Printing of Cards and Cardholder Agreements. (a) The terms and conditions contained in the Cardholder Agreements, including any applicable fees charged with respect to all Cards issued hereunder, shall be determined by Bank, in consultation with Program Manager, and may be amended by Bank from time to time, in consultation with Program Manager, upon such notice to each Cardholder as required by Applicable Law. Program Manager shall develop and submit to the Bank for final review and approval one or more proposed Card designs and proposed terms of the Cardholder Agreement for each Program. From time to time, Program Manager may submit additional or alternative Card designs and Cardholder Agreements for each Program. (b) Bank shall be the contracting party under all Cardholder Agreements, and shall enter into a Cardholder Agreement with each Cardholder. During the Term, the relationship with each Cardholder shall be owned by Bank. All Cards, Cardholder Agreements or other Program materials, including, without limitation, all marketing materials, shall (i) identify the Bank as the issuing bank of the Cards, (ii) include any such names, Marks, and disclosures as may be required to conform to Graphic Standards and *** Confidential Treatment Requested Applicable Law, and (iii) be subject to prior approval by Bank and System prior to use. Bank shall review and approve or reject, with such approval not to be unreasonably withheld or delayed, those Cardholder Agreements and Program materials proposed by Program Manager, and obtain System approval where such approval is required under the System Rules to implement the use of such proposed Cardholder Agreements or Program materials, within a reasonable amount of time following receipt of the same from Program Manager. (c) Program Manager shall arrange and pay for production and delivery of the Cards, Card packaging, informational disclosures, marketing materials and Cardholder Agreements; provided, however, that Bank shall be responsible for any costs associated with any changes to the Cards, Card packaging, informational disclosures, marketing materials and Cardholder Agreements required by Bank, which are not required by Applicable Law or any change in a Regulatory Authority’s interpretation of Applicable Law. In the event of any modification to the Cards, Card packaging, informational disclosures, marketing materials or Cardholder Agreements, Bank and Program Manager will agree to an implementation process that enables Program Manager to utilize any existing inventories of such materials to the extent practicable and allowable under Applicable Law and System Rules.
Appears in 2 contracts
Samples: Card Program Management Agreement (NetSpend Holdings, Inc.), Card Program Management Agreement (NetSpend Holdings, Inc.)
Printing of Cards and Cardholder Agreements. (a) The terms and conditions contained in the Cardholder Agreements, including any applicable fees charged with respect to all Cards issued hereunder, shall be determined by Bank, in consultation with Program Manager, and may be amended by Bank from time to time, in consultation with Program Manager, upon such notice to each Cardholder as required by Applicable Law. Program Manager shall develop and submit to the Bank for final review and approval one or more proposed Card designs and proposed terms of the Cardholder Agreement for each Program. From time to time, Program Manager may submit additional or alternative Card designs and Cardholder Agreements for each Program.
(b) Bank shall be the contracting party under all Cardholder Agreements, and shall enter into a Cardholder Agreement with each Cardholder. During the Term, the relationship with each Cardholder shall be owned by Bank. All Cards, Cardholder Agreements or other Program materials, including, without limitation, all marketing materials, shall (i) identify the Bank as the issuing bank of the Cards, (ii) include any such names, Marks, and disclosures as may be required to conform to Graphic Standards and *** Confidential Treatment Requested Applicable Law, and (iii) be subject to prior approval by Bank and System prior to use. Bank shall review and approve or reject, with such approval not to be unreasonably withheld or delayed, those Cardholder Agreements and Program materials proposed by Program Manager, and obtain System approval where such approval is required under the System Rules to implement the use of such proposed Cardholder Agreements or Program materials, within a reasonable amount of time following receipt of the same from Program Manager.. *** Confidential Treatment Requested
(c) Program Manager shall arrange and pay for production and delivery of the Cards, Card packaging, informational disclosures, marketing materials and Cardholder Agreements; provided, however, that Bank shall be responsible for any costs associated with any changes to the Cards, Card packaging, informational disclosures, marketing materials and Cardholder Agreements required by Bank, which are not required by Applicable Law or any change in a Regulatory Authority’s interpretation of Applicable Law. In the event of any modification to the Cards, Card packaging, informational disclosures, marketing materials or Cardholder Agreements, Bank and Program Manager will agree to an implementation process that enables Program Manager to utilize any existing inventories of such materials to the extent practicable and allowable under Applicable Law and System Rules.
Appears in 2 contracts
Samples: Card Program Management Agreement (NetSpend Holdings, Inc.), Card Program Management Agreement (NetSpend Holdings, Inc.)