Agreement For American Express Card Acceptance By And Between New York .
AGREEMENT FORAMERICAN EXPRESS CARD ACCEPTANCEBY AND BETWEENNEW YORK STATEOFFICE OF GENERAL SERVICESANDAMERICAN EXPRESS TRAVEL RELATEDSERVICES COMPANY, INC.CONTRACT NUMBER PS69501
STATE OF NEW YORKAGREEMENT FORAMERICAN EXPRESS CARD ACCEPTANCEWITHAMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC.CONTRACT # PS6950116thTHIS AGREEMENT (the Agreement or Contract) is made thisday ofNovember,2021 by and between the People of the State of New York, actingby and through the Commissioner of General Services, whose office is on the36th Floor, Corning Tower Building, the Governor Nelson A. Rockefeller EmpireState Plaza, Albany, New York 12242 (herein referred to as OGS or State), andAmerican Express Travel Related Services Company, Inc., with offices at 200Vesey Street, New York, New York 10285 (American Express, our, us or we).Hereinafter, the State and American Express may be collectively referred to asthe “parties” or individually as a “party.”W I T N E S S E T H:WHEREAS, OGS is statutorily authorized to enter into centralized procurementcontracts for services and technology acquisitions for use by New York Stateagencies and departments, public authorities, political subdivisions and othersauthorized by statute to utilize its centralized contracts, (hereinafter AuthorizedUsers), andWHEREAS, OGS is the designated Statewide Electronic Value TransferAdministrator (EVTA) under State Finance Law § 4-a. The EVTA is responsiblefor establishing, facilitating and overseeing statewide policies for the acceptanceand collection of payments including Credit/Charge Cards, Debit Cards,electronic funds transfers, and the effective and efficient implementation,operation and administration of such payment programs; andWHEREAS, OGS has identified a need to provide Authorized Users with theability to accept the American Express Card, and to have American Expressauthorize, capture, settle and report American Express Transactions, and23234 American Express Travel Related Services Company, Inc. (PS69501)Page 2 of 49
WHEREAS, American Express is a sole-source provider of American Expressauthorization, capture, settlement and reporting services, and is acting in suchcapacity in executing and performing this Agreement, andWHEREAS, American Express has submitted pricing information to the State forAmerican Express Card acceptance, and the State has determined that suchpricing is reasonable and acceptable in order to fulfill the State’s needs andobjectives, andWHEREAS, American Express is ready, willing and able to enter into thisAgreement to provide the services set forth herein and American Express agreesto the specifications and terms set forth in this Agreement, andNOW THEREFORE, in consideration of the mutual covenants, terms, andconditions set forth herein, the parties do hereby agree as follows:1.SCOPEThis Agreement sets forth the terms and conditions governing the provision ofservices by Contractor for the Authorization, processing, Settlement, andreporting of American Express Card Transactions and other ancillary servicesto Authorized Users. Except as otherwise set forth in this Agreement, the termsused in this document shall have the meanings set forth in Appendix B. Exceptas specifically provided herein, amendments or modifications to the terms andconditions set forth herein may only be made with mutual written agreement ofthe Parties and with the approval of the New York State Attorney General andthe State Comptroller.The Agreement governs the acceptance of American Express Cards in theUnited States by Authorized Users. The Agreement covers the Authorized Useralone.The Authorized User shall distribute all notices, statements,amendments, and other communications related to this Agreement that itreceives from American Express to its Establishments accepting the Cardhereunder. The Authorized User must not obtain Authorizations, submitCharges or Credits, or receive payments on behalf of any other party, except asotherwise expressly permitted in the Merchant Regulations.The Authorized User must accept the Card as payment for all goods and servicessold at all of its Establishments, except as otherwise expressly specified in theMerchant Regulations. Each Authorized User is responsible and liable for theperformance by its Establishments of all provisions of and obligations in thisAgreement. For the avoidance of doubt, OGS is not responsible or liable for theperformance by Authorized Users of the provisions of or obligations in thisAgreement.23234 American Express Travel Related Services Company, Inc. (PS69501)Page 3 of 49
