Common use of Requirements for Certain Transactions Clause in Contracts

Requirements for Certain Transactions. As to all Transactions, Merchant represents and warrants that, to the best of its knowledge: (a) The Transaction Data (i) represents a payment for or Refund of a bona fide sale or lease of the goods, services, or both, which Merchant has provided in the ordinary course of business, as represented in its Application; and (ii) is not submitted on behalf of a third party. (b) The Transaction Data represents an obligation of the Customer for the amount of the Transaction. (c) The Transaction is not for any purpose other than payment for the current Transaction. The Transaction does not represent the collection of a dishonored check or the collection or refinancing of an existing debt. The Transaction does not represent payment for a previous Transaction or charge incurred at the Merchant or a Transaction that was previously charged back by the Customer, irrespective of Customer consent or approval. (d) Merchants that collect prepayment must advise the Customer (i) that payment is being made in advance of the shipment or provision of goods or services; and (ii) the time when shipment or provision of the goods or services is expected. (e) The Transaction Data is free from any material alteration not authorized by the Customer. (f) The amount charged for the Transaction is not subject to any dispute, setoff, or counterclaim. (g) Merchant has not disbursed or advanced any cash to the Customer or itself or to any of its representatives, agents, or employees in connection with the Transaction, nor has Merchant accepted payment for effecting credits to a Customer. (h) The goods or services related to each Transaction are Merchant’s property or Merchant has the legal right to sell them. (i) Merchant has made no representation or agreement for the issuance of Refunds except as stated in Merchant’s Refund Policy, which has been previously submitted to Treasury in writing as provided in Section 3, and which is available to the Customer. (j) Any Transaction submitted to Processor to credit a Customer’s account represents a Refund for a Transaction previously submitted to Processor. (k) Merchant has no knowledge or notice of information that would lead Merchant to believe that the enforceability or collectability of the Transaction is in any manner impaired. Merchant has originated the Transaction and Transaction Data in compliance with this Agreement, applicable laws and all applicable Payment Brand Rules. (l) Unless specifically stated in its Application or otherwise approved in writing by Treasury in advance, Merchant shall not accept Payment Instruments in connection with installment plans. If the Customer pays in installments or on a deferred payment plan, as previously approved by Treasury, a Transaction Data record has been prepared separately for each installment transaction or deferred payment on the dates the Customer agreed to be charged. All installments and deferred payments, whether or not they have been submitted to Processor for processing, shall be deemed to be a part of the original Transaction. (m) Merchant has not submitted any Transaction that Merchant knows or should have known to be either fraudulent, illegal, damaging to the Payment Brand(s), not authorized by the Customer or otherwise in violation of any provision of this Agreement, applicable law, or Payment Brand Rules. (n) For recurring Transactions, Merchant must (i) obtain the Customer’s consent to periodically charge the Customer on a recurring basis for the goods or services purchased, (ii) retain this permission for the duration of the recurring services and provide it upon request to Treasury, Processor or the issuing bank of the Customer’s Payment Instrument; and (iii) retain written documentation specifying the frequency of the recurring charge and the duration of time during which such charges may be made. Merchant shall not submit any recurring transaction after receiving: (i) a cancellation notice from the Customer, or (ii) notice from Processor or any Payment Brand (via authorization code or otherwise) that the Payment Instrument is not to be honored. Merchant shall include in its Transaction Data the electronic indicator that the Transaction is a recurring Transaction.

