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Rev. 2024-08-06 pg. 18 <br /> <br />25.9. American Express has third-party beneficiary rights, but not obligations, to this <br />Agreement that will fully provide American Express with the ability to enforce the terms of the <br />Agreement against the Sub-merchant. <br />25.10. Sub-merchant may opt out of accepting Cards at any time without directly or indirectly <br />affecting its rights to accept Other Payment Products. <br />25.11. Provider may terminate Sub-merchant's right to accept Cards if it breaches any of the <br />provisions in this Section or the American Express Merchant Operating Guide. <br />25.12. Provider has the right to immediately terminate a Sub-merchant for cause or fraudulent <br />or other activity, or upon American Express' request. <br />25.13. Sub-merchant's refund policies for purchases on the Card must be at least as favorable <br />as its refund policy for purchases on any Other Payment Products, and the refund policy be <br />disclosed to Cardmembers at the time of purchase and in compliance with Applicable Law. <br />25.14. Sub-merchant is prohibited from billing or collecting from any Cardmember for any <br />purchase or payment on the Card unless Chargeback has been exercised, the Sub-merchant has <br />fully paid for such Charge, and it otherwise has the right to do so. <br />25.15. Sub-merchant shall comply with all Applicable Laws, rules and regulations relating to <br />the conduct of the Sub-merchant's business. <br />25.16. Sub-merchant must comply with the DSR and PCI DSS, each as described in Chapter <br />15, "Data Security". <br />25.17. Sub-merchant must report all instances of a Data Incident immediately to Provider after <br />discovery of the incident. <br />25.18. Sub-merchant shall cease all use of, and remove American Express Licensed Marks <br />from the Sub-merchant's website and wherever else they are displayed upon termination of the <br />Agreement or Sub-merchant's participation in the Program. <br />25.19. Sub-merchant shall ensure data quality and that Transaction Data and customer <br />information is processed promptly, accurately and completely, and complies with the American <br />Express Technical Specifications. <br />25.20. Sub-merchant is responsible for being aware of and adhering to privacy and data <br />protection laws and provide specific and adequate disclosures to Cardmembers of collection, use, <br />and processing of personal data. <br /> <br />Signature Page Follows <br />