Common use of Credit Cards Clause in Contracts

Credit Cards. During the term of this franchise, 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 such time intervals, as CITGO may designate, from time to time. Franchisee expressly agrees that CITGO shall have the 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 credit card invoices and proceeds from such credit card invoices to secure the payment of product purchases from CITGO, and agrees to execute documents reasonably necessary to perfect such security interest.

Appears in 2 contracts

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

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Credit Cards. During the term of this franchise, Franchisee shall be entitled to Seller may grant credit to holders of credit cards which may be issued by CITGO ALKHALIFA and/or issued by other companies listed in CITGO’s ALKHALIFA's then current credit card regulations, a copy of which has been provided to FranchiseeSeller. 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, conjunction with the sale of CITGO ALKHALIFA products and that CITGO ALKHALIFA shall have the right right, in its sole discretion discretion, to amend or terminate such regulations and discontinue its this credit card program at any time. Franchisee Seller may also grant credit to 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 CITGO ALKHALIFA shall be in conformity with CITGO’s ALKHALIFA's credit card regulations and that CITGO ALKHALIFA may reject or charge back any credit card invoices not conforming to said instructions. Franchisee Seller further agrees that 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 Seller to CITGO ALKHALIFA 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 ALKHALIFA to such place(s), ) and at such time intervals, intervals as CITGO may designate, ALKHALIFA my designate from time to time. Franchisee expressly agrees that CITGO shall have the 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 credit card invoices and proceeds from such credit card invoices to secure the payment of product purchases from CITGO, and agrees to execute documents reasonably necessary to perfect such security interest.

Appears in 1 contract

Samples: Purchase and Supply Agreement (Fuelnation Inc)

Credit Cards. During a. INSTALLMENT TRANSACTIONS i. MERCHANT shall observe all the term standard procedures for card acceptance, completion of card transaction and settlement as provided under this franchiseAgreement. 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, Franchisee reduced rate installment, zero percent (0%) interest installment and deferred installment. The mechanics, procedures and rates for these programs shall be entitled provided by MCC to grant credit the MERCHANT. MCC reserves the right to holders of credit cards which 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 may be issued notified in writing by CITGO and/or issued MCC to the MERCHANT. iv. MERCHANT shall acquire prior authorization from MCC for the 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 the item or service, Payment Terms selected by other companies listed in CITGO’s then current credit card regulationsthe Cardholder, Applicable Rate to be used and the Monthly Amortization to be paid by the Cardholder. v. As a copy of which has been provided to Franchisee. It is specifically understood that the granting of credit rule, an Installment shall be pursuant to done on-line. MERCHANT shall strictly follow the terms and conditions set forth procedures governing Installments contained in such credit card regulations including that such credit extension the MOG. If however, the POS terminal is unavailable, Installment Transactions shall be only in conjunctiondone via the Manual mode, with where the sale of CITGO products MERCHANT shall call MCC and that CITGO shall have request for the right in its sole discretion to amend or terminate such regulations Authorization specifically for Installment. MCC may modify the approval process 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 such time intervals, as CITGO may designate, approving authority from time to time, as may be notified to MERCHANT. vi. Franchisee expressly agrees that CITGO The foregoing conditions shall have govern only to Installment and shall not apply to regular purchases not made on installment basis. vii. All other terms and conditions in the right Agreement, including but not limited to the obligation to apply the proceeds of credit card invoices or any other credits provisions on Chargeback, Fraud, et al., which may be owing to Franchisee toward the payment of any indebtedness owed by Franchisee to CITGO. Franchisee grants to CITGO a security interest are not inconsistent with this provision on Installment shall remain in all credit card invoices full force and proceeds from such credit card invoices to secure the payment of product purchases from CITGO, and agrees to execute documents reasonably necessary to perfect such security interesteffect. b. CARD NOT PRESENT TRANSACTIONS

