; or (ii) any other person who is contractually obligated to pay a consumer earned but unpaid income in exchange for the consumer’s provision of services to the employer or on behalf of the employer, including on an hourly, project-based, piecework, or other basis and including where the consumer is acting as an independent contractor with respect to the employer. (B) Exclusion The term employer does not include— (i) a customer of an employer or any other person whose obligation to make a payment of salary, wages, compensation, or other income to a consumer is not based on the provision of services by that consumer for or on behalf of such person; or (ii) a third-party service provider contracted by the employer to distribute income to consumers, including on demand pay for earned but unpaid income requested by the consumer, on behalf of the employer at no fee to the consumer. (8) Employer-integrated wage access services The term employer-integrated wage access services means the business of delivering to consumers access to earned but unpaid income that is based on employment, income, or attendance data obtained directly or indirectly from an employer. (9) Fee The term fee means— (A) a fee imposed by a provider for delivery or expedited delivery of proceeds to a consumer; (B) a subscription or membership fee imposed by a provider for a bona fide group of services that include earned wage access services; and (C) does not include a voluntary tip, gratuity, or other donation paid by a consumer to a provider. (10) Outstanding proceeds The term outstanding proceeds means a payment of proceeds to a consumer by a provider, which has not yet been repaid to that provider. (11) Proceeds The term proceeds means a payment to a consumer by a provider, which is based on earned but unpaid income. (12) Provider The term provider — (A) means a person who is in the business of providing earned wage access services to consumers