Common use of Additional Acceptances Clause in Contracts

Additional Acceptances. Xxxxxxxx acknowledges and agrees: 4.7.1 To comply with all applicable credit card company standards, Card Association Rules, FTC regulations, best practices and guidelines, and PCI standards and requirements as amended from time to time. 4.7.2 That the relevant credit card company is the sole and exclusive owner of its marks. 4.7.3 Not to contest the ownership of any relevant credit card company marks. 4.7.4 To accept the responsibility to continue to review and be bound by Card Association Rules as published on the card company websites including relevant best practices and guidelines in order to determine whether any amendments or changes have occurred. 4.7.5 To accept that Card Associations have the right to enforce such provisions against BlueSnap and the Merchant including the right to prohibit Merchant from engaging in any conduct that any Card Association in its sole discretion deems likely to injure or cause risk of injury to it or its reputation or that may adversely affect the integrity of the credit card interchange system or confidential information as defined in the Card Association Rules. Xxxxxxxx further agrees not to take any action that could interfere with or prevent the exercise of such right by any Card Association. 4.7.6 That Card Associations, Acquiring Banks, credit card companies may terminate or suspend at their own discretion and without notice or penalty, Xxxxxxxx’s participation in the Services and/or Merchant’s use of credit company marks. 4.7.7 That the practices, rules, terms and conditions of the payment industry and Card Association Rules are under constant evolvement and development and that the provision of the Services is strictly conditional on the Merchant agreeing to be bound thereby. 4.7.8 That with respect to any security obligations including PCI requirements, BlueSnap shall not be liable to Merchant, End-Customer User or any other party for any malicious, intentional or unintentional loss, disruption, corruption, redirection, interception or interruption of any transaction or flow of data including End-User Personal Data that occurs outside the scope BlueSnap Services. 4.7.9 That certain payment methods offered by certain Service Providers may not be regulated by Card Associations or legislation. Merchant accepts that BlueSnap shall not be responsible for any shortfall or payment of sums due from such Services Providers to Merchant in respect of their default, non-performance or insolvency. 4.7.10 Merchant accepts and acknowledges that Acquirer(s) are expressly authorized and instructed by Merchant to make payment to a bank account owned by BlueSnap, and that by payment of any remittance by Acquirer to such bank account, Acquirer is fulfilling its obligations to transfer remittances totaling such sum to Merchant and that Acquirer shall have no further liability in respect of that sum to Merchant. 4.7.11 Merchant is solely responsible for obtaining the consent of End-User Customers with respect to transmission and storage of personal information (as defined by the jurisdiction of the End-User) and recurring billing transactions and it is Merchant’s duty to advise End- User Customers that BlueSnap passes data records containing personal information outside the European Union in accordance with BlueSnap’s privacy policy. 4.7.12 Merchant shall not hold nor store any CVV or magnetic card strip information under any circumstances. 4.7.13 Merchant agrees that for determination of its compliance with its obligations under this Agreement and any Acquirer agreement that the Acquirer may have access to Merchant’s information and systems for purposes of audit.

Additional Acceptances. Xxxxxxxx acknowledges and agrees: 4.7.1 To comply with all applicable credit card company standards, Card Association Rules, FTC regulations, best practices and guidelines, and PCI standards and requirements as amended from time to time. 4.7.2 That the relevant credit card company is the sole and exclusive owner of its marks. 4.7.3 Not to contest the ownership of any relevant credit card company marks. 4.7.4 To accept the responsibility to continue to review and be bound by Card Association Rules as published on the card company websites including relevant best practices and guidelines in order to determine whether any amendments or changes have occurred. 4.7.5 To accept that Card Associations have the right to enforce such provisions against BlueSnap and the Merchant including the right to prohibit Merchant from engaging in any conduct that any Card Association in its sole discretion deems likely to injure or cause risk of injury to it or its reputation or that may adversely affect the integrity of the credit card interchange system or confidential information as defined in the Card Association Rules. Xxxxxxxx further agrees not to take any action that could interfere with or prevent the exercise of such right by any Card Association. 4.7.6 That Card Associations, Acquiring Banks, credit card companies may terminate or suspend at their own discretion and without notice or penalty, Xxxxxxxx’s participation in the Services and/or Merchant’s use of credit company marks. 4.7.7 That the practices, rules, terms and conditions of the payment industry and Card Association Rules are under constant evolvement and development and that the provision of the Services is strictly conditional on the Merchant agreeing to be bound thereby. 