Common use of Merchant Servicers and Agents Clause in Contracts

Merchant Servicers and Agents. Merchant must notify Processor and receive Processor’s approval prior to engaging any Merchant Servicer or Agent in connection with Xxxxxxxx’s acceptance of Cards or the submission of Transactions to Processor. Merchant shall provide Member Bank and Processor at least sixty days advance written notice of Merchant’s election to use a Merchant Servicer or Agent. Member Bank and/or Processor may individually approve or deny the use of a Merchant Servicer or Agent in their sole and absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify, register, or act in any fashion pursuant to the Operating Rules, Merchant shall cause such Merchant Servicer or Agent to cooperate with Processor in completing any steps required for registration and/or certification and/or action. Merchant is solely responsible for any and all applicable fees, costs, expenses and liabilities associated with such registration and/or certification and/or action. Processor and Member Bank shall in no event be liable to Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent used by Xxxxxxxx, and Merchant hereby expressly assumes all such liability. Xxxxxxxx will immediately notify Processor if Xxxxxxxx decides to use electronic authorization or data capture terminals provided by any entity other than Processor or its authorized designee (“Third Party Terminals”) to process Transactions, including leasing a terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third party providing the terminals will be Merchant’s Merchant Servicer in the delivery of Transactions to Processor; and (b) Merchant assumes full responsibility and liability for any failure of that third party to comply with the Operating Rules, applicable laws, rules or regulations or the Merchant Agreement. Processor and Member Bank will not be responsible for any losses or additional fees incurred by Xxxxxxxx as a result of any error by a third party agent or a malfunction in a Third Party Terminal. The use of a Merchant Servicer or Agent or software or systems provided by a Merchant Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant assumes all liability for such increased risks. If Merchant utilizes software or hardware with a connection to the Internet such hardware or software interacts in any capacity with the provision of services contemplated pursuant to this Merchant Agreement, Merchant is solely liable without limitation for any and all consequences of such interaction.

Merchant Servicers and Agents. Merchant must notify Processor Bank and receive ProcessorBank’s approval prior to engaging any Merchant Servicer or Agent in connection with XxxxxxxxMerchant’s acceptance of Cards or the submission of Transactions to ProcessorBank. Merchant shall provide Member Merchant Bank and Processor at least sixty (60) days advance written notice of Merchant’s election to use a Merchant Servicer or Agent. Member Merchant Bank and/or Processor may individually approve or deny the use of a Merchant Servicer or Agent in their sole and absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify, register, or act in any fashion pursuant to the Operating Rules, Merchant shall cause such Merchant Servicer or Agent to cooperate with Processor Merchant Bank in completing any steps required for registration and/or certification and/or action. Merchant is solely responsible for any and all applicable fees, costs, expenses and liabilities associated with such registration and/or certification and/or action. Processor and Member Bank shall in no event be liable to Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent used by XxxxxxxxMerchant, and Merchant hereby expressly assumes all such liability. Xxxxxxxx Merchant will immediately notify Processor Bank if Xxxxxxxx Merchant decides to use electronic authorization or data capture terminals provided by any entity other than Processor Bank or its authorized designee (“Third Party Terminals”) to process Transactions, including leasing a terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third party providing the terminals will be Merchant’s Merchant Servicer in the delivery of Transactions to ProcessorBank; and (b) Merchant assumes full responsibility and liability for any failure of that third party to comply with the Operating Rules, applicable laws, rules or regulations or the this Merchant Agreement. Processor and Member Bank will not be responsible for any losses or additional fees incurred by Xxxxxxxx Merchant as a result of any error by a third party agent or a malfunction in a Third Party Terminal. The use of a Merchant Servicer or Agent or software or systems provided by a Merchant Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant assumes all liability for such increased risks. If Merchant utilizes software or hardware with a connection to the Internet such hardware or software interacts in any capacity with the provision of services contemplated pursuant to this Merchant Agreement, Merchant is solely liable without limitation for any and all consequences of such interaction.