As the payment processing industry changes and evolves over time, the Statereserves the right to allow additional products or services within the generalscope of this Contract award to be added to the Contract(s), with the agreementof the Contractor and upon approval by OGS and Contractor, via Contractamendment or Appendix C update, as applicable.Use of this NYS OGS centralized contract with American Express Travel RelatedServices Company, Inc. is required for Authorized Users to process AmericanExpress Card Transactions. The awarded contractors on centralized 00823111can.htmshall provide for processing, Settlement, and reporting of American Express Card Transactions and other ancillary services to Authorized Users of AmericanExpress Cards.Contractor acknowledges that it does not classify an Authorized User as aPayment Aggregator on Contractor’s Network. If an Authorized User wishes toprovide Payment Aggregator services and has obtained the necessary approvalsto do so, and Contractor, in its sole discretion, approves and classifies suchAuthorized User as a Payment Aggregator, then Chapter 13, “PaymentAggregator,” of the Merchant Regulations shall apply to such Authorized User.Otherwise, Chapter 13 does not apply to an Authorized User, as set forth inAppendix C, section 2.2.EXCLUSIONS FROM SCOPENo hardware, supplies or consulting services are available for purchase underthis Agreement. No development or customization work will be provided underany order. Furthermore, the Parties agree that no Systems or projects shall beprovided under this Agreement. The Parties expressly agree that the Agreementshall not be amended to add hardware, any other consulting services or Systemsas an offering. The Parties also agree that no public works or building serviceswork can be provided by the Contractor under this Agreement.3.DEFINITIONSCapitalized terms used but not otherwise defined herein have the meaningsascribed to them in the Merchant Regulations. Some definitions that appear inthe Merchant Regulations are amended in this section 3. of this Agreement.23234 American Express Travel Related Services Company, Inc. (PS69501)Page 4 of 49
American Express Card or Card mean (i) any card, account access device, orpayment device or service in each case bearing our or our Affiliates’ Marks andissued by an Issuer or (ii) a Card Number.American Express Network or Network - Network of merchants that acceptCards and the operational, service delivery, systems, and marketinginfrastructure that supports this Network and the American Express Brand.Automated Clearing House (ACH) – the electronic money transfer system of theFederal Reserve System.Authorized User(s) – a New York State agency, department, public authority,political subdivision or other entity authorized by statute to utilize OGScentralized service contracts. This definition shall supersede and replace thedefinition set forth in Appendix B, Section 2.a., Definitions. Any and allreferences in the Merchant Regulations to Affiliate(s), as it applies to AuthorizedUser, are hereby deleted and replaced with references to Authorized User.Bank – a bank within the United States that participates in ACH.Bank Account - an account that an Authorized User holds at a bank or otherfinancial institution.Cardmember - an individual or Entity (i) that has entered into an agreementestablishing a Card account with an Issuer or (ii) whose name appears on theCard. (Cardmember is sometimes referred to as “Card Member” in our materials.)Charge - a payment or purchase made on the Card.Chargeback when used as a verb, means (i) our reimbursement from you forthe amount of a Charge subject to such right or (ii) our reversal of a Charge forwhich we have not paid you; when used as a noun, means the amount of aCharge subject to reimbursement from you or reversal. Chargeback is sometimescalled “full recourse” or “Full Recourse” in our materials)Convenience Fee – a payment mechanism by which, at the direction of anAuthorized User, a service provider (e.g., Internet or Interactive Voice Responseservice provider) is reimbursed by device users for costs associated withproviding such services. The amount of the Convenience Fee and the method bywhich it may be collected shall be set forth in Authorized User’s ImplementationPlan.23234 American Express Travel Related Services Company, Inc. (PS69501)Page 5 of 49
Corporate Purchasing Card (CPC) - Corporate Purchasing Card (CPC) programassists with procurement costs and enables streamlining of the procurementprocess from sourcing and buying, to billing payment and reconciliation.Credit/Charge Cards – the four nationally recognized branded cards:MasterCard, Visa, Discover and American Express.Credit - the amount of the Charge that you refund to Cardmembers forpurchases or payments made on the Card.Debit Card - a Card that accesses a demand deposit, current, savings, or similaraccount. A Transaction is settled from the accessed account. A Debit Card isnot a Prepaid Card.Disputed Charge - a Charge about which a claim, complaint, or question hasbeen brought.Electronic Pay – the pay program where funds are sent from Contractorelectronically via the ACH.Electronic Value Transfer Administrator (EVTA or OGS) - the New York StateOffice of General Services.Entity - a corporation, partnership, sole proprietorship, trust, association, orany other legally recognized entity or organization.Financial Services Processor (FSP) - a processor of Credit/Charge Cards. Alsoreferred to as a “Processor” in Contractor’s materials.Program Plan Application Form – a document that is to be completed by everyState Agency for the purpose of receiving approval from the EVTA and Divisionof the Budget for their EVTA agency plan. Each State Agency must receive signoff from EVTA prior to submitting this form to the Contractor. The State reservesthe right to modify this form, at its discretion, throughout the term of theAgreement without prejudice to Contractor and without the approval of theDepartment of Law or the Office of the State Comptroller. The Program PlanApplication Form is attached as Appendix F of this Agreement.Work Order Form – a document issued by an Authorized User which providesall the EVT technical project details, project costs and any unique administrativeterms and conditions required by an Authorized User. Each Work Order Formthat incorporates unique terms or conditions not provided for in the Agreementshall be reviewed and approved in writing by Contractor prior to itscommencement of any services described in this Agreement. For a State AgencyAuthorized User, the EVTA shall review and approve the form in writing prior to23234 American Express Travel Related Services Company, Inc. (PS69501)Page 6 of 49
commencement of any services described in this Agreement. The Work OrderForm is attached as Appendix G. The State reserves the right to modify this form,at its discretion, throughout the term of the Agreement without prejudice toContractor and without the approval of the Department of Law or the Office ofthe State Comptroller.Full Recourse – Refer to the definition of “Chargeback” in the MerchantRegulations.Marks - names, logos, service marks, trademarks, trade names, taglines, orother proprietary designs or designations.Merchant Number - a unique number American Express assigns to AuthorizedUsers and their Establishment(s).Merchant Regulations - the American Express Merchant Regulations – U.S.,which are available at www.americanexpress.com/merchantpolicy and can beaccessed by entering your online Merchant Account user ID and password. TheMerchant Regulations are attached as Appendix E of this Agreement.Other Payment Products - any charge, credit, debit, stored value, prepaid, orsmart cards, account access devices, or other payment cards, services, orproducts other than the Card.Plural Interface Processing (PIP) – the multiple direct routing process (via anAmerican Express terminal or software) that routes bank card transactions toFSPs and American Express transactions directly to American Express for bothauthorizations and submission for settlement.Reverse PIP – the multiple direct routing process (via a non-American Expressterminal or software) that routes bank card transactions to FSPs and AmericanExpress transactions directly to American Express for both authorizations andsubmission for settlement.Split Dial – the routing process (via a terminal or software) that does not supportPIP technology may still have the capability of sending authorization requestsdirectly to American Express, but the settlement submission batch is routedthrough an FSP, generally meaning that the industry-specific software cannot beaccommodated.Subcontractor or subcontractor - means any individual or other legal entity,(including but not limited to sole proprietor, partnership, limited liabilitycompany, firm or corporation) who has entered into a contract with Contractor,express or implied, for the performance of a portion of this Agreement, and shall23234 American Express Travel Related Services Company, Inc. (PS69501)Page 7 of 49
not mean any third party vendor with whom Contractor has entered into anagreement to receive goods and/or services which Contractor utilizes in itsregular course of business. This definition shall supersede and replace thedefinition set forth in Appendix B, Section 2.ii., Definitions.Telephone Order – an order that occurs when Card payment information istaken over the telephone.The definition in the Merchant Regulations you and your is hereby deleted inits entirety and replaced with the following:You and your (sometimes called the “Merchant”, “Service Establishment”, or“SE” in American Express’s materials) mean the Authorized Users.4.ORDER OF PRECEDENCEThe following documents shall be deemed part of this Agreement and the Partiesagree to perform this Agreement in accordance with all the conditions, covenantsand representations set forth in these documents:a. Appendix A, Standard Clauses for New York State Contracts;b. This Agreement (that is, the material preceding the Parties’ signatures),exclusive of all other Appendices;c. Appendix B, General Specifications;d. Appendix C, Other Important Provisions for Card Acceptance andExceptions to the Merchant Regulations;e. Appendix E, Merchant Regulations;f. Appendix F: Program Plan Application Form;g. Appendix G: Work Order Form;h. Appendix D, Federal Funding Agency Mandatory Terms andConditionsi. Appendix H, Procedures for Updating Agreement Pricing and/or ProductListings.j. Appendix I, Contractor’s Insurance Requirements.In the event of any discrepancy, disagreement or ambiguity among the abovelisted documents, they shall be given preference in the order listed above tointerpret and to resolve such discrepancy, disagreement or ambiguity.5.APPENDIX AAppendix A, Standard Clauses for New York State Contracts, attached hereto, ishereby expressly made a part of this Agreement as fully as if set forth at lengthherein.23234 American Express Travel Related Services Company, Inc. (PS69501)Page 8 of 49
6.CLAUSES RESERVED IN APPENDIX BThe Parties agree that the following clauses from Appendix B are not applicableto this Agreement:3. International Bidding4. Bid Opening5. Late Bids7. Prevailing Wage Rates – Public Works and Building Services Contracts10.Product References11. Remanufactured, Recycled, Recyclable, or Recovered Materials12. Products Manufactured in Public Institutions13. Pricing14. Site Inspections15. Purchasing Card16. Bid Evaluation17. Tie Bids18. Quantity Changes Prior to Award19. Timeframe for Offers27. Scope Changes28. Estimated/Specific Quantity Contracts31. Product Delivery32. Weekend and Holiday Deliveries33. Shipping/Receipt of Product35. Product Substitution36. Rejected Product37. Installation38. Repaired or Replaced Products, Parts, or Components50. Toxic Substances54. Warranties, sub-sections c., d., e., and i.64. Ownership/Title to Project Deliverables7.MERCHANT REGULATIONSThe Merchant Regulations set forth the policies and procedures governingacceptance of the Card. The Authorized User shall ensure that its personnelinteracting with customers are fully familiar with the Merchant Regulations. TheMerchant Regulations are a part of, and are hereby incorporated by referenceinto, the Agreement. The Authorized User agrees to be bound by and accept allprovisions in the Merchant Regulations (as changed from time to time (i) asrequired by Applicable Law; and (2) to the extent such provisions do not conflictwith the provisions set forth in the Agreement documents that are givenpreference to the Merchant Regulations in the Order of Precedence above) as if23234 American Express Travel Related Services Company, Inc. (PS69501)Page 9 of 49
fully set out herein and as a condition of the Authorized User’s agreement toaccept the Card. American Express has the right to make changes to theMerchant Regulations in scheduled changes and at any time in unscheduledchanges as set forth in section 10 below. The Merchant Regulations and releasesof scheduled changes therein are provided in electronic form, existing at thewebsite specified below in the definition of “Merchant Regulations” or itssuccessor website. We will provide you a paper copy of or a CD-ROM containingthe Merchant Regulations or releases of scheduled changes therein upon yourrequest. To order a copy, please call our Merchant Services representatives(telephone: 1-800-528-5200).The Parties recognize that the numbering system used in the MerchantRegulations may change. For avoidance of doubt, the Parties agree that thenarrative used to describe a section of the Merchant Regulations controls overthe number reference. For example, in the phrase “Chapter 14, Merchant Fees”,the controlling element is the narrative “Merchant Fees.”8.TRANSITION PERIOD/AUTHORIZED USERS.In order to ensure continued Card acceptance of existing Authorized Users whoare accepting the Card under the prior agreement between the State Of New York- Office of General Services Procurement Services Group and American ExpressTravel Related Services Company, Inc., for Statewide Electronic Value TransferServices (Group No. 79008) - Contract No. PS65669 (the Prior CAA), during theperiod of time until the Authorized User executes a new Work Order Form underthis Agreement (Contract No. PS69501) (such time period herein calledthe Transition Period) the State, having the authority, authorizes its AuthorizedUsers to continue to accept the Card under the Prior CAA (EVTA forms 1 and 2)during the Transition Period until the Authorized Users complete the OGSapproved Work Order Form under this Agreement. It being understood by theparties, the Transition Period shall be no longer than a period of twelve (12)consecutive months from the effective date of this Agreement.9.CONTRACT TERMThis Agreement shall commence upon New York State Office of the StateComptroller (OSC) approval and will be in effect for a term of five (5) years, unlesssooner terminated as herein specified. Upon mutual agreement of both parties,this Agreement may be extended for up to one (1) additional five (5) year term.10.CONTRACT AMENDMENTSExcept as otherwise provided in this Agreement or required pursuant toApplicable Law, this Agreement may not be changed, altered or modified exceptby an instrument in writing executed and approved by both Parties, subject to23234 American Express Travel Related Services Company, Inc. (PS69501)Page 10 of 49
