Terms and Conditions

Schedule V – Discover and American Express OptBlue

1. Discover: We have no liability for not processing or settling a retained Discover merchant’s Discover Cards (as defined by Discover).
2. American Express: The following terms apply only to your participation as a Program Merchant in the American Express OptBlue Program (“American Express Card Acceptance”). All capitalized terms under this Schedule VI that are not defined in this Agreement shall be given the definition set forth by American Express). You agree to comply with (i) all Applicable Laws, rules and regulations relating to your conduct under American Express Card Acceptance, and (ii) the American Express Merchant Operating Guide, which is incorporated herein by reference and found at americanexpress.com/merchantopguide.
   

   1. You authorize us to submit Transactions to and receive settlement from American Express on your behalf.

   2. We may (i) collect and disclose Transaction Data, Merchant Data, and other information about you to American Express. American Express may use such information to perform its responsibilities in connection with American Express Card Acceptance, promote the American Express Network, perform analytics and create reports, and for any other lawful business purpose, including commercial marketing communications purposes within the parameters of American Express Card Acceptance, and important transactional or relationship communications from American Express. American Express may use the information obtained in the American Express Card Acceptance application at the time of setup to screen and/or monitor you in connection with Card marketing and administrative purposes

   3. You may opt out of receiving future commercial marketing communications from American Express by contacting us.

      Please contact us to opt out of receiving future commercial marketing communications from American Express.

      Note: You may continue receiving marketing communications while American Express updates it records to reflect your choice. Opting out of commercial marketing communications will not preclude you from receiving important transactional or relationship messages from American Express.

   4. In the event your Charge Volume exceeds (1) $1,000,000 in a rolling twelve-month period, or (2) $1,000,000 in any three consecutive months (High CV Merchant), American Express may convert you to a direct Card acceptance relationship. Upon conversion, you will be bound by American Express’ then­ current Card Acceptance Agreement and corresponding pricing and fees.

   5. You shall not assign to any third party any payments due to you under this Agreement, and all indebtedness arising from Charges will be for bona fide goods and services (or both) at your establishment(s) and shall be free of liens, claims, and encumbrances, other than ordinary Card tax. However, you may sell and assign future transaction receivables to us or our affiliated entities and/or any other cash advance funding source we (or our affiliates) partner with.

   6. This Agreement confers third party beneficiary rights in American Express for enforcing terms against It imposes no obligations on American Express
   7. You may opt out of accepting American Express Cards in writing without penalty and without directly or indirectly affecting your rights to accept other payment products.

   8. We may immediately terminate your right to accept American Express Cards if: (i) you breach any provision of this Section 16 ; (ii) American Express instructs us to do so; (iii) you engage in fraudulent or any other activity justifying termination; or (iv) you breach any provision of the American Express Merchant Operating Guide.

   9. Your refund policies for purchases on the Card must be at least as favorable as your refund policies for purchases on any Other Payment Products, at the refund policy must be disclosed to the Cardmember at the time of purchase and in compliance with Applicable Law. You may not bill or collect from any Cardholder for any purchase or payment on the Card unless Chargeback has been exercised, you have fully paid for the Charge, and you otherwise have the right to do so.

   10. You agree to remove any American Express Licensed Marks from your website wherever else they are displayed upon termination of your participation in the American Express Card Acceptance.

   11. You must comply with the American Express Data Security Requirements (DSR) and Payment Card Industry Data Security Standards (PCI DSS). In the event you become aware of any Data incident, you must report such immediately to us after discovering of the incident.

   12. You must ensure data quality and that Transaction Data and customer information is processed promptly, accurately and completely, and complies with the American Express Technical Specifications. You are responsible for being aware of and adhering to privacy and data protection laws and provide specific and adequate disclosures to Cardmembers of collection, use, and processing of personal data.

   13. A Network Fee of 30 basis points (0.30%) will be assessed on all American Express transactions. If you do not participate in the American Express Card Acceptance program, we will have no liability for not processing or settling your American Express transactions. Further, American Express cards will not be included in the definition of Card.