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MasterCard Rules (PDF)

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Service Providers<br />

7.3 General Obligations<br />

5. Seeks bankruptcy protection or similar protection.<br />

A Customer may not receive Program Service by or from any other entity or<br />

person except as set forth in the Standards.<br />

7.3.3 Program Service Agreement<br />

This Rule 7.3.3 is not applicable with respect to a Service Provider whose<br />

provision of Program Service to the Customer consists only of DSE Program<br />

Service.<br />

Prior to the commencement of the performance of Program Service by a person<br />

in support of a Customer Program, the Customer and the Service Provider must<br />

enter into a written agreement describing the Program Service to be performed<br />

(the “Program Service agreement”). The Program Service agreement must be<br />

updated from time to time as appropriate to reflect the Program Service that<br />

the Service Provider performs in support of or otherwise benefitting, directly or<br />

indirectly, the Customer Program(s) and may not contradict, or be inconsistent<br />

with, the Standards.<br />

The Program Service agreement must reflect the Customer’s responsibility,<br />

as described in this chapter, for establishing all management and operating<br />

policies and must not include any provision that limits, or attempts to limit, the<br />

Customer’s responsibility for the Program. The Program Service agreement<br />

must, in substance, include all of the following provisions:<br />

1. The Service Provider has received, understands, and agrees to comply with<br />

all applicable Standards, including these Service Provider <strong>Rules</strong>.<br />

2. On an ongoing basis, the Service Provider is promptly to provide the<br />

Customer with the current address of each of its offices.<br />

3. In the event of any inconsistency between any provision of the Program<br />

Service agreement and the Standards, the Standards will govern.<br />

4. The Program Service agreement automatically and immediately terminates<br />

if the Corporation de-registers the Service Provider or if the Customer<br />

ceases to be a Customer for any reason or if the Customer fails to have a<br />

valid License by the Corporation to use any Mark pertaining to the Program<br />

Service to be performed by the Service Provider.<br />

5. The Service Provider acknowledges and agrees<br />

a. to comply with all Standards, as amended from time to time, applicable<br />

to the Program Service to be provided;<br />

b. that the Corporation is the sole and exclusive owner of the Marks;<br />

c. not to contest the ownership of the Marks for any reason;<br />

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

notice, prohibit the Service Provider from using any of the Marks for<br />

any reason;<br />

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

7-6 12 December 2012 • <strong>MasterCard</strong> <strong>Rules</strong>

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