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Datos de carácter personal, tecnología y redes sociales.

8. CASOS RECIENTES.

8.3. Datos de carácter personal, tecnología y redes sociales.

merchants

If we approve and classify you as a PSP, you are permitted to recruit for your Payment Services only Sponsored Merchant Prospects that:

are located in the United States, Puerto Rico, the U.S. Virgin

B

Islands, or other U.S. territories and possessions, do not fall within the exclusions set forth in

B subsection 13.3.1,

“exclusions” below, and

transact in U.S. currency only (i.e., price their goods and

B

services and receive Payment Services from you solely in U.S. dollars).

You must recruit Sponsored Merchant Prospects for Payment Services only in accordance with the provisions of this chapter 13.

13.3.1 exclusions You shall not recruit Sponsored Merchant Prospects that fall within any of the following exclusions:

any of the criteria in

B section 10.2, “prohibited merchants,”

internet auctions,

B

Payment Service Providers (except to the extent that the PSP

B

itself sells goods to which it has title), political parties,

B

Telecommunications industry (including wireless, cable,

B

satellite, wireline, and ISP), or

travel industry (including air travel, cruise line, car rental,

B

13.3.1 exclusions

(continued) If a portion of a Sponsored Merchant’s Charges, or one of its lines of business, falls within any of the foregoing exclusions, then you must exclude that portion or line of business from your Payment Services. We also have the right to disapprove such a Sponsored Merchant in our sole discretion, in which event you must cease providing Payment Services to it immediately upon notice from us.

We may modify these exclusions at any time in our sole discretion. If you have begun to recruit a Sponsored Merchant Prospect that falls within such a modified exclusion, you must cease all such efforts immediately. If you have begun providing Payment Services to a Sponsored Merchant that falls within:

the first, ‘prohibited Merchant’ exclusion above (as modified),

B

then you must cease providing Payment Services to it immediately, or

the other exclusions above (as modified), then you must

B

notify us and cooperate with us to transition such Sponsored Merchant to us as we may request, including providing to us the Sponsored Merchant’s contact information.

13.3.2 sponsored merchant

agreements You must enter into a Sponsored Merchant Agreement with each Sponsored Merchant Prospect that meets the foregoing requirements, and you must enforce each Sponsored Merchant’s compliance with the provisions of the Sponsored Merchant Agreements, including terminating your provision of Payment Services to it if it has breached any of those provisions. You must not provide Payment Services before the Sponsored Merchant Agreement has been executed.

13.3.2 sponsored merchant agreements

(continued)

All Sponsored Merchant Agreements must be consistent with the American Express Brand, all applicable laws, rules and regulations, and must include the following basic provisions:

Requirements to display our Marks and otherwise honor the

B

Card in accordance with chapter 3, “Card acceptance.” Requirements that will enable you to comply with

B chapter

4, “transaction processing,”chapter 5, “authorization,” chapter 6, “submission,”chapter 8, “protecting

Cardmember information,”chapter 11, “inquiries and chargebacks.”

Industry-specific requirements of

B chapter 12, “specific

industries,” as applicable to the Sponsored Merchant.

Requirement to maintain customer service information pursuant

B

to subsection, 13.4.1, “customer service information.” Prohibitions against processing Transactions or receiving

B

payments on behalf of, or (unless required by law) re-directing payments to any other party.

Authorization for you to share data with us from Transactions

B

submitted through the Payment Services.

Authorization for us to use the Sponsored Merchant’s name,

B

address, and website address (URL) in any media from time to time.

Requirement that Sponsored Merchants’ refund policies for

B

purchases on the Card must be at least as favorable as its refund policy for purchase on any Other Payment Product and the refund policy be disclosed to Cardmembers at the time of purchase and in compliance with applicable law.

Prohibition against billing or collecting from any Cardmember

B

for any purchase or payment on the Card unless Chargeback has been exercised, the Sponsored Merchant has fully paid for such Charge, and it otherwise has the right to do so.

13.3.2 sponsored merchant agreements

(continued)

Requirement to comply with all applicable laws, rules and

B

regulations relating to the conduct of the Sponsored Merchant’s business.

Authorization for you to terminate your provision of Payment

B

Services to the Sponsored Merchant when required by us in accordance with the provisions of this chapter 13.

Requirement to remove our Marks from the Sponsored

B

Merchant Website and wherever else they are displayed upon termination of the Sponsored Merchant Agreement or a Sponsored Merchant’s participation in your Payment Services. You must provide to us copies of your standard Sponsored Merchant Agreement form from time to time on request.

If we notify you that a Sponsored Merchant has breached any of these provisions, then you shall cease providing Payment Services to it within five days after your receipt of such notice and cause it to remove all our Marks from its Sponsored Merchant Website and other locations immediately.

13.4 general psp