American Express Program Sample Clauses

American Express Program. Capitalized terms in this Section B, if not otherwise defined herein, are defined in the Merchant Requirements. The following will only apply to Merchant’s participation in the American Express Program. i. Merchant hereby authorizes Processer to submit Transactions to, and receive settlement from, American Express on behalf of the Merchant. If Merchant is placed in the American Express Program, Merchant shall be responsible for complying with the provisions set forth in Exhibit D hereto incorporated into this Section B by reference and the Merchant Requirements (located at xxx.xxxxxx.xxx/xxxxxxxxxxxxxxxxxxxxxxxx ii. Processor may disclose Transaction Data, Merchant Data, and other information about the Merchant to American Express; and American Express may use such information (i) to perform its responsibilities in connection with the Program, (ii) to promote the American Express Network, (iii) to perform analytics and create reports, and (iv) for any other lawful business purposes, including but not limited to marketing purposes within the parameters of the Agreement. American Express may use the information from the Agreement at the time of setup to screen and/or monitor Merchant in connection with Card marketing and administrative purposes. iii. Merchant may be converted from the American Express Program to a direct Card acceptance relationship with American Express if and when Merchant has either (i) greater than $1,000,000 in Charge Volume in a rolling twelve (12) month prior or (ii) greater than $1,000,000 in Charge Volume in any three (3) consecutive months (hereinafter “High CV Merchant”). Upon conversion, (i) the Merchant will be bound by American Express’ then-current Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by the Merchant for Card acceptance. iv. Merchant shall not assign to any third party any payments due to it under the Agreements, and all indebtedness arising from Charges will be for bona fide sales of goods and services (or both) at its Establishments and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that the Merchant may sell and assign future Transaction receivables to Processor, its affiliated entities and/or any other cash advance funding source that partners with Processor or its affiliated entities, without consent of American Express. v. Third-party beneficiary rights may be conferred to American Express, but not obligations of the Agre...