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Additional American Express Card Acceptance Requirements

High CV Merchant

In the event MERCHANT’s American Express annual charge volume exceeds $1,000,000 in a rolling twelve-month period or is greater than $100,000 in any three consecutive months, MERCHANT will be considered a High CV Merchant by American Express and will be required to enter into a direct merchant card acceptance agreement with American Express. Upon any conversion to a direct agreement with American Express, MERCHANT will be bound by American Express’ then current Card Acceptance Agreement and to any pricing and fees set by American Express.


Marketing and Communications

Upon agreement by MERCHANT to accept American Express transactions, MERCHANT consents to receive commercial marketing communications from American Express. After account setup, MERCHANT may contact Bank directly and request to opt-out of future marketing communications from American Express. This will not preclude MERCHANT from acceptance of important transactional or relationship communications from American Express. After a request to opt-out is received, MERCHANT may continue to receive marketing communications while Bank and American Express update its records to reflect MERCHANT's request.


Rights and Obligations

MERCHANT agrees that American Express shall have third-party beneficiary rights to enforce this Agreement, but shall hold no obligations to the MERCHANT. MERCHANT warrants that it does not hold third-party beneficiary rights to any agreements between Payment Service Provider and American Express and at no time will attempt to enforce any such agreements against American Express. MERCHANT agrees BANK shall submit Transactions to, and receive settlement from, American Express. MERCHANT agrees (i) BANK shall disclose Transaction Data, Merchant Data, and other information about the MERCHANT to American Express; and (ii) American Express to 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 within the parameters of the Program Agreement, and important transactional or relationship communications from American Express. MERCHANT agrees that American Express may use the information obtained in the Merchant application at the time of setup to screen and/or monitor MERCHANT in connection with Card marketing and administrative purposes. MERCHANT may opt-out of accepting Cards at any time without penalty and without directly or indirectly affecting its rights to accept Other Payment Products. MERCHANT's refund policies for purchases on the Card must be at least as favorable as its refund policy for purchase on any Other Payment Product and the refund policy be disclosed to Card Members at the time of purchase and in compliance with Applicable Law. MERCHANT must report all instances of a Data Incident immediately to BANK. MERCHANT must cease all use of and remove American Express Licensed Marks from the MERCHANT's website and wherever else they are displayed upon termination of the Merchant Agreement or a MERCHANT's participation in the Program.

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