Requirements for Certain Transactions. As to all Transactions, Merchant represents and warrants that, to the best of its knowledgethat each Transaction: (a) The Transaction Data (i) represents a payment for or Refund of a bona fide sale or lease of the goods, services, or both, which Merchant has the legal right to sell and which is provided by Merchant in the ordinary course of its business, as represented in its Application; and ; (iib) is not submitted on behalf of a third party.; (bc) The Transaction Data represents an a current obligation of the Customer solely for the amount of the Transaction.; (cd) The Transaction is not for any purpose other than payment for the current Transaction. The Transaction does not represent the collection of a dishonored check or the collection or refinancing of an existing debt. The Transaction does not represent payment for a previous Transaction or charge incurred at the Merchant or a Transaction that was previously charged back by the Customer, irrespective of Customer consent or approval. (d) Merchants that collect prepayment must advise the Customer (i) that payment is being made in advance of the shipment or provision of goods or services; and (ii) the time when shipment or provision of the goods or services is expected.; (e) The Transaction Data represents goods that have been provided or shipped, or services that have actually been rendered, to the Customer; (f) is free from any material alteration not authorized by the Customer.; (fg) The or the amount charged for the Transaction thereof, is not subject to any dispute, setoff, or counterclaim; (h) if such Transaction represents a credit to a Customer’s Payment Card, is a Refund for a Transaction previously submitted to Chase Paymentech; and (i) complies with the terms of this Agreement, applicable laws and all applicable Payment Brand Rules. (gj) Merchant has not disbursed or advanced any cash to the Customer or (except as authorized by the Payment Brand Rules) for itself or to any of its representatives, agents, or employees in connection with the Transaction, nor has Merchant ; (k) accepted payment for effecting credits to a Customer or a Customer.’s Payment Card; (hl) The goods or services related to each Transaction are Merchant’s property or Merchant has the legal right to sell them. (i) Merchant has made no any representation or agreement for the issuance of Refunds except as stated in Merchant’s Refund Policy, which has been previously submitted to Treasury in writing as provided in Section 3, and which is available to the Customer.; (jm) Any Transaction submitted to Processor to credit a Customer’s account represents a Refund for a Transaction previously submitted to Processor. (k) Merchant has no knowledge or notice of been provided with any information that would lead Merchant to believe that the enforceability or collectability collectibility of the Transaction is in any manner impaired. Merchant has originated the Transaction and Transaction Data in compliance with this Agreement, applicable laws and all applicable Payment Brand Rules.; and (ln) Unless specifically stated in its Application or otherwise approved in writing by Treasury in advance, Merchant shall not accept Payment Instruments in connection with installment plans. If the Customer pays in installments or on a deferred payment plan, as previously approved by Treasury, a Transaction Data record has been prepared separately for each installment transaction or deferred payment on the dates the Customer agreed to be charged. All installments and deferred payments, whether or not they have been submitted to Processor for processing, shall be deemed to be a part of the original Transaction. (m) Merchant has not submitted any Transaction that Merchant knows or should have known to be either fraudulent, illegal, damaging to the Payment Brand(s), not authorized by the Customer Customer, or otherwise in violation of any provision of this Agreement, applicable law, or Payment Brand Rules. (no) For recurring Transactionsobtain permission from Chase Paymentech prior to submitting such Transactions for processing under this Agreement; (p) for approved prepayments, Merchant must advise the Customer: i. that payment is being made in advance of the shipment or provision of goods or services; and ii. the time when shipment or provision of the goods or services is expected; (iq) obtain the Customer’s consent to periodically charge the Customer Customer’s Payment Card on a recurring or periodic basis for the goods or services purchased, (ii) and: i. retain this permission for the duration of the recurring services and provide it upon request to Treasury, Processor Chase Paymentech or the issuing bank of the Customer’s Payment InstrumentCard; and (iii) and ii. retain written documentation specifying the frequency of the recurring charge and the duration of time during which such charges may be made. Merchant shall ; (r) prepare and submit for processing separate Transaction Data for each recurring, installment, or deferred payment only on the dates the Customer agreed to be charged and include in the Transaction Data the electronic indicator that the Transaction is a recurring one; and (s) not submit any recurring transaction such Transactions after receiving: (i) : i. a cancellation notice from the Customer, or (; or ii) . notice from Processor Chase Paymentech or any Payment Brand (via authorization code or otherwise) that the Payment Instrument Card is not to be honored. Merchant shall include in its Transaction Data the electronic indicator that the Transaction is a recurring Transaction.

