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Sub -merchant may set a minimum transaction amount to accept a card that provides access to a credit account, under the following conditions:
<br />(i) the minimum transaction amount does not differentiate between card issuers; (ii) the minimum transaction amount does not differentiate between
<br />MasterCard, Visa, or any other acceptance brand; and (iii) the minimum transaction amount does not exceed ten dollars (or any higher amount
<br />established by the Federal Reserve). Sub -merchant may set a maximum transaction amount to accept a card that provides access to a credit account,
<br />under the following conditions: Sub -merchant is a (i) department, agency or instrumentality of the U.S. government; (ii) corporation owned or controlled
<br />by the U.S. government; or (iii) Sub- merchant whose primary business is reflected by one of the following MCCs: 7992, 7997, 5812 —public golf
<br />course, private golf course or restaurant.; and the maximum transaction amount does not differentiate between MasterCard, Visa, or any other
<br />acceptance brand.
<br />2. Sub -merchant Prohibitions.
<br />Sub -merchant must not (i) require a cardholder to complete a postcard or similar device that includes the cardholder's account number, card
<br />expiration date, signature, or any other card account data in plain view when mailed, (ii) add any tax to transactions, unless applicable law
<br />expressly requires that a Sub -merchant impose a tax (any tax amount, if allowed, must be included in the transaction amount and not collected
<br />separately), (iii) request or use an account number for any purpose other than as payment for its goods or services, (iv) disburse funds in the
<br />form of travelers checks if the sole purpose is to allow the cardholder to make a cash purchase of goods or services from Sub -merchant, (v)
<br />disburse funds in the form of cash unless Sub -merchant is dispensing funds in the form of travelers checks, TravelMoney cards, or foreign
<br />currency (in such case, the transaction amount is limited to the value of the travelers checks, TravelMoney cards, or foreign currency, plus any
<br />commission or fee charged by the Sub -merchant), or Sub -merchant is participating in a cash back service, (vi) submit any transaction receipt for
<br />a transaction that was previously charged back to the acquirers and subsequently returned to Sub -merchant, irrespective of cardholder approval,
<br />(vii) accept a Visa consumer credit card or commercial Visa product issued by a U.S. issuer to collect or refinance an existing debt, (viii) accept
<br />a card to collect or refinance an existing debit that has been deemed uncollectable by Sub -merchant, or (ix) submit a transaction that represents
<br />collection of a dishonored check. Sub -merchant further agrees that, under no circumstance, will Sub -merchant store cardholder data in violation
<br />of the Laws or the Operating Regulations including but not limited to the storage of track -2 data. Neither Sub -merchant nor its Agent shall retain
<br />or store magnetic -stripe data subsequent to the authorization of a sales transaction.
<br />In addition, Sub -merchant may not submit or knowingly permit any cardholder or other user of the Service to submit any transaction that is illegal
<br />or that Sub -merchant should have known is illegal, including but not limited to transactions involving pornography, money laundering, or financing
<br />terrorist activities. Sub -merchant agrees to comply with any and all instructions Provider gives Sub -merchant from time to time regarding payment
<br />processing provided hereunder. Sub -merchant agrees that Provider may investigate and audit Sub -merchant's compliance with this Sub -
<br />Merchant Agreement from time to time, and Sub -merchant agrees to cooperate fully with Provider in any investigation or audit. Sub -merchant
<br />acknowledges and agrees that this paragraph is a material obligation of this Sub -Merchant Agreement.
<br />3. Rates and Settlement.
<br />Provider's current rates for the Provider Services are as set forth on the applicable Order Form between GolfNow and Sub -merchant. Card Present
<br />and Card Not Present transactions are as defined/categorized by Provider. For the avoidance of doubt, Sub -merchant shall be fully and solely
<br />liable for any and all chargebacks, including any excessive chargebacks.
<br />Upon receipt of Sub -merchant's sales data for card transactions, Acquirer will process Sub -merchant's sales data to facilitate the funds transfer
<br />between the various Associations and Sub -merchant. After Acquirer receives credit for such sales data, Provider will provide funding instructions
<br />to Acquirer, and Acquirer will then fund Sub -merchant through Sub -merchant's designated demand deposit account ("Sub -merchant -Owned
<br />Designated Account") and/or Provider through Provider's designated demand deposit account ("Provided Designated Account") as directed. As
<br />applicable, Acquirer will debit the Provider Designated Account and/or Sub -merchant -Owned Designated Account for funds owed to Acquirer as
<br />a result of the Acquirer Services provided hereunder. Further, if a cardholder disputes a transaction, if a transaction is charged back for any
<br />reason, or if Acquirer or Provider reasonably believes a transaction is unauthorized or otherwise unacceptable, the amount of such transaction
<br />may be charged back and debited from Sub -merchant.
<br />Provider, in its sole discretion, may change the following at any time for any reason upon providing Sub -Merchant with thirty (30) days written
<br />notice:
<br />• The blended rate or any other rates charged for the Acquirer Services
<br />• The frequency of settlement
<br />• The chargeback fee
<br />• The rates for any additional surcharges
<br />4. Term and Termination.
<br />Sub -merchant agrees to provide Provider with such information as Provider may request in order to confirm that Sub -merchant is eligible to use
<br />the Acquirer Services, and Sub -merchant agrees that all information Sub -merchant provides to Provider for that purpose will be accurate and
<br />complete. In addition, Sub -merchant will furnish to Provider from time to time, promptly upon Provider's request, (i) a list of the current addresses
<br />of all Sub -merchant's offices, (ii) a list of all assumed business names (d/b/a's) used by Sub -merchant, and (iii) a list of all products and services
<br />provided by Sub -merchant.
<br />Sub -merchant acknowledges that even though Sub -merchant signs up for the payment processing feature of the Service, Sub -merchant is not
<br />guaranteed use of that feature of the Service. The payment processing feature will not be available to Sub -merchant unless and until Provider
<br />has confirmed that Sub -merchant is eligible to use the Acquirer Services and this Sub -Merchant has become binding on all parties, as set forth
<br />in the paragraph below. If that occurs, the services of Provider and Acquirer described herein will be part of the Service and will be provided to
<br />Sub -merchant subject to and in accordance with the Agreement; provided that, if there is any conflict between the terms of this Sub -Merchant
<br />Agreement and the Agreement, then to the extent such terms apply to payment processing, the terms of this Sub -Merchant Agreement shall
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