4.7.8 That with respect to any security obligations including PCI requirements, BlueSnap shall not be liable to Merchant, End-Customer User or any other party for any malicious, intentional or unintentional loss, disruption, corruption, redirection, interception or interruption of any transaction or flow of data including End-User Personal Data that occurs outside the scope BlueSnap Services. 4.7.9 That certain payment methods offered by certain Service Providers may not be regulated by Card Associations or legislation. Merchant accepts that BlueSnap shall not be responsible for any shortfall or payment of sums due from such Services Providers to Merchant in respect of their default, non-performance or insolvency. 4.7.10 Merchant accepts and acknowledges that Acquirer(s) are expressly authorized and instructed by Merchant to make payment to a bank account owned by BlueSnap, and that by payment of any remittance by Acquirer to such bank account, Acquirer is fulfilling its obligations to transfer remittances totaling such sum to Merchant and that Acquirer shall have no further liability in respect of that sum to Merchant. 4.7.11 Merchant is solely responsible for obtaining the consent of End-User Customers with respect to transmission and storage of personal information (as defined by the jurisdiction of the End-User) and recurring billing transactions and it is Merchant’s duty to advise End- User Customers that BlueSnap passes data records containing personal information outside the European Union in accordance with BlueSnap’s privacy policy. 4.7.12 Merchant shall not hold nor store any CVV or magnetic card strip information under any circumstances. 4.7.13 Merchant agrees that for determination of its compliance with its obligations under this Agreement and any Acquirer agreement that the Acquirer may have access to Merchant’s information and systems for purposes of audit.

Additional Acceptances. Xxxxxxxx acknowledges and agrees: 4.7.1 To comply with all applicable credit card company standards, Card Association Rules, FTC regulations, best practices and guidelines, and PCI standards and requirements as amended from time to time. 4.7.2 That the relevant credit card company is the sole and exclusive owner of its marks. 4.7.3 Not to contest the ownership of any relevant credit card company marks. 4.7.4 To accept the responsibility to continue to review and be bound by Card Association Rules as published on the card company websites including relevant best practices and guidelines in order to determine whether any amendments or changes have occurred. 4.7.5 To accept that Card Associations have the right to enforce such provisions against BlueSnap and the Merchant including the right to prohibit Merchant from engaging in any conduct that any Card Association in its sole discretion deems likely to injure or cause risk of injury to it or its reputation or that may adversely affect the integrity of the credit card interchange system or confidential information as defined in the Card Association Rules. Xxxxxxxx further agrees not to take any action that could interfere with or prevent the exercise of such right by any Card Association. 4.7.6 That Card Associations, Acquiring Banks, credit card companies may terminate or suspend at their own discretion and without notice or penalty, Xxxxxxxx’s participation in the Services and/or Merchant’s use of credit company marks. 4.7.7 That the practices, rules, terms and conditions of the payment industry and Card Association Rules are under constant evolvement and development and that the provision of the Services is strictly conditional on the Merchant agreeing to be bound thereby. 4.7.8 That with respect to any security obligations including PCI requirements, BlueSnap shall not be liable to Merchant, End-Customer User or any other party for any malicious, intentional or unintentional loss, disruption, corruption, redirection, interception or interruption of any transaction or flow of data including End-User Personal Data that occurs outside the scope BlueSnap Services. 4.7.9 That certain payment methods offered by certain Service Providers may not be regulated by Card Associations or legislation. Merchant accepts that BlueSnap shall not be responsible for any shortfall or payment of sums due from such Services Providers to Merchant in respect of their default, non-performance or insolvency. 4.7.10 Merchant accepts and acknowledges that Acquirer(s) are expressly authorized and instructed by Merchant to make payment to a bank account owned by BlueSnap, and that by payment of any remittance by Acquirer to such bank account, Acquirer is fulfilling its obligations to transfer remittances totaling totalling such sum to Merchant and that Acquirer shall have no further liability in respect of that sum to Merchant. 4.7.11 Merchant is solely responsible for obtaining the consent of End-User Customers with respect to transmission and storage of personal information (as defined by the jurisdiction of the End-User) and recurring billing transactions and it is Merchant’s duty to advise End- User Customers that BlueSnap passes data records containing personal information outside the European Union in accordance with BlueSnap’s privacy policy. 4.7.12 Merchant shall not hold nor store any CVV or magnetic card strip information under any circumstances. 4.7.13 Merchant agrees that for determination of its compliance with its obligations under this Agreement and any Acquirer agreement that the Acquirer may have access to Merchant’s information and systems for purposes of audit.

