Updated as of 6/11 

APPLIED BANK® CREDIT CARD AGREEMENT 
In  this  Credit  Card  Agreement  (“Agreement”)  “we,”  “us,”  “our”  and  “Bank”  refers  to 
Applied Bank of Wilmington, Delaware. “You,” “your” and “yours” refer to the person 
or persons who are liable for the Visa® or MasterCard® credit card account (“Account”). 
This  Agreement  governs  your  Account.  It  supersedes  and  replaces  any  prior  agreement 
you  may  have  with  us  for  this  account.  This  Agreement  (or  any  prior  credit  card 
agreement  we  provided  to  you)  became  effective  when  your  Account  was  approved.  If 
you do not agree to abide by the terms of this Agreement, you must close your Account, 
in  the  manner  provided  in  this  Agreement,  before  you  attempt  to  obtain  the  first  Cash 
Advance or Purchase on your Account or otherwise use your Account. If you close your 
Account within 30 days of the date it is opened we will issue a credit to your Account for 
any fees or Interest Charges we assess and charges for goods or services provided by our 
affiliated companies. 
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION THAT MAY 
SUBSTANTIALLY  LIMIT  OR  AFFECT  YOUR  RIGHTS.  AS  SET  FORTH  IN 
THE  ARBITRATION  PROVISION,  YOU  MAY  EXCLUDE  YOURSELF  FROM 
THE  ARBITRATION PROVISION  WITHOUT  AFFECTING  YOUR  RIGHT  TO 
CREDIT  OR  ANY  OTHER  TERMS  OF  THIS  AGREEMENT  IF  YOU 
PROMPTLY  SEND  US  A  WRITTEN  NOTICE.  PLEASE  READ  THE 
ARBITRATION  PROVISION  CAREFULLY  AND  KEEP  IT  FOR  YOUR 
RECORDS.  THE  ARBITRATION  PROVISION  SHALL  BE  EFFECTIVE 
UNLESS PROHIBITED BY LAW, RULE OR REGULATION. 

Definitions. Other defined terms used in this Agreement include: 
1. “ATM” means any automated teller machine. 
2. “Authorized User” means anyone you authorize to use the Card (or any other 
credit device we supply  to you) or  your Account to obtain credit. If  you request, and at 
our discretion, we may issue an additional Card in the name of the Authorized User with 
your Account number provided that the Authorized User to whom the card is to be issued 
accepts  joint  and  severable  liability  for  the  account.  You  agree  to  be  obligated  for  all 
credit obtained by all Authorized Users as if that credit were obtained by you, including 
credit for which you may not have intended to be liable. 

3. “Billing Cycle” means a monthly billing period, which begins on or about the 

same day of each month. 

4. “Card” means the card(s) issued in connection with your Account. 
5.  “Cash  Advance  Check”  means  Visa  Check,  MasterCard  Check  or  any  other 
checks, drafts or written instruments we supply to you to obtain a Cash Advance on your 
Account. 

6.  “Cash  Advance”  means  credit  you  or  an  Authorized  User  obtain  on  your 

Account in any of the following ways: 

(a) by drawing a Cash Advance Check on your Account, 
(b) by presenting the Card (or any other credit device we supply to you) to 
us or to any other participating MasterCard or Visa financial institution or other provider, 
to  obtain  cash  or  to  make  a  transfer  from  your  Account  to  any  other  deposit  or  loan 
account  or  to  make  any  other  transactions  that  involve  the  purchase  of  items  that  are 
readily  convertible  to  cash  or  similar  transactions  including,  but  not  limited,  to  money 

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orders,  stamps,  travelers  cheques,  bail  bonds,  tax  payments  and  gaming  transactions  (it 
being understood that you will only engage in gaming transactions where lawful),  

(c) by using the Card at an ATM or other device available for this purpose, 
to  obtain  cash  or  to  make  a  transfer  from  your  Account  to  any  other  deposit  or  loan 
account you have with us, 

(d) by incurring certain  fees which may be billed as a Cash Advance  for 
billing purposes such as the Account Origination Fee, Cash Advance Fee Interest Charge, 
Credit  Limit  Increase Fee, Upgrade  Fee and any  other fee defined in this Agreement or 
otherwise disclosed to you as a Cash Advance. 

