"Legally" depends on the contract they have with you. Ask them to check again re McAfee with their merchant provider but the whole PCI position is so farcical that you may have to choose between losing the site and adding a Trustwave report. You'd have to do the sums on costs and resources for the extra report and see if it was worth it. One thing to remember is that the site is at the mercy of the merchant provider -- if that provider is anything like one I've dealt with, flexibility will be completely lacking 
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