Common use of Provisions Applicable to American Express Cards Clause in Contracts

Provisions Applicable to American Express Cards. The following terms and conditions apply to your acceptance of American Express Cards and the Services we offer to facilitate this (in addition to all other Terms and Conditions set out in the Agreement). Capitalized terms used in this Section but not defined in the Definitions section above have the meaning given to them in the American Express OptBlue™ Merchant Guide Canada (“Amex Merchant Guide”) available online at: xxx.xxxxxxxxxxxxxxx.xx/xxxxxxxxxxxx. (a) You agree to accept American Express Cards in accordance with the terms of the Agreement, the Amex Merchant Guide and the American Express Data Security Standards, as such terms may be amended from time to time. (b) You authorize us to submit Transactions to, and receive settlement from, American Express. (c) You agree that (i) we may disclose Transaction Data, Merchant Data, and other information about you to American Express; and (ii) American Express may use such information to perform its responsibilities in connection with the Program, promote the American Express Network, perform analytics and create reports, and for any other lawful business purposes, including commercial marketing communications purposes and important transactional or relationship communications from American Express. (d) You agree that American Express may otherwise use and share your information for business purposes and as permitted by Applicable Law. American Express uses reasonable administrative, technical and physical security measures to protect your information consistent with the sensitivity of the information. American Express may use the information obtained in the CAF to screen and/or monitor you in connection with Card marketing and administrative purposes. (e) You acknowledge that American Express may use the information obtained in the Program Merchant application at the time of setup to screen and/or monitor you in connection with American Express Card marketing and administrative purposes. (f) You acknowledge and agree that you: (1) may be converted from the Program to a direct American Express Card acceptance relationship with American Express if and when you become a High Charge Volume Merchant; (2) upon conversion, (i) you will be bound by American Express' then- current American Express Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by you for American Express Card acceptance. (g) You agree not to assign to any third party any payments due to you under the Agreement and all indebtedness arising from Charges will be for bona fide sales of goods and services (or both) at your Establishments and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that you may sell and assign future Transaction receivables to us or our affiliated entities and/or any other cash advance funding source that has a commercial relationship with us or its affiliated entities, without consent of American Express. (h) If you are unable to resolve a Claim against American Express, or a Claim against us or any other Entity that American Express has a right to join (including Claims against us for which we have a right to seek indemnification from American Express), you agree to resolve the Claim by binding individual arbitration in the manner provided in the Amex Merchant Guide. (i) You may opt out of accepting American Express Cards at any time without penalty and without directly or indirectly affecting your rights to accept Cards and Other Payment Products from other Card Brands. (j) You must not xxxx or collect from any Cardmember for any purchase or payment on the American Express Card unless Chargeback has been exercised, you have fully paid for such Charge, and you otherwise have the right to do so. (k) You must remove American Express Licensed Marks from your website and wherever else they are displayed upon termination of the Agreement or your participation in the Program. (l) We may assign the Agreement with respect to American Express Card acceptance to American Express in the event of termination of our agreement with American Express.