the approval of the New York State Office of the Attorney General and the NewYork State Office of the State Comptroller, provided that Contractor may changethe Merchant Regulations pursuant to the following provisions. Authorized Useragrees to accept all changes (and further to abide by the changed provisions inthe Merchant Regulations) as a condition of its agreement to accept the Card tothe extent such provisions do not conflict with the provisions set forth in thedocuments that are given preference to the Merchant Regulations in section 4above.(1) Scheduled Changes. The Merchant Regulations are published twice eachyear, in April and October. Contractor has the right to, and hereby notifiesyou that Contractor may, change the provisions of the MerchantRegulations in scheduled releases (sometimes called “Notification ofChanges” in Contractor’s materials) as follows: a release of scheduled changes, to be published every April, whichchanges shall take effect in the following October (or in a later)edition of the Merchant Regulations or during the period betweentwo editions of the Merchant Regulations, and a release of scheduled changes, to be published every October,which changes shall take effect in the following April (or in a later)edition of the Merchant Regulations or during the period betweentwo editions of the Merchant Regulations.Where a change is to take effect during the period between two editions ofthe Merchant Regulations, Contractor shall also include the change in theedition of the Merchant Regulations covering the period during which thechange shall take effect, noting the effective date of the change therein.(2) Unscheduled Changes. Contractor also has the right to, and herebynotifies Authorized User that Contractor may, change the provisions of theMerchant Regulations in separate unscheduled releases, which generallyshall take effect ten days after notice to Authorized User (unless anothereffective date is specified in the notice).Contractor shall provide an electronic copy of each scheduled andunscheduled change to OGS via electronic e-mail within thirty (30) days ofthe applicable release. Any unscheduled changes which are mandated bylaw shall take effect as set forth in subsection (2) above of this section 10.Except for unscheduled changes which are mandated by law, OGS agreesto notify Contractor if OGS, or an Authorized User, objects to any of theapplicable changes within 60 days of OGS’s receipt of the applicablerelease, or such other time as the Parties may agree to in writing. If the23234 American Express Travel Related Services Company, Inc. (PS69501)Page 11 of 49
Parties cannot reach an agreement with respect to any such changes priorto the effective date of such changes, or some other time mutually agreedupon by the Parties, then: (i) the Authorized User may terminate its WorkOrder Form; or (ii) OGS may terminate the Agreement. Any suchtermination shall take effect as of the effective date of the applicablechanges. In the event that OGS, or Authorized User, does not object to thechanges, or if OGS or Authorized User raises an objection, but does notexercise its termination rights under this section 10, then such changesshall apply to this Agreement as of the effective date of such change.11.AMEX NETWORKThe State and Contractor agree that the American Express Network, as definedin the April 2021 edition of the Merchant Regulations, with the exception of theMerchant Interactive tool (MI), is neither Licensed Software nor a LicensedProduct, but that it is a Product. Accordingly, Contractor shall have no obligationto meet the requirements of sections 60 through 66 of Appendix B of thisAgreement with respect to the American Express Network (with the exception ofthe Merchant Interactive tool). Contractor’s MI tool allows for reconciliation ofpayment, facilitates the resolution of Inquiries and Disputed Charges andprovides Authorized Users reporting or, more generally, access to an AuthorizedUser’s Account online at www.americanexpress.com/merchant.12.ACCEPTING THE CARDa. Acceptance. Authorized Users must accept the Card as payment for all goodsand services sold at all of an Authorized User’s Establishments, except asotherwise expressly specified in the Merchant Regulations. Authorized User(s)agree that the provisions of Chapter 3 (Card Acceptance) of the MerchantRegulations are reasonable and necessary to protect the Cardmember’s choiceof which Card to use. Authorized User is responsible and jointly and severallyliable for the performance by Authorized User’s Establishments of all provisionsof the Agreement and all obligations of Authorized User’s Establishments underthe Agreement.b. Transaction Processing and Payments. Our Card acceptance, processing, andpayment requirements are set forth in the Merchant Regulations. Somerequirements are summarized here for ease of reference, but do not supersedethe provisions in the Merchant Regulations.i. Format. You must create a Charge Record for every Charge and a CreditRecord for every Credit that complies with our Technical Specifications, asdescribed in the Merchant Regulations. If the Cardmember wants to usedifferent Cards for payment of a purchase, you may create a separate Charge23234 American Express Travel Related Services Company, Inc. (PS69501)Page 12 of 49
