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<br /> ONE CARD ASSOCIATION PROGRAM TERMS AND CONDITIONS
<br /> 9.1 NSF Fee. U.S. Bards may charge a non - sufficient funds fee • such written notice of termination. All Cards and related Accounts
<br /> . • ("NSF") of fifteen U.S. Dollars ($$15.00) for any retumed • • : shall be deemed canceled effective upon termination of this
<br /> . payment on an Account Agreement Notwithstanding the foregoing, U.S. Bank will have the
<br /> • . 9.2 Delinquency Fees. If an Account is not paid in full by the due right to terminate this Agreement immediately by written notice of
<br /> • date indicated on the Statement, U.S. Bank may charge a . such termination to Customer upon any one (1) or more of the
<br /> • delinquency fee ("Delinquency Fee") of (a) one percent (1 %) fdkowing events (1) dilution or liquidation of Customer and/or
<br /> • of Past DueAmorn t if not paid by second Baling Cycle (b) two Pettit:tpant; (11) Insolvency of Customer and/or Participant or the
<br /> • • and one half percent (2.5%) proceeding, %) of Past Due Amount 11 not paid by Bing of a bankruptcy or Insolvency proeding, the appointment
<br /> .. third Billing Cycle, and (c) two and one hali percent (25 %) of of a receiver or trustee for benefit of creditors, or if Customer
<br /> Past Due Amount if not paid for each subsequent Billing Cycle. and/or Participant enters into an arrerngement with its aeditars: (Oro
<br /> . • . 9.3 Foreign Transaction Fees. U.S. Bank cunentiy charges a two . Come andlor Participant; ardor (iv) financial
<br /> faaum b perform a
<br /> and one half percent (2.5%) foreign transaction fee ("Foreign material obligation
<br /> • Tre<rsaofton Fee") for any transaction that takes ce •ouladde • - Agreement fr any mason Customer and/or Partdpant will ensure
<br /> • • • .. the United States that is not in U.S. Dollars. U.S. Bank reserves the destruction of all Cards and return all confidential or proprietary
<br /> • the right to raise the fee with sixty (60) days prior written notice information of U.S. Bank to U.S Bank. Customer Wit remain Gable
<br /> . • to Customer. for al Debt incurred or arising by virtue of the use of a Card or
<br /> 9A Cash Advance Fee. U.S. Bank may charge a cash advance Account prior to the termination date. Upon cancellation of an
<br /> • fee (°Cash Advance Fee's in the amount of three percent (3%) Account or termination oft is Agreement, Customer, Participant
<br /> • of each cash advance transaction ("Cash Advance". The and/or Cardholder anti cereal the•bla'ng of all reoccurring
<br /> • • minimum Cash Advance Fee is tws U.S. Dollars ($2), transactions to an Account Mulling ins ").
<br /> • 9.5 Logo Embossing. U.S. Bank may charge a one-Ume fee d Notwithstanding any term to the contrary, Customer is solely liable
<br /> three hundred U.S. Dollars ($300.00) to set Customs and/or • • to U.S. Bank for all TraiMg Transactions. U.S. Bank may suspend
<br /> 'Participant's logo on the One Card. AA two -week delay may any Card ancforAccount at any time for any reason. Rights,
<br /> occur with Card issuance and implementation. By sending your obtgatio n or liability that arise prior to the suspension or
<br /> . logo to U.S. Bank, Customer represents and warrants that ., • • termination of this Agreement, shall survive the susparsbn or
<br /> • • • Customer has the right to. use such logo. Customer will •' • termination of this Agreement
<br /> • be responsible for verification of logo design, will hold 13. UMITATION OF LIABILiir.. IN NO EVEN!" SHALL CUSTOMER,
<br /> • U.S. Bank harmless from any usage of such logo on any Card PARTICIPANT(S), U.S. BANK, OR ANY AFFLIATE OF
<br /> . • and agrees to indemnify U.S. Bank against any date of . 'U.S. BANK BE LIABLE TO THE OTHER PARTY FOR ANY
<br /> .. infringement or lmpermsslble use. ' CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
<br /> . ., 9.6 ;travel Accident Insurance. Common Carrier Travel Acddent • DAMAGES OF ANY NATURE.
