Common use of Database Clause in Contracts

Database. (a) It is the intention of the parties that the Bank will manage, maintain and develop an information marketing database (the "DATABASE") at its own expense, subject to a mutually satisfactory agreement with the Company pursuant to which (i) the Company will agree to utilize the Database, (ii) the Database will be accessible from the Company's offices and (iii) the Bank will provide the Company with information maintained as part of the Database on terms that are no less favorable than those offered by the Bank to any other recipient of comparable information. (b) Notwithstanding the foregoing, the Bank will, from time to time at the request of the Company, and without charge, promptly provide the Company with a list of the names and addresses of all Cardholders, all holders of other proprietary credit cards of the Company or any Affiliate of the Company (if issued by the Bank) and all other customers of the Business, any other business of the Company and the business of any other Affiliate of the Company. The Company shall reimburse the Bank for its costs of producing and shipping such list in the format required by the Company within 30 days after receipt of a request for such reimbursement from the Bank. (c) Subject to Section 9.2, the Bank may make the Database available, and provide information marketing services to, third parties on terms reasonably determined by the Bank; PROVIDED that (i) the allocation among the Bank, the Company and The Limited of fees charged by the Bank to such third parties shall be agreed on a program-by-program basis or, in the case of programs existing on the date hereof, continued consistent with past practices and (ii) the Bank may not make the Database available, or provide information marketing services to, any Person who, in the sole judgment of The Limited, competes, directly or indirectly, with any retail or catalogue business conducted by The Limited or any of its Affiliates.

Appears in 5 contracts

Samples: Credit Card Processing Agreement (Alliance Data Systems Corp), Credit Card Processing Agreement (Alliance Data Systems Corp), Credit Card Processing Agreement (Alliance Data Systems Corp)

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Database. (a) It is the intention of the parties that the Bank will manage, maintain and develop an information marketing database (the "DATABASE") at its own expense, subject to a mutually satisfactory agreement with the Company pursuant to which (i) the Company will agree to utilize the Database, (ii) the Database will be accessible from the Company's offices and (iii) the Bank will provide the Company with information maintained as part of the Database on terms that are no less favorable than those offered by the Bank to any other recipient of comparable information. (b) Notwithstanding the foregoing, the Bank will, from time to time at the request of the Company, and without charge, promptly provide the Company with a list of the names and addresses of all Cardholders, all holders of other proprietary credit cards of the Company or any Affiliate of the Company (if issued by the Bank) and all other customers of the Business, any other business of the Company and the business of any other Affiliate of the Company. The Company shall reimburse the Bank for its costs of producing and shipping such list in the format required by the Company within 30 days after receipt of of-a request for such reimbursement from the Bank. (c) Subject to Section 9.2, the Bank may make the Database available, and provide information marketing services to, third parties on terms reasonably determined by the Bank; PROVIDED that (i) the allocation among the Bank, the Company and The Limited of fees charged by the Bank to such third parties shall be agreed on a program-by-program basis or, in the case of programs existing on the date hereof, continued consistent with past practices and (ii) the Bank may not make the Database available, or provide information marketing services to, any Person who, in the sole judgment of The Limited, competes, directly or indirectly, with any retail or catalogue business conducted by The Limited or any of its Affiliates.

Appears in 1 contract

Samples: Credit Card Processing Agreement (Alliance Data Systems Corp)

Database. (a) It is the intention of the parties that the Bank -------- will manage, maintain and develop an information marketing database (the "DATABASEDatabase") at its own expense, subject to a mutually satisfactory agreement with the Company pursuant to which (i) the Company will agree to utilize the Database, (ii) the Database will be accessible from the Company's offices and (iii) the Bank will provide the Company with information maintained as part of the Database on terms that are no less favorable than those offered by the Bank to any other recipient of comparable information. (b) Notwithstanding the foregoing, the Bank will, from time to time at the request of the Company, and without charge, promptly provide the Company with a list of the names and addresses of all Cardholders, all holders of other proprietary credit cards of the Company or any Affiliate of the Company (if issued by the Bank) and all other customers of the Business, any other business of the Company and the business of any other Affiliate of the Company. The Company shall reimburse the Bank for its costs of producing and shipping such list in the format required by the Company within 30 days after receipt of a request for such reimbursement from the Bank. (c) Subject to Section 9.2, the Bank may make the Database available, and provide information marketing services to, third parties on terms reasonably determined by the Bank; PROVIDED provided that (i) the allocation among the Bank, the -------- Company and The Limited of fees charged by the Bank to such third parties shall be agreed on a program-by-program basis or, in the case of programs existing on the date hereof, continued consistent with past practices and (ii) the Bank may not make the Database available, or provide information marketing services to, any Person who, in the sole judgment of The Limited, competes, directly or indirectly, with any retail or catalogue business conducted by The Limited or any of its Affiliates.

