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

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8. A setoff or counterclaim of any kind exists in favor of any Cardholder against Merchant that may be asserted in defense of an action to enforce payment against the Cardholder in a Transaction; 9. The Transaction was made at or by a Merchant other than Merchant named in this Agreement; 1 O. The Transaction otherwise violates the terms of this Agreement or any other Association or Issuer bylaw, rule, regulation, policy or guideline; 1 1. A Transaction is charged back by an Issuer; or 12. Any representation or warranty made by Merchant in connection with the Transaction is false or inaccurate in any respect. In any such case, Bank shall not be obligated to accept a Transaction for credit to the Operating Account. If Bank has credited the Operating Account or Reserve Account for such a Transaction, Bank may return the Transaction to the Merchant, and Bank shall recover the amount of the Transaction from either aforementioned account. Merchant agrees that Bank, without prior notice to Merchant, may: 1. Charge the amount of the Transaction to the Operating Account or Reserve Account; 2. Recoup the amount of the Transaction by adjustment of the credits due to Merchant- or 3. Set off the amount of the Transaction against any account or property Bank holds for or on behalf of Merchant. 5. Compliance. 5.1. Associations' and Issuers' Requirements. Merchant shall comply with all bylaws, rules, regulations, policies and guidelines of the Associations and any Issuer whose Cards are used to process Transactions in accordance with this Agreement. EPX agrees to keep Merchant advised of Association rules and regulations as they are applied. 5.2. Use of Marks. Merchant will display prominently at its place of business Card emblems and other promotional material and literature provided by Bank directly or through EPX. Subject to the prior written consent of Bank and upon such conditions as authorized by Bank, Merchant may use Card service marks or design marks in its own advertisement and promotional materials. 53. Payment Card Industry Securit?quirements. Merchant agrees to be compliant, ,with applicable PCI requirements, in accordance with Payment Card Industry Data Security Standards (PCI) for protecting Cardholder data as amended by the Associations from time to time. i. Visa, MasterCard and Discover have implemented a program to ensure the protection of cardholder data, whether processed, transmitted or stored, through a program of validation and compliance. Known as PCI, information about the program and specific requirements can be obtained at www.visa.com/cisn. The program is comprised of 12 major requirements: 1. Install and maintain a firewall configuration to protect data 2. Do not use vendor-supplied defaults for system passwords and other security parameters 3. Protect stored data 4. Encrypt transmission of cardholder data and sensitive information across public networks 5. Use and regularly update anti-virus software 6. Develop and maintain secure systems and applications 7. Restrict access to data by business need-to-know 8. Assign a unique ID to each person with computer access 9. Restrict physical access to cardholder data 1 O. Track and monitor all access to network resources and cardholder data 1 1. Regularly test security systems and processes 12. Maintain a policy that addresses information security Initials Page 6 of 19