Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10-040 - Payment Processing Inc - Online Credit Card Processor
10-040(f) Council Approval N/A Payment Processing, Inc. ADDITIONAL LOCATION MERCHANT APPLICATION PAYMENT PROCESSING USE ONLY MERCHANT F MCC CARD ACCEPTANCE REQUESTED: U CRt011 ONLY 9399 DEBIT ONLY ®CREDIT and DEBIT Existing MID: Chain Number Start Date: MERCHANT INFORMATION* NAME OF CORPORATION OR PARTNERSHIP MERCHANT "DOING BUSINESS AS NAME City Of Tukwila City Of Tukwila (Business Licensing) CORPORATION ADDRESS LOCATION ADDRESS (NO PO BOX) 6200 Southcenter Blvd. 6200 Southcenter Blvd. CORPORATION CITY, STATE. ZIP LOCATION CITY, STATE, ZIP Tukwila, WA 98188 Tukwila, WA 98188 CORPORATE TELEPHONE NUMBER CORPORATE FAX NUMBER** LOCATION TELEPHONE NUMBER LOCATION FAX NUMBER** (206) 433 -1835 (206) 433 -1633 (206) 433 -1835 (206) 433 -1633 CORPORATE CONTACT LOCATION CONTACT Tami Eberle- Harris Tami Eberle- Harris EMAIL ADDRESS" EMAIL ADDRESS** tharris @ci.tukwila.wa.us tharris @ci.tukwila.wa.us EIN /FEDERAL TAX ID IS YOUR BUSINESS CLOSED PART OF THE HOW LONG AT THIS LOCATION? BUSINESS START DATE (MONTH/YEAR) 91- 6001519 YEAR? YES m NO DDA TRANSIT /ROUTING NUMBER CREDIT INFORMATION ANNUAL OR PROJECTED ANNUAL AVERAGE OR PROJECTED AVERAGE TOTAL OR PROJECTED SALES: VISAIMASTERCARD VOLUME: $200, 000 CREDIT CARD TICKET $150 TYPE OF BUSINESS: ANNUAL CREDIT CARD SALES GENERATED BY TYPE OF OWNERSHIP' RETAIL WHOLESALE RESTAURANT MAID PHONE SOLE OWNERSHIP PARTNERSHIP LODGING MAIL ORDER TELEPHONE ORDER INTERNET 100 JOINT VENTURE LLC CONVENIENCE STORE INTERNET CARD SWIPE PUBLIC CORP 0 PRIVATE CORP HAND -KEYED ITEMS FACE -TO -FACE CONVENIENCE STORE WITH GAS HOME -BASED 91GOVT CORP NON PROFIT TOTAL 100% BUSINESS TO BUSINESS OTHER OTHER IF INTERNET BUSINESS, LIST WEBSITE ADDRESS: OWNER/OFFICER SOCIAL SECURITY NUMBER: http: /www.ci.tukwila.wa.us/ MAIUFAX CHARGEBACKIRETRIEVALS TO: AMERICAN EXPRESS MERCHANT DISCOVER MERCHANT LOCATION ADDRESS IZCORPORATE ADDRESS DELIVER STATEMENTS TO: LOCATION ADDRESS ZCORPORATE ADDRESS DESCRIBE THE MERCHANDISE SOLD OR SERVICE PROVIDED Business Licesenes SOFTWARE OR EQUIPMENT TYPE: PPI PayMover MERCHANT: City Of Tukwila X ORPORAT //���Ett��� VW Sign: il Ind, idual Signature #1 from original application) I v Signature #2 fr al application) Title FINANCE DIRECTOR Tit! (�YA Date /0/4//6 Da Print Individual Name: Shawn Hunstock Print Individual Name Jim Haggerton Federal regulations require that we collect information to verify customer identity and that we retain this information in our records. *By providing us your fax number and e-mail address, you agree that we may fax and /or email information to you from time to time regarding our products and services, and third party products and services which may be of interest to you. (p) Payment Processing, Inc. Schedule A Billing Information PAYMENT PROCESSING USE ONLY MERCHANT MCC CARD ACCEPTANCE REQUESTED: APPLICATION ID CREDIT DEBIT 142325135547 MERCHANT INFORMATION NAME OF CORPORATION OR PARTNERSHIP RCHAN OING BUSINESS AS NAME City of T ukwila SCHEDULE A CREDIT /DEBIT CARD SERVICES AND FEE SCHEDULE ANNUAL OR PROJECTED ANNUAL VISA /MASTERCARD VOLUME: AVERAGE OR PROJECTED AVERAGE CREDIT CARD TICKET QUALIFIED CATEGORY NETWORK ',200 000 1150.00 Government (Retail2 Public Sector) FirstData PPI Pa Mover BANK CARD SERVICES ADDITIONAL SERVICES Pass through Pius RATES (Enter your existing account numbers or mark the services you would like to accept.) SERVICE QUALIFIED QUALIFIED 1 QUALIFIED ITEM SERVICE I RATE /FEE I ITEM 1 EXISTINUMBEROUNT VISA CREDIT 0,220 %I an non (AMEX I ACCEPT VISA DEBIT %I IJCB I ACCEPT 3.50% MASTERCARD CREDIT 0.220 %I $0.000 IPIN DEBIT* I ACCEPT $0.20 MASTERCARD DEBIT %I IEBT I ACCEPT DISCOVER CREDIT UAI A CCEPT 0.220 I $0 -000 Ini nutir 1 N/A N/A DISCOVER DEBIT %I I I Mid Qualified transactions are generally non swiped domestic transactions containing the appropriate Address Verification data, or corporate transactions containing the appropriate enhanced data, which are settled with 48 hours. Non Qualified transactions are generally transactions that do not fall into the above Qualified or Mid Qualified category *Additional network fees charged by individual debit networks will be passed through to merchant; pin -pad equipment required. *EBB Transactions not qualifying at the Qualified Category will be assessed a downgrade *IPT (Interchange Pass- through All transactions will be billed at pass- through of rate of plus pass- through of interchange according to Visa and MasterCard rules and interchange and assessments rates as determined by Visa /MasterCard /Discover The regulations. Qualified Discount Rate above will be charged on all transactions. All Association fees for Services set forth in this Agreement will be passed through to you to reflect all our costs associated with any charges by third parties for online communications cross border transactions, and similar items. FA Association Assessment Fees OTHER FEES SERVICES FEE SERVICE FEE SERVICE $0.00 BATCH SETTLEMENT l $0.040 VISA TERMINAL AUTHORIZATION $Q QD VOICE AUTHORIZATION I $0 040 MASTERCARD TERMINAL AUTHORIZATION fn nn ADDRESS VERIFICATIO I ftn nnn DISCOVER TERMINAL AUTHORIZATION $5.00 MONTHLY STATEMENT I $0.150 NON BANK CARD TERMINAL AUTHORIZATION $0 00 MINIMUM DISCOUNT I $0 00 ANNUAL FEE $15 00 CHARGEBACK $0.00 INTRIX MONTHLY SERVICE FEE $25 nn ACH REJECT I $0 000 OTHER: $0.00 APPLICATION FEE I $0.00 OTHER: 1.0.00 MONTHLY GIFT SERVICE FEE $10 00 ONLINE REPORTING ACCEPT 0 DECLINE American Express ESA American Express Discount Rate 3.250 OR Flat Monthly Fee $5.95 URetail $0.10 Trans Fee 0.30% CNP Downgrade Annual Volume I $30,000 (Average Ticket I$150 ❑Services, Wholesale All Other $0 15 Trans Fee Pay Frequency Options (Choose one) o 3 Day 15 Day 30 Day I U Monthly Gross Pay 03% if $100k OR Daily Gross Pay By signing below, I represent that I have read and am authorized to sign and submit this Application on behalf of the entity above and all information I have provided herein is true, complete, and accurate. I authorize American Express Travel Related Services Company, Inc. "American Express to verify the information in this Application and receive and exchange information about me personally, including by requesting reports from consumer reporting agencies. I authorize and direct American Express to inform me directly, or through the entity above, of reports about me that American Express has requested from consumer reporting agencies. Such information will include the name and address of the agency furnishing the report. I understand that upon American Express' approval of the entity indicated above to accept the American Express Card, the terms and conditions for American Express® Card Acceptance "Terms and Conditions will be sent to such entity along with a Welcome Letter By accepting the American Express Card for the purchase of goods and /or services, or otherwise indicating its intention to be bound, the entity agrees to be bound by the Terms and Conditions. EQUIPMENT (FOR PPI USE ONLY) COMMENTS Signature ,r�M� M� Signature X '1ir/ r Print Name of Signer 1 1 11 Date O 2010 All rights reservt All rademarks, services marks and trade name referenced in this material are the property of their respective owners. ppiO31810 Payment Processing, Inc. 8200 Central Ave. Newark CA 94560 (Ph) 800 774 -6462 (Fax) 800 -891 -8775 Email: SolutionPros @paypros.cor CONFIDENTIAL Payment Processing, Inc. www.paypros.com Page 1 of 1 10-040(e) Council Approval N/A Payment Processing, Inc. Schedule A Billing Information PAYMENT PROCESSING USE ONLY MERCHANT MCC CARD ACCEPTANCE REQUESTED: APPLICATION ID CREDIT DEBIT 11990171948 MERCHANT INFORMATION NAME OF CORPORATION OR PARTNERSHIP MERCHANT "DOING BUSINESS A NAME City Of Tukwila Seattle Southsid Tourism Office SCHEDULE A CREDIT /DEBIT CARD SERVICES ANID FEE SCHEDULE ANNUAL OR PROJECTED ANNUAL VISA /MASTERCARD VOLUME: AVERAGE OR PROJECTED AVERAGE CREDIT CARD TICKET' QUALIFIED CATEGORY NETWORK $27,300 $35 00 Government (Retail2 Public Sector) FirstData PPI PayMover BANK CARD SERVICES ADDITIONAL SERVICES Pass through Pius RATES (Enter your existing account numbers or mark the services you would like to accept.) 'SERVICE I QUALIFIED QUALIFIED QUALIFIED 1 ITEM SERVICE RATE /FEE 1 ITEM I EXISTING NUMBEROUNT VISA CREDIT 0.210 $0.040 AMEX I ACCEPT VISA DEBIT JCB I ACCEPT 3.50% I MASTERCARD CREDIT I 0.210 $0.040 PIN DEBIT* I ACCEPT $0.20 1 MASTERCARD DEBIT I %I EBT I ACCEPT UAILY o nisr ni INT ACCEPT N/A N/A DISCOVER CREDIT 1 0.210 /o /o /o' $0 040 �1Sr DISCOVER DEBIT I %I 1 1 Mid Qualified transactions are generally non swiped domestic transactions containing the appropriate Address Verification data, or corporate transactions containing the appropriate enhanced data, which are settled with 48 hours. Non Qualified transactions are generally transactions that do not fall into the above Qualified or Mid Qualified category *Additional network fees charged by individual debit networks will be passed through to merchant; pin -pad equipment required. *EBB Transactions not qualifying at the Qualified Category will be assessed a downgrade *IPT (Interchange Pass through All transactions wit be billed at pass- through of rate of plus pass- through of interchange according to Visa and MasterCard rules and interchange and assessments rates as determined by Visa /MasterCard /Discover The regulations. Qualified Discount Rate above will be charged on at transactions. All Association fees for Services set forth in this Agreement will be passed through to you to reflect all our costs associated with any charges by third parties for online communications cross border transactions, and similar items. m Association Assessment Fees OTHER FEES SERVICES FEE SERVICE FEE SERVICE $0.25 'BATCH SETTLEMENT 1 $0 000 'VISA TERMINAL AUTHORIZATION $1 50 'VOICE AUTHORIZATION 1 $0 000 'MASTERCARD TERMINAL AUTHORIZATION $0 00 'ADDRESS VERIFICATION l $0 000 'DISCOVER TERMINAL AUTHORIZATION $5.00 IMONTHLY STATEMENT 1 $0 150 INON BANK CARD TERMINAL AUTHORIZATION $25 00 'MINIMUM DISCOUNT 1 $0.00 'ANNUAL FEE $15 00 ICHARGEBACK 1 $0 000 'OTHER' $25 00 IACH REJECT 1 $0 00 'OTHER. 50 00 'APPLICATION FEE 1 $10 00 'ONLINE REPORTING DACCEPT Q DECLINE $0.00 MONTHLY GIFT SERVICE FEE American Express ESA American Express Discount Rate OR Flat Monthly Fee $7.95 ❑Retail $0 10 Trans Fee 0.30% CNP Downgrade Annual Volume I 'Average Ticket 1 ❑Services, Wholesale All Other $0 15 Trans Fee Pay Frequency Options (Choose one) 3 Day 15 Day 30 Day 1 Monthly Gross Pay +.03% if $100k OR Daily Gross Pay By signing below, I represent that I have read and am authorized to sign and submit this Application on behalf of the entity above and all information I have provided herein is true, complete, and accurate. I authorize American Express Travel Related Services Company, Inc. "American Express') to verify the information in this Application and receive and exchange information about me personally, including by requesting reports from consumer reporting agencies. I authorize and direct American Express to inform me directly, or through the entity above, of reports about me that American Express has requested from consumer reporting agencies. Such information will include the name and address of the agency furnishing the report. I understand that upon American Express' approval of the entity indicated above to accept the American Express Card, the terms and conditions for American Express® Card Acceptance "Terms and Conditions will be sent to such entity along with a Welcome Letter By accepting the American Express Card for the purchase of goods and /or services, or otherwise indicating its intention to be bound, the entity agrees to be bound by the Terms and Conditions. EQUIPMENT (FOR PPI USE ONLY) PPI PayMover 1 Hypercom T4210' 1 COMMENTS Signature Signature 1-.1P a m., .g.I.J Print Name of SignerS S let a,w 44t2fIctOC.IC XDate 5 aG" /0 2010 All rights reserved. All trademarks, services marks and trade name referenced in this material are the property of their respective owners. ppiO31810 Payment Processing, Inc. 8200 Central Ave. Newark CA 94560 (Ph) 800 774 -6462 (Fax) 800 891 -8775 Email: SolutionPros @paypros.cor Pa 1 of 1 CONFIDENTIAL Payment Processing, Inc. www.paypros.com LP `ivct 10- 040(d) .4 -.cJ- Council Approval N/A P) Payment Processing, Inc. ADDITIONAL LOCATION MERCHANT APPLICATION PAYMENT PROCESSING USE ONLY I MERCHANT F MCC CARD ACCEPTANCE REQUESTED: LJ CREDIT ONLY City of Tukwila DEBIT ONLY ®CREDIT and DEBIT Existing MID: Chain Number Start Date: MERCHANT INFORMATION* NAME OF CORPORATION OR PARTNERSHIP MERCHANT "DOING BUSINESS AS" NAME City of Tukwila City of Tukwila Fire Department CORPORATION ADDRESS LOCATION ADDRESS (NO PO BOX) 6200 Southcenter Blvd 6200 Southcenter Blvd CORPORATION CITY, STATE, ZIP LOCATION CITY, STATE, ZIP Tukwila, WA 98188 Tukwila, WA 98188 CORPORATE TELEPHONE NUMBER CORPORATE FAX NUMBER LOCATION TELEPHONE NUMBER LOCATION FAX NUMBER (206) 433 -1835 (206) 433 -1833 (206) 433 -1835 (206) 433 -1833 CORPORATE CONTACT LOCATION CONTACT Laurie Anderson EMAIL ADDRESS EMAIL ADDRESS lnderson @ci.tukwila.wa.us EIN /FEDERAL TAX ID IS YOUR BUSINESS CLOSED PART OF THE HOW LONG AT THIS LOCATION? BUSINESS START DATE (MONTHYEAR) 91- 6001519 YEARS ❑YES m NO 1977 DDA TRANSIT /ROUTING NUMBER CREDIT INFORMATION ANNUAL OR PROJECTED ANNUAL AVERAGE OR PROJECTED AVERAGE TOTAL OR PROJECTED SALES: VISA/MASTERCARD VOLUME: CREDIT CARD TICKET TYPE OF BUSINESS: ANNUAL CREDIT CARD SALES GENERATED BY' TYPE OF OWNERSHIP' RETAIL WHOLESALE RESTAURANT MAIL/ PHONE SOLE OWNERSHIP PARTNERSHIP LODGING MAIL ORDER TELEPHONE ORDER INTERNET JOINT VENTURE LLC CONVENIENCE STORE INTERNET CARD SWIPE 100 PUBLIC CORP 0 PRIVATE CORP HAND -KEYED ITEMS FACE -TO -FACE CONVENIENCE STORE WITH GAS HOME -BASED 121 GOVT CORP NON PROFIT TOTAL= 100% o BUSINESS TO BUSINESS M OTHER Municipal OTHER IF INTERNET BUSINESS, LIST WEBSITE ADDRESS: OWNER/OFFICER SOCIAL SECURITY NUMBER: MAIL/FAX CHARGEBACKIRETRIEVALS TO: AMERICAN EXPRESS