American Express Compliance.
Sponsored Merchant agrees to comply with and to accept Cards in accordance with all Applicable laws, rules and regulations, including the American Express Merchant Operating Guide requirements, which are incorporated into this Agreement by reference as if they were fully set forth in the WeShare Enrollment Agreement. Sponsored Merchant is prohibited from processing Transactions or receiving payments on behalf of, or (unless required by law) re-directing payments to any other party.
The American Express Merchant Operating Guide may be viewed at: www.americanexpress.com/merchantopguide.
High Charge Volume (CV) Sponsored Merchants.
In the event that Sponsored Merchant’s Estimated Annual CV becomes $1,000,000 USD or greater, Sponsored Merchant will be notified by WeShare or American Express to become a direct Card-accepting merchant under the standard American Express acceptance program and cease to be a Sponsored Merchant under WeShare. As a direct Card-accepting merchant, Sponsored Merchant will be bound by the then-current American Express Card acceptance agreement and American Express’s Discount and other fees and assessments shall apply.
Third Party Beneficiary Rights.
- Sponsored Merchant confers on American Express the beneficiary rights, but not obligations, to the Sponsored Merchant’s Agreement and subsequent addendums (collectively the “Agreement”) between Sponsored Merchant and WeShare and, as such, American Express has the express right to enforce the terms of the Agreement against the Sponsored Merchant.
- Sponsored Merchant warrants that it does not hold third party beneficiary rights to any agreements between WeShare and American Express and at no time will attempt to enforce any such agreements against American Express.
American Express Liability.
Sponsored merchant acknowledges and agrees that in no event shall American Express, its affiliates, agents, successors, or assigns be liable to sponsored merchant for any damages, losses, or costs incurred, including incidental, indirect, speculative, consequential, special, punitive, or exemplary damages of any kind (whether based on contract, tort, including negligence, strict liability, fraud, or otherwise, or statutes, regulations, or any other theory), arising out of or in connection with the agreement.
