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<br />provide Authorization and/or processing services only, and all settlement
<br />and Chargeback obligations and similar financial responsibilities arising
<br />from your transactions involving Cards other than Visa and MasterCard
<br />will be governed exclusively by your agreement with the respective Card
<br />Issuer and you must not seek Authorization for or submit for processing or
<br />settlement any trcmsactions involving Cards other than Visa and
<br />MasterCard unless you have in effect a valid agreement with the
<br />applicable Card Issuer, except to the extent we have agreed to provide
<br />settlement services with respect to your lCB, Diners Club/Carte Blanche
<br />or Discover Card transactions. You must notify us immediately upon
<br />termination of any issuer agreement. Upon such termination, we will have
<br />no further obligation to provide any services to you for transactions
<br />involving the Cards covered by the terminated issuer agreement (except to
<br />the extent we have agreed to provide settlement services with respect to
<br />your lCB, Diners Club/Carte Blanche or Discover Card transactions). We
<br />do not warrant or bear any responsibility for any Card Issuer or for its
<br />performance of any obligations to you. If any agreement with a Card
<br />Issuer requires such Card Issuer's consent for us to perform the services
<br />contemplated by this Agreement, you are responsible for obtaining that
<br />consent.
<br />
<br />a) If the Application indicates that we will provide settlement
<br />services with respect to your Diners Club/Carte Blanche Card
<br />transactions, you will not have a separate agreement with such Card
<br />Issuer; instead, we will provide you with all specified services for
<br />such Card transactions solely pursuant to this Agreement (and any
<br />provisions from the ManualslInstructions or any updates thereto). In
<br />addition, the following special provisions apply (notwithstanding any
<br />contrary provision in this Agreement) to your lCB or Diners
<br />Club/Carte Blanche Card transactions to be settled by us:
<br />
<br />a) For Diners Club/Carte Blanche: (i) you must retain original sales
<br />records and credit records for at least ninety (90) days after the
<br />transaction and must retain microfilm or legible copies of sales
<br />records and credit records for at least seven (7) years after the
<br />transaction; and (ii) you must not accept a Card embossed "for local
<br />use only" outside the territory in which it was issued.
<br />
<br />b) For lCB: (i) you must retain original sales drafts and credit
<br />vouchers for at least 120 days after the transaction and must retain
<br />microfilm or legible copies of sales drafts and credit vouchers for at
<br />least three (3) years after the transaction; (ii) for purposes of your
<br />Chargeback liability with respect to lCB Card transactions, an
<br />Authorization obtained on a transaction does not override any
<br />Chargeback reason which may apply to the item; (iii) if you process
<br />lCB Card transaction data electronically, your account number must
<br />be included in the lCB Card transaction data transmitted to us, in
<br />addition to the other information required to be included on each
<br />sales draft or credit voucher; (iv) if you are a lodging merchant, lCB
<br />Cardholders must be allowed to cancel reservations at resort
<br />establishments until 4:00 p.m. on the scheduled arrival date; and (v)
<br />by contracting for lCB settlement services, you authorize lCB to
<br />publish your name, address and telephone number in lCB solicitation
<br />materials.
<br />
<br />6. Access to Debit Networks and Use of Services. In entering into this
<br />Agreement and performing services for you with respect to online point of
<br />sale debit transactions, we will provide you with access and sponsorship or
<br />will cause you to be provided with access and sponsorship to the point of
<br />sale Debit Networks specified by us. Any penalties incurred by you for
<br />failure to comply with Debit Network Rules will be your responsibility
<br />You assume exclusive responsibility for the consequences of any omlor
<br />written instructions you may give to us, for your failure to properly access
<br />the services in the manner prescribed by us, and for your failure to supply
<br />accurate input information, You will be responsible for auditing,
<br />balancing, verifying and reconciling any out-of-balance condition, and for
<br />notifying us of any errors in the foregoing after receipt of the applicable
<br />report from us. You will reject all incorrect reports or output within two
<br />(2) Business Days after receipt of the reports or output.
<br />
<br />Except as otherwise provided in this Agreement, you will be responsible
<br />for the supervision, management and control of your use of our systems,
<br />including without limitation (I) implementing sufficient procedures to
<br />satisfy its requirements for the security and accuracy of the input you
<br />provide, and (2) implementing reasonable procedures to verify reports and
<br />other output from us within the time fmmes specified here in above. You
<br />agree that you will use the services in accordance with such reasonable
<br />rules as may be established by us from time to time as set forth in any
<br />materials furnished by us to you.