Requirements for Certain Transactions. As to all Transactions, Merchant Xxxxxxxx represents and warrants that, to the best of its knowledge: (a) The Transaction Data (i) represents a payment for or Refund of a bona fide sale or lease of the goods, services, or both, which Merchant has provided in the ordinary course of its business, as represented in its Application; and (ii) is not submitted on behalf of a third party. (b) The Transaction Data represents an obligation of the Customer for the amount of the Transaction. (c) The Transaction is not for any purpose other than payment for the current Transaction. The Transaction does not represent the collection of a dishonored check or the collection or refinancing of an existing debt. The Transaction does not represent payment for a previous Transaction or charge incurred at the Merchant or a Transaction that was previously charged back by the Customer, irrespective of Customer consent or approval. (d) Merchants that collect Except as specifically stated in Merchant’s Application or otherwise approved in writing by Chase Paymentech in advance, with respect to any prepayment for services or full prepayment for custom-ordered merchandise manufactured to the Customer’s specifications, at the time Merchant accepts a Payment Instrument for any goods or services, the goods have been provided or shipped or the services actually rendered to the Customer. For approved prepayments, Merchant must advise the Customer (i) that payment is being made in advance of the shipment or provision of goods or services; and (ii) the time when shipment or provision of the goods or services is expected. (e) The Transaction Data is free from any material alteration not authorized by the Customer. (f) The amount charged for the Transaction is not subject to any dispute, setoff, or counterclaim. (g) Merchant has not disbursed or advanced any cash to the Customer (except as authorized by the Payment Brand Rules) or itself or to any of its representatives, agents, or employees in connection with the Transaction, nor has Merchant accepted payment for effecting credits to a Customer. (h) The goods or services related to each Transaction are Merchant’s property or Merchant has the legal right to sell them. (i) Merchant has made no representation or agreement for the issuance of Refunds except as stated in Merchant’s Refund Policy, which has been previously submitted to Treasury Chase Paymentech in writing as provided in Section 3, and which is available to the Customer. (j) Any Transaction submitted to Processor Chase Paymentech to credit a Customer’s account represents a Refund for a Transaction previously submitted to ProcessorChase Paymentech. (k) Merchant has no knowledge or notice of information that would lead Merchant to believe that the enforceability or collectability collectibility of the Transaction is in any manner impaired. Merchant has originated the Transaction and Transaction Data in compliance with this Agreement, applicable laws and all applicable Payment Brand Rules. (l) Unless specifically stated in its Application or otherwise approved in writing by Treasury Chase Paymentech in advance, Merchant shall not accept Payment Instruments in connection with installment plans. If the Customer pays in installments or on a deferred payment plan, as previously approved by TreasuryChase Paymentech, a Transaction Data record has been prepared separately for each installment transaction or deferred payment on the dates the Customer agreed to be charged. All installments and deferred payments, whether or not they have been submitted to Processor Chase Paymentech for processing, shall be deemed to be a part of the original Transaction. (m) Merchant has not submitted any Transaction that Merchant knows or should have known to be either fraudulent, illegal, damaging to the Payment Brand(s), not authorized by the Customer or otherwise in violation of any provision of this Agreement, applicable law, or Payment Brand Rules. (n) For recurring Transactions, Merchant Xxxxxxxx must (i) obtain the Customer’s consent to periodically charge the Customer on a recurring basis for the goods or services purchased, ; (ii) retain this permission for the duration of the recurring services and provide it upon request to Treasury, Processor Chase Paymentech or the issuing bank of the Customer’s Payment Instrument; and (iii) retain written documentation specifying the frequency of the recurring charge and the duration of time during which such charges may be made. Merchant shall not submit any recurring transaction after receiving: (i) a cancellation notice from the Customer, ; or (ii) notice from Processor Chase Paymentech or any Payment Brand (via authorization code or otherwise) that the Payment Instrument is not to be honored. Merchant shall include in its Transaction Data the electronic indicator that the Transaction is a recurring Transaction.

