a.The American Express SafeKey Programme (“SafeKey Programme”) enables Merchants to verify Cardmembers during the online Authentication process in order to help reduce the likelihood of American Express Card fraud.
b.The SafeKey Programme does not eliminate online fraud, especially where no authentication occurs. You must continue to employ other reasonable fraud mitigation practices and continue to perform fraud screening to mitigate fraud.
c.American Express offers different versions of the SafeKey Programme, supporting different types of Transactions. Your Establishments must use the version of SafeKey that supports the types of Transactions you process. For additional information about the American Express SafeKey Programme, please refer to the relevant SafeKey Implementation Guide, SafeKey Protocol Guide, and Technical Specifications which are available at www.americanexpress.com/merchantspecs.
d.To participate in the SafeKey Programme, your Establishments must:
i.complete the required SafeKey technical integration with your SafeKey service provider;
ii.comply with the relevant SafeKey Implementation Guide and the SafeKey Protocol Guide, as may be updated from time to time, which are available at www.americanexpress.com/merchantspecs;
iii.provide complete and accurate data for SafeKey Charges, as specified in the relevant SafeKey Implementation Guide and the SafeKey Protocol Guide and Specifications; and
iv.comply with the SafeKey branding requirements detailed in the American Express SafeKey Logo Guidelines, available at www.americanexpress.com/merchantspecs.
e.We may suspend, terminate, amend, or prevent access to the SafeKey Programme at any time, with or without notice to you. We shall not be liable and shall have no obligation to you in the event we suspend, terminate, amend, or prevent access to the SafeKey Programme. If you do not agree with the modified or current SafeKey Programme, you must cease participation.
a.Under our SafeKey Programme, we will not exercise our Chargeback rights for certain types of fraudulent Transactions, including Card Not Present Chargebacks (“SafeKey Fraud Liability Shift”). The SafeKey Fraud Liability Shift does not apply to Disputed Charges involving dispute reasons other than fraud (e.g., the SafeKey Fraud Liability Shift does not apply to goods or services disputes).
b.To qualify for the SafeKey Fraud Liability Shift, in addition to the requirements in paragraph 2.10 (d) above, you must comply with the additional requirements below:
i.The SafeKey Charge was SafeKey Authenticated and received Electronic Commerce Indicator (ECI) 5, or SafeKey Attempted and received an ECI 6;
ii.Maintain a Fraud to Sales Ratio within the parameters contained in the relevant SafeKey Implementation Guide, which may be updated from time to time and is available at www.americanexpress.com/merchantspecs. If at any time you exceed the Fraud to Sales Ratio you must work with us to reduce the number of Disputed Charges at your Establishment;
iii.If your Establishment is located outside of Japan, the SafeKey Electronic Commerce Indicator was provided in both the Authorisation request and the Charge submission; and
iv.For Establishments located within Japan, the SafeKey Electronic Commerce Indicator was provided in the Authorisation request.
c.For the avoidance of doubt, we reserve the right, in our sole discretion, to revoke, modify, or terminate your Establishment’s eligibility for the SafeKey Fraud Liability Shift where:
i.You do not meet any of the requirements listed above (e.g., you exceed the Fraud to Sales Ratio, or where you do not provide clear and accurate data for SafeKey Charges);
ii.You submit SafeKey authentication data to us that is different from the authentication data used during the SafeKey authentication process; or
iii.You submit authentication data that is invalid or reused authentication data from a different SafeKey Charge.