7. “Closing Date” means the last day of any Billing Cycle. 
8.  “Credit  Limit”  means  the  maximum  amount of  credit  we  have  approved  for 

you on your Account.  

9.  “Deposit”  means  the  deposit  account  that  you  may  maintain  with  us  at  any 
time  in  connection  with  your  Account.  The  Deposit  is  subject  to  our  regular  Deposit 
Account  Rules  and  Regulations  (the  “Rules”)  which  are  in  effect  (as  may  be  amended 
from time to time) and which are included with this Agreement. Information described in 
the Truth-in-Savings disclosures of the Deposit account has been or will be sent to you if 
and when you open the Deposit. Your Deposit will secure all credit you now have or later 
obtain on your Account, as well as our charges. 

10. “New Balance” means the outstanding balance in your Account at the end of 
any Billing Cycle. The New Balance is the sum of the Previous Balance shown on your 
Statement,  less  payments  and  credits,  plus  new  Cash  Advances  and  Purchases  and  our 
charges (including Interest Charges) posted during the Billing Cycle. 

11. “POS” means point of sale.  
12.  “Purchase”  means  credit  you  or  an  Authorized  User  obtains  on  your 
Account, when you present the Card, or Card number, to a merchant honoring the Card or 
use  the  Card  at  a  POS  terminal  to  purchase  goods  and/or  services.  A  Purchase  also 
includes any fee listed in the “Our Charges” portion of this Agreement and any other fee, 
Interest Charge, or other transaction billed to your Account (for example, debt protection) 
that is not a Cash Advance.  

13. “Statement” means a statement of your Account which we will send to you at 
the end of  any Billing Cycle in which we owe  you or  you owe us more  than $1, or we 
impose any charge (including Interest Charges), or any payment, credit, Cash Advance or 
Purchase is posted to your Account. 

Using Your Account To Obtain Credit. You can use the Card and your Account 
to  make  Purchases  and  obtain  Cash  Advances  at  any  time,  as  long  as  you  are  not  in 
Default  and  your  credit  privileges  have  not  been  terminated.  We  may  also  allow 
Purchases or Cash Advances on your Account, even if you are in Default or your credit 
privileges have been terminated, if the Purchase or Cash Advance was made by you or an 
Authorized User. Your Account may be used only for valid and lawful purposes. If you 
use  or  allow  someone  else  to  use  your  Account  for  any  other  purpose  you  will  be 
responsible for such use and may be required to reimburse us and/or Visa or MasterCard 
for all amounts or expenses either we or Visa or MasterCard pay as a result of such use. 

Credit  Limit.  Your  Credit  Limit  will  appear  on  the  accompanying  Card  carrier 
and on your Statements. You may not exceed or attempt to exceed your Credit Limit at 
any  time.  However,  if  your  Account  balance  exceeds  your  Credit  Limit  for  any  reason, 

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we may require that you pay us any such excess immediately on demand, rather than in 
monthly installments. If we have previously honored requests for credit over your Credit 
Limit,  it  does  not  mean  that  we  will  honor  further  overlimit  requests.  We  may  offer  or 
accept requests for credit limit increases, which may be subject to a Credit Limit Increase 
Fee Interest Charge. 

