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MasterCard Rules (PDF)

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Merchants<br />

5.5 Payment Facilitator Obligations<br />

d. the Corporation may at any time, immediately and without advance<br />

notice, prohibit the Sub-merchant from using any of the Marks for any<br />

reason;<br />

e. the Corporation has the right to enforce any provision of the Standards<br />

and to prohibit the Sub-merchant and/or its Payment Facilitator from<br />

engaging in any conduct the Corporation deems could injure or could<br />

create a risk of injury to the Corporation, including injury to reputation,<br />

or that could adversely affect the integrity of the Interchange System,<br />

the Corporation’s Confidential Information as defined in the Standards,<br />

or both; and<br />

f. the Sub-merchant will not take any action that could interfere with or<br />

prevent the exercise of this right by the Corporation.<br />

The Sub-merchant agreement must not contain any terms that conflict with<br />

any Standard.<br />

5.5.4 Obligations as Sponsor of Sub-merchants<br />

A Payment Facilitator must fulfill all of the following obligations with respect<br />

to each of its Sub-merchants.<br />

5.5.4.1 Submit Valid Transactions<br />

The Payment Facilitator must submit to its Acquirer records of valid Transactions<br />

submitted by a Sub-merchant and involving a bona fide Cardholder. The<br />

Payment Facilitator must not submit to its Acquirer any Transaction that the<br />

Payment Facilitator or the Sub-merchant knows or should have known to be<br />

fraudulent or not authorized by the Cardholder, or that either knows or should<br />

have known to be authorized by a Cardholder colluding with the Sub-merchant<br />

for a fraudulent purpose. For purposes of this Rule, the Sub-merchant is deemed<br />

to be responsible for the conduct of its employees, agents, and representatives.<br />

5.5.4.2 Sub-merchant Compliance with the Standards<br />

The Payment Facilitator is responsible for ensuring that each of its<br />

Sub-merchants complies with the Standards, including but not limited to the<br />

Card acceptance requirements set forth in Rule 5.6. The Payment Facilitator<br />

must take such actions that may be necessary or appropriate to ensure the<br />

Sub-merchant’s ongoing compliance with the Standards.<br />

5.5.4.3 Maintaining Sub-merchant Information<br />

The Payment Facilitator must maintain, on an ongoing basis, the names,<br />

addresses, and URLs if applicable of each of its Sub-merchants. The Acquirer<br />

must ensure that the Payment Facilitator promptly supplies the Corporation<br />

with any such information upon request.<br />

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

5-10 12 December 2012 • <strong>MasterCard</strong> <strong>Rules</strong>

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