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1. Essilor Power of Vision Rebate Program Financing Terms and Conditions for the GreenSky® Program. The 2017 Essilor Power of Vision Rebate Program (the “POV Rebate Program”) is sponsored by Essilor of America, Inc., 13555 North Stemmons Freeway, Dallas, TX 75234 (“Essilor”). GreenSky Patient Solutions, LLC, its parent, affiliates, and subsidiaries (collectively, “ GSPS” or “ Program Administrator”) is the administrator of the GreenSky® Program (the “ GreenSky® Program” or “ Program”) used for consumer financing during the POV Rebate Program. Funding for Loans made under the GreenSky® Program is provided by federally insured, federal or state-chartered financial institutions (the “ Funding Banks”). Authorized Participating Retailers in the POV Rebate Program (“ Provider”) agree to participate in the GreenSky® Program through Essilor in accordance with the terms set forth herein (“ Financing Terms and Conditions”), including the Operating Instructions, to allow Provider’s customers to obtain Loans from a Funding Bank for purchases of eligible Products offered through the POV Rebate Program. Program Administrator provides administrative, technical, and ministerial services to Funding Banks participating in the GreenSky® Program. Program Administrator operates under delegated authority in its role as Program Administrator for Funding Banks participating in the GreenSky® Program.
2. Overview of the Provider’s Responsibilities under the GreenSky® Program.
(a) All of Provider’s responsibilities under the Program are detailed in the Financing Terms and Conditions and the Operating Instructions, including the Transparency Principles, applicable to the Program (available at www.greenskycredit.com/providerresources) in which Provider participates, which responsibilities include:
(i) ensuring that all employees and agents involved with the Program are advised of the requirements related to offering the Programs to Provider’s patients and that appropriate employees and agents of Provider have completed the orientation and training through Essilor related to the Program that is provided by GSPS; (ii) promoting the Program in an accurate, complete, unbiased, and fair manner; (iii) ensuring that financing is provided only in connection with eligible Services, as defined herein; (iv) verifying the identification of the individual(s) applying for a Program credit product or using an Access Device or Account Number at the time of a sale using a Program credit product; (v) cooperating with GSPS and Essilor in investigating and remediating all complaints and disputes about Provider and responding appropriately to any request for information, audit, or review related to Provider’s participation in the Program; (vi) limiting Provider’s discussions with Borrowers and prospective Borrowers regarding the Program to providing them:
1. approved materials or expressly authorized information, such as the telephone number to contact GSPS regarding the Program; 2. GSPS’s name and address and certain applicable codes or other identification numbers; and 3. conducting such discussions in English or Spanish only, provided that if Provider conducts such discussions in Spanish, GSPS will provide the Borrower a Spanish-language copy of the loan agreement, and if a Spanish Borrower or prospective Borrower needs assistance, Provider agrees to direct the Borrower or prospective Borrower to GSPS.
(i) maintaining any information Provider receives regarding a prospective Borrower (in such capacities) or a Loan as strictly confidential; and (ii) providing to GSPS and Essilor in a timely manner all information relating to Provider’s participation in the Program upon request.
(a) In addition to Provider’s other responsibilities, Provider shall not:
(i) prepare or disseminate any written materials regarding the Program other than those provided or approved by GSPS and Essilor; (ii) assist a Borrower with the completion and submission of a Loan application; (iii) discuss with the prospective Borrower the likelihood of his or her approval for a Loan; (iv) provide any misleading, confusing, or incomplete information regarding the Program, including applicable interest rates or any terms or conditions of a Loan under the Program; (v) obtain any credit reports on prospective Borrowers or Borrowers in conjunction with the Program; (vi) add any finance or Loan-related fees into prices charged to Borrowers; (vii) discriminate among prospective Borrowers or Borrowers in any unlawful way; (viii) require, through a surcharge, an increase in price or otherwise, any Borrower to pay any finance or Loan-related fees, including any part of any charge or fee imposed by Essilor on Provider; (ix) use the Program to fund the payment for Services provided prior to the submission of a completed application for funding of the Loan; (x) use the Program to fund outstanding patient receivables for Services provided prior to submission of a completed loan application; or (xi) use a Loan as a “bridge” loan or intend for the Borrower to use the proceeds of another loan to pay off a Loan under the Program.