Promise to Pay. By opening an Account, signing the Card or obtaining credit on 
your  Account,  you  agree,  jointly  and  severally  if  more  than  one  person  is  contractually 
liable for the Account, to be obligated for all credit obtained on  your Account, whether 
by  you or any of  you, or by any Authorized User, as well as for our charges (including 
Interest Charges) as provided in this Agreement. You also agree to be legally bound by 
this Agreement. You promise to pay to us all sums  you owe on  your Account, together 
with Interest Charges and other charges, in U.S. dollars, and payable through a financial 
institution in the United States, and in accordance with this Agreement and any hour of 
receipt and other payment instructions that appear on your Statement. No Cash Advance 
Check,  draft  or  written  instrument  we  supply  to  you  can  be  used  to  make  a  payment 
against  this  Account.  No  payments  shall  operate  as  an  accord  and  satisfaction 
without prior written approval of a Senior Officer of the Bank. Any payment check 
that you send to us for less than the full balance due that is marked “paid in full” or 
with a similar notation or that you otherwise attempt to tender in full satisfaction of 
a disputed amount must be sent to our Legal Department at 601 Delaware Avenue, 
Wilmington, DE 19801 with a letter identifying the dispute and that the payment is 
tendered  in  satisfaction  of  the  disputed  Account  balance.  We  will  apply  your 
payments in any lawful manner that we choose. 

You may choose, subject to our approval, to make a payment in U.S. dollars by 
means of a direct debit or charge to any deposit, savings or credit account of yours that is 
issued by a financial institution in the United States (“Payment Account”). By requesting 
us to process a payment by direct debit or charge to your Payment Account, you hereby 
authorize  us,  at  our  option,  to  debit  your  Payment  Account  by  means  of  an  electronic 
transaction or to submit a paper check or draft to your financial institution. 

You agree that we may convert any payment check or other payment instrument 
into an electronic debit transaction that will be processed through the Automated Clearing 
House system (“ACH”) and electronically debited from the account on which the check 
was  drawn.  Your  payment  check  or  other  payment  instrument  will  not  be  physically 
presented to your financial institution or returned to you. This is called check truncation 
or  check  conversion.  However,  should  you  need  a  copy  of  a  check  you  may  contact  us 
and we will provide it to you. You may be charged a fee for such copy request as allowed 
by law and as set forth in the section of this Agreement entitled “Our Charges.” 

Statements. The Statements we will send to you will reflect the activity and our 
charges on  your Account during the Billing Cycle. They will also show  your Minimum 
Payment and the Payment Due Date by which we must receive your Minimum Payment. 
If there are more than one of you, we may send the Statements only to the person named 
as the primary account holder in our system. 

Our  Charges.  You  agree  to  pay  us  the  following  fees  in  connection  with  your 
Account. Such fees will be treated as Purchases on your Account. Our assessment of Late 
Fees,  Overlimit  Fees  and  Returned  Payment  Fees  does  not  mean  you  are  permitted  to 

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engage  in  conduct  giving  rise  to  these  fees.  In  fact,  you  agree  not  to  engage  in  such 
conduct. 

1.  Monthly  Maintenance  Fee  (MMF).    Your  Account  is  subject  to  a  MMF  of 
$9.95  and  it  will  be  imposed  for  each  Billing  Cycle  or  portion  thereof  your  Account  is 
open or has a balance. If your account is closed by you or us, we will continue to charge 
the  MMF  until  you  pay  your  outstanding  balance  in  full  and  terminate  your  Account 
relationship. 

2. Copying Charges. If you request duplicates of any Statement, Cash Advance 
Check or other documents (except in connection with proper and timely written notice of 
a billing error), we will charge you a $3 fee for each copy we provide, unless applicable 
state law requires us to charge a lesser amount.  

3.  Late  Fee.  We  will  charge  a  Late  Fee  of  up  to  $35  if  we  do  not  receive  your 
Minimum  Payment  by  the  Payment  Due  Date  shown  on  your  Statement  in  accordance 
with any hour of receipt and other payment instructions appearing on your Statement. 