Merchant Servicers and Agents. Merchant must notify Processor Bank and receive ProcessorBank’s approval prior to engaging any Merchant Servicer or Agent in connection with Xxxxxxxx’s acceptance of Cards or the submission of Transactions to ProcessorBank. Merchant shall provide Member Merchant Bank and Processor at least sixty days advance written notice of Merchant’s election to use a Merchant Servicer or Agent. Member Merchant Bank and/or Processor may individually approve or deny the use of a Merchant Servicer or Agent in their sole and absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify, register, or act in any fashion pursuant to the Operating RulesRules or Operating Guide, Merchant shall cause such Merchant Servicer or Agent to cooperate with Processor Merchant Bank in completing any steps required for registration and/or certification and/or action. Merchant is solely responsible for any and all applicable fees, costs, expenses and liabilities associated with such registration and/or certification and/or action. Processor and Member Bank shall in no event be liable to Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent used by XxxxxxxxMerchant, and Merchant hereby expressly assumes all such liability. Xxxxxxxx will immediately notify Processor Bank if Xxxxxxxx decides to use electronic authorization or data capture terminals provided by any entity other than Processor Bank or its authorized designee (“Third Party Terminals”) to process Transactions, including leasing a terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third party providing the terminals will be Merchant’s Merchant Servicer in the delivery of Transactions to ProcessorBank; and (b) Merchant assumes full responsibility and liability for any failure of that third party to comply with the Operating Rules, Operating Guide, applicable laws, rules or regulations or the Merchant Agreement. Processor and Member Bank will not be responsible for any losses or additional fees incurred by Xxxxxxxx as a result of any error by a third party agent or a malfunction in a Third Party Terminal. The use of a Merchant Servicer or Agent or software or systems provided by a Merchant Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant assumes all liability for such increased risks. If Merchant utilizes software or hardware with a connection to the Internet such hardware or software interacts in any capacity with the provision of services contemplated pursuant to this Merchant Agreement, Merchant is solely liable without limitation for any and all consequences of such interaction.

Merchant Servicers and Agents. Merchant must notify Processor Bank and receive ProcessorBank’s approval prior to engaging any Merchant Servicer or Agent in connection with XxxxxxxxMerchant’s acceptance of Cards or the submission of Transactions to ProcessorBank. Merchant shall provide Member Merchant Bank and Processor at least sixty days advance written notice of Merchant’s election to use a Merchant Servicer or Agent. Member Merchant Bank and/or Processor may individually approve or deny the use of a Merchant Servicer or Agent in their sole and absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify, register, or act in any fashion pursuant to the Operating RulesRules or Operating Guide, Merchant shall cause such Merchant Servicer or Agent to cooperate with Processor Merchant Bank in completing any steps required for registration and/or certification and/or action. Merchant is solely responsible for any and all applicable fees, costs, expenses and liabilities associated with such registration and/or certification and/or action. Processor and Member Bank shall in no event be liable to Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent used by XxxxxxxxMerchant, and Merchant hereby expressly assumes all such liability. Xxxxxxxx Merchant will immediately notify Processor Bank if Xxxxxxxx Merchant decides to use electronic authorization or data capture terminals provided by any entity other than Processor Bank or its authorized designee (“Third Party Terminals”) to process Transactions, including leasing a terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third party providing the terminals will be Merchant’s Merchant Servicer in the delivery of Transactions to ProcessorBank; and (b) Merchant assumes full responsibility and liability for any failure of that third party to comply with the Operating Rules, applicable laws, rules or regulations or the Merchant Agreement. Processor and Member Bank will not be responsible for any losses or additional fees incurred by Xxxxxxxx as a result of any error by a third party agent or a malfunction in a Third Party Terminal. The use of a Merchant Servicer or Agent or software or systems provided by a Merchant Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant assumes all liability for such increased risks. If Merchant utilizes software or hardware with a connection to the Internet such hardware or software interacts in any capacity with the provision of services contemplated pursuant to this Merchant Agreement, Merchant is solely liable without limitation for any and all consequences of such interaction.and

