Common use of American Express Program Clause in Contracts

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 Agreement, providing American Express the ability to enforce the terms of the Agreement against the Merchant in association with the American Express Program only. vi. Merchant may elect to opt out of accepting American Express Cards at any time without directly or indirectly affecting its rights to accept other payment products by notifying Processor. vii. Processor may terminate the Merchant’s right to accept American Express Cards if it breaches any of the provisions in this Section C or Exhibit D. viii. Processor has the right to immediately terminate a Merchant from the American Express Program for cause, fraudulent or other activity, or upon American Express’ request. ix. Merchant may not xxxx or collect from any American Express cardholder for any purchase or payment on the Card unless Chargeback has been exercised, the Merchant has fully paid for such Charge, and it otherwise has the right to do so. x. Upon termination of the Agreement or termination of Merchant’s participation in the Program, Merchant must remove any and all American Express Licensed Marks from the Merchant’s Website and wherever else the American Express Marks are displayed by Merchant. xi. Merchant wishes to participate in the Associations and Other Networks systems in connection with the provision of goods and services to any person authorized to use the Cards or the accounts established in connection with the Cards (collectively "Cardholders" or individually "Cardholder") for the sale of goods and services through the use of Cards.

American Express Program. Capitalized terms in this Section B, if not otherwise defined herein, I are defined in the American Express Merchant RequirementsOperating Guide. The following will only apply to MerchantXxxxxxxx’s participation in the American Express Program. i. Merchant a. Xxxxxxxx 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 the Rules Summary and the American Express Merchant Requirements (Operating Guide, which can be located at xxx.xxxxxx.xxx/xxxxxxxxxxxxxxxxxxxxxxxxxxxx://xxx.xxxxxxxxxxxxxxx.xxx/merchantopguide and is incorporated herein by reference. ii. b. 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. c. 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. d. Merchant shall not assign to any third party any payments due to it under the AgreementsAgreement, 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. e. Third-party beneficiary rights may be conferred to American Express, but not obligations of to the Agreement, providing American Express the ability to enforce the terms of the Agreement against the Merchant in association with the American Express Program only. vi. f. Merchant may elect to opt out of accepting American Express Cards at any time without directly or indirectly affecting its rights to accept other payment products by notifying Processor. vii. g. Processor may terminate the Merchant’s right to accept American Express Cards if it breaches any of the provisions in this Section C I, the Rules Summary or Exhibit D.the American Express Merchant Operating Guide. viii. h. Processor has the right to immediately terminate a Merchant from the American Express Program for cause, fraudulent or other activity, or upon American Express’ request. ix. i. Merchant may not xxxx bill or collect from any American Express cardholder for any purchase or payment on the Card unless Chargeback has been exercised, the Merchant has fully paid for such Charge, and it otherwise has the right to do so. x. j. Upon termination of the Agreement or termination of Merchant’s participation in the Program, Merchant must remove any and all American Express Licensed Marks from the Merchant’s Website and wherever else the American Express Marks are displayed by Merchantdisplayed. xi1. American Express Program Transaction Fee/Discount Rate 2. Annual volume <$1,000,000.00 No. (If No, Merchant wishes is not eligible for American Express Program; if No and Merchant‘s volume decreases to participate in the Associations and Other Networks systems in connection with the provision of goods and services <$1,000,000.00, Merchant may be converted to any person authorized American Express Program unless Merchant has elected to use the Cards or the accounts established in connection with the Cards (collectively "Cardholders" or individually "Cardholder") for the sale of goods and services through the use of Cardsopt out by initialing herein.)

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 MerchantXxxxxxxx’s participation in the American Express Program. i. Merchant Xxxxxxxx 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 Agreement, providing American Express the ability to enforce the terms of the Agreement against the Merchant in association with the American Express Program only. vi. Merchant may elect to opt out of accepting American Express Cards at any time without directly or indirectly affecting its rights to accept other payment products by notifying Processor. vii. Processor may terminate the Merchant’s right to accept American Express Cards if it breaches any of the provisions in this Section C or Exhibit D. viii. Processor has the right to immediately terminate a Merchant from the American Express Program for cause, fraudulent or other activity, or upon American Express’ request. ix. Merchant may not xxxx bill or collect from any American Express cardholder for any purchase or payment on the Card unless Chargeback has been exercised, the Merchant has fully paid for such Charge, and it otherwise has the right to do so. x. Upon termination of the Agreement or termination of Merchant’s participation in the Program, Merchant must remove any and all American Express Licensed Marks from the Merchant’s Website and wherever else the American Express Marks are displayed by Merchant. xi. Merchant wishes to participate in the Associations and Other Networks systems in connection with the provision of goods and services to any person authorized to use the Cards or the accounts established in connection with the Cards (collectively "Cardholders" or individually "Cardholder") for the sale of goods and services through the use of Cards.