4. Overlimit Fee. You can request that we cover overlimit transactions by opting 
in as instructed below. If you opt-in and we permit you to go over your Credit Limit, we 
will charge you an Overlimit Fee of up to $35 to the Purchase balance of the Account if 
you exceed your Credit Limit on any day on or before your Statement Closing Date. You 
will only pay one fee per Billing Cycle, even if you go over  your Credit Limit multiple 
times  in  the  same  cycle.  You  may  also  revoke  your  decision  to  opt-in  for  future 
transactions at any time.  

Your  decision  to  opt-in  does  not  solely  determine  whether  we  will  authorize 
transactions to go over your Credit Limit. For example, even if you opt-in, we still may 
decline any transaction that would cause you to go over your Credit Limit, such as if you 
are  past  due  or  significantly  over  your  Credit  Limit.  In  addition,  we  have  discretion  to 
authorize transactions that go over  your Credit Limit even if  you do not opt-in, but you 
will not incur a fee for these transactions.  
You  may  opt  in,  or  revoke  your  decision  to  opt  in,  in  one  of  the  following  ways:  (1) 
calling  us  at  1-877-236-9659,  (FAX  1-561-994-9829),  or  (2)  writing  to  us  at  P.O.  Box 
17125, Wilmington, DE 19850-7125. 

5.  Returned  Payment  Fee.  If  any  check,  draft,  or  other  payment  method  we 
allow,  electronic  or  otherwise,  that  is  submitted  as  payment  for  sums  owing  on  your 
Account,  or  for  any  other  purpose,  is  returned  unpaid  or  charged  back  to  us  for  any 
reason, we will charge a Returned Payment Fee of up to $35. 

6. Reinstatement Fee.  If you or we terminate credit privileges on  your Account 
for any reason, at your request and in our sole discretion we may reinstate your Account 
privileges.  To  be  eligible  for  reinstatement  you  must  resolve  any  Default  to  our 
satisfaction.  If  we  reinstate  your  Account,  we  will  charge  you  a  Reinstatement  Fee  of 
$50.  

7. Stop Payment Fee. If we stop payment on any Cash Advance Check or other 
Cash Advance at your request, we will charge a Stop Payment Fee of $30. Stop Payment 
orders  are  permissible,  subject  to  applicable  law,  by  mail  or  by  phone  on  any  Cash 
Advance  Check  that  has  not  posted  to  your  Account  and  is  received  at  such  time  as  to 
give  the  Bank  a  reasonable  opportunity  to  act.  To  request  a  stop  payment,  you  must 
precisely  identify  the  type  of  Cash  Advance  Check,  the  check  number,  date  of  Cash 

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Advance Check, the exact amount of the item, and the payee. However, at our option, and 
to the extent that we are able, we may honor Stop Payment requests that do not identify 
the  Cash  Advance  Check  with  as  great  a  degree  of  precision  as  that  specified  in  the 
immediately  preceding  sentence.  Only  the  person  who  initiated  the  Stop  Payment  may 
make  a  release  of  the  Stop  Payment  request.  Oral  Stop  Payment  orders  are  binding  for 
fourteen (14) days only, unless you confirm the order in writing and we receive it within 
the  fourteen-day  period.  When  a  Stop  Payment  request  form  is  properly  signed  and 
returned,  the  order  is  effective  for  six  (6)  months  after  the  latest  date  the  written 
confirmation is received, accepted, and recorded on your Account, at which time it will 
automatically  expire.  The  Bank  will  not  be  liable  for  any  reasonable  delay  in  accepting 
and recording a Stop Payment to your Account. 

8. Additional Card Fee. After the initial Card has been issued for your Account, 
if you request and we agree to provide an additional Card to be issued in the name of an 
Authorized User or you request and we agree to permit an Authorized User who accepts 
full contractual liability for the account, be added to your Account, we will charge a $30 
Additional Card Fee for the approval of your request and the issuance of another Card to 
your Account. 

9.  Replacement  Card  Fee.  After  a  Card  has  been  issued  in  your  name,  if  you 
request and we agree to provide a replacement Card, we will charge a Replacement Card 
Fee of $30 for the Card’s replacement. This fee also applies to any Authorized User.  

