Compliance Checklist Guidelines
Compliance Checklist & Guidelines
To avoid untimely delays in the approval process, make certain that your website contains all seven policy pages.
The Federal Trade Commission guidelines strictly prohibit the publication of unsubstantiated medical claims relevant to the use of CBD products.
Website Compliance
1. The website must be published as live or accessible and hold a valid SSL certificate. *Underwriters from the sponsoring may need to see the items being sold and inspect your website for compliance.
2. Returns Policy – must clarify terms and conditions for accepting returns.
3. Refunds Policy – must describe the conditions upon which a refund will be approved, the method and time frame that funds will be received.
4. Terms of Use Policy.
5. Privacy Policy.
6. Shipping & Delivery Policy.
7. FDA Disclaimer – preferably published in the footer section of your website.
Unsubstantiated Health Claims
The U.S. Food & Drug Administration (FDA) Federal Trade Commission strictly prohibits marketing and advertising claims touting any health benefits derived from the use of CBD products.
Remove all statements that could be interpreted as a cure, remedy or health benefit.
Laboratory Certificates of Analysis
The merchant must publish on the target website valid independent laboratory issued Certificates of Analysis (COAs) for each batch of CBD product sold.
If hemp flower and pre-rolls are sold, each product must hold a valid laboratory Certificate of Analysis.
Recommendation. As an industry best practice, publish a hyperlink in the footer section of the website leading to the COAs.
Submit The Following Documents With Your Merchant Application
- Articles of Incorporation & Operating Agreement
- Business License and/or Resale Tax Permit (if applicable)
- Letter from the IRS with proof of EIN / Tax I.D. Number
- Proof of Address (Utility Bill or Lease Agreement)
- Laboratory Issued Certificates of Analysis (COA’s)
- Government Identification (Driver’s license, state I.D. card, or valid travel passport)
- 3 Months Bank Statements (if not previous processing history, submit personal statements)
- A voided check or bank letter (for electronic deposit of funds)
SERVICE DISCLAIMER & LIABILITY WAIVER: Under no circumstances does the submission of an application for a merchant account, payment of bank imposed application fees (if any) or any other fees make up guaranteed approval of your merchant application. The ISO/sales agent shall not be held financially responsible nor liable for any costs, fees, business expenses or any losses if an application for a merchant account is declined.
INDEMNIFICATION & WAIVER OF RISK & LIABILITY
Merchant/Applicant agrees to indemnify, defend, and hold harmless KJ Proweb, its officers, directors, agents, employees, and suppliers from and against any lawsuit, claim, liability, loss, penalty or other expense (including attorneys’ fees and cost of defense) they may suffer or incur as a result of (i) a bank, ISO/MSPs inability to deliver merchant processing services as described in an Enrollment Application for Service. This indemnification and waiver of liability include, but is not limited to (ii) unforeseen actions by a federal government agency that may place hemp-derived CBD products into a high risk or ‘prohibited category by major card brands, thus making it impossible to receive traditional merchant processing for the same. If you, the merchant/applicant do not agree with nor accept this Indemnification and Waiver of Liability in its entirety, do not apply for service.