Means an Account Maintained by Customer with Its Processor
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11-2016 DEFINITIONS AND GENERAL SERVICES ADDENDUM (ADDENDUM A) "Account" means a unique representation of the data and current financial status of a customer account relationship owned by Customer and maintained with Customer's processor (which is Vendor if Vendor is providing Customer with Processor services) and includes a checking, savings, share draft, or other asset account or credit card account or any one of various loan accounts, lease accounts or other account. "ACH" means the Federal Reserve's automated clearinghouse system. "Acronym" means the acronym used to reference a Customer's full contracted name. “Ampre” or “Ampre Program” means a program offered by Augeo CLO, LLC (“Augeo”) through Vendor whereby Customer’s enrolled Debit Cardholders may be eligible to receive and redeem discounts, rebates, incentives and/or coupons from participating merchants. "ATM" means cash disbursement automated teller machine and/or scrip dispenser or other similar device according to Vendor’s standards. “ATM Deposit Automation” means the services offered by Vendor to allow Customer the ability to image checks and cash deposits at eligible/capable ATMs without the use of envelopes, and the ability to deliver electronically such cash deposits for settlement. Customer’s utilization of this service requires Customer’s participation in Vendor’s ATM Software Distribution Services. “ATM Dynamic Currency Program” means a Program offered by Vendor in cooperation with Planet Payment and in accordance with Vendor’s standards and procedures. The Program enables certain Foreign Cardholder(s) to present a Card at Customer’s ATM(s) and to perform a Foreign Transaction. If a Foreign Cardholder has consented to participate in the Program as required by the Network Documentation, a Foreign Transaction will be performed. The Program shall apply only to those Cards issued by Visa or MasterCard that are denominated in a Program Currency, as determined by the Foreign Exchange Processor. Vendor does not warrant or guarantee that any particular Network will support the Program at any time. Vendor and/or the Foreign Exchange Processor reserve the right to add, delete or suspend any currency to or from the Program, in its sole discretion, at any time without prior notice to Customer. Vendor may terminate or suspend the Program for any reason in its sole discretion upon notice to the Customer. In the event that Customer must perform any special programming, testing, or development, and/or purchase any special software or hardware in order to participate in the Program, the cost of the same shall be at Customer’s expense. By participating in the Program and/or otherwise accepting the Program services, Customer agrees to all the terms, and requirements of the Program. Customer may opt-out of participation in the Program at any time upon 30 days’ notice to Vendor. Additional notes supporting the ATM Dynamic Currency Program: Program Requirements. Customer agrees that it will comply with all applicable state, federal, local and other laws related to the Program, the Network Documentation, any rules, policies and procedures published by the applicable Foreign Exchange Processor, and with all reasonable instructions provided by Vendor pertaining to Customer’s participation in the Program. Customer is responsible for providing any and all disclosures to Cardholders that may be required by applicable law, notwithstanding Vendor’s and/or Foreign Exchange Processor’s provision of any sample disclosures (e.g., screen notices, receipt notice language, etc.) to Customer. As between them, Customer agrees that Vendor will determine, in its sole discretion, whether or not to convert each transaction. Customer agrees that Vendor will have no liability to Customer for any Program Participation Payment (as defined below) for any transaction that is not converted, or that is not in compliance with the terms hereof. Customer acknowledges that all Network Documentation with respect to chargebacks shall apply to transactions processed under the Program. Customer acknowledges that Foreign Cardholders may have the ability to “opt-in,” or consent to participate in the Program when performing transactions at Customer’s ATMs. In the event that a particular Foreign Cardholder elects not to opt-in, the Foreign Cardholder's transactions will be processed by Vendor in US Dollars in accordance with the Network Documentation and will not be processed as part of the Program. Customer acknowledges that certain Foreign Transactions may result in interchange that differs from the interchange the Customer might otherwise receive for such sales transactions. Customer assumes all risk and any and all liability associated with its use of, and participation in, the Program and agrees that it is solely responsible for its participation in and for any liability arising from the Program. Program Participation Payment. As consideration for its participation in the Program, Vendor will pay Customer the Program Participation Payment. Customer acknowledges that Vendor has no control over, and does not guarantee any particular Foreign Exchange Rate, nor any particular Foreign Exchange Markup, or any particular Program Participation Payment, notwithstanding any prior conversations, proposals, presentations, etc. In the event that Customer reasonably believes that Vendor has failed to compensate Customer in accordance with this Section, or that Vendor has incorrectly compensated Customer in accordance with this Section, Customer agrees to provide Vendor with written notice specifically describing such failure within 30 days of the earlier of i) the date on which Customer was first paid the Program Participation Payment question or ii) the date on which Customer became aware of, or should have become aware of the failed payment or incorrect payment. Customer acknowledges and agrees that in no event will Vendor be liable to Customer for any failure that should have been reported to Vendor pursuant to the immediately preceding sentence. Notwithstanding anything to the contrary, Vendor shall calculate and pay the Program Participation Payment in accordance with its standards and policies. “ATM Marketing Services” means the services (provided through a third party vendor that is not under Vendor’s control) related to marketing screens for Customer’s ATMs. Vendor is acting as a billing agent for the provision of the ATM Marketing Services, and is not responsible for the content of any related ATM screen marketing or promotion. Customer agrees that Vendor’s Software Distribution Services, which shall be subject to a separate written amendment to the Agreement, is required for the receipt of ATM Marketing Services. "ATM Preferences Support" means such Service, as provided in accordance with Vendor's standards, that supports the ability for a Cardholder to select certain transaction preference settings to be accessed and utilized when a Cardholder performs an ATM Transaction at the ATM(s) of the financial institution that issued Cardholder's Card (i.e. on-us transactions). Vendor will support the selection of the following preferences: language (English or Spanish), receipt/no receipt, balance/no balance printed on transaction receipt, fast cash denomination, and such other preference options as may be added and supported by Vendor from time to time. Customer acknowledges and agrees that Customer's ATM(s) must meet certain hardware and software requirements in order to support such Service and that all ATMs may not be able to support this functionality. "Authorization" means the process of approving or denying Transaction requests based on parameters and specifications of Vendor's system, including but not limited to those Transaction requests which settle in a month different than the month such Transaction request is received by Vendor's system. "Automated Stand-In Processing" means Stand-In Processing that is initiated based on denial thresholds agreed to by Vendor and Customer. "Bank Identification Number (BIN)" means a unique combination of a set of numbers and card lengths as defined by the ABA and ISO, which appear in the primary access number and identifies one or more Cardholders for purposes of Interchange. "Basic Deconversion Services" means the standard internal process whereby Customer's information and definitions for one or more services on Vendor's systems are removed from and/or converted off of Vendor's system related to Core Services only. "Card" means a plastic card issued by or on behalf of Customer to Customer's Cardholders for use in effecting Transactions at Terminals. “Card Personalization” means such Services in which a web site is offered to customer for the personalization of debit and/or credit cards as may be supported and processed by Vendor, including an interface and administration tool for the design, review and approval of Cards containing images provided by Customers and/or Cardholders. Card production services will enable edge-to-edge printing of an image on the Card. The printing may include: (i) the Customer Design that was in effect and housed in Vendor’s system for this Service at time of image creation and approval; (ii) Cardholder Content as provided by Cardholder via the Website, (iii) or use of a standard gallery of common images for use of cardholders. Page 1 of 16 11-2016 “Card Production Instant Issue Services” means such Services as available by Vendor whereby pre-existing cards will be embossed and encoded and ready for immediate PIN usage by Customer. “Card Production