10.  Automated  Account  Information  Fee.  We  will  charge  you  the  following 
fees to access our automated account information system through our toll free telephone 
number. The first two inquiries per Billing Cycle will not incur a charge. Thereafter, the 
cost  will  be  $0.50  for  each  separate  Account  inquiry  you  make  through  our  automated 
account  information  system.  You  will  be  charged  for  each  separate  inquiry  you  make 
even  if  you  make  more  than  one  inquiry  during  the  same  call.  This  fee  may  also  be 
referred and listed on your Statement as an “excessive pinpoint transaction.” 

11.  Fees  for  Optional  Payments.  If  you  choose  and  we  allow  you  to  make  an 
expedited payment by telephone with the assistance of one of our associates or agents to 
post to your Account the same day or, if the payment is made or received after 5:00 p.m., 
we will assess a $12.95 charge to your account for each such payment. 

12. Miscellaneous Fees. In accordance with applicable law, we may charge  you 
any reasonable fees for services rendered or for reimbursement of expenses, incurred in 
good faith by us or our agents in connection with your Account, or other reasonable fees 
in  connection  with  our  administering,  terminating  or  reinstating  your  Account.  For 
example,  if  you  continue  to  use  the  Account  after  we  advise  you  that  your  credit 
privileges have been terminated, we may charge you for our costs in listing your Account 
as  ineligible  for  credit  and  for  any  fee  imposed  on  recapture  of  the  Card(s)  or  Cash 
Advance Checks. 

Interest  Charges.  Your  Account  is  subject  to  the  following  Interest  Charges, 
which may appear as either a Fee or Interest on your Statement: (1) a Cash Advance Fee 
equal  to  the  greater  of  $5  or  5%  of  the  Cash  Advance,  which  is  imposed  whenever  we 
honor any Cash Advance  you request and added to  your Cash Advance  balance  (please 
note that in the Billing Cycle in which a Cash Advance is posted, the Cash Advance Fee 
will  cause 
the 
“Corresponding  Annual  Percentage  Rate”  for  Cash  Advances  shown  on  your  Statement 

the  “Annual  Percentage  Rate”  for  Cash  Advances 

to  exceed 

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for that Billing Cycle); (2) a “Periodic Rate Interest Charge,” which is calculated on the 
Cash Advance average daily balance of your Account as described in this Agreement; (3) 
a “Credit Limit Increase Fee” of $100 (unless you and we otherwise agree),  which may 
be charged in connection with each unsecured credit limit increase we approve after your 
Account is opened; (4) an “Upgrade Fee” of $100 (unless you and we otherwise agree), 
which may be charged in connection with any product upgrade (i.e. standard to gold); (5) 
a “Foreign Currency Transaction Fee” equal to 1% of any transaction made in a foreign 
currency  that  is  converted  to  U.  S.  Dollars  by  Visa  or  MasterCard  or  any  transaction 
made  in  a  foreign  country  even  if  it  is  in  U.S.  Dollars  (please  note  that  this  fee  will  be 
added to the same balance to which the foreign transaction is added). 

Grace  Period.  There  is  no  Grace  Period  for  Cash  Advances.    Interest  Charges 
accrue on Cash Advances beginning on the date the transaction occurs or on the first day 
of the Billing Cycle in which the transaction is received by us or, at our option, the date 
the  transaction  is  posted  to  your  Account.  Periodic  Rate  Interest  Charges  continue  to 
accrue until payment in full is received.  

Periodic  Rate  Interest  Charge  Calculation-Average  Daily  Balance  Method 

(Including New Transactions) for Cash Advances. 

(1)  To  determine  the  Periodic  Rate  Interest  Charge  for  Cash  Advances  we 
multiply the monthly Periodic Rate for Cash Advances by the “average daily balance” for 
Cash Advances (including new transactions) for the current Billing Cycle.  

