Common use of Excessive Activity Clause in Contracts

Excessive Activity. Excessive Activity by You shall constitute a breach of this Agreement and cause for immediate termination of this Agreement with cause and without prior notice or an opportunity to cure. “Excessive Activity” means, during any monthly period and for any one of your terminal identification numbers or merchant identification numbers in the aggregate, Chargebacks and/or retrieval requests in excess of one percent (1%) of your average monthly Card transactions or returns in excess of three percent (3%) of the average monthly dollar amount of Sales Drafts. You authorize, upon the occurrence of Excessive Activity, Processor and Bank to take additional actions, as either of them may deem warranted in their sole and absolute discretion, to address or remedy Chargebacks, to prevent future Chargebacks, and/or to minimize the harm arising out of or relating to the Chargebacks, including, without limitation, suspension of processing privileges, creation or maintenance of a Reserve Account in accordance with this Agreement, or increase of funds or percentage of funds required in a Reserve Account.

Excessive Activity. Excessive Activity by You you shall constitute a breach of this Agreement and cause for immediate termination of this Agreement with cause and without prior notice or an opportunity to cure. “Excessive Activity” means, during any monthly period and for any one of your terminal identification numbers or merchant identification numbers or all of your merchant identification numbers in the aggregate, Chargebacks and/or retrieval requests in excess of one percent (1%) % of your average monthly Card transactions or returns in excess of three percent (3%) % of the average monthly dollar amount of Sales Drafts. You authorize, upon the occurrence of Excessive Activity, Processor and Bank to take additional actions, as either of them may deem warranted in their sole and absolute discretion, to address or remedy Chargebacks, to prevent future Chargebacks, and/or to minimize the harm arising out of or relating to the Chargebackschargebacks, including, without limitationbut not limited to, suspension of processing privileges, creation or maintenance of a Reserve Account in accordance with this Agreement, or increase of funds or percentage of funds required in a Reserve Account.