Attachment C - 2: Terms and Conditions Specific to Accepting Visa for Payment (Outdated)

This addendum to ECS' Terms and Conditions is incorporated as part of this agreement and is intended to clarify issues that are specific to your website accepting VISA cards in payment for access to your website. VISA has determined that websites that are clients of ECS are designated as "Sponsored Merchants." In order for ECS to process VISA transactions on client's behalf you must complete the VISA registration process and be approved by ECS, its acquiring bank(s) and VISA. If you so elect, ECS can begin processing other payment forms that you select until your VISA application has been approved.

The Visa rules require that:

1. The Sponsored Merchant being registered has a permanent establishment in the United States or Canada through which economic activity is completed.
2. The Sponsored Merchant being registered has a statutory agent with an address in the United States or Canada for correspondence and judicial process.
3. The Sponsored Merchant being registered pays applicable United States or Canadian taxes relating to the sales processed through ECS.

ECS, its acquiring bank(s) and Visa will all rely on the representations and warranties contained in this registration form.

ECS has no control over the acceptance or denial of this application by Visa and/or the acquiring bank(s), and that the acceptance of this registration form by ECS does not guarantee that Client will be approved to accept Visa transactions by Visa, and/or the acquiring bank(s), and if not accepted, ECS is not liable for any damages that Client may incur from the lack of approval.

If approved by Visa and the acquiring bank(s) Client agrees to:

1. Indemnify VISA, its member banks and ECS, its officers, directors, shareholders, affiliated entities and persons, employees, agents, representatives and attorneys for any liability it may incur, including attorney's fees, as a result of any misrepresentation I make on this form.
2. Abide by all Visa operating rules, and
3. And understands that at any time, Visa or the acquiring banks can require ECS to stop processing Visa transaction for Clients account without prior notice to Client, and if that should happen, Client has no recourse legal or otherwise to ECS for any damages Client might incur.
4. Client also understands that, should VISA or the acquiring bank(s) require ECS to discontinue accepting transactions for Client's account, the fees paid for initial registration and annual renewals are non-refundable in whole or in part.

If this registration or annual renewal is not accepted, ECS will refund any applicable Visa application or annual renewal fee, whichever is most recently paid to ECS.