Certain capitalized terms referenced herein have the meanings ascribed to such terms in the Common Definitions.
"Affiliated Persons" means:
- For an individual Member, affiliated persons shall be limited to:
- The spouse or domestic partner of registered Member (where "domestic partner" is defined as any person living in a legally recognized domestic partnership with Member in their state of residence; provided that, this definition does not affect the location in which the Service is being provided as set forth in the FraudArmor Terms and Conditions).
- Dependent children under the age of 21 who live with Member and dependent children under the age of 25 who are full-time students, as determined by IRS dependency requirements.
- For a business Member, affiliated persons shall be limited to:
- The owner of the Company includes any natural person who is the owner, proprietor or general partner of the Company who:
- owns at least a 20% portion of the stock or ownership interest, and
- holds executive authority in the Company and who otherwise controls the management of the Company.
- A full-time employee of the Company identified in the organizational documents on file with the appropriate state agency as the President, Vice President, Secretary or Treasurer of the Company.
- Member of board of directors
- An elected or appointed member of the Company’s board of directors.
"Identity Theft Event" means:
- For individual Members, the fraudulent misappropriation and use of the Member's name, social security number, credit card number(s) or other Protected Identity Elements in any manner that adversely affects any public records or credit reports concerning the Member.
- For business Members, the fraudulent misappropriation and use by persons or entities (other than agents, employees or contractors of Member) purporting to act as or on behalf of the Member of either: Member's official Business Name as used in combination with the Member's Tax ID Number; or any Member Credit Card Account Number(s) (duly issued credit cards for which Member is an obligor) as registered by Member as part of the applicable Service.
"Losses" means, with respect to any order, any debits from the Member's checking account for cleared checks due to the Subject Check Fraud.
- For individuals, the consumers whose names are printed on the personal or commercial checks with FraudArmorTM.
- For Businesses, the entity named on the checks.
"Resolution Specialist" is a named individual dedicated to Member's Restoration case and who is certified with the following credentials:
- Certified Identity Theft Risk Management Specialist (CITRMS) from The Institute of Fraud Risk Management
- International Association of Financial Crime Investigators (member or above)
- Consumer Data Industry Association (Fair Credit Reporting Act Exam)
"Service Provider" includes those who market FraudArmor to Members as well as those who provide services on Harland Clarke's behalf as part of the FraudArmor Check Fraud and Identity Resolution Program.
"Subject Check Fraud" means, with respect to a particular Identity Theft Event, any occurrence of:
- a forged signature (a legitimate blank check that is forged with the Member's signature as the payer);
- a forged endorsement (a legitimate check that is endorsed and cashed or deposited by a person other than the designated payee based upon a fraudulent endorsement; or
- an altered check (a legitimate check that is fraudulently altered as to the designated payee, check amount, or otherwise so as to benefit the person altering the check).
Subject Check Fraud does not include counterfeit checks or any check that bears a legitimate original endorsement that is secondarily fraudulently endorsed.