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MasterCard Rules (PDF)

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Customer Obligations<br />

3.3 Indemnity and Limitation of Liability<br />

1. Impose special terms upon the Customer as the Corporation deems<br />

necessary or appropriate until each condition or discrepancy is resolved to<br />

the Corporation’s satisfaction so as to enable the Customer to be and to<br />

remain in full compliance with Rule 3.2, or<br />

2. Require the Customer to withdraw from Participation.<br />

3.2.6 Nondiscrimination—Europe Region Only<br />

NOTE<br />

A Rule on this topic appears in Section 12b, “SEPA <strong>Rules</strong>.”<br />

3.2.7 Acquirers<br />

NOTE<br />

A Rule on this topic appears in Chapter 10, “Asia/Pacific Region <strong>Rules</strong>,” Chapter<br />

13, “Latin America and the Caribbean Region <strong>Rules</strong>,” and Chapter 15, “United<br />

States Region <strong>Rules</strong>.”<br />

3.3 Indemnity and Limitation of Liability<br />

Each Customer (each, for the purposes of this Rule, an “Indemnifying<br />

Customer”) must protect, indemnify, and hold harmless the Corporation and<br />

the Corporation’s parent and subsidiaries and affiliated entities, and each of<br />

the directors, officers, employees and agents of the Corporation and the<br />

Corporation’s parent and subsidiaries and affiliated entities from any actual<br />

or threatened claim, demand, obligation, loss, cost, liability and/or expense<br />

(including, without limitation, actual attorneys’ fees, costs of investigation,<br />

and disbursements) resulting from and/or arising in connection with, any act<br />

or omission of the Indemnifying Customer, its subsidiaries, or any person<br />

associated with the Indemnifying Customer or its subsidiaries (including,<br />

without limitation, such Indemnifying Customer’s directors, officers, employees<br />

and agents, all direct and indirect parents, subsidiaries, and affiliates of<br />

the Indemnifying Customer, the Indemnifying Customer’s customers in<br />

connection with issuing and/or acquiring Activity and/or other business, and<br />

the Indemnifying Customer’s suppliers, including, without limitation, any<br />

Service Providers, and other persons acting for, or in connection with the<br />

Indemnifying Customer or a Merchant for which the Indemnifying Customer<br />

acquires Transactions, and/or any such Merchant’s employees, representatives,<br />

agents suppliers, customers, including any Data Storage Entity (DSE) with<br />

respect to, or relating to:<br />

1. Any programs and/or Activities of the Indemnifying Customer;<br />

2. Any programs and/or activities of any person associated with the<br />

Indemnifying Customer and/or its subsidiaries;<br />

3. The compliance or non-compliance with the Standards by the Indemnifying<br />

Customer;<br />

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

<strong>MasterCard</strong> <strong>Rules</strong> • 12 December 2012 3-7

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