Common use of Credit Cards Clause in Contracts

Credit Cards. (a) As long as Supplier accepts specified credit cards, fleet cards, debit cards, or other similar transaction authorization cards (the “Transaction Cards”), each Purchaser shall accept and honor all Transaction Cards identified in Supplier’s Transaction Card manuals or other guidelines (“Card Guide”) or agreements, whether in written or electronic form, for the purchase of authorized motor fuel and services at all locations branded with Supplier’s Proprietary Marks. Notwithstanding the foregoing, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement shall be required to accept and honor all Transaction Cards identified by Seller. (b) For each transaction not authorized, disputed by a customer, or otherwise subject to charge back under the Card Guide, Seller may either charge the amount to the applicable Purchaser’s account or require such Purchaser to make immediate refund to Seller, including refund by draft or EFT initiated by Seller, without any deduction for any processing fee. (c) Each Purchaser acknowledges receipt of a copy of the Card Guide and shall comply fully with the operating rules, terms and conditions thereof. Without limiting any rights or remedies available to Seller, if a Purchaser fails to comply with this Section 8, Seller or Supplier may limit or terminate such Purchaser’s right to participate in Supplier’s Transaction Card program or such Purchaser’s right to use Supplier’s Proprietary Marks. (d) Each Purchaser understands and acknowledges that the Payment Card Industry Data Security Standard as amended from time to time (the “PCI DSS”) contains clearly defined standards setting forth the duties of merchants, like such Purchaser, to secure sensitive cardholder data. Each Purchaser is and shall remain informed of the PCI DSS as the PCI DSS pertains to such Purchaser’s business at the Sites. In addition to the requirements of the Card Guide, each Purchaser shall at all times during the term of this Agreement, and at its sole expense, (i) comply with the PCI DSS; (ii) cause all point-of-sale (“POS”) and other related network hardware and software at the Sites to be, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess the POS and related hardware and software at the Sites pursuant to the PCI DSS; and (iv) permit Seller and/or Supplier and/or Transaction Card representative to inspect and/or test the POS and other related network hardware and software at the Sites. (e) Each Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s fees, arising out of such Purchaser’s breach or violation of, or failure to comply with, the PCI DSS or the Card Guide. The indemnity provision contained in this subsection (e) to this Section 8 shall survive termination or non-renewal of this Agreement.

Appears in 2 contracts

Sources: Fuel Supply Agreement, Fuel Supply Agreement (Empire Petroleum Partners, LP)

Credit Cards. (a) As long as Supplier accepts specified credit cards, fleet cards, debit cards, or other similar transaction authorization cards (the “Transaction Cards”), each Purchaser shall accept and honor all Transaction Cards identified in Supplier’s Transaction Card manuals or other guidelines (“Card Guide”) or agreements, whether in written or electronic form, for the purchase of authorized motor fuel and services at all locations branded with Supplier’s Proprietary Marks. Notwithstanding the foregoing, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement shall be required to accept and honor all Transaction Cards identified by Seller. (b) For each transaction not authorized, disputed by a customer, or otherwise subject to charge back under the Card Guide, Seller may either charge the amount to the applicable Purchaser’s account or require such Purchaser to make immediate refund to Seller, including refund by draft or EFT initiated by Seller, without any deduction for any processing fee. (c) Each Purchaser acknowledges receipt of a copy of the Card Guide and shall comply fully with the operating rules, terms and conditions thereof. Without limiting any rights or remedies available to Seller, if a Purchaser fails to comply with this Section 8, Seller or Supplier may limit or terminate such Purchaser’s right to participate in Supplier’s Transaction Card program or such Purchaser’s right to use Supplier’s Proprietary Marks. (d) Each Purchaser understands and acknowledges that the Payment Card Industry Data Security Standard as amended from time to time (the “PCI DSS”) contains clearly defined standards setting forth the duties of merchants, like such Purchaser, to secure sensitive cardholder data. Each Purchaser is and shall remain informed of the PCI DSS as the PCI DSS pertains to such Purchaser’s business at the Sites. In addition to the requirements of the Card Guide, each Purchaser shall at all times during During the term of this Agreementfranchise, Franchisee shall be entitled to grant credit to holders of credit cards which may be issued by CITGO and/or issued by other companies listed in CITGO’s then current credit card regulations, a copy of which has been provided to Franchisee. It is specifically understood that the granting of credit shall be pursuant to the terms and conditions set forth in such credit card regulations including that such credit extension shall be only in conjunction, with the sale of CITGO products and that CITGO shall have the right in its sole discretion to amend or terminate such regulations and discontinue its credit card program at any time. Franchisee agrees that all credit card invoices which it may transmit and assign to CITGO shall be in conformity with CITGO’s credit card regulations and that CITGO may reject or charge back any credit card invoices not conforming to said instructions. Franchisee further agrees that upon such rejection or charge back, the value of the credit card invoices which were rejected or charged back shall become immediately due and owing from Franchisee to CITGO and may be deducted from subsequent checks for payment of credit card invoices. All credit card invoices shall be forwarded by registered mail or other means authorized by CITGO to such place(s), and at its sole expensesuch time intervals, (i) comply with as CITGO may designate, from time to time. Franchisee expressly agrees that CITGO shall have the PCI DSS; (ii) cause right but not the obligation to apply the proceeds of credit card invoices or any other credits which may be owing to Franchisee toward the payment of any indebtedness owed by Franchisee to CITGO. Franchisee grants to CITGO a security interest in all point-of-sale (“POS”) credit card invoices and other related network hardware and software at proceeds from such credit card invoices to secure the Sites to bepayment of product purchases from CITGO, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess the POS and related hardware and software at the Sites pursuant agrees to the PCI DSS; and (iv) permit Seller and/or Supplier and/or Transaction Card representative execute documents reasonably necessary to inspect and/or test the POS and other related network hardware and software at the Sitesperfect such security interest. (e) Each Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s fees, arising out of such Purchaser’s breach or violation of, or failure to comply with, the PCI DSS or the Card Guide. The indemnity provision contained in this subsection (e) to this Section 8 shall survive termination or non-renewal of this Agreement.

