1.1 “Applicable Law” means: (a) any U.S. federal, state, local or other law or statute, including without limitation the USA Patriot Act and the federal Bank Secrecy Act; (b) any rule or regulation, including the by-laws, operating rules, regulations and guidelines and technical standards promulgated from time to time by any Network or payment processing agent (including the rules of the National Automated Clearing House Association) as amended from time to time, or issued by a governmental authority (including courts) with jurisdiction over, as applicable, Motionsoft or Customer or their respective affiliates or contractors, with respect to the provision of the Services, including the U.S. Office of Foreign Assets Control or the Board of Governors of the Federal Reserve System pursuant to the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) as currently implemented under 12 CFR 205 (“Regulation E”); and (c) any judicial, governmental, or administrative order, judgment, decree or ruling, in each case as applicable to either Party, its affiliates or the subject matter or transactions contemplated by this Agreement.
1.2 “Business Day” means any day except Saturdays, Sundays and United States federal holidays.
1.3 “Chargeback” means a reversal of a credit card payment in which the credit card issuer or credit card payment provider: (a) credits the amounts charged to the credit card account of a Member in connection with MosoPay, after the Member successfully disputes the Transaction; and/or (b) deducts such amounts from the account established with the credit card issuer or credit card payment provider for the benefit of Customer, regardless of whether the credit is processed with consent.
1.4 “Customer Deposit Account” means the demand deposit account of Customer maintained at a financial institution located in the United States that is designated by Customer and reasonably acceptable to Motionsoft for receipt of funds from the processing of Transactions through the Automated Clearing House network.
1.5 “Customer Services” means services provided by Customer to Members generally in the course of Member’s business.
1.6 “Disputes” means any disagreements, litigation, or other disputes between Customer and a Member or between Customer and a third party arising from the use of MosoPay.
1.7 “Member Account” means the credit card account, debit card account, bank account, or other payment instrument that a Member uses to pay Customer for a Transaction.
1.8 “MosoPay” means the services by which Motionsoft directly or through a third party processes payments on behalf of Customer.
1.9 “Motionsoft Fees” means, to the extent set forth on an Order Form: (a) on a daily basis in arrears, Discount Fees (except for those fees which are only billed monthly) and Transaction Fee; and (b) on the final day of each month, in addition to the fees in (a), the Monthly Fees, Return and/or Decline Fees, Discount Fees that are billed at the end of each month (including cross-border fees), fees for Chargebacks, and if the amounts paid to date in such month are less than the Monthly Minimum, the difference to meet such minimum.
1.10 “Network” means an organization or association that operates links to enable the interchange or the processing of electronic fund transfers among the participants in the organization.
1.11 “Transaction” means the processing of a payment through MosoPay that results in the debiting or charging to a Member Account of the monetary amount billed to Member and the issuance of funds to the Customer Deposit Account.
2.1 Description. Customer acknowledges and agrees that: (a) any transactions are between Customer and the Member and not with Motionsoft; (b) Motionsoft is a third-party service provider and payment processor facilitating Transactions for Customer and is not a party to any Transaction; (c) Motionsoft is not a buyer or a seller in connection with any Transaction; and (d) Motionsoft will not be responsible for and does not control any aspect of the services provided by Customer. This means that Motionsoft originates, relays, collects, analyzes and relays information generated in connection with these payments. Motionsoft will process the Transaction on behalf of Customer through the appropriate Network, including without limitation credit card or debit card networks, and deposit the funds with Customer. Customer understands that all Transactions and MosoPay will be subject to Applicable Laws. Motionsoft may suspend and/or terminate MosoPay if Customer does not comply with the applicable standards set by Motionsoft or its service providers.
