Common use of Retailer Matters Clause in Contracts

Retailer Matters. In accordance with and subject to this Section 1 of this Schedule 5.3(d), Retailer shall have the ultimate decision making authority with respect to any unapproved matters in respect of the following matters (the “Retailer Matters”): (a) content and implementation of the Marketing Plan in Retailer Sales Channels and the Retailer Website; (b) the look, feel and marketing message, and changes thereto, of the Credit Cards, Credit Card Applications, Cardholder Agreements, billing statements, solicitation materials including media, and the Bank Webpage devoted to the Program or any other website space devoted to the Program, other than content or changes that are required or prohibited by Applicable Law or Reasonable Financial Services Practices; (c) all usage of Retailer Marks or other Retailer intellectual property; (d) any maintenance of, and improvements to, any systems of Retailer used in connection with the Program, including any capital expenditures of Retailer and its affiliates for maintenance of, and improvements to, systems in connection with the Program; (e) any other capital expenditures of Retailer or its affiliates; (f) the approval, in the sole discretion of Retailer, of any new credit card products which have not been agreed upon prior to the Effective Date as set forth in Schedule 6.6 to the Agreement, or any products subject to the annual review of the Operating Committee pursuant to Section 1, paragraph (b) of Schedule 6.6 to the Agreement, including new credit card products, Enhancement Products, or other products and services proposed to be offered by Bank to Cardholders and, in each case, the approval of any compensation payable to Retailer in respect thereof; provided, that the products or services, the economic terms and compensation arrangements related to such new products or services shall be acceptable to both parties; (g) [***];

Retailer Matters. In accordance with and subject to this Section 1 of this Schedule 5.3(d), Retailer shall have the ultimate decision making authority with respect to any unapproved matters in respect of the following matters (the “Retailer Matters”): (a) content and implementation of the Marketing Plan in Retailer Sales Channels and the Retailer Website; (b) the look, feel and marketing message, and changes thereto, of the Credit Cards, Credit Card Applications, Cardholder Agreements, billing statements, solicitation materials including media, and the Bank Webpage devoted to the Program or any other website space devoted to the Program, other than content or changes that are required or prohibited by Applicable Law or Reasonable Financial Services Practices; (c) all usage of Retailer Marks or other Retailer intellectual property; (d) any maintenance of, and improvements to, any systems of Retailer used in connection with the Program, including any capital expenditures of Retailer and its affiliates for maintenance of, and improvements to, systems in connection with the Program; (e) any other capital expenditures of Retailer or its affiliates; (f) the approval, in the sole discretion of Retailer, of any new credit card products which have not been agreed upon prior to the Effective Date as set forth in Schedule 6.6 to the Agreement, or any products subject to the annual review of the Operating Committee pursuant to Section 1, paragraph (b) of Schedule 6.6 to the Agreement, including new credit card products, Enhancement Products, or other products and services proposed to be offered by Bank to Cardholders and, in each case, the approval of any compensation payable to Retailer in respect thereof; provided, that the products or services, the economic terms and compensation arrangements related to such new products or services shall be acceptable to both parties; (g) [***]; (h) the description of any Retailer products or services; (i) the approval of any products or services being marketed to Cardholders; (j) management and retention of Retailer personnel; and (k) [***].

Retailer Matters. In accordance with and subject to this Section 1 of this Schedule 5.3(d), Retailer shall have the ultimate decision making authority with respect to any unapproved matters in respect of the following matters (the “Retailer Matters”): (a) content and implementation of the Marketing Plan in Retailer Sales Channels and the Retailer Website; (b) the look, feel and marketing message, and changes thereto, of the Credit Cards, Credit Card Applications, Cardholder Agreements, billing statements, solicitation materials including media, and the Bank Webpage devoted to the Program or any other website space devoted to the Program, other than content or changes that are required or prohibited by Applicable Law or Reasonable Financial Services Practices; (c) all usage of Retailer Marks or other Retailer intellectual property; (d) any maintenance of, and improvements to, any systems of Retailer used in connection with the Program, including any capital expenditures of Retailer and its affiliates for maintenance of, and improvements to, systems in connection with the Program; (e) any other capital expenditures of Retailer or its affiliates; (f) the approval, in the sole discretion of Retailer, of any new credit card products which have not been agreed upon prior to the Effective Date Program Launch as set forth in Schedule 6.6 to the Agreement, or any products subject to the annual review of the Operating Committee pursuant to Section 1, paragraph (b) of Schedule 6.6 to the Agreement, including new credit card products, Enhancement Products, or other products and services proposed to be offered by Bank to Cardholders and, in each case, the approval of any compensation payable to Retailer in respect thereof; provided, that the products or services, the economic terms and compensation arrangements related to such new products or services shall be acceptable to both parties; (g) the [***]; (h) the description of any Retailer products or services; and (i) the approval of any products or services being marketed to Cardholders.

Retailer Matters. In accordance with and subject to this Section 1 of this Schedule 5.3(d), Retailer shall have the ultimate decision making authority with respect to any unapproved matters in respect of the following matters (the “Retailer Matters”): (a) content and implementation of the Marketing Plan in Retailer Sales Channels and the Retailer Website; (b) the look, feel and marketing message, and changes thereto, of the Credit Cards, Credit Card Applications, Cardholder Agreements, billing statements, solicitation materials including media, and the Bank Webpage devoted to the Program or any other website space devoted to the Program, other than content or changes that are required or prohibited by Applicable Law or Reasonable Financial Services Practices; (c) all usage of Retailer Marks or other Retailer intellectual property; (d) any maintenance of, and improvements to, any systems of Retailer used in connection with the Program, including any capital expenditures of Retailer and its affiliates for maintenance of, and improvements to, systems in connection with the Program; (e) any other capital expenditures of Retailer or its affiliates; (f) the approval, in the sole discretion of Retailer, of any new credit card products which have not been agreed upon prior to the Effective Date Program Launch as set forth in Schedule 6.6 to the Agreement, or any products subject to the annual review of the Operating Committee pursuant to Section 1, paragraph (b) of Schedule 6.6 to the Agreement, including new credit card products, Enhancement Products, or other products and services proposed to be offered by Bank to Cardholders and, in each case, the approval of any compensation payable to Retailer in respect thereof; provided, that the products or services, the economic terms and compensation arrangements related to such new products or services shall be acceptable to both parties; (g) the [***];