Merchant’s Representations and Warranties. Merchant represents and warrants that: (a) all information contained in the Merchant Application or any other documents delivered to Provider in connection therewith is true and complete and properly reflects Merchant's business, financial condition and principals, partners, owners or officers (as applicable); (b) Merchant has power to execute, deliver and perform this Agreement, and this Agreement is duly authorized, and will not violate any provisions of Law, or conflict with any other agreement to which Merchant is subject; (c) Merchant holds all licenses, if any, required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so; and (d) there is no action, suit or proceeding at law or in equity now pending or, to Merchant's knowledge, threatened by or against or affecting Merchant which would substantially impair its right to carry on its business as now conducted or adversely affect its financial condition or operations.
Merchant’s Representations and Warranties. Merchant represents and warrants to FORTE that:
Merchant’s Representations and Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants to Clearent and Bank that: (a) each Transaction delivered hereunder represents a bona fide sale to a valid Cardholder by Merchant for the amount shown on the sales slip as the total sale and constitutes the binding obligation of the Cardholder, free from any claim demand, defense setoff or other adverse claim whatsoever; (b) each sales slip or other evidence of indebtedness accurately describes the goods and services which have been sold and delivered to the Cardholder; (c) Merchant has fully complied with this Merchant Agreement and all applicable Laws and the Card Brand Rules; (d) Merchant has fulfilled completely all of its obligations to the Cardholder and will resolve any customer dispute or complaint directly with the Cardholder; (e) the signature on the sales slip is genuine and authorized by Cardholder and not forged or unauthorized; (f) the Transaction has been consummated and the sales slip prepared in full compliance with the provisions of the Card Acceptance Guide and the Card Brand Rules; (g) none of the Transactions submitted hereunder represents sales to any principal, partner, proprietor, or owner of Merchant; (h) without limiting the generality of the foregoing, each Transaction and the handling, retention, and storage of information related thereto, complies with the Card Brand Rules as it relates to cardholder and transaction information security, including without limitation PCI DSS, Visa’s Cardholder Information Security Program (“CISP”), MasterCard’s Site Data Protection Program (“SDP”), Discover Information Security Compliance (“DISC”), and American Express’s Data Security Requirements (“DSR”); (i) all of the information contained in the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement; (j) there have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition or management; (k) Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed; (l) the person who executes the Merchant Application on behalf of Merchant has the full power and authority to execute the Merchant Application and to enter into this Merch...
Merchant’s Representations and Warranties. Upon signing the Application, and each time Merchant submits a Charge, Merchant represents and warrants to Bank that:
Merchant’s Representations and Warranties. The Merchant represents and warrants that, at all times while this agreement is in force:
Merchant’s Representations and Warranties. Upon signing the Application, and each time Merchant submits a Transaction, Merchant represents and warrants that:
Merchant’s Representations and Warranties. You represent and warrant:
Merchant’s Representations and Warranties. 15.2.1 Merchant’s agreement to license Forte's products and services and to engage Forte to perform the Services hereunder does not violate any agreement or obligation between Merchant and any third party.
Merchant’s Representations and Warranties. (a) Merchant represents and warrants that none of Merchant, any of its Affiliates, or any of their respective officers, directors, owners, employees, representatives or agents (the “Merchant Affiliated Parties”) is or has engaged in, been charged with or indicted for, or convicted of, any “criminal activity” as defined in Article 2 of the Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law, available at xxxxx://xxx-xxx.xxxxxx.xx/xxx/dir/2018/1673/oj. Subject to this definition, for these purposes, “criminal activity” generally means any kind of criminal involvement in the commission of any offense or crime punishable, in accordance with relevant national law, by deprivation of liberty or a detention order for a maximum of more than one year or, as regards EU Member States that have a minimum threshold for crimes or offenses in their legal systems, any crime or offense punishable by deprivation of liberty or a detention order for a minimum of more than six months.
Merchant’s Representations and Warranties. Xxxxxxxx understands and agrees that XXXX’s ODFI is a third party beneficiary of Xxxxxxxx’s representations and warranties herein. Merchant represents and warrants to ACHD that:
