Billing Statement Messages. Except for the servicing messages of the Servicer (which may include, for example, transferring Cardholders to electronic payment methods) and as otherwise required by Applicable Law, the Company and its Affiliates shall have the exclusive right to use Billing Statement messages in each Billing Cycle to communicate with Cardholders, subject to production requirements contained in the Operating Procedures, the Servicer Systems limitations, and Applicable Law. (****). Notwithstanding the foregoing, any Billing Statement messages required by Applicable Law and any servicing messages to be included as Billing Statement messages shall take precedence over the Company’s and its Affiliates’ messages. The Servicer shall provide the Company with as much advance notice as reasonably practicable regarding its intent to use the Billing Statement for any of such messages. The Company shall deliver Billing Statement materials to the Servicer no later than the fifteenth (15th) day of the month prior to the month in which the Billing Statement message would be used. The Servicer shall, at the Company’s cost, as determined pursuant to Section 2.12 hereof, provide the ability to deliver customized Billing Statement messages to Cardholders, including differentiated messages to Cardholders in the Billing Statements delivered in any single Billing Cycle on the basis of criteria such as customer profiles or geographic location.
Billing Statement Messages. Except for the Bank’s servicing messages and as otherwise required by Applicable Law, the Company and its Affiliates shall have the exclusive right to use Billing Statement (including electronic Billing Statement) messages and Billing Statement envelope and return envelope (or electronic mail) messages in each Billing Cycle to communicate with Cardholders, subject to production requirements contained in the Operating Procedures, the Bank’s System limitations, the Specifications Book, and Applicable Law; provided that, the Company may not use Billing Statement messages to promote or advertise the financial products of any entity other than the Bank or its Affiliates. Such messages shall be included at no cost to the Company. Notwithstanding the foregoing, any Billing Statement messages required by Applicable Law and any servicing messages to be included as Billing Statement messages shall take precedence over the Company’s and its Affiliates’ messages. The Bank shall provide the Company with as much advance notice as reasonably practicable regarding the Bank’s intent to use the Billing Statement for any of such messages by the Bank. The Company shall be entitled to deliver Billing Statement materials to the Bank no later than five (5) Business Days prior to the Bank’s mailing date for inclusion in a mailing. The Bank shall, at no cost to the Company, provide the ability to deliver customized Billing Statement messages (in paper and electronic Billing Statements) to Cardholders, including differentiated messages to Cardholders in the Billing Statements delivered in any single Billing Cycle on the basis of criteria such as shopping behavior, customer profiles or geographic location.
Billing Statement Messages. NMG and its Affiliates shall have the exclusive right to use Billing Statement (including electronic Billing Statement) messages and Billing Statement envelope (or electronic mail) messages in each Billing Cycle to communicate with Cardholders, subject to production requirements contained in the Operating Procedures and Applicable Law. Such messages shall be included at no cost to the NMG Companies. Notwithstanding the foregoing, any message required by Applicable Law shall take precedence over NMG’s and its Affiliates’ messages. Subject to NMG’s prior written approval, which shall not be unreasonably withheld, Bank may communicate with Cardholders about the Program in the Billing Statements as necessary for Bank to comply with its obligations under this Agreement.
Billing Statement Messages. Subject to Section 4.4 and Applicable Law and Network Rules, Company shall have the exclusive right to use Billing Statement messages, and Billing Statement envelope messages in any or all Billing Statements (including print and electronic Billing Statements) in each Billing Cycle to communicate with Cardholders, including via Billing Statement messages selectively targeted for particular classes of Cardholders. Notwithstanding the foregoing, the following messages shall take precedence over any Company messages: (i) any message required by Applicable Law or Network Rules to be communicated to Cardholders to the extent that Bank reasonably determines that the Billing Statement is the best method for making such communications, and (ii) collections and/or Cardholder Service messages. Subject to Section 4.4, Company shall be responsible for preparing the content of all Billing Statement messages, including those required by Applicable Law and Network Rules, subject to Bank’s approval of the content of messages required by Applicable Law or Network Rules. Bank shall provide Company reasonable advance notice of all messages that are required to comply with Applicable Law Network Rules or collections or Cardholder Service messages in the event Company is performing servicing hereunder to allow Company to coordinate the implementation, timing and content of all statement messages. Bank shall not have the right to communicate with Cardholders through the use of Billing Statement messages or Billing Statement envelope messages, other than for communications required by Applicable Law or collections or Cardholder Service messages and as otherwise mutually agreed by the parties in writing.
