FIRST NATIONAL BANK OF OMAHA/TSYS MERCHANT SOLUTIONS, LLC 1 -2013

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27.5 MERCHANT must use the Status Check Procedure if the floor limit is zero and the actual transaction amount is no more than fifty dollars ($50.00). 27.6 MERCHANT must have an established self-service terminal operating plan on file with TMS and BANK and must establish a velocity-check program that monitors the volume and frequency of account transactions. 27.7 The transaction ratio of CHARGEBACKS to total VISA Interchange for the MERCHANT chain must not exceed an average of 0.30 percent (0.003%) for the previous six (6) months. 27.8 The transaction ratio of fraud to total VISA Interchange for the MERCHANT chain must not exceed an average of 0.40 percent (0.004%) for the previous six (6) months. 27.9 Under no circumstances should the MERCHANT use an arbitrary estimation of the transaction amount to obtain an authorization. 27.10 An AFD must not dispense scrip. 28. Recurring Transactions: 28.1 MERCHANT will not accept recurring SALES transactions where the delivery of, provision of, or billing for, goods or services is performed on a periodic basis ("RECURRING TRANSACTIONS") without the express written consent of TMS and BANK and without following the rules stated below. 28.2 MERCHANT must obtain from the cardholder a completed Order Form containing a written request for the goods or services to be charged to the cardholder's CARD. The Order Form must include the transaction amount (unless the RECURRING TRANSACTIONS are for varying amounts), the frequency of the recurring charges, and the duration of time for which the cardholder's permission is granted. The cardholder signature (including electronic signature or other similar authentication) must be effective under applicable law. 28.3 MERCHANT must retain a copy of the Order Form for the duration of the RECURRING SERVICES and provide it to TMS and BANK upon request. 28.4 Upon completion of the SALES DRAFT, MERCHANT should write the words "Recurring Transaction" on the signature line. 28.5 When a RECURRING TRANSACTION is renewed, MERCHANT must obtain an updated Order Form (as set out above) from the cardholder. 28.6 For an Electronic Commerce Transaction, include the frequency and duration of the RECURRING TRANSACTION, as agreed to by the cardholder, on the SALES DRAFT and provide a simple and easily accessible online cancellation procedure, if the cardholder's request for goods or services was initially accepted online. 28.7 For RECURRING TRANSACTIONS, MERCHANT must not: A. include partial payment for goods or services purchased in a single transaction; B. include additional finance charges on a RECURRING TRANSACTION; C. complete a RECURRING TRANSACTION if it does not receive an Authorization or if it receives a cancellation notice from the cardholder: or D. request or use a cardholder account number for purposes other than as payment for its goods or services. 28.8 For RECURRING TRANSACTIONS of varying amounts, the MERCHANT must: A. on the Order Form, allow the cardholder to specify a minimum and a maximum transaction amount to be charged; B. inform the cardholder of his/her right to receive, with at least ten (10) days notice before the transaction date, a written notification of the amount and date of the next charge; and C. allow the cardholder to choose to receive notice in any of the following ways: (i) for every charge; (ii) when the transaction amount is outside of the specified minimum and maximum amount range; and (iii) when the transaction amount will differ from the most recent charge by more than an agreed upon amount. 29. Delayed Delivery Transactions: 29.1 MERCHANT must obtain an authorization if the cumulative total of both SALES DRAFTS exceeds the floor limit. MERCHANT must obtain authorization for each SALES DRAFT on each transaction date. 29.2 MERCHANT must: A. Assign a separate authorization number for each SALES DRAFT; and B. Write the following information on the appropriate SALES DRAFT: 1) Words "Delayed Delivery;" 2) Word "Deposit" or "Balance," as appropriate; and 3) Authorization date and authorization code, if applicable. 29.3 MERCHANT may deposit the SALES DRAFT for the delayed delivery deposit before delivery of the goods or service. 29.4 MERCHANT must not deposit the SALES DRAFT for the balance before delivery of the goods or service. 30. Card Checks (Discover): 30.1 Card checks are frequently issued to cardholders. MERCHANT agrees to accept Card checks on a basis consistent with the terms of MERCHANT's policy applicable to the acceptance of other payment card checks. MERCHANT should handle these Card checks like any other personal check drawn upon a bank in United States. 31. Employee Purchases: 31.1 MERCHANT is prohibited from conducting Cash Advances, Card Sales or returns for goods or services with the MERCHANT's owners, officers or employees using such individual's personal Card(s), except for bona fide Card Transactions in the ordinary course of MERCHANT's business. MERCHANT is responsible for the actions and omissions of MERCHANT's principals, officers, employees and agents, including any fraud committed by, and/or any intentional or negligent acts or omissions by, any owner, officer or employee of MERCHANT. 201108 MTPA Terms and Conditions Page 18 of 35 CONFIDENTIAL