Common use of Treatment of the American Express Brand Clause in Contracts

Treatment of the American Express Brand. Except as expressly permitted by applicable law, you must not: • indicate or imply that you prefer, directly or indirectly, any other payment products over the Card, • try to dissuade Cardholders from using the Card, • criticize or mischaracterize the Card or any of American Express’ services or programs, • try to persuade or prompt Cardholders to use any other payment products or any other method of payment (e.g., payment by check), • impose any restrictions, conditions, disadvantages or fees when the Card is accepted that are not imposed equally on all other payment products, except for electronic funds transfer, or cash and check, • suggest or require Cardholders to waive their right to dispute any transaction, • engage in activities that harm the American Express business or the American Express Brand (or both), promote any other payment products (except your own private label card that you issues for use solely at your establishments) more actively than you promote the Card, or • convert the currency of the original sale transaction to another currency when requesting Authorization or submitting transactions (or both). You may offer discounts or in-kind incentives from your regular prices for payments in cash, ACH funds transfer, check, Debit Card or Credit Card, provided that (to the extent required by applicable law): (i) you clearly and conspicuously disclose the terms of the discount or in-kind incentive to your customers, (ii) the discount or in-kind incentive is offered to all of your prospective customers, and