MERCHANT DISCOVER MERCHANT oLOCATION ADDRESS mCORPORATE ADDRESS DELIVER STATEMENTS TO: ['LOCATION ADDRESS EICORPORATE ADDRESS DESCRIBE THE MERCHANDISE SOLD OR SERVICE PROVIDED SOFTWARE OR EQUIPMENT TYPE: MERCHANT. City of Tukwila X CORPORATE ME I 1-,n Sign. Sign: /�i'�.OY I.rdr e g Individ I Signature #1 from original app ication Individual Signature #2 from onginal application) Title: CITY ADMINISTRATOR Title FINANCE DIRECTOR Date: 6/2/09 Date: 6/2/09 Pnnt Individual Name. RHONDA BERRY Print Individual Name: SHAWN HUNSTOCK Federal regulations require that we collect information to verify customer identity and that we retain this information in our records. *By providing us your fax number and e-mail address, you agree that we may fax and /or email information to you from time to time regarding our products and services, and third party products and services which may be of interest to you. Payment Processing, Inc. Schedule A Billing Information PAYMENT PROCESSING USE ONLY MERCHANT MCC CARD ACCEPTANCE REQUESTED: APPLICATION ID it CREDIT DEBIT 10407714357 MERCHANT INFORMATION NAME OF CORPORATION OR PARTNERSHIP MERCHANT "DOING BUSINESS AS" NAME Cit Of Tukwila Fire De•t. SCHEDULE A CREDIT /DEBIT CARD SERVICES AND FEE SCHEDULE ANNUAL OR PROJECTED ANNUAL VISA /MASTERCARD VOLUME: AVERAGE OR PROJECTED AVERAGE CREDIT CARD TICKET QUALIFIED CATEGORY NETWORK $150 000.00 245.00 Government (Retail2 Public Sector) FirstData PPI PayMover BANK CARD SERVICES ADDITIONAL SERVICES Pass through Plus RATES (Enter your existing account numbers or mark the services you would like to accept.) NG ACC SERVICE QUALIFIED I QUALIFIED I QUALIFIED ITEM SERVIC E I RATE /FEE ITEM I EXISTINUMBEROUNT VISA CREDIT 0.22 $0.00 AMEX I p ACCEPT VISA DEBIT oA JCB I ACCEPT 3.50% MASTERCARD CREDIT 0.22 °A $0.00 PIN DEBIT* I ACCEPT $0.20 MASTERCARD DEBIT oA oA EBT I ACCEPT DAILY DISCOVER CREDIT 0.22 $0 00 nlcrnl iNT 1 CI ACCEPT N/A N/A DISCOVER DEBIT 1 Mid Qualified transactions are generally non swiped domestic transactions containing the appropriate Address Verification data or corporate transactions containing the appropriate enhanced data, which are settled with 48 hours. Non Qualified transactions are generally transactions that do not fall into the above Qualified or Mid Qualified category *Additional network fees charged by individual debit networks will be passed through to merchant; pin -pad equipment required. *EBB Transactions not qualifying at the Qualified Category will be assessed a downgrade *IPT (Interchange Pass through All transactions will be billed at pass- through of rate of plus pass- through of interchange according to Visa and MasterCard rules and interchange and assessments rates as determined by Visa /MasterCard /Discover The regulations. Qualified Discount Rate above will be charged on all transactions. All Association fees for Services set forth in this Agreement will be passed through to you to reflect all our costs associated with any charges by third parties for online communications, cross border transactions, and similar items. OTHER FEES SERVICES FEE SERVICE FEE SERVICE $0 00 (BATCH SETTLEMENT $0 04 VISA TERMINAL AUTHORIZATION $0.90 (VOICE AUTHORIZATION $0.04 MASTERCARD TERMINAL AUTHORIZATION $0.00 (ADDRESS VERIFICATION $0.04 DISCOVER TERMINAL AUTHORIZATION $5.00 (MONTHLY STATEMENT $0 15 NON BANK CARD TERMINAL AUTHORIZATION $25 00 (MINIMUM DISCOUNT $0.00 ANNUAL FEE $15 00 ICHARGEBACK $0.00 OTHER: $25 00 IACH REJECT $0.00 OTHER: $0 00 APPLICATION FEE $10 00 ONLINE REPORTING ACCEPT m DECLINE American Express ESA American Express Discount Rate OR Flat Monthly Fee $5.95 ❑Retail $0.10 Trans Fee 0.30% CNP Downgrade Annual Volume 1 'Average Ticket I ❑Services, Wholesale All Other $0 15 Trans Fee Pay Frequency Options (Choose one) 3 Day 15 Day 30 Day I Monthly Gross Pay 03% if $100k OR Daily Gross Pay By signing below, I represent that I have read and am authorized to sign and submit this Application on behalf of the entity above and all information I have provided herein is true, complete, and accurate. I authorize American Express Travel Related Services Company, Inc. "American Express') to verify the information in this Application and receive and exchange information about me personally, including by requesting reports from consumer reporting agencies. I authorize and direct American Express to inform me directly, or through the entity above, of reports about me that American Express has requested from consumer reporting agencies. Such information will include the name and address of the agency furnishing the report. I understand that upon American Express' approval of the entity indicated above to accept the American Express Card, the terms and conditions for American Expresser Card Acceptance ("Terms and Conditions) will be sent to such entity along with a Welcome Letter By accepting the American Express Card for the purchase of goods and /or services, or otherwise indicating its intention to be bound, the entity agrees to be bound by the Terms and Conditions. EQUIPMENT (FOR PPI USE ONLY) PPI PayMover COMMENTS Hypercom 4210 provided by PPI at $250. Signature Signature X a TM NM ,�rP -f tr; Print Name of Signer S AI N o i S T(') C K_ Date 3 n `7 CO 2009 All rights reserved. All trademarks, services marks and trade name referenced in this material are the property of their respective owners. ppiO4150S Payment Processing, Inc. 8200 Central Ave. Newark CA 94560 (Ph) 800- 774 -6462 (Fax) 800 -891 -8775 Email: SolutionPros @paypros.com CONFIDENTIAL Payment Processing, Inc. www.paypros.com Page 1 of 1 10- 040(c) Council Approval N/A (p) Payment Processing, Inc. ADDITIONAL LOCATION MERCHANT APPLICATION PAYMENT PROCESSING USE ONLY MERCHANT F MCC CARD ACCEPTANCE REQUESTED: u CREDIT ONLY 4900 DEBIT ONLY E] CREDIT and DEBIT Existing MID: Chain Number' Start Date: MERCHANT INFORMATION* NAME OF CORPORATION OR PARTNERSHIP MERCHANT "DOING BUSINESS AS NAME City Of Tukwila DCD Dept (Building Permits) CORPORATION ADDRESS LOCATION ADDRESS (NO PO BOX) 6200 Southcenter Blvd 6200 Southcenter Blvd CORPORATION CITY, STATE, ZIP LOCATION CITY, STATE, ZIP Tukwila, WA 98188 Tukwila, WA 98188 CORPORATE TELEPHONE NUMBER CORPORATE FAX NUMBER** LOCATION TELEPHONE NUMBER LOCATION FAX NUMBER** (206) 433 -1835 (206) 433 -1833 (206) 433 -1835 (206) 433 -1833 CORPORATE CONTACT LOCATION CONTACT Laurie Anderson Laurie Anderson EMAIL ADDRESS" EMAIL ADDRESS** landerson @ci.tukwila.wa.us landerson @ci.tukwila.wa.us EIN/FEDERAL TAX ID IS YOUR BUSINESS CLOSED PART OF THE HOW LONG AT THIS LOCATION? BUSINESS START DATE (MONTH/YEAR) 91- 6001519 YEAR? ❑YES m NO 32 years 06/1908 DDA TRANSIT /ROUTING NUMBER CREDIT INFORMATION ANNUAL OR PROJECTED ANNUAL AVERAGE OR PROJECTED AVERAGE TOTAL OR PROJECTED SALES: VISAIMASTERCARD VOLUME: CREDIT CARD TICKET $2,040,000 $485 TYPE OF BUSINESS: ANNUAL CREDIT CARD SALES GENERATED BY: TYPE OF OWNERSHIP: RETAIL WHOLESALE RESTAURANT MAID PHONE SOLE OWNERSHIP PARTNERSHIP LODGING MAIL ORDER TELEPHONE ORDER INTERNET JOINT VENTURE LLC CONVENIENCE STORE INTERNET CARD SWIPE PUBLIC CORP 0 PRIVATE CORP HAND -KEYED ITEMS FACE -TO -FACE CONVENIENCE STORE WITH GAS HOME -BASED GOVT CORP NON- PROFIT TOTAL 100% BUSINESS TOBUSINESS gi OTHER Municipal 0 OTHER IF INTERNET BUSINESS, LIST WEBSITE ADDRESS: OWNER/OFFICER SOCIAL SECURITY NUMBER: MAIL/FAX CHARGEBACK/RETRIEVALS TO: AMERICAN EXPRESS MERCHANT DISCOVER MERCHANT DLOCATION ADDRESS mCORPORATE ADDRESS DELIVER STATEMENTS TO: ['LOCATION ADDRESS OICORPORATE ADDRESS DESCRIBE THE MERCHANDISE SOLD OR SERVICE PROVIDED Building Permits SOFTWARE OR EQUIPMENT TYPE: Hypercom T4210 MERCHANT: City Of Tukwila ORPORA E E v07 l l g Sign: !!►�t�/Ji�1�.� A¢� Si ��l 7 Individual Signature #1 froni original application) Individual Signature (#2 from original application) 6/ Title: Finance Director Title: City Administrator Date: 1/20/09 Date: 1/20/09 Print Individual Name: Shawn Hunstock Print Individual Name. Rhonda A. Berry Federal regulations require that we collect information to verify customer identity and that we retain this information in our records. "By providing us your fax number and e-mail address, you agree that we may fax and /or email information to you from time to time regarding our products and services, and third party products and services which may be of interest to you. Oa" Schedule A Billing Information Pnynrn! Procevsing INCORPORATED CorpName DBA City Of Tukwila -DCD Annual Visa /MasterCard /Discover Volume $2,040,000.00 Average Ticket $485.00 Qualified Discount Rates Visa 0.25 $0 15 MasterCard 0.25 $0.15 Discover 0.25 $0 15 Network FirstData PPI PayMover Qualified Category Emerging Mkts (Retail 2 /Merit I) Terminal Authorization Fees Interchange Pass through Visa Authorization $0.00 All transactions will be billed at pass- through of MasterCard Authorization $0.00 interchange and assesments rates as determined by Discover Authorization $0.00 Visa /MasterCard /Discover The Qualified Discount Rate Non- Bankcard Authorization $0.15 above will be charged on all transactions. Address Verification $0.00 Batch Settlement $0.25 Additional Services (enter your existing account numbers or mark the services you would like to accept) American Express JCB PIN Debit* ESA 3.50% Max El Bank Licensed 3.50% El EBT Miscellaneous Fees Voice Authorization $1.50 Chargeback $15.00 Monthly Statement $5.00 ACH Reject $25.00 Minimum Discount $25 00 Application Fee $0.00 PIN -Debit Per Item $0.20 network fees* Additional Location Fee $0.00 Online Reporting $10.00 Hypercom T4210 Terminal (each) $315.00 Check here to decline online reporting Assessments Visa 0.0925% Mastercard 0.095% Discover 0.0925% Additional network fees charged by individual debit networks will be passed through to merchant; PIN -pad equipment required Equipment (For PPI Use Only) Note' See Confirmation Paae item 8 for early termination fees For PPI to request an American Express Number on behalf of the merchant through the Amex ESA Program: By signing below, I /we represent that the information I/we have provided on the Application is complete and accurate and I/we authorize American Express Travel Related Services Company, Inc. "American Express") to verify the information on this Application and to receive and exchange information about me, including, requesting reports from consumer reporting agencies. If I /we ask American Express whether or not a consumer report was requested, American Express will tell me, and if American Express received a report, American Express will give me the name and address of the agency that furnished it. I/We understand that upon American Express' approval of the business entity indicated above to accept the American Express Card, the Terms and Conditions for American Express Card Acceptance "Terms and Conditions will be sent to such business entity along with a Welcome Letter By accepting the American Express Card for the purchase of goods and /or services, I /we agree to be bound by the Terms and Conditions. Amex Volume Rate /Monthly Fee Comments le wn Un5 6c /c i Merchants Printed Name Merchant Signature Date Confidential Payment Processing, Inc. 955697449 10- 040(b) Council Approval N/A )Payment Processing, Inc. ADDITIONAL LOCATION MERCHANT APPLICATION I PAYMENT PROCESSING USE ONLY MERCHANT F MCC CARD ACCEPTANCE REQUESTED: LJ CREDIT ONLY DEBIT ONLY CREDIT and DEBIT Existing MID: Chain Number: Start Date: MERCHANT INFORMATION* NAME OF CORPORATION OR PARTNERSHIP MERCHANT "DOING BUSINESS AS" NAME City of Tukwila CORPORATION ADDRESS LOCATION ADDRESS (NO PO BOX) 6200 Southcenter Blvd 6200 Southcenter Blvd CORPORATION CITY, STATE, ZIP LOCATION CITY, STATE, ZIP Tukwila, WA 98188 6200 Southcenter Blvd CORPORATE TELEPHONE NUMBER CORPORATE FAX NUMBER" LOCATION TELEPHONE NUMBER LOCATION FAX NUMBER" (206) 433 -1835 (206) 433 -1833 (206) 433 -1835 (206) 433 -1833 CORPORATE CONTACT LOCATION CONTACT Laurie Anderson EMAIL ADDRESS" EMAIL ADDRESS" LAnderson @ci.tukwila.wa.us EIN/FEDERAL TAX ID IS YOUR BUSINESS CLOSED PART OF THE HOW LONG AT THIS LOCATION? BUSINESS START DATE (MONTH/YEAR) 91- 6001519 YEARS ❑YES m NO 1977 06/08 DDA TRANSIT /ROUTING NUMBER CREDIT INFORMATION ANNUAL OR PROJECTED ANNUAL AVERAGE OR PROJECTED AVERAGE TOTAL OR PROJECTED SALES: VISA/MASTERCARD VOLUME: CREDIT CARD TICKET TYPE OF BUSINESS: ANNUAL CREDIT CARD SALES GENERATED BY TYPE OF OWNERSHIP: RETAIL WHOLESALE RESTAURANT MAIU PHONE SOLE OWNERSHIP PARTNERSHIP LODGING MAIL ORDER TELEPHONE ORDER INTERNET JOINT VENTURE LLC CONVENIENCE STORE INTERNET CARD SWIPE 100 PUBLIC CORP 0 PRIVATE CORP HAND -KEYED ITEMS FACE -TO -FACE CONVENIENCE STORE WITH GAS HOME -BASED GOVT CORP NON PROFIT TOTAL 100% BUSINESS TOBUSINESS MOTHER Municipal 0 OTHER IF INTERNET BUSINESS, LIST WEBSITE ADDRESS: 1 OWNER/OFFICER SOCIAL SECUiuTY NUMBER: MAIL/FAX CHARGEBACK/RETRIEVALS TO: AMERICAN EXPRESS MERCHANT DISCOVER MERCHANT DLOCATION ADDRESS OCORPORATE ADDRESS DELIVER STATEMENTS TO: ['LOCATION ADDRESS CORPORATE ADDRESS DESCRIBE THE MERCHANDISE SOLD OR SERVICE PROVIDED Utility Billing City Services Utility Billing SOFTWARE OR EQUIPMENT TYPE: MERCHANT: City of Tukwila XC ORPORATENAME Sign: �(/�J1/,���� ��y�,c Sig` fit -d--- i/ In di i ual Signature #1 frorf, origi al appl In 'vid,_,a #2 from origida! aapp ilicat ipnn) Title: 1 10.