Page 41 - GS190602
P. 41

Education




        5. Consequences of termination       negotiated agreement to terminate – rather than by unilateral and potentially
                                             wasteful action. A negotiated termination is, of course, not always possible due
        Getting out of a bad contract is good,   to opposing perspectives that are simply irreconcilable. Attempt to negotiate
        but make sure the consequences of    when possible. Negotiation can take away the element of surprise, but it often
        termination are acceptable to you    costs less than litigation.
        before terminating. For example:
        ask whether your ISO might be        In publishing The Green Sheet, neither the author nor the publisher is engaged in rendering legal,
        liable for certain fees even after   accounting, or other professional services. If legal advice or other expert assistance is required,
        the agreement is terminated;         the services of a competent professional should be sought. For further information on this article,
        determine whether the post-          please contact Adam Atlas, Attorney at Law via email at atlas@adamatlas.com or by phone at
        termination       non-solicitation   514-842-0886.
        provisions are acceptable to you;
        and find out how the agreement's
        confidentiality provision would
        likely impact your plans following                          It’s a War out there!
        termination. These must all be
        considered prior to termination.                   Time to Band together with the Band of ISO’s

        The most important consideration,
        however, is whether the ISO will
        continue to be paid residuals after
        termination. Most  ISOs believe
        they are  entitled  to  lifetime
        residuals  on   merchants   they
        bring to processors. However,
        the  definition  of "lifetime"  can
        vary from contract to contract.
        Make sure residuals will be paid
        following  termination  –  including
        after the specific termination steps
        your ISO wishes to implement.
                                                     The Merchant Store Presents the ISO Co-op
        The consequences of termination
        are most complicated when a
        party is terminating for cause.                            Best Buy Rates in the business!
        The consequences of a conflictual
        termination are unpredictable and            Customer Service that is actually a service to the customers!
        not within the control of the party                            True Revenue sharing
        terminating. For example, if an ISO
        believes a processor has wrongfully                      Join today for a better Tomorrow!
        underpaid the ISO and terminates
        the agreement for that reason,                The Merchant Store Promise:
        the ISO must  consider whether                • 60 - 80% commission
        the processor has underpaid for               • Transaction fees: 4 cents!
        reasons the processor believes are            • $5.00 service fee
        rightful – and not simply to keep             • Up-front bonus ( does not effect split )
        money that would otherwise be                 • True revenue sharing!
        paid to the ISO.                              • Wholesale equipment pricing!
                                                      • Free Terminal and POS placement options!
        Long-lasting termination disputes             • And, one-on-one support, when and how you need it!
        can sometimes outlast the longevity
        of the portfolio in dispute – or cost     Real partner solutions for Career minded agents!
        more to litigate than the value of
        the portfolio itself.
                                                                                To setup your custom agent program,
        6. Negotiated termination                    TheMerchantStore                   Contact us at: 844.898.2884
                                                     Minding your business  or Visit our website: MerchantCoOp.com
        Just like a bad marriage, a contract
        between parties that are constantly    LIFETIME RESIDUALS  ::  UP-FRONT CASH  ::   WHOLESALE EQUIPMENT
        feuding is best ended by way of

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