Common use of Plan Documents Clause in Contracts

Plan Documents. Subject to and in compliance with the requirements of Applicable Law, Bank shall solely author any content, format or other aspect of the Credit Card Agreement, application, Credit Card, card mailer, letters, and other documents and forms and billing statements (collectively, "Forms") to be used under the Plan which (i) relate to the Plan, (ii) relate to the Bank's or the Cardholder's rights or obligations under the Account, or (iii) are required by Applicable Law. Bank and Company shall jointly design all other aspects of the Forms (except for Cardholder letters and other documents and forms used by Bank in maintaining and servicing the Accounts, which Bank shall solely design), subject to and in compliance with the requirements of Applicable Law. Bank will provide Company with copies of the template of any Forms which are to be provided by Bank in a mass mailing or distribution to all Cardholders as a whole or to all Cardholders in a particular state. Bank shall provide at Bank's expense consistent with Bank's standard costs for such documents (any excess costs due to Company's special requests for non-standard documents shall be borne by Company) appropriate quantities of the Credit Card Agreements, Credit Card plastics, card mailer and billing statements. Bank shall notify Company in advance if any form is not consistent with Bank's standard costs and will provide Company with a written estimate of the excess costs to be borne by Company for such form. Company shall pay the costs of all other Plan documentation including, without limitation, applications, promotional material (i.e. collateral), pre-approved solicitations, Instant and Quick Credit contracts and special offers, reissued Credit Card plastics, including but not limited to embossing and encoding, card carriers, envelopes, Credit Card Agreements and postage related to any reissuances requested by Company for any reissuance of Credit Cards to Cardholders (other than replacements made by Bank from time to time at a Cardholder's request on an individual basis). Bank shall have the right to review and approve all materials prepared by Company (or an Affiliate or third party) that refer in any way to the Plan, such approval not to be unreasonably withheld or delayed. In the event any Forms become obsolete as a result of changes requested by Company, Company shall reimburse Bank for the direct costs associated with any unused obsolete Forms. Company shall pay the actual and direct costs associated with any Forms changes or Cardholder notices required as a result of any additions or deletions of Company honored credit cards requested by Company pursuant to Section 3.1. Only one design shall be used for each form.

Plan Documents. (a) Subject to and in compliance with the requirements of Applicable Law, Bank shall solely author any content, format the specific content (i) related to Bank’s or other aspect of the Cardholder’s rights or obligations under the Account and Bank’s privacy policy (subject to the requirements set forth in Section 2.8(b)) or (ii) required by Applicable Law to be included within the Plan documents including but not limited to the Credit Card Agreement, application, pre-approved solicitations, Credit Card, card mailer, customer service letters, and other documents and forms and billing statements (collectively, "“Forms"”) to be used under the Plan which Plan. (ib) relate to the Plan, (ii) relate to the Bank's or the Cardholder's rights or obligations under the Account, or (iii) are required by Applicable Law. Bank and Company VS shall jointly design all other aspects of the Forms (except for Cardholder letters and other documents and forms used by Bank in maintaining and servicing the Accounts, which Bank shall solely design), subject to and in compliance with the requirements of Applicable Law. . (c) Bank will provide Company VS with copies of the template of any Forms Forms, Cardholder letters or other form of communications which are to be provided by Bank in a mass mailing or distribution to all Cardholders as a whole or to all Cardholders in a particular state. Bank shall provide at Bank's ’s expense consistent with Bank's standard appropriate quantities of the quick pad applications, mail-in applications, Credit Card Agreements, all components of upgrade and new account credit card packages including, but not limited to, temporary cards, Credit Card (Chip Card) plastics, chips, card carriers, Credit Card VS and Comenity Bank Private Label