Nautilus 2000 Annual Report Download - page 58

k.Not receive any payments from a Cardholder for charges included on any Sales Slip resulting from the use of any Card, nor receive any
payments from a Cardholder to prepare and present a Credit Slip for the purpose of effecting a deposit to the Cardholder's Account.
l. Cardholder Complaints. Merchant shall within five (5)days of receipt provide Household with a copy of any written complaint from any
Cardholder concerning an Account.
m. Right of First Refusal. Merchant shall actively promote the Program. Merchant agrees to give Household right of first refusal in presenting
consumer credit Applications and/or Sales Slips. During the term of this Agreement, Merchant shall not issue, arrange to issue, or accept, in the
fifty United States and the District of Columbia, any private label credit card or account other than the Card, under any of Merchant's names or
logos, except with respect to Applications declined by Household. To the extent Merchant displays other third party credit or charge card
materials, it shall display the advertising and promotional materials relating to the Card in a manner and with a frequency equal to or greater
than that accorded any other third party credit or charge card.
n.Satisfy all other requirements designated in any Operating Instructions or as may be required from time to time by Household. In the event
there is any inconsistency between any Operating Instructions and this Agreement, this Agreement shall govern unless otherwise expressly
indicated by Household in any Operating Instructions.
o.Present each Sales Slip and deliver each Credit Slip to Household or such other person designated by Household, within ten (10)Business
Days after the date of the respective sale or credit transaction.
Section5.Merchant Representations and Warranties. Merchant represents and warrants to Household as of the Effective Date and throughout
the term of this Agreement the following:
a.That each Card Sale will arise out of a bona fide sale of Goods by Merchant and will not involve the use of the Card for any other purpose.
b.That each Card Sale will be to a consumer for personal, family, or household purposes.
c.That Cardholder Applications will be available to the public (i)without regard to race, color, religion, national origin, sex, marital status, or
age (provided the applicant has the capacity to enter into a binding contract) and (ii)not in any manner which would discriminate against an
applicant or discourage an applicant from applying for the Card.
d.That it has full corporate power and authority to enter into this Agreement; that all corporate action required under any organization
documents to make this Agreement binding and valid upon Merchant according to its terms has been taken; and that this Agreement is and will
be binding, valid and enforceable upon Merchant according to its terms.
e.That it is not in violation of any covenants in any debt instruments to which it is a party as of the Effective Date of this Agreement.
f.Neither (i)the execution, delivery and performance of this Agreement, nor (ii)the consummation of the transactions contemplated hereby will
constitute a violation of law or a violation or default by Merchant under its articles of incorporation, by laws or any organization documents, or
any material agreement or contract and no authorization of any governmental authority is required in connection with the performance by
Merchant of its obligations hereunder.
g.There are no proceedings or investigations pending, or, to the knowledge of Merchant, threatened, before any court, regulatory body,
administrative agency, or other tribunal or governmental instrumentality having jurisdiction over Merchant or its properties: (i)asserting the
invalidity of this Agreement or seeking to prevent the consummation of any of the transactions contemplated hereunder,
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2002. EDGAR Online, Inc.