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46. Glossary
<br />As used in this Agreement, the following terms mean as follows
<br />Address Verification Service ("AVS"): A service provided through which the
<br />merchant verifies the Cardholder's address, in whole or in part. Primarily used by
<br />Mail/Telephone/ Internet order merchants, Address verification is intended to deter
<br />fraudulent transactions, however, an AVS Match does not guarantee that a
<br />transaction is valid. An AVS request should generally be submitted with an
<br />authorization request. The AVS response, if available, however will not impact
<br />whether any associated authorization request is approved or denied. You may be
<br />charged an AVS fee for any AVS request you submit even if we are not able to
<br />provide a response to the request.
<br />Affiliate: Person that, directly or indirectly, (i) owns or controls a party to this
<br />Agreement or (ii) is under common ownership or control with a party to this
<br />Agreement.
<br />Application: the Application for Services executed by you.
<br />Authorization: approval by, or on behalf of, the Issuer to validate a transaction. An
<br />Authorization indicates only that the Issuer has confirmed there is sufficient
<br />availability of funds on the Cardholder's account at the time the Authorization is
<br />requested.
<br />Authorization Approval Code: A number issued to a participating merchant by the
<br />Authorization Center which confirms the Authorization for a sale or service.
<br />Authorization and Capture: Refers to the communication of instructions from your
<br />POS device or other systems to our computer systems, whether the
<br />communications are for authorization requests or any other capture of information.
<br />Authorization Center: A department that electronically communicates a merchant's
<br />request for Authorization on Credit Card transactions to the Cardholder's bank and
<br />transmits such Authorization to the merchant via electronic equipment or by voice
<br />Authorization.
<br />Bank: The bank identified on the Application signed by you.
<br />Bankruptcy Code: Title 11 of the United States Code, as amended from time to
<br />time.
<br />Batch: A single Submission to us of a group of transactions (sales and Credits) for
<br />settlement. A Batch usually represents a day's worth of transactions.
<br />Business Day: Monday through Friday, excluding Bank holidays.
<br />Card: See either Credit Card or Debit Card.
<br />Cardholder: Means the Person whose name is embossed on a Card and any
<br />authorized user of such Card, also referred to as Card Member by American
<br />Express.
<br />Cardholder Information: the data contained on a Card, or otherwise provided to
<br />you, that is required by the Payments Organization or us in order to process,
<br />approve and/or settle a Card transaction, including the names, addresses and Card
<br />account numbers of Cardholders.
<br />Card Not Present Sale/Transaction: A transaction that occurs when the Card is
<br />not present at the point-of-sale, including Internet, mail-order and telephone -order
<br />Card sales.
<br />Card Verification Codes: A three -digit value printed in the signature panel of most
<br />Cards and a four -digit value printed on the front of an American Express Card. Visa'
<br />s Card Verification Code is known as CVV2; Mastercard's Card Verification Code is
<br />known as CVC2; the Card Verification Codes for Discover Network, PayPal and
<br />American Express are known as a Card Identification Numbers (CID). Card
<br />Verification Codes are used to deter fraudulent use of an account number in a non -
<br />face -to -face environment, (e.g., mail orders, telephone orders and Internet orders).
<br />Card Verification Value (CVV)/Card Validation Code (CVC)/Card Identification
<br />Data (CID): A unique value encoded on the Magnetic Stripe of a Card used to
<br />validate Card information during the Authorization process.
<br />Cardholder Verification Method (CVM): A method used to confirm the identity of a
<br />Cardholder and to signify Cardholder acceptance of a transaction, such as
<br />signature, Offline PIN, and Online PIN.
<br />Cash Benefits: An EBT account maintained by an Issuer that represents pre -
<br />funded or day -of -draw benefits, or both, administered by one or more government
<br />entities, and for which the Issuer has agreed to provide access under the EBT
<br />program. Multiple benefits may be combined in a single cash benefit account.
<br />Cash Over Transaction: Dispensing of cash by a merchant in connection with a
<br />Card sale, other than a PIN Debit Card transaction, for the purchase of goods or
<br />services.
<br />Charge or Charges: The total price, including all applicable taxes and gratuities, for
<br />the purchase of goods or services at a merchant for which a Cardholder has signed
<br />a Sales Draft or otherwise indicated intent to pay with a Card.
<br />Chargeback: A Card transaction (or disputed portion) that is returned to us by the
<br />Issuer. Client is responsible for payment to us for all Chargebacks.
<br />Chip: An integrated microchip embedded on a Card containing cardholder and
<br />account information.
<br />Chip Card: A Card with an embedded EMV-compliant chip containing memory and
<br />interactive capabilities used to identify and store additional data about a Cardholder,
<br />an Account, or both.
<br />Claim: Means any claim (including initial claims, counterclaims, cross-claims, and
<br />third party claims), dispute, or controversy between you and us arising from or
<br />relating to the Agreement or prior Card acceptance agreements, or the relationship
<br />resulting therefrom, whether based in contract, tort (including negligence, strict
<br />liability, fraud, or otherwise), statutes, regulations, or any other theory, including any
<br />question relating to the existence,
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<br />validity, performance, construction, interpretai�,�m t�Qfjkermination of the
<br />Agreement or prior Card acceptance agr en a th i nship resulting
<br />therefrom.