Credit Card Program Agreement Confidential and Proprietary fulfillment/processing, postage, card carrier envelopes, and Bank marketing inserts for welcome kits (“Account Documents”), provided that (i) the costs for the marketing elements and creative aspects of such documents Account Documents are within ten percent (10%) of the cost of the design specifications at Execution Date, and (ii) any design costs in excess costs of such ten percent (10%) due to Company's special VS’s requests for non-standard documents beyond the design costs at the Execution Date, shall be borne reviewed by Company) appropriate quantities the Business Review Committee and paid for by VS, unless Bank agrees to pay for the excess costs. See Schedule 2.4(c), Design Specifications, for design specifications and costs at Execution Date. In addition, Bank shall bear all bureau costs, costs of email delivery and servicing of Accounts related to pre-approved solicitations for mutually agreed programs. Bank shall maintain a centralized inventory of all materials associated with the Credit Card Agreementswelcome kit, Credit Card Agreements and plastics and will provide replenishment copies to the centralized locations designated by VS for distribution by VS to the stores. The parties will agree at the Business Now Committee level on appropriate Bank inventory levels for Credit Card Agreements for welcome kits and plastics, card mailer and billing statementsBank will periodically report actual inventory levels to VS as set forth in Schedule 2.12(b). Bank and VS will work to develop a process that will allow Bank access to VS’s inventory system for Plan documents and Forms. Bank shall notify Company VS in advance if any form is not consistent with Bank's standard ’s base costs and will provide Company VS with a written estimate of the excess costs to be borne by Company VS for such form. Company . (d) VS shall pay the costs of all other [****] Plan documentation including, without limitation, applications, promotional material (i.e. collateral), creative and production costs for catalogue pre-approved solicitations and creative for email pre-approved solicitations, Instant and Quick Credit contracts and special offers, reissued Credit Card plasticsplastics (other than Credit Card plastics being reissued in the ordinary course due to pending expiration dates), including but not limited to embossing and encoding, card carriers, envelopes, Credit Card Agreements and postage related to any Plan-wide Credit Card reissuances or other re-issuances not in the ordinary course requested by Company for any VS (by way of example, the “limited edition” reissue completed in 2017 was a reissuance of Credit Cards to Cardholders (other than replacements made by Bank from time to time at a Cardholder's request on an individual basisnot in the ordinary course). Notwithstanding anything to the contrary herein, the parties agree and acknowledge that Bank will pay for the 2019/2020 Chip Card Reissue. Package components, as of the Execution Date, are set forth on Schedule 2.4(d). (e) Bank shall have the right to review and approve all materials prepared by Company VS (or an Affiliate or third party) that refer in any way to the PlanPlan in order to verify that such materials comply with Applicable Law and Bank policy, such approval not to be unreasonably withheld or delayed. VS’s submission of materials for approval shall be in accordance with the applicable operating procedures mutually agreed by the parties. Approval will be deemed given unless Bank (i) provides objection within [****] Business Days following VS’s delivery of materials to Bank for review, and (ii) either addresses any identified issues with respect to the materials, or provides VS with a reasonably detailed plan for addressing such issues, within [****] Business Days following VS’s delivery of such materials to Bank for review. In the event any Forms and other Plan documents used by Bank become obsolete as a result of changes requested by CompanyVS (other than changes effected in connection with the parties’ agreement to enter into this Agreement), Company VS shall reimburse Bank for the direct costs associated with any unused obsolete FormsForms and other Plan documents. Company VS shall pay the actual and direct costs associated with any Forms and other Plan document changes or Cardholder notices required as a result of any additions or deletions of Company VS honored credit cards requested by Company VS pursuant to Section 3.1. Only one design shall be used for each form.