-Y1 ICJI .L) c Title: e_...11-14 L h0 -311 (.:2� F Date: 1 q ci Date: i "1/ �`'7 z1 Print Individual Name: �l U t(. Y t Y 1_1 Pnnt Individual Name. 3 u Reify in Federal regulations require that we collect information to verify customer identity and that we retain this information in our records. **By providing us your fax number and e-mail address, you agree that we may fax and /or email information to you from time to time regarding our products and services, and third party products and services which may be of interest to you. 10-040(a) Council Approval N/A (p) Payment Processing, Inc. ADDITIONAL LOCATION MERCHANT APPLICATION PAYMENT PROCESSING USE ONLY MERCHANT F MCC CARD ACCEPTANCE REQUESTED: LJ CRLDI I ONLY DEBIT ONLY CREDIT and DEBIT Existing MID: Chain Number: Start Date: MERCHANT INFORMATION* NAME OF CORPORATION OR PARTNERSHIP MERCHANT "DOING BUSINESS AS" NAME City of Tukwila CORPORATION ADDRESS LOCATION ADDRESS (NO PO BOX) 6200 Southcenter Blvd 6200 Southcenter Blvd CORPORATION CITY, STATE, ZIP LOCATION CITY, STATE, ZIP Tukwila, WA 98188 6200 Southcenter Blvd CORPORATE TELEPHONE NUMBER CORPORATE FAX NUMBER LOCATION TELEPHONE NUMBER LOCATION FAX NUMBER (206) 433 -1835 (206) 433 -1833 (206) 433 -1835 (206) 433 -1833 CORPORATE CONTACT LOCATION CONTACT Laurie Anderson EMAIL ADDRESS EMAIL ADDRESS LAnderson @ci.tukwila.wa.us EIN/FEDERAL TAX ID IS YOUR BUSINESS CLOSED PART OF THE HOW LONG AT THIS LOCATION? BUSINESS START DATE (MONTH/YEAR) 91- 6001519 YEAR? YES NO 1977 06/08 ODA TRANSIT /ROUTING NUMBER CREDIT INFORMATION ANNUAL OR PROJECTED ANNUAL AVERAGE OR PROJECTED AVERAGE TOTAL OR PROJECTED SALES: VISA/MASTERCARD VOLUME: CREDIT CARD TICKET: TYPE OF BUSINESS: ANNUAL CREDIT CARD SALES GENERATED BY: TYPE OF OWNERSHIP' RETAIL WHOLESALE RESTAURANT MAIU PHONE SOLE OWNERSHIP PARTNERSHIP LODGING MAIL ORDER TELEPHONE ORDER INTERNET JOINT VENTURE LLC CONVENIENCE STORE INTERNET CARD SWIPE 1 00 PUBLIC CORP 0 PRIVATE CORP HAND -KEYED ITEMS FACE -TO -FACE CONVENIENCE STORE WITH GAS HOME -BASED 11 GOVT CORP NON PROFIT TOTAL 100% BUSINESS TOBUSINESS OTHER Municipal 0 OTHER IF INTERNET BUSINESS, LIST WEBSITE ADDRESS: OWNER/OFFICER SOCIAL SECURITY NUMBER: MAIL/FAX CHARGEBACK/RETRIEVALS TO: AMERICAN EXPRESS MERCHANT DISCOVER MERCHANT ['LOCATION ADDRESS OCORPORATE ADDRESS DELIVER STATEMENTS TO: ['LOCATION ADDRESS VICORPORATE ADDRESS DESCRIBE THE MERCHANDISE SOLD OR SERVICE PROVIDED City Clerk City Services Business Licenses, Passports SOFTWARE OR EQUIPMENT TYPE: MERCHANT: City of Tukwila XCORPORA r ME Sign: Si g 7 4 7 dii Iniii dual Signature (#1 f om o nal epp Individual Sign 11 ature (#2 from original arlication) f Title: i ��c.n l t' I C.�l� 1 Title: L 1 aliV1.1 l�' i`r! K Date: 1 -G n C Date: (--(1 ig `0q Print Individual Name: Shaul U" i t c"QGC___ Print Individual Name: IA Federal regulations require that we collect information to verify customer identity and that we retain this information in our records. *By providing us your fax number and e-mail address, you agree that we may fax and /or email information to you from time to time regarding our products and services, and third party products and services which may be of interest to you. 10 -040 Council Approval N/A (P)Payment Processing, Inc. Application Package Checklist and Instructions Thank you for your interest in our services. To process your application quickly, the following documents must be filled out completely and accurately. If you have questions after reading the instructions or if you have a problem providing some of the required documents please contact Michelle Greenfield, your Account Manager, at 1- 800 774 -6462 x4934. Important: as you complete the application, any cross -outs or changes must be initialed by you. Following the checklist below, fax your completed application package to 1 888 647 3820. It will take 5- 7 days to process your application. Once your application has been approved, a technical representative from PPI will contact you to complete the installation. CHECKLIST Return all items listed below V Merchant Application and Agreement For your convenience, the application fields may be filled out on your computer, and then printed for your signature and date. Return the top two pages of the application; the legal agreement is for your file. Detailed instructions on filling out this form can be found on the following page. Schedule A Billing Information Complete, sign and date at the bottom right of this form B Voided Check Form Funds will be deposited to, and fees debited from the account shown on the voided business check you provide. If checks are not available, a simple letter from your bank (on bank letterhead and signed by a bank representative) with your dba, account number and routing number is acceptable. Temporary checks and deposit slips are not acceptable. Last 3 Months of Credit Card Statements *required only if you've ever accepted credit cards) !D) A Site Photos *required if your business is less than 1 year old) A representative from a 3rd party site inspection company contracted by PPI will contact you to coordinate a time to take pictures of your facility and signage at no cost to you. In most cases, your application cannot move forward without the completion of this inspection. If you have any questions or concerns regarding this inspection, please contact Michelle Boss at 1- 800- 774 -6462 x4934. Business Verification *required if your business is more than 1 year old) Submit one item from two of the categories below (total 2 items submitted). All items submitted must show merchant name /dba and location address. Advertisements Yellow Page ad (copy entire page), magazine ad, coupon, direct mailer, brochure, /flyer, menu, or similar material Ord I nO n Municipal Certificates business license, building permit, health dept. inspection approval, or similar C document J E4 nvoices from a vendor, supplier, or contractor with whom you do business. Utility bills are also acceptable. Inc. P) Payment Processing, y g Voided Check Form Attach Voided Check Here Please attach a voided check from your business checking account to this sheet. Your application cannot be processed without an imprinted voided check or a letter on your bank's stationary that is signed by a bank employee and includes the DBA or Corporate name, account number and routing number. Payment Processing, Inc. Network Cards and use approved specific signage reflecting your policy of accepting only Non -PIN Debit or Credit Cards. Terms and Conditions 1.3.5 Even if you elect not to accept Non -PIN Debit Card transactions as provided above, you may still accept PIN Debit Card transactions if you have signed up for PIN Debit Card Services. 1 Acceptance of Card Transactions 1.4 If your Merchant Application and Agreement is approved by 1.1 The following requirements apply to all Card transactions: a) you Processor, you will be provided Operating Procedures, which contain the cannot establish minimum or maximum amounts as a condition for Operating Procedures, instructions and other directives relating to Card accepting a Card, with the exception that for Discover Network transactions. You agree that if you process Card transactions, you will transactions, you may limit the maximum amount a Discover Network comply with the Operating Procedures for all transactions you process. The Cardholder may spend if, and only if, you have not received a positive current Operating Procedures are also available online at Authorization from the Card Issuer; b) you cannot impose a surcharge or www. oavoros. com /fdmsdocs /Doiooauide0408.Ddf fee for accepting a Card; c) you cannot establish any special conditions for accepting a Card; d) you cannot establish procedures that discourage, 2 Authorization favor or discriminate against the use of any particular Card; however, you 2.1 You must obtain an Authorization for all sales that you submit to us. may choose not to accept either U S. issued Debit Cards or U S issued 2.2 An Authorization only indicates the availability of credit on an account Credit Cards under the terms described in section 1.3; e) you cannot at the time the Authorization is requested. It does not warrant that the require the Cardholder to supply any personal information (e.g., home or person presenting the Card is the rightful Cardholder, nor is it a promise or business phone number; home or business address; or driver's license guarantee that you will not be subject to a Chargeback. If you fail to obtain number) unless instructed by us, except for a mail order /telephone order or an Authorization or if you submit a Card transaction after receiving a delivery required transaction, and ZIP code for a Card present key- entered decline (even if a subsequent Authorization attempt provides an approval), transaction in order to obtain an Address Verification (AVS); f) Any tax your transaction may be assessed fines or fees by the Card Associations required to be collected must be included in the total transaction amount for which you will be responsible. These fines or fees currently range from and not collected in cash; g) you cannot submit any transaction $50 per transaction to $150 To avoid these costs, always obtain an representing the refinance or transfer of an existing Cardholder obligation Authorization directly from your terminal before submitting a transaction for deemed uncollectible; h) you cannot submit a transaction or sale that has settlement. been previously charged back; i) you must deliver at least one copy of the Sales Draft or Credit Draft to the Cardholder; j) you cannot submit a 2.3 Do not attempt to obtain an Authorization provided by someone other transaction or sale to cover a dishonored check. Failure to comply with any than us, except as described in section 2.6. If a Cardholder or another of the Association Rules may result in fines or penalties. service provider provides you with either an Authorization number or with a telephone number for obtaining Authorizations, the Authorization you 1.2 Prohibited Transactions. a) you are prohibited from depositing receive may not be valid. Even if the transaction is initially processed and transactions originating from Cards of owners, partners or officers of your funded, it may be subject to a Chargeback at a later date. Also, if you business establishment except for transactions that are routine in type, size receive an Authorization from someone other than us, we will not have a and frequency for your business and that represent actual sales of goods record of it and will be unable to verify that you received the Authorization if or services. Submission of sales transactions on Cards in order to obtain a it is later questioned in a Chargeback. cash advance is strictly prohibited and may result in immediate cancellation of your account; b) cash payments by and cash disbursements to 2.4 You may not attempt to obtain multiple Authorizations for a single Cardholders are also prohibited. You must not accept any direct payments transaction. If a sale is declined, do not take alternative measures with the from Cardholders for charges of merchandise or services which have been same Card to obtain an approval of the sale from other Authorization included on a Sales Draft; it is the right of the Card Issuer to receive such sources. Instead, request another form of payment. If you accept and payments. You may not make any cash disbursements to a Cardholder as process a transaction that was declined, or attempt to submit multiple part of a Card transaction except to the extent expressly authorized by the transactions and /or multiple Authorizations, you are subject to a Merchant Agreement or the Association Rules. Chargeback, Association fines and /or cancellation of this Merchant Agreement. 1.3 Card Acceptance. If you have indicated either in the Application or by registering with us at least thirty (30) days in advance that, as between 2.5 If you utilize AVS, you must review the response from the Non -PIN Debit Card transactions and Credit Card transactions, you will Authorization separately from the response from the AVS. A transaction limit your acceptance to either (i) only accept Non -PIN Debit transactions; can receive an Authorization from the Card Issuer even if AVS is or (ii) only accept Credit Card transactions, then the following terms in this unavailable or reflects that the address provided to you does not match the section 1.3 will apply billing address on file at the Issuer If the authorized Cardholder disputes such a transaction, you will be responsible for the resulting Chargeback. 1.3.1 You will be authorized to refuse to accept for payment either Non PIN Debit Cards or Credit Cards that are issued within the United States. 2.6 Third Party Authorization System. If you have contracted with You will, however, continue to be obligated to accept all foreign issued another Authorization network to obtain Credit Card Authorization, i.e., your Credit or Debit Cards issued by MasterCard, Visa or Discover Network so terminal can Split Dial, liability resulting from discrepancies with that long as you accept any type of MasterCard, Visa or Discover Network network must be resolved between you and that network. We will not branded Card. research Chargebacks resulting from Authorization Approval Codes obtained from another authorization service organization. Such 1.3.2 While many Debit Cards include markings indicating debit (such as Chargebacks will be passed through to you for resolution. If an "Visa Checkcard, Visa Buxx, Gift Card, DEBIT, or Mastermoney), many Authorization provided by a third party authorization system is challenged Debit Cards do not include any such markings and will not have such in a Chargeback, you must obtain proof (e g., third party authorization logs) markings until January 2007 It will be your responsibility to determine at from the authorization source and submit it to us within the time frame the point of sale whether a Card is of a type that you have indicated that specified on the Chargeback documentation. you will accept. You agree to institute appropriate systems and controls to IF YOU CONTRACTED TO USE ONE OF OUR AUTHORIZATION limit your acceptance to the Card types indicated. You may purchase a SERVICES, DO NOT USE ANOTHER THIRD PARTY SYSTEM table of ranges of numbers currently associated with Debit Card WITHOUT NOTIFYING CUSTOMER SERVICE. OTHERWISE, WE WILL transactions upon execution of confidentiality /non disclosure agreements BE UNABLE TO SUCCESSFULLY RESEARCH AND DEFEND ANY required by the Associations. You will be responsible for updating your AUTHORIZATION RELATED CHARGEBACKS ON YOUR BEHALF systems to utilize such tables and to obtain updated tables. THIS DELAY WILL SIGNIFICANTLY DECREASE YOUR TIME TO 1.3.3 To the extent that you inadvertently or intentionally accept a RESEARCH AND PROVIDE PROOF OF AUTHORIZATION, THUS transaction that you are not registered to accept, such transaction will REDUCING YOUR OPPORTUNITY TO REVERSE A CHARGEBACK. downgrade to a Non Qualified Credit transaction and the Discount Rate If you utilize another authorization network, you will be responsible for the that will be applied to the transaction will be your Non Qualified Rate. downgrade of any transactions to a higher cost interchange that result 1.3.4 Based upon your choice to accept only the Card types indicated in from a mismatch of information to our systems and those of third party authorization networks. the Application, you must remove from your premises any existing signage indicating that you accept all Visa, MasterCard or Discover 2008 Payment Processing Inc. All rights reserved. Page 1 of 8 ppiO408tc Payment Processing Inc., is a registered ISO /MSP for Wells Fargo Bank, N A., Walnut Creek, CA. an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. If you use a third party authorization network, you must also comply with Services. Any request for an increase to these amounts is contingent upon section 4 7 of your Operating Procedures. our prior written approval. 