Provisions Applicable to American Express Cards. ‌ The following terms and conditions apply to your acceptance of American Express Cards and the Services we offer to facilitate this (in addition to all other Terms and Conditions set out in the Agreement). Capitalized terms used in this Section but not defined in the Definitions section above have the meaning given to them in the American Express OptBlue™ Merchant Guide Canada (“Amex Merchant Guide”) available online at: xxx.xxxxxxxxxxxxxxx.xx/xxxxxxxxxxxx. (a) You agree to accept American Express Cards in accordance with the terms of the Agreement, the Amex Merchant Guide and the American Express Data Security Standards, as such terms may be amended from time to time. (b) You authorize us to submit Transactions to, and receive settlement from, American Express. (c) You agree that (i) we may disclose Transaction Data, Merchant Data, and other information about you to American Express; and (ii) American Express may use such information to perform its responsibilities in connection with the Program, promote the American Express Network, perform analytics and create reports, and for any other lawful business purposes, including commercial marketing communications purposes and important transactional or relationship communications from American Express. (d) You agree that American Express may otherwise use and share your information for business purposes and as permitted by Applicable Law. American Express uses reasonable administrative, technical and physical security measures to protect your information consistent with the sensitivity of the information. American Express may use the information obtained in the CAF to screen and/or monitor you in connection with Card marketing and administrative purposes. (e) You acknowledge that American Express may use the information obtained in the Program Merchant application at the time of setup to screen and/or monitor you in connection with American Express Card marketing and administrative purposes. (f) You acknowledge and agree that you: (1) may be converted from the Program to a direct American Express Card acceptance relationship with American Express if and when you become a High Charge Volume Merchant; (2) upon conversion, (i) you will be bound by American Express' then- then-current American Express Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by you for American Express Card acceptance. (g) You agree not to assign to any third party any payments due to you under the Agreement and all indebtedness arising from Charges will be for bona fide sales of goods and services (or both) at your Establishments and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that you may sell and assign future Transaction receivables to us or our affiliated entities and/or any other cash advance funding source that has a commercial relationship with us or its affiliated entities, without consent of American Express. (h) If you are unable to resolve a Claim against American Express, or a Claim against us or any other Entity that American Express has a right to join (including Claims against us for which we have a right to seek indemnification from American Express), you agree to resolve the Claim by binding individual arbitration in the manner provided in the Amex Merchant Guide. (i) You may opt out of accepting American Express Cards at any time without penalty and without directly or indirectly affecting your rights to accept Cards and Other Payment Products from other Card Brands. (j) You must not xxxx bill or collect from any Cardmember for any purchase or payment on the American Express Card unless Chargeback has been exercised, you have fully paid for such Charge, and you otherwise have the right to do so. (k) You must remove American Express Licensed Marks from your website and wherever else they are displayed upon termination of the Agreement or your participation in the Program. (l) We may assign the Agreement with respect to American Express Card acceptance to American Express in the event of termination of our agreement with American Express.

Provisions Applicable to American Express Cards. The following terms and conditions apply to your acceptance of American Express Cards and the Services we offer to facilitate this (in addition to all other Terms and Conditions set out in the Agreement). Capitalized terms used in this Section but not defined in the Definitions section above have the meaning given to them in the American Express OptBlue™ Merchant Operating Guide Canada (“Amex Merchant Guide”) available online at: xxx.xxxxxxxxxxxxxxx.xx/xxxxxxxxxxxxxxx.xxxxxxxxxxxxxxx.xx/xxxxxxxxxxxxx. (a) You agree to accept American Express Cards in accordance with the terms of the Agreement, the Amex Merchant Guide and the American Express Data Security Standards, as such terms may be amended from time to time. (b) You authorize us to submit Transactions to, and receive settlement from, American Express. (c) You agree that (i) we may disclose Transaction Data, Merchant Data, and other information about you to American Express; and (ii) American Express may use such information to perform its responsibilities in connection with the Program, promote the American Express Network, perform analytics and create reports, and for any other lawful business purposes, including commercial marketing communications purposes and important transactional or relationship communications from American Express. (d) You agree that American Express may otherwise use and share your information for business purposes and as permitted by Applicable Law. American Express uses reasonable administrative, technical and physical security measures to protect your information consistent with the sensitivity of the information. American Express may use the information obtained in the CAF to screen and/or monitor you in connection with Card marketing and administrative purposes. (e) You acknowledge that American Express may use the information obtained in the Program Merchant application at the time of setup to screen and/or monitor you in connection with American Express Card marketing and administrative purposes. (f) You acknowledge and agree that you: (1) may be converted from the Program to a direct American Express Card acceptance relationship with American Express if and when you become a High Charge Volume Merchant; (2) upon conversion, (i) you will be bound by American Express' then- current American Express Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by you for American Express Card acceptance. (g) You agree not to assign to any third party any payments due to you under the Agreement and all indebtedness arising from Charges will be for bona fide sales of goods and services (or both) at your Establishments and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that you may sell and assign future Transaction receivables to us or our affiliated entities and/or any other cash advance funding source that has a commercial relationship with us or its affiliated entities, without consent of American Express. (h) If you are unable to resolve a Claim against American Express, or a Claim against us or any other Entity that American Express has a right to join (including Claims against us for which we have a right to seek indemnification from American Express), you agree to resolve the Claim by binding individual arbitration in the manner provided in the Amex Merchant Guide. (i) You may opt out of accepting American Express Cards at any time without penalty and without directly or indirectly affecting your rights to accept Cards and Other Payment Products from other Card Brands. (j) You must not xxxx bill or collect from any Cardmember for any purchase or payment on the American Express Card unless Chargeback has been exercised, you have fully paid for such Charge, and you otherwise have the right to do so. (k) You must remove American Express Licensed Marks from your website and wherever else they are displayed upon termination of the Agreement or your participation in the Program. (l) We may assign the Agreement with respect to American Express Card acceptance to American Express in the event of termination of our agreement with American Express.

