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Company Agreement
<br />Company Representations and Certifications. By signing below, the
<br />applicant company("Company") and its representative(s) represent and
<br />warrant to Elavon, Inc. f Elavon" or "Member' as applicable), with
<br />offices at 7300 Chapman Highway, Knoxville, TN 37920 (collectively,
<br />"we" or "us") that (i) all information provided in this company application
<br />("Company Application") is true and complete and properly reflects the
<br />business, financial condition, and principal partners, owners, or officers
<br />of Company; and (ii) the persons signing this Company Application are
<br />duly authorized to bind Company to all provisions of this Company
<br />Application and the Agreement. Further, by signing below, Company
<br />and its representative(s) agree that Company is subject to the terms
<br />and conditions set forth in the Terms of Service ("TOS"), including
<br />when leasing equipment, and has had an opportunity to review such
<br />terms. The TOS contains a mandatory and binding arbitration provision
<br />that affects Company's legal rights and should be reviewed pdor to
<br />signing his document*.
<br />The signature by an authorized representative of Company on the
<br />Company Application, or the transmission of a Transaction Receipt or
<br />other evidence of a Transaction to us, shall be the Company's
<br />acceptance of and agreement to the terms and conditions contained in
<br />the Agreement including, without limitation, this Company Application,
<br />the TOS and the Operating Guide incorporated herein by this
<br />reference and located at our website at
<br />httos:/hv".merchantconnect.com/CWRWeb/ dfD fTOS ENG.odf and
<br />and hops:/Avww.morchantconnect.com/CWRWeb/pdf/MOG Eng.pdf ,
<br />respectively. If Company does not have access to view the TOS or
<br />Operating Guide at our website please contact our customer service
<br />center to obtain a copy and review prior to signing this document.
<br />Notwithstanding any non -receipt of the TOS or Operating Guide,
<br />Company agrees to comply with the Agreement, and all applicable
<br />laws, rules, and regulations including the rules and regulations of the
<br />Payment Networks, and understands that failure to comply will result in
<br />termination of processing services. Capitalized terms shall, unless
<br />otherwise defined in this Company Application, have the same
<br />meaning ascribed to them in the TOS and Operating Guide.
<br />IMPORTANT INFORMATION ABOUT PROCEDURES FOR
<br />OPENING A NEW ACCOUNT. To help the government fight the
<br />funding of terrorism and money laundering activities, Federal law
<br />requires all financial institutions to obtain, verify, and record information
<br />that identifies each person who opens an account. This means we will
<br />ask for certain information and identifying documents to allow us to
<br />identify you. Company and its representative(s) authorize us prior to
<br />our acceptance of this Company Application and from time to time
<br />thereafter, to investigate the individual and business history and
<br />background of Company, each such representative and any other
<br />officers, partners, proprietors, and/or owners of Company, and to
<br />obtain credit reports or other background investigation reports on each
<br />of them that we consider necessary to review the acceptance and
<br />continuation of this Company Application. Company also authorizes
<br />any person or credit reporting agency to compile information to answer
<br />those credit inquiries and to furnish that information to us.
<br />If leasing equipment, Company agrees to pay "Lessor' an annual fee in
<br />an amount not to exceed $50.00 for the administration, billing and
<br />tracking of certain taxes and charges related to the Leased Equipment.
<br />Company understands that if proof of insurance is not provided, an
<br />additional monthly amount will be charged to cover insurance, that
<br />leasing equipment may be more expensive than purchasing the same
<br />equipment outright. Company understands the lease is a
<br />NONCANCELLABLE and IRREVOCABLE commercial equipment
<br />lease and will be required to make all monthly payments disclosed and
<br />described herein.
<br />Company understands that an authorization code is not a guarantee of
<br />acceptance or payment of a Transaction. Receipt of an authorization
<br />code does not mean that company will not receive a Chargeback for
<br />that Transaction.
<br />All companies must comply with the requirements of the Payment Card
<br />Industry Data Security Standards ("PCI DSS"). Elavon requires Level 4
<br />companies (determined based on Transaction volume) to validate PCI
<br />DSS compliance on an annual basis, with initial validation to occur no
<br />later than ninety (90) days after account approval. Any company that
<br />has not validated PCI DSS compliance within ninety (90) days of
<br />account approval, or in subsequent years on or before the anniversary
<br />date of account approval, will be charged a monthly non-compliance
<br />fee of $59.99 until Elavon is provided with validation of compliance.
<br />Company may be eligible for Data Breach Coverage following account
<br />approval and PCI DSS compliance validation. See the PCI Compliance
<br />Program Overview for coverage details and conditions.
<br />Under penalties of pedury, Company certifies that:
<br />1. The number shown on this Company Application is my correct
<br />taxpayer identification number (or I am waiting for a number to be
<br />issued to me), and
<br />2. 1 am not subject to backup withholding because: (a) I am
<br />exempt from backup withholding, or (b) I have not been notified
<br />by the Internal Revenue Service (IRS) that I am subject to backup
<br />withholding as a result of a failure to report all interest or
<br />dividends, or (c) the IRS has notified me that I am no longer
<br />subject to backup withholding, and
<br />3. 1 am a U.S. citizen or other U.S. person.**
<br />4. The FATCA code(s) entered on this form (if any) indicating I am
<br />exempt from FATCA reporting is correct.
<br />American Express OptBlue Program - If Company has elected to
<br />accept American Express® Transactions (as indicated in Section 4 of
<br />this Company Application), in addition to all other terms of this
<br />Agreement, Company agrees to the provisions set forth in Section E
<br />(OptBlue Program) of the TOS. By signing below or by accepting a
<br />Transaction initiated with an American Express® Payment Device,
<br />Company expressly authorizes Elavon to submit American Express®
<br />Transactions to, and to receive settlement funds from, American
<br />Express on Company's behalf. Company further authorizes Elavon to
<br />provide Company's contact information to American Express, and
<br />Company agrees that American Express may use and share such
<br />contact information for its business purposes and as permitted by
<br />applicable Laws, including to communicate with Company regarding
<br />products, services, and resources available to Company's business.
<br />American Express's use of the email address and mobile phone
<br />number provided above is subject to the consent to such use as
<br />indicated in Section 1 of this Company Application. Consent to
<br />American Express's use of contact information for such
<br />communications may be withdrawn at any time by contacting our
<br />customer service center. Even if consent is withdrawn, Company may
<br />still receive messages related to important information about
<br />Company's account from American Express. Company or Elavon may
<br />terminate Company's acceptance of American Express® Payment
<br />Devices at any time, with or without cause, without affecting
<br />Company's rights and obligations pursuant to the remainder of this
<br />Agreement. Company acknowledges that, if at any time Company is no
<br />longer qualified to participate in the OptBlue Program, Company may
<br />be enrolled in the standard American Express® card acceptance
<br />program, which may have different terms and conditions than the
<br />OptBlue Program, and Company's acceptance of American Express®
<br />Payment Devices pursuant to this Agreement will be terminated.
<br />Company acknowledges that American Express is an intended
<br />third -party beneficiary of this Agreement, solely with respect to the
<br />terms and conditions applicable to Company's acceptance of American
<br />Express® Payment Devices, and that American Express has the right
<br />to enforce such terms and conditions directly against Company.
<br />rMbank ElaVo''n)
<br />A U.S. Bancorp Company
<br />Document Version: 158446-01 EC-805B-OA52-EBDF-8F9B-2533-214A-1 E50 generated on 04/25/2018 10:52:29
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