(c) In the event that GSPS or Essilor believes Provider has failed to comply with the Financing Terms and Conditions, each of GSPS and Essilor may suspend Provider’s participation in the Program and take such other action as it deems appropriate, up to and including prohibition from participation in the Program.
3. Modification of the GreenSky® Program Financing Terms and Conditions. Essilor may modify the Financing Terms and Conditions at any time. Provider’s continued participation in the Program after the effective date of any such modification will constitute Provider’s acceptance of the modified terms and Provider’s agreement to be bound by them. If Provider does not want to accept such modifications, it must not submit any credit applications subsequent to such effective date and must advise Essilor in writing of its decision.
4. Applications Submitted to the GreenSky® Program.
(a) Provider shall verify the identification of the individual(s) applying for credit by obtaining a government-issued photo identification document and Social Security number (or another identification method authorized in the Operating Instructions). (b) Provider will not assist individuals with the application process other than to provide Borrower with the necessary means to complete and submit credit applications to GSPS in accordance with any training and Operating Instructions. Should an individual have questions or need assistance with the application process, Provider will direct all inquiries to GSPS. GSPS shall own, manage and maintain all such means for the completion and submission of credit applications. (c) GSPS conducts credit-related discussions in English and Spanish only, and Provider agrees to conduct any discussion with prospective Borrower in English or Spanish only. If a Provider conducts such discussion in Spanish, GSPS will provide such prospective Borrower with a Spanish-language copy of the Loan Agreement; and if such prospective Borrower needs assistance with the application, Provider agrees to direct such prospective Borrower to GSPS for assistance. (d) In the event Provider identifies, or reasonably should identify, a discrepancy between the prospective Borrower’s identification documents Provider uses to fulfill its obligation under Section 4(a) above and the prospective Borrower’s physical appearance or other application information, Provider shall not provide the prospective Borrower the means to submit a credit application to GSPS.
5. Eligible GreenSky® Program Sales Transactions.
(a) Borrower must present a valid Account Number at the time of sale. Provider agrees to honor all valid Access Devices and Account Numbers when properly presented as payment for eligible Services. Provider must verify the identification of the individual(s) presenting a valid Account Number at the time of procurement of the Services by obtaining a government-issued photo identification document. In the event Provider identifies, or reasonably should identify, a discrepancy between the Borrower’s identification documents used to fulfill Provider’s obligations under this subsection and Borrower’s physical appearance or Access Device or Account Number, Provider shall not submit a transaction to GSPS with respect to any such Borrower and shall promptly inform GSPS. (b) Provider must obtain a transaction authorization through the applicable payment card network or GSPS’s authorization center. GSPS may grant, deny and revoke authorizations in its sole discretion. Unless the Operating Instructions provide otherwise, authorizations are valid for the time period established by the applicable payment card network (but in no event more than five (5) days). GSPS may deny any Loan that is presented to GSPS after such time. If an authorization is granted, GSPS shall not be responsible, however, for any delay in funding a Loan that is caused by a Provider processor or otherwise caused solely by Provider. If authorization is denied, Provider shall not complete the transaction and will contact GSPS’s authorization center as requested. (c) All transactions shall be evidenced by Statements in a form approved by Essilor and GSPS, which approval shall not be unreasonably withheld, conditioned or delayed. Provider shall not process a transaction where the Statement amount exceeds the account limit established by GSPS and any other cash or other payment agreed to by the Borrower. (d) Provider agrees not to divide a single transaction with another credit provider unless GSPS has not approved a Loan amount sufficient to pay Borrower’s total transaction amount and GSPS was provided notice of such total transaction amount. (e) With respect to each transaction, Provider agrees to:
(i) submit a transaction for authorization by GSPS only after confirming that the Borrower has received and agreed to the Loan Documents; (ii) legibly complete the receipt for Services. Provider will enter legibly on the Statement sufficient information to identify the Borrower and Provider, including at least Provider’s name, the Borrower’s name, Account Number and any validation information provided by the Access Device; (iii) create and retain accurate records relating to the transaction that include the date of the transaction, the authorization number, and the entire amount due for the transaction (including any applicable taxes); (iv) deliver a true and completed copy of the Statement to the Borrower at the time of performance of the Services; (v) obtain the signature of the Borrower on the evidence of authorization of the Services and compare the signature with the signature panel of the Access Device or the Borrower’s government-issued photo identification document (or as otherwise permitted in the Operating Instructions) and, if the identification is uncertain or if the Provider otherwise questions the validity of the Access Device, to contact GSPS’s authorization center for instructions; (vi) enter the transaction into Provider’s point-of-sale terminal or other applicable device; (vii) present the receipt for Services to GSPS for authorization only upon Borrower’s express written approval (it being understood that (A) if the transaction is canceled or the Services canceled, the receipt is subject to chargeback, (B) the submission of a transaction for authorization shall constitute a representation by Provider that there is a valid Statement for the transaction, and (C) if the transaction is canceled, the Provider may retain any authorized portion of the Loan proceeds to cover fees and costs incurred prior to the Procedure, provided the Provider has (1) informed the Borrower the Provider intends to charge for costs incurred, (2) disclosed to Borrower the amount to be charged and (3) maintains documentation demonstrating that the requirements of this Section 5(e)(vii) have been met); and (viii) only process transactions for services already rendered unless such services (i) are custom products ordered by the Borrower, (ii) are intended to be and are completed within thirty (30) days of the transaction, or (iii) are out of pocket costs incurred within thirty (30) days of the transaction.
