American Express Sample Clauses

American Express. The following terms apply only to your American Express Program (see the American Express merchant requirements for capitalized terms). i. You authorize us to exchange transaction and settlement information with American Express on your behalf. ii. You agree to comply with the American Express Program terms provided in the Rules Summary, and the American Express Merchant Operating Guide, which can be located at xxxx://xxx.xxxxxxxxxxxxxxx.xxx/merchantopguide and is incorporated herein by reference. iii. We may disclose Transaction Data, Merchant Data, and other information about you to American Express. American Express may use the disclosed information for any lawful business purpose. iv. In the event your Charge Volume exceeds (1) $1,000,000 in a rolling twelve month period, or (2) $1,000,000 in any three consecutive months (“High CV Merchant”), American Express may convert you to a direct Card acceptance relationship. Upon conversion, you will be bound by American Express’ then-current Card Acceptance Agreement and corresponding pricing and fees. v. You shall only sell bona fide goods and services at your establishment(s). Your Card transactions shall be free of liens, claims, and encumbrances, other than ordinary Card tax. Additionally, you shall not assign any payments you are due under the Agreement to a third party. However, you may sell and assign future transaction receivables to us or our affiliated entities and/or any other cash advance funding source we (or our affiliates) partner with. vi. This Agreement confers third party beneficiary rights in American Express for enforcing terms against you. It imposes no obligations on American Express. vii. You may opt out of accepting American Express Cards in writing without affecting your rights to accept other payment products. viii. We may terminate your right to accept American Express Cards if: (i) you breach the Agreement; (ii) American Express instructs us to do so; or (iii) you engage in fraudulent or any other activity justifying termination. ix. You may not bill or collect from any American Express cardholder for any purchase or payment on the Card unless chargeback has been exercised, you have fully paid for the charge, and you otherwise have the right to do so. x. You agree to remove any American Express Licensed Marks from your website or any other location when your participation in the Program ends. xi. If you do not participate in the American Express Program or EA Program, we will have n...

American Express. Financial Advisors agrees that, except as otherwise provided in this agreement, or as may be permitted consistent with the use of a broker-dealer affiliate of American Express Financial Advisors under applicable provisions of the federal securities laws, neither it nor any of its officers, directors or employees shall at any time during the period of this agreement make, accept or receive, directly or indirectly, any fees, profits or emoluments of any character in connection with the purchase or sale of securities (except securities issued by the Fund) or other assets by or for the Fund.

American Express. Financial Advisors or its agents may prepare or cause to be prepared from time to time circulars, sales literature, broadcast material, publicity data and other advertising material to be used in the sales of shares issued by the Fund, including material which may be deemed to be a prospectus under rules promulgated by the Securities and Exchange Commission (each separate promotional piece is referred to as an "Item of Soliciting Material"). At its option, American Express Financial Advisors may submit any Item of Soliciting Material to the Fund for its prior approval. Unless a particular Item of Soliciting Material is approved in writing by the Fund prior to its use, American Express Financial Advisors agrees to indemnify the Fund and its directors and officers against any and all claims, demands, liabilities and expenses which the Fund or such persons may incur arising out of or based upon the use of any Item of Soliciting Material. The term "expenses" includes amounts paid in satisfaction of judgments or in settlements. The foregoing right of indemnification shall be in addition to any other rights to which the Fund or any director or officer may be entitled as a matter of law. Notwithstanding the foregoing, such indemnification shall not be deemed to abrogate or diminish in any way any right or claim American Express Financial Advisors may have against the Fund or its officers or directors in connection with the Fund's registration statement, prospectus, Statement of Additional Information or other information furnished by or caused to be furnished by the Fund.

American Express. The provisions of Exhibit 2 shall apply with respect to all transactions involving American Express and US-based Merchants.

American Express. Additional terms and conditions applicable only to Merchants with American Express Card acceptance. 7.1. The following terms and conditions apply to Xxxxxxxx’s participation in the American Express OptBlueSM Program (the “Program”). Xxxxxxxx’s participation in American Express Card Acceptance is subject to the approval of American Express. All capitalized terms under this Part Two that are not defined in this Agreement shall be given the definition assigned by American Express. For the purposes of this Part Two, any conflict between defined terms and those terms defined by American Express, the definition by American Express shall control.

American Express. Capitalized terms in this Section are defined in the American Express Merchant Requirements. The following will only apply to User’s participation in the American Express Program. These terms must be duly executed by an authorized representative who has authority to bind User. User must operate in a manner consistent with the American Express Brand and all Applicable Laws, and must comply with the following provisions: (a) User must comply with the policies and rules set forth in the American Express Program Operating Regulations. (b) User is prohibited from transferring financial liability by asking or requiring Card Members to waive their disputes rights. (c) User shall only submit Transactions if located within the United States, but not Puerto Rico, the U.S. Virgin Islands, or any other U.S. territory or possession. (d) User must provide the names of its actual and beneficial owner(s) in accordance with the Merchant Data requirements in Section 5.4 of the American Express Program Operating Regulations. (e) User must comply with the Program Merchant Data Security Requirements and PCI DSS, each as described in Chapter 15, “Data Security” of the American Express Program Operating Regulations. (f) User must report all instances of a Security Breach immediately to Autobooks, and in no case later than twenty four (24) hours after discovery of the incident. (g) User must remove American Express Licensed Marks from its website and wherever else they are displayed upon termination of this Exhibit E or User’s participation in the Program. (h) American Express may use the information obtained in the Merchant Application at the time of setup to screen and/or monitor User in connection with Card marketing and administrative purposes. (i) User acknowledges that it may be converted from the Program to a direct Card acceptance relationship with American Express if and when it becomes a High CV PSP. User expressly agrees that, upon conversion, (a) User will be bound by American Express’ then-current Card Acceptance Agreement; and (b) American Express will set pricing and other fees payable by User for Card acceptance

American Express. If Merchant has entered into a direct agreement with American Express for the authorization, capture, and settlement of transactions, Merchant shall provide its credentials and account number to Processor and Processor will use reasonable efforts to route such transactions to American Express; provided, however, that Merchant’s agreement with American Express will control such relationship and Processor will have no responsibility or liability for the authorization, capture, settlement, or other processing of any American Express transactions. If Merchant is eligible to participate in Processor’s direct processing of American Express OptBlue Program, the requirements (set forth in the American Express Merchant Operating Guide) will apply to this agreement; in this program Merchant is referred to as Program Merchant of the American Express OptBlue program. Merchant grants Processor authorization to submit American Express Card transactions to, and receive settlement from, American Express on their behalf within the Processor’s direct American Express program.

American Express. Financial Advisors and the Corporation agree to use their best efforts to conform with all applicable state and federal laws and regulations relating to any rights or obligations under the term of this agreement.

American Express. This section applies only if Merchant elects to accept American Express Cards. If there is a conflict between this section and any other section of this Agreement as it applies to American Express Cards, then this section governs.

American Express. Upon Merchant’s request, Bank will provide authorization and/or data capture service, for American Express transactions. By signing this Merchant Agreement, and selecting American Express acceptance on the Merchant Application, Merchant agrees to abide by the terms and conditions of American Express. Neither Bank nor NMS is responsible for funding such transactions and Merchant understands that funding of such transactions is done by American Express and may generally take longer than Visa and MasterCard transactions. Initial setup fees and separate credit approval may apply.