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benefits at any time during which you are not in compliance with the requirements
<br />any EBT Rules.
<br />36.6. Term and Termination. If you are disqualified or withdrawn from the Foo
<br />Stamp Program, your authority to issue benefits will be terminated concurrentl
<br />therewith. Such disqualification or withdrawal will be deemed a breach of thi
<br />Agreement with respect to your authority to issue Cash Benefits and, in the event
<br />such disqualification, we have the right to immediately terminate the provision
<br />service under this Section 30 or the Agreement in its entirety. With respect to th
<br />issuance of Cash Benefits only, your authority to issue Cash Benefits may b
<br />suspended or terminated immediately at the sole discretion of us, the state or it
<br />EBT service provider, effective upon delivery of a notice of suspension o
<br />termination specifying the reasons for such suspension or termination if there will b
<br />(i) any suspension, injunction, cessation, or termination of the EBT service provide
<br />s authority to provide EBT services to the state; (ii) failure by you, upon not less than
<br />thirty (30) days' prior written notice, to cure any breach by you of these terms an
<br />conditions, including without limitation, your failure to support the issuance of EB
<br />benefits during your normal business hours consistent with your normal business
<br />practices, your failure to comply with EBT benefit issuance procedures, you
<br />impermissible acceptance of an EBT Card, or your disqualification or withdrawal
<br />from the Food Stamp Program; or (iii) based on a state's or its EBT service provider'
<br />s investigation of the relevant facts, evidence that you or any of your agents o
<br />employees are committing, participating in, or have knowledge of fraud or theft in
<br />connection with the dispensing of EBT benefits. If you fail to cure any breach as set
<br />forth above, you may appeal such suspension of termination to the applicable state
<br />for determination in its sole discretion.
<br />In the event that your authority to accept benefits is suspended or terminated by a
<br />state or its EBT service provider, and you successfully appeal such suspension or
<br />termination to the state or its EBT service provider, we shall be under no obligation
<br />to reinstate the services previously provided under this Section 30 or the
<br />Agreement, as applicable.
<br />The provision of services under this Section 30 shall terminate automatically if our
<br />agreement or our service provider's agreement with any applicable state's EBT
<br />service provider terminates for any reason.
<br />You will give prompt notice to us if you plan to stop accepting EBT Cards and
<br />providing EBT benefits or if you are unable to comply with the terms of this Section
<br />36.
<br />36.7. Confidentiality of EBT System Information. All information related to EBT
<br />customers and/or the issuance of EBT benefits shall be considered confidential
<br />information.
<br />Individually identifiable information relating to an EBT customer or applicant for EBT
<br />benefits will be held confidential and will not be disclosed by you or your directors,
<br />officers, employees or agents, without prior written approval of the applicable state.
<br />You will: (a) implement appropriate measures designed to: (1) ensure the security
<br />and confidentiality of all non-public personal information or materials regarding
<br />customers ("NPPI"); (2) protect against any anticipated threats or hazards to the
<br />security or integrity of NPPI; (3) protect against unauthorized access to or use of
<br />NPPI that could result in substantial harm or inconvenience to any customer and (4)
<br />ensure the proper disposal of NPPI; and (b) take appropriate actions to address
<br />incidents of unauthorized access to NPPI, including notification to us as soon as
<br />possible.
<br />The use of information obtained by you in the performance of your duties under this
<br />Section 36 will be limited to purposes directly connected with such duties.
<br />36.8. EBT Service Marks. You will adequately display any applicable state's service
<br />Marks or other licensed marks, including the Quest Marks, and other materials
<br />supplied by us (collectively the "Protected Marks") in accordance with the standards
<br />set by the applicable state. You will use the Protected Marks only to indicate that
<br />EBT benefits are issued at your location(s) and will not indicate that we, any state or
<br />its EBT service provider endorse your goods or services. Your right to use such
<br />Protected Marks pursuant to, this Agreement will continue only so long as this _
<br />Section 36 remains in effect or until you are notified by us, any state or its EBT
<br />service provider to cease their use or display. You will not use the Marks of any EBT
<br />service provider without prior written approval from such EBT service provider.
<br />36.9. Miscellaneous.
<br />36.9.1. Errors. You will fully cooperate with us and any other participants in the EBT
<br />system in the resolution of errors and disputes regarding EBT transactions
<br />processed pursuant to this Section 36..You will promptly notify us of any such errors
<br />or disputes.
<br />36.9.2. issuance Records.
<br />I. You agree to make available such informational materials as may be required by
<br />the state, its EBT service provider or any applicable regulations pertaining to the
<br />issuance of Benefits.
<br />ii. You will retain all EBT -related records (including but not limited to manual sales
<br />drafts or vouchers) in the manner required by the EBT Rules or otherwise
<br />reasonably requested by us for three (3) years following the date of the applicable
<br />EBT transaction, or for such additional period as may be required by the EBT Rules.
<br />Records involving matters in litigation will be kept by you for a period of not less
<br />than three (3) years following the termination of the applicable litigation. Copies of
<br />any documents in media other than paper (e.g., microfilm, etc.) related to this
<br />Section 30 may be substituted for the originals to the extent permitted under
<br />applicable EBT Rules and provided that legible paper copies can be reproduced
<br />within a reasonable time after such records are requested.
