those due to Supplier until the specified release level has been reached.
    
    Change in Percentages, Time Frames and Minimums:
    
    Becart may change any of the percentages, time frames or minimums set forth in this Article 14. Such changes become effective when posted upon Becart's website.
    
    Claim of Error:
    
    In the event Supplier believes that Becart has committed an error in the payment to Supplier, Supplier shall notify Becart in accordance with Section 19 of the Agreement within thirty (30) days of receipt of a Purchase Payment from Becart, or if no Purchase Payment is received, within thirty (30) days of the delivery of a statement from Becart. Supplier's failure to so notify Becart shall be deemed to be an acceptance of the Purchase Payment or statement.
12. Patriot Act Compliance:
    
    In the ongoing fight against terrorist activities, the United States government has enacted certain laws and regulations. Becart supports the efforts of the United States government in these efforts and will fully comply with all laws and regulations regarding those efforts. To the extent such efforts affect Supplier, Becart shall have no liability to Supplier for any claim of loss, cost or damage suffered by Supplier, including without limitation, the loss of revenue.
13. Arbitration:
    
    Notwithstanding anything herein to the contrary, Supplier agrees that any claim or dispute regarding the Agreement, including without limitation, these Operating Regulations, shall be resolved exclusively and finally by binding arbitration, administered by the American Arbitration Association and conducted under its rules, except as otherwise provided below. The arbitration will be conducted in Columbus, Ohio, U.S.A. in front of a single arbitrator selected by the agreement of the Supplier and Becart. If Becart and Supplier are unable to agree upon an arbitrator, the arbitrator shall be selected by the American Arbitration Association. The arbitration shall be limited to the dispute involving the Supplier and no claim or dispute of any other Supplier or person shall be included or joined in the arbitration. Unless otherwise ruled by the arbitrator, Supplier and Becart shall equally share the expenses of conducting the arbitration. Any arbitration brought under this provision shall be governed by the Federal Arbitration Act (9 U.S.C. Section 1, et seq.). Supplier understands that it would have had a right to litigate disputes through a court of competent jurisdiction that Supplier has expressly and knowingly waived that right and agreed to resolve any claim or dispute through binding arbitration. Notwithstanding the fact that Supplier and Becart have agreed to settle claims and disputes exclusively through binding arbitration, in the event there is a claim or dispute with regard to the intellectual property of Becart, including without limitation, trade secrets and software code, Becart may immediately proceed to a court of competent jurisdiction to obtain equitable relief, Supplier agreeing that there would be no adequate remedy at law or in arbitration for Becart for such a claim.