2.2 Our Role. As a Customer payment processor, Motionsoft must enter into agreements with Networks, other processors and banks. These third parties require that some Motionsoft users enter into an agreement with Motionsoft’s payment processor of record. If Customer is such a user, Motionsoft will provide Customer a separate agreement that Customer must complete in order to use MosoPay. This may happen during the registration process or at some other time. If Customer fails to complete such agreement, Motionsoft may terminate this Agreement. Without limiting the foregoing, Customer acknowledges that Motionsoft is subject to certain requirements imposed on it by its service providers and Networks, and such service providers and Networks may modify such requirements. In the event of any such modification, Motionsoft may modify the terms for MosoPay, provided that Customer (within ten (10) days of learning of the modification) may elect as its sole and exclusive remedy for such modification to terminate MosoPay with thirty (30) days notice solely in the event any such modification materially and adversely affects Customer and Motionsoft is unable to rectify such situation.
2.3 Processor. The parties agree that the Global Payments Direct, Inc. Merchant Service Agreement, available at www.motionsoft.net/eula-global is incorporated into and made a part of this Agreement and Customer shall comply with all such terms.
2.4 Customer Obligations. Customer will comply with all Applicable Laws and any Customer policies (including its privacy policies). Customer will provide reasonable advance notice to Motionsoft of any material changes regarding Customer’s operations, which could affect Motionsoft’s ability to deliver the service outlined in this Agreement.
2.5 Publicity. Motionsoft may publicly refer to Customer, including on Motionsoft’s website and in sales presentations, as a Motionsoft customer and may use Customer’s logo for such purposes.
- TRANSACTIONS AND PROCESSING.
3.1 Permissible Transactions. Customer may only use MosoPay to process a Transaction for Customer Services purchased by a Member through a legitimate, bona fide sale of the Customer Services. MosoPay may not be used to process a Transaction for Customer, or otherwise transfer money between a Member and Customer, that does not directly result from a Member’s purchase of Customer Services. Customer may not use MosoPay to provide cash advances to Members or to facilitate the purchase by Members of cash equivalents (e.g., travelers checks, money orders); provided however, that Customer may use MosoPay to facilitate the purchase by Members of a gift certificate or stored value card generally made available by Customer. Motionsoft may establish general practices and limits concerning use of MosoPay, including without limitation individual or aggregate transaction limits on the dollar amount or number of Transactions during one or more specified time periods. Customer may not use MosoPay to process Transactions in connection with an illegal transaction or the sale or exchange of any illegal or prohibited goods or services or any of the other business activities set forth in Exhibit A.
3.2 ACH Transactions. Motionsoft will process each entry or file in accordance with the processing schedule agreed to by the Parties provided that: (i) the entries or files are received by Motionsoft’s applicable cut-off time on a Business Day; and (ii) the ACH network is open for settlement on that day. Entries or files will be deemed received by Motionsoft when the transmission is completed. If Motionsoft receives an entry or file after its processing deadline, Motionsoft will not be responsible for failure to meet the deadlines of the ACH operator for processing and transmitting the entries or files. If any of the above requirements are not met, Motionsoft will use reasonable efforts to transmit the entries or files to the ACH by the next applicable deadline of the next Business Day.
3.3 Prohibited Actions. Customer may not: (a) establish a minimum or maximum Purchase Amount as a condition for Member’s use of MosoPay to pay for Customer Services; (b) require Member to provide Customer with the account numbers of any credit card, debit card, or other payment instrument; (c) add any Service use surcharge to a Transaction; (d) separately process as a Transaction the amount of any tax applicable to a purchase of Customer Services; (e) submit to MosoPay a Transaction that was previously returned as a Chargeback; or (f) permit the use of MosoPay for payment of any debt owed to Customer by Member.
3.4 Authorization. For any Transaction made with a credit card, Customer acknowledges that: (a) the receipt of an authorization for a Transaction indicates only that, as of the date of the authorization, the underlying Member Account has sufficient credit with the card issuer for the amount of the Purchase Amount; (b) the authorization is not a confirmation of the Member’s identity; nor is an authorization a guarantee by Motionsoft that the transaction will not be subject to a chargeback or other reversal; and (c) Motionsoft has no responsibility to Customer to investigate the background or confirm the identity of Members, except to the extent required by applicable law.