3 Payment Card Industry (PCI) Data Security. You are required to 7 Exclusivity. During the term of this Merchant Agreement, you shall comply with the Payment Card Industry (PCI) Data Security Standards. use us as your exclusive provider of all Services unless we have otherwise These standards are contained in section 4 of your Operating Procedures. specifically agreed in writing. Failure to comply with these standards can result in substantial fines. 8 Fees; Adjustments; Collection of Amounts Due 4 Sales Drafts 8.1 You shall be charged fees for the Services, which shall be calculated 4.1 Each transaction that you submit must be supported by a single Sales and payable pursuant to this Merchant Agreement and any additional Draft containing all of the following: a) a clear imprint of the Card showing pricing supplements. You agree to pay any fines imposed on us by an account number and expiration date; b) the signature of the Cardholder; c) Association or Debit Card network resulting from Chargebacks and any a short description of the goods or services sold; d) the total amount other fees or fines imposed by an Association with respect to your acts or charged; and e) your business name and Merchant number omissions. 4.2 Instead of an imprint of the Card on the Sales Draft, you may rely on 8.2 Discount Rates are charged on all sales and refunds. All Discount the terminal printout of the Card account number on the Sales Draft only in Rates will be deducted daily cases where the terminal is able to successfully read the magnetic stripe 8.3 You acknowledge that for Visa, MasterCard and Discover Network from the Card (i.e., the Card number is not keyed in) and the transaction is transactions, we will process your Card transactions at the Qualified authorized by the terminal without any referral or voice authorization. Discount Rate only when your transactions meet certain criteria set by the 4.3 You may not combine different papers to create a single Sales Draft. applicable Association and us. When your Card transactions fail to meet All the requirements of the Sales Draft must be met by a single page those qualification criteria, we will process your transactions at the higher document. Non Qualified Discount Rate (or, in certain circumstances, at an 4.4 You must timely provide us with copies of any Sales Drafts that we intermediate Mid Qualified Discount Rate) indicated in this Merchant request. Failure to provide us with a valid Sales Draft may result in a Application and Agreement. The current requirements for the Qualified Chargeback. Discount Rate and, if applicable, the Mid- and Non Qualified Discount Rates will be sent to you upon acceptance of your application and are also 4.5 If you accept a transaction where you do not obtain a Sales Draft available for your review by asking your sales representative, calling meeting all of the requirements of section 4 1, you do so at your own risk. customer service, or online at www Mymerchantoffice.com (registration 5 Mail Order; Telephone Order; Internet Transactions and Other required). Card Not Present Sales. You may only engage in mail /telephone /Internet 8.4 The fees for Services set forth in this Agreement may be adjusted to orders provided they do not exceed the percentage of your total payment reflect increases or decreases by Associations in interchange, Card volume reflected on your Merchant Application and Agreement. assessments and other Association fees or to pass through increases Failure to adhere to this requirement may result in cancellation of this charged by third parties for online communications and similar items. All Merchant Agreement, or we may hold your funds and /or interrupt or such adjustments shall be your responsibility to pay and shall become terminate your Services. Mail/Telephone /Internet and other Card Not effective upon the date any such change is implemented by the applicable Present transactions have a substantially higher risk of Chargeback. Since Association or third party you will not have an imprinted or magnetically swiped transaction and you will not have the Cardholder's signature on the Sales Draft as you would in 8.5 Subject to section 16.1, we may also increase the rates and /or fees for a face -to -face transaction, you will assume all risk associated with Services for any other reason by notifying you twenty (20) days prior to the accepting a mail /telephone /Internet or other Card Not Present transaction. effective date of any such change 6 Settlement of Card Transactions 8.6 If you receive settlement funds by wire transfer, we may charge a wire transfer fee per wire. 6.1 We will only be required to settle Card transactions for Card types specified in your Application. Promptly after presentment of Sales Drafts 8.7 .All authorization fees will be charged for each transaction that you pursuant to the Operating Procedures, we will initiate a transfer of the attempt to authorize. All capture fees will be charged for each transaction applicable settlement funds to you. that you transmit to us for settlement. All settlements for Visa, MasterCard and Discover Network Card 9 Electronic Funding transactions will be net of Credits /refunds, adjustments, applicable 9.1 To the extent the Automated Clearing House (ACH) settlement discount fees when due, Chargebacks and any other amounts then due process is used to effect debits or credits to your Settlement Account, you from you. We may also set off from any payments otherwise due, any agree to be bound by the terms of the operating rules of the National amounts owed to our affiliates (and /or affiliates of Bank) whether or not Automated Clearing House Association, as in effect from time to time. You arising out of or related to this Agreement. hereby authorize us to initiate credit and debit entries and adjustments to All Credits to your Settlement Account or other payments to you are your account through the ACH settlement process and /or through direct provisional and are subject to, among other things, our final audit, instructions to the financial institution where your Settlement Account is Chargebacks (including our related losses), fees and fines imposed by the maintained for amounts due under this Agreement and under any Associations. You agree that we may debit or credit your Settlement agreements with us or our affiliates for any related services, as well as for Account for any deficiencies, overages, fees and pending Chargebacks, or any credit entries in error You hereby authorize the financial institution may deduct such amounts from settlement funds due to you. Alternatively, where your Settlement Account is maintained to effect all such debits and we may elect to invoice you for any such amounts, net due thirty (30) days credits to your account. This authority will remain in full force and effect after the invoice date or on such earlier date as may be specified. until we have given written notice to the financial institution where your Settlement Account is maintained that all monies due under this Agreement 6.2 We will not be liable for any delays in receipt of funds or errors in debit and under any other agreements with us or our affiliates for any related and credit entries caused by third parties including but not limited to any services have been paid in full. Association or your financial institution. 9.2 After you submit sales and Credit Drafts, you will receive settlement 6.3 In addition to any other remedies available to us under this funds through ACH Credit. We will initiate a transfer of such applicable Agreement, you agree that should any Event of Default (see section 19 of settlement funds through ACH to your Settlement Account. Settlement by this Merchant Agreement) occur, we may, with or without notice, change ACH Credit generally will take place the second banking day after we processing or payment terms and /or suspend Credits or other payments of process the applicable Card transactions. Settlement funds will be net of any and all funds, money and amounts now due or hereafter to become discount and all other amounts then due from you. due to you pursuant to the terms of this Agreement, until we have had reasonable opportunity to investigate such event. 9.3 If you believe any adjustments should be made with respect to your Settlement Account, you must notify us in writing within forty -five (45) days 6.4 The "Combined Estimated Monthly Volume" and "Estimated Highest after any debit or credit is or should have been effected. If you notify us Ticket/Sales Amount" appearing on your Merchant Application and after such time period, we may, in our discretion, assist you, at your Agreement is the maximum monthly transaction volume and maximum expense, in investigating whether any adjustments are appropriate and Sales Draft amount that you are permitted to submit to us. If you exceed whether any amounts are due to or from other parties, but we shall not these amounts, we may hold your funds and /or interrupt or terminate have any obligation to investigate or effect any such adjustments. Any 2008 Payment Processing Inc. All rights reserved. Page 2 of 8 ppiO408tc Payment Processing Inc., is a registered ISO /MSP for Wells Fargo Bank, N.A., Walnut Creek, CA. an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. voluntary efforts by us to assist you in investigating such matters shall not conditions of this Merchant Agreement, and Association Rules. Your right create any obligation to continue such investigation or any future to receive any amounts due from us is expressly subject and subordinate to investigation. our Chargeback, set -off, lien and security interest rights without regard to 9.4 If after your account has terminated, you fail to instruct us as to where whether such Chargeback, set -off, lien and security interest rights are to transmit funds that we are holding and that are due to you, we may applied to claims that are liquidated, unliquidated, fixed, contingent, deduct from those funds our reasonable costs associated with the matured or unmatured. WE MAY, WITHOUT FURTHER NOTICE, maintenance of such funds on a monthly basis. ELECTRONICALLY DEBIT YOUR SETTLEMENT ACCOUNT TO COVER ALL SUMS OWING TO US PURSUANT TO THIS MERCHANT 9.5 The following is a partial list of reasons for other debits to your AGREEMENT, INCLUDING, BUT NOT LIMITED TO, AMOUNTS OWING Settlement Account. We may add to this list as required: a) Association FOR CHARGEBACKS, RELATED FEES AND FINES IMPOSED BY fees, charges and fines assessed as a result of your transactions, b) CARD ASSOCIATIONS. currency conversion errors; c) fees and Chargebacks not previously charged; and d) deposits posted in error For additional reasons, refer to 12 Representations; Warranties your Operating Procedures. '12.1 Without limiting any other warranties hereunder, you represent and 10 Other Entitlements warrant as to each Card transaction submitted under our Agreement that: a) the Card transaction represents a bona fide sale /rental of merchandise 10.1 American Express is subject to separate approval —rates and fees as or services not previously submitted; b) the Card transaction represents an stated in your Merchant Application and Agreement are based on Merchant obligation of the Cardholder for the amount of the Card transaction; c) the type and estimated volume and are subject to change. A Discount Rate will amount charged for the Card transaction is not subject to any dispute, be collected by American Express. A $5.95 Monthly Fee is mandatory for setoff or counterclaim; d) the Card transaction amount is only for the all American Express mail order, telephone order, home -based and Internet merchandise or services (including taxes, but without any surcharge e) sold physical delivery Merchants for up to $5,000.00 in charge volume within or rented and, except for any delayed delivery or advance deposit Card any consecutive 12 -month period and will be assessed by American transactions expressly authorized by this Agreement, the merchandise or Express. This monthly fee applies to online statements. Paper statements service was actually delivered to or performed for the person entering into may be subject to additional fees. American Express pay frequency is three the Card transaction simultaneously upon your accepting and submitting (3) days. the Card transaction for processing; e) the Card transaction does not 10.2 JCB is subject to separate approval —rates and fees as stated in your represent the refinancing of an existing obligation of the Cardholder Merchant Application and Agreement are based on Merchant type and (including any obligation otherwise owed to you by a Cardholder or arising estimated volume and are subject to change. By executing this Merchant from the dishonor of a personal check), f) you have no knowledge or notice Application and Agreement, you hereby request that Processor relay JCB of any fact, circumstances or defense which would indicate that the Card Cards for Authorization, data capture and funding. transaction was fraudulent or not authorized by the Cardholder or which 11 Chargebacks would otherwise impair the validity or collectability of the Cardholder's obligation arising from such Card transaction or relieve the Cardholder from 11.1 You are responsible for reimbursing us for any transaction that is liability with respect thereto; g) the Card transaction submitted to us was charged back by the Card Issuer and /or the Cardholder and for related entered into by you and the Cardholder; h) the Card transaction was made fees. See the Operating Procedures for additional information regarding in accordance with this Merchant Agreement, Association Rules and the Chargebacks and Chargeback procedures. You shall reimburse us for any Operating Procedures, and i) the Card transaction is not a payment for a Chargebacks, return items, or other losses resulting from your failure to product or service that violates federal, state or local law in any jurisdiction produce a Card transaction record requested by us within the applicable that may be applicable. time limits. 