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1. Scheduled Changes.The Merchant Regulations are published twice I. Disclaimer of Warranties. WE DO NOT M""� ""'�"�"�"•,�'r�' ""vl
<br /> each year,in April and October.We have the right to,and hereby notify ANY AND ALL REPRESENTATIONS,WARRANTIES 6.1.D. - Page 61 R
<br /> you that we may,change the provisions of the Merchant Regulations EXPRESS,IMPLIED,OR ARISING BY LAW OR FRUiv�H c.uurc5t ur utHUiv�
<br /> in scheduled releases(sometimes called"Notification of Changes"in OR USAGE OF TRADE,INCLUDING IMPLIED WARRANTIES OF MERCHANT-
<br /> our materials)as follows: ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF
<br /> • a release of scheduled changes,to be published every April,which TITLE OR NON-INFRINGEMENT
<br /> changes shall take effect in the following October(or in a later) m. No Third-Party Beneficiaries. The Agreement does not and is not
<br /> edition of the Merchant Regulations or during the period between intended to confer any rights or benefits on any person that is not a
<br /> two editions of the Merchant Regulations;and party hereto and none of the provisions of the Agreement shall be
<br /> • a release of scheduled changes,to be published every October, enforceable by any person other than the parties hereto,their successors
<br /> which changes shall take effect in the following April(or in a later) and permitted assigns.
<br /> edition of the Merchant Regulations or during the period between n. Press Releases. You shall not issue any press release or make any
<br /> two editions of the Merchant Regulations. public announcement(or both)in respect of the Agreement or us without
<br /> Where a change is to take effect during the period between two our prior written consent.
<br /> editions of the Merchant Regulations,we shall also include the o. Independent Contractors. You and we are independent contractors.
<br /> change in the edition of the Merchant Regulations covering the No agency,partnership,joint venture,or employment relationship is
<br /> period during which the change shall take effect,noting the effective created between the parties by the Agreement.Each party is solely
<br /> date of the change therein. responsible for its own acts and omissions and those of its respective
<br /> 2. Unscheduled Changes. We also have the right to,and hereby notify agents,employees,representatives,and subcontractors in connection
<br /> you that we may,change the provisions of the Merchant Regulations With the Agreement.
<br /> in separate unscheduled releases,which generally shall take effect ten
<br /> days after notice to you(unless another effective date is specified in AMERICAN EXPRE55 TRAVEL RELATED SERVICES COMPANY,INC.
<br /> the notice). /��
<br /> k. Entire Agreement. The Agreement is the entire agreement between By:
<br /> you and us regarding the subject matter hereof and supersedes any Kim C.Goodman
<br /> previous agreements,understandings,or courses of dealing regarding the Executive Vice President,Merchant Services,Americas.
<br /> subject matter hereof.
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<br /> a. Eligibility;Transition to Our Standard Card Acceptance Program. a. Certain American Express Terms Not Applicable. Our Online
<br /> Our American Express OnePoint Program provides integrated Card Merchant Services,the terms applicable to Corporate Purchasing Cards,
<br /> acceptance services to eligible Entities through our agents,including and our Monthly Flat Fee option are not available to you under the
<br /> Wells Fargo Merchant Services,L.L.C.If you do not qualify for this American Express OnePoint Program.During your participation in the
<br /> program,you may be enrolled in our standard American Express Card program,you are not required to configure your systems to communicate
<br /> acceptance program,which has different servicing terms(e.g.,different directly with our systems and you must not provide Payment Services or
<br /> speeds of payment);you may terminate the Agreement if you do not wish otherwise act as a Payment Service Provider.
<br /> to so be enrolled.If you become ineligible for our American Express b. Merchant Number;Your Merchant Information.Under the
<br /> OnePoint Program,we will transition you to our standard American American Express OnePoint Program,you will not receive a standard
<br /> Express Card acceptance program upon forty-five day's prior notice, American Express Merchant Number.
<br /> unless you opt-out of that transition by notifying our agent in writing no
<br /> later than fifteen days prior to the effective date of transition. Our agent will instead assign a unique OnePoint Program"merchant"or
<br /> "account"number to your Establishment;if you have more than one
<br /> b. Program Services. We may perform our obligations and exercise our Establishment(or a sales channel for Internet Orders),it may assign to
<br /> rights under the Agreement directly or through our agents.Since we are each a separate number.You will need that number each time you call our
<br /> acting through our agent in many instances under the Agreement,the agent under the American Express OnePoint Program.(If you are enrolled
<br /> terms we,our,or us also may refer to our agent above,as the context in or transition to our standard Card acceptance program,we(not our
<br /> requires.Please direct all inquiries and notices under the American agent)will assign you a standard American Express Merchant Number.)
<br /> Express OnePoint Program to our agent: You must notify our agent of any changes in your business and banking
<br /> Wells Fargo Merchant Services,L.L.C. information and any closings of your Establishments.Our agent may
<br /> 1307 Walt Whitman Road verify and disclose information about you,including by requesting reports
<br /> Melville,NY 11747 about you and the person signing your application to accept the Card.
<br /> c. Merchant Regulations. The Merchant Regulations set forth the
<br /> policies and procedures of our standard American Express Card acceptance
<br /> program.The provisions of this Schedule A describe the different terms During your participation in the American Express OnePoint Program,you
<br /> that apply to you under the American Express OnePoint Program and take must initiate an Authorization for each Charge according to the
<br /> precedence over the corresponding provisions of the Merchant Regulations. Authorization procedures of our agent and contact our agent about all
<br /> For example,since Entities classified in certain industries do not qualify for Authorization responses.You must obtain from and submit to our agent
<br /> the American Express OnePoint Program,references in the Merchant an Authorization Approval code for all Charges.Authorization does not
<br /> Regulations to those industries may not apply to you.Please contact our guarantee that we or our agent will accept the Charge without exercising
<br /> agent for a copy of the Merchant Regulations and with any questions Chargeback,nor is it a guarantee that the person making the Charge is
<br /> about specific industries under the program. the Cardmember or that you will be paid.
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