Nautilus 2000 Annual Report Download - page 55

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Section4.Merchant Responsibilities Concerning Consumer Transactions. Merchant covenants and agrees that Merchant shall:
a.Honor all valid Cards without discrimination, when properly presented by Cardholders for payment of Goods.
b.Not require, through an increase in price or otherwise, any Cardholder to pay any surcharge at the time of sale or pay any part of any charge
imposed by Household on Merchant.
c.Not establish minimum or maximum charge amounts without Household's prior written approval.
d.Prominently display at each of its locations, advertising and promotional materials relating to the Card, including, without limitation, take-one
Applications for the Card and use and display such materials in accordance with any specifications provided by Household. Such materials shall
be used only for the purpose of soliciting accounts for the Program. Any solicitation, written material, advertising or the like relating to the
Program or the products offered pursuant to the Program shall be prepared or furnished by Household or shall receive Household's prior written
approval. Household will charge Merchant and Merchant agrees to pay for any such advertising and promotional materials. Any such materials
shall not be used by Merchant following termination of this Agreement.
e.Use only the form of, or modes of transmission for, Application/Cardholder Agreements, Sales Slips and Credit Slips as are provided by
Household, and not use any Application/Cardholder Agreements, Sales Slips, and Credit Slips provided by Household other than in connection
with a Card transaction.
f.With respect to Telephone Applications, Merchant shall:
(i)Make sure all information requested on the Telephone Application is complete;
(ii)Give the applicant the applicable initial disclosures at the time the Telephone Application information is requested or such other
disclosures as may be required by Household from time to time;
(iii)Provide all information required by Household from time to time for approval of Applications by telephone or other electronic
transmission;
(iv)Designate on the Application and/or enter into the Terminal that it was a Telephone Application and Card Sale;
(v)Not submit to Household for funding any Sales Slip resulting from a telephone or mail order Card Sale until not less than five
(5)Business Days after receipt by Merchant and approval by Household of the Telephone or Mail Order Application; and
(vi)Merchant represents and warrants that in connection with telephone solicitations, it has adopted such policies and procedures to
ensure compliance with all applicable federal and state laws, regulations or rules relating to telemarketing and/or telephone
solicitations including but not limited to the Telephone Consumer Protection Act of 1991 ("TCPA") 42 USC 227 and 152(b); Chapter
I, Title 47 of the Code of Federal Regulations, parts 64 and 68, the Telemarketing and Consumer Fraud and Abuse Prevention Act
(TCFAPA) 15 U.S.C. 6101-6108; 16 CFR Part310 and any applicable telemarketing or telephone solicitation laws of the state from
which Merchant shall be initiating telephone solicitations for the Card.
g.With respect to Mailed-In Applications, Merchant shall:
(i)Make sure all information requested on the Application is complete;
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2002. EDGAR Online, Inc.