Relying Party Warranty
Important: Read this entire document before relying upon any SSL.com certificate.
Introduction
1. Definitions
2. Application
3. Covered Losses
4. Covered Persons
5. Exceptions to the Warranty
6. Certificate Warranty Limits
Introduction
SSL.com’s Relying Party Warranty may provide relief to individuals whose reliance on the information contained in a Certificate issued by SSL.com results in a loss of money due to a fraudulent charge to their credit card by the holder of an SSL.com-issued certificate.
You may be eligible to receive reimbursement for your loss if:
– SSL.com was negligent in issuing a certificate that resulted in a loss to you, and
– you meet the criteria of a Covered Person as defined in Section 2.
This eligibility ONLY applies if a Certificate were issued in violation of the SSL.com CPS. If this is the case, then each Covered Person may receive a Covered Loss up the Maximum Certificate Coverage per transaction until the total of all Covered Losses reached the Payment Limit. Any reimbursement is subject to a maximum aggregate limit of the amounts as given in Section 6 below for all claims related to that Certificate.
1. Definitions
Capitalized terms used in this Agreement shall have the following meanings, unless otherwise specified:
- Certificate: A digitally signed document that is a public-key certificate in the version 3 format specified by ITU-T Recommendation X.509. The digital signature on the certificate binds a subject’s identity and other data items to a public key value, thus attesting to the ownership of the public key by the subject. The certificate data items include, at least, the identify of the subject; the public key value; the identity of the certification authority that signs the certificate; and the certificate’s serial number.
- Certification Practice Statement (CPS): The SSL.com document setting forth SSL.com’s validation and issuance practices.
- SSL.com: SSL Corp, is the issuer of the Certificate covered by the Warranty.
- Covered Loss: A direct monetary loss associated with an online credit card transaction that meets the criteria under Section 3.
- Covered Person: A person who meets all of the criteria found in Section 4 of this Agreement that will receive payment for a Covered Loss.
- Incident: Any instance of a fraudulent online credit card transaction made in reliance on a unrevoked and unexpired SSL.com issued Digital Certificate where SSL.com failed to perform the validation requirements set forth in its CPS.
- Maximum Certificate Coverage: The maximum amount of a single transaction that will be covered by the Warranty associated with the Certificate.
- Payment Limit: The maximum aggregate claims that can be made against a Certificate under the Warranty. Payment Limits for each Certificate type are set forth in Section 6.
- Relying Party: A party using the Certificate to conduct an online transaction using a credit card with the Subscriber named in the Certificate.
- Repository: SSL.com’s collection of documents pertaining to its Certificate issuance and validation processes as set forth at: http://www.ssl.com/repository
- Subscriber: The entity named in the Certificate with whom the Relying Party wishes to conduct an online credit card transaction.
- Warranty: SSL.com’s guarantee against loss associated with an online credit card transaction caused by SSL.com’s failure to exercise reasonable care to perform the validation steps set forth in the SSL.com CPS prior to the Certificate’s issuance.
2. Application
Before relying in any way on a SSL.com-issued Certificate or other authentication product, you must read and agree to the terms set forth in the following documents:
- The SSL.com Relying Party Warranty (this document);
- The SSL.com Relying Party Agreement and
- The SSL.com Certificate Practices Statement.
Subject to the provisions of the Relying Party Agreement and limited to the value of the Warranty, SSL.com warrants to you that SSL.com has exercised reasonable care in following the applicable validation process when issuing a relied-upon Certificate.
3. Covered Losses
The Warranty applies only to an Incident where ALL of the following are true:
- The Certificate used by the Covered Person was issued by SSL.com in violation of the validation procedures set forth in the SSL.com CPS.
- The losses incurred were a direct result of SSL.com’s negligence in following these validation procedures.
- The losses were monetary losses associated with a fraudulent online credit card transaction.
