All Confidential Information is and will remain the sole property of Processor. Merchant will not,
without Processor’s prior written consent, use, store, or disclose any Confidential Information, including but not limited to
the information Merchant obtains from a Cardholder in connection with a Card transaction, except as necessary to perform
its obligations under this Agreement or perform its obligations to such Cardholder. Notwithstanding the foregoing, pursuant
to the Defend Trade Secrets Act of 2016, the parties understand that an individual may not be held criminally or civilly liable
under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (i) in confidence to a federal,
state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or
investigating a suspected violation of law; or (b) is made in a complaint or other document that is filed under seal in a lawsuit
or other proceeding. Merchant will not sell, purchase, transfer, provide, or exchange any Card information, transaction
documentation, or copies thereof to any third party without Processor’s prior written consent. No ownership interest in or
right to any Confidential Information will pass to Merchant pursuant to this Agreement, whether by use, custom, or any other
method.
Merchant will provide customer service to each Cardholder and customer with regard to each
transaction and will be solely responsible for resolving any dispute with a Cardholder. With regard to each dispute, Merchant
will maintain a written record of, and provide to Processor upon request, the following information: the Cardholder’s
name; the Card number; the date and time of the asserted claim; the nature of the claim; and the action taken by Merchant
to attempt to resolve the claim. If a Cardholder disputes any transaction, if a transaction is charged back for any reason
by the Card issuing institution, or if Processor, Bank, or a Card Brand has any reason to believe a pending transaction or
previously processed transaction is questionable, not genuine, or otherwise unacceptable, the amount of such transaction
may be charged back and deducted from any payment due to Merchant or may be charged against the Account, the Reserve
Account, or any other account in Merchant’s name. Merchant acknowledges and agrees that it is bound by the Rules with
respect to any chargeback and, if Merchant disagrees with any Chargeback, it must notify Bank and Processor of its decision
to dispute such Chargeback and provide all related documentation within ten (10) days of the Chargeback. Merchant
further acknowledges that it is solely responsible for providing Processor, Bank, and each Card Brand with any available
information to re-present a Chargeback and that, regardless of any information provided or not provided, Merchant shall
be solely responsible for the liability related to such Chargeback. A list of the reasons for Chargebacks and the process for
resolving Chargebacks is set forth in the Rules. Chargebacks, returns, and other credits will be set off against the proceeds
of processed transactions on a daily basis. If the amount of any Chargeback, refund, return, or other credit is uncollectible
through withholding the current transaction proceeds for Merchant, withdrawing from the Reserve Account, or withdrawing
from the Account, upon demand from Processor, Merchant shall pay to Processor the full amount of such Chargeback, refund,
return, or other credit. Merchant agrees to satisfy directly with the Cardholder any claim, Chargeback, or compliant arising
in connection with any transaction, regardless of whether such claim or compliant is brought by the Cardholder, Processor,
Bank, an issuing bank, or any third party.