Appears in 2 contracts

Sources: Distributor Franchise Agreement, Distributor Franchise Agreement (Susser Holdings CORP)

Credit Cards. a. INSTALLMENT TRANSACTIONS i. MERCHANT shall observe all the standard procedures for card acceptance, completion of card transaction and settlement as provided under this Agreement. MERCHANT shall likewise observe all the applicable procedures on Installment in the MOG. ii. MERCHANT has the option to avail of the following installment programs that it deems preferable for its business: regular rate installment, reduced rate installment, zero percent (a0%) As long interest installment and deferred installment. The mechanics, procedures and rates for these programs shall be provided by MCC to the MERCHANT. MCC reserves the right to change the rate on Installment upon prior written notice to the MERCHANT. iii. The minimum transaction for Installment is PhP3,000.00 or such other amount as Supplier accepts specified credit cards, fleet cards, debit cards, or other similar transaction may be notified in writing by MCC to the MERCHANT. iv. MERCHANT shall acquire prior authorization cards (the “Transaction Cards”), each Purchaser shall accept and honor all Transaction Cards identified in Supplier’s Transaction Card manuals or other guidelines (“Card Guide”) or agreements, whether in written or electronic form, from MCC for the purchase amount being charged to the Credit Card. In requesting authorization for Installment, MERCHANT shall provide MCC with the following minimum information: Cardholder Name, Card Account Number, Merchant Code, Price of authorized motor fuel the item or service, Payment Terms selected by the Cardholder, Applicable Rate to be used and services at all locations branded with Supplier’s Proprietary Marks. Notwithstanding the foregoingMonthly Amortization to be paid by the Cardholder. v. As a rule, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement an Installment shall be required done on-line. MERCHANT shall strictly follow the procedures governing Installments contained in the MOG. If however, the POS terminal is unavailable, Installment Transactions shall be done via the Manual mode, where the MERCHANT shall call MCC and request for the Authorization specifically for Installment. MCC may modify the approval process and the approving authority from time to accept and honor all Transaction Cards identified by Sellertime, as may be notified to MERCHANT. (b) For each transaction vi. The foregoing conditions shall govern only to Installment and shall not authorized, disputed by a customer, or otherwise subject apply to charge back under the Card Guide, Seller may either charge the amount to the applicable Purchaser’s account or require such Purchaser to make immediate refund to Seller, including refund by draft or EFT initiated by Seller, without any deduction for any processing feeregular purchases not made on installment basis. (c) Each Purchaser acknowledges receipt of a copy of the Card Guide and shall comply fully with the operating rules, vii. All other terms and conditions thereof. Without limiting any rights or remedies available in the Agreement, including but not limited to Sellerthe provisions on Chargeback, if a Purchaser fails to comply Fraud, et al., which are not inconsistent with this Section 8, Seller or Supplier may limit or terminate such Purchaser’s right to participate provision on Installment shall remain in Supplier’s Transaction Card program or such Purchaser’s right to use Supplier’s Proprietary Marksfull force and effect. (d) Each Purchaser understands and acknowledges that the Payment Card Industry Data Security Standard as amended from time to time (the “PCI DSS”) contains clearly defined standards setting forth the duties of merchants, like such Purchaser, to secure sensitive cardholder data. Each Purchaser is and shall remain informed of the PCI DSS as the PCI DSS pertains to such Purchaser’s business at the Sites. In addition to the requirements of the Card Guide, each Purchaser shall at all times during the term of this Agreement, and at its sole expense, (i) comply with the PCI DSS; (ii) cause all point-of-sale (“POS”) and other related network hardware and software at the Sites to be, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess the POS and related hardware and software at the Sites pursuant to the PCI DSS; and (iv) permit Seller and/or Supplier and/or Transaction Card representative to inspect and/or test the POS and other related network hardware and software at the Sites. (e) Each Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s fees, arising out of such Purchaser’s breach or violation of, or failure to comply with, the PCI DSS or the Card Guide. The indemnity provision contained in this subsection (e) to this Section 8 shall survive termination or non-renewal of this Agreement.b. CARD NOT PRESENT TRANSACTIONS