Additional Acceptances. Xxxxxxxx acknowledges and agrees: 4.7.1 To comply with all applicable credit card company standards, Card Association Rules, FTC regulations, best practices and guidelines, and PCI standards and requirements as amended from time to time. 4.7.2 That the relevant credit card company is the sole and exclusive owner of its marks. 4.7.3 Not to contest the ownership of any relevant credit card company marks. 4.7.4 To accept the responsibility to continue to review and be bound by Card Association Rules as published on the card company websites including relevant best practices and guidelines in order to determine whether any amendments or changes have occurred. 4.7.5 To accept that Card Associations have the right to enforce such provisions against BlueSnap and the Merchant including the right to prohibit Merchant from engaging in any conduct that any Card Association in its sole discretion deems likely to injure or cause risk of injury to it or its reputation or that may adversely affect the integrity of the credit card interchange system or confidential information as defined in the Card Association Rules. Xxxxxxxx further agrees not to take any action that could interfere with or prevent the exercise of such right by any Card Association. 4.7.6 That Card Associations, Acquiring Banks, credit card companies may terminate or suspend at their own discretion and without notice or penalty, Xxxxxxxx’s participation in the Services and/or Merchant’s use of credit company marks. 4.7.7 That the practices, rules, terms and conditions of the payment industry and Card Association Rules are under constant evolvement and development and that the provision of the Services is strictly conditional on the Merchant agreeing to be bound thereby. 4.7.8 That with respect to any security obligations including PCI requirements, BlueSnap shall not be liable to Merchant, End-Customer User or any other party for any malicious, intentional or unintentional loss, disruption, corruption, redirection, interception or interruption of any transaction or flow of data including End-User Personal Data that occurs outside the scope BlueSnap Services. 4.7.9 That certain payment methods offered by certain Service Providers may not be regulated by Card Associations or legislation. Merchant accepts that BlueSnap shall not be responsible for any shortfall or payment of sums due from such Services Providers to Merchant in respect of their default, non-performance or insolvency. 4.7.10 Merchant accepts and acknowledges that Acquirer(s) are expressly authorized and instructed by Merchant to make payment to a bank account owned by BlueSnap, and that by payment of any remittance by Acquirer to such bank account, Acquirer is fulfilling its obligations to transfer remittances totaling such sum to Merchant and that Acquirer shall have no further liability in respect of that sum to Merchant. 4.7.11 Merchant is solely responsible for obtaining the consent of End-User Customers with respect to transmission and storage of personal information (as defined by the jurisdiction of the End-User) and recurring billing transactions and it is Merchant’s duty to advise End- User Customers that BlueSnap passes data records containing personal information outside the European Union in accordance with BlueSnap’s privacy policy. 4.7.12 Merchant shall not hold nor store any CVV or magnetic card strip information under any circumstances. 4.7.13 Merchant agrees that for determination of its compliance with its obligations under this Agreement and any Acquirer agreement that the Acquirer may have access to Merchant’s information and systems for purposes of audit.

Additional Acceptances. Xxxxxxxx acknowledges and agrees: 4.7.1 To comply with all applicable credit card company standards, Card Association Rules, FTC regulations, best practices and guidelines, and PCI standards and requirements as amended from time to time. 4.7.2 That the relevant credit card company is the sole and exclusive owner of its marks. 4.7.3 Not to contest the ownership of any relevant credit card company marks. 4.7.4 To accept the responsibility to continue to review and be bound by Card Association Rules as published on the card company websites including relevant best practices and guidelines in order to determine whether any amendments or changes have occurred. 4.7.5 To accept that Card Associations have the right to enforce such provisions against BlueSnap and the Merchant including the right to prohibit Merchant from engaging in any conduct that any Card Association in its sole discretion deems likely to injure or cause risk of injury to it or its reputation or that may adversely affect the integrity of the credit card interchange system or confidential information as defined in the Card Association Rules. Xxxxxxxx further agrees not to take any action that could interfere with or prevent the exercise of such right by any Card Association. 4.7.6 That Card Associations, Acquiring Banks, credit card companies may terminate or suspend at their own discretion and without notice or penalty, Xxxxxxxx’s participation in the Services and/or Merchant’s use of credit company marks. 