Agmt11 EPX-Electronic Payment Exchange

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8. A setoff or counterclaim of any kind exists in favor of any Cazdholdcr against Merchant that may be asserted in defense of an action to enforcc payment against the Cardholder in a Transaction; 9. The Transaction was made at or by a Merchant other than Merchant named in this Agreement; 10. The Transaction otherwise violates the terms of this Agrccmcnt or any other Association or Issuer bylaw, rule, reguladon, policy or guidelinc; 11. A Transaction is chazgcd back by an Issuer; or 12. Any representation or warranty made by Merchant in connection with the Transaction is false or inaccurate in any respect In any such case, Bank shall not be obligated to accept a Transaction for credit to the Opemung Account. If Bank has credited the Operating Account or Reserve Account for such a Transacpon, Bank may return the Transaction to the Merchacit, and Bank shall recover [he amount of the Transaction &om either afoeementioned account. Merchant agrees that Bank, without prior notice to Merchant, may: , I. Charge the amount of the Transaction to the Operating Account or Reserve Account; 2. Recoup thc amount of the Transaction by adjusunent of the credits due to Merchant; or 3. Set off the amount of the Transaction against any account or property Bank holds for or on bchalf of Merchant. 5. Compliance. 5.1. Associations' and Issuers' Requirements. Merchant shalt comply with all bylaws, mles, regulations, policies and guidelines of the Associations and any Issuer whose Cards aze used to process Transactions in accordance with this Agreement. EPX agrees to keep Merchant advised of Association rules and regulations as they are applied. 5.2. Usc of Marks. Merchant will display prominently at its place of business Card emblems and other promotional material and literature provided by Bank directly or tivough F,PX. Subject to lhe prior written consent of Bank and upon such conditions as authorized by Bank, Merchant may use Cazd service marks or desi�n marks in its own advertisement and promotional materiais. 53. Pavment Card lndustry Securiry Reguirements. Merchant agrees to bc compliant with applicable PCI requirements, in accordance with Payment Card Industry Data Securiry Standards (PCI) for protecting Cardholder data ac amended by the Associations &om time to time. i. Visa, MasterCard and Discover havc implemented a program to ensure thc protection of cardholder data, whether processed, transmitted or storcd, through a program of validation and compliance. Known as PCI, information about the program and specific requiremenu can be obtained at www.visa.cum/cisn. The program is comprised of 12 major requirements: l. Install and maintain a firewalt configuration to protect data 2. Do not use vendor-supplied deFaults for system passwords and other security parameters 3. Protect storcd data 4. Encrypt transmission of cardholder data and sensitive information across public networks 5. Use and regularly update anti-vitus software 6. Develop and maintain secure systems and applications 7. Restrict access to data by business need-to-know R. Assign a unique ID to each person with computer access 9. Restrict physical access ro cardholder data 10. Track and monitor all access to network resources and cardholder data I1. Rcgularly tcst security systems and processes 12. Maintain a policy that addresses informa[ion security iuitiais��yi�\ P;jge G ot' 19 �•