Common use of Delayed Delivery Transactions Clause in Contracts

Delayed Delivery Transactions. Merchant must comply with the requirements set forth in the Operating Rules, including without limitation, those set forth or referred to in the Visa Core Rules and Visa Product and Service Rules regarding “Delayed Delivery Transaction Merchant Requirements.” MASTERCARD DIRECT MAIL CARDHOLDER SOLICITATION MERCHANT. Merchant, if a Direct Mail Cardholder Solicitation Merchant (as defined in the MasterCard Operating Rules), acknowledges that the trademark “MasterCard” and the corresponding logotype are the property of MasterCard International Incorporated. Merchant shall not infringe upon the xxxx or logo, nor otherwise use the xxxx or logo in such a manner as to create the impression Merchant’s goods or services are sponsored, produced, affiliated with, offered, or sold by MasterCard. Merchant shall not use the xxxx or logo on its stationery, letterhead, envelopes, or the like nor in its solicitation; provided, however, that Merchant may use one of the xxxx or logo in close proximity to the payment or enrollment space in the solicitation in a size not to exceed 1 1/4 inches in horizontal length if a logo is employed, or, if a xxxx is used, in type not to exceed the size of the type used in the major portion of the text on the same page; provided further that the legend, “Accepted for Payment” must accompany the xxxx or logo used and must be the equivalent size of the xxxx or logo. In no case, however, shall Merchant use any of the logo on the front or first page of its solicitation. One truthful statement that Merchant is directing or limiting its offer to MasterCard Cardholders may appear in the body of the solicitation, other than in close proximity to the payment or enrollment space, subject to the limitation that: (i) only the word xxxx xxx be used; the word xxxx xxx not: (a) exceed in type size the size of any other type on the same page, (b) differ in color from the type used in the text (as differentiated from the titles) on the same page, (c) be as large or as prominent as the name of Merchant, (d) be the first item appearing on any page, nor (e) in any other way be the most prominent element of the page; (ii) Merchant’s name and/or logo must appear prominently on the same page as the xxxx; and (iii) the following disclaimer must appear in close proximity to the xxxx on the same page and in an equal size and type of print: “MasterCard International Incorporated is not affiliated in any way with Merchant and has not endorsed or sponsored this offer.” Merchant further agrees to submit its first direct mail solicitation(s), prior to mailing, to the MasterCard Law Department, to be reviewed only for compliance with MasterCard’s trademark rules and shall furthermore not distribute in any manner such solicitations until Merchant shall have obtained MasterCard’s written approval of the manner in which it uses MasterCard xxxx and logo on such solicitations. Merchant shall likewise, upon request, submit to the Corporation any amended solicitations prior to mailing. DELEGATION OF DUTIES Card Program duties may, from time to time, be delegated to and among the Processor’s business units without giving notice to Merchant; provided, however, Bank will remain responsible for any obligation owed by Bank under the Agreement.

Appears in 2 contracts

Samples: Processing Agreement, Merchant Processing Agreement

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Delayed Delivery Transactions. Merchant must comply with the requirements set forth in the Operating Rules, including without limitation, those set forth or referred to in the Visa Core Rules and Visa Product and Service Rules regarding “Delayed Delivery Transaction Merchant Requirements.” MASTERCARD DIRECT MAIL CARDHOLDER SOLICITATION MERCHANT. Merchant, if a Direct Mail Cardholder Solicitation Merchant (as defined in the MasterCard Operating Rules), acknowledges that the trademark “MasterCard” and the corresponding logotype are the property of MasterCard International Incorporated. Merchant shall not infringe upon the xxxx or logo, nor otherwise use the xxxx or logo in such a manner as to create the impression Merchant’s goods or services are sponsored, produced, affiliated with, offered, or sold by MasterCard. Merchant shall not use the xxxx or logo on its stationery, letterhead, envelopes, or the like nor in its solicitation; provided, however, that Merchant may use one of the xxxx or logo in close proximity to the payment or enrollment space in the solicitation in a size not to exceed 1 1/4 inches in horizontal length if a logo is employed, or, if a xxxx is used, in type not to exceed the size of the type used in the major portion of the text on the same page; provided further that the legend, “Accepted for Payment” must accompany the xxxx or logo used and must be the equivalent size of the xxxx or logo. In no case, however, shall Merchant use any of the logo on the front or first page of its solicitation. One truthful statement that Merchant is directing or limiting its offer to MasterCard Cardholders may appear in the body of the solicitation, other than in close proximity to the payment or enrollment space, subject to the limitation that: (i) only the word xxxx xxx be used; the word xxxx xxx not: (a) exceed in type size the size of any other type on the same page, (b) differ in color from the type used in the text (as differentiated from the titles) on the same page, (c) be as large or as prominent as the name of Merchant, (d) be the first item appearing on any page, nor (e) in any other way be the most prominent element of the page; (ii) Merchant’s name and/or logo must appear prominently on the same page as the xxxx; and (iii) the following disclaimer must appear in close proximity to the xxxx on the same page and in an equal size and type of print: “MasterCard International Incorporated is not affiliated in any way with Merchant and has not endorsed or sponsored this offer.” Merchant further agrees to submit its first direct mail solicitation(s), prior to mailing, to the MasterCard Law Department, to be reviewed only for compliance with MasterCard’s trademark rules and shall furthermore not distribute in any manner such solicitations until Merchant shall have obtained MasterCard’s written approval of the manner in which it uses MasterCard xxxx and logo on such solicitations. Merchant shall likewise, upon request, submit to the Corporation any amended solicitations prior to mailing. DELEGATION OF DUTIES Card Program duties may, from time to time, be delegated to and among the Processor’s business units without giving notice to Merchant; provided, however, Bank will remain responsible for any obligation owed by Bank under the Agreement.,