4.7.7 That the practices, rules, terms and conditions of the payment industry and Card Association Rules are under constant evolvement and development and that the provision of the Services is strictly conditional on the Merchant agreeing to be bound thereby. 4.7.8 That with respect to any security obligations including PCI requirements, BlueSnap shall not be liable to Merchant, End-Customer User or any other party for any malicious, intentional or unintentional loss, disruption, corruption, redirection, interception or interruption of any transaction or flow of data including End-User Personal Data that occurs outside the scope BlueSnap Services. 4.7.9 That certain payment methods offered by certain Service Providers may not be regulated by Card Associations or legislation. Merchant accepts that BlueSnap shall not be responsible for any shortfall or payment of sums due from such Services Providers to Merchant in respect of their default, non-performance or insolvency. 4.7.10 Merchant acknowledges that the relationship arising from this Agreement is between Merchant and BlueSnap and that in no event is any third-party beneficiary status created in any Merchant-affiliated party, or vendor of any marketplace operated by Merchant (“Marketplace Vendor”) notwithstanding any agreement between Merchant and BlueSnap or direction by Merchant to BlueSnap as to allocation of payment of settlement funds or any agreement by Merchant as to allocation or payment of fees with its affiliate(s) or Marketplace Vendor(s). Merchant will defend, indemnify and hold BlueSnap and its affiliates, directors, officers, employees, and agents harmless against any Claims (as defined in Section 9 hereof) against BlueSnap arising out of any relationship between Merchant and affiliate or Marketplace Vendor. 4.7.11 Merchant accepts and acknowledges that Acquirer(s) are expressly authorized and instructed by Merchant to make payment to a bank account owned by BlueSnap, and that by payment of any remittance by Acquirer to such bank account, Acquirer is fulfilling its obligations to transfer remittances totaling such sum to Merchant and that Acquirer shall have no further liability in respect of that sum to Merchant. 4.7.11 4.7.12 Merchant is solely responsible for obtaining the consent of End-User Customers with respect to transmission and storage of personal information (as defined by the jurisdiction of the End-User) and recurring billing transactions and it is Merchant’s duty to advise End- End-User Customers that BlueSnap passes data records containing personal information outside the European Union in accordance with BlueSnap’s privacy policy. Merchant shall obtain in writing the End-User’s/cardholder’s consent to storage and use of his/her Visa and/or Mastercard information for the purpose of future merchant- initiated or cardholder-initiated transactions as required under the Card Rules and the data protection/privacy regulations of the applicable jurisdiction. 4.7.12 4.7.13 Merchant shall not hold nor store any CVV or magnetic card strip information under any circumstances. 4.7.13 4.7.14 Merchant agrees that for determination of its compliance with its obligations under this Agreement and any Acquirer agreement that the Acquirer may have access to Merchant’s information and systems for purposes of audit. 4.7.15 Should Merchant seek to provide any wallet services as defined by the Card Association Rules, it shall first notify BlueSnap in writing, and shall not transmit any such transactions until it has been registered with relevant Card Association(s) and Acquirer(s), provided BlueSnap with written proof thereof, including compliance with any related PCI requirements. Furthermore, Merchant shall obtain and record the consent of all End-Customer Users for the use of any credit or debit card for staged wallet services, and ensure that all transactions are in accordance with Card Association Rules and all Acquirer requirements, including as required the transmission of the appropriate merchant verification value (MVV).

Additional Acceptances. Xxxxxxxx acknowledges and agrees: 4.7.1 To comply with all applicable credit card company standards, Card Association Rules, FTC regulations, best practices and guidelines, and PCI standards and requirements as amended from time to time. 4.7.2 That the relevant credit card company is the sole and exclusive owner of its marks. 4.7.3 Not to contest the ownership of any relevant credit card company marks. 4.7.4 To accept the responsibility to continue to review and be bound by Card Association Rules as published on the card company websites including relevant best practices and guidelines in order to determine whether any amendments or changes have occurred. 4.7.5 To accept that Card Associations have the right to enforce such provisions against BlueSnap and the Merchant including the right to prohibit Merchant from engaging in any conduct that any Card Association in its sole discretion deems likely to injure or cause risk of injury to it or its reputation or that may adversely affect the integrity of the credit card interchange system or confidential information as defined in the Card Association Rules. Xxxxxxxx further agrees not to take any action that could interfere with or prevent the exercise of such right by any Card Association. 