Appears in 1 contract

Sources: Merchant Agreement

Credit Cards. a. INSTALLMENT TRANSACTIONS i. MERCHANT shall observe all the standard procedures for card acceptance, completion of card transaction and settlement as provided under this Agreement. MERCHANT shall likewise observe all the applicable procedures on Installment in the MOG. ii. MERCHANT has the option to avail of the following installment programs that it deems preferable for its business: regular rate installment, reduced rate installment, zero percent (a0%) As long interest installment and deferred installment. The mechanics, procedures and rates for these programs shall be provided by MCC to the MERCHANT. MCC reserves the right to change the rate on Installment upon prior written notice to the MERCHANT. iii. The minimum transaction for Installment is PhP3,000.00 or such other amount as Supplier accepts specified credit cards, fleet cards, debit cards, or other similar transaction may be notified in writing by MCC to the MERCHANT. iv. MERCHANT shall acquire prior authorization cards (the “Transaction Cards”), each Purchaser shall accept and honor all Transaction Cards identified in Supplier’s Transaction Card manuals or other guidelines (“Card Guide”) or agreements, whether in written or electronic form, from MCC for the purchase amount being charged to the Credit Card. In requesting authorization for Installment, MERCHANT shall provide MCC with the following minimum information: Cardholder Name, Card Account Number, Merchant Code, Price of authorized motor fuel the item or service, Payment Terms selected by the Cardholder, Applicable Rate to be used and services at all locations branded with Supplier’s Proprietary Marks. Notwithstanding the foregoingMonthly Amortization to be paid by the Cardholder. v. As a rule, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement an Installment shall be required done on-line. MERCHANT shall strictly follow the procedures governing Installments contained in the MOG. If however, the POS terminal is unavailable, Installment Transactions shall be done via the Manual mode, where the MERCHANT shall call MCC and request for the Authorization specifically for Installment. MCC may modify the approval process and the approving authority from time to accept and honor all Transaction Cards identified by Sellertime, as may be notified to MERCHANT. (b) For each transaction vi. The foregoing conditions shall govern only to Installment and shall not authorized, disputed by a customer, or otherwise subject apply to charge back under the Card Guide, Seller may either charge the amount to the applicable Purchaser’s account or require such Purchaser to make immediate refund to Seller, including refund by draft or EFT initiated by Seller, without any deduction for any processing feeregular purchases not made on installment basis. (c) Each Purchaser acknowledges receipt of a copy of the Card Guide and shall comply fully with the operating rules, vii. All other terms and conditions thereof. Without limiting any rights or remedies available in the Agreement, including but not limited to Sellerthe provisions on Chargeback, if a Purchaser fails to comply Fraud, et al., which are not inconsistent with this Section 8, Seller or Supplier may limit or terminate such Purchaser’s right to participate in Supplier’s Transaction Card program or such Purchaser’s right to use Supplier’s Proprietary Marks. (d) Each Purchaser understands and acknowledges that the Payment Card Industry Data Security Standard as amended from time to time (the “PCI DSS”) contains clearly defined standards setting forth the duties of merchants, like such Purchaser, to secure sensitive cardholder data. Each Purchaser is and provision on Installment shall remain informed of the PCI DSS as the PCI DSS pertains to such Purchaser’s business at the Sites. In addition to the requirements of the Card Guide, each Purchaser shall at all times during the term of this Agreement, in full force and at its sole expense, (i) comply with the PCI DSS; (ii) cause all point-of-sale (“POS”) and other related network hardware and software at the Sites to be, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess the POS and related hardware and software at the Sites pursuant to the PCI DSS; and (iv) permit Seller and/or Supplier and/or Transaction Card representative to inspect and/or test the POS and other related network hardware and software at the Siteseffect. (e) Each Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s fees, arising out of such Purchaser’s breach or violation of, or failure to comply with, the PCI DSS or the Card Guide. The indemnity provision contained in this subsection (e) to this Section 8 shall survive termination or non-renewal of this Agreement.