Provisions Applicable to American Express Cards. The following terms and conditions apply to your acceptance of American Express Cards and the Services we offer to facilitate this (in addition to all other Terms and Conditions set out in the Agreement). Capitalized terms used in this Section but not defined in the Definitions section above have the meaning given to them in the American Express OptBlue™ Merchant Guide Canada (“Amex Merchant Guide”) available online at: xxx.xxxxxxxxxxxxxxx.xx/xxxxxxxxxxxx. (a) You agree to accept American Express Cards in accordance with the terms of the Agreement, the Amex Merchant Guide Guide, and the American Express Data Security Standards, as such terms may be amended from time to time. (b) You authorize us to submit Transactions to, and receive settlement from, American Express. (c) You agree that (i) we may disclose Transaction Data, Merchant Data, and other information about you to American Express; and (ii) American Express may use such information to perform its responsibilities in connection with the Program, promote the American Express Network, perform analytics and create reports, and for any other lawful business purposes, including commercial marketing communications purposes and important transactional or relationship communications from American Express. (d) You agree that American Express may otherwise use and share your information for business purposes and as permitted by Applicable Law. American Express uses reasonable administrative, technical and physical security measures to protect your information consistent with the sensitivity of the information. American Express may use the information obtained in the CAF PAF to screen and/or monitor you in connection with Card marketing and administrative purposes. (e) You acknowledge that American Express may use the information obtained in the Program Merchant application at the time of setup to screen and/or monitor you in connection with American Express Card marketing and administrative purposes. (f) You acknowledge and agree that you: (1) may be converted from the Program to a direct American Express Card acceptance relationship with American Express if and when you become a High Charge Volume Merchant; (2) upon conversion, (i) you will be bound by American Express' then- current American Express Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by you for American Express Card acceptance. (g) You agree not to assign to any third party any payments due to you under the Agreement and all indebtedness arising from Charges will be for bona fide sales of goods and services (or both) at your Establishments and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that you may sell and assign future Transaction receivables to us or our affiliated entities and/or any other cash advance funding source that has a commercial relationship with us or its affiliated entities, without consent of American Express. (h) If you are unable to resolve a Claim against American Express, or a Claim against us or any other Entity that American Express has a right to join (including Claims against us for which we have a right to seek indemnification from American Express), you agree to resolve the Claim by binding individual arbitration in the manner provided in the Amex Merchant Guide. (i) You may opt out of accepting American Express Cards at any time without penalty and without directly or indirectly affecting your rights to accept Cards and Other Payment Products from other Card Brands. (j) You must not xxxx bill or collect from any Cardmember for any purchase or payment on the American Express Card unless Chargeback has been exercised, you have fully paid for such Charge, and you otherwise have the right to do so. (k) You must remove American Express Licensed Marks from your website and wherever else they are displayed upon termination of the Agreement or your participation in the Program. (l) We may assign the Agreement with respect to American Express Card acceptance to American Express in the event of termination of our agreement with American Express.