4.7.6 That Card Associations, Acquiring Banks, credit card companies may terminate or suspend at their own discretion and without notice or penalty, Xxxxxxxx’s participation in the Services and/or Merchant’s use of credit company marks. 4.7.7 That the practices, rules, terms and conditions of the payment industry and Card Association Rules are under constant evolvement and development and that the provision of the Services is strictly conditional on the Merchant agreeing to be bound thereby. 4.7.8 That with respect to any security obligations including PCI requirements, BlueSnap shall not be liable to Merchant, End-Customer User or any other party for any malicious, intentional or unintentional loss, disruption, corruption, redirection, interception or interruption of any transaction or flow of data including End-User Personal Data that occurs outside the scope BlueSnap Services. 4.7.9 That certain payment methods offered by certain Service Providers may not be regulated by Card Associations or legislation. Merchant accepts that BlueSnap shall not be responsible for any shortfall or payment of sums due from such Services Providers to Merchant in respect of their default, non-performance or insolvency. 4.7.10 Merchant acknowledges that the relationship arising from this Agreement is between Merchant and BlueSnap and that in no event is any third-party beneficiary status created in any Merchant-affiliated party, or vendor of any marketplace operated by Merchant (“Marketplace Vendor”) notwithstanding any agreement between Merchant and BlueSnap or direction by Merchant to BlueSnap as to allocation of payment of settlement funds or any agreement by Merchant as to allocation or payment of fees with its affiliate(s) or Marketplace Vendor(s). Merchant will defend, indemnify and hold BlueSnap and its affiliates, directors, officers, employees, and agents harmless against any Claims (as defined in Section 9 hereof) against BlueSnap arising out of any relationship between Merchant and affiliate or Marketplace Vendor. Merchant shall be liable to BlueSnap without limitation for any negative balance or any other liability to BlueSnap of any of Merchant’s Marketplace Vendors and BlueSnap shall be entitled at its sole discretion to offset, satisfy or reduce any such negative balance or other liability from amounts (i) due or to be settled by Merchant from BlueSnap, (ii) being held by BlueSnap as a reserve or holdback amount, (iii) in BlueSnap’s possession on behalf of Merchant or, in the alternative, BlueSnap may make demand upon Merchant which Xxxxxxxx agrees to satisfy within two (2) business days from said demand. 4.7.11 Merchant accepts and acknowledges that Acquirer(s) are expressly authorized and instructed by Merchant to make payment to a bank account owned managed by BlueSnap, and that by payment of any remittance by Acquirer to such bank account, Acquirer is fulfilling its obligations to transfer remittances totaling such sum to Merchant and that Acquirer shall have no further liability in respect of that sum to Merchant. 4.7.11 4.7.12 Merchant is solely responsible for obtaining the consent of End-User Customers with respect to transmission and storage of personal information (as defined by the jurisdiction of the End-User) and recurring billing transactions and it is Merchant’s duty to advise End- End-User Customers that BlueSnap passes data records containing personal information outside the European Union in accordance with BlueSnap’s privacy policy. Merchant shall obtain in writing the End-User’s/cardholder’s consent to storage and use of his/her Visa and/or Mastercard information for the purpose of future merchant- initiated or cardholder-initiated transactions as required under the Card Rules and the data protection/privacy regulations of the applicable jurisdiction. 4.7.12 4.7.13 Merchant shall not hold nor store any CVV or magnetic card strip information under any circumstances. 4.7.13 4.7.14 Merchant agrees that for determination of its compliance with its obligations under this Agreement and any Acquirer agreement that the Acquirer may have access to Merchant’s information and systems for purposes of audit. 4.7.15 Should Merchant seek to provide any wallet services as defined by the Card Association Rules, it shall first notify BlueSnap in writing, and shall not transmit any such transactions until it has been registered with relevant Card Association(s) and Acquirer(s), provided BlueSnap with written proof thereof, including compliance with any related PCI requirements. Furthermore, Merchant shall obtain and record the consent of all End-Customer Users for the use of any credit or debit card for staged wallet services, and ensure that all transactions are in accordance with Card Association Rules and all Acquirer requirements, including as required the transmission of the appropriate merchant verification value (MVV).