12.2 THIS AGREEMENT IS A SERVICE AGREEMENT WE DISCLAIM 11.2 Among the reasons that a transaction may be charged back are: a) a ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, Cardholder disputes the validity of a transaction, b) a Cardholder disputes MADE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT the quality or receipt of goods or services; c) a copy of the Sales Draft LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, was not provided when requested, or the copy provided was improperly MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR completed or illegible in whole or in part; d) a Credit was not provided to OTHERWISE OF ANY SERVICES OR ANY GOODS PROVIDED the Cardholder; e) the transaction was not authorized by the Card Issuer INCIDENTAL TO THE SERVICES PROVIDED UNDER THIS at the time of sale, or efforts were made to avoid a decline of the AGREEMENT, INCLUDING WITHOUT LIMITATION ANY SERVICES OR Authorization (such as, but not limited to, attempts to obtain an ANY GOODS PROVIDED BY A THIRD PARTY Authorization after receiving either a decline or a referral to a call center or splitting a sale across multiple transactions of the same Card); f) the Sales 13 Limitations on Liability; Exclusion of Consequential Damages Draft was not imprinted using an imprinting machine (an electronic swipe 13.1 IN NO EVENT SHALL EITHER PARTY, OR THEIR AFFILIATES OR of the magnetic stripe on the Card may only substitute for a manual ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, imprint if the transaction is electronically authorized by the terminal after AGENTS OR SUBCONTRACTORS, BE LIABLE UNDER ANY THEORY the swipe. In situations where the account number is keyed into the OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY terminal or where the terminal provides a referral response, a physical FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS imprint of the Card on the Sales Draft is mandatory); g) all mail OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, order /telephone order and Internet sales are at your risk and are subject INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS to Chargeback; or h) any other circumstance where a transaction is HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, charged back. REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE 11.3 You will incur a Chargeback Fee each time a transaction is charged OR WHETHER ANY PARTY OR ANY ENTITY HAS BEEN ADVISED OF back to you. If we reverse a Chargeback on your behalf and the Card THE POSSIBILITY OF SUCH DAMAGES MERCHANT Issuer disputes the reversal (which may occur through a subsequent ACKNOWLEDGES AND AGREES THAT PAYMENT OF ANY EARLY Chargeback, a pre- arbitration demand or an arbitration demand), the CANCELLATION FEE OR LIQUIDATED DAMAGES AS PROVIDED transaction may be charged back again, and you will incur an additional ELSEWHERE IN THIS AGREEMENT SHALL NOT BE PROHIBITED BY Chargeback Fee. You may also be charged an arbitration fee of up to $500 THIS PARAGRAPH. and /or incur "good faith" collection fees in connection with a disputed 13.2 NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE Chargeback. CONTRARY (INCLUDING BUT NOT LIMITED TO SECTION 13.3 or 22), 11.4 You must maintain sufficient funds in your designated Settlement OUR CUMULATIVE LIABILITY FOR ALL LOSSES, CLAIMS, SUITS, Account to cover all Chargebacks and related fees. Simultaneously, with CONTROVERSIES, BREACHES OR DAMAGES FOR ANY CAUSE each transaction processed by you, we have a contingent and unmatured WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, THOSE ARISING claim against you for any amount we must pay as a result of your OUT OF OR RELATED TO THIS AGREEMENT) AND REGARDLESS OF processing of transactions, including, but not limited to, any Chargebacks, THE FORM OF ACTION OR LEGAL THEORY SHALL NOT EXCEED, (I) fees, discounts, customer Credits and adjustments, charges, fines, $50,000; OR (II) THE AMOUNT OF FEES RECEIVED BY US PURSUANT assessments and penalties. All settlements or Credits given or payment TO THE AGREEMENT FOR SERVICES PERFORMED IN THE made by us to you in connection with your transactions are provisional, and IMMEDIATELY PRECEDING TWELVE (12) MONTHS, WHICHEVER IS subject to revocation, Chargeback or refund, subject to the terms and LESS. 2008 Payment Processing Inc. All rights reserved. Page 3 of 8 ppiO408tc Payment Processing Inc., is a registered ISO /MSP for Wells Fargo Bank, N A Walnut Creek, CA. an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. 13.3 NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE Services pursuant to section 8.5 or 18, you may terminate the Merchant CONTRARY (INCLUDING BUT NOT LIMITED TO SECTION 22), OUR Agreement upon written notice received by Processor from you prior to the LIABILITY FOR ANY DELAY IN FUNDING TRANSACTIONS TO YOU effective date of such change, and, if applicable, no Early Cancellation Fee FOR ANY REASON WILL BE LIMITED TO INTEREST COMPUTED will be charged. However, your continued use of our Services after the FROM THE DATE THAT YOU SUBMIT THE TRANSACTION TO THE effective date of any increase shall be deemed acceptance of the increased DATE THAT WE FUND THE TRANSACTION AT THE RATE OF THE fees for Services, throughout the term of this Agreement. FEDERAL FUNDS, AS ESTABLISHED BY THE FEDERAL RESERVE 16.2 Neither the expiration nor termination of this Agreement shall BOARD FROM TIME TO TIME, LESS ONE PERCENT (1 terminate the obligations and rights of the parties pursuant to provisions of 14 Confidentiality. Unless you obtain consents from us and each this Agreement which by their terms are intended to survive or be perpetual applicable Association, Card Issuer and Cardholder, you must not use, or irrevocable. Such provisions shall survive the expiration or termination of disclose, store, sell or disseminate any Cardholder information obtained in this Agreement. All obligations by you to pay or reimburse us for any connection with a Card transaction (including the names, addresses and obligations associated with transactions you have submitted to us are Card account numbers of Cardholders) except for purposes of authorizing, intended to survive termination of this Agreement. completing and settling Card transactions and resolving any Chargebacks, 16.3 Notwithstanding any other provision of this Merchant Agreement, we Retrieval Requests or similar issues involving Card transactions, other than may terminate this Merchant Agreement with or without cause at any time pursuant to a court or governmental agency request, subpoena or order by providing thirty (30) days' advance notice to you You shall use proper controls for and limit access to, and render unreadable prior to discarding, all records containing Cardholder account 17 Early Cancellation Fee numbers and Card imprints. You may not retain or store Magnetic Stripe 17.1 If a) you elect to cancel this Merchant Agreement prior to the data or Card Validation Codes after a transaction has been authorized. If expiration of the initial term, as designated in the Initial Term of Merchant you store any electronically captured signature of a Cardholder, you may Agreement section of your Merchant Application and Agreement; or b) this not reproduce such signature except upon our specific request. Merchant Agreement is terminated by us prior to the expiration of the initial You acknowledge that you will not obtain ownership rights in any term due to an Event of Default, we will suffer a substantial injury for which information relating to and derived from Card transactions. it is impracticable or extremely difficult to fix actual damages. In an effort to liquidate in advance the sum that should represent such damages, you 15 Assignments agree to pay us as an "Early Cancellation Fee" the amount of three 15.1 Any transfer or assignment of this Agreement by you, without our prior hundred dollars ($300 00). This sum represents a reasonable pre- estimate written consent, by operation of law or otherwise, is voidable by us. of the losses that we will incur as a result of the cancellation of this Furthermore, you shall indemnify and hold us harmless from all liabilities, Merchant Agreement prior to the expiration of the initial term of the Chargebacks, expenses, costs, fees and fines arising from such Merchant Agreement. transferee's or assignee's Submission of Card transactions to us for 18 Amendments. Subject to section 16.1, we may amend this Merchant processing. For purposes of this section 15, any transfer of voting control Agreement at any time by providing written notice to you of any shall be considered an assignment or transfer of this Agreement. amendment at least twenty (20) days prior to the effective date of the Upon notice to you, another Visa and MasterCard member may be amendment. substituted for Bank under whose sponsorship this Agreement is performed However, for changes in the Association Rules or for security reasons, with respect to Visa and MasterCard transactions. Upon substitution, such certain changes in Card procedures may become effective on shorter other Visa and MasterCard member shall be responsible for all obligations notice. required of Bank for Visa and MasterCard transactions, including without 19 Events of Default limitation, full responsibility for its bank card program and such other obligations as may be expressly required by applicable Association Rules. 19.1 If any of the following events shall occur (each an "Event of Default Subject to Association Rules, we may assign or transfer this Agreement we may immediately terminate this Merchant Agreement without notice: a) and our rights and obligations hereunder and /or may delegate our duties a material adverse change in your business, financial condition, business hereunder, in whole or in part, to any third party, whether in connection with procedures, prospects, products or services, or b) any assignment or a change in sponsorship, as set forth in the preceding sentence, or transfer of voting control of you or your parent; or c) a sale of all or a otherwise, without notice to you or your consent. substantial portion of your assets; or d) irregular Card sales by you, 15.2 The payment services provided by us require access to a single bank Excessive Chargebacks, or any other circumstances which, in our sole account in which we may initiate both credits and debits. Without our discretion, may increase our exposure for your Chargebacks or otherwise written consent, you may not enter into any agreement that would require, present a financial or security risk to us; or e) nonconformance with any in any circumstance or event, the transfer of any payments or proceeds applicable data security standards, as determined by Servicers, any Card from Credit Card transactions covered by this Agreement to the custody or Association, or any other entity, or an actual or suspected data security control of any third party Without our written consent, you may not assign breach; or f) any of your representations or warranties in this Agreement any rights, including the right of payment under this Agreement, to any are breached in any material respect or are incorrect in any material other person. In the event that you make an assignment (or provide a respect when made or deemed to be made; or g) you shall default in any security interest) of receivables covered by this Agreement, then we may, material respect in the performance or observance of any term, covenant, at our option, elect to: a) refuse to acknowledge such assignment unless condition or agreement contained in this Agreement, including, without accompanied by an Authorization to both initiate debits or credits to the limitation, the establishment or maintenance of funds in a Reserve Account, bank account of the assignee; b) terminate this Agreement immediately; or as detailed in section 20; or h) you shall default in any material respect in c) charge for any transfers that we are called upon to make manually to the performance or observance of any term, covenant or condition fulfill such an assignment at the rate of $100 per transfer. contained in any agreement with any of our affiliates; or i) you shall default in the payment when due, of any material indebtedness for borrowed Except as set forth elsewhere in this section and as provided in the money; or j) you shall file a petition or have a petition filed by another party following sentence, this Agreement shall be binding upon successors and under the Bankruptcy Code or any other laws relating to bankruptcy, assigns and shall inure to the benefit of the parties and their respective insolvency or similar arrangement for adjustment of debts, consent to or fail