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    Agreement

    Merchant Terms & Conditions

    By executing this agreement, I hereby personally guarantee to JEWEL SYSTEMS INC (JSI) the payment of any obligation of the Company and I hereby agree to bind myself to pay on demand any sum which may become due. I agree that I have read this application and the terms and conditions associated herewith and that everything stated herein is true and correct to the best of my knowledge. I authorize JSI to verify any of the information contained herein and to report such information in accordance with the Fair Credit Reporting Act (F.C.R.A.) or any other applicable laws or regulations. I understand that the acceptance of merchant status and use of JSI services will be subject to the terms of this application and merchant agreement and any other agreements provided by any service providers of JSI. I understand that upon first usage of services that I agree to all terms and conditions of JSI and its service providers and acknowledge that JSI may terminate my account at any time. I also agree to be responsible for all charges incurred according to such terms, and in connection with the use of JSI services. I certify that I am at least eighteen years of age and that I am authorized to enter into this agreement on behalf of the prospective member company. I consent to and authorize JSI and its affiliates and/or service providers to monitor and/or record my telephone conversations with any of their representatives to better ensure quality service. Acceptance of merchant status depends on certain criteria that may or may not include payment history to others, legal action taken by others and/or law enforcement actions. I hereby grant JSI permission to disclose information relating to my account to its affiliated and/or service providers and understand that it is not JSI policy to release information except for marketing, administration and legal purposes. JSI will not release any information concerning my account except as provided for by law or as provided for in this agreement. I hereby authorize JSI to act on my behalf and hereby appoint them as my representative/power of attorney for the purpose of setting and maintaining a business relationship with its/my service providers. I shall also agree to hold harmless JSI and shall indemnify them in any legal action arising out of third party relationships therewith. As a merchant I agree to indemnify and hold harmless JSI for any and all 3rd party determinations or actions. I understand that JSI or its service providers must receive payment for services rendered in connection with my membership in JSI within 15 days of billing date, unless other such arrangements are made in writing. In such case if payment is not received, I authorize JSI to debit my credit card or bank account by electronic means or paper draft and I understand that I will be notified if such action is taken. I understand that JSI may terminate my merchant status at any time for any reason whatsoever. If my merchant status is terminated, I agree to immediately stop using merchant services and will promptly return all materials related to JSI. I understand and agree that if at any time during or after the course of this agreement a dispute arises between JSI, myself and/or my company, I will agree to resolve the matter through arbitration in accordance with the rules of the American Arbitration Association in the County of San Diego, State of California upon written request by either party. In the event legal action is commenced by either party venue shall be proper in the County of San Diego, State of California and the prevailing party shall be entitled to an award of reasonable attorney fees and costs.

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