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Reseller Agreement

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User Agreement: Reseller Sales Referral Agreement Cardservice Intl is a registered Member Service Provider and an Independent Sales Organization as defined by MasterCard International Incorporated (MasterCard) Rules and Visa U.S.A. Inc. (Visa) Operating Regulations respectively, for certain FDIC Insured banks. Cardservice Intl provides acquiring services in this capacity, as permitted by law and MasterCard and Visa rules and regulations. The parties agree as follows: 1.00. Obligations of the Parties 1.01. Reseller Obligations. Reseller assumes the following obligations: A. Reseller will designate ISO as the exclusive Merchant Bankcard Service Provider and Reseller shall reasonably promote this designation to its customers. The term reasonably promote shall include, but not be limited to, using this designation in all of Resellers Web sites. B. Reseller shall also publicize ISOs status as the exclusive Merchant Bankcard Service Provider in its marketing materials and newsletters whether in written or digital format. C. Reseller shall publicize this partnership with a press release within thirty (30) days of the execution of this Agreement. 1.02. ISOs Obligations. ISO assumes the following obligations: A. ISO will provide Reseller with direct access via telephone and email to the ISOs support team personnel, and will make reasonable efforts to promptly respond to inquiries and resolve all issues in a timely manner. B. ISO shall provide a Reseller branded sign-up page that automatically registers the Reseller ID as the referral source. C. ISO shall work with Reseller to provide special pricing to its customers within reason. 1.03. ISOs Approval of Merchants. In order for ISO to approve certain high-risk merchants, ISO may, at its sole discretion, require security deposits. Approved accounts will be assigned merchant and terminal identifications within two business days of approval at which time their accounts will be activated. ISO shall apply its normal criteria for approving or disapproving merchant accounts. 2.00. Payments 2.01. Payments. As long as there has not been a 6 month lapse in referred business, ISO shall pay Reseller a one time payment of $30.00 for each referred account. ISO shall pay Reseller a ongoing monthly 20% GPR for each referred merchant account that is open, not in Collections and that paid the required Customer Support Fee, and Gateway fee (if applicable). Residual will be paid as long as reseller is actively referring business over. Reseller will receive detailed supporting documentation with each months payments, this documentation will include a report on all merchant activity written on the referral program , as well as any applications that are pending or are in collections at that time. 3.00. Liability 3.01. ISOs Responsibility. Each referred merchant shall contract directly with ISO and its acquiring bank for bankcard processing services. Reseller shall not be liable for any damages, losses or liabilities whatsoever in relation to any referred merchant's account with ISO and its acquiring bank. 3.02. Indemnification. ISO shall indemnify and hold Reseller harmless from any demands, liabilities or losses, including attorneys fees, arising out of transactions processed on a referred merchant's account with ISO and its acquiring bank. 3.03. No Warranties by Reseller. Reseller makes no express or implied representation or warranty with respect to any referred merchants credit worthiness, the nature of the merchants business or otherwise. Reseller shall assume no future credit risk with respect to any referred merchant with whom ISO contracts. On the contrary, ISO and its acquiring bank, without reliance on Reseller shall make an independent investigation regarding the acceptance or declination of a referred merchant. 3.04. Authenticity of Reseller Documents. Reseller makes no representation and assumes no liability concerning the authenticity, validity, accuracy or completeness of any document or instrument provided by any potential merchant. 4.00. Term 4.01. Length of Agreement. This Agreement shall be effective for a period of three years from the date it is entered into. 4.02. Renewal. This Agreement shall be automatically renewed for successive one year terms unless one party gives written notice of termination to the other party at least thirty days prior to the effective renewal date. 4.03. Termination for Cause. Upon a ninety day written notice any party may terminate this Agreement for cause. "For cause" means any material breach of the terms of this Agreement. 5.00. General Provisions 5.01. Assignment. No party to this Agreement may assign it without the prior written consent of the other. 5.02. Confidentiality. This Agreement and its terms and conditions shall remain confidential between Reseller and ISO. Each party agrees that it shall maintain the information arising from this Agreement in the strictest confidence and shall not disclose such information to any third party. 5.03. Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the first day after transmission if sent by facsimile transmission, or on the third day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid and properly addressed as follows: 5.04. Inspection of Records. Reseller shall have the right to inspect records of any referred merchant who has been approved and installed by ISO. The records subject to inspection are limited to those records necessary to confirm the accuracy of ISO commission and/or residual payments to Reseller. The inspection shall take place during normal business hours at the premises of ISO. 5.05. Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter that is contained herein. It supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of No waiver shall be binding unless executed in writing by the party making the waiver. 5.06. Force Majeure. If either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected partys performance shall be excused and the time of performance shall be extended for the period of the delay or inability to perform due to such occurrence. 5.07. Severability. To the extent that any provision of this Agreement conflicts with governing law or any provision is held to be null, void, or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants, and restrictions of this Agreement will remain in full force and effect. 5.08. No Third-Party Beneficiaries. The parties do not intend for any Merchants or other third parties to be third-party beneficiaries of this Agreement. 5.09. Relationship of Parties. ISO and Reseller are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between ISO and Reseller. Neither party has authority to enter into agreements of any kind on behalf of the other. 5.10. Law and Venue. This Agreement shall be construed in accordance with, and governed by, Utah law as applied to contracts that are executed and performed entirely in Utah but excluding laws that direct the application of another jurisdictions laws. The parties agree that any suit, action, or proceeding arising out of or relating to this Agreement, or the interpretation, performance or breach of this Agreement, shall be instituted in any court of the State of Utah located in Utah County. Each party irrevocably submits to the jurisdiction of those courts and waives all objections to jurisdiction or venue that it may have under the laws of the State of Utah or otherwise in those courts in any suit, action, or proceeding. The parties expressly stipulate, consent to and agree that the specific geographic location as the place of performance of this Agreement, in its county of Utah in the State of Utah.

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The FIRST DATA name, trademark and logo are owned by First Data Corporation. All other trademarks, service marks and trade names referenced in this material are the property of their respective owners. The First Data Independent Sales Agent Program is operated by Cardservice International, LLC. Cardservice International, doing business as First Data Independent Sales (FDIS), is a registered ISO/MSP of Wells Fargo Bank, N.A., Walnut Creek, CA. American Express requires separate approval. FDIS Agent #16560 is an independent agent for Cardservice International.
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