Conversion to American Express Direct Merchant. Merchant acknowledges that it may be converted from American Express Card OptBlue program to a direct relationship with American Express if and when its Transaction volumes exceed the eligibility thresholds for the OptBlue program. If this occurs, upon such conversion, (i) Merchant will be bound by American Express’ then-current Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by Merchant.
Conversion to American Express Direct Merchant. Merchant acknowledges that it may be converted from American Express Card OptBlue program to a direct relationship with American Express if and when it becomes a High CV Merchant, where a “High CV Merchant” is a Merchant whose payment or purchase volume, less refunds and Chargebacks, is (i) greater than USD $1,000,000 in a rolling twelve (12) month period or (ii) greater than USD $100,000 in any three (3) consecutive months (which total shall include the volume from all Merchant’s establishments under the same tax identification number (TIN)). If this occurs, upon such conversion, (i) Merchant will be bound by American Express’ then- current Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by Merchant.
