This Agreement to accept and process Shop Mount Olive Property Tax Reward Card is made between you, the Merchant (also “you” and “your(s)”), and Fincredit Inc. and its associates, (also “Fincredit”, “we”, “us” and “our”(s)). Fincredit Inc. is the Program Administrator of Shop Mount Olive Property Tax Reward Program (the “Program”).
According to the terms of this Agreement and any applicable operating procedures, you agree to participate in the Program, honor the Mount Olive Property Tax Reward Card, and submit the necessary information and electronic data to us for processing. We agree to provide processing services.
This Agreement will be binding upon the successors, assignees and legal representatives of the parties. The terms of this Agreement and the Program it authorizes are subject to all applicable state, local and federal laws. We reserve the right to cancel this agreement at any time for your failure to comply with any term of this Agreement.
Glossary of terms
The definitions contained in the Glossary will apply to the defined terms contained in this agreement.
a)“Mount Olive Property Tax Reward Card” (PTRC): A card similar to a rewards/discount card having a QR code and a Card Id number and pin number.
b)“Merchant”: Any business that accepts the PTRC for the purpose of providing a Credit under the Program.
d)“Credit” A percentage of the sale amount as agreed under the Business Registration Form.
f) Web Terminal and APP: A web terminal or an App available in Google Play and App store that is capable of reading the PTRC for the purpose of authorizing transactions.
1.PTRC ACCEPTANCE
You agree to be responsible for the actions of your employees while acting in your employ. You agree that you cannot utilize information that may be made available to you, including but not limited to, names, addresses, email addresses, for purposes other than advertising your business.
2.TRANSACTION PROCEDURES
You agree to follow the steps for completing transactions as set forth below:
PROVIDE A REBATE:
1.Collect payment, cash or credit, as customary, during your normal course of business.
2. Process the PTRC via a web-terminal or App. A merchant login will be provided by the Administrator
3. Follow the prompt of the Web Terminal or the App. These include:
a) Enter your customer’s phone number or card ID# or by scanning the QR Code on the card;
b) Enter the pre-tax, pre-tip sale amount
c) Press Enter
CANCEL A REBATE:
1. Follow the steps below
a) Enter your customer’s phone number or card ID# or by scanning the QR Code on the card;
b) Drop down the menu, defaulted to ‘Sale’, and select ‘Return’
b) Enter the pre-tax, pre-tip sale amount that you had originally posted
c) Press Enter
5.EQUIPMENT
The program is APP driven. Therefore, no particular equipment is needed other than a phone or a compute for our web terminal
6.DESIGNATED AUTOMATIC FUNDS TRANSFER ACCOUNT
A.You authorize us to initiate and/or transmit automatic credit and/or debit entries to account and depository of your choice identified in Merchant Registration Form or in any subsequent written designation. This authority includes:
1)Debit or charge the Designated Automatic Funds Transfer Account for any PTC credits, agreed fees, or other reimbursements due to us under the terms of this Agreement or the Business Registration Form,
2)Reverse or adjust any entries made in error or by mistake however caused.
7.LEGAL LIABILITY
A.Should it be necessary for either party to initiate legal action to enforce its rights under this Agreement, the prevailing party will be reimbursed by the other party for all cost and expenses, including reasonable attorney’s fees, incurred by this legal action.
B.We agree to exercise due care in processing PTRC transactions. We will have no liability for any acts or omissions due to any cause or conditions beyond our reasonable control. Our sole liability to you or any third party will be to correct such errors or omissions that are within our power and authority to correct. In no event will we be liable for any indirect, consequential, special, exemplary or punitive damages, even if we have been advised of the possibility of such damages.
9.HOLD HARMLESS
You, the Merchant, shall defend, indemnify, and hold harmless Fincredit, Shop Mount Olive and the City of Mount Olive from any and all actual or alleged claims, demands, causes of action, liability, loss, and/or damage, whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of the Merchant, its personnel, employees, agents, contractors, associates or volunteers in connection with or arising out of merchant’s services, including, but not limited to, awarding Credits to Cardholders.
This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to Fincredit and its associates and clients for all legal expenses and costs incurred by them.
10.ARBITRATION
You and we agree that any and all claims, demands, disputes or controversies of every kind or nature between us arising out of or related to this Agreement, as to the existence, applicability, construction, validity, interpretation, performance or non-performance, enforcement, operation, or breach thereof, which is not otherwise settled by your agreement, shall be submitted to, determined and decided by arbitration, held at Mount Olive, NJ in accordance with the provisions of the state of NJ Uniform Arbitration Act, or any successor statute.