Last Updated: 1/20/2017
In connection with your use of the Payeezy Gateway Services, you will be provided with the Masterpass checkout button for use on your Merchant Site. Masterpass is a fast and convenient payment option for your products and/or services available through your Merchant Site, as more particularly described in the Services Documentation (defined below). Your use of Masterpass is subject to these Masterpass Participation Terms and Conditions (“Terms”) and the MasterCard Masterpass Operating Rules (a link to which has been provided). You may disable Masterpass at any time by deactivating Masterpass via the Payeezy Gateway Services’ Payment Pages.
These Terms supplement, and are hereby made a part of, the processing agreement (the “Agreement”) that you entered into with us, your payment card processor (“Processor”). That Agreement includes the Payeezy Gateway Services product addendum, to which these Terms are applicable. Masterpass may be deactivated by you or terminated by us (and MasterCard), with or without cause. By using Masterpass and not disabling, you agree to the following:
Representations and Warranties. You represent and warrant that (i) you will use Masterpass in compliance with the Masterpass Operating Rules and the specifications set forth in the applicable Services Documentation; (ii) you will comply with all applicable laws, rules, and regulations of the United States, including, without limitation, laws regarding privacy and protection of consumer information; (iii) you will comply with Mastercard’s Site Data Protection Program and Payment Card Industry Data Security Standards and any other terms and conditions required by Mastercard and related to the Masterpass services; (iv) you will comply with other applicable rules of the card organizations/networks; and (v) you will provide all reasonably necessary disclosures to and obtain all reasonably necessary consents from each consumer prior to transmitting such consumer’s information to Mastercard.
Indemnification. You agree to indemnify and hold harmless Processor and Processor’s service providers (and its and their respective employees, directors, officers, shareholders, agents and representatives, acknowledging that Mastercard is one such service provider) from and against any and all claims, costs, losses, damages (direct and indirect), judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your obligations set forth in the Masterpass Operating Rules, including without limitation any violation of the Mastercard Rules; (b) your use of the Masterpass services; (c) the actions of any person (including any developer and/or administrator) or entity you authorize to integrate with or access the Masterpass services on their behalf; and (d) any transaction initiated by you using payment information provided to Processor by Masterpass.
Updates. You are advised to check these Terms from time to time for any updates or changes. The “Last Updated” date at the beginning of these Terms identifies when updates and changes go into effect. Your continued use of the Masterpass services indicates your acceptance of any such updates and changes.
Definitions.
“Masterpass Operating Rules” means Mastercard’s requirements and specifications related to the installation, configuration, testing and use of Masterpass, as made available by Mastercard.
“Merchant Site" means any of your website(s), mobile application(s) of such websites, and mobile versions of such website(s) (optimized or otherwise, including any site designed for tablets) or other ecommerce channels (including, without limitation, mobile web, hybrid, and native applications or sites) where you accept and process transactions via Masterpass.
“Services Documentation" means the Masterpass Operating Rules and all operational documents, technical integration requirements and documentation, user manuals, help files, and other documentation, in written or electronic form, and as modified by Mastercard from time to time, that are intended for use by merchants in connection with Masterpass.