(f) All transactions financed pursuant to these Financing Terms and Conditions shall be for personal Services, as defined herein, unless otherwise authorized by GSPS.
6. Fees Related to use of the GreenSky® Program. For each funded Loan, Provider agrees to pay any fee imposed by the applicable payment card network for processing the transaction
7. GreenSky® Program Customer Payments. Provider agrees that GSPS (on behalf of the Funding Banks) has the sole right to receive payments on Loans. Provider agrees not to attempt to collect any Loan.
8. Provider Representations and Warranties.
(a) As to each credit application, Statement or other material presented or delivered to GSPS, and the transaction it evidences, Provider represents and warrants to Essilor: (i) that all practitioners employed or otherwise engaged by Provider are duly licensed and will maintain such licenses in good standing; (ii) that Provider has verified the identity of the customer and that the customer was of legal age and competent to execute the credit application, Loan Agreement and Statement at the time of the execution thereof and that the credit application, Loan Agreement and Statement are bona fide and were actually made and agreed to by each person identified as an applicant or Borrower; (iii) that each Loan Agreement and Statement (A) will arise out of a bona fide delivery of Services by Provider and the express consent of the Borrower, (B) will not involve the use of the Loan for any purpose other than the Services that are the subject of the Loan Agreement and Statement, which are truly and accurately described therein and shall be rendered pursuant to Provider's provider-patient relationship and, thus, be subject to Provider's responsibilities as a provider of healthcare goods and services and (C) represent Provider’s performance of all of its other obligations to the Borrower in connection with the transaction evidenced by the Statement; (iv) that the transaction is, in all respects, in compliance with the Financing Terms and Conditions and all laws, rules and regulations of any federal, state or local governmental agency governing the same; (v) that Provider has no knowledge or notice of any facts, events, issues or circumstances that would impair enforceability or collection of the Loan as against the Borrower; (vi) that, to its knowledge, the Borrower has no claim or defense to payment of any amount reflected on the Statement based on any act or omission of Provider or Provider’s employees or otherwise; (vii) that there have been no representations or warranties made to the Borrower other than warranties approved by Essilor, GSPS or a third party’s or manufacturer’s standard warranties (it being understood that if a manufacturer or third party breaches a standard warranty, Provider will make all reasonable efforts to cure the breach within thirty (30) days of notice of such breach; (viii) that Provider has not increased the purchase price as a result of the cost of financing the Services financed under any Loan Agreement or Statement; and (ix) Provider has not taken any adverse action against a prospective Borrower or Borrower because the prospective Borrower or Borrower is a member of a protected class, as defined by applicable law, or because the prospective Borrower or Borrower has chosen to use credit to finance the purchase, nor has Provider engaged in any practice that has or could have an impermissible negative or disparate impact on members of any protected class, including steering any prospective Borrower or Borrower to more expensive or less favorable financing options because such prospective Borrower or Borrower is a member of a protected class. (b) Provider represents and warrants that it maintains privacy policies and procedures, as well as an up-to-date written comprehensive information security program with policies and procedures, in compliance with all applicable federal and state laws. (c) Provider agrees that if any representation or warranty or provision of the Financing Terms and Conditions is breached or if a Borrower asserts any claim or defense arising out of any transaction evidenced by any credit application, Loan Agreement or receipt for Services or cancels any transaction evidenced by any credit application, Loan Agreement, or Statement, Provider will pay GSPS or Essilor, on demand, the amount of any Loan affected under the Loan Agreement with GSPS. (d) Provider acknowledges and agrees that “restricted transactions” (as defined in the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG issued thereunder) and all other transactions in the nature of gambling (“Restricted Transactions”) are prohibited from being processed. Provider agrees that it will not submit Restricted Transactions for processing through any relationship between Provider and Essilor or the use of the Program with GSPS. In the event GSPS identifies a suspected and Restricted Transaction, GSPS may block or otherwise prevent or prohibit such transaction and seek any other remedies available. (e) Provider represents and warrants that (i) compliance with the Financing Terms and Conditions is within its power, has been duly authorized by all necessary corporate, partnership or other action, and does not contravene any government or contractual restriction on Provider and (ii) the Financing Terms and Conditions will be binding, valid and enforceable upon Provider. (f) Provider represents and warrants that Provider has (and will retain) all required licenses, certifications and accreditations to conduct its business and to perform its obligations.
