Common use of Appendix B Amendments Clause in Contracts

Appendix B Amendments. 7. As a condition precedent to the use of the Contract by an Authorized User, the Authorized User shall agree to the following requirements: Authorized User agrees to comply with and be bound by, and to cause any third-party who provides Authorized User with services related to payment processing or facilitates Authorized User’s ability to accept credit cards online/offline Debit Cards, ACH payment services (e.g., eCheck, ACH debit, ACH credit), and other future forms of electronic payment processing services and who is not a party to this Contract to comply with and be bound by, the rules and regulations of Visa, MasterCard, Discover and any other Card Association or network organization related to cardholder and transaction information security, including without limitation, all rules and regulations imposed by the Payment Card Industry (PCI) Security Standards Council including without limitation the PCI Data Security Standard, Visa’s Cardholder Information Security Program, MasterCard’s Site Data Protection Program, and Payment Application Best Practices. Authorized User agrees to cooperate with a request for an audit or investigation by Contractor, bank, Payment Processor, Card Association or network organization in connection with cardholder and transaction information security. Contractor shall have the right to periodically audit, no more than annually, at Contractor’s expense, PCI compliance of the Authorized User providing: (i) Contractor gives Authorized User at least thirty (30) days advance written notice, (ii) such audit is conducted during such party’s normal business hours, (iii) the audit is conducted by an independent auditor chosen on mutual agreement of the parties. Without limiting the generality of the foregoing, Authorized User agrees that it will use information obtained from a cardholder in connection with a card transaction solely for the purpose of processing a transaction with that cardholder or attempting to re-present a chargeback with respect to such transaction.