Merchant Servicers and Agents. Merchant must notify Processor Bank and receive ProcessorBank’s approval prior to engaging any Merchant Servicer or Agent in connection with XxxxxxxxMerchant’s acceptance of Cards or the submission of Transactions to ProcessorBank. Merchant shall provide Member Merchant Bank and Processor at least sixty days advance written notice of Merchant’s election to use a Merchant Servicer or Agent. Member Merchant Bank and/or Processor may individually approve or deny the use of a Merchant Servicer or Agent in their sole and absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify, register, or act in any fashion pursuant to the Operating RulesRules or Operating Guide, Merchant shall cause such Merchant Servicer or Agent to cooperate with Processor Merchant Bank in completing any steps required for registration and/or certification and/or action. Merchant is solely responsible for any and all applicable fees, costs, expenses and liabilities associated with such registration and/or certification and/or action. Processor and Member Bank shall in no event be liable to Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent used by XxxxxxxxMerchant, and Merchant hereby expressly assumes all such liability. Xxxxxxxx Merchant will immediately notify Processor Bank if Xxxxxxxx Merchant decides to use electronic authorization or data capture terminals provided by any entity other than Processor Bank or its authorized designee (“Third Party Terminals”) to process Transactions, including leasing a terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third party providing the terminals will be Merchant’s Merchant Servicer in the delivery of Transactions to ProcessorBank; and (b) Merchant assumes full responsibility and liability for any failure of that third party to comply with the Operating Rules, Operating Guide, applicable laws, rules or regulations or the Merchant Agreement. Processor and Member Bank will not be responsible for any losses or additional fees incurred by Xxxxxxxx Merchant as a result of any error by a third party agent or a malfunction in a Third Party Terminal. The use of a Merchant Servicer or Agent or software or systems provided by a Merchant Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant assumes all liability for such increased risks. If Merchant utilizes software or hardware with a connection to the Internet such hardware or software interacts in any capacity with the provision of services contemplated pursuant to this Merchant Agreement, Merchant is solely liable without limitation for any and all consequences of such interaction.

Merchant Servicers and Agents. Merchant must notify Processor Bank and receive ProcessorBank’s approval prior to engaging any Merchant Servicer or Agent in connection with Xxxxxxxx’s acceptance of Cards or the submission of Transactions to ProcessorBank. Merchant shall provide Member Merchant Bank and Processor at least sixty (60) days advance written notice of Merchant’s election to use a Merchant Servicer or Agent. Member Merchant Bank and/or Processor may individually approve or deny the use of a Merchant Servicer or Agent in their sole and absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify, register, or act in any fashion pursuant to the Operating Rules, Merchant shall cause such Merchant Servicer or Agent to cooperate with Processor Merchant Bank in completing any steps required for registration and/or certification and/or action. Merchant is solely responsible for any and all applicable fees, costs, expenses and liabilities associated with such registration and/or certification and/or action. Processor and Member Bank shall in no event be liable to Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent used by XxxxxxxxMerchant, and Merchant hereby expressly assumes all such liability. Xxxxxxxx will immediately notify Processor Bank if Xxxxxxxx decides to use electronic authorization or data capture terminals provided by any entity other than Processor Bank or its authorized designee (“Third Party Terminals”) to process Transactions, including leasing a terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third party providing the terminals will be Merchant’s Merchant Servicer in the delivery of Transactions to ProcessorBank; and (b) Merchant assumes full responsibility and liability for any failure of that third party to comply with the Operating Rules, applicable laws, rules or regulations or the this Merchant Agreement. Processor and Member Bank will not be responsible for any losses or additional fees incurred by Xxxxxxxx as a result of any error by a third party agent or a malfunction in a Third Party Terminal. The use of a Merchant Servicer or Agent or software or systems provided by a Merchant Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant assumes all liability for such increased risks. If Merchant utilizes software or hardware with a connection to the Internet such hardware or software interacts in any capacity with the provision of services contemplated pursuant to this Merchant Agreement, Merchant is solely liable without limitation for any and all consequences of such interaction.