(a) Provider agrees that it will pay GSPS on demand, and GSPS may charge back Provider, the amount of any Loan affected plus any finance or other charges related to the Loan under the Loan Agreement with GSPS, in each of the following events:
(i) GSPS or Essilor determines that (1) Provider has breached or failed to fulfill its obligations under the Financing Terms and Conditions, including the Operating Instructions or training; or (2) the Statement or the transaction to which it relates, credit application or sale of Services is fraudulent or is subject to any claim of illegality, cancellation, rescission, avoidance or offset, including negligence, fraud, misrepresentation, or dishonesty on the part of the Borrower (“Borrower Fraud”) or Provider, its agents, employees or franchisees (“Provider Fraud”); (ii) the Borrower disputes or denies the transaction, the execution of the Statement, credit application or Loan Agreement, or the delivery, quality, Services or any warranties thereto, or the Borrower has not authorized the transaction, or alleges that a credit adjustment to which it was entitled was requested and refused by Provider or that a credit adjustment was issued by Provider but not posted to the Loan due to Provider’s failure to submit the credit adjustment to GSPS; or (iii) Borrower asserts any claim or defense against GSPS as a result of any act or omission of Provider in violation of any applicable law (other than those that relate solely to the terms and conditions of the Loan).
(b) With respect to any chargeback:
(i) Purchases of Services made by Borrowers utilizing Access Devices or Account Numbers issued by GSPS will be processed by the applicable payment card network and, to the extent applicable, all related chargebacks will be processed in accordance with applicable payment card network procedures. (ii) Chargebacks for purchases of Services made by Borrowers not processed by the applicable payment card network, if any, or when the applicable payment card network’s process otherwise is not available, will be paid by Provider in a manner as consistent as practicable with the original funds transfer. (iii) In its reasonable discretion but upon prior notice to Provider, GSPS may compromise and settle any claim made by any Borrower if such claim may give GSPS a right to chargeback. GSPS may settle such claim in an amount equal to the amount paid for the disputed Services, not to exceed the face amount of any Statement. In the event of any such compromise and settlement, GSPS’s right to chargeback shall be limited to the actual amount so compromised or settled. (iv) If the full amount due with respect to any Loan is charged back or otherwise refunded by Provider to GSPS, Provider shall be entitled to recover the unpaid amount of the Statement from the customer as if the financing had not occurred, although the Provider shall have no rights under the Loan Agreement. In such event, Provider shall bear all liability and risk of loss associated with such Statement without warranty by, or recourse or liability to, GSPS. (v) GSPS shall promptly notify Provider of all requests by Borrowers for chargebacks. Provider is required to address any dispute or other circumstance described in Section 9(a) above to GSPS’s reasonable satisfaction within fifteen (15) Business Days of notice of chargeback.