3.5 Processing Errors. Motionsoft will attempt to rectify processing errors that it discovers. If the error resulted in Customer’s receipt of more or less than the correct amount to which Customer was entitled, Motionsoft will, as applicable, debit or credit the Customer Deposit Account for the difference. Customer’s failure to notify Motionsoft of a processing error within thirty (30) days of when it first appears on Customer’s electronic transaction history will be deemed a waiver of any right to amounts owed to Customer. All items not honored by a payee’s bank or cardholder’s issuing bank will be reported to Customer at the time Motionsoft receives notification. Motionsoft will incorporate the reason that the item was not honored, as made available by the payee’s bank or card issuer, into the notification. It is necessary for Customer to import the returned item files into Customer’s system in order to update the accounts with accurate information.
3.6 Transmissions. Motionsoft will provide Customer with a fixed schedule of dates by which Motionsoft must receive Customer’s transmissions in order to ensure the drafting of Customer’s respective payment transmission dates. In the event that Customer’s transmissions are not received in compliance with the schedule then they will be processed on the next available scheduled draft date.
3.7 Funds Transfer. On the second Business Day following Customer’s draft date, Motionsoft will forward to Customer by e-mail a detailed remittance report and Motionsoft will initiate an electronic transfer into Customer’s operating account for the remittance amount net of all service fees (including Motionsoft Fees and third party fees). All items not honored by a payee’s bank or cardholder’s issuing bank will be reported to Customer at the time Motionsoft receives said notification. Incorporated into the notification will be the reason that the item was not honored as made available by the payee’s bank or card issuer. Customer must import the returned item files into Customer’s system to update accounts.
3.8 Issues with Transfer. In the event that items not honored by a payee’s bank, credit card company or service fees exceed the amount of Customer’s reserve Customer hereby authorizes Motionsoft to electronically recover the overage from Customer’s operating account. If there are insufficient funds in Customer’s operating account Customer agrees to wire or transmit overnight the necessary funds to Motionsoft within 24 hours of notification to Customer.
3.9 Taxes. If in a given calendar year Customer receives (i) more than $20,000 in gross amount of payments and (ii) more than 200 payments, Motionsoft and/or its processor may be required by law to report to the Internal Revenue Service (“IRS”) Customer’s name, address, Tax Identification Number (such as a Social Security Number (SSN), or Employer Identification Number (EIN)), the total dollar amount of the payments Customer received in a calendar year, and the total dollar amount of the payments Customer received for each month in a calendar year.
3.10 Information. Customer acknowledges and agrees that Motionsoft and its payment service providers (a) collect and store all information (including personal information) necessary to receive payments from Members, and (b) run authorization and verifications processes in connection with the payment method selected by Members. Customer agrees to provide all information requested by Motionsoft for the provision of MosoPay (including as may be necessary in an application therefor). Customer represents and warrants all such information will be true, accurate, not misleading and complete. Motionsoft and its service providers will use reasonable efforts to protect all such information but DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT SECURITY BREACHES WILL NOT OCCUR WITH RESPECT TO ANY INFORMATION COMMUNICATED THROUGH MOSOPAY, THE INTERNET, OR ANY COMMON CARRIER COMMUNICATIONS FACILITY. NEITHER MOTIONSOFT NOR ITS SERVICE PROVIDERS SHALL HAVE ANY LIABILITY OF ANY KIND TO CUSTOMER OR MEMBERS WITH RESPECT TO USE OF MOSOPAY OR ANY INFORMATION PROVIDED IN CONNECTION THEREWITH. In the event of a conflict between any provision of Section 5 and this Section 3.10, the provision in Section 3.10 will prevail.
3.11 Reserve. Customer authorizes Motionsoft to establish and maintain a reasonable reserve for charge backs, stop payment orders and other disputed items. Motionsoft will furnish Customer with regular, timely and complete documentation showing what portion, if any, of the funds being retained have been applied to such charge backs, stop payment orders and disputed items. Upon notice of non-renewal or termination, Motionsoft may increase the amount of the reserve to cover post-termination Chargebacks and other disputed items. Motionsoft may maintain such reserve for a period not to exceed ninety (90) days.
- TRANSACTION DISPUTES AND ADJUSTMENTS.
