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9.2 Cash disbursement by MERCHANT to a cardholder is not permitted. Additionally, MERCHANT shall not make any cash advance
<br />to an employee, principal, or family member of MERCHANT, who is a cardholder.
<br />9.3 MERCHANT will not accept SALES from cardholders where the primary purpose of the transaction is for the provision of working
<br />capital to business and not the purchase of goods and/or services from the business.
<br />10. Quasi Cash Transactions:
<br />10.1 MERCHANT shall not accept SALES for processing that are classified as "Quasi-Cash Transactions" including, but not limited to,
<br />the sale of casino gaming chips, money orders, opening deposits on financial or other accounts, wire transfer money orders, or
<br />the issuance of scrip.
<br />10.2 No MERCHANT shall accept a CARD or use a VISA and MASTERCARD processing terminal to issue scrip exchangeable for
<br />cash, products, or services as a result of a SALE.
<br />11. Promotional Materials:
<br />11.1 MERCHANT will adequately display promotional materials provided by TMS and BANK to inform the public that MERCHANT will
<br />honor CARDS.
<br />11.2 All uses by MERCHANT of decals, signs, printed and broadcast materials, and other promotional materials must be in conformity
<br />with the requirements of ASSOCIATIONS. MERCHANT will not at any time do or cause to be done any act or deed in any way
<br />impairing or intended to impair TMS's, BANK's, or ASSOCIATIONS' exclusive right, title, and interest in and to its respective
<br />protected marks.
<br />11.3 MERCHANT may use promotional materials only to indicate that CARDS are accepted for payment and shall not indicate, directly
<br />or indirectly, that MERCHANT has received endorsement of any goods or services other than the CARDS' services.
<br />11.4 MERCHANT may not refer to the CARDS in stating eligibility for its products, services, or membership.
<br />11.5 MERCHANT shall permit TMS and BANK or ASSOCIATIONS, at all reasonable times, to inspect the MERCHANT's use of the
<br />promotional materials. Should any materials so submitted fail to meet with TMS's, BANK's, or ASSOCIATIONS' approval, for any
<br />reason whatsoever, the MERCHANT agrees to cease using such material. Neither TMS, BANK, nor ASSOCIATIONS shall have
<br />any liability to MERCHANT relating to disapproved materials using a protected mark.
<br />12. CARDS Other than VISA. MASTERCARD, AMERICAN EXPRESS and DISCOVER:
<br />12.1 MERCHANT is required to comply with the specific regulations, as set out in its agreements with ASSOCIATIONS other than
<br />VISA, MASTERCARD, AMERICAN EXPRESS, and/or DISCOVER with regard to the acceptance of cards issued by such
<br />ASSOCIATIONS. TMS and BANK are not responsible for the funding of such transactions. Further, TMS and BANK are not
<br />responsible for payment for SALES for any ASSOCIATIONS unless and until TMS and BANK have received payment for such
<br />SALES from the ASSOCIATIONS.
<br />CHARGEBACKS
<br />13. General:
<br />13.1 Failure to comply with the RULES will reduce TMS's and BANK's ability to reverse CHARGEBACKS and increase the likelihood
<br />of MERCHANT receiving a CHARGEBACK.
<br />13.2 MERCHANT may be subject to a CHARGEBACK on SALES for a minimum period of 180 days, plus the period of any warranty or
<br />guarantee on goods and/or services sold by MERCHANT, from the date the SALE was entered into the ASSOCIATIONS'
<br />processing system.
<br />13.3 TMS and BANK agree to mail all CHARGEBACK documentation to the address provided by MERCHANT. MERCHANT agrees
<br />to respond promptly to all CHARGEBACKS. If TMS and/or BANK elects, at their sole discretion, to take action on
<br />CHARGEBACKS after the ASSOCIATION time limits have expired, such action shall be done at additional cost.
<br />13.4 MERCHANT agrees that it will not re-deposit SALES that have been previously charged back and not represented. This
<br />restriction applies whether or not the cardholder consents to such activity.
<br />13.5 MERCHANT agrees that if it receives a CHARGEBACK for an international cardholder, the MERCHANT is responsible for any
<br />currency conversion differences in the dollar amount.
<br />14. CHARGEBACK Reasons:
<br />14.1 The summary of reasons for CHARGEBACKS includes, but is not limited to, any one of the following:
<br />A. an invalid CARD account number submitted by MERCHANT;
<br />B. neither the cardholder nor a person authorized by the cardholder received the goods or services requested;
<br />C. the cardholder received the good or services but disputes the quality;
<br />D. the cardholder never received credit for a returned item or a canceled order;
<br />E. the cardholder was charged incorrectly;
<br />F. the amount of the SALE exceeded the Floor Limit and an Authorization was not obtained or was denied;
<br />G. the SALE was authorized but not for the correct amount,
<br />H. the Authorization code provided is invalid;
<br />I. the CARD was expired at the time of the SALE or had not reached its effective date;
<br />J. the SALES DRAFT was not signed. An exception will be made where Card Not Present SALES are permitted,
<br />K. the CARD issuer has information that a MERCHANT fraud has occurred;
<br />L. the CARD account number and the amount of SALE are missing from SALES DRAFT or are illegible;
<br />M. the SALES DRAFT bears the imprint of a CARD which to the ASSOCIATIONS is a counterfeit CARD because the CARD is
<br />not embossed in accordance with the standards set forth in the ASSOCIATIONS' regulations, even if the SALE was
<br />authorized.
<br />201108 MTPA Terms and Conditions Page 13 of 35 CONFIDENTIAL
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