Operator Agreement

This Operator Agreement is between Digital Sportsman, LLC d/b/a DS Gift Cards ("DS") and the business that accepts it in the DS Gift Cards workspace ("Operator"). It covers gift cards for the Operator sold through dsgiftcards.com, Operator storefronts and embeds ("Cards"). The person accepting confirms they are authorized to bind the Operator.

The Operator appoints DS as its limited agent to accept payment from purchasers for Cards on the Operator's behalf. A purchaser's payment to DS for a Card is treated as payment to the Operator for the Card's value: once DS receives it, the purchaser's obligation is satisfied, and the Operator must honor the Card as if it had been paid directly. DS holds Card value in a dedicated account for the benefit of Card holders until it is redeemed, cashed out under state law, or refunded.

Cards are closed-loop: they are redeemable only for the Operator's own goods and services through the Operator's DS Pro account. The Operator will not accept Cards for cash, sell or exchange them for cash, accept them on behalf of any other business, or allow them to be used as general-purpose payment. DS will not make Cards usable at any other merchant.

• An active DS Pro account connected to DS Gift Cards. Card balances are applied and tracked through DS Pro; Cards do not work properly without it.
• A Stripe payout account connected through DS so redemption payouts can be sent.
• Accurate business, contact and branding information, kept up to date.

• No monthly fee, setup fee or contract term.
• Purchasers pay DS a one-time Activation Fee at checkout. The Activation Fee belongs to DS.
• DS keeps a commission on each redeemed amount. The standard commission is 6% unless DS agrees a different rate with the Operator in writing or in the DS Admin settings. DS will give at least 30 days' notice before increasing the Operator's commission rate; the new rate applies only to redemptions after it takes effect.
• DS pays all payment processing costs on Card sales.

When a Card is used for an Operator booking, DS records the redeemed amount. About 24 hours later DS transfers the redeemed amount, less the commission, to the Operator's connected Stripe account. Payouts then follow Stripe's normal schedule to the Operator's bank. The Operator can see every redemption, commission and payout in the workspace.

DS does not pay the Operator for Card value that has not been redeemed. Unredeemed value is held for Card holders as described in Section 2.

If the Operator cancels or reverses a booking paid with a Card, the Operator restores the amount to the Card in DS Pro. Any amount already paid out to the Operator for that booking is deducted from the Operator's next payouts. If future payouts are not enough, the Operator will repay DS within 30 days of DS's request.

The Operator will honor every valid Card at its full balance for its normal goods and services, at the same prices offered to customers paying another way, and will not charge any extra fee for using a Card. Cards never expire, and the Operator will not refuse a Card because of its age.

Card purchases can be refunded in full only before any part of the Card is used. DS handles payment disputes and fraud on Card purchases. If a Card is cancelled because of a dispute or fraud after the Operator has been paid for its redemption, DS may recover that payout from future payouts. DS may hold, delay or cancel Card orders it reasonably believes are fraudulent.

DS is responsible for complying with gift card consumer protection laws for Card sales, including no-expiration, no post-sale fees and state cash-back rights. Cash-back paid to a Card holder is paid from the held Card value and reduces what may later be redeemed with the Operator. The Operator will not make statements to customers that conflict with the Gift Card Terms.

The Operator will give DS at least 30 days' notice before closing or stopping its DS Pro account. During that time the Operator will keep honoring Cards. After the Operator stops honoring Cards, DS may refund unused balances to Card holders from the held Card value, and no further payouts are owed for those Cards.

The Operator grants DS a non-exclusive license to use its name, logo, photos and descriptions to sell and deliver Cards and to show the Operator in DS marketing. The Operator confirms it has the rights to content it uploads.

Each party uses purchaser and holder information only to sell, deliver, redeem and support Cards and to meet legal obligations. Neither party will sell that information. DS does not store purchasers' billing addresses.

Either party may end this agreement with 30 days' written notice, or immediately for a material breach that is not fixed within 10 days of notice. When it ends, DS stops selling new Cards for the Operator; Cards already sold remain valid and the Operator must keep honoring them unless DS refunds them, and DS keeps paying the Operator for redemptions under Section 6.

The Operator is solely responsible for its trips, rentals and services, including safety, permits, insurance and customer claims about them, and will indemnify DS against claims arising from them. Except for payment of amounts owed and indemnity obligations, neither party is liable for indirect or consequential damages, and each party's total liability under this agreement is limited to the commission DS earned from the Operator in the 12 months before the claim.

This agreement is governed by Florida law, with venue in the state or federal courts located in Florida. DS may update this agreement with 30 days' notice; the Operator will be asked to accept the new version in the workspace. Notices may be sent by email to the Operator's account contact and to support@dsgiftcards.com.