|
DocuSign Envelope ID: 69E4955D-23F3.4407-84A7-E75FDC837DB9
<br />above referenced documents may be modified and amended from time to time (collectively,
<br />the "Card Association Rules"). Without limiting the generality of the foregoing, Merchant
<br />agrees to comply with and be bound by, and to cause any third party who provides Merchant
<br />with services related to payment processing or facilitates Merchant's ability to accept credit
<br />and debit cards and who is not a party to this Card Services Agreement to comply with and
<br />be bound by, the rules and regulations of Visa, Mastercard, American Express, Discover,
<br />PayPal and any other card association or network organization related to cardholder and
<br />transaction information security, including without limitation, all rules and regulations imposed
<br />by the Payment Card Industry (PCI) Security Standards Council (including without limitation
<br />the PCI Data Security Standard), Visa's Cardholder Information Security Program,
<br />Mastercard's Site Data Protection Program, and Payment Application Best Practices, which,
<br />as may be modified and amended from time to time, will constitute Card Association Rules
<br />as used herein. Merchant also agrees to cooperate at its sole expense with any request for
<br />an audit or investigation by Global Direct, Member, a card association or network organization
<br />in connection with cardholder and transaction information security.
<br />3.2. Without limiting the generality of the foregoing, Merchant agrees that it will use information
<br />obtained from a cardholder in connection with a card transaction solely for the purpose of
<br />processing a transaction with that cardholder or attempting to re -present a chargeback with
<br />respect to such transaction consistent with the Card Association Rules. Merchant will
<br />indemnify and hold Global Direct and Member harmless from any liability assessments
<br />(sometimes referred to as "fines" and "penalties") issued by Visa, Mastercard, American
<br />Express, Discover, PayPal or any card association or network organization and any other
<br />fees and costs arising out of or relating to the processing of transactions by Global Direct and
<br />Member at Merchant's location(s) and will reimburse Global Direct for any losses incurred by
<br />Global Direct with respect to any such liability assessments, fees and costs.
<br />3.3. Without limiting the generality of any other provision of this Card Services Agreement,
<br />Merchant also agrees that it will comply with all applicable federal, state, and local laws, rules,
<br />ordinances, and regulations (collectively, "Applicable Laws"), including those related to both
<br />(a) the truncation or masking of cardholder numbers and expiration dates on transaction
<br />receipts from transactions processed at Merchant's location(s), including without limitation the
<br />Fair and Accurate Credit Transactions Act and applicable state laws ("Truncation Laws")
<br />and (b) the collection of personal information from a cardholder in connection with a card
<br />transaction, including all applicable state laws ("Laws on Collection of Personal
<br />Information"). As between Merchant, on the one hand, and Global Direct and Member, on
<br />the other hand, Merchant shall be solely responsible for complying with all such laws, rules,
<br />ordinances, and regulations, including the Truncation Laws and Laws on Collection of
<br />Personal Information and will, to the maximum extent not prohibited under applicable law,
<br />indemnify and hold Global Direct and Member harmless from any claim, loss or damage
<br />resulting from a violation of the same as a result of transactions processed at Merchant's
<br />location(s).
<br />3.4. Global Direct may, from time to time, issue written directions (via mail or Internet) regarding
<br />procedures to follow and forms to use to carry out this Card Services Agreement. These
<br />directions and the terms of the forms are binding as soon as they are issued and shall form
<br />part of these Card Services Terms & Conditions. Such operating regulations and rules may
<br />be reviewed upon appointment at Global Direct's designated premises and Merchant
<br />acknowledges that it has had the opportunity to request a review and/or review such operating
<br />regulations and rules in connection with its execution of this Card Services Agreement.
<br />4. MARKETING. Merchant shall adequately display the card issuer service marks and promotional
<br />materials supplied by Global Direct. Merchant shall cease to use or display such service marks
<br />
|