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total amount of recurring charges to be billed to the Cardholder's account, • You must create a Sales or Credit Draft for c -' � '` `- ' <br /> including taxes and tips and your Merchant Number. deliver at least one copy of the Sales or CrE 6.1.D. - Page 19 �. <br /> • If the recurring transaction is renewed,the Cardholder must complete • You cannot submit a transaction or sale to cover a dishonored check. <br /> and deliver to you a subsequent written request for the continuation . If you accept Card checks,your Card check acceptance policy must <br /> of such goods or services to be charged to the Cardholder's account. treat the acceptance of checks from all payment card brands that you <br /> You may not complete a recurring transaction after receiving a accept equally.(e.g.,if you accept MasterCard,Visa and Discover,your <br /> cancellation notice from the Cardholder or Issuer or after a request for check acceptance policy must treat checks for all three payment card <br /> Authorization has been denied. brands equally).You should handle these Card checks like any other <br /> • If we or you have terminated your Merchant Agreement,you may not personal check drawn upon a bank in the United States. <br /> submit authorization requests or sales data for recurring transactions • Failure to comply with any of the Association Rules may result in fines <br /> that are due after the termination date of your Merchant Agreement. or penalties. <br /> • You must obtain an Authorization for each transaction and write 1.9. Card Acceptance. If you have indicated either in the Application or <br /> "Recurring Transaction"(or"P.O:'for MasterCard transactions)on the by registering with us at least thirty(30)days in advance that,as between <br /> Sales Draft in lieu of the Cardholder's signature.A positive authorization Non-PIN Debit Card transactions and Credit Card transactions,you will <br /> response for one recurring transaction Card Sale is not a guarantee limit your acceptance to either(i)only accept Non-PIN Debit transactions; <br /> that any future recurring transaction authorization request will be or(ii)only accept Credit Card transactions,then the following terms in this <br /> approved or paid. Section 1.9 will apply: <br /> • For all recurring transactions,you should submit the 3-digit Card 1.9.1. You will be authorized to refuse to accept for payment either <br /> Validation Code number with the first authorization request,but not Non-PIN Debit Cards or Credit Cards that are issued within the United States. <br /> subsequent authorization requests.Discover Association Rules specif- You will,however,continue to be obligated to accept all foreign issued <br /> ically require that you follow this Card Validation Code procedure for Credit or Debit Cards issued by MasterCard,Visa or Discover so long as <br /> Discover recurring transactions. you accept any type of MasterCard,Visa or Discover branded Card. <br /> • Also,for Discover recurring transactions,the Sales Draft must include a 1.9.2. While many Debit Cards include markings indicating debit <br /> general description of the transaction,your merchant name and a toll- (such as"Visa Checkcard,Visa Buxx,Gift Card,DEBIT,or Mastermoney), <br /> free customer service number that the Cardholder may call to obtain many Debit Cards do not include such markings and you will not have <br /> customer assistance from you or to cancel the written approval for the such markings until January 2007.It will be your responsibility to <br /> recurring transaction. determine at the point of sale whether a Card is of a type that you have <br /> indicated that you will accept.You agree to institute appropriate systems <br /> • A Recurring Transaction or Preauthorized Order may not include partial and controls to limit your acceptance to the Card types indicated.You may <br /> payments for goods or services purchased in a single transaction. purchase a table of ranges of numbers currently associated with Debit Card <br /> • You may not impose a finance charge in connection with a Recurring transactions upon execution of confidentiality/non-disclosure agreements <br /> Transaction or Preauthorized Order. required by the Associations.You will be responsible for updating your <br /> • If you process recurring payment transactions,the Recurring Payment systems to utilize such tables and to obtain updated tables. <br /> Indicator must be included in each Authorization request.Penalties 1.9.3. To the extent that you inadvertently or intentionally accept a <br /> can be assessed by the Associations for failure to use the Recurring transaction other than the type anticipated for your account,such trans- <br /> Payment Indicator. action will downgrade to a higher cost interchange and you will be billed <br /> the difference in interchange(a Non-Qualified Interchange Fee),plus a <br /> 1.8. Requirements. The following rules are requirements strictly Non-Qualified Surcharge(see Section 18.1 and Glossary). <br /> enforced by Visa,MasterCard and Discover: <br /> 1.9.4. Based upon your choice to accept only the Card types indicated <br /> • You cannot establish minimum or maximum amounts as a condition in the Application,you must remove from your premises any existing <br /> for accepting a Card,except that for Discover transactions,you may signage indicating that you accept aII Visa,MasterCard or Discover Cards <br /> limit the maximum amount a Discover Cardholder may spend if,and and use approved specific signage reflecting your policy of accepting only <br /> only if,you have not received a positive authorization response from Non-PIN Debit or Credit Cards. <br /> the Card Issuer. <br /> 1.9.5. Even if you elect not to accept Non-PIN Debit Card transactions <br /> • You cannot impose a surcharge or fee for accepting a Card.However as provided above,you may still accept PIN Debit Card transactions if you <br /> providing a discount for cash is permissible provided that the discount have signed up for PIN Debit Services.The terms in Section 28 shall apply <br /> is clearly disclosed as a discount from the standard price. to such services. <br /> • You cannot establish any special conditions for accepting a Card. 1.10. Deposits of Principals. Owners,partners,officers and employees <br /> • You cannot establish procedures that discourage,favor or discriminate of your business establishment,and the guarantors who signed the <br /> against the use of any particular Card.However,you may choose not to Application,are prohibited from submitting Sales Drafts or Credit Drafts <br /> accept either U.S.issued Debit Cards or U.S.issued Credit Cards under transacted on their own personal Cards,other than transactions arising <br /> the terms described in Section 1.9. from bona fide purchases of goods or services in the ordinary course of <br /> your business.Such use in violation of this Section 1.10 is deemed a cash <br /> • You cannot require the Cardholder to supply any personal information advance,and cash advances are prohibited. <br /> (e.g.,home or business phone number;home or business address;or <br /> driver's license number)unless instructed by the Authorization Center. 1.11. Merchants in the Lodging Industry. <br /> The exception to this is for a mail/telephone/Internet order or delivery- 1.11.1. Generallv. There are additional rules and requirements that <br /> required transaction,and zip code for a Card-present key entered apply to merchants in the lodging industry for practices including,but not <br /> transaction in order to obtain an Address Verification("AVS").Any limited to,Guaranteed Reservations and charges for no shows,advance <br /> information that is supplied by the Cardholder must not be in plain deposits,overbookings,and priority checkout.If you are a merchant in <br /> view when mailed. the lodging industry,you must contact us for these additional rules and <br /> • Any tax required to be collected must be included in the total requirements.Failure to do so could result in additional charges or <br /> transaction amount and not collected in cash. termination of your Merchant Agreement. <br /> 1.11.2. Lodginq Service Services Programs. In the event you are a <br /> • You cannot submit any transaction representing the refinance or lodging merchant and wish to participate in Visa's and/or MasterCard's <br /> transfer of an existing Cardholder obligation deemed uncollectable. lodging services programs,please contact your sales representative or <br /> • You cannot submit a transaction or sale that has been previously relationship manager for details and the appropriate MasterCard and <br /> charged back. Visa requirements. <br /> WFB1301 5 <br />