(a) All Program data transmitted shall be in a medium, form and format designated by GSPS. Any errors in such data or in its transmission by Provider shall be the responsibility of Provider. Electronic transmission shall be the exclusive means utilized by Provider for the transmission of transaction data to GSPS except to the extent otherwise provided by GSPS. (b) Provider shall maintain records pertaining to any Loan or transaction for such time and in such manner as Essilor, GSPS or any law or regulation may require, but in no event less than seven (7) years from the date of the credit application or Statement. Within fifteen (15) days, or such earlier time as may be required by GSPS, after receipt of GSPS’s request, Provider shall provide to GSPS the Statement or other transaction records, including evidence of an applicant’s or Borrower’s express consent to a transaction, and any other documentary evidence available to Provider and reasonably requested by GSPS (i) to meet its obligations under applicable law or otherwise to respond to questions, complaints, lawsuits, counterclaims or claims concerning Loans or requests from Borrowers or regulatory authorities, or (ii) to provide any information in connection with GSPS’s pursuit of bad debt tax refunds, deductions, credits, or audit offsets (including providing copies of Provider’s state sales and use tax returns), or (iii) to ensure Provider’s compliance with this Agreement, or (iv) to enforce any rights GSPS may have against a Borrower, including litigation by or against GSPS, collection efforts and bankruptcy proceedings, or for any other reason. (c) If requested by GSPS or Essilor, Provider promptly will provide GSPS or Essilor, as applicable, with all original or electronically reproducible copies of documents required to be retained pursuant to the Financing Terms and Conditions. (d) Prior to disclosing personally identifiable information of regarding any dispute or audit, Provider will comply with all privacy and confidentiality laws pertaining to personally identifiable information and will obtain any required release, authorization, or court order, if required, prior to disclosing any personally identifiable information.
11. Operating Instructions and Training Materials.
(a) Provider shall satisfy all other requirements designated in any Operating Instructions, transparency principles, training materials, or as otherwise may be required from time to time by Essilor or GSPS and communicated to Provider. The terms of the Operating Instructions available at www.greenskycredit.com/providerresources are incorporated by reference into the Financing Terms and Conditions.
12. Information Security.
(a) Provider shall not disclose, and shall take all commercially reasonable measures to protect, Borrower Information, including any nonpublic personal information (as defined in the Gramm-Leach Bliley Act of 1999, title V, its implementing regulations, and other similar laws and regulations), to (i) any third party or (ii) any employee, officer, partner or director of Provider who is not engaged in the implementation and execution of the Program and having a need to know such information for Provider to perform its obligations under these Financing Terms and Conditions. Provider shall not retain, in any format, electronic or otherwise, any Borrower Information beyond what is required. (b) Provider shall keep confidential and not disclose to any person or entity (except to employees, officers, partners or directors of Provider who are engaged in the implementation and execution of the Program) all information, software, systems and data, that Provider receives from Essilor, GSPS or from any other source relating to the Program and matters that are subject to the terms of the Financing Terms and Conditions and shall use, and cause to be used, such information solely for the purposes of the performance of Provider’s obligations. (c) Provider agrees that it has developed, implemented and will maintain at all times effective information security policies and procedures that include administrative, technical and physical safeguards designed to (i) ensure the security and confidentiality of Borrower Information, (ii) protect against anticipated threats or hazards to the security or integrity of Borrower Information, (iii) protect against unauthorized access or use of Borrower Information, and (iv) ensure the proper disposal of Borrower Information. All personnel handling Borrower Information shall be appropriately trained in the implementation of such information security policies and procedures. Provider shall regularly audit and review its information security policies and procedures and systems to ensure their continued effectiveness and determine whether adjustments are necessary in light of circumstances, including changes in technology, customer information systems or threats or hazards to Borrower Information. (d) Provider shall promptly notify Essilor and GSPS of any unauthorized access of Borrower Information or any breach in security measures or systems for the protection of Borrower Information and take appropriate action to prevent further unauthorized access or cure such breach. Provider shall cooperate with Essilor and GSPS, shall pay all related expenses, and shall provide any notices regarding such unauthorized access to appropriate law enforcement agencies and government regulatory authorities, affected applicants and Borrowers as GSPS, in its sole discretion, deems appropriate. (e) Provider agrees that Essilor and GSPS may at any time (during regular business hours) and upon written notice to Provider, review and audit Provider’s information security policies, procedures and systems to verify their adequacy for protection of Borrower Information. Provider will correct promptly any weakness in such policies, procedures or systems identified by Essilor or GSPS in its review thereof.
