Common use of Continuation of Participation Clause in Contracts

Continuation of Participation. Once an Acquirer Merchant has commenced participation in the Program, Acquirer agrees that, during the term of this Agreement, it will not solicit such Merchant to use the services of another DCC provider, including (if applicable) the DCC services of Acquirer and its Affiliates provided that Planet Payment has not repeatedly violated the Service Level Standards. Notwithstanding anything contained in the foregoing, Acquirer shall have the right to switch an Acquirer Merchant referred to above to any other DCC provider if such Acquirer Merchant specifically requests such other DCC provider. In the event Planet Payment (a) commences offering services as an independent sales organization or acquirer, as such terms are defined in Visa Rules, which are competitive to those of Acquirer or of any Affiliate of Acquirer in the Designated Territory; or (b) is acquired, merges with, or becomes controlled by any person or entity that offers services, which are competitive to those of Acquirer or of any Affiliate of Acquirer in the Designated Territory (other than DCC services), the prohibitions contained in the first sentence of this paragraph shall no longer apply and Acquirer shall no longer be bound by the obligations contained in the first sentence of Section 5.1.

Continuation of Participation. Once an Acquirer Merchant has commenced participation in the Program, Acquirer GPPC agrees that, during the term of this Agreement, it neither GPPC nor Acquirer will not solicit such Merchant to use the services of another DCC provider, including (if applicable) the DCC services of Acquirer and Acquirer, GPPC or its Affiliates provided that Planet Payment has not repeatedly violated the Service Level Standards. Notwithstanding anything contained in the foregoing, Acquirer shall have the right to switch foregoing an Acquirer Merchant referred to above may be switched to any other another DCC provider provider, if such Acquirer Merchant specifically requests such other DCC provider. In the event Planet Payment (a) commences offering services as an independent sales organization or acquirer, as such terms are defined in Visa Rules, which are competitive to those of Acquirer Member, GPPC or of any Affiliate of Acquirer GPPC in the Designated Territory; or (b) is acquired, merges with, or becomes controlled by any person or entity that offers services, which are competitive to those of Acquirer Member, GPPC or of any Affiliate of Acquirer GPPC in the Designated Territory (other than DCC services), the prohibitions contained in the first sentence of this paragraph shall no longer apply and Acquirer GPPC shall no longer be bound by the obligations contained in the first sentence of Section 5.1.