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Docu&gn Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9
<br />that the signature on the sales slip will be genuine and authorized by cardholder and not
<br />forged or unauthorized; (f) that Merchant has taken all reasonable steps to verify the identity
<br />of the cardholder and the genuineness of the card and the transaction; (g) that the sales
<br />transaction shall have been consummated and the sales slip prepared in full compliance with
<br />the provisions of the Card Association Rules; (h) provided that Merchant has not indicated on
<br />the Merchant Application that it accepts mail order, telephone order, or internet-based
<br />transactions, that none of the sales transactions submitted hereunder represent sales by
<br />telephone, or mail; or Internet, or where the card is not physically present at the Merchant's
<br />location and swiped through Merchant's terminal, unless Merchant is specifically authorized
<br />in writing by Global Direct to submit such sales slips for purchase, (1) to the extent Merchant
<br />has indicated on the Merchant Application that it accepts mail order, telephone order, or
<br />internet-based transactions, Merchant shall not submit such a transaction to Global Direct
<br />and Member for processing until the goods and/or services are shipped or performed, as
<br />applicable, unless otherwise permitted by the card associations or network organizations, (j)
<br />that sales transactions submitted hereunder for purchase representing sales to any principal,
<br />partner, affiliate, or proprietor of Merchant shall not constitute an unreasonable portion of
<br />Merchant's transactions relative to the Merchant's legitimate business requirements, (k) that,
<br />without limiting the generality of the foregoing, each sales transaction submitted hereunder
<br />and the handling, retention, and storage of information related thereto, will comply with the
<br />Card Association Rules, and that all of the information contained in this Card Services
<br />Agreement (including the Merchant Application) is true and correct. In the event that any of
<br />the foregoing warranties or representations is breached, the affected sales slips or other
<br />indebtedness may be refused, or prior acceptance revoked and charged back to the
<br />Merchant. Furthermore, if Merchant submits for purchase hereunder a sales transaction that
<br />is not the result of a sale of Merchant's goods or services offered to the general public or if
<br />Merchant submits any sales transactions for purchase hereunder which represents an
<br />unreasonable sales transaction to any principal, partner, or proprietor, of Merchant, such
<br />sales transaction may be refused or charged back.
<br />10.2. Merchant must notify Global Direct if Merchant elects to use the terminal service of American
<br />Express, Novus, or any other third -party provider, If Merchant elects to use a third -party
<br />terminal provider, that provider becomes Merchant's agent for the delivery of card
<br />transactions to Global Direct via the applicable card -processing network. Global Direct and
<br />Member shall have no responsibility for or liability in connection with any hardware, software
<br />or services Merchant receives from a third party agent, even if Global Direct collects monies
<br />with respect to such hardware, software or services. Neither Global Direct nor Member makes
<br />any representation or warranty with respect to such agent's access to or ability to integrate
<br />with the products, services, and systems of Global Direct and any such access or ability may
<br />terminate at any time and Global Direct shall have no obligation to advise Merchant of such
<br />termination. Merchant agrees to assume full responsibility and liability for any failure of such
<br />agent to comply with the Card Association Rules, including without limitation any violation,
<br />which results in a chargeback to the Merchant. Global Direct and Member have no
<br />responsibility for any card transactions until it receives data for the card transaction in the
<br />format required by Global Direct. Merchant also agrees that the obligation hereunder to
<br />reimburse the Merchant for the value of the card transactions captured by an agent is limited
<br />to the value of the transactions (less applicable fees) received by the card -processing network
<br />from the agent.
<br />10.3. Neither Member, nor Global Direct, nor any Supplier makes any representations or
<br />warranties, express or implied, including without limitation any warranty of
<br />merchantability or fitness for a particular purpose with respect to any terminal, any
<br />equipment, software or services leased, sold, or otherwise furnished hereunder.
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