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\n Terms & Conditions\n

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\n These terms of service (the “General Terms”), to include\n all appendices attached hereto, including the Fattmerchant Application Form\n (“Application”), Merchant Services Agreement for\n Sub-Merchants (collectively, the “Agreement”) govern the\n Sub-Merchant’s participation in the Services. The Sub-Merchant agrees to be\n bound by the terms and conditions of the Agreement, as evidenced either by\n the signature of an authorized representative of the Sub-Merchant on the\n Fattmerchant Application or by the transmission of a Transaction receipt or\n other evidence of a Transaction (collectively, the\n “Signature” or “Signing”). The parties to\n this Agreement shall be the Sub-Merchant as named in the Application that\n applies to participate in Transactions using Fattmerchant’s processing\n products (“Sub-Merchant,” “Merchant,” or\n “you”) and Fattmerchant, Inc., with its principal place of\n business located at 618 E South Street, #510, Orlando, Florida 32801\n (“Fattmerchant,” “we,” or\n “us”) each of which may be referred to individually as a\n “Party” or collectively as “Parties.” The\n effective date of this Agreement shall be the date Fattmerchant approves\n Sub- Merchant for participation in the Processing Services (“Effective Date”).\n

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\n WHEREAS, Sub-Merchant and Fattmerchant are entering into\n the Agreement to set forth, among other things, terms and conditions under\n which Fattmerchant will provide to Sub-Merchant services that facilitate\n Sub-Merchant’s acceptance of card payments, e-check, and/or ACH payments for\n goods and services provided, and Fattmerchant, as an agent for Sub-Merchant,\n may accept settlement payments from the Acquirer on behalf of Sub-Merchant;\n

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\n WHEREAS, Fattmerchant is party to an agreement with an\n Acquirer and a Bank under which Acquirer and Bank provide payment processing\n and Association sponsorship services to Fattmerchant on behalf of\n Sub-Merchant and other sub-merchants of Fattmerchant; and\n

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\n WHEREAS, as a condition of providing services to\n Fattmerchant on behalf of Sub-Merchant, Acquirer, and Bank require that\n Fattmerchant include certain terms and conditions in the Agreement relating\n to the payment processing services being provided to Sub-Merchant.\n

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\n THEREFORE, Fattmerchant and Sub-Merchant hereby agree to\n the terms and conditions set forth herein.\n

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\n On and subject to the terms and conditions hereof, Fattmerchant is: (i)\n acting in the capacity of a\n “Payment Service Provider” (under the Visa Rules) and a\n “Payment Facilitator” (under the MasterCard Rules) and will\n provide you card processing services as described herein; and (ii) will\n provide you with additional services as agreed by the Parties. Fattmerchant\n provides processing services with respect to credit card transactions\n including Visa U.S.A., Inc. (“Visa”), MasterCard Worldwide\n (“MasterCard”), DFS Services LLC (“Discover Network”), American Express, PayPal, JCB, Discover, Diners Club\n (“Associations”), as well as e-check and ACH transactions.\n We are intending for you to be able to accept transactions for all of these\n Associations and all the other Services designated in this Agreement or any\n attachment to this Agreement, unless you notify us that you do not elect to\n accept all the card types and Services we offer and name those you do not\n elect to offer. You may change your election of card types and Services from\n time to time upon at least sixty (60) days’ advance notice to us; we will\n use reasonable efforts to accommodate your requests in less time, but we\n will not be obligated to do so. Upon our approval of a changes to new card\n type or Service, the Parties will enter into an amendment or supplement to\n this Agreement. You will not seek authorization for or submit a transaction\n of a new card type, which was not included in original agreement, until the\n Parties have executed such amendment or supplement. Unless otherwise\n directed by us, you will not seek authorization for or submit a transaction\n of a card type you desire to discontinue accepting later than the effective\n date of your notice to us. With respect to inadvertent or intentional\n acceptance of a transaction other than the type or service anticipated for\n your account (including, without limitation, a different card type), you\n will also be subject to payment to us of our then-current fee(s) with\n respect to such card, transaction or service and be liable, obligated and\n responsible under this Agreement for any such transaction or service to the\n same extent as you would be if it was of an anticipated card type or\n service.\n

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\n You will honor a card by accepting it for payment. You will not engage in\n any acceptance practice or procedure that discriminates against, or\n discourages the use of, any particular card type elected by you and approved\n by us, in favor of any competing card brand also elected and approved. You\n understand and agree that you are expressly prohibited from presenting sales\n transactions for any purposes related to any illegal or prohibited activity,\n including but not limited to money-laundering or financing of terrorist\n activities. For all Cards issued by U.S. Issuers, you will honor all cards\n within the card types elected and approved in accordance with this\n Agreement. For example, if you elect and are approved to accept Visa credit\n cards, you will submit payments from Visa-branded credit card Cardholders\n without regard to whether the credit card is a Visa-branded rewards credit\n card or Visa-branded business purpose credit card. You acknowledge that no\n party will acquire any right, title, or interest in or to the marks of any\n Associations. You will not assign to any third party any of the rights to\n use the marks of any Associations, and the Associations may use information\n obtained in the Application to monitor you in connection with Card marketing\n and administrative purposes.\n

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    \n \n DEFINITIONS.\n \n For the purposes of the General Terms, the definitions contained in\n Appendix I apply to capitalized words contained within the Agreement\n unless the context otherwise requires or unless the term is assigned an\n alternative definition within the General Terms.\n

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    \n \n SERVICES AND PRIORITY.\n \n Subject to the terms and conditions of the Agreement, the Parties will\n provide those Services for which they are respectively responsible as\n set forth in the Agreement. In the event that terms and conditions\n described within the appendices differ from those indicated within the\n General Terms, the terms and conditions contained within the Appendices\n shall prevail over any conflicting terms and conditions in the General\n Terms.\n

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    \n \n SUB-MERCHANT OBLIGATIONS AND REQUIREMENTS.\n \n

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    1. \n Association Operating Rules and Compliance.\n Sub-Merchant acknowledges that Acquirer and Bank must maintain\n closer controls over high-volume sub-merchants of Fattmerchant and,\n therefore, Sub-Merchant must immediately notify us if it has, or in\n Sub-Merchant’s reasonable opinion will, have greater than $1,000,000\n in annual card sales volume processed hereunder (based upon the date\n Sub-Merchant’s account is boarded) for any one Association. Further,\n Sub-Merchant must also immediately notify us if it has, or in\n Sub-Merchant’s reasonable opinion will, have greater than $2,000,000\n in annual Card sales volume processed hereunder. You shall comply\n with the Associations’ operating rules (“Operating Rules”), including the Operating Rules applicable to the Visa PSP and\n MasterCard Payment Facilitator programs and all applicable local,\n state, and federal laws, rules, and regulations (“Applicable Laws”). The Operating Rules are available on websites, such as\n