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Express or its Affiliates.Except as otherwise specified,Merchant must not disclose Cardmember <br /> Information,nor use nor store it,other than to facilitate Transactions in accordance with this Agreement. <br /> For more information,refer to the Operating Guide, Section 4.2, "Completing a Transaction at the Point of <br /> Sale" and Chapter 8, "Protecting Cardmember Information". <br /> 11. Merchant shall not assign to any third party any American Express-related payments due to it under <br /> this Agreement,and all indebtedness arising from American Express Charges(as defined below)will be for <br /> bona fide sales of goods and services(or both)at its establishments(as defined below)and free of liens, <br /> claims, and encumbrances other than ordinary sales taxes;provided,however,that Merchant may sell and <br /> assign future American Express transaction receivables to FORTE,its affiliated entities and/or any other <br /> cash advance funding source that partners with FORTE or its affiliated entities,without consent of <br /> American Express. <br /> 12. Merchant hereby agrees that American Express shall have third party beneficiary rights,but not <br /> obligations,to enforce this Agreement as against Merchant to the extent applicable to American Express <br /> processing. Merchant understands and agrees that it shall have no third party beneficiary rights under any <br /> agreement between FORTE and American Express and/or Acquirer. Merchant shall maintain refund policies <br /> for purchases on the American Express card that arc at least as favorable as its refund policy for purchases on <br /> any other payment product. Merchant will disclose any such refund policy to Cardmembers at the time of <br /> purchase and in compliance with the Operating Guide and all applicable Laws.Merchant's termination of <br /> American Express Card acceptance shall have no direct or indirect effect on Merchant's rights to accept <br /> other card brands. To terminate American Express acceptance,Merchant may contact FORTE customer <br /> service as described in this Agreement. <br /> 13. Without limiting any other rights provided herein,FORTE and/or Acquirer shall have the right to <br /> immediately terminate Merchant's acceptance of American Express cards upon request of American <br /> Express. Merchant may not bill or collect from any Cardmember for any purchase or payment on the Card <br /> unless a chargeback has been exercised,Merchant has fully paid for such charge, and it otherwise has the <br /> right to do so. Merchant will comply with all procedural requirements relating to chargebacks, as provided <br /> in the Operating Guide,Chapter 11. <br /> 14. American Express Liability. SPONSORED MERCHANT ACKNOWLEDGES AND AGREES <br /> THAT IN NO EVENT SHALL AMERICAN EXPRESS,ITS AFFFILIATES,AGENTS, SUCCESSORS, <br /> OR ASSIGNS BE LIABLE TO SPONSORED MERCHANT FOR ANY DAMAGES,LOSSES,OR <br /> COSTS INCURRED,INCLUDING INCIDENTAL,INDIRECT, SPECULATIVE,CONSEQUENTIAL, <br /> SPECIAL,PUNITIVE,OR EXEMPLARY DAMAGES OF ANY KIND(WHETHER BASED ON <br /> CONTRACT,TORT,INCLUDING NEGLIGENCE, STRICT LIABILITY,FRAUD,OR OTHERWISE, <br /> OR STATUTES,REGULATIONS,OR ANY OTHER THEORY),ARISING OUT OF OR IN <br /> CONNECTION WITH THE AGREEMENT. <br /> *For purposes of clarification, "Merchant"in this Appendix D shall be deemed to be"AGENCY." <br /> 23.0123 <br /> Page 18 <br /> CSG#65915.0 03-19-26 <br />