Inserts and Billing Messages Clause Samples

Inserts and Billing Messages. (a) For each billing statement sent to Cardholders during a billing cycle during the Term, Bank will make available to Retailer a space for two (2) customized statement messages on the billing statement and Bank will include up to two (2) Retailer inserts or other advertisements and communications, including onserts printed on the billing statement (collectively, “Inserts”) into or with each billing statement to the extent possible without causing an increase in postage costs; provided that Bank shall have the right with respect to the billing statements for any month to utilize one (1) Insert or statement message in order to (i) send a notice required by Applicable Law in such month (or if Bank reasonably believes a notice is necessary or desirable to protect Bank’s interest in the Accounts), or (ii) promote Enhancement Products or other cross-sell products and services permitted to be offered under Schedule 6.6. Retailer statement messages and Inserts shall take precedence over all Bank communications with the exception of Bank notices required by Applicable Law or notices that Bank believes to be necessary or desirable to protect Bank’s interest in the Accounts. For any statement messages or Inserts to be included on or in the billing statements for any given month, Retailer must provide such statement messages or Inserts to Bank at least thirty (30) days prior to such calendar month. Bank shall promptly notify Retailer if the inclusion of such statement messages or Inserts will cause an increase in postage costs on such billing statements. If Retailer nonetheless wishes Bank to include Retailer’s statement messages or Inserts on or in such monthly billing statements, then Retailer will provide at least fifteen (15) days prior notice to Bank to enable Bank to adjust its process and Retailer will pay the incremental postage charges resulting therefrom, reduced by the weight of any non-legally required notices. Retailer will provide copies of all statement messages and Inserts to Bank at its own cost. Retailer shall retain all revenues it receives from all statement messages and Inserts (other than any statement messages or Inserts promoting the Credit Cards or approved ancillary products that Retailer may permit to be produced and distributed in accordance with the Marketing Plan). Subject to Applicable Law, Reasonable Financial Services Practices and Bank’s right to protect Bank’s interest in the Accounts, each party shall have the right to reject any s...