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Rev. 2024-08-06 pg. 5 <br /> <br />unless authorized by law, redirect payments to any other party. Sub-merchant covenants that it is <br />not a third-party beneficiary under any agreement with VISA, MasterCard, Discover, American <br />Express, or any other network, however, VISA, MasterCard, Discover, American Express, or any <br />other applicable network may be a third-party beneficiary of this Agreement, and shall have the <br />rights, but not any obligation, necessary to fully enforce the terms of this Agreement against the <br />Sub-merchant. <br />3.6. Sub-merchant acknowledges and agrees that it is liable for all acts, omissions, customer <br />disputes, and other customer service-related issues. Sub-merchant acknowledges and agrees that <br />Provider, Processor and/or its Member Bank may refuse to process transactions for Sub- <br />merchant’s customers, and Sub-merchant agrees that Sub-merchant, and not Provider or Processor, <br />shall be responsible for resolving any issues, problems, or disputes pertaining to its customers. <br />3.7. Sub-merchant agrees to notify Provider, Processor or its Member Bank by a detailed <br />written communication, of any alleged breach by Provider, Processor or its Member Bank of this <br />Agreement within thirty (30) days of the date on which the alleged breach first occurred. Failure <br />to provide notice shall be deemed an acceptance by Sub-merchant and a waiver of all rights <br />pertaining to the breach. <br />3.8. Sub-merchant may set a minimum transaction amount to accept a card that provides access <br />to a credit account, under the following conditions: (i) the minimum transaction amount does not <br />differentiate between card issuers; (ii) the minimum transaction amount does not differentiate <br />between MasterCard, Visa, or any other acceptance brand; and (iii) the minimum transaction <br />amount does not exceed ten dollars (or any higher amount established by the Federal Reserve). <br />Sub-merchant may set a maximum transaction amount to accept a card that provides access to a <br />credit account, under the following conditions: Sub-merchant is a (i) department, agency or <br />instrumentality of the U.S. government; (ii) corporation owned or controlled by the U.S. <br />government: or iii) Sub-merchant whose primary business is reflected by one of the following <br />MCCs: 8220, 8244, 8249 -Schools, Trade or Vocational; and the maximum transaction amount <br />does not differentiate between MasterCard, Visa, or any other acceptance brand. <br />4. Sub-merchant Prohibitions. <br />4.1. Sale Transactions. Sub-merchant agrees that it will not take any of the following <br />Prohibited Actions and it will not permit any third party under its control to take the following <br />actions in any situation where it has knowledge of such actions: <br />4.1.1. That adds any surcharge to the transaction, except to the extent authorized by the <br />Operating Regulations or applicable law. <br />4.1.2. That adds any tax to the transaction, unless applicable law expressly allows for the <br />Sub-merchant to impose a tax. Any tax amount, if allowed, must be included in the transaction <br />amount and not collected separately. <br />4.1.3. That represents the refinancing or transfer of an existing Cardholder obligation that <br />is deemed to be uncollectible or arises from the dishonor of a Cardholder’s personal check or from <br />the acceptance of a Card at a terminal that dispenses scrip.