Appears in 1 contract

Sources: Merchant Agreement

Credit Cards. (a) As long Marketer shall accept as Supplier accepts specified credit cards, fleet cardspayment from retail customers CITGO approved credit, debit cards, or other similar transaction authorization and payment cards (the collectively, Transaction Payment Cards”)) in accordance with the provisions of CITGO’s credit card guide and regulations, each Purchaser shall accept and honor all Transaction Cards identified in Supplier’s Transaction Card manuals or other guidelines (“Card Guide”) or agreements, whether in written or electronic form, for the purchase of authorized motor fuel and services at all locations branded with Supplier’s Proprietary Marks. Notwithstanding the foregoing, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement shall be required to accept and honor all Transaction Cards identified by Seller. (b) For each transaction not authorized, disputed by a customer, or otherwise subject to charge back under the Card Guide, Seller may either charge the amount to the applicable Purchaser’s account or require such Purchaser to make immediate refund to Seller, including refund by draft or EFT initiated by Seller, without any deduction for any processing fee. (c) Each Purchaser acknowledges receipt of a copy of which has been provided to Marketer. CITGO shall have the Card Guide and shall comply fully with the operating rules, terms and conditions thereof. Without limiting any rights or remedies available right in its sole discretion to Seller, if a Purchaser fails to comply with this Section 8, Seller or Supplier may limit amend or terminate such Purchaser’s right guide and regulations and discontinue its program at any time. CITGO may reject or charge back any Payment Card invoices not conforming to participate in Supplier’s Transaction Card program the credit card guide and regulations. Marketer further agrees that upon such rejection or such Purchaser’s right to use Supplier’s Proprietary Marks. (d) Each Purchaser understands and acknowledges that charge back, the value of the Payment Card Industry Data Security Standard as amended invoices which were rejected or charged back shall become immediately due and owing from time Marketer to time (CITGO and may be deducted from subsequent settlements of Payment Card transactions. Marketer expressly agrees that CITGO shall have the “PCI DSS”) contains clearly defined standards setting forth right but not the duties obligation to apply the proceeds of merchants, like Payment Card invoices or any other credits which may be owing to Marketer toward the payment of any indebtedness owed by Marketer to CITGO. Marketer grants to CITGO a security interest in all Payment Card invoices and proceeds from such Purchaser, Payment card invoices to secure sensitive cardholder datathe payment of product purchases from CITGO, and agrees to execute documents reasonably necessary to perfect such security interest. Each Purchaser is and shall remain informed Marketer further agrees to maintain in good working order all of the PCI DSS as electronic POS systems located at all CITGO branded stations that are supplied by Marketer. Good working order includes having the PCI DSS pertains to such Purchaser’s business at POS systems properly configured and operating on the Sites. In addition to the requirements most current version of the Card Guide, each Purchaser shall at all times during the term of this Agreement, and at its sole expense, (i) comply with the PCI DSS; (ii) cause all point-of-sale (“POS”) and other related network hardware and software at the Sites to be, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess application software. CITGO may deactivate the POS and related hardware and software at the Sites pursuant to the PCI DSS; and (iv) permit Seller and/or Supplier and/or Transaction Card representative to inspect and/or test the POS and other related network hardware and software at the Sites. (e) Each Purchaser shall indemnify, defend and hold Seller harmless system for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s fees, arising out of such Purchaser’s breach or violation of, or failure to comply with, the PCI DSS or the Card Guide. The indemnity provision contained station not in this subsection (e) to this Section 8 shall survive termination or non-renewal of this Agreementcompliance.

Appears in 1 contract

Sources: Marketer Franchise Agreement (Jacobs Entertainment Inc)

Credit Cards. a. INSTALLMENT TRANSACTIONS i. MERCHANT shall observe all the standard procedures for card acceptance, completion of card transaction and settlement as provided under this Agreement. MERCHANT shall likewise observe all the applicable procedures on Installment in the MOG. ii. MERCHANT has the option to avail of the following installment programs that it deems preferable for its business: regular rate installment, reduced rate installment, zero percent (a0%) As long interest installment and deferred installment. The mechanics, procedures and rates for these programs shall be provided by METROBANK to the MERCHANT. METROBANK reserves the right to change the rate on Installment upon prior written notice to the MERCHANT. iii. The minimum transaction for Installment is PhP3,000.00 or such other amount as Supplier accepts specified credit cards, fleet cards, debit cards, or other similar transaction may be notified in writing by PLEASE SIGN ON ALL PAGES METROBANK to the MERCHANT. iv. MERCHANT shall acquire prior authorization cards (the “Transaction Cards”), each Purchaser shall accept and honor all Transaction Cards identified in Supplier’s Transaction Card manuals or other guidelines (“Card Guide”) or agreements, whether in written or electronic form, from METROBANK for the purchase amount being charged to the Credit Card. In requesting authorization for Installment, MERCHANT shall provide METROBANK with the following minimum information: Cardholder Name, Card Account Number, Merchant Code, Price of authorized motor fuel the item or service, Payment Terms selected by the Cardholder, Applicable Rate to be used and services at all locations branded with Supplier’s Proprietary Marks. Notwithstanding the foregoingMonthly Amortization to be paid by the Cardholder. v. As a rule, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement an Installment shall be required done on-line. MERCHANT shall strictly follow the procedures governing Installments contained in the MOG. If, however, the POS terminal is unavailable, Installment Transactions shall be done via the Manual mode, where the MERCHANT shall call METROBANK and request for the Authorization specifically for Installment. METROBANK may modify the approval process and the approving authority from time to accept and honor all Transaction Cards identified by Sellertime, as may be notified to MERCHANT. (b) For each transaction vi. The foregoing conditions shall govern only to Installment and shall not authorizedapply to regular purchases not made on installment basis. vii. All other terms and conditions in the Agreement, disputed by a customer, or otherwise subject to charge back under the Card Guide, Seller may either charge the amount including but not limited to the applicable Purchaser’s account or require such Purchaser to make immediate refund to Sellerprovisions on Chargeback, including refund by draft or EFT initiated by SellerFraud, without any deduction for any processing feeet al., which are not inconsistent with this provision on Installment shall remain in full force and effect. (c) Each Purchaser acknowledges receipt b. CARD NOT PRESENT TRANSACTIONS i. Approval of a copy CNP Transactions – a. Before the MERCHANT may accept any CNP Transaction, it shall require the Cardholder to submit an Order Form which must be signed by the Cardholder and contain the following details: i. The name and the address of the MERCHANT, the Merchant ID Number, and the name, Card or Card account number and Card expiry date of the Cardholder; ii. The name or trade name of the issuer of the Card Guide and shall comply fully with as it appears on the operating rules, terms and conditions thereofface of the card; and iii. Without limiting any rights or remedies available to Seller, if a Purchaser fails to comply with this Section 8, Seller or Supplier may limit or terminate such Purchaser’s right to participate The total amount of the order in Supplier’s Transaction Card program Philippine Pesos or such Purchaser’s right to use Supplier’s Proprietary Marksother currency permitted by METROBANK. (d) Each Purchaser understands b. The MERCHANT shall also request and acknowledges that the Payment Card Industry Data Security Standard as amended from time to time (the “PCI DSS”) contains clearly defined standards setting forth the duties of merchants, like such Purchaser, to secure sensitive cardholder data. Each Purchaser is and shall remain informed keep a photocopy of the PCI DSS as Cardholder’s valid identity card and the PCI DSS pertains to such Purchaser’s business at the Sites. In addition to the requirements front portion of the Card Guidesubject to the Account Data Security. c. The MERCHANT shall always secure authorization and authorization code numbers for CNP Transactions through the EDC Terminals or through manual authorization, each Purchaser shall at all times during the term of in accordance to this Agreement, and at its sole expense, (i) comply with the PCI DSS; (ii) cause all point-of-sale (“POS”) and other related network hardware and software at the Sites to be, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess the POS and related hardware and software at the Sites pursuant to the PCI DSS; and (iv) permit Seller and/or Supplier and/or Transaction . There is no Floor Limit for CNP Card representative to inspect and/or test the POS and other related network hardware and software at the SitesTransactions. (e) Each Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s fees, arising out of such Purchaser’s breach or violation of, or failure to comply with, the PCI DSS or the Card Guide. The indemnity provision contained in this subsection (e) to this Section 8 shall survive termination or non-renewal of this Agreement.