Appears in 1 contract

Samples: Merchant Agreement

Credit Cards. During (a) As long as a Branded Marketer accepts specified credit cards, fleet cards, debit cards, or other similar transaction authorization cards (the “Transaction Cards”), Purchaser shall accept and honor all Transaction Cards identified in Branded Marketer’s Transaction Card manuals or other guidelines or agreements, whether in written or electronic form (the “Branded Marketer Card Guide”), for the purchase of authorized products and services at all locations branded with Branded Marketer’s Brand. (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 Purchaser’s account or require Purchaser to make immediate refund to Seller, including refund by draft or Electronic 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) 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 Purchaser fails to comply with this Section 7, Seller or Branded Marketer may limit or terminate Purchaser’s right to participate in Branded Marketer’s Transaction Card program or Purchaser’s right to use Branded Marketer’s Proprietary Marks. (d) 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 the Purchaser, to secure sensitive cardholder data. Purchaser is and shall remain informed of the PCI DSS as the PCI DSS pertains to the Purchaser’s business at the WNR Sites. In addition to the requirements of the Branded Marketer Card Guide, Purchaser shall at all times during the term of this franchiseAgreement, Franchisee shall be entitled 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 grant credit to holders of credit cards which may be issued by CITGO be, and remain, PCI DSS certified and compliant; (iii) regularly monitor, test, 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 assess the granting of credit shall be POS and related hardware and software at the WNR Sites pursuant to the terms PCI DSS; and conditions set forth in such credit card regulations (iv) permit Seller and/or 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) Purchaser shall indemnify, defend and hold Seller harmless for any and all losses, fines, penalties, damages, costs or expenses including that such credit extension shall be only in conjunctionwithout limitation attorney’s fees, 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 arising out of the credit card invoices which were rejected Purchaser’s breach or charged back shall become immediately due violation of, or failure to comply with, (i) the PCI DSS, (ii) any other requirements imposed on the operations of Purchaser’s WNR Sites under the Branded Marketer Agreements, including any Image 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(sOperations Guidelines (as defined below), and at such time intervals, as CITGO may designate, from time to timeor (iii) the Branded Marketer Card Guide. Franchisee expressly agrees that CITGO The indemnity provision contained in this Section 7(e) shall have the right but not the obligation to apply the proceeds survive termination or expiration 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 credit card invoices and proceeds from such credit card invoices to secure the payment of product purchases from CITGO, and agrees to execute documents reasonably necessary to perfect such security interestthis Agreement.

Appears in 1 contract

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

Credit Cards. During a. INSTALLMENT TRANSACTIONS i. MERCHANT shall observe all the term standard procedures for card acceptance, completion of card transaction and settlement as provided under this franchiseAgreement. 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, Franchisee reduced rate installment, zero percent (0%) interest installment and deferred installment. The mechanics, procedures and rates for these programs shall be entitled provided by METROBANK to grant credit the MERCHANT. METROBANK reserves the right to holders of credit cards which 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 may be issued notified in writing by CITGO and/or issued PLEASE SIGN ON ALL PAGES METROBANK to the MERCHANT. iv. MERCHANT shall acquire prior authorization from METROBANK for the 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 the item or service, Payment Terms selected by other companies listed in CITGO’s then current credit card regulationsthe Cardholder, Applicable Rate to be used and the Monthly Amortization to be paid by the Cardholder. v. As a copy of which has been provided to Franchisee. It is specifically understood that the granting of credit rule, an Installment shall be pursuant to done on-line. MERCHANT shall strictly follow the terms and conditions set forth procedures governing Installments contained in such credit card regulations including that such credit extension the MOG. If, however, the POS terminal is unavailable, Installment Transactions shall be only in conjunctiondone via the Manual mode, with where the sale of CITGO products MERCHANT shall call METROBANK and that CITGO shall have request for the right in its sole discretion to amend or terminate such regulations Authorization specifically for Installment. METROBANK may modify the approval process 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 such time intervals, as CITGO may designate, approving authority from time to time, as may be notified to MERCHANT. vi. Franchisee expressly agrees that CITGO The foregoing conditions shall have govern only to Installment and shall not apply to regular purchases not made on installment basis. vii. All other terms and conditions in the right Agreement, including but not limited to the obligation provisions on Chargeback, Fraud, et al., which are not inconsistent with this provision on Installment shall remain in full force and effect. b. CARD NOT PRESENT TRANSACTIONS i. Approval of CNP Transactions – a. Before the MERCHANT may accept any CNP Transaction, it shall require the Cardholder to apply submit an Order Form which must be signed by the proceeds Cardholder and contain the following details: i. The name and the address 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 credit card invoices and proceeds from such credit card invoices to secure MERCHANT, the payment of product purchases from CITGOMerchant ID Number, and agrees 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 as it appears on the face of the card; and iii. The total amount of the order in Philippine Pesos or such other currency permitted by METROBANK. b. The MERCHANT shall also request and keep a photocopy of the Cardholder’s valid identity card and the front portion of the Card subject to execute documents reasonably necessary 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, in accordance to perfect such security interestthis Agreement. There is no Floor Limit for CNP Card Transactions.