13. Borrower Complaints. Within five (5) Business Days after receipt Provider shall provide GSPS, acting on behalf of and under the direction and control of the applicable Funding Bank, and Essilor, with a copy of any written complaint or a report of any verbal complaint received from any Borrower or any third party, including any regulatory authority. Provider agrees it will reasonably cooperate with GSPS, acting on behalf of and under the direction and control of the applicable Funding Bank, in responding to complaints; such cooperation may include providing documents evidencing applicant or Borrower authorization to submit a credit application or transaction.
14. Provider Ineligible for Loan. Provider acknowledges and agrees that neither it, its owners, directors, officers, members, nor any member of their immediate families, is eligible for a Loan.
15. Business Relationship The Financing Terms and Conditions do not and shall not be construed to establish a partnership, joint venture, agency relationship or other form of business association or relationship between Provider and GSPS.
16. Actions of Employees. Provider is responsible for the actions of its employees. In the event employment of an employee is terminated, Provider will take reasonable steps to ensure that the former employee no longer has access to GSPS’s systems (including changing any passwords necessary to access such information or system or any confidential information relating to, or arising from, the Program).
17. Transparency Principles for the Program.The Program supports and promotes full transparency and disclosure to all applicants. To pledge that applicants are aware of several key elements of the Program, you hereby agree as follows:
a) You, the Provider, will ensure that all personnel who discuss the Program with applicants fully complete the Program training. b) You, the Provider, must retain each applicant’s signed loan application and agreement acknowledgement form for 7 years from the date of application. Failure to keep, and, upon request, produce the applicant’s signature to us may expose your business to an automatic chargeback upon consumer dispute. c) You and/or your personnel must inform all applicants to the Programs of the following:
i. Financing for the Program is provided by federally insured, federal and state chartered financial institutions without regard to race, color, religion, national origin, sex or familial status. ii. The Program offers unsecured installment loans and is NOT an in-house credit product. iii. For deferred interest loans, customers will pay an APR up to 29.99% (customers should see their loan agreement for details). The interest accrues at the interest rate from the date of purchase. Finance charges can be avoided ONLY IF the entire purchase balance is paid in full prior to the end of the promotional period. iv. Program accounts should only be charged for those costs incurred or services actually rendered within 30 days of the charge; if services are not rendered within 30 days, the consumer has the right to an automatic refund from you for services not yet rendered. Additional services may be billed as you provide them to the customer. For non-New York based providers, these requirements do not apply to orthodontic services or custom products ordered by the consumer. v. You, the Provider, agree to respond to and fully cooperate with inquiries from GSPS or Essilor regarding consumer complaints within ten (10) business days of the inquiry. vi. All customers must apply directly with the Program online (computer or mobile app) or over the telephone. If you do not comply with this requirement, the customer will have a right to reverse the charge from his or her account, even if services are rendered. If the customer exercises this right, the Program may chargeback the transaction.
d) You must maintain a fair refund policy, which GSPS and Essilor have the right to review. e) You must maintain all state licenses required for your business and agree to provide evidence of such licensure to the Program upon request. f) We reserve the right to monitor your adherence to these and other Program policies. Providers who violate these policies will be subject to penalties, such as chargebacks, suspension, and termination.
18. All capitalized terms used herein shall have the following meanings:
(a) “Access Device” is a card or other item displaying an Account Number issued to a Borrower for use in connection with the Program to access funds approved to be advanced to such Borrower by GSPS pursuant to the Program.
(b) “Account Number” is a unique identification number assigned by GSPS or the applicable payment card network to a Loan.
(c) “Borrower” is a customer of Provider that has applied for and has been approved for a Loan.
(d) “Borrower Information” is any personal information about any applicant or co-applicant or any Borrower received in connection with a Loan, or an application for a Loan, whether included in a credit application or through use of the Account Number or Access Device or obtained from GSPS, including, but not limited to, the applicant or co-applicant’s name, address, social security number, date of birth, income information, Account Number and Loan information.
(e) “Essilor” is Essilor of America, Inc., 13555 North Stemmons Freeway, Dallas, TX 75234.
(f) “Financing Terms and Conditions” is this Schedule B, as modified or amended.
(g) “GreenSky” or “GSPS” is GreenSky Patient Solutions, LLC, a Georgia limited liability company, together with its parent, affiliates, subsidiaries, permitted assigns and permitted designees acting as program administrator for the GreenSky® Program under the direction and control of Funding Banks.