Appears in 1 contract

Sources: Merchant Agreement

Credit Cards. (a) As long as Supplier accepts specified credit cards, fleet cards, debit cards, or other similar transaction authorization cards (the “Transaction Cards”), each Purchaser shall accept and honor all Transaction Cards identified in Supplier’s Transaction Card manuals or other guidelines (“Card Guide”) or agreements, whether in written or electronic form, for the purchase of authorized motor fuel and services at all locations branded with Supplier’s Proprietary Marks. Notwithstanding the foregoing, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement shall be required to accept and honor all Transaction Cards identified by Seller. (b) For each transaction not authorized, disputed by a customer, or otherwise subject to charge back under the Card Guide, Seller may either charge the amount grant credit to the applicable Purchaser’s account or require such Purchaser to make immediate refund to Sellerholders of credit cards which may be issued by ALKHALIFA and/or issued by other companies listed in ALKHALIFA's then current credit card regulations, including refund by draft or EFT initiated by Seller, without any deduction for any processing fee. (c) Each Purchaser acknowledges receipt of a copy of which has been provided to Seller. It is specifically understood that the Card Guide and granting of credit shall comply fully with be pursuant to the operating rules, terms and conditions thereof. Without limiting any rights or remedies available set forth in such credit card regulations including that such credit extension shall be only in conjunction with the sale of ALKHALIFA products and that ALKHALIFA shall have the right, in its sole discretion, to Seller, if a Purchaser fails to comply with this Section 8, Seller or Supplier may limit amend or terminate such Purchaser’s right regulations and discontinue this credit card program at any time. Seller may also grant credit to participate such ALKHALIFA credit card holders for other items of merchandise sold by Seller at the Premises which are not ALKHALIFA products, but only if Seller has been given specific written permission by ALKHALIFA to extend such credit. Seller agrees that all credit card invoices which it may transmit and assign to ALKHALIFA shall be in Supplier’s Transaction Card program conformity with ALKHALIFA's credit card regulations and that ALKHALIFA may reject or charge back any credit card invoices not conforming to said instructions. Seller further agrees that, upon such Purchaser’s right rejection or charge back, the value of the credit card invoices which were rejected or charged back shall become immediately due and owing from Seller to use Supplier’s Proprietary Marks. (dALKHALIFA and may be deducted from subsequent checks for payment of credit card invoices. All credit card invoices shall be forwarded by registered mail or other means authorized by ALKHALIFA to such place(s) Each Purchaser understands and acknowledges that the Payment Card Industry Data Security Standard at such time intervals as amended ALKHALIFA my designate from time to time (the “PCI DSS”) contains clearly defined standards setting forth the duties of merchants, like such Purchaser, to secure sensitive cardholder data. Each Purchaser is and shall remain informed of the PCI DSS as the PCI DSS pertains to such Purchaser’s business at the Sites. In addition to the requirements of the Card Guide, each Purchaser shall at all times during the term of this Agreement, and at its sole expense, (i) comply with the PCI DSS; (ii) cause all point-of-sale (“POS”) and other related network hardware and software at the Sites to be, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess the POS and related hardware and software at the Sites pursuant to the PCI DSS; and (iv) permit Seller and/or Supplier and/or Transaction Card representative to inspect and/or test the POS and other related network hardware and software at the Sitestime. (e) Each Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s fees, arising out of such Purchaser’s breach or violation of, or failure to comply with, the PCI DSS or the Card Guide. The indemnity provision contained in this subsection (e) to this Section 8 shall survive termination or non-renewal of this Agreement.

