Merchant certifies that all information provided to LubyNet. (“LubyNet”) set forth in this completed Merchant Processing Application is true and correct. By its electronic signature of this Merchant Processing Application, Merchant acknowledges prior to the processing of Merchant’s first transaction with Bank it will have received (either in person or by e-mail as a pdf attachment) and hereby accepts the terms and conditions (also known as Merchant Services Program Terms and Conditions) which includes the

Your Payments Acceptance Guide, the General Terms, Third Party Agreements and Confirmation Page, all of which together with the Merchant Processing Application and the schedules thereto and other documents incorporated therein, constitute your agreement with LubyNet and Bank. Terms not defined in this Merchant Processing Application shall have the definitions as set forth in the <LubyNet Terms & Conditions>. Merchant understands that a copy of the <LubyNet Terms & Conditions > is provided to Merchant with the welcome kit the Merchant will be sent and is also available at: LubyNet.com/terms. By signing below, each of the undersigned authorizes us, our Affiliates and our third-party subcontractors and/or agents to verify the information contained in this Application and to request and obtain from any consumer reporting agency and other sources, including bank references, personal and business consumer reports and other information and to disclose such information amongst each other for any purpose permitted by law. If the Merchant Processing Application is approved, each of the undersigned also authorizes us, our Affiliates and our third-party subcontractors and/or agents to obtain subsequent consumer reports and other information from other sources, including bank references, in connection with the review, maintenance, updating, renewal or extension of the  Agreement or for any other purpose permitted by law and disclose such information amongst each other. Each of the undersigned furthermore agrees that all references, including banks and consumer reporting agencies, may release and all personal and business credit financial information to us, our Affiliates and our third-party subcontractors and/or agents.

Each of the undersigned authorizes us, our Affiliates and our third-party subcontractors and/or agents to provide amongst each other the information contained in this Merchant Processing Application and <LubyNet Terms & Conditions > and any information received subsequent thereto from all references, including banks and consumer reporting agencies for any purpose permitted by law. It is our policy to obtain certain information in order to verify your identity while processing your account application.

If LubyNet does not approve Merchant for a Merchant Processing Agreement in connection with this Merchant Processing Application, Merchant hereby consents to the forwarding of all information contained in this Merchant Processing Application, as well as all other information disclosed by Merchant in connection with this Merchant Processing Application to different potential merchant account provider(s) for the purpose of considering Merchant for a merchant processing account. By signing below, I represent that I have read and authorized to sign and submit this application on behalf of the entity above and all information I have provided herein is true, complete and accurate. As part of our approval, processing services, continuing fraud prevention and account review processes, the undersigned consents to the use of information gathered online or that you submit to us, and/or automated electronic computer security screening, by us or our third-party vendors. Merchant authorizes LubyNet and Bank and their affiliates to charge Merchant’s designated credit card, bank account (via Automated Clearing House (ACH)) or any other type of account provided by Merchant to LubyNet, for any amounts due to LubyNet or Bank from Merchant under this <LubyNet Terms & Conditions > or any other agreements with Merchant, including, but not limited to, costs associated with equipment hardware, software and shipping other than funds related to merchant acceptance, including settlement funds, reserves, suspended settlement, and other funds, which are held and controlled by the Bank. You further acknowledge and agree that you will not use your merchant account and/or the Services for illegal transactions, for example, those prohibited by the Unlawful Internet Gambling Enforcement Act, 31 U.S.C. Section 5361 et seq., as may be amended from time to time, or processing and acceptance of transactions in certain jurisdictions pursuant to 31 CFR Part 500 et seq. and other laws enforced by the Office of Foreign Assets Control (OFAC). Merchant certifies, under penalties of perjury, that the federal taxpayer identification number and corresponding filing name provided herein are correct. This Merchant Processing Application and Agreement shall not take effect until Merchant has been approved and this Agreement has been accepted by LubyNet and Bank. In exchange for LubyNet and Bank (the Guaranteed Parties) acceptance of, as applicable, the Agreement, and/or the PGE Agreement, the undersigned unconditionally and irrevocably guarantees the full payment and performance of Merchant’s obligations under the foregoing agreements, as applicable, as they now exist or as modified from time to time, whether before or after termination or expiration of such agreements and whether or not the undersigned has received notice of any amendment of such agreements. The undersigned waives notices of default by Merchant and agrees to indemnify the Guaranteed Parties for any and all amounts due from Merchant under the foregoing agreements. The Guaranteed Parties shall not be required to first proceed against Merchant to enforce any remedy before proceeding against the undersigned. This is a continuing personal guaranty and shall not be discharged or affected for any reason. The undersigned understands that this is a Personal Guaranty of payment and not of collection and the Guaranteed Parties are relying upon this Personal Guaranty in entering into the foregoing agreements, as applicable.