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• A privacy statement regarding the type of personal information collected and how the information is
<br /> used.Additionally,Merchant must provide to customers the option to decline being included in
<br /> marketing campaigns or having their personal information included on lists sold to third parties.
<br /> 6. Merchant hereby agrees that,in the event that Merchant becomes a High Charge Volume Merchant(as
<br /> defined below),Merchant will be converted from the American Express Program to a direct American
<br /> Express Card acceptance relationship with American Express, and upon such conversion, (1)Merchant will
<br /> be bound by American Express' then-current card acceptance agreement,and(11)American Express will set
<br /> pricing and other fees payable by Merchant for American Express Card acceptance. "High Charge Volume
<br /> Merchant" for purposes of this section means an American Express Program Merchant with either(1)greater
<br /> than$1,000,000 in American Express charge volume in a rolling twelve (12)month period or(11)greater
<br /> than$100,000 in American Express charge volume in any three(3)consecutive months. For clarification,if
<br /> Merchant has multiple establishments,the American Express charge volume from all establishments shall be
<br /> summed together when determining whether Merchant has exceeded the thresholds above_
<br /> 7. Except as expressly permitted by applicable Law,Merchant must not: (a)indicate or imply that
<br /> Merchant prefers, directly or indirectly, any Other Payment Products over the Card, (b)try to dissuade
<br /> Cardmembers from using the Card, (c)criticize or mischaracterize the Card or any of American Express'
<br /> services or programs, (d)try to persuade or prompt Cardmembers to use any Other Payment Products or any
<br /> other method of payment(e.g.,payment by check), (e)impose any restrictions, conditions, disadvantages,
<br /> or fees when the Card is accepted that are not imposed equally on all other payment products,except for
<br /> electronic funds transfer, cash or check, (f)suggest or require Cardmembers to waive their right to dispute
<br /> any Transaction, (g) engage in activities that harm American Express'business or the American Express
<br /> Brand(or both), (h)promote any Other Payment Products(except, if applicable, Merchant's own private
<br /> label card that it issues for use solely at its Establishments)more actively than Merchant promotes the Card,
<br /> or(i)convert the currency of the original sale Transaction to another currency when requesting
<br /> Authorization or submitting Transactions (or both).
<br /> 8. Merchant may offer discounts or in-kind incentives from its regular prices for payments in cash,
<br /> ACH funds transfer, check, debit card, or credit/charge card,provided that(to the extent required by
<br /> applicable Law): (1)Merchant clearly and conspicuously discloses the terms of the discount or in-kind
<br /> incentive to its customers, (ii)the discount or in-kind incentive is offered to all of Merchant's prospective
<br /> customers, and(Ili)the discount or in-kind incentive does not differentiate on the basis of the Issuer or,
<br /> except as expressly permitted by applicable state statute,payment card network(e.g.,Visa,MasterCard,
<br /> Discover, JCB,American Express).The offering of discounts or in-kind incentives in compliance with the
<br /> terms of this paragraph will not constitute a violation of the provisions set forth Section 3.2 of the Operating
<br /> Guide.
<br /> 9. Whenever payment methods are communicated to customers, or when customers ask what
<br /> payments are accepted,Merchant must indicate its acceptance of the Card and display American Express'
<br /> Marks(including any Card application forms provided to Merchant) as prominently and in the same manner
<br /> as any Other Payment Products.Merchant must not use American Express'Marks in any way that injures or
<br /> diminishes the goodwill associated with the American Express Mark,nor in any way(without American
<br /> Express'prior written consent)indicate that American Express endorses Merchant's goods or services.
<br /> Merchant shall use the American Express brand and marks in accordance with the requirements set forth in
<br /> the Operating Guide and shall remove the American Express brand and marks from Merchant's website and
<br /> wherever else they are displayed upon termination Merchant's acceptance of American Express cards.
<br /> 10. Any and all Cardmember Information is confidential and the sole property of the Issuer,American
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