Appears in 1 contract

Sources: Purchase and Supply Agreement (Fuelnation Inc)

Credit Cards. (a) As long as Supplier a Branded Marketer accepts specified credit cards, fleet cards, debit cards, or other similar transaction authorization cards (the “Transaction Cards”), each Purchaser shall accept and honor all Transaction Cards identified in SupplierBranded Marketer’s Transaction Card manuals or other guidelines (“Card Guide”) or agreements, whether in written or electronic formform (the “Branded Marketer Card Guide”), for the purchase of authorized motor fuel products and services at all locations branded with SupplierBranded Marketer’s Proprietary Marks. Notwithstanding the foregoing, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement shall be required to accept and honor all Transaction Cards identified by SellerBrand. (b) Given how the Branded Marketer Agreements are structured, the money for Transaction Card transactions at the WNR Sites may be paid directly to Seller. In such instances, those amounts will be treated as a payment by Purchaser under this Agreement. For each Transaction Card transaction not authorized, disputed by a customer, or otherwise subject to charge back under the Branded Marketer Card Guide, Seller may either charge the amount to the applicable Purchaser’s account or require such Purchaser to make immediate refund to Seller, including refund by draft or EFT initiated by SellerElectronic Funds Transfer (“EFT”), without any deduction for any processing fee. Notwithstanding anything contained herein, Purchaser shall be entirely responsible for all amounts due and payable hereunder and will only be entitled to a credit for amounts actually received and retained (i.e. not subsequently required to be repaid or otherwise returned) by Seller from Transaction Card transactions. (c) Each Purchaser acknowledges receipt of a copy of the Branded Marketer Card Guide and shall comply fully with the operating rules, terms and conditions thereof. Without limiting any rights or remedies available to Seller, if a Purchaser fails to comply with this Section 87, Seller or Supplier Branded Marketer may limit or terminate such Purchaser’s right to participate in SupplierBranded Marketer’s Transaction Card program or such Purchaser’s right to use SupplierBranded Marketer’s Proprietary Marks. (d) Each Purchaser understands and acknowledges that the Payment Card Industry Data Security Standard (as amended from time to time (time, the “PCI DSS”) contains clearly defined standards setting forth the duties of merchants, like such the Purchaser, to secure sensitive cardholder data. Each Purchaser is and shall remain informed of the PCI DSS as the PCI DSS pertains to such the Purchaser’s business at the WNR Sites. In addition to the requirements of the Branded Marketer Card Guide, each Purchaser shall at all times during the term of this Agreement, and at its sole expense, (i) comply with the PCI DSS; (ii) cause all point-of-sale (“POS”) and other related network hardware and software at the WNR Sites to be, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess the POS and related hardware and software at the WNR Sites pursuant to the PCI DSS; and (iv) permit Seller and/or Supplier any Branded Marketer and/or Transaction Card representative to inspect and/or test the POS and other related network hardware and software at the WNR Sites. (e) Each Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s fees, arising out of such the Purchaser’s breach or violation of, or failure to comply with, (i) the PCI DSS DSS, (ii) any other requirements imposed on the operations of Purchaser’s WNR Sites under the Branded Marketer Agreements, including any Image and Operations Guidelines (as defined below), or (iii) the Branded Marketer Card Guide. The indemnity provision contained in this subsection (eSection 7(e) to this Section 8 shall survive termination or non-renewal expiration of this Agreement.

Appears in 1 contract

Sources: Fuel Distribution and Supply Agreement (Western Refining, Inc.)