(2) The total Interest Charge imposed on your Account each Billing Cycle is the 
sum of the Periodic Rate Interest Charges as calculated for Cash Advances for the current 
Billing Cycle.  

(3)  Cash  Advances.  To  get  the  “average  daily  balance”  of  Cash  Advances  for  a 
Billing  Cycle,  we  take  the  beginning  balance  of  Cash  Advances  in  your  Account  each 
day, add any new Cash Advances, and subtract any payments or credits which are applied 
to  Cash  Advances  (treating  any  negative  balances  as  zero).  On  the  first  day  of  each 
Billing Cycle, we add the unpaid Periodic Rate  Interest Charges for Cash Advances for 
the  prior  Billing  Cycle  to  the  daily  balance  of  Cash  Advances.  (In  this  way,  we 
compound  Interest  Charges  on  Cash  Advances  on  your  Account  on  a  monthly  basis.) 
This gives us the daily balance of Cash Advances. Then, we add up all the daily balances 
of Cash Advances for the Billing Cycle and divide the total by the number of days in the 
Billing Cycle. This gives us the “average daily balance” of Cash Advances for a Billing 
Cycle. There is no grace period in which Cash Advances may be repaid without incurring 
an Interest Charge.  

(4) General Periodic Rates. The monthly Periodic Rate for Purchases will be fixed 
at 0.00%, which corresponds to an ANNUAL PERCENTAGE RATE of 0.00% and the 
monthly Periodic Rate for Cash Advances will be fixed at 0.8325%, which corresponds 
to an ANNUAL PERCENTAGE RATE of 9.99%.  

Credit  Availability.  Payments  on  your  account  are  made  by  guaranteed  funds 
(for example, money orders and cashier’s checks) your credit will be available on the day 
after  your  deposit  or  payment  is  credited.  All  other  deposits  or  payments  may  not 
increase  your  credit  availability  until  we  are  assured  that  the  payment  has  not  been 
dishonored. This could take up to 14 calendar days (or longer). 

Minimum  Payments.  You  may  pay  your  entire  balance  at  any  time,  without 
penalty or premium. Whenever a balance is due, however, each month you must pay us at 

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least the Minimum Payment Due, which we must receive on or before the Payment Due 
Date shown on the Statement, in accordance with any hour of receipt and other payment 
instructions  shown  on  your  monthly  Statement.  The  Payment  Due  Date  will  be 
approximately  25  days  after  the  Closing  Date.  The  Minimum  Payment  Due  in  any 
monthly  Billing Cycle will be equal to the sum of (i) 2.25% of  your New Balance plus 
the total of all Periodic Rate Interest Charges that have accrued in the Billing Cycle for 
which the Minimum Payment is being calculated (rounded up to the next dollar) or $35, 
whichever  is  more  (or  your  entire  New  Balance  if  less  than  $35);  plus  (ii)  all  past  due 
amounts; plus (iii) the amount of any Late Fee charged in the Billing Cycle for which the 
Minimum  Payment  is  being  calculated;  plus  (iv)  the  amount  of  any  Overlimit  Fees 
charged in the Billing Cycle for which the Minimum Payment is being calculated. 

Subject to applicable law, we will apply and allocate payment up to the Minimum 
Payment Due and any credits on your Account among balances and Charges in any order 
and  manner  determined  by  us  in  our  sole  discretion.  You  agree  that  we  have  the 
unconditional  right  to  exercise  this  discretion  in  a  way  that  is  most  favorable  or 
convenient to us. Generally, the amount of payments credited to  your Account during a 
Billing  Cycle  will  be  applied  first  to  the  balance  bearing  the  lowest  APR  and  then  to 
balances bearing the higher APR, until the Minimum Payment Due payable in the Billing 
Cycle is credited to your Account. After that, the amount of payments remaining will be 
applied  to  the  balance  bearing  the  highest  APR  and  then  to  balances  bearing  the  lower 
APR in descending order. In most cases, credits will be applied first to the balance from 
which the corresponding debit originated. 

