Nautilus 2000 Annual Report Download - page 60

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end of such monthly billing cycle ((i)and (ii)are herein individually and collectively called " Excessive Chargebacks "). Excessive Chargebacks
shall be deemed a material breach of this Agreement and Household has the right, in its sole discretion, to terminate this Agreement pursuant to
Section15 .
d.The terms and provisions of this Section6 shall survive the termination of this Agreement.
Section7.Tape or Electronic Transmission& Records. Data, records and information shall be transmitted and maintained as described below.
a. Transmission of Data. In lieu of depositing paper Sales Slips and Credit Slips with Household, Merchant shall transmit to Household, by
electronic transmission or other form of transmission designated by Household all data required by this Agreement to appear on Sales Slips and
Credit Slips. All data transmitted shall be in a medium, form and format designated by Household and shall be presorted according to
Household's instructions. Any errors in such data or in its transmission shall be the sole responsibility of Merchant. The means of transmission
indicated above in this Section or other means approved by Household, shall be the exclusive means utilized by Merchant for the transmission
of Sales Slip or Credit Slip transaction data to Household. Merchant shall use a leased line, supplied by Household, for communicating with
Household pursuant to the guidelines set forth in Section4 . Household's voice Authorization Center will be available for use for times when the
leased line authorization system is not in operation.
b. Receipt of Transmission. Upon successful receipt of any transmission, Household shall accept such transmission and pay Merchant in
accordance with this Agreement, subject to subsequent review and verification by Household and to all other rights of Household and
obligations of Merchant as set forth in this Agreement. If data transmission is by tape, Merchant agrees to deliver upon demand by Household a
duplicate tape of any prior tape transmission, at the expense of Household, if such demand is made within forty-five (45)calendar days of the
original transmission.
c. Records. Merchant shall maintain the actual paper Sales Slips, Credit Slips, and other records pertaining to any transaction covered by this
Agreement for such time and in such manner as Household or any law or regulation may require, but in no event less than two (2)years after the
date Merchant presents each transaction data to Household, and Merchant shall make and retain for at least seven (7)years legible copies of
such actual paper Sales Slips, Credit Slips or other transaction records. Within fifteen (15)days, or such earlier time as may be required by
Household, of receipt of Household's request, Merchant shall provide to Household the actual paper Sales Slips, Credit Slips or other
transaction records, and any other documentary evidence available to Merchant and reasonably requested by Household to meet its obligations
under law (including its obligations under the Fair Credit Billing Act) or otherwise to respond to questions, complaints, lawsuits, counterclaims
or claims concerning Accounts or requests from Cardholders, or to enforce any rights Household may have against a Cardholder, including,
without limitation, litigation by or against Household, collection efforts and bankruptcy proceedings, or for any other reason. In the event
Merchant fails to comply in any respect with the provisions of this Section7, Household may process a Chargeback for each Card Sale involved
pursuant to Section6 above.
d. Production. Promptly upon termination of this Agreement or upon the request of Household, Merchant will provide Household with all
original and microfilm copies of documents required to be retained under this Agreement.
Section8.Payments by Cardholder and Endorsement. Merchant agrees that Household has the sole right to receive payments on any Sales Slip
funded by Household. Unless specifically authorized in writing by Household, Merchant agrees not to make any collections on any such Sales
Slip. Merchant agrees to hold in trust for Household any payment received by Merchant of all or part of the amount of any such Sales Slip and
to deliver promptly the same in kind to Household as soon as received together with the Cardholder's name, Account number, and any
correspondence accompanying the
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2002. EDGAR Online, Inc.