Credit Cards. (a) As long Purchaser acknowledges that Seller is required by the Suppliers to participate in and comply with, and is required to assure that Purchaser and its Dealer-Customers (as Supplier accepts hereinafter defined) participate in and comply with, the requirements of the respective Suppliers' credit card programs including the right and obligation to accept credit cards issued or accepted by the Suppliers (and including any fees payable to the Suppliers in connection therewith as specified by the Suppliers from time to time). Accordingly, during the Term, Purchaser shall, and shall cause each Station to, honor each applicable Supplier's proprietary credit cards, fleet cards, debit cards, or other similar transaction authorization cards (the “Transaction Cards”), each Purchaser shall accept and honor all Transaction Cards major credit cards identified in such Supplier’s Transaction Card manuals or other guidelines 's credit card guide (each a "Card Guide") or agreementsas an authorized card for purchases made at such Stations, whether provided that such sales are made in written or electronic form, for accordance with the purchase terms and conditions of authorized motor fuel and services at all locations branded with Supplier’s Proprietary Marks. Notwithstanding the foregoing, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement shall be required to accept and honor all Transaction Cards identified by Seller. (b) For each transaction not authorized, disputed by a customer, or otherwise subject to charge back under the Card Guide, Seller may either charge the amount to the applicable Purchaser’s account or require such . Purchaser to make immediate refund to Seller, including refund by draft or EFT initiated by Seller, without any deduction for any processing fee. (c) Each Purchaser specifically acknowledges receipt of a copy of the each applicable Supplier's Card Guide and shall comply fully with agrees to be bound by all of the operating rules, terms and conditions thereof, as amended from time to time. Without limiting any rights or remedies available Purchaser shall provide its Dealer-Customers a copy of the applicable Supplier's Card Guide and cause each such Dealer-Customer to Seller, if a Purchaser fails be bound in writing to comply in full with all of the applicable guidelines and requirements contained therein. Purchaser acknowledges that the honoring of the Suppliers' proprietary credit cards and compliance with the terms, conditions, and requirements of the Card Guides by Purchaser and its Dealer-Customers is a material and important part of the consideration for this Agreement. Seller shall be entitled to receive and retain all incentives, rebates or other financial benefits payable by any Supplier with respect to credit card transactions at the Stations, notwithstanding the provisions of Section 814 below. Purchaser agrees that in no event shall Purchaser or its Dealer-Customers charge a customer for the extension of credit, Seller impose a credit price which is higher than the cash price, or Supplier may limit or terminate such Purchaser’s right apply a surcharge to participate in any amounts due from any customer making a credit card purchase with any Supplier’s Transaction Card program or such Purchaser’s right to use Supplier’s 's proprietary credit cards utilizing any of their Proprietary Marks. (db) Each Purchaser understands and acknowledges that the Payment Card Industry Data Security Standard as amended from time to time (the "PCI DSS") contains clearly defined standards setting forth the duties of merchants, like such the Purchaser, to secure sensitive cardholder data. Each Purchaser is shall become informed, and shall remain informed cause its Dealer-Customers to become informed, of the PCI DSS as the PCI DSS pertains to such the Purchaser’s 's business and the business of each of the Dealer-Customers at the SitesDealer-Customer's Station. In addition to the requirements of the Card GuidePurchaser shall, each Purchaser shall at all times during the term of this Agreement, and at its sole expense, (i) comply comply, and cause each Dealer-Customer to comply, with the PCI DSS; (ii) cause all point-of-sale (“POS”) POS and other related network hardware and software at the Sites each Station to be, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess cause the POS and related hardware and software at the Sites each Station to be regularly monitored, tested and/or assessed pursuant to the PCI DSS; and (iv) permit permit, and cause each Dealer-Customer to permit, Seller and/or Supplier and/or Transaction Card representative to inspect and/or test the POS and other related network hardware and software at each of the SitesStations. Purchaser shall cause each of its Dealer-Customers to be bound in writing to comply in full with the terms contained in this subsection (b). (ec) Each Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s 's fees, arising out of such the Purchaser’s 's or any Dealer-Customer's breach or violation of, or failure to comply with, the PCI DSS or the Card GuideGuides. The indemnity provision contained in this subsection (ec) to this Section 8 shall survive termination or non-renewal of this Agreement.

Appears in 1 contract

Sources: Sub Jobber Agreement (CrossAmerica Partners LP)

Credit Cards. (a) As long as Supplier accepts specified credit cards, fleet cards, debit cards, or other similar transaction authorization cards (the “Transaction Cards”), each Purchaser shall accept and honor all Transaction Cards identified in Supplier’s Transaction Card manuals or other guidelines (“Card Guide”) or agreements, whether in written or electronic form, for the purchase of authorized motor fuel and services at all locations branded with Supplier’s Proprietary Marks. Notwithstanding the foregoing, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement shall be required to accept and honor all Transaction Cards identified by Seller. (b) For each transaction not authorized, disputed by a customer, or otherwise subject to charge back under the Card Guide, Seller may either charge the amount to the applicable Purchaser’s account or require such Purchaser to make immediate refund to Seller, including refund by draft or EFT initiated by Seller, without any deduction for any processing fee. (c) Each Purchaser acknowledges receipt of a copy of the Card Guide and shall comply fully with the operating rules, terms and conditions thereof. Without limiting any rights or remedies available to Seller, if a Purchaser fails to comply with this Section 8, Seller or Supplier may limit or terminate such Purchaser’s right to participate in Supplier’s Transaction Card program or such Purchaser’s right to use Supplier’s Proprietary Marks. (d) Each Purchaser understands and acknowledges that the Payment Card Industry Data Security Standard as amended from time to time (the “PCI DSS”) contains clearly defined standards setting forth the duties of merchants, like such Purchaser, to secure sensitive cardholder data. Each Purchaser is and shall remain informed of the PCI DSS as the PCI DSS pertains to such Purchaser’s business at the Sites. In addition to the requirements of the Card Guide, each Purchaser shall at all times during During the term of this Agreementfranchise, Franchisee shall be entitled to grant credit to holders of credit cards which may be issued by CITGO and/or issued by other companies listed in CITGO's then current credit card regulations, a copy of which has been provided to Franchisee. It is specifically understood that the granting of credit shall be pursuant to the terms and conditions set forth in such credit card regulations including that such credit extension shall be only in conjunction, with the sale of CITGO products and that CITGO shall have the right in its sole discretion to amend or terminate such regulations and discontinue its credit card program at any time. Franchisee agrees that all credit card invoices which it may transmit and assign to CITGO shall be in conformity with CITGO's credit card regulations and that CITGO may reject or charge back any credit card invoices not conforming to said instructions. Franchisee further agrees that upon such rejection or charge back, the value of the credit card invoices which were rejected or charged back shall become immediately due and owing from Franchisee to CITGO and may be deducted from subsequent checks for payment of credit card invoices. All credit card invoices shall be forwarded by registered mail or other means authorized by CITGO to such place(s), and at its sole expensesuch time intervals, (i) comply with as CITGO may designate, from time to time. Franchisee expressly agrees that CITGO shall have the PCI DSS; (ii) cause right but not the obligation to apply the proceeds of credit card invoices or any other credits which may be owing to Franchisee toward the payment of any indebtedness owed by Franchisee to CITGO. Franchisee grants to CITGO a security interest in all point-of-sale (“POS”) credit card invoices and other related network hardware and software at proceeds from such credit card invoices to secure the Sites to bepayment of product purchases from CITGO, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess the POS and related hardware and software at the Sites pursuant agrees to the PCI DSS; and (iv) permit Seller and/or Supplier and/or Transaction Card representative execute documents reasonably necessary to inspect and/or test the POS and other related network hardware and software at the Sitesperfect such security interest. (e) Each Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s fees, arising out of such Purchaser’s breach or violation of, or failure to comply with, the PCI DSS or the Card Guide. The indemnity provision contained in this subsection (e) to this Section 8 shall survive termination or non-renewal of this Agreement.