permitted successors and assigns. No assignee for the benefit of creditors, to contest in a timely and appropriate manner any petition filed against it in custodian, receiver, trustee in bankruptcy, debtor in possession, or other an involuntary case under such laws; apply for or consent to, or fail to person charged with taking custody of a party's assets or business, shall contest in a timely and appropriate manner, the appointment of, or the have any right to continue, assume or assign this Agreement. taking of possession by, a receiver, custodian, trustee or liquidator of itself 16 Term of Agreement or of a substantial part of its property; or make a general assignment for the 16.1 Term and Termination. This Merchant Agreement shall become benefit of creditors; or take any corporate action for the purpose of effective when accepted by Processor and Bank. The term of this Merchant authorizing any of the foregoing; or k) your independent certified Agreement shall be for the initial term of three (3) years after it becomes accountants shall refuse to deliver an unqualified opinion with respect to effective and shall continue month to month thereafter If you elect to your annual financial statements and your consolidated subsidiaries; or I) a terminate this Merchant Agreement, you shall provide us with written notice violation by you of any applicable law or our reasonable belief that of termination at least thirty (30) days prior to the expiration of your current termination of this Agreement or suspension of Services is necessary to term. In the event we provide notice to you of an increase in the fees for comply with any law including without limitation the rules and regulations promulgated by the Office of Foreign Assets Control of the US Department 2008 Payment Processing Inc. All rights reserved. Page 4 of 8 ppiO408tc Payment Processing Inc., is a registered ISO /MSP for Wells Fargo Bank, N A Walnut Creek, CA. an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. of the Treasury or your breach, as determined by Servicers, of section 27 6 under applicable law and not by way of limitation of any such rights, "Compliance with Laws Servicers are hereby authorized by you at any time and from time to time, 19.2 After termination of this Agreement for any reason whatsoever, you without notice or demand to you or to any other person (any such notice shall continue to bear total responsibility for all Chargebacks, fees, credits and demand being hereby expressly waived), to set off, recoup and to and adjustments resulting from Card transactions processed pursuant to appropriate and to apply any and all such funds against and on account of this Agreement and all other amounts then due or which thereafter may your obligations to Servicers and their affiliates under this Agreement and become due under this Agreement. any other agreement with Servicers or any of Servicers' affiliates for any related equipment or related services (including any check guarantee and 19.3 In the event you file for protection under the Bankruptcy Code or any check verification services), whether such obligations are liquidated, other laws relating to bankruptcy, insolvency, assignment for the benefit of unliquidated, fixed, contingent, matured or unmatured. You agree to duly creditors or similar laws, and you continue to use our services, it is your execute and deliver to Servicers such instruments and documents as responsibility to open new accounts to distinguish pre and post filing Servicers may reasonably request to perfect and confirm the lien, security obligations. You acknowledge that as long as you utilize the accounts you interest, right of set off, recoupment and subordination set forth in this established prior to such filing, we will not be able to systematically Agreement. segregate your post filing transactions or prevent set -off of the pre- existing obligations. In that event, you will be responsible for submitting an 21 Financial and Other Information accounting supporting any adjustments that you may claim. 21.1 You will provide to us financial statements and other information 19.4 The Associations often maintain lists of Merchants who have had their concerning your business and your compliance with the terms and Merchant Agreements or Card Acceptance rights terminated for cause. If provisions of this Merchant Agreement as we may reasonably request. You this Merchant Agreement is terminated for cause, or if you voluntarily will provide us with written notice of any judgment, writ, warrant of terminate this Agreement and grounds for termination for cause exists, you attachment, execution or levy against any of your assets not later than acknowledge that we may be required to report your business name and three (3) days after you become aware of same. You authorize us to obtain the names and other information regarding your principals to the from third parties financial and credit information relating to you in Associations for inclusion on such list(s). You expressly agree and consent connection with our determination whether to accept this Merchant to such reporting if you are terminated as a result of the occurrence of an Agreement and our continuing evaluation of the financial and credit status Event of Default or for any reason specified as cause by Visa, MasterCard of you. We may also access and use information which you have provided or Discover Network or if such reasons exist at the time of your voluntary to Bank for any other reason. Upon request, you shall provide to us or our termination. Furthermore, you agree to waive and hold us harmless from representatives reasonable access to your facilities and records for the and against any and all claims which you may have as a result of such purpose of performing any inspection and /or copying of your books and /or reporting. records deemed appropriate. 20 Reserve Account; Security Interest 21.2 From time to time, we may determine that an inspection of your business location is necessary In such event, you shall pay the costs 20.1 You expressly authorize us to establish a Reserve Account in an incurred by us for such inspection, including, but not limited to, costs amount to be set by us in our sole discretion, based upon, among other incurred for airfare and hotel accommodations. Prior to the imposition of things, your processing history and the potential risk of loss to us as we such costs, we shall notify you in writing of our intention to impose such may determine from time to time. If your funds in the Reserve Account are costs and provide you with an estimate as to the amount of such costs. not sufficient to cover the Chargebacks, adjustments, fees and other Your written consent to pay such costs shall not be unreasonably withheld. charges due from you, or if the funds in the Reserve Account have been released, you agree to promptly pay us such sums upon request. 22 Indemnification 20.2 Such Reserve Account may be funded by all or any combination of the 22.1 You agree to indemnify and hold us harmless from and against all following: (i) one or more debits to your Settlement Account or any other losses, liabilities, damages and expenses. a) resulting from any breach of accounts held by Bank or any of its affiliates, or any other account at any any warranty, covenant or agreement or any misrepresentation by you financial institution vested in the name of Merchant, any of its principals, or under this Agreement; b) arising out of your or your employees' or your any of its guarantors, or if any of same are authorized signers on such agents' negligence or willful misconduct, in connection with Card account; (ii) any payments otherwise due to you, including any amount due transactions or otherwise arising from your provision of goods and services from TeleCheck; (iii) your delivery to us of a letter of credit; or (iv) if we so to Cardholders; c) arising out of your use of our Service, or d) arising out of agree, your pledge to us of a freely transferable and negotiable certificate any third party indemnifications we are obligated to make as a result of of deposit. Any such letter of credit or certificate of deposit shall be issued your actions (including indemnification of any Association or Card Issuer), or established by a financial institution acceptable to us and shall be in a provided, however, that attorney's fees are not recoverable as a loss, form satisfactory to us. In the event of termination or expiration of this liability or expense. Agreement by any party, an immediate Reserve Account may be 22.2 We agree to indemnify and hold you harmless from and against all established without notice in the manner provided above. Any Reserve losses, liabilities, damages and expenses resulting from any breach of any Account will be held by us for the greater of ten (10) months after warranty, covenant or agreement or any misrepresentation by us under this termination or expiration of this Agreement or for such longer period of time Agreement or arising out of our or our employees' gross negligence or as is consistent with our liability for Card transactions and Chargebacks in willful misconduct in connection with this Agreement; provided, however, accordance with Association Rules. Your funds will be held in an account that attorney's fees are not recoverable as a loss, liability or expense, commingled with reserve funds of our other Merchants, without except as to attorney's fees incurred by us in defending actions by any third involvement by an independent escrow agent. Unless specifically agreed in parties against us or any party that we are obligated to indemnify writing by us or specifically required by applicable law, funds held by us in a 23 Special Provisions for PIN Debit Transactions, EBT and Wireless Reserve Account shall not accrue interest. Notwithstanding the foregoing, Services. Your acceptance of PIN Debit Transactions and EBT we shall be entitled to accrued interest on any such held funds. transactions, and your use of any Wireless Services, are governed by 20.3 To secure your obligations to Servicers and our affiliates under this specific provisions of the Operating Procedures. In accepting these Agreement and any other agreement for the provision of related equipment transactions or using these services, you agree to abide by these or related services (including any obligations for which payments on provisions, and failure to do so may result in additional fees. Your Wireless account of such obligations are subsequently invalidated, declared to be Access Fee as indicated in your Merchant Application and Agreement is for fraudulent or preferential, set aside or required to be repaid to a trustee, payment processing services only Any use of your wireless product for receiver or any other party under any bankruptcy act, state or federal law, services other than for payment processing services may result in common law or equitable cause), you grant to Servicers a first priority lien additional fees. and security interest in and to:- (i) the Reserve Account; and (ii) any of your 24 Processing Related Equipment funds pertaining to the Card transactions contemplated by this Agreement 24.1 YOU WARRANT THAT ANY PROCESSING EQUIPMENT AND /OR now or hereafter in the possession of Servicers, whether now or hereafter SOFTWARE YOU OBTAIN IS FOR A COMMERCIAL PURPOSE AND IS due or to become due to you from Servicers. Any such funds, money or NOT FOR HOME OR PERSONAL USE. Unless otherwise provided for in a amounts now or hereafter in the possession of Servicers may be commingled with other funds of Servicers, or, in the case of any funds held separate sales agreement, the sale of all processing equipment is between pursuant to the foregoing paragraphs, with any other funds of other you and third parties, including, but not limited to, our independent sales customers of Servicers. In addition to any rights now or hereafter granted agents and representatives. 