Common use of Agent Services Clause in Contracts

Agent Services. To the extent and where permitted by applicable law and during the term of this Agreement, ACE shall provide the following Agent Services at the Participating Stores (as hereinafter defined) during their normal business hours: (a) make available to its customers applications for NetSpend Cards, accept applications for NetSpend Cards for delivery to NetSpend, accept corresponding application fees from customers, and issue Temporary Cards (as hereinafter defined); (b) receive for delivery to the Issuing Bank voluntary payments from customers, in the form of cash only, to add or “load” funds to the accounts associated with their NetSpend Cards via point-of-sale swipe transactions (“Card Payments”); (c) permit customers to withdraw funds from the accounts associated with such customer’s NetSpend Cards via point-of-sale swipe transactions (“Cash Withdrawals”); (d) make available to, and accept applications from, customers to enroll or participate in programs or features with respect to the NetSpend Cards as NetSpend and ACE shall mutually agree upon from time to time, which shall include, without limitation, (i) enrollment in the direct deposit program offered by NetSpend with respect to the NetSpend Cards and (ii) the marketing and sale of NetSpend Cards that shall be marketed by ACE as “gift” and “payroll” cards; and (e) maintain a link on the ACE website (the “ACE Website Link”), and otherwise engage in such marketing as ACE shall determine, to direct ACE customers to a website operated and maintained by NetSpend (the “ACE/NetSpend Acquisition Website”) where such customers shall be able to apply for and, if approved, obtain a NetSpend Card from NetSpend. The content, style and placement of the ACE Website Link shall be determined by ACE in its sole discretion. NetSpend shall develop the ACE/NetSpend Acquisition Website with the cooperation of ACE and subject to the approval of ACE, which shall not be unreasonably withheld. The ACE/NetSpend Acquisition Website shall have the “look and feel” of an ACE website, though the NetSpend name, logos, trademarks, tradenames and other intellectual property may also appear.