BANCORP BANK (THE); PHOENIX PAYMENT SYSTEMS, INC. DBA ELECTRONIC PAYMENT EXCHANGE (EPX)

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`-~? ???? N-2012-146 ??? The S?ncor B nlc ? 7 ? 2012 ? EPX MERCHANT AGREEMENT e/ectronic payment exchange Q-. F MS /-Trea?v? ?Z? Chr?sfine Oua e Phoenix Payment Systems, Inca doing business as Electronic Payment Exchange, a Delaware Corporation, whose address is 1201 N. Market Street, Suite 701, Wilmington, DE 19801 ("EPX"), The Bancorp Bank ("Bank"), a Delaware Corporation, whose address is 405 Silverside Road, Suite 1 O5, Wilmington, DE 19809 and City of Santa Ana, whose address is 20 Civic Center Plaza, Santa Ana, CA 92701 ("Merchant"), agree as follows: 1. Definitions. For the purposes of this Agreement and the Schedules referred to herein, the following definitions apply unless the context otherwise requires: 1.1. "Address Verification" shall mean a service which allows Merchant to verify Cardholder's billing address with Issuer. 1.2. "Association(s)" shall mean VISA USA, Inc., MasterCard International, Inc. and Discover Network, a business unit of Discover Financial Services. 1.3. "Authorization" shall mean an affirmative response by or on behalf of an Issuer, to a request to the EPX System to effect a Transaction, that a Transaction is within the Cardholder's available credit limit and-that the Cardholder has not reported the Card lost or stolen. All Transactions require Authorization. 1.4. "BRIG" shall mean BuyerWall Recognized Identification Code. The BRIG provides future transaction functionality typically associated with the storage of cazdholder data. 1.5. "Business Day" shall mean any day other than: i. Saturday or Sunday; ii. A day on which banking institutions in Delaware are authorized by law or executive order to be closed (and on which Bank and/or EPX is in fact closed); or iii. A day on which the Federal Reserve Bank is closed. 1.6. "BuyerWall" shall mean the EPX patent pending technology that utilizes the EPX hosted front-end applications in conjunction with a unique transaction identifier allowing Merchant to eliminate contact with credit card numbers during the processing, transmission and storage of data. 1.7. "Card(s)" shall mean either a Visa, MasterCazd or Discover credit card or debit card. 1.8. "Cardholder" shall mean a person authorized to use a Cazd. 1.9. "Cazd-Not-Present" shall mean mail order, telephone order, e-commerce (Internet) order, or other transactions that are not Card-Present Transactions. 1.10. "Card-Present Transaction" shall mean a Transaction in which the Card is swiped through a terminal, register or other device, capturing the Card information encoded on the magnetic strip- 1.1 1. "Chazgeback" shall mean a Transaction that Bank returns to Merchant pursuant to this Agreement. 1.12. "CW" shall mean a service which allows Merchant to verify Cardholder's possession of Card through the identification of unique digits on Card. 1.13. "EPX System(s)" shall mean payment processing platform. Initials Pa??e 1 of l9