2008 Payment Processing Inc. All rights reserved Page 5 of 8 ppiO408tc Payment Processing Inc., is a registered ISO /MSP for Wells Fargo Bank, N.A., Walnut Creek, CA. an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners 24.2 YOU ACKNOWLEDGE THAT ANY EQUIPMENT AND /OR 27.5 Association Rules. The parties acknowledge that the Visa, SOFTWARE YOU OBTAIN MAY NOT BE COMPATIBLE WITH ANOTHER MasterCard and Discover Network Association Rules give Visa, PROCESSOR'S SYSTEMS WE DO NOT HAVE ANY OBLIGATION TO MasterCard and Discover Network certain rights to require termination or MAKE SUCH EQUIPMENT AND /OR SOFTWARE COMPATIBLE WITH modification of this Agreement with respect to transactions involving Visa, ANY OTHER PROCESSING SYSTEMS IN THE EVENT THAT YOU MasterCard and Discover Network Cards and the Visa, MasterCard and ELECT TO USE ANOTHER PROCESSING SERVICE PROVIDER UPON Discover Network Card systems and to investigate you. The parties also THE TERMINATION OF THIS MERCHANT AGREEMENT, YOU acknowledge that issuers of other Cards, for which we perform services on ACKNOWLEDGE THAT YOU MAY NOT BE ABLE TO USE THE your behalf, may have similar rights under their applicable Association EQUIPMENT AND /OR SOFTWARE THAT YOU HAVE OBTAINED Rules with respect to this Agreement's applicability to transactions involving 24.3 We may upgrade or otherwise modify our computer system at any such other Cards. time without prior notice. You agree to provide us access to your 27.6 Compliance with Laws. In performing its obligations under this processing equipment in the event that we deem it necessary as part of our Agreement, each party agrees to comply with all laws and regulations upgrade or system modification. applicable to it. You further agree to cooperate and provide information 25 Special Provisions Regarding Merchant Websites and Gateway requested by Servicers, as Servicers determine necessary, to facilitate Services Servicers compliance with any applicable law including without limitation the rules and regulations promulgated by the Office of Foreign Assets 25.1 A gateway service provides you with an interface between you and Control of the US Department of the Treasury your customers so you can accept sales from your customers over the Internet. Your choice of a third party gateway service provider is subject to 27.7 Except as otherwise specifically provided, all notices and other our approval. Notwithstanding any gateway service provider offered, communications required or permitted hereunder (other than those suggested, or referenced by us or our sales agent, Yyou acknowledge that involving normal operational matters relating to the processing of Card all issues concerning your gateway service, including, but not limited to, its transactions) shall be in writing and, if sent by us to you, by mail, courier or service and functionality, are solely between you and your gateway service fascimile at your address appearing on your Merchant Application and provider The fees and terms for your gateway service and any services or Agreement, or any other address you provide notice to us in a manner products offered by your gateway service are set forth in the Merchant consistent with this paragraph, or by any electronic means including without Agreement or, if applicable, stated in a separate agreement between you limitation, via Mymerchantoffice.com, and if sent by you to us, by mail or and your chosen gateway service provider courier at Payment Processing, Inc., 8200 Central Avenue, Newark, CA 94560 25.2 Programming of your website, technical support, and its functionality with the gateway service provider you have chosen, are your sole 28 GLOSSARY As used in this Merchant Agreement, the terms below responsibility We shall not be liable in any manner whatsoever for any will have the following meanings. errors, disruptions or security breaches related to your Internet business or Acquirer. Banks in the case of MasterCard and Visa transactions or website. You shall be liable to us for all fees and liabilities incurred under network acquirers in the case of Discover Network transactions that this Merchant Agreement notwithstanding any errors, disruptions or acquire Card sale transactions from merchants such as yourself. security issues related to your Internet business or website. Address Verification. A service provided through which the merchant 26 Waiver of Trial by Jury. ALL PARTIES IRREVOCABLY WAIVE ANY verifies the Cardholder's address, in whole or in part. Primarily used by AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY Mail/Telephone /Internet order merchants. Address verification is intended JUDICIAL PROCEEDING INVOLVING ANY CLAIM RELATING TO OR to deter fraudulent transactions, however, it is not a guarantee that a ARISING UNDER THIS MERCHANT AGREEMENT OR THE SERVICES transaction is valid. PROVIDED BY US. Agreement. The agreement among Merchant, Processor and Bank, any 27 Other Provisions attachments, addenda, schedules thereto, each as amended from time to 27.1 No party shall be liable for any default or delay in the performance of time, all of which collectively constitute the agreement among the parties. its obligations under this Merchant Agreement if and to the extent such Association. Any entity formed to administer and promote Cards, default or delay is caused, directly or indirectly, by (i) fire, flood, including, without limitation, MasterCard International, Inc., VISA U S.A., earthquake, elements of nature or other acts of God; (ii) any terrorist Inc., and VISA International, Inc., Discover Financial Services LLC attacks or outbreak or escalation of hostilities, war, riots or civil disorders in "Discover Network ")and any applicable debit networks. any country; (iii) any act or omission of the other party or any government Association Rules. The rules, regulations, releases, interpretations and authority; (iv) any labor disputes (whether or not employees' demands are other requirements (whether contractual or otherwise) imposed or adopted reasonable or within the party's power to satisfy); or (v) the by any Association. nonperformance by a third party for any similar cause beyond the reasonable control of such party, including, without limitation, failures or Authorization. Approval by, or on behalf of, the Card Issuer to validate a fluctuations in telecommunications or other equipment. In any such event, transaction for a Merchant or another affiliate bank. An Authorization the nonperforming party shall be excused from any further performance indicates only the availability of the Cardholder's credit limit at the time the and observance of the obligations so affected only for as long as such Authorization is requested. circumstances prevail and such party continues to use commercially Authorization Approval Code. A number issued to a participating reasonable efforts to recommence performance or observance as soon as merchant by the Authorization Center which confirms the Authorization for practicable. Notwithstanding anything to the contrary in this paragraph, a sale or service. your failure to receive payment or funds from a third party shall not excuse Bank. Member of MasterCard and Visa that clears transactions for these the performance of your obligations to us under this Merchant Agreement. Associations. 27.2 The headings contained in this Agreement are for convenience of reference only and shall not in any way affect the meaning or construction Batch. A single Submission to us of a group of transactions (sales and of any provision of this Agreement. Credits) for settlement. A Batch usually represents a day's worth of transactions. 27.3 If there are any inconsistencies between the Merchant Application and Agreement ?nd the Operating Procedures, the Merchant Application and Card. See either Credit Card or Debit Card. Agreement will govern. If any part of the Merchant Agreement is not Card Issuer. The bank or Association that issues a Card to an individual. enforceable, the remaining provisions shall remain valid and enforceable. Card Not Present Sale /Transaction. A transaction that occurs when the The parties intend every provision of this Agreement to be severable. If any Card is not present at the point -of -sale, including Internet, mail -order and part of this Agreement is not enforceable, the remaining provisions shall telephone -order Card sales. remain valid and enforceable. Cardholder. The individual whose name is embossed on a Card (or Debit 27.4 Entire Agreement; Waiver. This Agreement constitutes the entire Card, as applicable) and any authorized user of such Card. agreement between the parties with respect to the subject matter thereof, Cash Over Transaction. Dispensing of cash by a merchant in connection and supersedes any previous agreements and understandings. A party's with a Card sale, other than a PIN Debit Card transaction, for the waiver of a breach of any term or condition of this Agreement shall not be purchase of goods or services. deemed a waiver of any subsequent breach of the same or another term or condition. 2008 Payment Processing Inc. All rights reserved. Page 6 of 8 ppiO408tc Payment Processing Inc., is a registered ISO /MSP for Wells Fargo Bank, N.A Walnut Creek, CA. an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. Chargeback. The procedure by which a Sales Draft or other indicator of a Merchant Application. The Application portion of the Merchant Application Card transaction (or disputed portion thereof) is returned to Bank, the and Agreement, sometimes referred to as the "Application" Acquirer or the Issuer, the liability for which is the Merchant's responsibility Monthly Account Fee. A recurring monthly fee, as indicated in your Chargeback Fee. A fee incurred each time a transaction is charged back Merchant Application and Agreement, for maintaining an account with to you. Processor Credit. A refund or price adjustment given for a previous purchase Monthly Customer Service Fee. A recurring monthly fee, as indicated in transaction. your Merchant Application and Agreement, for customer service access. Credit Card. A valid Card bearing the service mark of Visa, MasterCard Monthly Minimum Fee for MasterCardNisa /Discover Network. A fee, as or Discover Network or a valid Card issued by any other Association. indicated in the Merchant Application and Agreement, less the net Discount Rates, if any, for your MasterCardNisa /Discover Network transactions Credit Draft. A document evidencing the return of merchandise by a during the month Cardholder to a Merchant, or other refund made by the Merchant to the Cardholder Non -PIN Debit Transaction. A transaction in which a Debit Card is used at a Merchant location bearing a MasterCard, Visa or Discover Network logo, Debit Card. A Card used at a Merchant location bearing a MasterCard or but where the Cardholder does not enter a PIN Visa logo and /or the marks of ATM networks (such as MAC, NYCE, Star) Operating Procedures. The then current manual prepared by Processor, where the Card Issuer is not extending credit to the Cardholder, but where containing operating procedures, instructions and other directives relating the Card is connected to either a deposit account, a prepaid account or a to Card transactions. If you process Card transactions, you must comply prepaid benefit account. with the Operating Procedures. The current Operating Procedures are Debit Network Processing Fees. Fees charged by PIN Debit networks for available online at www. oavoros. com /fdmsdocs /ooiooauide0408.odf processing PIN Debit Transactions. In addition to any Debit Network PIN. A Personal Identification Number entered by the Cardholder to Processing Fees, Merchant will also pay the Debit Card /ATM transaction submit a PIN Debit Card transaction. fee as indicated in the Merchant Application and Agreement. Debit Network Processing Fees are subject to change without notice. PIN Debit Card. A Debit Card used at a merchant location by means of a Dial -Up Terminal. An Authorization device which, like a telephone, dials an Cardholder- entered PIN in the merchant PIN Pad. PIN Debit Cards bear Authorization center for validation of transactions. the marks of ATM networks (such as NYCE, Star). Discount Rate. An amount charged for processing Credit Card PIN Debit Transaction. A transaction in which a Debit Card is used at a transactions or Non -PIN Debit Transactions. Discount Rates are charged Merchant location by means of a Cardholder-entered Personal on all sales and refunds. The discount rates for mid qualifying and non- Identification Number (PIN) in the Merchant PIN Pad. PIN Debit Cards bear qualifying transactions are higher as described in section 8.3 and the the marks of ATM networks (such as MAC, NYCE, STAR) "Discount Rates" section of the Merchant Application and Agreement. Processor. Payment Processing, Inc., or any successor, transferee, Early Cancellation Fee. A fee in the amount of three hundred dollars assignee or delegate thereof ($300 00), charged in the event that: a) you elect to cancel this Merchant Recurring Payment Indicator. A value used to identify transactions for Agreement prior to the expiration of the initial term of the Merchant which a consumer provides permission to a Merchant to bill the Agreement; or b) the Merchant Agreement is terminated prior to the consumer's Card account at either a predetermined interval or as agreed expiration of the initial three (3) year term due to an Event of Default, by the Cardholder for recurring goods or services. except as provided in section 16.1 Referral. The message received from a Card Issuer when an attempt for Electronic Benefit Transfer (EBT). An electronic system that allows a Authorization requires a call to the Voice Authorization Center or Voice government benefit recipient to authorize the transfer of his /her benefits Response Unit (VRU). from a federal, state or local government account to a Merchant account to pay for products and services received. Reserve Account. A fund established and managed by us to protect against actual or contingent liability arising from Chargebacks, adjustments, Electronic Data Capture (EDC). A process which allows a merchant's fees and other charges. Dial -Up Terminal to receive Authorization and capture transactions, and electronically transmit them to a Card processor This eliminates the need Retrieval Request/Transaction Documentation Request. A request for to submit paper for processing. documentation related to a Card transaction such as a copy of a Sales Draft or other transaction source documents. Excessive Chargebacks. a) Chargebacks or Retrieval Requests in excess of MasterCard, Visa or Discover Network rules as they may exist from time Sales Draft. Evidence of a purchase of goods or services by a Cardholder to time, b) Chargebacks relating to a Merchant's transactions processed by from Merchant using a Card, regardless of whether the form of such Bank in excess of one percent (1 of the average monthly dollar amount evidence is in paper, or electronic form or otherwise, all of which must of such transactions, c) Chargebacks relating to a Merchant's transactions conform to Association Rules. processed by Bank in excess of one and a half percent (1.5 of the total Servicers. Bank, and Processor collectively The words "us" and "we" refer number of transactions processed by the Merchant for a particular month to Servicers or, d) Retrieval Requests in excess of three percent (3 of the total Services. The activities undertaken by Processor and Bank to authorize, number of transactions processed. process and settle all United States Dollar- denominated MasterCard, Visa Factoring. The submission of authorization requests and /or Sales Drafts and Discover Network Card transactions undertaken by Cardholders at by a Merchant for Card sales or Cash Advances transacted by another Merchant's location(s) in the United States, and all other activities business. necessary for Processor and Bank to perform the functions required by this Imprinter. A manual or electric machine used to physically imprint the Merchant Agreement for all other Cards covered by this Merchant Merchant's name and ID number as well as the Cardholder's name and Agreement. Card number on a Sales Draft. Settlement Account. An account at a financial institution designated by Issuer. The bank or Association which has issued a Card to an individual. Merchant as the account to be debited and credited by Processor or Bank MasterCard and Visa only issue Cards through banks "Issuing Banks for Card transactions, fees, Chargebacks and other amounts due under the while Discover Network may issue Cards directly or issue Cards though Merchant Agreement or in connection with the Merchant Agreement. an Issuing Bank. Split Dial. A process which allows the Authorization terminal to dial directly Magnetic Stripe. A stripe of magnetic information affixed to the back of a to different Card processors (e.g., American Express) for Authorization. In plastic Credit or Debit Card. The magnetic stripe contains essential this instance, the Merchant cannot be both Electronic Draft Capture (EDC) Cardholder and account information. and Split Dial. Split Dial is also utilized for check guarantee companies. Media. The documentation of monetary transactions (i.e., Sales Drafts, Submission. The process of sending batch deposits to us for processing. Credit Drafts, computer printouts, etc.). This may be done electronically or by mail. Merchant. The party identified as "Merchant" on the Merchant Application Summary Adjustment. An adjustment to your Submission and /or and Agreement. The words "you" and "your" refer to Merchant. Settlement Account in order to correct errors. 