<br /> • Insurance with a benefit amount of hie hundred fifty thousand 14. WARRANTIES. Each party represents and warrants to the other
<br /> . • . U.S. Dollars ($250,000.00) Is provided at no charge In that this Agreement is valid, binding and enforceable and the
<br /> .. • connection with the One Card Program: Customer and/or execution of this Agreement and the performance of its obligations
<br /> . Partidpant shall notify U.S. Bank of the use of Central Accounts,. are within such party's powers has been authorized by ail
<br /> . for booking of travel to ensure appropriate insurance coverage . • ' necessary action and does not constitute a breach of any other
<br /> is in place: agreement or duty arising in law or equity. Customer represents
<br /> • 10. REBATES. Please refer to the Assodaton Rebate Addendum for .. • and warrants to U.S. Bank that all information provided to
<br /> • . specific intbrmation on rebates. U.S. Bank is true, complete and accurate, it has and continues to
<br /> • . 11. CONFIDENTiAUTY. The One Card Program is a unique sendce canply vdth all applicable laws, rules, regulations and
<br /> involving proprietary Information of U S. Bank Customer and/or . requirements of governmental authorities related to the use of the
<br /> .. • Participant agree that the One Card Program reports, mantels, Card and/or part�patbn in the One Card Program, and h • . . . documentation, systems, processes and related materlads (whether � the finendal capacity to Pe dorm all of its obllgatiens
<br /> or not In writing) are confidential and will be dretialad only to • under this Agreement at the Effective Date and upon each
<br /> • .. •. employees and agents of Customer and/or Participrard, and ony to . trensactiarh or use of a Card or Account during the term d this
<br /> • • the extent necessary for Customer and/or Participant to partidpate . Agreement Any, breach of this Section 14 shall constitute a
<br /> • the One Card Program. U.S. Bank agrees that It will maintain all material breach y r ate terminate a this pert.
<br /> ' . fl ' non- public data relative to Customer and/or Participant and all •
<br /> • Account(s) as confidential information. U.S. Bank agrees to use • EXCEPT AS EXPRESSLY PROVIDED HEREIN, U.S. BANK
<br /> • . ' . the data regarding Customer and/or Participant only to provide . • MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN LAW
<br /> • • sarvicess to Customer and/or Partidpant and wit] not release the OR IN FACT. INCLUDING, WITHOUT LIMITATION. THE
<br /> ' • fribri eiion to: any other . pAi; provided, however, that U.S. Bank • ' IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
<br /> . • must disclose Account, Ce.dholder, Participant, Customerand/or . • PURPOSE AND OF MERCHANTABILITY, EITHER TO
<br /> . transaction information to the applicable Association governing this CUSTOMER OR TO ANY OTHER PERSON IN CONNECTION
<br /> • One Card Program, tNrd-party service providers, merchants, • WITH THIS AGREEMENT
<br /> • • • •merchant processors, and tegal, law enforcement or regulatory • 15. FiNANCIAL INFORMATION. Since this Agreement mar an .
<br /> • • . • authorities. U.S. Bank may collect, maintain and, at its option. extension of oedlt with a tlnandal institution and not a vendor
<br /> • • 'disseminate information and data concerning charge activity of • • ' services agreement, Customer shag provide information as
<br /> . Customer and/or Partidpant provided that such data does not requested by U.S. Bank to perform periodlic credit rreviews. Unless
<br /> • .. Y rtaln any direct ca* indirect Identification of Customarindlor such information is publicly available or available through
<br /> • • • Par idpant The parties agree to take ail reasonable steps to • • • U.S. Bancorp or any of fls subsidiaries, Customer shall provldle
<br /> .. safeguard proprietary information and not to release-such • audited financial statements, prepared by Customer's independent
<br /> • • information to any person or party not essentialto parlidpation In • • Qualified public accountant, as scenes available and in any event
<br /> • the* One card Program. • ' not later than one hundred twenty (120) days alter the end of each
<br /> • 12. TERM, TERt4VNA11ON AND SUSPENSION. This Agreement. will • fiscal year of Customer. If the initial set of t anal statements are
<br /> • • • .. 'remain in Wed for the initial temt of five (5) years from the older than six (6) months when pruovided, also provide Interim
<br /> • Effective Date and will continue thereafter until terminated in • • • • financial statements. In the event U.S. Bands exedras additional
<br /> '. . ' • - acoordanoa with this Section 12. Either party may terminate this information 10 conduct its review of Customs, Customer agiaes to
<br /> • ' • • Agreement at any time upon ninety (90) days prior written notice to ' provide to U.S. Bank such other lnlormation regarding the business,
<br /> • . • • . the other party. The effective date of termination shall be stated in • . operations, affairs, and tlnandal condition of Customer as
<br /> . U.S. Bank reasonably request Such information may include,
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