Common use of Equipment; Supplies; Displays Clause in Contracts

Equipment; Supplies; Displays. (a) At Merchant’s request, Processor will supply Merchant with point-of sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, Processor makes no representations or warranties that Processor’s programming of the POS Equipment furnished by Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant with a terminal or other equipment, then Merchant must return such equipment upon termination of this Agreement. (b) All third party POS Equipment and services provided or procured by Processor under this Merchant Agreement are provided “AS-IS” but Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services. (c) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Merchant will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank. (d) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide.

Equipment; Supplies; Displays. (a) i. At Merchant’s request, Processor will supply Merchant with point-of sale POS equipment and/or software, including electronic terminals, other processing equipment, and for On‐line Debit Card Transactions and PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. Processor will use reasonable and good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, Processor makes no representations or warranties that Processor’s programming of the POS Equipment furnished by Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant acknowledges and agrees that it is Merchant’s obligation to operate POS Equipment in compliance with a terminal or other equipment, then Merchant must return such equipment upon termination of this Agreementthe Operating Rules. (b) ii. All third party POS Equipment software, equipment, and services provided or procured by Processor under this Merchant Agreement are provided “AS-ISAS‐IS” and without any warranties of merchantability or fitness for a particular purpose, but Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services. (c) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank. (div. Merchant shall display Visa, MasterCard, Discover Network, and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa, MasterCard, and Discover Network approved decals, program marks, and advertising and promotional materials for the Card type(s) that Merchant selected under Paragraph 3(b). Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising, and other forms depicting the program marks that are provided to Merchant‐by‐Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials, and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks. v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide.,

Equipment; Supplies; Displays. (a) i. At Merchant’s request, Processor will supply Merchant with point-of sale POS equipment and/or software, including electronic terminals, other processing equipment, and for On‐line Debit Card Transactions and PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. Processor will use reasonable and good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, Processor makes no representations or warranties that Processor’s programming of the POS Equipment furnished by Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant acknowledges and agrees that it is Merchant’s obligation to operate POS Equipment in compliance with a terminal or other equipment, then Merchant must return such equipment upon termination of this Agreementthe Operating Rules. (b) ii. All third party POS Equipment software, equipment, and services provided or procured by Processor under this Merchant Agreement are provided “AS-ISAS‐IS” and without any warranties of merchantability or fitness for a particular purpose, but Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services. (c) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank. (div. Merchant shall display Visa, MasterCard, Discover Network, and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa, MasterCard, and Discover Network approved decals, program marks, and advertising and promotional materials for the Card type(s) that Merchant selected under Paragraph 3(b). Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising, and other forms depicting the program marks that are provided to Merchant‐ by‐Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials, and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks. v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s products, services services, or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in this Agreement and the Operating Rules or the Operating GuideRules.

Equipment; Supplies; Displays. (a) A. At Merchant’s request, Processor Bank will supply Merchant with pointPOS equipment and/or Software, including electronic terminals, other processing equipment and, for On-of sale equipment line Debit Card Transactions, PIN (Personal Identification Number) pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. Processor Bank will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, Processor Bank makes no representations or warranties that ProcessorBank’s programming program of the POS Equipment furnished by Processor Bank will operate in compliance with the Operating Rules. If Processor supplies Merchant acknowledges and agrees that it is Merchant’s obligation to operate in compliance with a terminal or other equipmentthe Operating Rules. Merchant may use POS Equipment and/or Software from non-Bank sources, then Merchant but must return such ensure that the equipment upon termination of this Agreementand Software operates at all times in compliance with applicable law, the Operating Rules, and Bank’s operational and security requirements. (b) B. All third party POS Equipment software, equipment and services provided or procured by Processor Bank under this Merchant Agreement are provided “AS-IS” but Processor Bank will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services. (c) C. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank. (d) D. Merchant may not (i) indicate or imply that shall display Visa, MasterCard and, if applicable, other Card Association decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa and MasterCard approved decals, program marks and advertising and promotional materials for the Card Associations or Bank endorses any type(s) that Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guideselected under Section 3.02 of this Agreement.

Equipment; Supplies; Displays. (a) At Merchant’s request, Processor will supply Merchant with point-of sale equipment (“POS Equipment”) Equipment that Merchant may need to process and submit Transactions. Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, Processor makes no representations or warranties that Processor’s programming of the POS Equipment furnished by Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant with a terminal or other equipment, then Merchant must return such equipment upon termination of this Agreement. (b) All third party POS Equipment and services provided or procured by Processor under this Merchant Agreement are provided “AS-IS” but Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services. (c) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Merchant will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank. (d) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating GuideRules.

