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O. Require a cardholder to waive his or her rights to dispute the transaction as a condition of the SALE. <br />2. Sales Transactions: <br />2.1 No SALE may be completed if cardholder (the duly authorized holder and user of CARD) fails to present his/her CARD to <br />MERCHANT at time of SALE, except in the case of Card Not Present environments where MERCHANT has received written <br />permission by TMS and BANK to do so. <br />2.2 IF USING A MANUAL IMPRINTER, MERCHANT MUST IMPRINT THE CARD. IF USING AN ELECTRONIC DEVICE, <br />MERCHANT MUST HAVE THE CARD SUCCESSFULLY READ BY A MAGNETIC STRIPE CARD READER/TERMINAL WITH <br />PRINTER ATTACHED. If MERCHANT's terminal cannot successfully read the magnetic stripe, MERCHANT must imprint the <br />card, even if it is a key entered transaction. MERCHANT must imprint the CARD on the same SALES DRAFT (a paper record <br />evidencing the purchase of goods or services using a CARD) containing the remainder of the transaction information and the <br />cardholder signature. Failure to obtain a signed and imprinted SALES DRAFT when a transaction is not captured by swiping <br />through a magnetic stripe reader will expose MERCHANT to a CHARGEBACK on such a transaction regardless of the <br />authorization that may or may not be received. Failure to read the magnetic stripe on the card may result in a DISCOUNT rate <br />tier downgrade. <br />2.3 MERCHANT shall require cardholder to sign the SALES DRAFT. <br />2.4 Unless specifically permitted by TMS and BANK to the contrary, goods and services purchased must be delivered to cardholder <br />at time of SALE. <br />2.5 MERCHANT shall not require cardholders to provide personal information (such as telephone number or address) as a condition <br />for honoring a SALE, unless required by the RULES. <br />2.6 TMS, BANK, the ASSOCIATIONS, or their designated agent, on behalf of itself or others, shall have the right to inspect <br />MERCHANT's security systems and procedures from time to time after reasonable notice to MERCHANT. <br />2.7 If MERCHANT receives BIN information from TMS and BANK, MERCHANT must not use such information for any reason other <br />than to identify VISA debit category products at the point of sale, unless authorized by VISA. VISA BIN information is proprietary <br />and confidential information belonging to VISA. MERCHANT must not disclose VISA BIN information to any third party without <br />prior written permission from VISA. If MERCHANT uses an agent or Merchant Servicer, MERCHANT must include the foregoing <br />provisions in its agreement or contract with such agent or Merchant Servicer. <br />3. SALES DRAFTS: <br />3.1 MERCHANT shall deliver to the cardholder, at the time of a SALE, a true, complete, and legible copy of the SALES DRAFT or <br />suitable receipt evidencing a SALE involving use of CARD. <br />3.2 The following information must be included on the SALES DRAFT: <br />A. final four digits of CARD account number; <br />B. MERCHANT's d/b/a name; <br />C. MERCHANT's city and state; <br />D. amount of the SALE (including any applicable taxes); <br />E. date of the SALE; <br />F. space for cardholder signature if applicable; <br />G. transaction payment type; <br />H. legend identifying the party to whom it will be delivered (i.e. merchant copy, customer copy); <br />1. authorization code; and <br />J. clear imprint of the CARD unless successfully read by a magnetic stripe reader. <br />3.3 Under federal law, MERCHANT is prohibited from displaying more than the last five digits of the account number or the expiration <br />date of the CARD on any electronically generated SALES DRAFT. <br />3.4 MERCHANT shall not disclose a cardholder's account information or any other personal information to third parties other than <br />MERCHANT's agents for the purpose of completing the transaction or as specifically required by law or by the RULES. <br />3.5 MERCHANT shall store all SALES DRAFTS and transaction records in a limited access area for at least one (1) year after the <br />date of SALES. MERCHANT shall retain all original SALES DRAFTS or legible microfilm copies of all SALES DRAFTS and <br />transaction records for at least three (3) years. <br />3.6 MERCHANT shall not deposit SALES DRAFTS that it knows or should have known to be either fraudulent or not authorized by <br />the cardholder. <br />4. Security Features: <br />4.1 In all cases, MERCHANT is required to examine the card security features prior to completing a SALE. <br />4.2 When an Electronic Cash Register ("ECR") or Electronic Draft Capture ("EDC") terminal reads the magnetic stripe on the CARD, <br />MERCHANT must check the CARD account number on the terminal (if displayed) against the account number embossed on the <br />CARD or follow such other security check as is mandated by TMS and BANK from time to time. If the CARD is read with a <br />terminal that displays the CARD number and the SALES DRAFT is printed, MERCHANT shall verify that the account number <br />displayed on the terminal match the embossed numbers on the face of the CARD. In the event that they do not match, the SALE <br />must not be completed. Failure to follow these checks and procedures will expose MERCHANT to CHARGEBACKS. <br />4.3 In the event that the terminal is programmed to require MERCHANT to key the last four (or more) digits of each CARD used for a <br />SALE, and the terminal indicates that the numbers keyed are not the same as those present on the card, the SALE must not be <br />completed <br />4.4 In order to protect the integrity of the ASSOCIATIONS' systems, BANK may hold funds settled by MERCHANT in the event of a <br />breach of AGREEMENT, irregular SALES activity, or receipt of detrimental financial information <br />201108 MTPA Terms and Conditions Page 11 of 35 CONFIDENTIAL