Additional Acceptances. Xxxxxxxx acknowledges and agrees: 4.7.1 To comply with all applicable credit card company standards, Card Association Rules, FTC regulations, best practices and guidelines, and PCI standards and requirements as amended from time to time. 4.7.2 That the relevant credit card company is the sole and exclusive owner of its marks. 4.7.3 Not to contest the ownership of any relevant credit card company marks. 4.7.4 To accept the responsibility to continue to review and be bound by Card Association Rules as published on the card company websites including relevant best practices and guidelines in order to determine whether any amendments or changes have occurred. 4.7.5 To accept that Card Associations have the right to enforce such provisions against BlueSnap and the Merchant including the right to prohibit Merchant from engaging in any conduct that any Card Association in its sole discretion deems likely to injure or cause risk of injury to it or its reputation or that may adversely affect the integrity of the credit card interchange system or confidential information as defined in the Card Association Rules. Xxxxxxxx further agrees not to take any action that could interfere with or prevent the exercise of such right by any Card Association. 4.7.6 That Card Associations, Acquiring Banks, credit card companies may terminate or suspend at their own discretion and without notice or penalty, Xxxxxxxx’s participation in the Services and/or Merchant’s use of credit company marks. 4.7.7 That the practices, rules, terms and conditions of the payment industry and Card Association Rules are under constant evolvement and development and that the provision of the Services is strictly conditional on the Merchant agreeing to be bound thereby. 4.7.8 That with respect to any security obligations including PCI requirements, BlueSnap shall not be liable to Merchant, End-Customer User or any other party for any malicious, intentional or unintentional loss, disruption, corruption, redirection, interception or interruption of any transaction or flow of data including End-User Personal Data that occurs outside the scope BlueSnap Services. 4.7.9 That certain payment methods offered by certain Service Providers may not be regulated by Card Associations or legislation. Merchant accepts that BlueSnap shall not be responsible for any shortfall or payment of sums due from such Services Providers to Merchant in respect of their default, non-performance or insolvency. 4.7.10 Merchant acknowledges that the relationship arising from this Agreement is between Merchant and BlueSnap and that in no event is any third-party beneficiary status created in any Merchant-affiliated party, or vendor of any marketplace operated by Merchant (“Marketplace Vendor”) notwithstanding any agreement between Merchant and BlueSnap or direction by Merchant to BlueSnap as to allocation of payment of settlement funds or any agreement by Merchant as to allocation or payment of fees with its affiliate(s) or Marketplace Vendor(s). Merchant will defend, indemnify and hold BlueSnap and its affiliates, directors, officers, employees, and agents harmless against any Claims (as defined in Section 9 hereof) against BlueSnap arising out of any relationship between Merchant and affiliate or Marketplace Vendor. 4.7.11 Merchant accepts and acknowledges that Acquirer(s) are expressly authorized and instructed by Merchant to make payment to a bank account owned by BlueSnap, and that by payment of any remittance by Acquirer to such bank account, Acquirer is fulfilling its obligations to transfer remittances totaling such sum to Merchant and that Acquirer shall have no further liability in respect of that sum to Merchant. 4.7.11 4.7.12 Merchant is solely responsible for obtaining the consent of End-User Customers with respect to transmission and storage of personal information (as defined by the jurisdiction of the End-User) and recurring billing transactions and it is Merchant’s duty to advise End- End-User Customers that BlueSnap passes data records containing personal information outside the European Union in accordance with BlueSnap’s privacy policy. 4.7.12 4.7.13 Merchant shall not hold nor store any CVV or magnetic card strip information under any circumstances. 4.7.13 4.7.14 Merchant agrees that for determination of its compliance with its obligations under this Agreement and any Acquirer agreement that the Acquirer may have access to Merchant’s information and systems for purposes of audit. 4.7.15 Should Merchant seek to provide any wallet services as defined by the Card Association Rules, it shall first notify BlueSnap in writing, and shall not transmit any such transactions until it has been registered with relevant Card Association(s) and Acquirer(s), provided BlueSnap with written proof thereof, including compliance with any related PCI requirements. Furthermore, Merchant shall obtain and record the consent of all End-Customer Users for the use of any credit or debit card for staged wallet services, and ensure that all transactions are in accordance with Card Association Rules and all Acquirer requirements, including as required the transmission of the appropriate merchant verification value (MVV).