Requirements for Certain Transactions. As to all TransactionsMerchant represents, Merchant represents warrants, and warrants covenants that, to the best of its knowledge, each Transaction: (a) The Transaction Data (i) represents a payment for or Refund of a bona fide sale or lease of the goods, services, or both, which Merchant has the legal right to sell and which is provided by Merchant in the ordinary course of its business, as represented in its Application; and ; (iib) is not submitted on behalf of a third party.; (bc) The Transaction Data represents an a current obligation of the Customer solely for the amount of the Transaction.; (cd) The Transaction is not for any purpose other than payment for the current Transaction. The Transaction does not represent the collection of a dishonored check or the collection or refinancing of an existing debt. The Transaction does not represent payment for a previous Transaction or charge incurred at the Merchant or a Transaction that was previously charged back by the Customer, irrespective of Customer consent or approval. (d) Merchants that collect prepayment must advise the Customer (i) that payment is being made in advance of the shipment or provision of goods or services; and (ii) the time when shipment or provision of the goods or services is expected.; (e) The Transaction Data represents goods that have been provided or shipped, or services that have actually been rendered, to the Customer; (f) is free from any material alteration not authorized by the Customer.; (fg) The or the amount charged for the Transaction thereof, is not subject to any dispute, setoff, or counterclaim; (h) if such Transaction represents a credit to a Customer’s Payment Card, is a Refund for a Transaction previously submitted to Chase Paymentech; and (i) complies with the terms of this Agreement, applicable laws and all applicable Payment Brand Rules. (gj) Merchant has not disbursed or advanced any cash to the Customer or (except as authorized by the Payment Brand Rules) for itself or to any of its representatives, agents, or employees in connection with the Transaction, nor has Merchant ; (k) accepted payment for effecting credits to a Customer or a Customer.’s Payment Card; (hl) The goods or services related to each Transaction are Merchant’s property or Merchant has the legal right to sell them. (i) Merchant has made no any representation or agreement for the issuance of Refunds except as stated in Merchant’s Refund Policy, which has been previously submitted to Treasury in writing as provided in Section 3, and which is available to the Customer.; (jm) Any Transaction submitted to Processor to credit a Customer’s account represents a Refund for a Transaction previously submitted to Processor. (k) Merchant has no knowledge or notice of been provided with any information that would lead Merchant to believe that the enforceability or collectability collectibility of the Transaction is in any manner impaired. Merchant has originated the Transaction and Transaction Data in compliance with this Agreement, applicable laws and all applicable Payment Brand Rules.; and (ln) Unless specifically stated in its Application or otherwise approved in writing by Treasury in advance, Merchant shall not accept Payment Instruments in connection with installment plans. If the Customer pays in installments or on a deferred payment plan, as previously approved by Treasury, a Transaction Data record has been prepared separately for each installment transaction or deferred payment on the dates the Customer agreed to be charged. All installments and deferred payments, whether or not they have been submitted to Processor for processing, shall be deemed to be a part of the original Transaction. (m) Merchant has not submitted any Transaction that Merchant knows or should have known to be either fraudulent, illegal, damaging to the Payment Brand(s), not authorized by the Customer Customer, or otherwise in violation of any provision of this Agreement, applicable law, or Payment Brand Rules. (no) For recurring Transactionsobtain permission from Chase Paymentech prior to submitting such Transactions for processing under this Agreement; (p) for approved prepayments, Merchant must advise the Customer: i. that payment is being made in advance of the shipment or provision of goods or services; and ii. the time when shipment or provision of the goods or services is expected; (iq) obtain the Customer’s consent to periodically charge the Customer Customer’s Payment Card on a recurring or periodic basis for the goods or services purchased, (ii) and: i. retain this permission for the duration of the recurring services and provide it upon request to Treasury, Processor Chase Paymentech or the issuing bank of the Customer’s Payment InstrumentCard; and (iii) and ii. retain written documentation specifying the frequency of the recurring charge and the duration of time during which such charges may be made. Merchant shall ; (r) prepare and submit for processing separate Transaction Data for each recurring, installment, or deferred payment only on the dates the Customer agreed to be charged and include in the Transaction Data the electronic indicator that the Transaction is a recurring one; and (s) not submit any recurring transaction such Transactions after receiving: (i) : i. a cancellation notice from the Customer, or (; or ii) . notice from Processor Chase Paymentech or any Payment Brand (via authorization code or otherwise) that the Payment Instrument Card is not to be honored. Merchant shall include in its Transaction Data the electronic indicator that the Transaction is a recurring Transaction.