<br />
<br />7. EDT Transactions. If elected by you on the Application, you wish
<br />to purchase from us and we wish to sell to you certain services necessary
<br />for the authorization, processing and settlement of point of sale EBT
<br />transactions submitted to the EBT Networks and which transactions are
<br />
<br />BAMS MSA (8-2-05)
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<br />Page 10 of 19
<br />
<br />initiated through you in connection with the authorization, providing
<br />and/or issuance of United States Department of Agriculture, Food and
<br />Nutrition Services ("FNS") food stamp benefits ("FS Benefits") and/or
<br />Temporary Assistance to Needed Families ("TANF") benefits and/or other
<br />govemment delivered cash assistance benefits ("Cash Benefits" with FS
<br />Benefits, "Benefits") to benefit recipients in the EBT Project areas I
<br />("Recipients") supported by us through the applicable gateway through the
<br />use of a State-issued Benefit Security Card ("EBT Card") issued by a state
<br />participating in the EBT Project and benefit recipients of other states not
<br />within the Project area ("Other Recipients"). You agree to provide and/or
<br />issue Benefits at each of your locations to the Recipient as hereinafter
<br />provided and in accordance with the procedures specified by us, the
<br />applicable EBT Network or State's EBT rules and regulations as amended
<br />from time to time and all applicable laws governing the issuance and/or
<br />provision of Benefits. You will provide each Recipient a receipt for each
<br />Benefit issuance transaction undertaken by you. You will be solely
<br />responsible for your issuance of Benefits other than in accordance with
<br />authorizations received from us,
<br />
<br />You will provide us, upon execution of this Agreement, with a complete
<br />list of all of your locations in the continental United States where you
<br />desire to accept EBT Cards, with correct and complete mailing addresses
<br />and complete telephone numbers, in location number order. You will
<br />provide an updated list at our request or as changes occur. All locations
<br />from which you accept EBT Cards will be subject to this Agreement and
<br />will be included on the lists provided from time to time by you to us,
<br />
<br />You will honor any valid EBT Card properly tendered for use when it is
<br />presented with a valid personal identification number (PIN). You will not
<br />engage in acceptance practices or procedures that discourage the use of
<br />any valid EBT Card. You will not complete any point-of-sale EBT Card
<br />transaction that has not been authorized. You will ensure that if Recipient
<br />enters a valid PIN, you will not require another form of identification from
<br />Recipient unless you have grounds to suspect fraud.
<br />
<br />You will provide and/or issue Benefits to Recipients, in accordance with
<br />the policies and Rules in the amount authorized through your point-of-sale
<br />terminal, with PIN Pad and printer ("Equipment"), upon presentation by
<br />Recipient of an EBT Card and Recipient entry of a valid PIN. You agree
<br />that in the event of failure of the Equipment to print Benefit issuance
<br />information as approved and validated as a legitimate transaction, you will
<br />comply with our procedures and rules for authorization of Benefits in such
<br />instance. I
<br />
<br />If you have agreed to Cash Benefits, you agree to maintain adequate cash
<br />on hand to issue and/or provide confirmed Cash Benefits and will issue
<br />and/or provide Cash Benefits to Recipients in the same manner and to the
<br />same extent cash is provided to your other customers, You will not
<br />require, and will not in the advertising suggest, that any Recipient must
<br />purchase goods or services at your facilities as a condition to the issuance
<br />and/or provision of Cash Benefits to such Recipient, unless such condition
<br />applies to other customers as well. You will not designate special
<br />checkout lanes restricted to use by Recipients, provided that if you
<br />designate special checkout lanes for electronic debit, or credit cards and/or
<br />other payment methods such as checks or other than cash, Recipients may
<br />be directed to such lanes so long as other customers are directed there as
<br />welL
<br />
<br />If you support the issuance and/or provision of FS Benefits through
<br />manual benefit issuance procedures during the period of time when normal
<br />benefit issuance is not possible, then the following limitations will apply to
<br />manual issuance and/or provision of FS Benefits by you.
<br />
<br />(i) You must receive an authorization number for the
<br />amount of the purchase via telephone at the time of sale,
<br />
<br />(ii) Specified Recipient, clerk and sales information,
<br />including the telephone authorization number, must be entered
<br />properly and legibly on the manual sales draft form.
<br />
<br />(iii) The manual sales draft must be submitted to the
<br />applicable EBT Network for processing within ten (10)
<br />calendar days following the date of authorization or any such
<br />earlier period of time specified in any applicable rules or
<br />regulations.
<br />
<br />(iv) Except as otherwise specifically provided by any
<br />applicable rules or laws, you will not be reimbursed and will be
<br />solely responsible for all manual transactions when you fail to
<br />obtain an authorization number at the time of sale or otherwise
<br />fail to process the manual transactions in accordance with any
<br />applicable Rules or laws.
<br />
<br />(v) Except as otherwise specifically provided by any I'
<br />applicable Rules or laws, you may not "resubmit" a manual
<br />sales draft for payment if insufficient funds exist at the time that
<br />the manual sales draft is presented for processing and payment.
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