(h) “Loan” is a loan to a Borrower created pursuant to the Program.
(i) “Loan Agreement” is a written agreement between Funding Bank and the Borrower containing the terms and conditions of the Loan.
(j) “Loan Documents” are the Loan Agreement, associated Truth-in-Lending Act disclosures and other documentation and communications from GSPS (including documentation regarding online Borrower accounts and describing GSPS’s rights to collect from past due Borrowers).
(k) “Operating Instructions” are any instructions or procedures that Essilor and/or GSPS communicates to Provider and updates from time-to-time.
(l) “POV Rebate Program” consists of participation with Essilor in offering financing through the GreenSky® Program.
(m) “Program” or “GreenSky® Program” is the GreenSky® Patient Solutions Program for the purpose of arranging financing for Provider’s patients’ purchases through the POV Rebate Program.
(n) “Program Administrator” is GreenSky Patient Solutions, LLC, a Georgia limited liability company (together with its parent, affiliates, subsidiaries, permitted assigns and permitted designees) that acts as program administrator for the GreenSky® Program under the direction and control of Funding Banks.
(o) “Provider” is the person or entity executing this Agreement that sells Essilor products to consumers that has agreed to the Financing Terms and Conditions as part of its Terms and Conditions Agreement with Essilor.
(p) “Restricted Transactions” is defined in Section 8(d).
(q) “Services” are any goods, services or merchandise that Provider offers, sells or provides or that are offered, sold or provided on behalf of Provider.
(r) “Statement” is evidence of a sale in paper or electronic form for Services purchased from Provider by Borrower and shall include any and all other documents referred to therein.
(a) “Access Device” is a card or other item displaying an Account Number issued to a Borrower for use in connection with the Program to access funds approved to be advanced to such Borrower by GSPS pursuant to the Program. (b) “Account Number” is a unique identification number assigned by GSPS or the applicable payment card network to a Loan. (c) “Borrower” is a customer of Provider that has applied for and has been approved for a Loan. (d) “Borrower Information” is any personal information about any applicant or co-applicant or any Borrower received in connection with a Loan, or an application for a Loan, whether included in a credit application or through use of the Account Number or Access Device or obtained from GSPS, including, but not limited to, the applicant or co-applicant’s name, address, social security number, date of birth, income information, Account Number and Loan information. (e) “Essilor” is Essilor of America, Inc., 13555 North Stemmons Freeway, Dallas, TX 75234. (f) “Financing Terms and Conditions” is this Schedule B, as modified or amended. (g) “GreenSky” or “GSPS” is GreenSky Patient Solutions, LLC, a Georgia limited liability company, together with its parent, affiliates, subsidiaries, permitted assigns and permitted designees acting as program administrator for the GreenSky® Program under the direction and control of Funding Banks. (h) “Loan” is a loan to a Borrower created pursuant to the Program. (i) “Loan Agreement” is a written agreement between Funding Bank and the Borrower containing the terms and conditions of the Loan. (j) “Loan Documents” are the Loan Agreement, associated Truth-in-Lending Act disclosures and other documentation and communications from GSPS (including documentation regarding online Borrower accounts and describing GSPS’s rights to collect from past due Borrowers). (k) “Operating Instructions” are any instructions or procedures that Essilor and/or GSPS communicates to Provider and updates from time-to-time. (l) “POV Rebate Program” consists of participation with Essilor in offering financing through the GreenSky® Program. (m) “Program” or “GreenSky® Program” is the GreenSky® Patient Solutions Program for the purpose of arranging financing for Provider’s patients’ purchases through the POV Rebate Program. (n) “Program Administrator” is GreenSky Patient Solutions, LLC, a Georgia limited liability company (together with its parent, affiliates, subsidiaries, permitted assigns and permitted designees) that acts as program administrator for the GreenSky® Program under the direction and control of Funding Banks. (o) “Provider” is the person or entity executing this Agreement that sells Essilor products to consumers that has agreed to the Financing Terms and Conditions as part of its Terms and Conditions Agreement with Essilor. (p) “Restricted Transactions” is defined in Section 8(d). (q) “Services” are any goods, services or merchandise that Provider offers, sells or provides or that are offered, sold or provided on behalf of Provider. (r) “Statement” is evidence of a sale in paper or electronic form for Services purchased from Provider by Borrower and shall include any and all other documents referred to therein.