Common use of Billing Statement Messages Clause in Contracts

Billing Statement Messages. Except for the Bank’s servicing messages and as otherwise required by Applicable Law, the Company and its Affiliates shall have the exclusive right to use Billing Statement (including electronic Billing Statement) messages and Billing Statement envelope and return envelope (or electronic mail) messages in each Billing Cycle to communicate with Cardholders, subject to production requirements contained in the Operating Procedures, the Bank’s System limitations, the Specifications Book, and Applicable Law; provided that, the Company may not use Billing Statement messages to promote or advertise the financial products of any entity other than the Bank or its Affiliates. Such messages shall be included at no cost to the Company. Notwithstanding the foregoing, any Billing Statement messages required by Applicable Law and any servicing messages to be included as Billing Statement messages shall take precedence over the Company’s and its Affiliates’ messages. The Bank shall provide the Company with as much advance notice as reasonably practicable regarding the Bank’s intent to use the Billing Statement for any of such messages by the Bank. The Company shall be entitled to deliver Billing Statement materials to the Bank no later than five (5) Business Days prior to the Bank’s mailing date for inclusion in a mailing. The Bank shall, at no cost to the Company, provide the ability to deliver customized Billing Statement messages (in paper and electronic Billing Statements) to Cardholders, including differentiated messages to Cardholders in the Billing Statements delivered in any single Billing Cycle on the basis of criteria such as shopping behavior, customer profiles or geographic location.

Billing Statement Messages. Except for the Bank’s servicing messages and as otherwise required by Applicable Law, the Company Belk and its Affiliates shall have the exclusive right to use Billing Statement (including electronic Billing Statement) messages and and, to the extent that Bank has the operational capabilities to do so, Billing Statement envelope and return envelope (or electronic mail) messages in each Billing Cycle to communicate with Cardholders, subject to production requirements contained in the Operating Procedures, the Bank’s System limitations, the Specifications Book, Procedures and Applicable Law; provided that, the Company may not use Billing Statement messages to promote or advertise the financial products of any entity other than the Bank or its Affiliates. Such messages shall be included at no cost to the CompanyBelk. Notwithstanding the foregoing, any Billing Statement messages customer service message, collection message or message required by Applicable Law and any servicing messages to be included as Billing Statement messages shall take precedence over the Company’s Belk's and its Affiliates’ ' messages. The Bank Subject to Belk's prior written ▇▇▇▇▇▇al, which shall provide not be unreasonably withhe▇▇, ▇▇nk may communicate with Cardholders about the Company with as much advance notice as reasonably practicable regarding the Bank’s intent to use the Billing Statement for any of such messages by the Bank. The Company shall be entitled to deliver Billing Statement materials to the Bank no later than five (5) Business Days prior to the Bank’s mailing date for inclusion in a mailing. The Bank shall, at no cost to the Company, provide the ability to deliver customized Billing Statement messages (in paper and electronic Billing Statements) to Cardholders, including differentiated messages to Cardholders Program in the Billing Statements delivered as necessary for Bank to comply with its obligations under this Agreement. Bank shall provide Belk reasonable advance notice of all pending messages that are required to comply with Applicable Law so as to allow Bank and Belk to coordinate the timing and content of all statement messages. Belk shall not use any Billing Statement message to promote or market a financial services product without Bank's prior written approval (unless Belk proposes that Bank offer and include any such product in the Program and Bank refuses to agree to such proposal under terms that are mutually agreed upon by the Parties or under terms proposed by a third party which Bank refuses to match); provided, that Belk shall not use any single Billing Cycle on the basis of criteria such as shopping behaviorStatement message to promote or market any competing credit, customer profiles debit or geographic locationcharge vehicle or any other product that directly competes with any Approved Ancillary Product.