<br />Contactless Payment: Payment performed in a Card -Present Environment with a
<br />Contactless card or Payment Device (e.g., Mobile phone) at the Point -of -
<br />Transaction.
<br />Client: The party identified as "Client" on the Application. The words "Subscriber,"
<br />"you" and "your" refer to Client. Also, sometimes referred to as "Merchant."
<br />Credit: A refund or price adjustment given for a previous purchase transaction.
<br />Credit Card: a payment account that is (a) presented to you in various forms
<br />(including cards, fobs, tags, mobile devices, or virtual forms), (b) bears the Mark of a
<br />Payments Organization, and (c) enables the Cardholder to buy goods or services on
<br />credit.
<br />Credit Draft: A document evidencing the return of merchandise by a Cardholder to
<br />a Client, or other refund or price adjustment made by the Client to the Cardholder,
<br />whether electronic, paper or some other form, all of which must conform to Card
<br />Organization Rules and applicable law.
<br />Credit Limit: The credit line set by the Issuer for the Cardholder's Credit Card
<br />account.
<br />Customer Activated Terminal (CAT): A magnetic stripe terminal or chip -reading
<br />device (such as an automatic dispensing machine, Limited Amount Terminal, or Self -
<br />Service Terminal) that is not an ATM.
<br />Data Incident: any actual or potential unauthorized or fraudulent access to (or use,
<br />disclosure, or alteration of) transaction data, whether consisting of a single event, a
<br />continuous course of events, or a series of related events.
<br />Data Incident Expenses: means: (a) any obligations that you have to us arising
<br />from a Data Incident including EMV Upgrade Costs; (b) the costs of a security
<br />assessment conducted by a qualified security assessor approved by a Payments
<br />Organization or PCI to determine the cause and extent of a Data Incident; and (c)
<br />any reasonable fees and expenses incurred by us, or by you with our prior written
<br />consent, for any Mitigation Services specifically approved by us in writing but only if
<br />the Mitigation Services are provided within one (1) year following discovery of the
<br />relevant Data Incident.
<br />Data Usage Charge: Charged to you for our processing of Sales Data sent to us.
<br />Debit Card: a payment account that is (a) presented to you in various forms
<br />(including cards, fobs, tags, mobile devices, or virtual forms), (b) bears the Mark of a
<br />Payments Organization, and (c) enables the Cardholder to buy goods or services by
<br />debiting the Cardholder's bank account or stored value/prepaid account.
<br />Dial -Up Terminal: An Authorization device which, like a telephone, dials an
<br />Authorization Center for validation of transactions.
<br />Discount Rate: A percentage rate and/or amount charged to a merchant for
<br />processing its qualifying daily Credit Card and Non -PIN Debit Card transactions, as
<br />set forth in the Application. Transactions that fail to meet applicable interchange
<br />requirements will be charged additional amounts as set forth in Section 25.1.
<br />Electronic Benefit Transfer (EBT): An Electronic Benefits Transfer system used to
<br />deliver certain government delivered benefits, including without limitation Cash
<br />Benefits and FNS, SNAP and WIC Benefits, to EBT customers.
<br />Electronic Draft Capture (EDC): A process which allows a merchant's Dial -Up
<br />Terminal to receive Authorization and capture transactions, and electronically
<br />transmit them to the Processor. This eliminates the need to submit paper for
<br />processing.
<br />EMV Upgrade Costs: the costs you agree to incur to upgrade payment acceptance
<br />and processing hardware and software to enable you to accept and process EMV-
<br />enabled Cards in a manner compliant with the PCI DSS.
<br />Entity: Means a corporation, partnership, sole proprietorship, trust, association, or
<br />any other legally recognized entity or organization.
<br />Factoring: The submission of authorization requests and/or Sales Drafts by a
<br />merchant for Card sales or cash advances transacted by another business.
<br />Factoring is prohibited.
<br />Fixed Acquirer Network Fee (FANF): Fee that applies to the acceptance of all
<br />Visa branded products and is based on both the size and the number of merchant
<br />locations. The fee will be assessed per merchant Taxpayer ID, based on the
<br />number of merchant locations, Merchant Category Code (MCC), and monthly Total
<br />Gross merchant Sales Volume associated with each Taxpayer ID.
<br />Fraud Full Recourse: One of American Express's Chargeback programs
<br />General Terms: Section of the Program Guide, including any amendments or
<br />modifications.
<br />Gross: When referred to in connection with transaction amounts or fees, refers to
<br />the total amount of Card sales, without set-off for any refunds or Credits.
<br />Imprinter: A manual or electric machine used to physically imprint the merchant's
<br />name and ID number as well as the Cardholder's name and Card number on Sales
<br />Drafts.
<br />Issuer: The financial institution or Card Organization (or other Entity authorized by a
<br />Card Organization) which has issued a Card to a Person.
<br />Limited Amount Terminal: A Customer Activated Terminal that has data capture
<br />only capability, and accepts payment for items such as parking garage fees, road
<br />tolls, motion picture theater entrance, or magnetic -stripe telephones.
<br />Magnetic Stripe: A stripe of magnetic information affixed to the back of a plastic
<br />Credit or Debit Card. The Magnetic Stripe contains essential Cardholder and
<br />account information.
<br />Marks: Names, logos, emblems, brands, service marks, trademarks, trade names,
<br />tag lines or other proprietary designations.
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