THIS PCI COMPLIANCE IS GENERATED FOR MANUFACTURERS AND SALES AGENCIES WHO ARE RECEIVING CREDIT CARD INFORMATION FROM SALES AGENCIES USING MarketTime SALES SOFTWARE. MarketTime REQUIRES FULL VERIFICATION OF ALL MANUFACTURERS RECEIVING CRITICAL CUSTOMER DATA FOR CREDIT CARD PROCESSING.

MarketTime puts securing our customers’ personal data as one of the company’s highest priorities. We understand that every time a customer provides us with credit card and bank account information, or other sensitive personally identifying information, they trust that we will protect it—and this policy is designed to ensure that this trust is not misplaced. The foundation of our information security program is a set of strong policies that are in balance with business operational needs.

MarketTime utilizes customer data to deliver services to our customers. Accordingly, all customer information to include cardholder data as well as other sensitive customer and company information, will be protected by all staff, contractors, partners, and services providers in accordance with well-defined policies and procedures.

MarketTime will operate on the security principle of “that which is not explicitly allowed is explicitly denied.” Attempts by anyone to access, monitor, use or share information that is not explicitly allowed to them by our security program will be considered a security violation. Furthermore, access to sensitive information will be permitted on a “need to know” basis, such that employees have access to only those data and systems required to perform their assigned jobs. We will deploy systems, processes, policies, and training to protect our mission critical data assets and customer privacy. Most important, we will monitor and enforce compliance to our policies.

Manufacturers, partners and other third parties will be required to comply with the same standards established for MarketTime. All Manufacturers storing or otherwise accessing our customers’ card holder data must provide proof of PCI DSS Compliance.

Failure to comply with Security policies & guidelines may result in disciplinary action by MarketTime depending upon the type & severity of the violation, whether it causes any liability or loss to the company, and/or the presence of any repeated violation(s). Each situation will be judged on a case-by-case basis. Sanctions may include termination of data processing and/or referral for unlawful prosecution, warnings, or additional security awareness training. There is no requirement for advance notices, written or verbal warnings, or probationary periods.

All Manufacturers that will have access to “Critical Confidential” information, including customer Credit Card numbers and Bank Account numbers, must be covered by a formal contract that includes the following guarantees:
Service providers must comply with all PCI DSS requirements, and maintain and provide proof of PCI DSS certification.
Service providers must acknowledge responsibility for security of the cardholder data they possess, including but not limited to:
o Protect cardholder data as specified by the PCI DSS, if processing or storing payment card data on behalf of MarketTime.
o Report any known or suspect compromise of that data to the company as soon as possible.
o Allow for audits by VISA/MasterCard/American Express/Discover or VISA/MasterCard/American Express/Discover-approved entities in the event of a cardholder data compromise.
o Ensure continued security of cardholder data retained during and after contract terminations.
As part of the Manufacturer Management program, MarketTime will perform due diligence on each Manufacturer prior to signing any contract to confirm that the above guarantees have been adequately met.

YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. IN ADDITION, MarketTime DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS OR ANY PRODUCTS PROVIDED BY SUPPLIERS THROUGH THE SITE; (B) ANY LIABILITY FOR INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, DESCRIPTIONS OF SUPPLIER PRODUCTS; (C) ANY LIABILITY FOR THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) ANY LIABILITY FOR OTHER DAMAGES THAT MAY RESULT FROM THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH MarketTime HAS NO PRACTICAL CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MarketTime WILL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS ORDERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE BY MarketTime OF ANY KIND.

MarketTime IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.

IN NO EVENT WILL MarketTime, ITS SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, LEGAL REPRESENTATIVES, OR AGENTS (COLLECTIVELY, THE “MarketTime PARTIES”) BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER

FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS, ANY PRODUCTS AVAILABLE THROUGH THE SITE, ANY ORDERS SUBMITTED THROUGH THE SITE, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THE USE OF THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MarketTime’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEE RECEIVED BY MarketTime FROM A SUPPLIER ON ACCOUNT OF PRODUCTS SUCH SUPPLIER SOLD TO YOU.

You will indemnify, defend and hold the MarketTime Parties harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (a) your use of the Site; (b) your breach of these Terms and/or any breach of your representations and warranties set forth in these Terms; (c) any acts or omissions by you or on your behalf with respect to any Orders submitted through the Site by you; and/or (d) your violation of applicable law.

We may at our sole and absolute discretion change, add, modify, or delete portions of these Terms at any time without notice by posting an amended version of these Terms on the Site. It is your sole responsibility to regularly review these Terms for changes each time you use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms and the Privacy Policy set forth elsewhere on the Site, the terms of which are incorporated by this reference, constitutes your acceptance of any changes.

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. These Terms and the Privacy Policy supersede all prior discussions and communications between MarketTime and Customer and constitute the parties’ exclusive understanding with respect to the subject matter hereof. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor the right to enforce such provision. If any of these Terms’ provisions are held by a court of law to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions of these Terms will not be affected or impaired thereby. The parties will replace any invalid and/or unenforceable provision with a valid and enforceable provision that most closely meets the aims and objectives of the invalid and/or unenforceable provision. The rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of these Terms.

Any dispute, controversy or claim arising out of or relating to these Terms or the breach or termination hereof will be settled by binding arbitration conducted by JAMS (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (“Rules”). The arbitration will be heard by one arbitrator to be selected in accordance with the Rules, in Dallas County, Texas. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to these Terms, or any breach hereof, including any claim that these Terms, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator will have the power to award reasonable attorneys’ fees to the prevailing party. Notwithstanding anything to the contrary, if MarketTime desires to seek injunctive or other equitable relief that does not involve the payment of money, then those claims will be brought in a state or federal court located in Dallas County, Texas, and you hereby irrevocably and unconditionally consent to personal jurisdiction of such courts and venue in Dallas County, Texas in any such action for injunctive relief or equitable relief and authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this section

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