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ACCOUNT to cover debit transactions. By signing this AGREEMENT, MERCHANT states that it has authority to agree to such <br />transactions and that the DESIGNATED ACCOUNT indicated is a valid and legitimate account for the handling of these transactions. <br />This authority is to remain in effect until BANK and/or TMS receives written notice from MERCHANT revoking it. This authorization is <br />for the payment of SALES, returns and FEES, CHARGEBACKS, or any other sums owed between the PARTIES. MERCHANT also <br />certifies that the appropriate authorizations are in place to allow MERCHANT to authorize this method of settlement. All changes to the <br />identification of the DESIGNATED ACCOUNT under this authorization must be made in writing in accordance with AGREEMENT. <br />MERCHANT agrees that if the DESIGNATED ACCOUNT is an IBA and MERCHANT closes the IBA, the DESIGNATED ACCOUNT <br />shall become the Home Account without further written notification and these instructions will apply. MERCHANT understands that if <br />the information supplied as to the ABA Routing Number and Account Number of the DESIGNATED ACCOUNT is incorrect, and funds <br />are incorrectly deposited, BANK and/or TMS will attempt to assist MERCHANT in the recovery of such funds but has no liability as to <br />restitution of the same. BANK's and/or TMS's assistance in recovering the funds, where available, will be billed to MERCHANT at <br />BANK's and/or TMS's current hourly rate for such work. MERCHANT acknowledges that the origination of ACH transactions to the <br />DESIGNATED ACCOUNT must comply with the provisions of U.S. law. <br />ASSOCIATION RULES <br />NOTICE: This information is a summary of common ASSOCIATION regulations; however card acceptance, processing and <br />chargeback procedures are subject to change. If there are any differences between the ASSOCIATIONS' regulations and <br />these RULES, the ASSOCIATIONS' regulations will prevail in every instance. To the extent these RULES or the <br />ASSOCIATIONS' regulations conflict with applicable local, state, or federal laws, rules, or regulations, such local, state, or <br />federal laws, rules or regulations shall govern. The ASSOCIATIONS publish summaries of the regulations for merchants. <br />Some of these summaries may be accessed at www.visa.com and www.mastercard.com, while AMERICAN EXPRESS and <br />DISCOVER regulations may be accessed atwww.tsystransactionsummary.com. <br />ASSOCIATION CARD ACCEPTANCE PROCEDURES <br />1. Honor All CARDS: <br />11 MERCHANT shall honor all CARDS issued by an ASSOCIATION, when presented in accordance with these RULES, for the <br />purchase of goods or services by an authorized holder of CARD or in processing a request for credit resulting from such a <br />transaction, unless MERCHANT provides TMS and BANK with a thirty (30) day written notice that it no longer wishes to accept <br />either credit or debit cards, including check or prepaid cards (i.e., non-PIN based debit). If MERCHANT has provided such notice <br />to TMS and BANK, upon the expiration of the thirty (30) day notice period, MERCHANT will no longer be required to accept such <br />cards. <br />1.2 If a cardholder presents a VISA CARD that is in the MERCHANT's category of acceptance and that bears a mark representing <br />another payment service: (i) MERCHANT must honor the cardholder's request if the cardholder indicates that the transaction is <br />to be processed as a VISA transaction and (ii) MERCHANT may process the transaction as something other than a VISA <br />transaction despite an initial indication by the cardholder that the transaction is to be processed as a VISA transaction, but only if <br />the cardholder agrees that the transaction may be processed as something other than a VISA transaction. MERCHANT may not <br />mislead the cardholder concerning what payment service or system will be used. These rules do not require MERCHANT to <br />explain any loss of consumer rights if the transaction is not processed as a VISA transaction, but if MERCHANT provides any <br />information on this topic, that information must be accurate. <br />1.3 PROHIBITIONS -A MERCHANT must not: <br />A. Accept cardholder payments for previous Visa Card or Visa Electron Card charges incurred at the MERCHANT location; <br />B. Establish a minimum or maximum Transaction amount as a condition for honoring a Visa Card or Visa Electron Card; <br />C. Require a cardholder to complete a postcard or similar device that includes the cardholder's account number, card expiration <br />date, signature, or any other card account data in plain view when mailed, <br />D. Add any surcharge to transactions; <br />E. Add any tax to transactions, unless applicable law expressly requires that a MERCHANT be permitted to impose a tax. Any <br />tax amount, if allowed, must be included in the transaction amount and not collected separately; <br />F. Enter into interchange any transaction receipt for a transaction that was previously charged back and subsequently returned <br />to the MERCHANT irrespective of cardholder approval. The MERCHANT may pursue payment from the customer outside <br />the VISA system; <br />G. Request or use an account number for any purpose other than as payment for its goods or services, except to support the <br />Health Care Eligibility Service or VISA Activation and Load Service, as specified in VISA regulations; <br />H. Disburse funds in the form of travelers cheques, if the sole purpose is to allow the cardholder to make a cash purchase of <br />goods or services from MERCHANT; <br />1. Disburse funds in the form of cash, unless: <br />1) MERCHANT is dispensing funds in the form of travelers cheques, Visa TravelMoney Cards, or Foreign Currency. In this <br />case, the transaction amount is limited to the value of the travelers cheques, Visa TravelMoney Card, or Foreign <br />currency plus any commission or fee charged by the MERCHANT; or <br />2) MERCHANT is participating in the Visa Cash Back Service, as further specified in the VISA regulations <br />J. Accept a Visa Card or Visa Electron card for the purchase of Scrip, <br />K Accept a Visa electron Card for Manual Cash Disbursement, <br />L. Accept a Visa TravelMoney Card for a Manual Cash Disbursement; <br />M. Accept a card to collect or refinance an existing debt that has been deemed uncollectible by the merchant providing the <br />associated goods or services (Note: A transaction that represents a payment on an existing obligation must be identified by <br />the appropriate indicator in the Authorization Request and Clearing Record.), <br />N. Enter into interchange a transaction that represents collection of a dishonored check, or <br />201108 MTPA Terms and Conditions Page 10 of 35 CONFIDENTIAL