Merchant Servicers and Agents. Merchant must notify Processor Bank and receive ProcessorBank’s approval prior to engaging any Merchant Servicer or Agent in connection with XxxxxxxxMerchant’s acceptance of Cards or the submission of Transactions to ProcessorBank. Merchant shall provide Member Merchant Bank and Processor at least sixty days advance written notice of Merchant’s election to use a Merchant Servicer or Agent. Member Merchant Bank and/or Processor may individually approve or deny the use of a Merchant Servicer or Agent in their sole and absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify, register, or act in any fashion pursuant to the Operating Rules, Merchant shall cause such Merchant Servicer or Agent to cooperate with Processor Merchant Bank in completing any steps required for registration and/or certification and/or action. Merchant is solely responsible for any and all applicable fees, costs, expenses and liabilities associated with such registration and/or certification and/or action. Processor and Member Bank shall in no event be liable to Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent used by XxxxxxxxMerchant, and Merchant hereby expressly assumes all such liability. Xxxxxxxx Merchant will immediately notify Processor Bank if Xxxxxxxx Merchant decides to use electronic authorization or data capture terminals provided by any entity other than Processor Bank or its authorized designee (“Third Party Terminals”) to process Transactions, including leasing a terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third party providing the terminals will be Merchant’s Merchant Servicer in the delivery of Transactions to ProcessorBank; and (b) Merchant assumes full responsibility and liability for any failure of that third party to comply with the Operating Rules, applicable laws, rules or regulations or the this Merchant Agreement. Processor and Member Bank will not be responsible for any losses or additional fees incurred by Xxxxxxxx Merchant as a result of any error by a third party agent or a malfunction in a Third Party Terminal. The use of a Merchant Servicer or Agent or software or systems provided by a Merchant Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant assumes all liability for such increased risks. If Merchant utilizes software or hardware with a connection to the Internet such hardware or software interacts in any capacity with the provision of services contemplated pursuant to this Merchant Agreement, Merchant is solely liable without limitation for any and all consequences of such interaction.

Merchant Servicers and Agents. Merchant must notify Processor Bank and receive ProcessorBank’s approval prior to engaging any Merchant Servicer or Agent in connection with Xxxxxxxx’s acceptance of Cards or the submission of Transactions to ProcessorBank. Merchant shall provide Member Merchant Bank and Processor at least sixty days advance written notice of Merchant’s election to use a Merchant Servicer or Agent. Member Merchant Bank and/or Processor may individually approve or deny the use of a Merchant Servicer or Agent in their sole and absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify, register, or act in any fashion pursuant to the Operating RulesRules or Operating Guide, Merchant shall cause such Merchant Servicer or Agent to cooperate with Processor Merchant Bank in completing any steps required for registration and/or certification and/or action. Merchant is solely responsible for any and all applicable fees, costs, expenses and liabilities associated with such registration and/or certification and/or action. Processor and Member Bank shall in no event be liable to Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent used by XxxxxxxxMerchant, and Merchant hereby expressly assumes all such liability. Xxxxxxxx will immediately notify Processor Bank if Xxxxxxxx decides to use electronic authorization or data capture terminals provided by any entity other than Processor Bank or its authorized designee (“Third Party Terminals”) to process Transactions, including leasing a terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third party providing the terminals will be Merchant’s Merchant Servicer in the delivery of Transactions to ProcessorBank; and (b) Merchant assumes full responsibility and liability for any failure of that third party to comply with the Operating Rules, applicable laws, rules or regulations or the Merchant Agreement. Processor and Member Bank will not be responsible for any losses or additional fees incurred by Xxxxxxxx as a result of any error by a third party agent or a malfunction in a Third Party Terminal. The use of a Merchant Servicer or Agent or software or systems provided by a Merchant Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant assumes all liability for such increased risks. If Merchant utilizes software or hardware with a connection to the Internet such hardware or software interacts in any capacity with the provision of services contemplated pursuant to this Merchant Agreement, Merchant is solely liable without limitation for any and all consequences of such interaction.and

