This CLAIM SERVICES AGREEMENT (the “Agreement”) is entered into effective as of the date of full execution (“Effective Date”), by and between Class Action Connection LLC, a Minnesota limited liability company (“CAC”), and you (“Client”) with respect to the preparation, filing, and processing of Client’s claims (“Claim”) in the case identified as In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720 (MKB) (JO), (the “Settlement”).
1. Client appoints CAC as Client’s exclusive agent and representative for the purpose of preparing, filing, and processing, on behalf of Client, the Claim in the Settlement. Client authorizes CAC to request and receive from Client and/or any third party, all data, information, documents, or other materials necessary for CAC to fulfill its obligations under this Agreement including, but not limited to, preparing, filing, and processing the Claim, communicating with settlement administrators regarding the Claim, accepting, endorsing, and depositing any negotiable instrument or other payment received from the settlement administrators in connection with the Claim. Client authorizes settlement administrators appointed in the Settlement to direct all communications and to send all notices and other correspondence, including correspondence related to Client’s financial distributions, payable to both Client and CAC, directly to CAC.
2. In consideration of CAC providing the services set forth in this Agreement to Client, Client agrees to pay CAC a service fee in the amount of 20% of recovered funds (the “Recovery Fee”). The Recovery Fee will be collected after receipt of, and deducted from, the Claim recovery as soon as such recovery has been paid into the bank account of CAC. Subsequently, CAC will remit to Client the remaining amount of the Claim recovery.
3. With respect to the provisions of this Agreement, the Client agrees and acknowledges the following: (i) Client shall provide CAC with supporting information and documentation as CAC may reasonably require from time to time in connection with discharging its rights and obligations under this Agreement and CAC shall have no liability to the Client for Client’s failure to provide such supporting information and documentation; (ii) Client acknowledges that it is responsible to ensure that there is no duplication of claims and will ensure that where a proof of claim is to be or is submitted by CAC pursuant to the terms of this Agreement, no other party shall file a proof of claim for participation by the Client in the Settlement; (iii) CAC shall have no liability for any error of judgment or mistake of law or for any loss or damage resulting from the performance or non-performance of its duties hereunder unless such loss or damage is solely caused by or results from the gross negligence or willful misconduct of CAC; (iv) CAC shall be indemnified by the Client for any action taken or omitted by it in good faith without gross negligence and (v) CAC shall have no liability for indirect, consequential, incidental, special, or punitive damages arising out of or in connection with the services provided under this Agreement. Client acknowledges that it will be bound by the releases included in the Settlement for which CAC obtains payments on their behalf.
4. Any information gathered from or on behalf of Client pursuant to this Agreement (“Claim Information”) will be used solely for the purpose of CAC pursuing Client’s recovery and rights under the Settlement. CAC will use commercially reasonable efforts to maintain the confidentiality of the Claim Information and will not make this Claim Information available to any third party other than the Settlement claims administrator without Client’s prior written consent. Notwithstanding the forgoing, to the extent that any filing or other information is transmitted or received via Web-based or Internet services, CAC makes no representation or warranty that such transmission or receipt of information will be uninterrupted or error-free or that such information shall remain private and confidential. In no event shall CAC be liable for any loss, damage, expense or other harm or injury arising out of (i) the performance or non-performance of the Internet or network services used in connection with the transmission or receipt of information over the Internet, including without limitation, the receiving party’s Internet service provider or browser or any other software or (ii) the unauthorized interception or decryption of information transmitted or received via the Internet or network services.
5. This Agreement shall terminate upon the earlier to occur of (i) the date specified in a written notice of termination sent by CAC to Client or (ii) payment of the recovery amounts, if any, from the Settlement as a result of filing of the Claim. CAC shall have no further obligations to the Client to provide the services hereunder after any such termination.
6. This Agreement shall be governed by and construed according to the laws of the State of Minnesota unless otherwise required by applicable law of the state of the Client. Any actions and proceedings arising out of or relating directly or indirectly to this Agreement or any ancillary agreement or any other related obligations shall be litigated solely and exclusively in the state or federal courts located in Hennepin County, Minnesota, and that such courts are convenient forums. Each party hereby submits to the personal jurisdiction of such courts for purposes of any such actions or proceedings. All notices and other communications shall be in writing and shall be provided to the recipient Party to the addresses set forth below hereto. This Agreement may be amended only by written agreement between the parties. This Agreement may be executed in separate counterparts, each of which shall be an original, but which together shall constitute one and the same agreement. Counterparts may be executed in either original or electronically transmitted form, and the parties hereby adopt as original any signatures received in electronically transmitted form. This Agreement constitutes the complete and exclusive agreement of the parties with regard to the Claim services.
The parties have executed this Claim Services Agreement as of the Effective Date.