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Rev. 2024-08-06 pg. 2
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<br />Cards shall mean MasterCard, VISA, Discover, American Express and Other Network cards,
<br />account numbers assigned to a Cardholder or other methods of payment accepted by Processor on
<br />behalf of Provider, for which pricing is set forth in the Application.
<br />Data Incident shall mean any alleged or actual compromise, unauthorized access, disclosure, theft,
<br />or unauthorized use of Card or Cardholder information, regardless of cause, including without
<br />limitation, a breach of or intrusion into any system, or failure, malfunction, inadequacy, or error
<br />affecting any server, wherever located, or hardware or software of any system, through which Card
<br />information resides, passes through, and/or could have been compromised.
<br />Discover shall mean Discover Financial Services, LLC.
<br />Event of Default shall mean each event listed in Section 7 below.
<br />Float Event shall mean a circumstance where Provider or Processor, for whatever reason, advances
<br />settlement or any amounts and/or delays the assessment of any fees.
<br />Force Majeure Event shall mean, labor disputes, fire, weather or other casualty, power outages,
<br />and funding delays, however caused, governmental orders or regulations, or any other cause,
<br />whether similar or dissimilar to the foregoing, beyond a party’s reasonable control.
<br />Initial Term shall mean a two (2) year period beginning on the date Provider processes the first
<br />transaction for Sub-merchant.
<br />MasterCard shall mean MasterCard International, Inc.
<br />Member Bank shall mean a member of VISA, MasterCard and/or Other Networks, as applicable,
<br />that provides sponsorship services in connection with this Agreement.
<br />Merchant Supplier shall mean a third party other than Processor used by Provider or Sub-merchant
<br />in connection with the Services received hereunder, including but not limited to, Sub-merchant’s
<br />software providers, equipment providers, and/or third party processors.
<br />Operating Regulations means the by-laws, operating regulations and/or all other rules, guidelines,
<br />policies and procedures of VISA, MasterCard, Discover, American Express and/or Other
<br />Networks, and all other applicable rules, regulations and requirements of Processor, Member
<br />Bank, providers, banks, institutions, organizations, associations, or networks which govern or
<br />affect any services provided under this Agreement, and all state and federal laws, rules and
<br />regulations which govern or otherwise affect the activities of Sub-merchant, including, but not
<br />limited to, those of the National Automated Clearing House Association (“NACHA”) and the
<br />Federal Trade Commission (“FTC”), as any or all of the foregoing may be amended and in effect
<br />from time to time.
<br />Other Network shall mean any network or card association other than VISA, MasterCard, Discover
<br />or American Express that is identified in the Application or any subsequent amendment to this
<br />Agreement and in which Sub-merchant participates hereunder.
<br />Payments shall mean payments initiated by Cardholders using a Card or by means of an ACH
<br />transfer.
<br />Payor shall mean any customer of Sub-merchant who authorizes a payment to Sub-merchant.
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