The American Express Gift Cheque Agreement

The following terms constitute the agreement between American Express Travel Related Services Company, Inc. ("American Express") and the company named on the front side of this form ("The Company").

1. Company agrees to comply with the instructions set forth above, which American Express may amend or supplement from time to time upon reasonable written notice to Company.
2. THE FULL RISK OF LOSS FOR ORDERED GIFT CHEQUES SHALL PASS TO COMPANY IMMEDIATELY UPON THEIR DELIVERY BY AMERICAN EXPRESS. This means that American Express shall not reimburse Company for any delivered Gift Cheque that is lost, stolen, misappropriated or that otherwise disappears. Only Gift Cheque recipients are eligible to receive refunds from American Express in accordance with the agreement between the recipient and American Express. In the event the Company instructs American Express to send Gift Cheques directly to a recipient, American Express will assume liability for the Gift Cheque not received by the recipient except under the following conditions: the address provided by the company for the recipient was incorrect, the request for Gif tCheques was unauthorized, and/or any information received by Amex with regards to the processing of the order was fraudulent or incorrect.
3. Company shall inform all recipients that, in the event of a refund claim by the recipient, American Express shall require the recipient to identify the Company as the giver of the Gift Cheque in addition to other information (such as the serial number of the Gift Cheque) normally required for Gift Cheque refund claims.
4. Company, upon request of American Express, shall promptly and accurately provide American Express with the information described above in "Record Keeping" instructions. Company shall retain such information for each distributed Gift Cheque for seven (7) years following the date of distribution.
5. Company shall be liable to American Express for direct costs and expenses caused by Company's failure to respond promptly and accurately to an American Express request for required information about a distributed Gift Cheque during the period the Company must retain such information.
6. Company shall not distribute, either internally or to the public, any promotional materials (including but not limited to advertisements, brochures and posters) that refer directly or indirectly to American Express or to Gift Cheques without the prior review and written approval of American Express.
7. Company shall not assign its rights, duties and obligations under this Agreement without the prior written approval of American Express.
8. This Agreement constitutes the entire agreement between American Express and Company as to the matters set forth herein. No amendments or modifications to this Agreement shall be binding upon the parties unless agreed to in writing by both parties.
9. This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

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