Chargeback Monitoring Programs. 16.1 In the event that MERCHANT exceeds a one (1) percent CHARGEBACK to interchange ratio in two months out of three for Consumer Dispute CHARGEBACKS ("CDCS") or a two and three-quarters (2.75) percent CHARGEBACK to interchange ratio for all incoming chargebacks, MERCHANT will be defined as a "REVIEW-MERCHANT". On notification of Review Merchant status MERCHANT will supply FNBO with a business plan as to how to reduce the amount of CDCs in the event that MERCHANT is unable to reduce CDCs below one (1) percent within 120 days and maintain them at that level for a six (6) month probationary period FNBO or VISA may terminate MERCHANT's agreement to process SALES. In this event MERCHANT will pay FNBO for any fine or charge levied on FNBO or MERCHANT as a result of such classification or notification. The parameters of this section may be amended from time to time as a result of action by ASSOCIATIONS.
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Sources: Merchant Transaction Processing Agreement (Cybergold Inc), Merchant Transaction Processing Agreement (Cybergold Inc)