Appears in 1 contract

Samples: Merchant Agreement

Credit Cards. During the term of this franchise, 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 '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 '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 such time intervals, as CITGO may designate, from time to time. Franchisee expressly agrees that CITGO shall have the 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 credit card invoices and proceeds from such credit card invoices to secure the payment of product purchases from CITGO, and agrees to execute documents reasonably necessary to perfect such security interest.

Appears in 1 contract

Samples: Distributor Franchise Agreement (Pantry Inc)

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Credit Cards. During Marketer shall accept as payment from retail customers CITGO approved credit, debit and payment cards (collectively, “Payment Cards”) in accordance with the term provisions of this franchise, 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 guide and regulations, a copy of which has been provided to FranchiseeMarketer. 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 guide and 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 Payment Card invoices not conforming to said instructionsthe credit card guide and regulations. Franchisee Marketer further agrees that upon such rejection or charge back, the value of the credit card Payment Card invoices which were rejected or charged back shall become immediately due and owing from Franchisee Marketer to CITGO and may be deducted from subsequent checks for payment settlements of credit card invoicesPayment Card transactions. All credit card invoices shall be forwarded by registered mail or other means authorized by CITGO to such place(s), and at such time intervals, as CITGO may designate, from time to time. Franchisee Marketer expressly agrees that CITGO shall have the right but not the obligation to apply the proceeds of credit card Payment Card invoices or any other credits which may be owing to Franchisee Marketer toward the payment of any indebtedness owed by Franchisee Marketer to CITGO. Franchisee Marketer grants to CITGO a security interest in all credit card Payment Card invoices and proceeds from such credit Payment card invoices to secure the payment of product purchases from CITGO, and agrees to execute documents reasonably necessary to perfect such security interest. Marketer further agrees to maintain in good working order all of the electronic POS systems located at all CITGO branded stations that are supplied by Marketer. Good working order includes having the POS systems properly configured and operating on the most current version of the application software. CITGO may deactivate the POS system for any station not in compliance.

Appears in 1 contract

Samples: Marketer Franchise Agreement (Jacobs Entertainment Inc)

Credit Cards. During a. INSTALLMENT TRANSACTIONS i. MERCHANT shall observe all the term standard procedures for card acceptance, completion of card transaction and settlement as provided under this franchiseAgreement. 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, Franchisee reduced rate installment, zero percent (0%) interest installment and deferred installment. The mechanics, procedures and rates for these programs shall be entitled provided by MCC to grant credit the MERCHANT. MCC reserves the right to holders of credit cards which 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 may be issued notified in writing by CITGO and/or issued MCC to the MERCHANT. iv. MERCHANT shall acquire prior authorization from MCC for the 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 the item or service, Payment Terms selected by other companies listed in CITGO’s then current credit card regulationsthe Cardholder, Applicable Rate to be used and the Monthly Amortization to be paid by the Cardholder. v. As a copy of which has been provided to Franchisee. It is specifically understood that the granting of credit rule, an Installment shall be pursuant to done on-line. MERCHANT shall strictly follow the terms and conditions set forth procedures governing Installments contained in such credit card regulations including that such credit extension the MOG. If however, the POS terminal is unavailable, Installment Transactions shall be only in conjunctiondone via the Manual mode, with where the sale of CITGO products MERCHANT shall call MCC and that CITGO shall have request for the right in its sole discretion to amend or terminate such regulations Authorization specifically for Installment. MCC may modify the approval process 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 such time intervals, as CITGO may designate, approving authority from time to time, as may be notified to MERCHANT. vi. Franchisee expressly agrees that CITGO The foregoing conditions shall have govern only to Installment and shall not apply to regular purchases not made on installment basis. vii. All other terms and conditions in the right Agreement, including but not limited to the obligation to apply the proceeds of credit card invoices or any other credits provisions on Chargeback, Fraud, et al., which may be owing to Franchisee toward the payment of any indebtedness owed by Franchisee to CITGO. Franchisee grants to CITGO a security interest are not inconsistent with this provision on Installment shall remain in all credit card invoices full force and proceeds from such credit card invoices to secure the payment of product purchases from CITGO, and agrees to execute documents reasonably necessary to perfect such security interesteffect.

Appears in 1 contract

Samples: Merchant Agreement

Credit Cards. During the term of this franchise, 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 '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 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 '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 such such, time intervals, as CITGO may designate, from time to time. Franchisee expressly agrees that CITGO shall have the 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 credit card invoices and proceeds from such credit card invoices to secure the payment of product purchases from CITGO, and agrees to execute documents reasonably necessary to perfect such security interest.

Appears in 1 contract

Samples: Distributor Franchise Agreement (Bowlin Travel Centers Inc)

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