Plan Documents. (a) Subject to and in compliance with the requirements of Applicable Law, Bank shall solely author any content, format the specific content (i) related to Bank’s or other aspect of the Cardholder’s rights or obligations under the Account and Bank’s privacy policy (subject to the requirements set forth in Section 2.8(b)) or (ii) required by Applicable Law to be included within the Plan documents including but not limited to the Credit Card Agreement, application, pre-approved solicitations, Credit Card, card mailer, customer service letters, and other documents and forms and billing statements (collectively, "“Forms"”) to be used under the Plan which Plan. (ib) relate to the Plan, (ii) relate to the Bank's or the Cardholder's rights or obligations under the Account, or (iii) are required by Applicable Law. Bank and Company VS shall jointly design all other aspects of the Forms (except for Cardholder letters and other documents and forms used by Bank in maintaining and servicing the Accounts, which Bank shall solely design), subject to and in compliance with the requirements of Applicable Law. . (c) Bank will provide Company VS with copies of the template of any Forms Forms, Cardholder letters or other form of communications which are to be provided by Bank in a mass mailing or distribution to all Cardholders as a whole or to all Cardholders in a particular state. Bank shall provide at Bank's ’s expense consistent with Bank's standard appropriate quantities of the quick pad applications, mail-in applications, Credit Card Agreements, all components of new account credit card packages including, but not limited to, temporary cards, Credit Card (Chip Card) plastics, chips, card carriers, Credit Card fulfillment/processing, postage, card carrier envelopes, and Bank marketing inserts for welcome kits (“Account Documents”), provided that (i) the costs for the marketing elements and creative aspects of such documents Account Documents are within ten percent (10%) of the cost of the design specifications at Execution Date, and (ii) any design costs in excess costs of such ten percent (10%) due to Company's special VS’s requests for non-standard documents beyond the design costs at the Execution Date, shall be borne reviewed by Company) appropriate quantities the Business Review Committee and paid for by VS, unless Bank agrees to pay for the excess costs. See Schedule 2.4(c), Design Specifications, for design specifications and costs at Execution Date. Bank shall also pay for the cost of Cardholder communications notifying Cardholders of tier upgrades to a Cardholder’s Account. In addition, Bank shall bear all bureau costs, costs of email delivery and servicing of Accounts related to pre-approved solicitations for mutually agreed programs. Bank shall maintain a centralized inventory of all materials associated with the Credit Card Agreementswelcome kit, Credit Card Agreements and plastics and will provide replenishment copies to the centralized locations designated by VS for distribution by VS to the stores. The parties will agree at the Business Now Committee level on appropriate Bank inventory levels for Credit Card Agreements for welcome kits and plastics, card mailer and billing statementsBank will periodically report actual inventory levels to VS as set forth in Schedule 2.12(b). Bank and VS will work to develop a process that will allow Bank access to VS’s inventory system for Plan documents and Forms. Bank shall notify Company VS in advance if any form is not consistent with Bank's standard ’s base costs and will provide Company VS with a written estimate of the excess costs to be borne by Company VS for such form. Company . (d) VS shall pay the costs of all other [****] Plan documentation including, without limitation, applications, promotional material (i.e. collateral), creative and production costs for catalogue pre-approved solicitations and creative for email pre-approved solicitations, Instant and Quick Credit contracts and special offers, and reissued Credit Card plasticsplastics (other than Credit Card plastics being reissued in the ordinary course due to pending expiration dates), including but not limited to embossing and encoding, card carriers, envelopes, Credit Card Agreements and postage related to any Co-Brand Plan and/or Private Label Plan-wide Credit Card reissuances or other re-issuances not in the ordinary course requested by Company for any VS (by way of example, the “limited edition” reissue completed in 2017 was a reissuance of Credit Cards to Cardholders not in the ordinary course). (other than replacements made by Bank from time to time at a Cardholder's request on an individual basis). e) Bank shall have the right to review and approve all materials prepared by Company VS (or an Affiliate or third party) that refer in any way to the PlanPlan in order to verify that such materials comply with Applicable Law and Bank policy, such approval not to be unreasonably withheld or delayed. VS’s submission of materials for approval shall be in accordance with the applicable operating procedures mutually agreed by the parties. Approval will be deemed given unless Bank (i) provides objection within [****] Business Days following VS’s delivery of materials to Bank for review, and (ii) either addresses any identified issues with respect to the materials, or provides VS with a reasonably detailed plan for addressing such issues, within [****] Business Days following VS’s delivery of such materials to Bank for review. In the event any Forms and other Plan documents used by Bank become obsolete as a result of changes requested by CompanyVS (other than changes effected in connection with the parties’ agreement to enter into this Agreement), Company VS shall reimburse Bank for the direct costs associated with any unused obsolete FormsForms and other Plan documents. Company VS shall pay the actual and direct costs associated with any Forms and other Plan document changes or Cardholder notices required as a result of any additions or deletions of Company VS honored credit cards requested by Company VS pursuant to Section 3.1. Only one design shall be used for each form.