Agmt11 EPX-Electronic Payment Exchange

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annual billings must be reaffirmed at least once a yeaz. Merchant shall not deliver goods or perform services covereJ by a Pre-Authorized Recurring Order Transacuon aftcr receiving noUfication Gom the Cardholder that the pre-authorization is cancelled or from Rank that the Card covering the Pre-Authorized Recurring Order Transaction is not to be honored; and 4. Merchant shall verify Cardholders adclress from the Association network. For telephone or mail orcler sales, Merchant shall transmit a tickeUinvoice number and shall pedortn Address Verification and only accept as approved those Transactions recciving at least a partia] match or system unavailable response. 93. Prohibited Transactions. Merehant shall not do any of the following with respect to any Transaction: i. Impose a surcharge on a Cardholder who elects to use a Card in licu of payment by cash, check or other mode of payment; ii. Chargc a Cerdholder more than the amount the Cardholder would pay if payment were made by cash or check; iii. Establish a minimum or maxanum dollaz Transaction amounh iv. Obtain multiple authorizations for amounts Icss than the total credit sale amount; v. Obtain authorization for purposes of setting aside Cazdholder's credit line for use in future sales; vi. Make any special charge to or extract any special agreement or security from any Cazdholder in connection with any Transaction; vii. Initiaze or accept for payment any Transaction which was not originated direcely between Merchant and a Cardholder for the sale or lease of goods or the pedormance of services of the type indicated in Merchanfs application for card processing services initially submitted to and approved by Bank; viii. Honor or accept a Cazd as payment for any legal services or expenses arising out of or related to (l} the defense of any crime other than a traffic violarion; (2) any domestic relations matter w6ere such services or expenses are fumished to a person whose name is not embossed on a Card; or (3) any bankruptcy, insolvency, c;ompromise, composition or other process affecung Cardholder's creditors; i�c. Use MerchanYs own Card, or one to which Merchant has access, tn initiate a Transaction for thc purpose of obtaining credit for MerchanYs own benefit; x. Redeposit a prcviously charged Transaction, regazdless of whether Cardholder consents; xi. Initiate a Transaction credit without a balance in lhe Operating Account equal to the credit; xii. Use the EPX System or Software and any data received thcrcon for any other purpose except for determining whether or no[ Merchant should accept Cazds in connection with a cutrent sale or lcase of goods or services; xiii. Use the EPX Sys[em or Software and data received ihereon For credit inquiry purposes or any other putpose not authorized by this Agreement; xiv. Draw or convey any inference concerning a person's credit worthiness, credit standing, credit capaciry, character, general reputation, personal characterisGcs or mode of 6ving when any Card is processed as non-accepted; xv. Discbse any information obtained through the EPX System or Softwaze to any person except for necessary disclosures to affected Cardholdcrs, Bank, EPX and/or the Issuer, xvi. Add any tax to Transactions unless applicable law expressly requires that Merchant collect such a tax. Any tax, if allowed, must be included in the TransacUon amount and not collected scparately; xvii. Disburse funds in the form of traveler's checks, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from Merchant; xviii. Disburse funds in the fotm of cash, except: 1. In the case of a cashback Transaction and in such case the cashback portion of the Transaetion is the only portion disbursed as cash; or Initi:ds ��(3�'�� I'a�c 13 uf 19 � "_......___... `