Must an Atwell Suites franchisee receive approval from the franchisor before using a Merchant Provider?

4.6 Merchant Providers.

• (a) Data Security Requirements Apply to Merchant Providers. The data security standards set forth in this Section 4 also apply to Merchant Providers.

Before you engage any Merchant Provider, you must provide to us in writing the Merchant Provider's legal name, contact information, and intended function.

You acknowledge and agree that you will not use, or provide Cardholder data access to, any Merchant Provider until you receive our approval (which approval shall not be unreasonably withheld) and, if required, confirmation of our registration of that Merchant Provider with applicable Card Organizations.

• (b) Merchant Provider Compliance. You must ensure that you and Merchant Providers: (i) comply with the registration process which can involve site inspections, background investigations, provision of financial statements, and any other information required by us or a Card Organization; (ii) comply with the periodic and other reporting required by a Card Organization; and (iii) comply with all applicable Card Organization Rules, including without limitation, those requiring security of Cardholder data.

You may allow Merchant Providers access to Cardholder data only for purposes authorized under and in conformance with the Card Organization Rules.

You are responsible for all our costs and expenses associated with our review, approval, certification (and recertification as may be required by us or the Card Organization Rules) and registration of any Merchant Providers.

Source: Item 23 — Receipts (FDD pages 99–486)