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

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notification from the Cardholder that the pre-authorization is cancelled or from Bank that the Card covering the Pre-Authorized Recurring Order Transaction is not to be honored; and 4. Merchant shall verify Cardholder's address from the Association network. For telephone or mail order sales, Merchant shall transmit aticket/invoice number and shall perform Address Verification and only accept as approved those Transactions receiving at least a partial match or system unavailable response. 9.3. Prohibited Transactions. Merchant shall not do any of the following with respect to any Transaction: i. Impose a surcharge on a Cardholder who elects to use a Card in lieu of payment by cash, check or other mode of payment; ii. Charge a Cardholder more than the amount the Cardholder would pay if payment were made by cash or check• iii. Establish a minimum or maximum dollar Transaction amount; iv. Obtain multiple authorizations for amounts less than the total credit sale amount; v. Obtain authorization for purposes of setting aside Cardholder's credit line for use in future sales; vi. Make any special charge to or extract any special agreement or security from any Cardholder in connection with any Transaction; vii. Initiate or accept for payment any Transaction which was not originated directly between Merchant and a Cardholder for the sale or lease of goods or the performance of services of the type indicated in Merchant's application for card processing services initially submitted to and approved by Bank; viii. Honor or accept a Card as payment for any legal services or expenses arising out of or related to (1) the defense of any crime other than a traffic violation; (2) any domestic relations matter where such services or expenses are furnished to a person whose name is not embossed on a Card; or (3) any bankruptcy, insolvency, compromise, composition or other process affecting Cardholder's creditors- ix. Use Merchant's own Card, or one to which Merchant has access, to initiate a Transaction for the purpose of obtaining credit for Merchant's own benefit; x. Redeposit a previously charged Transaction, regardless of whether Cardholder consents; xi. Initiate a Transaction credit without a balance in the Operating Account equal to the credit; xii. Use the EPX System or Software and any data received thereon for any other purpose except for determining whether or not Merchant should accept Cards in connection with a current sale or lease of goods or services; xiii. Use the EPX System or Software and data received thereon for credit inquiry purposes or any other purpose not authorized by this Agreement; xiv. Draw or convey any inference concerning a person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living when any Card is processed as non-accepted; xv. Disclose any information obtained through the EPX System or Software to any person except for necessary disclosures to affected Cardholders, Bank, EPX and/or the Issuer; xvi. Add any tax to Transactions unless applicable law expressly requires that Merchant collect such a tax. Any tax, if allowed, must be included in the Transaction amount and not collected separately; xvii. Disburse funds in the form of traveler's checks, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from Merchant; xviii. Disburse funds in the form of cash, except: 1. In the case of a cashback Transaction and in such case the cashback portion of the Transaction is the only portion disbursed as cash; or 2. Merchant is dispensing funds in the form of traveler's checks, Visa TravelMoney Cards or foreign currency. In this case, the Transaction amount is limited to the value of said form of dispensation plus any fee or commission charged to the Merchant. Initials Page ]2 of 79