Record for each Card used. However, if the Cardmember wants to use a singleCard for payment of a purchase, you shall not divide the purchase into morethan one Charge nor shall you create more than one Charge Record unlessthe purchase qualifies for a Delayed Delivery Charge.ii. Authorization. For every Charge, you must obtain from and submit to usan Authorization Approval code. An Authorization Approval does notguarantee that (i) the person making the Charge is the Cardmember, (ii) theCharge is in fact valid or bona fide, (iii) you will be paid for the Charge, or (iv)you will not be subject to Chargeback.iii. Submitting Charges and Credits. Authorized User and its Establishmentsmust submit Charges and Credits only in U.S. dollars. You must not issue aCredit when there is no corresponding Charge. You must issue Credits to theCard used to make the original purchase, except as otherwise expresslyspecified in the Merchant Regulations.iv. Payment for Charges. We will pay you according to your payment plan inU.S. dollars for the face amount of Charges submitted from yourEstablishments less all applicable deductions, rejections, and withholdings,which include: (i) the Discount, (ii) any amounts you owe us or our Affiliates,(iii) any amounts for which we have Chargebacks, and (iv) any amounts forwhich you have submitted Credits. Your initial Discount and payment planare indicated on Appendix C, attached hereto and made a part hereof. Inaddition to your Discount the only other fee we may charge you areprocessing/gateway fees, as described in Section 13 below.v. Chargeback. We have Chargeback rights, as described in the MerchantRegulations. We may Chargeback Authorized Users and their Establishmentsaccording to the process described in Section 14 below. Our failure todemand payment does not waive our Chargeback rights.vi. Protecting Cardmember Information. You must protect CardmemberInformation, as described in the Merchant Regulations. You have additionalobligations based on your Transaction volume, including providing to usdocumentation validating your compliance with the PCI DSS.13.AGREEMENT COSTSAll costs associated with this Agreement are outlined in Appendix C (OtherImportant Provisions for Card Acceptance/Exceptions to the MerchantRegulations). For the avoidance of doubt, except for Gateway Fees, any fees setforth in the Merchant Regulations, including, but not limited to, any fees setforth in Chapter 14, Merchant Fees, of the Merchant Regulations, that are notalso set forth in Appendix C shall not apply. Any adjustment to the fees set forthin Appendix C shall be submitted to OGS by Contractor pursuant to AppendixH.23234 American Express Travel Related Services Company, Inc. (PS69501)Page 13 of 49
A. Discount Rate – The Discount Rate is calculated as a percentage of theTransaction and is set forth in Appendix C. Effective every April 1st(beginning after the first full calendar year of this Agreement) AmericanExpress may seek to adjust the Discount Rate. Any request for an increasein the Discount Rate must be provided to the State, with sixty (60) daysadvance written notice. American Express must provide the appropriatesupporting written documentation for the rate increase, as mandated bythe Office of the State Comptroller. The effective date of such change shallcoincide with the beginning of the next monthly invoicing cycle followingState Comptroller approval. However, if the State determines a change inthe discount rate to be unacceptable, the State shall notify Contractor andthe parties will negotiate in good faith to attempt to arrive at mutuallyagreeable terms. If the parties are unable to reach mutually agreeableterms, then the State shall have the option of terminating this Agreementconsistent with Section 43 of Appendix B; or (ii) American Express canwithdraw such request for an increase in the Discount Rate.The Discount Rate tables set forth in Appendix C are the Discount Ratetables for merchants classified in the state government industry category(industry code 541) as of the Effective Date. The State acknowledges thatAmerican Express’s discount rate tables and pricing policies may bemodified by American Express from time to time. Any modification to theState’s Discount shall follow the procedures outlined in the Agreement inAppendix H.B. Gateway Fees – If an Authorized User or its Covered Parties routeAuthorization requests to Contractor through the Vi
23234 American Express Travel Related Services Company, Inc. (PS69501) Page 5 of 49 American Express Card or Card mean (i) any card, account access device, or payment device or service in each case bearing our or our Affiliates' Marks and issued by an Issuer or (ii) a Card Number. American Express Network or Network - Network of merchants .
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