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Rev. 2024-08-06 pg. 12 <br /> <br />merchant’s customers’ personal information or financial data, Sub-merchant’s employees, or any <br />other party associated with Sub-merchant, except to the extent such use or access is due to <br />Provider’s gross negligence or willful misconduct. Sub-merchant may not use any Card <br />information other than for the sole purpose of completing the transaction authorized by the Payor <br />for which the information was provided to Sub-merchant, or as specifically allowed by Card <br />Organization Rules, Operating Regulations, or as required by applicable law. Provider may use <br />any and all information gathered in the performance of the Services in accordance with its Privacy <br />Policy. In addition, Sub-merchant agrees that Provider may use such information for any lawful <br />purpose, including marketing and advertising. <br />12. Investigations. Sub-merchant will promptly notify Provider in the event Sub-merchant <br />becomes aware of any unusual or suspicious activity regarding its customers and will cooperate <br />with Provider, Processor, Member Bank and the Associations, as applicable, in connection with <br />any investigation of the customer’s background or activity. <br />13. Electronic Check (“eCheck”) Services. <br />13.1. In the event that Sub-merchant, pursuant to its Application, receives eCheck services <br />from Processor, the terms and conditions of this Section 13 will apply in addition to all other terms <br />and conditions of the Agreement. The terms of this Section 13 do not modify Sub-merchant’s due <br />diligence obligations, including, without limitation, Sub-merchant’s responsibility to satisfy all <br />applicable anti-money laundering (AML) laws and regulations. Without limiting the generality of <br />any other provision of the Agreement, Sub-merchant shall comply with Processor’s and Member <br />Bank’s security procedures and any other requirements, including data retention and record- <br />keeping requirements. <br />13.2. Sub-merchant will maintain a commercial transaction account (“Account”) with a <br />financial institution for the crediting and debiting of all payments and fees. Sub-merchant <br />authorizes Processor and Member Bank to initiate and make transfers to and from the Account as <br />contemplated by this Agreement. Any deficit in the Account shall be paid by Sub-merchant into <br />the Account or as may be requested, directly to Processor or Member Bank to cover any deficit. <br />Sub-merchant agrees to reimburse Provider, on demand, for any losses incurred as a result of <br />insufficient funds in the Account. Provider will instruct Sub-merchant as to what data may be <br />required by Provider to monitor the activity relative to the Account including any transfers to and <br />from the Account. <br />13.3. During the term of this Agreement and for no less than one (1) year thereafter, Sub- <br />merchant will maintain a positive balance in the Account, as defined in the Agreement at all times <br />sufficient to accommodate all funding required by this Agreement. If at any time a deficit balance <br />exists in the Account, Provider shall give Sub-merchant written notice of such deficit and Sub- <br />merchant shall have two (2) business days to cure such deficit. Without limiting Sub-merchant’s <br />obligation to fund the Account as outlined in the first sentence of this Section, Provider reserves <br />the right to require that Sub-merchant maintain a minimum balance in the Account in an amount <br />to be reasonably determined by Provider. Any fees, interest expenses or other expenses with <br />respect to the Account will be the sole responsibility of Sub-merchant and will be paid directly by <br />Sub-merchant. If Processor or Provider incurs any fees, interest expenses or other expenses with