2008 Payment Processing Inc. All rights reserved. Page 7 of 8 ppiO408tc Payment Processing Inc., is a registered ISO /MSP for Wells Fargo Bank, N.A Walnut Creek, CA an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. Telecommunication Card Sale. Individual local or long- distance telephone calls, for which the telephone service provider is paid directly by use of a Card. These do not include, however, calls paid for with pre -paid telephone service cards. Telecommunication Card Sales are considered Card Not Present sales. Transaction Fees. Service costs charged to a Merchant on a per transaction basis. Us. Bank and Processor collectively We. Bank and Processor collectively You, your. See Merchant. Agreement. 2008 Payment Processing Inc. All rights reserved. Page 8 of 9 ppiO408tc Payment Processing Inc., is a registered ISO /MSP for Wells Fargo Bank, N.A Walnut Creek, CA. an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. (P) Payment Processing, Inc. Application Package Checklist and Instructions (cont.) APPLICATION INSTRUCTIONS MERCHANT INFORMATION The left side of this section is for your corporate information, the right side is for additional information or any information that differs from the corporate information. OWNERS /OFFICERS For security purposes, banks require complete personal information concerning individuals whose cumulative ownership totals at least 50% of the business. CREDIT INFORMATION Annual or Projected Credit Card Volume Average Ticket Total or Projected Sales Please estimate your total annual credit card volume. This is only an estimate and you will not be held to this number. Also estimate your average ticket, which is the average transaction amount including product, taxes, shipping, etc. If you prefer, total sales may be left blank. Mail/Fax Chargeback/Retrievals to for receiving notification of disputed charges American Express Merchant Discover Merchant If you previously held or currently hold a merchant account with AMEX or Discover under this business name, you do not need to reapply; simply fill in the merchant number(s). Software or Equipment Type Enter the credit card terminal or software type you will use. MAIL OR TELEPHONE ORDER SALES Complete only if you process primarily mail or phone orders. Otherwise, put "NA" in each field. SALES DEPOSIT POLICY Most businesses do not require deposits. MASTERCARD "/VISA" REFUND POLICY If you do not accept refunds, that in itself constitutes a "refund policy." To allow you to process refunds if you choose, we recommend you check the following boxes: YES, MC /VISA Credit, 0 -3 Days. BANK AND BUSINESS TRADE REFERENCES A trade reference is any company that you pay for goods or services, including suppliers and utility firms. PREVIOUSLY ACCEPTED CREDIT CARDS Faxed statements are not always readable; please enter the information here as well. Signature Lines (These MUST be accurate) Corporate Name the corporate name must match the "Name of Corporation" on page one. Signatures the owners /officers listed on page one must sign here; titles must match page one. Date Enter date at time of signing. Guarantors Sign directly above the "individual signature" line, then print the name and add the date on the line immediately below. p) Payment Processing, Inc. MERCHANT APPLICATION AND AGREEMENT I PAYMENT PROCESSING USE ONLY MERCHANT MCC CARD ACCEPTANCE REQUESTED: t_1CREDIT ONLY DEBIT ONLY IZCREDIT and DEBIT MERCHANT INFORMATION* LEGAL NAME OF CORPORATION OR PARTNERSHIP MERCHANT "DOING BUSINESS AS" NAME City of Tukwila CORPORATION ADDRESS LOCATION ADDRESS (NO PO BOX) 6200 Southcenter Blvd 6200 Southcenter Blvd CORPORATION CITY, STATE, ZIP LOCATION CITY, STATE, ZIP Tukwila, WA 98188 Tukwila, WA 98188 CORPORATE TELEPHONE NUMBER CORPORATE FAX NUMBER** LOCATION TELEPHONE NUMBER LOCATION FAX NUMBER" (206) 433 1835 I (206) 433 1833 (206) 433 1835 (206) 433 1833 CORPORATE CONTACT LOCATION CONTACT 1 Sh Laurie Anderson EMAIL ADDRESS" EMAIL ADDRESS"* LAnderson @ci.tukwila.wa.us EIN/FEDERAL TAX ID IS YOUR BUSINESS CLOSED PART OF THE HOW LONG AT THIS LOCATION? BUSINESS START DATE (MM/YY) 91- 6001519 (YEAR? YES Q NO 1977 I /08 DESCRIBE THE MERCHANDISE SOLD OR SERVICE PROVIDED City Services, Utility Payments, Permits, Business Licenses, Finger Printing, Passport of Tukwila OWNERS /OFFICERS* (List the two owners with the largest share of ownership. Information on the individual(s) signing the application is needed below) NAME OF OWNER/OFFICER #1 (FIRST NAME, MIDDLE INITIAL LAST NAME) NAME OF OWNER/OFFICER #2 (FIRST NAME, MIDDLE INITIAL, LAST NAME) Shawn D Hunstock Rhonda A Berry TITLE #1 PERCENT OF OWNERSHIP TITLE #2 PERCENT OF OWNERSHIP Finance Director I 0 City Administrator i I RESIDENCE ADDRESS #1 'RESIDENCE ADDRESS #2 RESIDENCE CITY, STATE, ZIP #1 RESIDENCE CITY, STATE, ZIP #2 !HOME TELEPHONE #1 !SOCIAL SECURITY #1 HOME TELEPHONE #2 SOCIAL SECURITY #2 I HATE OF BIRTH !DRIVER'S LICENSE I STATE DATF OF BIRTH DRIVER _s 1 IrFA 1CG it I STATE WA WA COMPANY PRESIDENT I COMPANY CFO HAVE ANY OF THE PRINCIPALS EVER FILED FOR BANKRUPTCY? U YES NO HAVE ANY OF THE PRINCIPALS EVER MANED OR OWNED ANOTHER BUSINESS THAT IF YES, NAME. ACCEPTED CREDIT CARDS? YES NO IF YES, PROVIDE BUSINESS NAME AND CHAPTER FILED: DATE, CITY /STATE. CREDIT INFORMATION ANNUAL OR PROJECTED ANNUAL AVERAGE OR PROJECTED AVERAGE TOTAL OR PROJECTED SALES: VISAJMASTERCARD VOLUME: CREDIT CARD TICKET: TYPE OF OWNERSHIP: TYPE OF BUSINESS: CHECK METHOD OF ADVERTISING AND INCLUDE ANY SOLE OWNERSHIP PARTNERSHIP❑ JOINT VENTURE RETAIL WHOLESALE RESTAURANT MATERIALS: LLC PUBLIC CORP PRIVATE CORP 0 GOVT CORP LODGING MAIL ORDER TELEPHONE ORDER NON PROFIT OTHER CONVENIENCE STORE INTERNET YELLOW PAGES AD CATALOG TV /RADIO CONVENIENCE STORE WITH GAS HOME -BASED 0 DIRECT MAIL LETTER/BROCHURE MAIL/FAX CHARGEBACK/RETRIEVALS TO: BUSINESS TO BUSINESS TELEPHONE/TE EMARKETING ❑LOCATION ADDRESS (]CORPORATE ADDRESS OTHER Municpal Se, es IF INTERNET BUSINESS, LIST WEBSITE ADDRESS: NEWSPAPER /M GAZINE ADVERTISEMENT DELIVER STATEMENTS TO: 0 REFERRAL INTERNET /E -MAIL ❑LOCATION ADDRESS El CORPORATE ADDRESS 1 I AMERICAN EXPRESS MERCHANT# DISCOVER MERCHANT NUMBER OF DAYS TO PREPARE SHIPMENTS FOR DELIVERY TO CUSTOMER FROM DATE OF ORDER: n/a n/a )l/ ANNUAL CREDIT CARD SALES GENERATED BY: OF CUSTOMER ORDERS DELIVERED IN: W SALES ARE DEPOSITED (CHECK ONE): MAIL/ PHONE 0 -7 DAYS j r AT DATE OF ORDER INTERNET 8 -14 DAYS AT DATE OF DELIVERY CARD SWIPE ,u0 15 -30 DAYS AT DATE OF SHIPMENT BUSINESS TO BUSINESS MORE THAN 30 DAYS OTHER HAND -KEYED ITEMS FACE -TO -FACE TOTAL 100% TOTAL 100% TEIIRD PARTY CARDHOLDER DATA STORAGE COMPLIANCE IS CARDHOLDER DATA STORED? YES ►1 NO IF YES, WHERE IS CARDHOLDER DATA STORED? NAME OF PRIMARY CAPNAR: PPI Paymover MERCHANT CAP ONLY FDMS EXPORT ONLY BOTH MERCHANT AND MERCHANT CAPNAR NAME OF SECONDARY CAPNAR UNKNOWN MAIL OR TELEPHONE ORDER SALES: (Complete if you are using a fulfillment house) NAME OF FULFILLMENT HOUSE (IF ANY) DELIVERY TIME FRAME NAME OF SHIPPING SERVICE USED DELIVERY TIME FRAME n/a n/a FULFILLMENT HOUSE STREET ADDRESS 'SHIPPING SERVICE STREET ADDRESS n/a CITY I STATE I ZIP I CITY I STATE I ZIP n/a IF USING A FULFILLMENT HOUSE, WHO OWNS THE MAJORITY OF THE INVENTORY? MERCHANT 0 FULFILLMENT HOUSE J X IMerchant Initial J(A -DI 2008 Payment Processing Inc. All rights reserved. Page 1 of 2 (AC\ ppiO408mpa Payment Processing Inc., is a registered ISO /MSP for Wells Fargo Bank, N.A., Walnut Creek, CA. an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. SALES DEPOSIT POLICY ARE CONSUMERS REQUIRED TO PROVIDE A DEPOSIT? YES NO IF A DEPOSIT IS REQUIRED, WHAT PERCENT OF THE TOTAL SALE IS REQUIRED? MASTERCARD /VISA REFUND POLICY DO YOU HAVE A REFUND POLICY FOR YOUR MASTERCARDNISA SALES YES NO CHECK THE APPLICABLE REFUND POLICY EXCHANGE STORE CREDIT I] MCNISA CREDIT OTHER IF MCNISA CREDIT, WITHIN HOW MANY DAYS DO YOU DEPOSIT CREDIT TRANSACTIONS? 0-3 DAYS 4 -7 DAYS 8 -14 DAYS BANK AND BUSINESS TRADE REFERENCES BANK REFERENCE NAME BUSINESS TRADE REFERENCE NAME US BANK Tyler Technologies Eden Division BANK ADDRESS 11 TRADE REFERENCE ADDRESS 1420 5th Avenue PD- WA -T13G 11100 Oaksdale Ave SW BANK CITY, STATE, ZIP 'TRADE CITY, STATE, ZIP Seattle, WA 98101 Renton, WA 98057 BANK CONTACT I TRADE CONTACT Rick McGee Paul J. Wentink (Government Banking) Carrie A. Hughes BANK PHONE BANK FAX I TRADE REFERENCE PHONE TRADE REFERENCE FAX (206) 344 4443 (206) 344 4598 1 (800) 328 0310 (425) 254 1402 BANK ACCOUNT NUMBER TRADE REFERENCE ACCOUNT NUMBER 153501052069 IF THE MERCHANT HAS PREVIOUSLY ACCEPTED CREDIT CARDS, TI-E LAST 3 MONTHS' MERCHANT STATEMENTS MUST BE PROVIDED CURRENT CREDIT CARD PROCESSING BANK, IF APPLICABLE REASON FOR LEAVING CURRENT PROCESSOR (IF APPLICABLE) BANK OR PROCESSOR NAME. n/a CITY STATE ZIP CONTACT PHONE Signatures Merchant certifies that all information set forth in this completed Merchant Application is true and correct and that Merchant has received a copy of Schedule A, the Terms and Conditions, Operating Procedures and Confirmation Page, all of which constitute the Agreement, and by this reference are incorporated herein. Merchant further agrees that Merchant will not accept more than 20% of its card transactions via mail, telephone or Internet order However, if your Merchant Application is approved based upon contrary information stated in the Merchant Application, you are authorized to accept transactions in accordance with the percentages indicated in the appropriate section. Merchant authorizes Payment Processing, Inc. "PPI and Wells Fargo Bank, N.A.( "Bank and their agents to investigate the references, statements and other data contained herein and to obtain additional information from credit bureaus and other lawful sources, including persons and companies names in this Merchant Application. Merchant authorizes PPI, and Bank and their agents (a) to procure information from any consumer reporting agency bearing his /her personal credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, and (b) to contact all previous employers, personal references and educational institutions. It is our policy to obtain certain information in order to verify your identity while processing your Merchant Application. The individual who signs this Merchant Application has authority to do so and to bind its establishment to the terms and conditions of the Agreement. Merchant agrees to all the terms of the Agreement. The Agreement shall not take effect until Merchant has been approved and this Agreement has been accepted by PPI and Bank. x Business Legal Name: City of Tukwila Merchant's Busin s Principal /6fficer Signature X Busin I�,� d4 t t l"J—� Title l II Gt V\Ce- b r-P!"/E r Print Name of Signer �h CtL19A ,�,r I 4cK J&.. Date 5W Signature ,t Title 54-1 -0 -J Print Name of Signer kV) O d a Be.(YL( 0 Date 1 1 4 1© 9 t r Personal Guarantee: The undersigned guarantees to PPI and Bank the performance of this Agreement, and any addendum thereto by Merchant, and in the event of default, hereby waives Notice of Default and agrees to indemnify the other parties, including payment of all sums due and owing and costs associated with enforcement of the terms thereof PPI and Bank shall not be required to first proceed against Merchant or enforce any other remedy before proceeding against the undersigned individual. This is a continuing guarantee and shall not be discharged or affected by the death of the undersigned and shall bind the heirs, administrators, representatives and assigns and be enforced by or for the benefit of any successor of PPI and Bank. The term of this guarantee shall be for the duration of the Agreement and any addendum thereto and shall guarantee all obligations which may arise or occur in connection with my activities during the term thereof through enforcement shall be sought subsequent to any termination. Personal Guaranntee Signature X )I�' VL C/l1fh il� Print Name vjAc k)u1 /11 I/5 Kam Date I /-6. r Personal Guarante Signature X Print Name t l i �L�t T' v► Date I /ID 0 1 Accepted By Payment Processing, Inc. Wells Fargo Bank, N.A., 1200 Montego Way, Walnut Creek, CA 94598 Signature X Signature X Title Date Title Date 2008 Payment Processing Inc All rights reserved. Page 2 of 2 ppiO408mpa Payment Processing Inc., is a registered ISO /MSP for Wells Fargo Bank, N.A., Walnut Creek, CA. an FDIC insured bank. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. 17\