TSYS MERCHANT SOLUTIONS, LLC, DBA GLOBAL PAYMENTS, INC.

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MERCHANT CARD PROCESSING AGREEMENT PLEASE READ SECTION 20 ("ATTORNEY FEES; ARBITRATION; CLASS ACTION WAIVER-) CAREFULLY AS IT RELATES TO ARBITRATION AND CLASS ACTIONS While all terms in this Merchant Agreement are important, here is a summary of some sections on which we occasionally receive quesfiom. These are common clauses in merchant processing agreements throughout our industry. • The introductory paragraphs explain that the Merchant Agreement consists of other documents in addition to this Merchant Agreement. • We can amend your Merchant Agreement by providing you with 15 days' notice or, under certain circumstances, with less than 15 days' notice (see section 10). • Unless confined otherwise on your application, the initial term of this Merchant Agreement is three years. If you terminate early without cause, you may be required to pay an early termination fee (see section 11). • The proceeds you receive from transactions are provisional credits. We can charge or debit your settlement account to recover these provisional credits. We can also debit your Settlement Account to recover other amounts that you may owe us (see Section 12). • If you dispute any charge or funding, you must ra fify us within 30 days of the date of the statement (scesection 12.5). • In some circumstances, we may require the establishment of a reserve account with us so we can mitigate risks. Section 13 explains haw that reserve account will be funded and how we may use money in that account. • Our processing fees am set out in detail in the Merchant Application. We may change these fees, but must ordinarily notify you before doing so (see Section lb). • This agreement contains an arbitration clause (see Section 20.2) and a class action waiver (see Section 20.3). • This agreement is a complete and final agreement between us. It supersedes any previous negotiations we may have had on the services and products. (Section 21). This Merchant Card Processing Agreement ("MPA") is for merchant card payment processing services among the merchant ("Merchant") that signed the Application for Merchant Card Processing ("Merchant Application"), Member Bank, and Processor. The Merchant Application and the MPA are part of the "Merchant Agreement' m defined below. Subject to the requirements of the Operating Rules, Processor and Member Bank reserve the right to allocate duties and obligations amongst themselves as they agree appropriate in their sale discretion, and Member Bank or Processor may jointly or individually assert or exercise any rights or remedies provided hereunder. If Merchant wishes to address any act or omission by, or make or bring any claim or action against, Merchant Bank or Processor relating m this Merchant Agreement, it shall first discuss such issue with Processor prior to making or bringing any claim m action against Member Bank (in which case Processor shall address the issue as agreed with Member Bank). Member Bank is responsible for sponsoring Merchant with Visa and Mastercard, and for settlement of Merchant sales funds. Unless otherwise noted, all other products, services and obligations to Merchant am the sole responsibility of Processor. VISA®, Inc. ("Visa") and Mastercard® International, Inc. ("Mastercard"), the Discover® Network ("Discover'), and the American Express® Network ("American Express") am collectively known herein as the "Card Associations." If elected by Merchant on the Merchant Application, Processor will settle American Express® Card and Discoverb Network transactions in accordance with the tens set forth in the Merchant Application and in doing so, Processor does not mpresent or indicate in any way that Member Bank sponsors Processor into the American Express Network and Discover Network. If Merchant elects and is approved to participate in the American Express OptBlue Program, Merchant agrees to comply with the American Express OptBlue Merchant Operating Guide, which may be accessed at www.americansxoress.con✓merchantooeuide. Member Bank does not sponsor Processor into the American Express Network and Discover Network, is not providing or agreeing to provide Merchant any services hereunder with respect to American Express Card and Discover Network Cud transactions, does not determine or approve or agree upon any fees, charges, pricing, or any other terms and conditions, relating to American Express Card and Discover Network Card transactions, and has no responsibility or liability to Merchant for American Express Card and Discover Network Card transactions. Nor does Member Bank provide magree to provide Merchant any services hereunder or have any responsibility or liability to Merchant with respect to any PIN -based debit or stored value or electronic benefit transfer transactions (except only to the extent, if any, required under Visa's or Mastercard's Operating Rules or mandatory provisions of applicable law), or any PayPal transactions, JCS, Carte Blanche, or other Card type transactions (other than Visa and Mastercard Credit and non -PIN based debit/stored value /electronic benefit transactions, including any such transactions made with Diner's International Cards which also tarty the Mastercard Mark and are processed as Mastercard transactions), any CramCbeck or other Check Services transactions, merchant gift or loyalty card transactions, or any other services specified in the Merchant Application as covered in whole or in part by this Agreement but as not being provided by Member Bank. No reference to Member Bank herein shall be deemed to create any obligations or liability of Member Bank with respect to American Express Card or American Express Network transactions or Discover Network Cards or Discover Network Card transactions, or to any of the other types of Cards, transactions or services referred to above or in the Merchant Application as not being provided by Member Bank. The appendices, addenda (including but not limited to the ACH Addendum, and Petro Addendum if applicable), schedules, Fee Schedule, applicable product or services terms as indicated