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2.07 Telcohone Orders. Mail Orders. eCommeree. Prenuthoraed Orders and Installment Orders.
<br />(a) Unless Merchant has been approved by Bank to accept mail. phone or ecommerce orders. Merchant warrants that it is a walk-in trade business, located in a retail business place where
<br />the public moves in and out freely in order to purchase merchandise or obtain services. [(Bank and ETS CORPORATION determines Merchant has accepted unapproved Card
<br />Transactions without Bank's authorization. which arc placed by telephone. generated through telephone solicitation. mail order or other means that docs not create a Sales Draft tut
<br />bears the Card imprint and Cardholder's signature, this Agreement will be immediately temunated and the value of all Sales Drafts collected from the first day of processing may be
<br />charged back to Merchant and all Rands therefrom will be held pursuant to Article IV. (b) Unless approved by Bank. this Arvecment docs not contemplate regular acceptance of Cards for
<br />sales accepted by telephone, mail or ecommerce nor through prcauthorized orders. If an occasional Card Transaction is made by mail. phone or preamhorized order, the Sales Draft may be
<br />completed without the Cardholder's signature or an Imprint. but in such cue Merchant will create a Sales Slip containing Cardholder data, an Authorization number, the sale amount and
<br />the letters "MO".'TO" or "PO", as appropriate. Receiving an Authorization will not relieve the Merchant of liability. for Chargeback on any Transaction for which the Merchant did not
<br />obtain an Imprint or the Cardholder's signature.
<br />2.08 Lodeine and Vehicle Rental Transactions.
<br />(a) Merchant must estimate and obtain Authorization for the amount of the Transaction based upon the Cardholder's intended length of stay or rental. Additional Authorization must be
<br />obtained and recorded for charges actually incurred in excess of the estimated amount. (b) Regardless of the terms and conditions of any written preauthorization form, the Sales Draft
<br />amount for any lodging or vehicle rental Transaction will include only that portion of the sale, including any applicable taxes. evidencing a bona fide rental of real or personal property
<br />by Merchant to the Cardholder and will not include any consequential charges. Nothing contained herein is intended to restrict Merchant from enforcing the terms and conditions of its
<br />preauthoeiation form through means other than a Card Transaction.
<br />2.09 Bettina and Adiostments; Credit Vouchers.
<br />(a) Merchant's policy for the exchange or return of goods sold and the adjustment for services rendered will be established and posted in accordance with operating regulations of the
<br />applicable Card Association's regulations. Merchant agrees to disclose. if applicable, to a Cardholder before a Card sale is made, that if merchandise is returned: (i) no refund. or less than
<br />a full refund, will be given: (ii) returned merchandise will only be exchanged for similar merchandise of comparable value; (iii) only a credit toward purchases will be given: or (iv)
<br />special conditions or circumstances apply to the sale (e.g., late delivery. delivery charges. or other non-credit terms). (b) If Merchant does not snake these disclosures, n full refund in the
<br />form of a credit to the cardholder's Card account must be given. Disclosures must be made on all copies of Sales Drafts or invoices in letters approximately I/4- high in close proximity to
<br />the space provided for the Cardholder's signature or on an invoice issued at the time of the sale or on an invoice being presented for the Cardholder's signature. (c) Any change in
<br />btercbant's return or cancellation policy must be submitted in writing to Bank and ETS CORPORATION not less than fourteen (14) days prior to the change. Bank or ETS
<br />CORPORATION reserves the tights to refuse to process any Sales Draft made subject to a revised return or cancellation policy of which Bank and ETS CORPORATION have not been
<br />notified as required herein.
<br />2.10 Cash Payments. Merchant will not receive any payments from a Cardholder for charges included in any Transaction resulting from the use of any Card nor receive any payment from a
<br />Cardholder to prepare and present a Transaction for the purpose of effecting a deposit to the Cardholder's Card account.
<br />2.11 Cash Advances: Scrip Ihrrchnses. Merchant will not deposit any Transaction for the purpose of obtaining or providing a cash advance either on Merchant's Card or the Card of any other party
<br />and will not accept any Card at a scrip terminal. Merchant agrees that either such action will be grounds for immediate termination of this Agreement.
<br />2.12 nnnlienteTransndions. Merchant will not deposit duplicate Transactions. Merchant will be debited for any adjustments for duplicate Transactions and will be liable for any Chargebacks
<br />which may result therefrom.
<br />2.13 )senosil of Fraudulent Transactions. Merchant will not accept or deposit any fraudulent Transaction and may not under any circumstances present for processing or credit , directly or
<br />indirectly, a Transaction which originated with any other merchant or any other source other than Transactions arising from bona fide purchases from Merchant for the goods and services
<br />for which Merchant has been approved under this Agreement. If Merchant deposits any prohibited Transaction, Merchant may be immediately terminated and Bank may hold funds
<br />and/or demand an Escrow pursuant to Sections 4.02 and 5.06: further, Merchant may be subject to the Visa and MasterCard and Discover reporting requirements under the terms of this
<br />Agreement Merchant understands and agrees that it is responsible for its employees' action. whether negligent or fraudulent while in is employ.
<br />2.14 Collection of Pre-existing Debt. Merchant will not prepare and present to Bank for purchase any Transaction representing the refinancing of an exiting obligation of a Cardholder including
<br />but not limited to, obligations (i) previously owed to Merchant (ii) rising from the dishonor of a Cardholder's personal check Chargeback, and/or (iii) representing the collection of any
<br />other preexisting indebtedness, including collection of delinquent accounts on behalf of third parties.
