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Rev. 2024-08-06 pg. 17 <br /> <br />25.2. Sub-merchant acknowledges that the American Express Merchant Operating Guide is <br />incorporated by reference (available here: https://icm.aexp- <br />static.com/content/dam/gms/en_us/optblue/us-mog.pdf). <br />25.3. Sub-merchant expressly authorizes Provider to submit transactions to, and receive <br />settlement from, American Express on behalf of the Sub-merchant. <br />25.4. Sub-merchant expressly consents for (i) Provider to collect and disclose Transaction <br />Data, Sub- merchant Data, and other information about the Sub-merchant to American Express; <br />and (ii) American Express to use such information to perform its responsibilities in connection <br />with the Program, promote the American Express Network, perform analytics and create reports, <br />and for any other lawful business purposes, including commercial marketing communication <br />purposes within the parameters of the Program Agreement, and important transactional or <br />relationship communications from American Express. <br />25.5. Sub-merchant may opt-out of marketing messages by notifying Provider, however it will <br />not preclude them from receiving important transactional or relationship communications from <br />American Express. You may continue to receive marketing communications while American <br />Express updates its records to reflect your choice. Opting out of commercial marketing <br />communications will not preclude you from receiving important transactional or relationship <br />messages from American Express. <br />25.6. Sub-merchant acknowledges and agrees that it may be converted from the OptBlue <br />Program to a direct Card acceptance relationship with American Express if and when it becomes <br />a High CV Merchant in accordance with the Operating Regulations. Sub-merchant further agrees <br />that, upon conversion, (i) Sub-merchant will be bound by American Express' then-current Card <br />Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by the <br />Sub-merchant for Card acceptance. Additionally, with respect to commercial marketing <br />communications from American Express: <br />□ By checking this box, Sub-merchant opts out of receiving future commercial marketing <br />communications from American Express. <br />Note that you may continue to receive marketing communications while American Express <br />updates its records to reflect your choice. Opting out of commercial marketing communications <br />will not preclude you from receiving important transactional or relationship messages from <br />American Express. <br />25.7. Sub-merchant acknowledges that American Express may use the information obtained <br />in the Sub-merchant application at the time of setup to screen, communicate, and/or monitor Sub- <br />merchant in connection with Card marketing and administrative purposes. <br />25.8. Sub-merchant acknowledges that it may not assign to any third party any payments due <br />to it under this Agreement, and all indebtedness arising from Charges will be for bona fide sales of <br />goods and services (or both) at its Establishments and free of liens, claims, and encumbrances other <br />than ordinary sales taxes; provided, however, that the Sub-merchant may sell and assign future <br />Transaction receivables to Provider, its affiliated entities and/ or any other cash advance funding <br />source that partners with Provider or its affiliated entities, without consent of American Express.