Appears in 1 contract

Samples: Credit Card Processing Agreement (Charming Shoppes Inc)

Database. (a) It it is the intention of the parties that the Bank will manage, maintain and develop an information marketing database (the "DATABASE") at its own expense, subject to a mutually satisfactory agreement with the Company pursuant to which (i) the Company will agree to utilize the Database, (ii) the Database will be accessible from the Company's offices and (iii) the Bank will provide the Company with information maintained as part of the Database on terms that are no less favorable than those offered by the Bank to any other recipient of comparable information. (b) Notwithstanding the foregoing, the Bank will, from time to time at the request of the Company, and without charge, promptly provide the Company with a list of the names and addresses of all Cardholders, all holders of other proprietary credit cards of the Company or any Affiliate of the Company (if issued by the Bank) and all other customers of the Business, any other business of the Company and the business of any other Affiliate of the Company. The Company shall reimburse the Bank for its costs of producing and shipping such list in the format required by the Company within 30 days after receipt of a request for such reimbursement from the Bank. (c) Subject to Section 9.2, the Bank may make the Database available, and provide information marketing services to, third parties on terms reasonably determined by the Bank; PROVIDED that (i) the allocation among the Bank, the Company and The Limited of fees charged by the Bank to such third parties shall be agreed on a program-by-program basis or, in the case of programs existing on the date hereof, continued consistent with past practices and (ii) the Bank may not make the Database available, or provide information marketing services to, any Person who, in the sole judgment of The Limited, competes, directly or indirectly, with any retail or catalogue business conducted by The Limited or any of its Affiliates.

Appears in 1 contract

Samples: Credit Card Processing Agreement (Alliance Data Systems Corp)

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Database. (a) It is the intention of the parties that the Bank will manage, maintain and develop an information marketing database (the "DATABASE") at its own expense, subject to a mutually satisfactory agreement with the Company pursuant to which (i) the Company will agree to utilize the Database, (ii) the Database will be accessible from the Company's offices and (iii) the Bank will provide the Company with information maintained as part of the Database on terms that are no less favorable than those offered by the Bank to any other recipient of comparable information. (b) Notwithstanding the foregoing, the Bank will, from time to time at the request of the Company, and without charge, promptly provide the Company with a list of the names and addresses of all Cardholders, all holders of other proprietary credit cards of the Company or any Affiliate of the Company (if issued by the Bank) and all other customers of the Business, any other business of the Company and the business of any other Affiliate of the Company. The Company shall reimburse the Bank for its costs of producing and shipping such list in the format required by the Company within 30 days after receipt of a request for such reimbursement from the Bank. (c) Subject to Section 9.2, the Bank may make the Database available, and provide information marketing services to, third parties on terms reasonably determined by the Bank; PROVIDED that (i) the allocation among the Bank, the Company and The Limited of fees charged by the Bank to such third parties shall be agreed on a program-by-program basis or, in the case of programs existing on the date hereof, continued consistent with past practices and (ii) the Bank may not make the Database available, or provide information marketing services serviced to, any Person who, in the sole judgment of The Limited, competes, directly or indirectly, with any retail or catalogue business conducted by The Limited or any of its Affiliates.

Appears in 1 contract

Samples: Credit Card Processing Agreement (Alliance Data Systems Corp)

Database. (a) It is the intention of the parties that the Bank will manage, maintain and develop an information marketing database (the "DATABASE") at its own expense, subject to a mutually satisfactory agreement with the Company pursuant to which (i) the Company will agree to utilize the Database, (ii) the Database will be accessible from the Company's offices and (iii) the Bank will provide the Company with information maintained as part of the Database on in terms that are no less favorable than those offered by the Bank to any other recipient of comparable information. (b) Notwithstanding the foregoing, the Bank will, from time to time at the request of the Company, and without charge, promptly provide the Company with a list of the names and addresses of all Cardholders, all holders of other proprietary credit cards of the Company or any Affiliate of the Company (if issued by the Bank) and all other customers of the Business, any other business of the Company and the business of any other Affiliate of the Company. The Company shall reimburse the Bank for its costs of producing and shipping such list in the format required by the Company within 30 days after receipt of a request for such reimbursement from the Bank. (c) Subject to Section 9.2, the Bank may make the Database available, and provide information marketing services to, third parties on terms reasonably determined by the Bank; PROVIDED that (i) the allocation among the Bank, the Company and The Limited of fees 'charged by the Bank to such third parties shall be agreed on a program-by-program basis or, in the case of programs existing on the date hereof, continued consistent with past practices and (ii) the Bank may not make the Database available, or provide information marketing services to, any Person who, in the sole judgment of The Limited, competes, directly or indirectly, with any retail or catalogue business conducted by The Limited or any of its Affiliates.

Appears in 1 contract

Samples: Credit Card Processing Agreement (Alliance Data Systems Corp)

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