Additional Acceptances. Xxxxxxxx acknowledges and agrees: 4.7.1 To comply with all applicable credit card company standards, Card Association Rules, FTC regulations, best practices and guidelines, and PCI standards and requirements as amended from time to time. 4.7.2 That the relevant credit card company is the sole and exclusive owner of its marks. 4.7.3 Not to contest the ownership of any relevant credit card company marks. 4.7.4 To accept the responsibility to continue to review and be bound by Card Association Rules as published on the card company websites including relevant best practices and guidelines in order to determine whether any amendments or changes have occurred. 4.7.5 To accept that Card Associations have the right to enforce such provisions against BlueSnap and the Merchant including the right to prohibit Merchant from engaging in any conduct that any Card Association in its sole discretion deems likely to injure or cause risk of injury to it or its reputation or that may adversely affect the integrity of the credit card interchange system or confidential information as defined in the Card Association Rules. Xxxxxxxx further agrees not to take any action that could interfere with or prevent the exercise of such right by any Card Association. 4.7.6 That Card Associations, Acquiring Banks, credit card companies may terminate or suspend at their own discretion and without notice or penalty, Xxxxxxxx’s participation in the Services and/or Merchant’s use of credit company marks. 4.7.7 That the practices, rules, terms and conditions of the payment industry and Card Association Rules are under constant evolvement and development and that the provision of the Services is strictly conditional on the Merchant agreeing to be bound thereby. 4.7.8 That with respect to any security obligations including PCI requirements, BlueSnap shall not be liable to Merchant, End-Customer User or any other party for any malicious, intentional or unintentional loss, disruption, corruption, redirection, interception or interruption of any transaction or flow of data including End-User Personal Data that occurs outside the scope BlueSnap Services. 4.7.9 That certain payment methods offered by certain Service Providers may not be regulated by Card Associations or legislation. Merchant accepts that BlueSnap shall not be responsible for any shortfall or payment of sums due from such Services Providers to Merchant in respect of their default, non-performance or insolvency. 4.7.10 Merchant acknowledges that the relationship arising from this Agreement is between Merchant and BlueSnap and that in no event is any third-party beneficiary status created in any Merchant-affiliated party, or vendor of any marketplace operated by Merchant (“Marketplace Vendor”) notwithstanding any agreement between Merchant and BlueSnap or direction by Merchant to BlueSnap as to allocation of payment of settlement funds or any agreement by Merchant as to allocation or payment of fees with its affiliate(s) or Marketplace Vendor(s). Merchant will defend, indemnify and hold BlueSnap and its affiliates, directors, officers, employees, and agents harmless against any Claims (as defined in Section 9 hereof) against BlueSnap arising out of any relationship between Merchant and affiliate or Marketplace Vendor. Merchant shall be liable to BlueSnap without limitation for any negative balance or any other liability to BlueSnap of any of Merchant’s Marketplace Vendors and BlueSnap shall be entitled at its sole discretion to offset, satisfy or reduce any such negative balance or other liability from amounts (i) due or to be settled by Merchant from BlueSnap, (ii) being held by BlueSnap as a reserve or holdback amount, (iii) in BlueSnap’s possession on behalf of Merchant or, in the alternative, BlueSnap may make demand upon Merchant which Xxxxxxxx agrees to satisfy within two (2) business days from said demand. 4.7.11 Merchant accepts and acknowledges that Acquirer(s) are expressly authorized and instructed by Merchant to make payment to a bank account owned managed by BlueSnap, and that by payment of any remittance by Acquirer to such bank account, Acquirer is fulfilling its obligations to transfer remittances totaling such sum to Merchant and that Acquirer shall have no further liability in respect of that sum to Merchant. 4.7.11 4.7.12 Merchant is solely responsible for obtaining the consent of End-User Customers with respect to transmission and storage of personal information (as defined by the jurisdiction of the End-User) and recurring billing transactions and it is Merchant’s duty to advise End- End-User Customers that BlueSnap passes data records containing personal information outside the European Union in accordance with BlueSnap’s privacy policy. Merchant shall obtain in writing the End-User’s/cardholder’s consent to storage and use of his/her Visa and/or Mastercard information for the purpose of future merchant-initiated or cardholder-initiated transactions as required under the Card Rules and the data protection/privacy regulations of the applicable jurisdiction. 4.7.12 4.7.13 Merchant shall not hold nor store any CVV or magnetic card strip information under any circumstances. 4.7.13 4.7.14 Merchant agrees that for determination of its compliance with its obligations under this Agreement and any Acquirer agreement that the Acquirer or C ar d A s s oci at i on may have access to Merchant’s information and systems for purposes of audit. 4.7.15 Should Merchant seek to provide any wallet services as defined by the Card Association Rules, it shall first notify BlueSnap in writing, and shall not transmit any such transactions until it has been registered with relevant Card Association(s) and Acquirer(s), provided BlueSnap with written proof thereof, including compliance with any related PCI requirements. Furthermore, Merchant shall obtain and record the consent of all End-Customer Users for the use of any credit or debit card for staged wallet services, and ensure that all transactions are in accordance with Card Association Rules and all Acquirer requirements, including as required the transmission of the appropriate merchant verification value (MVV). 4.7.16 Merchant accepts and acknowledges that it shall at all times remain liable and responsible for all fees owed to BlueSnap including all penalties, imposts and fines levied as a result of Xxxxxxxx’s acts and omission, and for all Chargebacks and refunds raised on Xxxxxxxx’s account.

