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Express or its Affiliates. Except as otherwise specified,Merchant must not disclose Cardmcmber Information,nor use nor store it, other than to facilitate Transactions in accordance with this Agreement. For more information,refer to the Operating Guide, Section 4.2, "Completing a Transaction at the Point of Sale" and Chapter S, "Protecting Cardmernber Information". 11. Merchant shall not assign to any third party any American Express-related payments due to it under this Agreement,and all indebtedness arising from American Express Charges(as defined below)will be for bona fide sales of goods and services (or both)at its establishments(as defined below)and free of liens, claims, and encumbrances other than ordinary sales taxes;provided,however,that Merchant may sell and assign future American Express transaction receivables to FORTE,its affiliated entities and/or any other cash advance funding source that partners with FORTE or its affiliated entities,without consent of American Express. 12. Merchant hereby agrees that American Express shall have third party beneficiary rights,but not obligations,to enforce this Agreement as against Merchant to the extent applicable to American Express processing. Merchant understands and agrees that it shall have no third party beneficiary rights under any agreement between FORTE and American Express and/or Acquirer. Merchant shall maintain refund policies for purchases on the American Express card that are at least as favorable as its refund policy for purchases on any other payment product. Merchant will disclose any such refund policy to Cardmembers at the time of purchase and in compliance with the Operating Guide and all applicable Laws.Merchant's termination of American Express Card acceptance skull have no direct or indirect effect on Merchant's rights to accept other card brands. To terminate American Express acceptance,Merchant may contact FORTE customer service as described in this Agreement. 13. Without limiting any other rights provided herein,FORTE and/or Acquirer shall have the right to inmrediately terminate Merchant's acceptance of American Express cards upon request of American Express. Merchant may not bill or collect from any Cardmember for any purchase or payment on the Card unless a chargeback has been exercised,Merchant has fully paid for such charge,and it otherwise has the right to do so. Merchant will comply with all procedural requirements relating to chargebacks, as provided in the Operating Guide,Chapter 11. 14. American Express Liability. SPONSORED MERCHANT ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AMERICAN EXPRESS,ITS AFFFILIATES,AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO SPONSORED MERCHANT FOR ANY DAMAGES,LOSSES,OR COSTS INCURRED, INCLUDING INCIDENTAL,INDIRECT, SPECULATIVE,CONSEQUENTIAL, SPECIAL,PUNITIVE, OR EXEMPLARY DAMAGES OF ANY IUD(WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY,FRAUD,OR OTHERWISE, OR STATUTES,REGULATIONS, OR ANY OTHER THEORY),ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT. For purposes of clarification, "Merchant"in this Appendix D shall be deemed to be"AGENCY." 23.01.23 FRge 1S CSGit65915.0 03-19 26