Last Update 4/1/2020
For purposes of this application, “Processor” is CardConnect; 1000 Continental Drive, Suite 300, King of Prussia, PA 19406 and can be contacted at 1-800-675-7430 and “Merchant Bank” is Synovus Bank (Merchant Bank), 1125 First Avenue, Columbus, GA 31901, 706-649-4900. The undersigned Guarantor guarantees the payment and performance in full of all obligations under the Agreement (including any applicable Addendum) of the Merchant named in this Merchant Application, all in accordance with the Guaranty set forth in the Agreement, which Agreement, Guaranty, Addendums and Merchant Application are all hereby incorporated by reference into Section 5B below. Agreement Signature: By signing below, each of the Merchant and Guarantor(s) and each individual signing below as a Principal or Owner of Merchant (1) certifies, under penalty of perjury, that all information and documents submitted with this Application are true and complete, and the persons signing this Merchant Application have the power to execute and are duly authorized to bind Merchant to all provisions of this Merchant Application and Merchant Card Processing Agreement (“Agreement”) including the Continuing Guaranty (“Guaranty”) contained within the Agreement, and any applicable Addendum (“Addendum”) to the Agreement; (2) authorizes Merchant Bank, Processor and their respective agents to verify any of the information given, including credit references, and to obtain individual and/or business credit reports, including requesting reports from consumer reporting agencies, including financial data from your financial institution(s) of the person(s) signing below as a Principal or Owner of Merchant or as a Guarantor (if such person asks Merchant Bank or Processor whether or not a consumer report was requested, Merchant Bank or Processor will tell such person, and if Merchant Bank or Processor received a report, Merchant Bank or Processor will give such person the name and address of the agency that furnished it); (3) acknowledges receipt of the Merchant Card Processing Agreement (“Agreement”) including the Continuing Guaranty (“Guaranty”) contained within the Agreement, any applicable Addendum (“Addendum”) to the Agreement and agrees to be bound by and perform in accordance with all provisions, terms and conditions of the Agreement, the Guaranty, the Merchant Quick Reference Guide and any applicable Addendum; (4) agrees to be bound by and perform in accordance with all terms, conditions and provisions of any Merchant Card Processing Agreement between any Merchant Affiliate of Merchant and Processor and its agents and Merchant Bank (“Merchant Affiliate Agreement”), regardless of whether such Merchant Affiliate Agreement currently exists or is executed, amended or supplemented at some future date; (5) agrees that Processor and its agents and Merchant Bank may rely upon copies or facsimiles of this Application bearing Merchant’s and Guarantor(s)’s signatures, or on copies or facsimiles of other documents bearing Merchant’s and Guarantor(s)’s signatures, and that any such copies or facsimiles shall be treated for all purposes as originals of the Application or other document; (6) certifies that Merchant does not and will not provide, offer or facilitate gambling services, including offering or facilitating internet gambling services, or establishing quasi-cash, credits or monetary value of any type that may be used to conduct gambling. Early Termination Fees May Apply: See Merchant Card Processing Agreement. American Express OptBlue Program: CardConnect has entered into an agreement with TSYS Acquiring Solutions, LLC for the provision of certain services to Merchant for the American Express OptBlue® Program. The provisions of this Merchant Application and Agreement and the Merchant Card Processing Agreement regarding American Express Transactions constitute an agreement solely between MERCHANT and CardConnect. You acknowledge that Merchant Bank is not a party to this Merchant Application and Agreement or the Merchant Card Processing Agreement insofar as it relates American Express Transactions, and Merchant Bank is not responsible for, and shall have no liability to you in any way with respect to, American Express Transactions. If Merchant has elected to accept American Express® Transactions (as indicated in Section 2 of this Merchant Application), in addition to all other terms of this Merchant Application and Agreement and the Merchant Card Processing Agreement, Merchant agrees to the American Express provisions set forth in the Merchant Card Processing Agreement. By signing below or by accepting a Transaction initiated with an American Express® Payment Device, Merchant expressly authorizes Processor to submit American Express® Transactions to, and to receive settlement funds from American Express, on Merchant's behalf. Merchant or Processor may terminate Merchant's acceptance of American Express® Payment Devices at any time, with or without cause, without affecting Merchant's rights and obligations pursuant to the remainder of this Merchant Application and Agreement and the Merchant Card Processing Agreement. Merchant acknowledges that, if at any time Merchant is no longer qualified to participate in OptBlue Program, Merchant may be enrolled in the standard American Express® card acceptance program, which may have different terms and conditions than the OptBlue Program, and Merchant's acceptance of American Express® Payment Devices pursuant to this Merchant Application and Agreement and the Merchant Card Processing Agreement will be terminated. Merchant acknowledges that American Express shall have third party beneficiary rights, but not obligations, solely with respect to the terms and conditions applicable to AMERICAN EXPRESS CARD ACCEPTANCE, and that American Express has the right to enforce such terms and conditions directly against the Merchant.