4.1 Disputes Customer is solely responsible for Disputes and Motionsoft is not a party to and will not be responsible for any Disputes. Motionsoft may provide tools to facilitate communication between Customer and a Member to resolve Disputes. If Customer and a Member are unable to resolve a Dispute, Motionsoft may mediate the Dispute upon either party’s request and may propose a non-binding solution at Motionsoft’s sole discretion. Motionsoft is solely responsible for Disputes and Customer is not a party to and will not be responsible for any Disputes; provided, that Customer agrees to provide reasonable assistance to Motionsoft in resolving Disputes.
4.2 Refunds and Adjustments. If Customer allows returns, cancellations or price adjustments in connection with a Transaction, Customer will initiate a credit to the Member using the refund function of MosoPay within three (3) days of receiving the Member’s request. Refunds cannot exceed the total amount of the Transaction. Customer agrees not to accept cash or any other consideration from a Member in exchange for issuing a refund to a Member. Customer agrees not to give cash refunds to a Member in connection with a Customer Services paid for with MosoPay unless required by law. If Customer provides a refund through a means other than through MosoPay, Customer remains responsible if the Transaction results in a chargeback through MosoPay. Customer acknowledges that even if Customer’s return/cancellation policy prohibits returns or cancellations, Customer may still receive Chargebacks relating to the transactions. Motionsoft may reject or delay a refund request from Customer through MosoPay if Motionsoft is unable to obtain sufficient funds from Customer to fund the refund
4.3 Payment Adjustments. Chargebacks will be reported to Customer upon Motionsoft’s receipt of same. Customer acknowledges that Members may retain a Chargeback right pursuant to card association and Network rules and/or their agreement with the holder of the Member Account, and Motionsoft will have the right (but not the obligation) to pass Chargebacks and any costs resulting therefrom to Customer. As to particular Transactions, Motionsoft may withhold payments or reverse previous payments if: (a) a Member makes a claim to Motionsoft for a refund or other reversal; or (b) Motionsoft believes that the Transactions are invalid, involve misconduct or fraud (such as fraudulent use of a payment instrument), or otherwise violate applicable law, this Agreement, or any Motionsoft provided documentation. Customer agrees to cooperate with Motionsoft and to provide any information that may be reasonably requested by Motionsoft in its investigation of any of the foregoing circumstances. Motionsoft may offset any payment obligation that Motionsoft may have to Customer under this Agreement against (i) fees owed by Customer, (ii) amounts overpaid to Customer due to a later reversal, refund, chargeback or other adjustment to prior Transactions, and (iii) any other amounts owed by Customer to Motionsoft under this Agreement or any other agreement. In the event that Customer incurs a negative balance (i.e. due to negative adjustments exceeding the settlement proceeds for a particular period), Motionsoft may debit the Customer Deposit Account for the amount of the negative balance. Furthermore, Motionsoft may choose to invoice Customer for any amounts owed by Customer under this Agreement which will be immediately due and payable.
- FEES AND PAYMENTS
5.1 Fees Payable. Motionsoft shall have the right to automatically debit the Motionsoft Fees prior to the disbursement to Customer’s Deposit Account. Customer hereby authorizes all such debits, and upon any request by Motionsoft, Customer shall complete any and all documentation required to enable Motionsoft to complete such automatic withdrawals. Payment of the Motionsoft Fees shall be absolute and unconditional, and shall not be subject to any abatement, reduction, set off, defense, counterclaim, interruption, deferment or recoupment for any reason whatsoever. After the Initial Term, Motionsoft may increase any fees at any time upon written notice to Customer with at least sixty (60) days prior notice.
5.2 Taxes. All amounts payable under this Agreement will exclude all applicable sales, use and other taxes and all applicable export and import fees, customs duties and similar charges. Customer will be responsible for payment of all such taxes (other than taxes based on Motionsoft’s income).
- DISCLAIMER; LIABILITY.
