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Terms Below Are Additional Terms Applicable Specifically to American Express Card Acceptance (capitalized terms below not <br />defined elsewhere in the Agreement shall have the meanings assigned in the American Express Network Rules). With respect to <br />participation in an American Express acceptance program, in the event of a conflict behvicen the terms below and other terms of <br />this Agreement. the terms below shall control with respect to American Express transactions only. Merchant shall be bound by <br />American Express Nehvork Rules, including the Merchant Operating Guide: www.americanexpress.com/merchantopguide. <br />A5.24 Transaction Data. Merchant authorizes Provider and/or its affiliates to submit American Express Transactions to. and receive settlement on such Tmnsactions from. American <br />Express or Bank on behalf of Merchant. <br />A5.25 Marketing Message Ont -Out. Merchant may apt -out of receiving future commercial marketing communications from American Express by contacting Provider. Note that Merchant <br />may continue to receive marketing communications while American Express updates its records to reflect this choice. Opting out of commercial marketing communications will not <br />preclude Merchant from receiving important transactional or relationship messagcsTrom American Express. <br />AS.26 Conversion to American Express Direct Merchant. Merchant acknowledges that it may be converted from American Express Card OptBlue program to a direct relationship with <br />American Expresi if and when its Transaction volumes exceed the eligibility thresholds for the OptBlue program. If this occurs. upon such conversion, (i) Merchant will be bound <br />by American Express' then -current Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by Merchant. <br />A5.27 American Express ns Third Pnrty Benefrcinrv. Notwithstanding anything in the Agreement to the contrary, American Express shall have third -parry beneficiary rights, but not <br />obligations, to the terns of this Agreement applicable to American Express Card acceptance to enforce such terms against Merchant. <br />A528 American Express Ont -Ont. Merchant may opt out of accepting American Express at any time without directly or indirectly affecting is rights to accept Cards bearing Marks of <br />other Card Networks. <br />A5.29 Reload Policies. Merchants refund policies for American Express purchases must be at least as favorable as its refund polity for purchase on any other Card Network, and the <br />refund policy .must be disclosed to Cardholders at the time of purchase and in compliance with Law. Merchant may not bill or attempt to collect from any Cardholder for any <br />American Express Transaction unless a Chargeback has been exercised. Merchant has fully paid for such Chargeback. and it otherwise has the right to do so. <br />A5.30 Establishment Closinn. If Merchant closes any of its Establishments, Merchant must follow these guidelines: (i) notify ISO immediately, (ii) policies must be conveyed to the <br />Cardholder prior to completion of the Transaction and printed on the copy of a receipt or Transaction record the Cardholder signs; (iii) if not providing refunds or exchanges, post <br />notices indicating that all sales arc firer) (e.g., at the front doors, by the cash registers, on the Transaction record and on websites and catalogs ); (iv) return and cancellation policies <br />must be clearly disclosed at the time of sale: and (v) for Advance Payment Charges -or Delayed Delivery Charges, Merchant must either deliver the goods or services for which <br />hlercbant has already charged the Cardholder or issue Credit for any portion of the Transaction for which Merchant has not delivered the goods or services . <br />31 <br />