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Maestro Global Rules (PDF) - MasterCard

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Liabilities and Indemnification<br />

13.1 Warrant Compliance by Sponsored Customers<br />

13.1 Warrant Compliance by Sponsored Customers<br />

1. Every Principal warrants that each Customer it Sponsors will perform and<br />

discharge all its responsibilities, duties, obligations and liabilities arising<br />

in connection with the <strong>Rules</strong>, its License agreement, other applicable<br />

agreements, and the regulations, policies and technical specifications of<br />

the Corporation.<br />

Principals are liable to the Corporation and other Customers for the actions,<br />

or failures to act, of their Sponsored Customers to the same extent that such<br />

Principals would be liable if such actions, or failures to act, were their own.<br />

2. All Customers make the same warranties and assume these same liabilities<br />

with regard to entities whose ATMs they connect, directly or indirectly, to<br />

the Interchange System, as they do with regard to Sponsored Customers,<br />

including, without limitation, those warranties and liabilities described in<br />

13.1 (1) of this rulebook.<br />

13.2 Liability of Affiliates<br />

Each Affiliate is responsible for the liabilities and obligations arising out of, or in<br />

connection with, its Card programs or acquiring Activities which includes, but is<br />

not limited to, the obligation of a Customer to pay its Merchants, as required in<br />

Chapter 7, “Acquiring,” Rule 7.2 (9) of this rulebook except to the extent any<br />

such liability or obligation has been previously satisfied by its Principal.<br />

In accordance with the Standards and in compliance with applicable law, each<br />

Principal will have access to and may use or otherwise process its Sponsored<br />

Affiliates’ confidential information and Confidential Transaction Data (as defined<br />

in Rule 3.7.2 of this rulebook) in connection with authorization, settlement,<br />

clearing, fraud reporting, chargebacks, billing, and other related activities.<br />

13.3 Liability for Owned or Controlled Entities<br />

For the purposes of this section, the term “customer” means a Customer (as<br />

such term is defined in the <strong>MasterCard</strong> <strong>Rules</strong> and Customer (as such term is<br />

defined in the <strong>Maestro</strong> <strong>Global</strong> <strong>Rules</strong> and the Cirrus Worldwide Operating <strong>Rules</strong>).<br />

Each customer (a “Responsible Customer”) shall irrevocably and unconditionally<br />

guarantee, as a primary obligor and not merely as a surety, to the Corporation<br />

and all other customers, the prompt payment and performance of the<br />

obligations (the “Guaranteed Obligations”) of each of the Responsible<br />

Customer’s affiliated entities arising under the Standards (as such term is<br />

defined in the <strong>MasterCard</strong> <strong>Rules</strong>, the <strong>Maestro</strong> <strong>Global</strong> <strong>Rules</strong>, and the Cirrus<br />

Worldwide Operating <strong>Rules</strong>, respectively), and from such affiliated entity’s<br />

<strong>MasterCard</strong>, <strong>Maestro</strong>, and Cirrus Activities and use of the Marks (as defined in<br />

the <strong>MasterCard</strong> <strong>Rules</strong>) and the Marks (as such term is defined in the <strong>Maestro</strong><br />

<strong>Global</strong> <strong>Rules</strong> and the Cirrus Worldwide Operating <strong>Rules</strong>).<br />

©1993–2012 <strong>MasterCard</strong>. Proprietary. All rights reserved.<br />

<strong>Maestro</strong> <strong>Global</strong> <strong>Rules</strong> • 9 November 2012 13-1

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