6.1 No Other Warranties. MOTIONSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY ADDITIONAL OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, NON-INTERFERENCE, VALUE OR ACCURACY OF DATA, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES THAT MOTIONSOFT’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF CUSTOMER ONLY. MOTIONSOFT’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MOTIONSOFT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
6.2 Limits. IN NO EVENT SHALL MOTIONSOFT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF MOTIONSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF MOTIONSOFT TO CUSTOMER FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE GREATER OF (I) FIVE THOUSAND DOLLARS (U.S. $5,000.00) OR (II) THE TOTAL AMOUNT OF ALL FEES PAID TO MOTIONSOFT BY CUSTOMER IN THE SIX (6) MONTHS PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
6.3 Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
- TERM AND TERMINATION
7.1 Term. This Agreement will commence on the Effective Date and continue for a period of time set forth on the Order Form, unless earlier terminated pursuant to Section 8.2 (the “Term”).
7.2 Termination for Breach. Either Party may terminate this Agreement upon notice to the other Party if such other Party materially breaches this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice thereof.
7.3 Suspension. If Customer fails to pay undisputed amounts hereunder or, if and as necessary to protect the security of MosoPay, Motionsoft will have the right to suspend MosoPay.
7.4 Survival. Sections 3.3, 3.4, 5, 6.5, 7 through 10, 11.6 and 12 will survive termination or expiration of this Agreement.
8.1 Confidentiality. “CI” means all written or oral information, disclosed by either Party to the other, related to the operations of such Party or a third party, that is marked as confidential or that, by its nature or the circumstances around disclosure, ought reasonably to be treated as confidential. During the course of this relationship, either Party may disclose CI to the other Party. Each Party agrees that all items of CI are proprietary to the disclosing Party or such third party, as applicable, and will remain the sole property of the disclosing Party or such third party. Each Party further agrees: (a) to use CI disclosed by the other Party only for the purposes described herein; (b) that such Party will not reproduce CI disclosed by the other Party, except as necessary to carry out its obligations and rights under this Agreement; and (c) to use no less than reasonable efforts to protect such CI from dissemination to, and use by, any third party (other than the receiving party’s agents, advisors and contractors who have a need to know such information). The foregoing confidentiality obligations shall not apply to CI that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (v) is independently developed by the recipient without any use of or by persons who have access to the other Party’s CI; or (vi) is approved in writing for release or disclosure by the disclosing Party without restriction. Notwithstanding the foregoing, each Party may disclose CI to the limited extent required in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given notice to the other Party and shall have provided such assistance as may be reasonably requested to limit such disclosure.
8.2 General. This Agreement is the entire agreement between the Parties related to the subject matters hereof and supersedes all prior and contemporaneous agreements, understandings and discussions. The Agreement cannot be amended except by a writing signed by both Parties. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force. No waiver hereunder will be valid or binding unless set forth in writing and duly executed by the Party against whom enforcement of such waiver is sought, and any such waiver will be specific to the specific matter described therein. This Agreement will be governed by and interpreted in accordance with the laws of the State of Maryland, without reference to its conflict of laws principles. Any action or proceeding arising from or relating to this Agreement will be brought in a federal or state court in Montgomery County, Maryland, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. Nothing in this Agreement will be construed to create any agency, partnership, or joint venture between the Parties, and neither Party will represent itself as an agent or legal representative of the other Party. All notices, requests, and other communications to the other Party hereunder will be in writing and given at the address set forth on the Order Form. Customer may not assign Customer’s rights hereunder without Motionsoft’s written consent. Absent such consent, any attempted assignment or delegation will be null and void. The Parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the Parties, their successors and permitted assigns. This Agreement may be executed in any number of counterparts, each of which when so executed will be deemed to be an original and all of which when taken together will constitute one Agreement. All notices related to this Agreement must be in writing and delivered by overnight delivery service or first-class, pre-paid mail, return receipt requested, to the address specified on the Order Form, provided that any notices to Motionsoft, Inc., 1451 Rockville Pike, 5th Floor, Rockville, MD 20582, Attention: Chief Executive Officer, with a copy to: Fizgerald & Rhodes LLP, 1735 17th Street, N.W., Washington, D.C. 20009; Attn: David Rhodes.
