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DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9
<br />merchant processing activity that is illegal or prohibited by the Card Association Rules or Applicable
<br />Law,
<br />including without limitation merchant processing activity associated with other accounts and/or
<br />processors. Merchant hereby authorizes Depository to release any and all account information to
<br />Global Direct as Global Direct may request without any further authorization, approval or notice from
<br />or to Merchant.
<br />26. FINANCIAL ACCOMMODATION. The acquisition and processing of sales slips hereunder is a
<br />financial accommodation and, as such, in the event Merchant becomes a debtor in bankruptcy, this
<br />Card Services Agreement cannot be assumed or enforced, and Global Direct and Member shall be
<br />excused from performance hereunder.
<br />27. AUTHORIZED USERS. To the extent Merchant is granted electronic access to any systems or portals
<br />of Global Direct, Merchant shall be responsible for (i) ensuring that only authorized users of such
<br />systems or portals access the same; (ii) keeping all logins, user names, and passwords confidential;
<br />and (iii) promptly notifying Global Direct of any unauthorized access of such logins, user names, or
<br />passwords; and (iv) all actions taken by anyone using such access, logins, user names, or passwords,
<br />even if such actions were not authorized by Merchant,
<br />28. TAXES. Merchant shall be solely responsible forthe calculation, collection, and remittance of any sales
<br />tax imposed by any government authority in connection with the provision of Merchant's goods or
<br />services. Unless Merchant is otherwise exempt (and can prove such exemption to Global Direct and/or
<br />Member's satisfaction), Merchant agrees to pay all taxes imposed on the services, equipment, or other
<br />property provided to Merchant pursuant to this Agreement.
<br />29. REPORTING. Merchant acknowledges that, under the Card Association Rules, certain merchant
<br />activity and terminations of merchant processing agreements may result in Global Direct or Member
<br />reporting merchants and their principals for inclusion on a terminated merchant file (e.g., the "MATCH"
<br />list). Merchant, on behalf of itself and its principals, hereby consents to such reporting and waives any
<br />claim related to the same, even in instances where Merchant or its principals believe that reporting to
<br />have been improper or in error.
<br />30. RELATIONSHIP OF THE PARTIES. Merchant designates Global Direct and Member as its agent to
<br />receive payments for transactions processed pursuant to this Card Services Agreement, Neither
<br />Global Direct nor Member, however, shall be considered a partner or fiduciary to Merchant, and nothing
<br />in this Card Services Agreement or the rendition of services related to this Card Services Agreement
<br />shall be deemed to create a joint venture, partnership, or fiduciary relationship between or among the
<br />parties. Rather, the relationship among the parties to this Card Services Agreement is an arm's length
<br />commercial relationship.
<br />31. DEBIT / ATM PROCESSING SERVICES: ADDITIONAL TERMS AND CONDITIONS.
<br />31.1. Debit Sponsor shall act as Merchant's sponsor with respect to the participation of point -of -
<br />sale terminals owned, controlled, and/or operated by Merchant (the "Covered Terminals") in
<br />each of the following debit card networks ("Debit Networks"): Accel, AFFN, Alaska Option,
<br />CU24, Interlink, Maestro, NYCE, Pulse, Shazam, Star, and Tyme, which Debit Networks may
<br />be changed from time -to -time by Debit Sponsor or Global Direct without notice. Merchant may
<br />also have access to other debit networks that do not require a sponsor. Global Direct will
<br />provide Merchant with the ability to access the Debit Networks at the Covered Terminals for
<br />the purpose of authorizing debit card transactions from cards issued by the members of the
<br />respective Debit Networks. Global Direct will provide connection to such Debit Networks,
<br />terminal applications, settlement, and reporting activities.
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