Merchant Servicers and Agents. Merchant must notify Processor and receive Processor’s approval prior to engaging any Merchant Servicer or Agent in connection with Xxxxxxxx’s acceptance of Cards or the submission of Transactions to Processor. Merchant shall provide Member Bank and Processor at least sixty days advance written notice of Merchant’s election to use a Merchant Servicer or Agent. Member Bank and/or Processor may individually approve or deny the use of a Merchant Servicer or Agent in their sole and absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify, register, or act in any fashion pursuant to the Operating Rules, Merchant shall cause such Merchant Servicer or Agent to cooperate with Processor in completing any steps required for registration and/or certification and/or action. Merchant is solely responsible for any and all applicable fees, costs, expenses and liabilities associated with such registration and/or certification and/or action. Processor and Member Bank shall in no event be liable to Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent used by XxxxxxxxMerchant, and Merchant hereby expressly assumes all such liability. Xxxxxxxx will immediately notify Processor if Xxxxxxxx decides to use electronic authorization or data capture terminals provided by any entity other than Processor or its authorized designee (“Third Party Terminals”) to process Transactions, including leasing a terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third party providing the terminals will be Merchant’s Merchant Servicer in the delivery of Transactions to Processor; and (b) Merchant assumes full responsibility and liability for any failure of that third party to comply with the Operating Rules, applicable laws, rules or regulations or the Merchant Agreement. Processor and Member Bank will not be responsible for any losses or additional fees incurred by Xxxxxxxx as a result of any error by a third party agent or a malfunction in a Third Party Terminal. The use of a Merchant Servicer or Agent or software or systems provided by a Merchant Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant assumes all liability for such increased risks. If Merchant utilizes software or hardware with a connection to the Internet such hardware or software interacts in any capacity with the provision of services contemplated pursuant to this Merchant Agreement, Merchant is solely liable without limitation for any and all consequences of such interaction.

Merchant Servicers and Agents. a) Merchant must notify Processor Bank and receive ProcessorBank’s approval prior to engaging any merchant servicer or agent (a “Merchant Servicer or Agent Agent”) in connection with XxxxxxxxMerchant’s acceptance of Cards or the submission of Transactions to ProcessorBank. Merchant shall provide Member Bank and Processor at least sixty (60) days advance written notice of Merchant’s election to use a Merchant Servicer or Agent. Member Bank and/or Processor may individually approve or deny the use of a Merchant Servicer or Agent in their its sole and absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify, register, or act in any fashion pursuant to the Operating Rulessecurity procedures set forth in Section 14, Merchant shall cause such Merchant Servicer or Agent to cooperate with Processor Bank in completing any steps required for registration and/or certification and/or action. Merchant is solely responsible for any and all applicable fees, costs, expenses and liabilities associated with such registration and/or certification and/or action. Processor and Member Bank shall in no event be liable to Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent used by XxxxxxxxMerchant, and Merchant hereby expressly assumes all such liability. Xxxxxxxx will immediately notify Processor if Xxxxxxxx decides to use electronic authorization or data capture terminals provided by any entity other than Processor or its authorized designee (“Third Party Terminals”) to process Transactions, including leasing a terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third party providing the terminals will be Merchant’s Merchant Servicer in the delivery of Transactions to Processor; and (. b) Merchant assumes full responsibility and liability for any failure of that third party to comply with the Operating Rules, applicable laws, rules or regulations or the Merchant Agreement. Processor and Member Bank will not be responsible for any losses or additional fees incurred by Xxxxxxxx as a result of any error by a third party agent or a malfunction in a Third Party Terminal. The use of a Merchant Servicer or Agent or software or systems provided by a Merchant Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant assumes all liability for such increased risks. If Merchant utilizes software or hardware with a connection to the Internet and such hardware or software interacts in any capacity with the provision of services contemplated pursuant to this Merchant the Agreement, Merchant is solely liable without limitation for any and all consequences of such interaction. c) Merchant agrees and shall ensure that Merchant Servicers and Agents transmit data in accordance with: (a) the required format(s) of Visa, MasterCard, and Discover; (b) the security procedures described in Section 14; and (c) the requirements of Bank. Merchant must have a written contract between the Merchant and its Agent or between the Merchant and the Merchant Servicer that stipulates adherence to the provisions of such information security requirements. Merchant shall indemnify and hold Bank harmless against losses or damages arising from the acts or omissions of Merchant Servicers or Agents engaged by Merchant.