Equipment; Supplies; Displays. (a) i. At Merchant’s request, Processor will supply Merchant with pointPOS equipment and/or Software, including electronic terminals, other processing equipment and, for On-of sale equipment line Debit Card Transactions, PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, Processor makes no representations or warranties that Processor’s programming of the POS Equipment furnished by Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant acknowledges and agrees that it is Merchant’s obligation to operate in compliance with a terminal or other equipment, then Merchant must return such equipment upon termination of this Agreementthe Operating Rules. (b) ii. All third party POS Equipment software, equipment and services provided or procured by Processor under this Merchant Agreement are provided “"AS-IS” " but Processor will, at Merchant’s 's expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services. (c) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank. (div. Merchant shall display Visa, MasterCard, Discover Network, American Express, and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa, MasterCard, Discover Network, and American Express approved decals, program marks and advertising and promotional materials for the Card type(s) that Merchant selected under Section 3.b. Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising and other forms depicting the program marks that are provided to Merchant by Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks. v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s 's products, services or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in the Operating Rules or the Operating GuideRules.

Equipment; Supplies; Displays. (a) i. At Merchant’s request, Processor will supply Merchant with point-of sale POS equipment and/or software, including electronic terminals, other processing equipment, and for On‐line Debit Card Transactions and PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. Processor will use reasonable and good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, Processor makes no representations or warranties that Processor’s programming of the POS Equipment furnished by Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant acknowledges and agrees that it is Merchant’s obligation to operate POS Equipment in compliance with a terminal or other equipment, then Merchant must return such equipment upon termination of this Agreementthe Operating Rules. (b) ii. All third party POS Equipment software, equipment, and services provided or procured by Processor under this Merchant Agreement are provided “AS-IS” "AS‐IS" and without any warranties of merchantability or fitness for a particular purpose, but Processor willProcessorwill, at Merchant’s 's expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services. (c) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank. (div. Merchant shall display Visa, MasterCard, Discover Network, and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa, MasterCard, and Discover Network approved decals, program marks, and advertising and promotional materials for the Card type(s) that Merchant selected under Paragraph 3(b). Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising, and other forms depicting the program marks that are provided to Merchant‐by‐Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials, and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way thatcustomerscould believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to anythird partyany of the rights to use the program marks. v. Merchantmay not (ia) indicate or imply that the Card Associations Networks or Bank endorses any endorsesany Merchant goods or goodsor services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s 's products, services services, or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in this Agreement and the Operating Rules or the Operating GuideRules.

Equipment; Supplies; Displays. (a) i. At Merchant’s request, Processor will supply Merchant with pointSoftware, including electronic terminals, other processing equipment and, for On-of sale equipment line Debit Card Transactions, PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however. However, Processor makes no representations or warranties that Processor’s programming of the POS Equipment furnished by Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant acknowledges and agrees that it is Merchant’s obligation to operate in compliance with a terminal or other equipment, then Merchant must return such equipment upon termination of this Agreementthe Operating Rules. (b) ii. All third party POS Equipment software, equipment and services provided or procured by Processor under this Merchant Agreement are provided “"AS-IS” " but Processor will, at Merchant’s 's expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services. (c) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank. (div. Merchant shall display Visa, MasterCard, Discover Network and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa and MasterCard and Discover Network approved decals, program marks and advertising and promotional materials for the Card type(s) that Merchant selected in accordance with Section 3.b. Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising and other forms depicting the program marks that are provided to Merchant by Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks. v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s 's products, services or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in the Operating Rules or the Operating GuideRules.

Equipment; Supplies; Displays. (a) At Merchant’s request, Processor will supply Merchant with point-of sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, Processor makes no representations or warranties that Processor’s programming of the POS Equipment furnished by Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant with a terminal or other equipment, then Merchant must return such equipment upon termination of this Agreement. (b) All third party POS Equipment and services provided or procured by Processor under this Merchant Agreement are provided “AS-IS” but Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services. (c) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Merchant Xxxxxxxx will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank. (d) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide.

Equipment; Supplies; Displays. (a) At Merchant’s request, Processor will supply Merchant with point-of sale equipment (“POS Equipment”) Equipment that Merchant may need to process and submit Transactions. Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, Processor makes no representations or warranties that Processor’s programming of the POS Equipment furnished by Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant with a terminal or other equipment, then Merchant must return such equipment upon termination of this Agreement. (b) All third party POS Equipment and services provided or procured by Processor under this Merchant Agreement are provided “AS-IS” but Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services. (c) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Merchant Xxxxxxxx will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank. (d) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating GuideRules.