MOSOPAY TERMS AND CONDITIONS
- Any adult products and services including but not limited to:
- Audiotext (Phone Sex)
- Web based sexually oriented chat
- Videotext (images via the Internet)
- Sexually oriented dating services
- Companion/Escort services
- Adult toys, bookstores, strip clubs and other misc adult entertainment, services or products
- Memberships, clubs, subscriptions
- Any products on the internet containing graphic or nude content
- Any illegal activity (i.e., child pornography, bestiality, etc)
- Aggregators/Third Party Payment Processors- falling outside Mastercard/Visa and FDMS approved program requirements (See Payment Facilitators/Internet Payment Service Providers under High Risk/Tier II segment of the policy)
- Any illegal products/services or providing peripheral support of illegal activity
- Bidding fee auctions (a/k/a penny auctions)
- Business/Investment opportunities operating as Get rich quick schemes (including Internet search/ad optimization)
- Cash advances (except regulated Financial Institutions which are acceptable)
- Cash gifting
- Chain letters
- Check cashing establishments
- Companion/Escort services
- Credit card protection or identity theft service
- Credit repair/Restoration
- Cruise lines
- Currency exchanges
- Debt consolidation or reduction services
- Drug paraphernalia of any form
- Embassy, Foreign Consulate, or other Foreign Government
- Essay mills/Paper mills
- Extended warranty companies
- Foreclosure protection/guarantees
- Government grants
- Herbal smoking blends and herbal incense
- How to books, newsletter, subscription or on line access for ANY industry shown in the Unqualified list
- Illegal gambling including Internet/MOTO gambling
- Lottery clubs
- Mail order brides and international match-making services
- Medical benefits packages (including discount medical cards)
- Marijuana dispensaries (and affiliated services)
- Merchants engaged in activity prohibited by the Card Brands
- Merchants or Principals listed on MATCH
- Merchants, Principals or related entities previously identified by any Card Brand for deceptive practices or any other violation of Card Brand rules
- Merchants physically located outside the United States (offshore acquiring)
- Merchants in a Card Brand excessive chargeback or fraud program or merchants with chargeback or fraud rates over 1%
- Merchants that use tactics to evade Card Brand excessive chargeback or fraud monitoring programs
- Merchants up-selling or cross-selling products of other merchants and then sharing the cardholder data with the third party or receiving cardholder data from third parties (Data Pass).
- Merchants splitting the sale across multiple transactions
- Merchants offer rebates or special incentives (ie, free gift, prize, sweepstakes or the winning of a contest as an inducement to purchase a product/service).
- Merchants primarily engaged in the sale of stored value cards in a card not present environment.
- Merchants engaged in any form of deceptive marketing practices including but not limited to:
- Hidden disclosure
- Bogus claims & endorsements
- Pre-checked opt in boxes
- Refund/Cancellation Avoidance
- Money services businesses
- Money transfer services
- Mortgage/Loan modification
- Mortgage reduction services
- Multi-level marketing or pyramid schemes where the primary objective is the solicitation of new distributors and not the sale of products/services
- Negative renewal option following a free or low cost purchase (including but not limited to payment for shipping only model, free or discounted trial periods, etc.) for the following industries:
- Nutraceuticals (e.g. acai berry or health related teas or drinks etc)
- Pseudo-pharmaceuticals (e.g. weight-loss, anti-aging, muscle building, sexual stimulant supplements, colon cleansers, detox products, hCG, HGH-like substances etc)
- Beauty/Cosmetic products (e.g., teeth whitening products, anti-wrinkle creams, tanning sprays etc)
- Medical devices and products (e.g. glucose strips etc)
- Non face to face sale of prescription drugs
- Non face to face sale of tobacco products or other smoking products (including e-Cigarettes/smokeless cigarettes)
- Non Face to face sale of firearms (mail/telephone order, internet)
- Quasi Cash
- Replicas/Counterfeit goods-designer name products
- Substances designed to mimic illegal drugs (including herbal smoking blends & herbal incense)
- Travel-Outbound Telemarketing (MCC 5962)-including Discount Travel Clubs, membership or Subscriptions to Travel Services or Newsletters where subscribers may select prepackaged trips.
- Virtual Currency (that can be monetized, resold, converted, traded into physical/digital goods & services outside the virtual world)