Billing Statement Messages. Kohl’s shall have the exclusive right to use Billing Statement messages and Billing Statement envelope messages in each Billing Cycle to communicate with Cardholders, subject to Applicable Law. Notwithstanding the foregoing, the following messages shall take precedence, to the extent required by Applicable Law and in a manner that is consistently applied across Bank’s other similarly affected credit card portfolios, over any Kohl’s messages: (i) any message required by Applicable Law as determined by Bank; and (ii) collection and/or customer service messages. Bank shall give Kohl’s reasonable advance notice of any Billing Statement messages and Billing Statement envelope messages required by Applicable Law to allow Kohl’s to review such changes and to coordinate the timing and content of Billing Statement messages. Bank shall consider in good faith the suggestions and concerns of Kohl’s regarding any such messages required by Applicable Law. Notwithstanding the first sentence of this Section 5.3(b) and Bank’s obligation to communicate with customers as required by Applicable Law, subject to Kohl’s prior written approval, Bank may communicate with Cardholders through Billing Statement messages. Bank shall be responsible for the content of any message required by Applicable Law and any Bank message which has been approved by Kohl’s, and Kohl’s shall be responsible for the content of any other Billing Statement message.
Billing Statement Messages. Subject to Applicable Law (including Company’s obligations to ensure delivery of messages to Cardholders required to comply with Applicable 45 Law to be set forth in Billing Statement messages, which shall take precedence over all other Billing Statement messages), Company shall have the exclusive right to use Billing Statement messages, and Billing Statement envelope messages in any or all Billing Statements (including print and electronic Billing Statements) in each Billing Cycle to communicate with Cardholders, including via Billing Statement messages selectively targeted for particular classes of Cardholders. Company shall be responsible for preparing the content of all Billing Statement messages, including those required to comply with Applicable Law, subject to any prior review and approval by Bank of the content of messages that are Program Materials pursuant to Section 4.4. Bank shall provide Company reasonable advance notice of all messages that are required to comply with Applicable Law to allow Company to coordinate the implementation, timing and content of all statement messages. Bank shall not have the right to communicate with Cardholders through the use of Billing Statement messages or Billing Statement envelope messages, other than as necessary to comply with any servicing obligations that Bank assumes pursuant to Section 4.13 or as otherwise mutually agreed by the parties in writing.
Billing Statement Messages. FDS and its Affiliates shall have the exclusive right to use Billing Statement (including electronic Billing Statement) messages and Billing Statement envelope (or electronic mail) messages in each Billing Cycle to communicate with Cardholders, subject to production requirements contained in the Operating Procedures and Applicable Law. Such messages shall be included at no cost to the FDS Companies. Notwithstanding the foregoing, subject to Section 11.4(g), any message required by Applicable Law shall take precedence over FDS’s and its Affiliates’ messages.
Billing Statement Messages. Pier 1 and its Affiliates shall have the exclusive right to use Billing Statement (including electronic Billing Statement) messages and Billing Statement envelope (or electronic mail) messages in each Billing Cycle to communicate with Cardholders, subject to production requirements contained in the Operating Procedures and Applicable Law. Such messages shall be included at no cost to Pier 1. Notwithstanding the foregoing, any message required by Applicable Law or collections shall take precedence over Pier 1’s and its Affiliates’ messages. Subject to Pier 1’s review, Bank may communicate with Cardholders about the Program in the Billing Statements as necessary for Bank to comply with its obligations under this Agreement.
Billing Statement Messages. Macy’s and its Affiliates shall have the exclusive right to use Billing Statement (including electronic Billing Statement) messages and Billing Statement envelope (or electronic mail) messages in each Billing Cycle to communicate with Cardholders, subject to production requirements contained in the Operating Procedures and Applicable Law. Such messages shall be included at no cost to the Macy’s Companies. Notwithstanding the foregoing, any message required by Applicable Law shall take precedence over Macy’s’ and its Affiliates’ messages.
Billing Statement Messages. Except for the Bank’s servicing messages and as otherwise required by Applicable Law, the Company and its Affiliates shall have the exclusive right to use Billing Statement (including electronic Billing Statement) messages and Billing Statement envelope and return envelope (or electronic mail) messages in each Billing Cycle to communicate with Cardholders, subject to production requirements contained in the Operating Procedures, the Bank’s System limitations, the Specifications Book, and Applicable Law; (****). Notwithstanding the foregoing, any Billing Statement messages required by Applicable Law and any servicing messages to be included as Billing Statement messages shall take precedence over the Company’s and its Affiliates’ messages. The Bank shall provide the Company with as much advance notice as reasonably practicable regarding the Bank’s intent to use the Billing Statement for any of such messages by the Bank. The Company shall be entitled to deliver Billing Statement materials to the Bank no later than five (5) Business Days prior to the Bank’s mailing date for inclusion in a mailing. The Bank shall, at no cost to the Company, provide the ability to deliver customized Billing Statement messages (in paper and electronic Billing Statements) to Cardholders, including differentiated messages to Cardholders in the Billing Statements delivered in any single Billing Cycle on the basis of criteria such as shopping behavior, customer profiles or geographic location.
