Common use of Use of Third Party Terminals and/or Software Clause in Contracts

Use of Third Party Terminals and/or Software. If Merchant elects to use the terminal of a third party provider of software (such as POS or Accounting System vendors) to capture and transmit to Processor or Member Bank, Merchant will assume full responsibility and liability for any failure of such third party provider to comply with the Rules. The third party provider is the source for information regarding authorizations and reversals that may be needed by Processor or Member Bank. Certain reversals require authorization information to reverse. Merchant is responsible for obtaining this information from the third party provider. Processor and Member Bank are not liable for sales that were not received by them. In addition, Processor will not be liable for third party software or clearing of Association transactions. THE FOLLOWING RULES APPLY ONLY IF PROCESSOR SETTLES MERCHANT’S DISCOVER NETWORK CARD TRANSACTIONS 1. Discover Network Marks.