<br />A TRUE COPY
<br />CERTIFICATION ��O��N LAST PAGE
<br />of iii. You will make all EBT -related recoriia�961e 12f�LZfit upon request to
<br />representatives of the state or its EBT service provider, or other authorized state or
<br />d federal government agency during normal business hours.
<br />y iv. To assure compliance with this Agreement, including without limitation this
<br />s Section 30, the state, its EBT service provider, or other authorized state or federal
<br />of government agency, will at all times, upon advance notice except in the case of
<br />of suspected fraud or other similar activity, have the right to enter, during normal
<br />e business hours, your premises to inspect or evaluate any work performed under this
<br />e Agreement, or to obtain any other information required to be provided by you or
<br />s otherwise related to this Agreement.
<br />r 36.9.3. Training. You will train and permit your employees to receive training
<br />e regarding the issuance of EBT benefits.
<br />36.9.4. Amendments. Notwithstanding anything to the contrary in this Agreement, if
<br />any of these terms and conditions are found to conflict with the EBT Rules or federal
<br />d or state policy, these terms and conditions are subject to reasonable amendment by
<br />T us, a state or its EBT service provider to address such conflict upon written notice to
<br />you and such amendment shall become effective upon such notice.
<br />r 36.9.5. State Action. Nothing contained herein shall preclude a state from
<br />commencing appropriate administrative or legal action against you or for making
<br />any referral for such action to any appropriate federal, state, or local agency.
<br />r 36.9.6. Reference to State. Any references to state herein will mean the state in
<br />which you accept EBT benefits pursuant to this Section 36. If you accept EBT
<br />benefit in more than one state pursuant this Section 36, then the reference will
<br />mean each such state severally, not jointly.
<br />36.9.7. Third Party Beneficiaries. These terms and conditions, do not create, and
<br />will not be construed as creating, any rights enforceable by any person not having
<br />any rights directly under this Agreement, except that the state and its Issuer, as
<br />defined in the Quest Rules, will be deemed third party beneficiaries of the
<br />representations, warranties, covenants and agreements made by you under the
<br />Agreement, including without limitation this Section 36.
<br />37. Special Provisions Regarding Wireless Service
<br />If you elect to purchase the Wireless Services from us as indicated on the
<br />Application, then the following terms and conditions of this Section 37, referred to as
<br />the "Wireless Services Terms," shall apply. THE WIRELESS SERVICES ARE
<br />BEING SOLD TO YOU FOR USE IN BUSINESS AND ARE NOT BEING SOLD TO
<br />YOU FOR HOUSEHOLD OR PERSONAL USE. Sale of Wireless Services is made
<br />by Processor and not the Bank. The Services provided, transactions processed and
<br />other matters contemplated under this Section 37 are subject to the rest of this
<br />Agreement, as applicable, except to the extent the terms of this Section 37 directly
<br />conflict with another section of this Agreement, in which case the terms of this
<br />Section 37 will control; provided, however, that Bank is not a party to this Agreement
<br />insofar as it relates to Wireless Services, and Bank is not liable to you in any way
<br />with respect to such services. For the purposes of this section, the words "we," "our"
<br />and "us" refer only to the Processor and not to the Bank.
<br />Through one or more third party vendors ("Wireless Vendor(s)") selected by us in
<br />our sole discretion, we have acquired the right to resell certain wireless data
<br />communication services that use radio base stations and switching offered by
<br />certain cellular telephone and data networks throughout the country (the "Wireless
<br />Networks") in order to allow you to capture and transmit to Processor and Bank
<br />certain wireless Card Authorization transactions or to transmit other communications
<br />to our system ("Wireless Services").
<br />If you elect to purchase voice and/or data services directly from a third party
<br />provider for use with the Wireless Equipment as permitted by Processor, you
<br />acknowledge and agree that this Agreement does not address or govern those
<br />voice and/or data services or your relationship with that third party provider, and
<br />Servicers are in no way responsible for providing, maintaining, servicing or
<br />supporting such third party -voice and/or data services. -
<br />37.1. Purchase of Wireless Services. The prices that you will pay for the Wireless
<br />Services are set forth on the Application. In connection. with your purchase of
<br />Wireless Services, you will receive access to a certain Wireless Network(s).
<br />• Licenses. You agree to obtain any and all licenses, permits or other authorizations
<br />required by the Federal Communications Commission ("FCC") or any other
<br />regulatory authority, if any, for the lawful operation of Wireless Equipment used by
<br />you in connection with your receipt of Wireless Services. You will promptly provide
<br />us with all such information as we may reasonably request with respect to matters
<br />relating to the rules and regulations of the FCC.
<br />• Wireless Equipment. You agree that in order to access the Wireless Services, you
<br />must use wireless POS Terminals and accessories approved for use with the
<br />Wireless Services by Processor from time to time in its sole discretion (the
<br />"Wireless Equipment"). If Wireless Equipment is purchased by you from us as
<br />indicated on the Application, then the terms of this Agreement apply to your use of
<br />such Wireless Equipment.
<br />• Improvements/General Administration. We and the Wireless Vendor(s) reserve the
<br />right to make changes, from time to time, in the configuration of the Wireless
<br />Services, Wireless Networks, Wireless Equipment, Wireless Software, rules of
<br />operation, accessibility periods, identification procedures, type and location of
<br />equipment, allocation and quantity of resources utilized, programming languages,
<br />administrative and operational algorithms and designation of the control center
<br />serving you at the particular address.
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