CARDHOLDER LIST. Merchant agrees that Household is the owner of the Cardholder list and that Household and its Affiliates may use such list to solicit Cardholders for credit card products offered by Household and/or any of its Affiliates or other types of accounts or financial products or insurance services offered by Household and/or any of its Affiliates. Household agrees that Merchant may solicit, at its expense the Cardholder list for products or services offered by Merchant; provided that such products or services, as determined by Household do not compete with the Program, Household or its Affiliates and such solicitation does not reference the Program. The Cardholder list shall be subject to the confidentiality provisions of this Agreement.
CARDHOLDER LIST. During the SV Partner Payment Period, neither SV Partner nor Xxxxxxx will, except directly in connection with the performance of its obligations under this Agreement, transfer, sell or disclose to any other person or entity any list (whether in written or other form) containing the names, addresses and/or telephone numbers of Cardholders that exists by reason of those persons being Cardholders (each, a "CARDHOLDER LIST"). Notwithstanding the above, SV Partner, at its sole cost and expense, may use Cardholder Lists and include in statements and correspondence sent to Cardholders materials designed to solicit Cardholders for the purchase of Non-Competitive Products and Services, and shall be entitled to receive any revenue associated with any such solicitation that does not otherwise flow through the Card Accounts; PROVIDED, HOWEVER, that SV Partner shall obtain Xxxxxxx'x written consent prior to any such use, which consent Xxxxxxx shall not unreasonably withhold, condition or delay. Without the prior written approval of SV Partner, Xxxxxxx will not use any Cardholder List, in whole or in part, to solicit Cardholders for any other product or for any other purpose, except as otherwise permitted under this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall require Xxxxxxx to purge Cardholder Information from a general solicitation that is not targeted, in whole or in part, at individuals because they are Cardholders or based on information derived by Xxxxxxx from a Cardholder List.
CARDHOLDER LIST. Bank covenants and agrees that, following the closing of any purchase and sale of the outstanding Accounts and Card receivables pursuant to Section 5.4(d) or (e) above, the use by Bank or its Affiliates of the Cardholder Lists for any purpose including, without limitation, any solicitation of Cardholders of such Accounts by Bank or its Affiliates or any third party or the disclosure or sale of such Cardholder Lists to third parties, is prohibited and is subject to the confidentiality provisions of Section 5.8 of this Agreement; provided, however, that Bank shall be entitled to use the Cardholder Lists in connection with products and services offered by Bank or one of its Affiliates to the extent such Cardholder is an existing customer for products and/or services of Bank other than those offered in connection with the Card Program or use such information for any purpose, including to issue to Cardholders a general purpose bank credit card or other private label credit card, to the extent Bank obtains such information from any source other than in connection with the Card Program. In the event that neither party exercises its right to effect a purchase and sale of the outstanding Accounts and Card receivables pursuant to Section 5.4(d) or (e) above, all right, title and interest in the Cards, Accounts, Cardholder Agreements and Cardholder Lists shall remain with Bank. Zale shall have no right, title or interest in or to the Cards, Accounts, Cardholder Agreements and Cardholder Lists. Bank’s exclusive ownership and rights to the Cardholder Lists shall include the right to use the Cardholder Lists for any purpose, including the right to use the Cardholder Lists to issue to Cardholders a general purpose bank credit card or other private label credit card in substitution of their existing Card at any time prior to or following termination of this Agreement, or to offer Cardholders an additional or alternate general purpose bank credit card or other private label credit card.
CARDHOLDER LIST. Bank covenants and agrees that, following the closing of any purchase and sale of the outstanding Accounts and Card receivables pursuant to Section 5.4(d) or (e) above, the use by Bank or its Affiliates of the names and addresses of Cardholders who have opened Accounts at Stores and any other Cardholder information for any purpose including, without limitation, any solicitation of such Cardholders by Bank or its Affiliates or any third party or the disclosure or sale of such Cardholder information to third parties, is prohibited and is subject to the confidentiality provisions of Section 5.8 of this Agreement; provided, however, that Bank shall be entitled to use such information in connection with products and services offered by Bank or one of its Affiliates to the extent such Cardholder is an existing customer for products and/or services of Bank other than those offered in connection with the Card Program. In the event that neither party exercises its right to effect a purchase and sale of the outstanding Accounts and Card receivables pursuant to Section 5.4(d) or (e) above, (i) Zale shall be prohibited from using a Person’s status as a Cardholder as a criterion in connection with any solicitation directed to such Cardholders that relates primarily to credit cards or credit products offered by Zale and (ii) Bank agrees not to disclose, sell or otherwise provide any of such Cardholder information, under any circumstances, to any party which directly or indirectly operates in the retail jewelry industry or which otherwise competes with Zale or any Affiliate of Zale.