on the Merchant Application, and ACH Terms and Conditions that accompany this MPA, as amended from time to time as provided herein, areparto£the terms and conditions of this MPA, as are the Merchant Application and the Operating Rules, and are hereinafter individually and collectively referred to as the "Merchant Agreement." The Operating Rules for Visa am located at htms://usa.visa.cam/sumeurl/eonsumer/visa-mleshtml, and the Operating Rules for Mastercard are located at https://www.mast=ard.us/en- us/business/overview/support/mles.html. Capitalized terms used in this Merchant Agreement which are not defined herein shall have the meaning given to them in the Merchant Application, which is incorporated by reference into this Agreement and may be amended from time to time by Merchant Bank or Processor upon notice to Merchant. According to the processing services selected by Merchant on the Merchant Application and, in accordance with the tens of this Merchant Agreement and applicable Operating Rules, Merchant agrees to participate in Processor's Card processing program by honoring Cards in accordance with this Merchant Agreement; and to submit Transaction Receipts, Credit Transaction Receipts and other electronic data to Processor for the Card Program services provided by Processor. With respect to Visa and Mastercard Transactions: Member Bank is responsible for providing settlement funds directly to Merchant, and Processor shall not have access to or hold settlement funds. 1. MERCHANT'S APPLICATION AND INFORMATION. By completing the Merchant Application, Merchant applies for the Card Program services covered by the Merchant Application and the Merchant Agreement. In their sole and absolute discretion, Processor and/or Member Bank may accept or reject Merchant's Merchant Application. Merchant may present Transactions to Processor only for the activities and in the volumes described on the Merchant Application, including the percentage of Mail/Phone Order and Electronic Commerce Transactions. The earlier date of the presentation of the first Transaction, including any test Transaction, by Merchant to Processor or the date Processor approves the Merchant Application signifies the effective date of the Merchant Agreement (the "Effective Date'). By either Merchant's signature on the Merchant Application or Merchant's processing Transaction (including a test Transaction) with Processor, Merchant affirmatively accepts and agrees to be bound by the Merchant Agreement, 2. MERCHANT'S GENERAL DUTIES. 2.1 General. Merchant will comply with the Merchant Agreement for submitting and processing Transactions with Processor. Processor is responsible to Merchant for processing Transactions under the Operating Rules for the Card Program services to which Merchant subscribes, which may vary among Card types. 2.2 Merchant's Responsibility for Acts of Others. Merchant, and not Member Bank or Processor, is responsible for any advice Tram, acts of, as well as omissions, acts of fraud or acts of misconduct by, Merchant's employees, processors, consultants, advisors, contractors, Merchant Servicers, Agents, officers and directors. Merchant, and not Member Bank or Processor, is responsible for the use, unauthorized use or misuse of Merchant's equipment, POS Equipment, or software. 2.3 Electronic and Paperless Notices and Disclosures. Merchant consents to receiving electronically rather than in paper fort all written notices, disclosures and other documents ("Documents") which are to be provided by Processor to Merchant under the Merchant Agreement. Processor will notify Merchant that a Document is available at Processor's web site with a link to that specific page of the web site containing the Document. Merchant agrees that such notification may be sent to Merchant at the e-mail address provided as part of the Merchant Application. By Merchant affirmatively checking the box to consent to receive paperless delivery of IRS Notices on the Merchant Application, if applicable, Merchant acknowledges that it has reviewed and received the Consent to Paperless Delivery of IRS Notices, located at http://www.tsys.com/documents.html and that Merchant consents and agrees to receive IRS notifications by paperless delivery. Merchant understands and acknowledges that access to the Internet and e-mail are required for Merchant to access Documents electronically or by paperless delivery and Merchant confirms that Merchant has such access. Merchant understands that there are costs related to accessing Documents electronically or by paperless delivery and Merchant agrees that Merchant is responsible for these related access costs. Al any time, and without giving Merchant advance notice, Member Bank and/or Processor may elect not to send a Document electronically or by paperless delivery, in which case a paper copy of the Document will be sent to Merchant at Merchant's last known address, as provided by Merchant, or such Document shall otherwise be provided as provided for herein. 3. PROCEDURES FOR CARD TRANSACTIONS. 3.1 Honoring Cards. (a) Limited Acceptance. If appropriately indicated herein, Merchant shall be a Limited Acceptance Merchant, which means that Merchant has elected to accept only certain Visa and Mastercard card types as indicated on the Merchant Application, or via later notification. The Visa or Mastercard Credit acceptance option on the Merchant Application refers to Visa Credit and Business transactions, and is what Mastercard refers to as "Other Card" transactions. Notwithstanding anything to the contrary in the Application, Merchant can elect (i) to accept only Visa or Mastercard non -PIN based debit/stored value/electronic benefit transactions (sometimes referred to as "signature debit" transactions, whether or not an actual signature is required), or (ii) to accept only Visa or Mastercard Credit transactions, or (iii) to accept all Visa or Mastercard Credit and signature debit transactions; provided, however, that a Merchant who accepts any Visa or Mastercard Card types must accept all valid Visa or Mastercard Card types issued by a non-U.S. issuer. Merchant is not required Page 1of 10 IINIVMERAGMTv22.0421