<br />2.15 Data Seeurity/Personal Cardholder Informations Merchant may not, as a condition of sale. impose a requirement on Cardholders to provide any personal information as a condition for
<br />honoring Cards unless such information is required to provide delivery of goods or services or Merchant has reason to believe the identity of the person presenting the Card may be
<br />different than that of the Cardholder. Merchant will not. under any circumstances, release. sell or otherwise disclose any Cardholder Information to any person other than Bank or ETS
<br />CORPORATION or the applicable Card Association. except as expressly authorized in writing by the Cardholder. oras required by law.
<br />(a) Snfeeuards. Merchant will maintain appropriate administrative, technical and physical safeguards fur all Cardholder Information. These safeguards will (i) insure the confidentiality
<br />of Cardholder Information; (ii) protect against any anticipated threats or hazards to the security or integrity of Cardholder Information: (iii) protect against unauthorized access to or use
<br />of Cardholder Information that could result in substantial harm or inconvenience to any Cardholder, and (iv) properly dispose of all Cardholder Information to ensure no unauthorized
<br />access to Cardholder Information. Merchant will maintain all such safeguards applicable to Merchant or Bank or ETS CORPORATION in accordance with applicable federal and state
<br />laws, rales, regulations and guidance.
<br />(b) omnlianee with Curd Association Rules, Merchant represents, warrants and covenants that it is and will remain throughout the term of this Agreement in compliance with Card
<br />Association bylaws, operating regulations and rules related to dam security, data integrity and the safeguarding of Cardholder Information including the Payment Card Industry Dam
<br />Security Standard ("PCI"). Discover Information Security Compliance ("DISC"), MasterCard's Site Data Protection Program ("SDP'). the American Express Data Security
<br />Requirements ("DSR'), and Visa's Customer Infomtation Security Program ("LISP"), in effect and as may be amended. supplemented or replaced Merchant will cause all of is service
<br />providers, subcontractors and agents to comply with PCI. SDP. DISC. DSR and CISP requirements at all times. Merchant will report any non-compliance immediately to Bank or ETS
<br />CORPORATION. To accomplish the foregoing, Merchant will encrypt all debit. credit or stored value cud numbers whether in storage. transport or backup and will not store data
<br />security codes on its systems. nelwock or software.
<br />(e) Annual Certification. Merchant will provide an annual certification to Bank or ETS CORPORATION if requested by Bank or ETS CORPORATION (in a form acceptable to Bank or
<br />ETS CORPORATION ) cenifying compliance with the data security provisions of this Agreement, including compliance with applicable Card Associatimh requirements such as PCI.
<br />SDP, DSR athd CISP. Merchant will provide annual certifications for Merchant's service providers. subcontractors and agents.
<br />(d) Information Use Limitations, hlerchant may not sell, disclose, or otherwise make Cardholder Information available, in whole or in part in a manner not provided for in this
<br />Agreement, without Bank's or ETS CORPORATION's prior written consent. Merchant may. however, disclose Cardholder Information to its service providers, subcontractors and
<br />agents who have a need to know such infonnation to provide the Services described in this Agreement, provided that those individuals or entities have assumed confidentiality
<br />obligations in accordance with this Agreement. or as may be required by legal process or applicable federal and state Iaws, odes, regulations and guidance and have entered into a
<br />written agreement with Merchant containing Merchants and such individuals' or entities' agreement to the foregoing data security provisions including compliance with Card
<br />Association rules, regulations or bylaws.
<br />(e) Resnonse to unauthorized Access, Merchant will notify Bank or ETS CORPORATION within 24 hours after it knows of any breach in security resulting in an unauthorized access to
<br />Cardholder Information. Merchant will provide any assistance that Bank or ETS CORPORATION . the issuing bank of any Cardholder, and their regulators and the Card Associations
<br />deem necessary to contain and control the incident to prevent further unauthorized access to or use of Cardholder Information Such assistance may include, but not Inc limited to,
<br />preserving records and other evidence and compiling information to enable Bank or ETS CORPORATION and the issuing bank (s) or the Card Associations to investigate the incident
<br />and provide assistance and cooperation to: (a) file suspicious activity reports (as applicable): (b) notify their regulators (u applicable): and (c) notify the affected Cardholder (as
<br />required). Unless the unauthorized access was due to Bank's acts or omissions. Merchant will bear the cost of notifying affected Cardholder.
<br />(0 Jtliscellaneons Merchant may not make a claim against Bank or ETS CORPORATION or hold Bank or ETS CORPORATION liable for the acts or omissions of other merchants,
<br />service providers. Card Associations, financial institutions or others that do not have a written contractual relationship with Bank or ETS CORPORATION or over which Bank or ETS
<br />CORPORATION has no control. These provisions supplement, augment and are in addition to obligations of indemnification audit. confidentiality and other similar provisions
<br />contained in this Agreement. This Section and each of is subsections will survive this Agreement's termination. Merchant may not store in any system or in any manner discretionary
<br />Card read data including without limitation CV V2 data. PIN data, address verification data or any other information prohibited by Card Association Rules. Merchant agrees that
<br />Provider may disclose to any Card Network information regarding Merchant and hlerchnnt's Transactions to any Card Network , and that such Card Network may use such information to
<br />perforin is responsibilities in connection with is duties as a Card Network, promote the Card Network. perform a alyna and create reports. and for any other lawful business purposes,
<br />including commercial marketing contmunimtions purposes within the parameters of Card Network Card acceptance, and transactional or relationship communications from a Cord
<br />Network. A Card Network may use the information about Merchant obtained in this Agreement at the time of setup to screen and /or monitor Merchant in connection with the Card
<br />Network marketing and administrative purposes.
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