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<br />Benefits in more than one State pursuant hereto, then the reference shall mean each such State severally, not jointly.
<br />29. DISCOVER PROGRAM MARKS.
<br />Merchant is hereby granted a limited non-exclusive, non-transferable license to use Discover brands, emblems, trademarks, and/or
<br />logos that identify Discover cards ("Discover Program Marks"). Merchant is prohibited from using the Discover Program Marks other
<br />than as expressly authorized in writing by Global Direct. Merchant shall not use the Discover Program Marks other than to display
<br />decals, signage, advertising and other forms depicting the Discover Program Marks that are provided to Merchant by Global Direct
<br />pursuant to this Card Services Agreement or otherwise approved in advance in writing by Global Direct. Merchant may use the
<br />Discover Program Marks only to promote the services covered by the Discover Program Marks by using them on decals, indoor and
<br />outdoor signs, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by
<br />Global Direct in writing. Merchant shall not use the Discover Program Marks in such a way that customers could believe that the
<br />products or services offered by Merchant are sponsored or guaranteed by the owners of the Discover Program Marks. Merchant
<br />recognizes that it has no ownership rights in the Discover Program Marks and shall not assign to any third party any of the rights to use
<br />the Discover Program Marks.
<br />30. NON-QUALIFIED SURCHARGES/CROSS-BORDER FEES.
<br />Merchant pricing appears in the Card Services Fee Schedule of the Merchant Application. T&E merchants (airline, car rental, cruise line,
<br />fast food, lodging, restaurant, travel agent, transportation) may have separate rates quoted for consumer and commercial (business)
<br />transactions. Transactions that do not clear as priced are subject to non-qualified surcharges (NOS) that are billed back to you on your
<br />monthly statement. The most predominant market sectors and applicable non-qualified surcharge rates appear below. Certain npn-
<br />qualified surcharges can be avoided by using a product that supports authorization and market data requirements established by the
<br />card associations and that are subject to change from time to time. Some non-qualified surcharges occur on specific types of cards
<br />(inGuding without limitation Visa Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, MasterCard
<br />Rewards Card, MasterCard World Card, MasterCard World Elite Card, Discover Rewards Card, commercial cards (i.e., business cards,
<br />corporate cards, fleet cards, GSA cards, purchase cards) and "foreign" cards issued outside the United States). The card associations
<br />require that information from the original authorization, including a lifecycle identifier, be retained and returned with subsequent
<br />authorizations and/or the settled transaction data. The card associations validate this information as part of the clearing and settlement
<br />process. If authorization data is not retained and returned at settlement, then the transaction will not clear as priced and will incur NQS.
<br />For more information concerning NOS and to view market data, you may wish to check the Global Direct website
<br />(www.globalpaymentsinc.com) for best practices information and to license Global Access @dvantage (GA@) for transaction detail
<br />review.
<br />The items listed in this Section 30 are not and are not intended to be a comprehensive list of all instances in which non-qualified
<br />surcharges may apply. Non-qualified surcharges may apply in additional situations. All non-qualified surcharges include additional fees
<br />assessed by the applicable card association and Global Direct.
<br />Merchant will also be assessed (a) Cross-Border fees and a U.S. Acquirer Support fee for international MasterCard and Maestro
<br />transactions and (b) an Intemational Service Assessment fee for international Visa transactions. These fees, which are applicable to
<br />transactions between Merchant and a MasterCard, Maestro or Visa cardholder, as applicable, outside the United States are in addition
<br />to any fees stated on the Merchant Application and will be displayed as a separate item on Merchant's monthly statement.
<br />NON-QUALIFIED SURCHARGES FOR PREDOMINANT MARKET SECTORS
<br />Retail/Restaurant Electronic Merchant
<br />If you are a Retail Merchant or a Restaurant Merchant with retail-only pricing (no Business Card Rate) and utilize a certified terminal
<br />product or electronic system for authorization and settlement through Global Direct, each consumer card transaction (including debit and
<br />check card transactions) you submit which meets all of the following requirements will be priced at the rate quoted. Each transaction not
<br />processed as outlined, inGuding without limitation all commercial and business card transactions in addition to transactions using Visa
<br />Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, MasterCard Rewards Card, MasterCard World
<br />Card, MasterCard World Elite Card and Discover Rewards Card will be priced at the rate quoted in the Merchant Application plus
<br />additional surcharges not to exceed 2.59% and $0.10.
<br />• Obtain a single electronic authorization with magnetic strip read or contactless data capture (electronic imprint) at the time of sale.
<br />• Obtain a single electronic authorization and settle for authorized amounts.
<br />• Obtain a cardholder signature (unless transaction is eligible for No Signature Required [NSR] program).
<br />• Settle and transmit batches same day via your terminal/electronic system.
<br />• The electronic authorization amount must be equal to the transaction amount on all Visa debit card transactions unless a Restaurant
<br />(MCC 5812), Fast Food (MCC 5814), Service Station (MCC 5541) or, Bar/Tavern (MCC 5513), Beauty/Barber Shop (MCC 7230), or
<br />Taxi/Limousines (MCC 4121).
<br />• The electronic authorization amount must be equal to the transaction amount on Discover retail transactions except that Taxi
<br />Limousines (MCC 4121) and Beauty/Barber Shop (MCC 7230) merchant transactions may vary up to 20%. Restaurant (MCC 5812),
<br />Fast Food (MCC 5814), Service Station (MCC 5541) or Bar/Tavern (MCC 5513) transactions may vary by more than 20% from the
<br />electronic authorization without incurring NOS.
<br />Restaurant Electronic Merchant
<br />If you are a Restaurant Merchant MCC 5812 or Fast Food Merchant MCC 5814 and utilize a certified terminal product or electronic
<br />system for authorization and settlement through Global Direct, each consumer card transaction you submit which meets all of the
<br />following requirements will be priced at the rate quoted. Each transaction not processed as outlined, in addition to transactions using
<br />Visa Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, MasterCard Rewards Card, MasterCard
<br />World Card, and MasterCard World Elite Card, Discover Rewards Card and all commercial and business cards will be priced at the rate
<br />quoted in the Merchant Application plus additional surcharges not to exceed 2.59% and $0.10.
<br />• Obtain a single electronic authorization with magnetic strip read or contactless data capture (electronic imprint) at the time of sale.
<br />Rev. 04108 MPS
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