The Warranty shall cover a monetary loss equal to the lesser of the following amounts:
- The amount directly paid by the Covered Person in reliance on the Certificate as offset by any amount recovered from the relevant credit card issuer
- The Maximum Certificate Coverage associated with the Certificate, or
- The total amount remaining of the Payment Limit for the relied upon Certificate.
The Warranty is subject to the Payment Limit associated with the specific Certificate in effect at the time of the Incident, as given in Section 6 below.
Only the specific Certificate types listed in Section 6 are subject to this Warranty.
The maximum amount of aggregate claims payable under the warranty shall reset upon renewal of the Certificate, and each Certificate renewal shall have a Payment Limit equal to the Payment Limit of the originally issued Certificate.
Each Covered Person may receive a Covered Loss up the Maximum Certificate Coverage per transaction until the total of all Covered Losses reached the Payment Limit.
No payments will be made under this Agreement to any Covered Person where the Payment Limit has been exceeded during the lifecycle for the relied-upon Certificate.
Warranty claims will be paid in the order received by SSL.com.
Relying Parties may check with SSL.com at any time to ensure that the Payment Limit has not been reached.
4. Covered Persons
Under this warranty, you must complete an online credit card transaction in reliance on a unrevoked and unexpired SSL.com issued Digital Certificate where SSL.com failed to perform the validation requirements set forth in its CPS. In addition, in order to qualify as a Covered Person under the Warranty, a Relying Party must:
- Be an entity who has completed an online credit card transaction with a Subscriber using a credit card validly issued in the Relying Party’s name
- Complete the transaction using a Certificate issued to the Subscriber by SSL.com
- Verified the Certificate and reasonably relied on the information contained in a Certificate validated by SSL.com to establish the identity of the Certificate holder
- Suffer a monetary loss resulting from a fraudulent charge to the credit card provided in the transaction using the Certificate
- Read and agree to be bound by the Relying Party Agreement, the terms of this Warranty, and the SSL.com CPS prior to using the Certificate or providing any credit card information to the Subscriber
- Fulfill all obligations found herein and not be in breach of this Warranty or the Relying Party Agreement. and
- Dispute the charges associated with the loss with the appropriate credit card issuer or other entity. Such dispute must be made in compliance with the rules, procedures, and timelines applicable to the credit card used to make the charges. Any payment from SSL.com under the Warranty will be reduced by any amount received as a charge-back, settlement, or refund from the Covered Person’s credit card issuer.
Under no circumstances shall any third party, including the Subscriber, be a third party beneficiary with respect to this Warranty.
5. Exceptions to the Warranty
This Warranty does not apply to losses or damages of a Covered Person, caused wholly or partially by:
- Brown-outs, power failures, or other disturbances to electrical power
- Illegal acts by the Covered Person or the Subscriber upon which the Covered Person relies
- Any coercion of the Covered Person or Subscriber
- The Covered Person’s own breach of any warranty or obligations herein, including the Covered Party’s failure to validate a Certificate with SSL.com or failure to validate the certificate chain for any Certificate prior to relying on the Certificate
- Acts by any unauthorized individuals which impairs, damages, or misuses the services of any Internet Service Provider or telecommunications, cable, or satellite carrier, other common carrier or value-added services, including but not limited to, denials of service attacks and the use of malicious software such as computer viruses
- The Covered Person’s unreasonable or unjustified reliance upon information contained within a Certificate in view of what the Covered Person knows or should have known, or based on the Covered Person’s course of dealings and customs of trade
- Failure of any services or equipment not under the exclusive control or ownership of SSL.com or its partners, affiliates, and agents; or
- The Covered Person’s reverse engineering, interference with, or monitoring of the certificate services.
6. Certificate Warranty Limits
The specific Total Payment Limits and Maximum Certificate Coverage limits for each certificate are set forth below. Each Certificate has a maximum amount covered by the transaction (the Maximum Certificate Coverage) and a maximum aggregate payment amount (the Payment Limit).