Requirements for Certain Transactions. As to all TransactionsMerchant represents, Merchant represents warrants, and warrants covenants that, to the best of its knowledge, each Transaction: (a) The Transaction Data (i) represents a payment for or Refund of a bona fide sale or lease of the goods, services, or both, which Merchant has the legal right to sell and which is provided by Merchant in the ordinary course of its business, as represented in its Application; and ; (iib) is not submitted on behalf of a third party.; (bc) The Transaction Data represents an a current obligation of the Customer solely for the amount of the Transaction.; (cd) The Transaction is not for any purpose other than payment for the current Transaction. The Transaction does not represent the collection of a dishonored check or the collection or refinancing of an existing debt. The Transaction does not represent payment for a previous Transaction or charge incurred at the Merchant or a Transaction that was previously charged back by the Customer, irrespective of Customer consent or approval. (d) Merchants that collect prepayment must advise the Customer (i) that payment is being made in advance of the shipment or provision of goods or services; and (ii) the time when shipment or provision of the goods or services is expected.; (e) The Transaction Data represents goods that have been provided or shipped, or services that have actually been rendered, to the Customer; (f) is free from any material alteration not authorized by the Customer.; (fg) The or the amount charged for the Transaction thereof, is not subject to any dispute, setoff, or counterclaim; (h) if such Transaction represents a credit to a Customer’s Payment Card, is a Refund for a Transaction previously submitted to Chase Paymentech; and (i) complies with the terms of this Agreement, applicable laws and all applicable Card Brand Rules. (gj) Merchant has not disbursed or advanced any cash to the Customer or (except as authorized by the Card Brand Rules) for itself or to any of its representatives, agents, or employees in connection with the Transaction, nor has Merchant ; (k) accepted payment for effecting credits to a Customer or a Customer.’s Payment Card; (hl) The goods or services related to each Transaction are Merchant’s property or Merchant has the legal right to sell them. (i) Merchant has made no any representation or agreement for the issuance of Refunds except as stated in Merchant’s Refund Policy, which has been previously submitted to Treasury in writing as provided in Section 3, and which is available to the Customer.; (jm) Any Transaction submitted to Processor to credit a Customer’s account represents a Refund for a Transaction previously submitted to Processor. (k) Merchant has no knowledge or notice of been provided with any information that would lead Merchant to believe that the enforceability or collectability collectibility of the Transaction is in any manner impaired. Merchant has originated the Transaction and Transaction Data in compliance with this Agreement, applicable laws and all applicable Payment Brand Rules.; and (ln) Unless specifically stated in its Application or otherwise approved in writing by Treasury in advance, Merchant shall not accept Payment Instruments in connection with installment plans. If the Customer pays in installments or on a deferred payment plan, as previously approved by Treasury, a Transaction Data record has been prepared separately for each installment transaction or deferred payment on the dates the Customer agreed to be charged. All installments and deferred payments, whether or not they have been submitted to Processor for processing, shall be deemed to be a part of the original Transaction. (m) Merchant has not submitted any Transaction that Merchant knows or should have known to be either fraudulent, illegal, damaging to the Payment Card Brand(s), not authorized by the Customer Customer, or otherwise in violation of any provision of this Agreement, applicable law, or Payment Card Brand Rules.. ; (no) For recurring Transactionsfor approved prepayments, Merchant must advise the Customer: i. that payment is being made in advance of the shipment or provision of goods or services; and ii. the time when shipment or provision of the goods or services is expected; (ip) obtain the Customer’s consent to periodically charge the Customer Customer’s Payment Card on a recurring or periodic basis for the goods or services purchased, (ii) and: i. retain this permission for the duration of the recurring services and provide it upon request to Treasury, Processor Chase Paymentech or the issuing bank of the Customer’s Payment InstrumentCard; and (iii) and ii. retain written documentation specifying the frequency of the recurring charge and the duration of time during which such charges may be made. Merchant shall ; (q) prepare and submit for processing separate Transactions for each recurring, installment, or deferred payment only on the dates the Customer agreed to be charged and include in the Transaction the electronic indicator that the Transaction is a recurring one; and (r) not submit any recurring transaction such Transactions after receiving: (i) : i. a cancellation notice from the Customer, or (; or ii) . notice from Processor Chase Paymentech or any Payment Card Brand (via authorization code or otherwise) that the Payment Instrument Card is not to be honored. Merchant shall include in its Transaction Data the electronic indicator that the Transaction is a recurring Transaction.