Additional Acceptances. Xxxxxxxx acknowledges and agrees: 4.7.1 To comply with all applicable credit card company standards, Card Association Rules, FTC regulations, best practices and guidelines, and PCI standards and requirements as amended from time to time. 4.7.2 That the relevant credit card company is the sole and exclusive owner of its marks. 4.7.3 Not to contest the ownership of any relevant credit card company marks. 4.7.4 To accept the responsibility to continue to review and be bound by Card Association Rules as published on the card company websites including relevant best practices and guidelines in order to determine whether any amendments or changes have occurred. 4.7.5 To accept that Card Associations have the right to enforce such provisions against BlueSnap and the Merchant including the right to prohibit Merchant from engaging in any conduct that any Card Association in its sole discretion deems likely to injure or cause risk of injury to it or its reputation or that may adversely affect the integrity of the credit card interchange system or confidential information as defined in the Card Association Rules. Xxxxxxxx further agrees not to take any action that could interfere with or prevent the exercise of such right by any Card Association. 4.7.6 That Card Associations, Acquiring Banks, credit card companies may terminate or suspend at their own discretion and without notice or penalty, Xxxxxxxx’s participation in the Services and/or Merchant’s use of credit company marks. 4.7.7 That the practices, rules, terms and conditions of the payment industry and Card Association Rules are under constant evolvement and development and that the provision of the Services is strictly conditional on the Merchant agreeing to be bound thereby. 4.7.8 That with respect to any security obligations including PCI requirements, BlueSnap shall not be liable to Merchant, End-Customer User or any other party for any malicious, intentional or unintentional loss, disruption, corruption, redirection, interception or interruption of any transaction or flow of data including End-User Personal Data that occurs outside the scope BlueSnap Services. 4.7.9 That certain payment methods offered by certain Service Providers may not be regulated by Card Associations or legislation. Merchant accepts that BlueSnap shall not be responsible for any shortfall or payment of sums due from such Services Providers to Merchant in respect of their default, non-performance or insolvency. 4.7.10 Merchant acknowledges that the relationship arising from this Agreement is between Merchant and BlueSnap and that in no event is any third-party beneficiary status created in any Merchant-affiliated party, or vendor of any marketplace operated by Merchant (“Marketplace Vendor”) notwithstanding any agreement between Merchant and BlueSnap or direction by Merchant to BlueSnap as to allocation of payment of settlement funds or any agreement by Merchant as to allocation or payment of fees with its affiliate(s) or Marketplace Vendor(s). Merchant will defend, indemnify and hold BlueSnap and its affiliates, directors, officers, employees, and agents harmless against any Claims (as defined in Section 9 hereof) against BlueSnap arising out of any relationship between Merchant and affiliate or Marketplace Vendor. Merchant shall be liable to BlueSnap without limitation for any negative balance or any other liability to BlueSnap of any of Merchant’s Marketplace Vendors and BlueSnap shall be entitled at its sole discretion to offset, satisfy or reduce any such negative balance or other liability from amounts (i) due or to be settled by Merchant from BlueSnap, (ii) being held by BlueSnap as a reserve or holdback amount, (iii) in BlueSnap’s possession on behalf of Merchant or, in the alternative, BlueSnap may make demand upon Merchant which Xxxxxxxx agrees to satisfy within two (2) business days from said demand. 4.7.11 Merchant accepts and acknowledges that Acquirer(s) are expressly authorized and instructed by Merchant to make payment to a bank account owned managed by BlueSnap, and that by payment of any remittance by Acquirer to such bank account, Acquirer is fulfilling its obligations to transfer remittances totaling such sum to Merchant and that Acquirer shall have no further liability in respect of that sum to Merchant. 4.7.11 4.7.12 Merchant is solely responsible for obtaining the consent of End-User Customers with respect to transmission and storage of personal information (as defined by the jurisdiction of the End-User) and recurring billing transactions and it is Merchant’s duty to advise End- End-User Customers that BlueSnap passes data records containing personal information outside the European Union in accordance with BlueSnap’s privacy policy. Merchant shall obtain in writing the End-User’s/cardholder’s consent to storage and use of his/her Visa and/or Mastercard information for the purpose of future merchant-initiated or cardholder-initiated transactions as required under the Card Rules and the data protection/privacy regulations of the applicable jurisdiction. 4.7.12 4.7.13 Merchant shall not hold nor store any CVV or magnetic card strip information under any circumstances. 4.7.13 4.7.14 Merchant agrees that for determination of its compliance with its obligations under this Agreement and any Acquirer agreement that the Acquirer may have access to Merchant’s information and systems for purposes of audit. 4.7.15 Should Merchant seek to provide any wallet services as defined by the Card Association Rules, it shall first notify BlueSnap in writing, and shall not transmit any such transactions until it has been registered with relevant Card Association(s) and Acquirer(s), provided BlueSnap with written proof thereof, including compliance with any related PCI requirements. Furthermore, Merchant shall obtain and record the consent of all End-Customer Users for the use of any credit or debit card for staged wallet services, and ensure that all transactions are in accordance with Card Association Rules and all Acquirer requirements, including as required the transmission of the appropriate merchant verification value (MVV).