Appears in 1 contract

Sources: Distributor Franchise Agreement (Pantry Inc)

Credit Cards. (a) As long as Supplier accepts specified credit cards, fleet cards, debit cards, or other similar transaction authorization cards (the “Transaction Cards”), each Purchaser shall accept and honor all Transaction Cards identified in Supplier’s Transaction Card manuals or other guidelines (“Card Guide”) or agreements, whether in written or electronic form, for the purchase of authorized motor fuel and services at all locations branded with Supplier’s Proprietary Marks. Notwithstanding the foregoing, each Purchaser that purchases unbranded motor fuel from Seller under this Agreement shall be required to accept and honor all Transaction Cards identified by Seller. (b) For each transaction not authorized, disputed by a customer, or otherwise subject to charge back under the Card Guide, Seller may either charge the amount to the applicable Purchaser’s account or require such Purchaser to make immediate refund to Seller, including refund by draft or EFT initiated by Seller, without any deduction for any processing fee. (c) Each Purchaser acknowledges receipt of a copy of the Card Guide and shall comply fully with the operating rules, terms and conditions thereof. Without limiting any rights or remedies available to Seller, if a Purchaser fails to comply with this Section 8, Seller or Supplier may limit or terminate such Purchaser’s right to participate in Supplier’s Transaction Card program or such Purchaser’s right to use Supplier’s Proprietary Marks. (d) Each Purchaser understands and acknowledges that the Payment Card Industry Data Security Standard as amended from time to time (the “PCI DSS”) contains clearly defined standards setting forth the duties of merchants, like such Purchaser, to secure sensitive cardholder data. Each Purchaser is and shall remain informed of the PCI DSS as the PCI DSS pertains to such Purchaser’s business at the Sites. In addition to the requirements of the Card Guide, each Purchaser shall at all times during During the term of this Agreementfranchise, Franchisee shall be entitled to grant credit to holders of credit cards which may be issued by CITGO and/or issued by other companies listed in CITGO's then current credit card regulations, a copy of which has been provided to Franchisee. It is specifically understood that the granting of credit shall be pursuant to the terms and conditions set forth in such credit card regulations including that such credit extension shall be only in conjunction, with the sale of CITGO products and that CITGO shall have the right in its sole discretion to amend or terminate such regulations and discontinue it's credit card program at any time. Franchisee agrees that all credit card invoices which it may transmit and assign to CITGO shall be in conformity with CITGO's credit card regulations and that CITGO may reject or charge back any credit card invoices not conforming to said instructions. Franchisee further agrees that upon such rejection or charge back, the value of the credit card invoices which were rejected or charged back shall become immediately due and owing from Franchisee to CITGO and may be deducted from subsequent checks for payment of credit card invoices. All credit card invoices shall be forwarded by registered mail or other means authorized by CITGO to such place(s), and at its sole expensesuch, (i) comply with time intervals, as CITGO may designate, from time to time. Franchisee expressly agrees that CITGO shall have the PCI DSS; (ii) cause right but not the obligation to apply the proceeds of credit card invoices or any other credits which may be owing to Franchisee toward the payment of any indebtedness owed by Franchisee to CITGO. Franchisee grants to CITGO a security interest in all point-of-sale (“POS”) credit card invoices and other related network hardware and software at proceeds from such credit card invoices to secure the Sites to bepayment of product purchases from CITGO, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, and/or assess the POS and related hardware and software at the Sites pursuant agrees to the PCI DSS; and (iv) permit Seller and/or Supplier and/or Transaction Card representative execute documents reasonably necessary to inspect and/or test the POS and other related network hardware and software at the Sitesperfect such security interest. (e) Each Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including without limitation attorney’s fees, arising out of such Purchaser’s breach or violation of, or failure to comply with, the PCI DSS or the Card Guide. The indemnity provision contained in this subsection (e) to this Section 8 shall survive termination or non-renewal of this Agreement.

Appears in 1 contract

Sources: Distributor Franchise Agreement (Bowlin Travel Centers Inc)