Appears in 2 contracts

Samples: Merchant Card Processing Agreement, Merchant Processing Agreement

Delayed Delivery Transactions. Merchant must comply with the requirements set forth in the Operating Rules, including without limitation, those set forth or referred to in the Visa Core Rules and Visa Product and Service Rules regarding “Delayed Delivery Transaction Merchant Requirements.” MASTERCARD DIRECT MAIL CARDHOLDER SOLICITATION MERCHANT. Merchant, if a Direct Mail Cardholder Solicitation Merchant (as defined in the MasterCard Operating Rules), acknowledges that the trademark "MasterCard" and the corresponding logotype are the property of MasterCard International Incorporated. Merchant shall not infringe upon the xxxx or logo, nor otherwise use the xxxx or logo in such a manner as to create the impression Merchant’s goods Merchant'sgoods or services are servicesare sponsored, produced, affiliated with, offered, or sold by MasterCard. Merchant shall not use the xxxx or logo on its stationery, letterhead, envelopes, or the like nor in its solicitation; provided, however, that Merchant may use one of the xxxx or logo in close proximity to the payment or enrollment space in the solicitation in a size not to exceed 1 1/4 inches in horizontal length if a logo is employed, or, if a xxxx is used, in type not to exceed the size of the type used in the major portion of the text on the same page; provided further that the legend, "Accepted for Payment" must accompany the xxxx or logo used and must be the equivalent size of the xxxx or logo. In no case, however, shall Merchant use any of the logo on the front or first page of its solicitation. One truthful statement that Merchant is directing or limiting its offer to MasterCard Cardholders may appear in the body of the solicitation, other than in close proximity to the payment or enrollment space, subject to the limitation that: (i) only the word xxxx xxx be used; the word xxxx xxx not: (a) exceed in type size the size of any other type on the same page, (b) differ in color from the type used in the text (as differentiated from the titles) on the same page, (c) be as large or as prominent as the name of Merchant, (d) be the first item appearing on any page, nor (e) in any other way be the most prominent element of the page; (ii) Merchant’s 's name and/or logo must appear prominently on the same page as the xxxx; and (iii) the following disclaimer must appear in close proximity to the xxxx on the same page and in an equal size and type of print: "MasterCard International Incorporated is not affiliated in any way with Merchant and anywaywith Merchantand has not endorsed notendorsed or sponsored this sponsoredthis offer.” Merchant further agrees to submit its first direct mail solicitation(s), prior to mailing, to the MasterCard Law Department, to be reviewed only for compliance with MasterCard’s 's trademark rules and shall furthermore not distribute in any manner such solicitations until Merchant shall have obtained MasterCard’s 's written approval of the manner in which it uses MasterCard xxxx and logo on such solicitations. Merchant shall likewise, upon request, submit to the Corporation any amended solicitations prior to mailingtomailing. DELEGATION OF DUTIES Card Program duties may, from time to time, be delegated to and among the Processor’s business units without giving notice to Merchant; provided, however, Bank will remain responsible for any obligation owed by Bank under the Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement

Delayed Delivery Transactions. Merchant must comply with the requirements set forth in the Operating Rules, including without limitation, those set forth or referred to in the Visa Core Rules and Visa Product and Service Rules regarding “Delayed Delivery Transaction Merchant Requirements.” MASTERCARD DIRECT MAIL CARDHOLDER SOLICITATION MERCHANT. Merchant, if a Direct Mail Cardholder Solicitation Merchant (as defined in the MasterCard Operating Rules), acknowledges that the trademark "MasterCard" and the corresponding logotype are the property of MasterCard International Incorporated. Merchant shall not infringe upon the xxxx or logo, nor otherwise use the xxxx or logo in such a manner as to create the impression Merchant’s 's goods or services are servicesare sponsored, produced, affiliated with, offered, or sold by MasterCard. Merchant shall not use the xxxx or logo on its stationery, letterhead, envelopes, or the like nor in its solicitation; provided, however, that Merchant may use one of the xxxx or logo in close proximity to the payment or enrollment space in the solicitation in a size not to exceed 1 1/4 inches in horizontal length if a logo is employed, or, if a xxxx is used, in type not to exceed the size of the type used in the major portion of the text on the same page; provided further that the legend, "Accepted for Payment" must accompany the xxxx or logo used and must be the equivalent size of the xxxx or logo. In no case, however, shall Merchant use any of the logo on the front or first page of its solicitation. One truthful statement that Merchant is directing or limiting its offer to MasterCard Cardholders may appear in the body of the solicitation, other than in close proximity to the payment or enrollment space, subject to the limitation that: (i) only the word xxxx xxx be used; the word xxxx xxx not: (a) exceed in type size the size of any other type on the same page, (b) differ in color from the type used in the text (as differentiated from the titles) on the same page, (c) be as large or as prominent as the name of Merchant, (d) be the first item appearing on any page, nor (e) in any other way be the most prominent element of the page; (ii) Merchant’s 's name and/or logo must appear prominently on the same page as the xxxx; and (iii) the following disclaimer must appear in close proximity to the xxxx on the same page and in an equal size and type of print: "MasterCard International Incorporated is not affiliated in any way with Merchant and anywaywith Merchantand has not endorsed notendorsed or sponsored this offer.” Merchant further agrees to submit its first direct mail solicitation(s), prior to mailing, to the MasterCard Law Department, to be reviewed only for compliance with MasterCard’s 's trademark rules and shall furthermore not distribute in any manner such solicitations until Merchant shall have obtained MasterCard’s 's written approval of the manner in which it uses MasterCard xxxx and logo on such solicitations. Merchant shall likewise, upon request, submit to the Corporation any amended solicitations prior to mailingtomailing. DELEGATION OF DUTIES Card Program duties may, from time to time, be delegated to and among the Processor’s business units without giving notice to Merchant; provided, however, Bank will remain responsible for any obligation owed by Bank under the Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement

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Delayed Delivery Transactions. Merchant must comply with the requirements set forth in the Operating Rules, including without limitation, those set forth or referred to in the Visa Core Rules and Visa Product and Service Rules regarding “Delayed Delivery Transaction Merchant Requirements.” MASTERCARD DIRECT MAIL CARDHOLDER SOLICITATION MERCHANT. Merchant, if a Direct Mail Cardholder Solicitation Merchant (as defined in the MasterCard Operating Rules), acknowledges that the trademark "MasterCard" and the corresponding logotype are the property of MasterCard International Incorporated. Merchant shall not infringe upon the xxxx mark or logo, nor otherwise use the xxxx mark or logo in such a manner as to create the impression Merchant’s goods Merchant'sgoods or services are servicesare sponsored, produced, affiliated with, offered, or sold by MasterCard. Merchant shall not use the xxxx mark or logo on its stationery, letterhead, envelopes, or the like nor in its solicitation; provided, however, that Merchant may use one of the xxxx mark or logo in close proximity to the payment or enrollment space in the solicitation in a size not to exceed 1 1/4 inches in horizontal length if a logo is employed, or, if a xxxx mark is used, in type not to exceed the size of the type used in the major portion of the text on the same page; provided further that the legend, "Accepted for Payment" must accompany the xxxx mark or logo used and must be the equivalent size of the xxxx mark or logo. In no case, however, shall Merchant use any of the logo on the front or first page of its solicitation. One truthful statement that Merchant is directing or limiting its offer to MasterCard Cardholders may appear in the body of the solicitation, other than in close proximity to the payment or enrollment space, subject to the limitation that: (i) only the word xxxx xxx be used; the word xxxx xxx not: (a) exceed in type size the size of any other type on the same page, (b) differ in color from the type used in the text (as differentiated from the titles) on the same page, (c) be as large or as prominent as the name of Merchant, (d) be the first item appearing on any page, nor (e) in any other way be the most prominent element of the page; (ii) Merchant’s 's name and/or logo must appear prominently on the same page as the xxxxmark; and (iii) the following disclaimer must appear in close proximity to the xxxx mark on the same page and in an equal size and type of print: "MasterCard International Incorporated is not affiliated in any way with Merchant and anywaywith Merchantand has not endorsed notendorsed or sponsored this sponsoredthis offer.” Merchant Xxxxxxxx further agrees to submit its first direct mail solicitation(s), prior to mailing, to the MasterCard Law Department, to be reviewed only for compliance with MasterCard’s 's trademark rules and shall furthermore not distribute in any manner such solicitations until Merchant shall have obtained MasterCard’s 's written approval of the manner in which it uses MasterCard xxxx mark and logo on such solicitations. Merchant shall likewise, upon request, submit to the Corporation any amended solicitations prior to mailingtomailing. DELEGATION OF DUTIES Card Program duties may, from time to time, be delegated to and among the Processor’s business units without giving notice to Merchant; provided, however, Bank will remain responsible for any obligation owed by Bank under the Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement

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