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MasterCard Rules (PDF)

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Merchants<br />

5.5 Payment Facilitator Obligations<br />

5.5.1 Sub-merchant Screening Procedures<br />

Before entering into, extending, or renewing an agreement with a Sub-merchant,<br />

a Payment Facilitator must verify that the entity is a bona fide business, has<br />

sufficient safeguards in place to protect Cardholder and Transaction information<br />

permitted by the Standards to be captured from unauthorized disclosure or use,<br />

complies with applicable laws, and that each Transaction submitted by the<br />

Sub-merchant will reflect bona fide business between the Sub-merchant and a<br />

Cardholder.<br />

In determining whether the entity is a bona fide business, the Payment >><br />

Facilitator must perform a credit check, background investigations, and<br />

reference checks of the Sub-merchant, and a check for validity of the business<br />

address and other information provided by the Sub-merchant. If the credit<br />

check raises questions or does not provide sufficient information, the Payment<br />

Facilitator also should conduct a credit check of:<br />

1. the owner, if the entity is a sole proprietor;<br />

2. the partners, if the entity is a partnership; or<br />

3. the principal shareholders, if the entity is a corporation.<br />

It is also recommended that the Payment Facilitator performs an inspection of >><br />

the entity’s premises or Web sites and records to ensure that it has the proper<br />

facilities, equipment, inventory, agreements, and personnel required and if<br />

necessary, license or permit and other capabilities to conduct business.<br />

The Payment Facilitator must retain all records concerning the investigation<br />

of any entity with which it has entered into a Sub-merchant agreement for a<br />

minimum of two years after the date the agreement is terminated or expires.<br />

5.5.2 MATCH Inquiry Required<br />

Before entering into, extending, or renewing an agreement with a Sub-merchant,<br />

the Payment Facilitator must request that its Acquirer make an inquiry to the<br />

<strong>MasterCard</strong> Member Alert to Control (High-risk) Merchants (MATCH) system.<br />

The Acquirer must ensure that the Payment Facilitator does not sponsor as a<br />

Sub-merchant any entity listed on the MATCH system as having been terminated<br />

for a reason described in section 11.5.1 of the Security <strong>Rules</strong> and Procedures<br />

manual.<br />

The Acquirer must add each Sub-merchant terminated for any such reason to the<br />

MATCH system per section 11.2.2 of the Security <strong>Rules</strong> and Procedures manual.<br />

5.5.3 Sub-merchant Agreement<br />

Each Payment Facilitator must enter into a written agreement with each<br />

Sub-merchant which sets forth the terms applicable to the Sub-merchant’s<br />

acceptance of Cards and otherwise complies with this Rule 5.5.3.<br />

©1969–2012 <strong>MasterCard</strong>. Proprietary. All rights reserved.<br />

5-8 12 December 2012 • <strong>MasterCard</strong> <strong>Rules</strong>

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