Security. You grant us a security interest and pledge and assign to us any and all 
sums  now  or  later  in  any  Deposit  established  by  you  to  secure  payment  of  all  of  your 
existing  and  future  obligations  under  this  Agreement  and  your  Account.  The  Deposit 
must  be  maintained  with  us  unencumbered  (i.e.  not  subject  to  any  lien,  judgment, 
attachment or execution) at all times. You may add to the Deposit at any time. With our 
consent,  you may also withdraw from the Deposit, which will reduce  your Credit Limit 
by a like amount, so long as you do not cause the outstanding balance in the Account to 
exceed your new, lower Credit Limit. You agree that we may restrict your right to obtain 
withdrawals from the Deposit. Upon a Default and without notice to you, we may apply 
any sums then in the Deposit against what you then owe on your Account. We may retain 
the Deposit or any sums remaining in the Deposit until the latest of the following events: 
(i)  14  days  after  the  time  all  sums  owed  to  us  on  your  Account  are  paid  in  full,  (ii)  10 
weeks from the time we receive from you all of the unexpired Cards and Cash Advance 
Checks,  cut  in  half,  or  (iii)  10  weeks  from  the  time  of  termination  of  your  Account. 
Except for the Deposit, we do not have a security interest in any other of your property in 
connection with your Account. 

Terminating  Credit  Privileges  and  Closing  Your  Account.  You  or  we  can 
terminate  your credit privileges at  any time for  any  reason, including but not limited to 
when  you  are  in  Default  under  this  Agreement.  If  you  or  we  terminate  your  credit 
privileges, you promise that any amounts that you owe us at the time of termination, plus 
any  new  Purchases  or  Cash  Advances,  plus  any  Interest  Charges  and  other  fees  and 
charges that will continue to be imposed at the rates and in the amounts specified in this 
Agreement, will be repaid according to this Agreement.  

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You  may  Close  your  Account  at  any  time.  In  order  to  close  your  Account,  you 
must:  give  us  written  notice  of  your  intent  to  close  your  Account  at  the  address  for 
inquiries shown on your Statement, and pay your outstanding balance in full. Your notice 
to  close  your  Account  will  become  effective  as  soon  as  we  can  reasonably  act  on  it.  If 
you request to close your Account, but do not pay your outstanding balance in full, your 
credit  privileges  will  be  terminated.  If  you  close  your  account,  the  terms  of  this 
Agreement remain in effect. 

Default.  You  will  be  in  default  of  this  Agreement  (“Default”)  if  any  of  the 

following occur:  

1.  You  do  not  make  a  Minimum  Payment  on  your  Account  on  or  before 

the Payment Due Date; 

2. You die or are declared legally incompetent; 
3. You become insolvent or bankrupt; 
4. You exceed or attempt to exceed the Credit Limit; 
5.  You  provide  us  with  false  or  misleading  information  or  signatures  at 

any time or use your Account in any fraudulent or unlawful manner; 

6. You fail to comply with this Agreement; 
7.  You  fail  to  make  any  payment  or  perform  any  promise  in  any  other 

agreement or obligation you have with us; or  

8. Any judgment, lien, attachment or execution is issued against you, the 

Deposit or your other property. 

If  you  are  in  Default,  we  may  immediately  terminate  your  credit  privileges  on 
your  Account and  any other credit account(s)  you may have with us. We need not give 
you  notice  of  termination.  We  may  also  demand  that  you  immediately  pay  us  all  sums 
owing on your Account and any other credit account(s) you may have with us, including 
all  unpaid  Interest  Charges  and  other  charges.  We  may  also  combine  the  outstanding 
balance on your Account with the balances of any other credit account(s) you may have 
with us regardless of whether or not that account is past due. Without notice to you, we 
may also apply any sums then in the Deposit, including interest, if any, you earned on the 
Deposit, against what you then owe on your Account. We may also demand that you cut 
the  Card(s)  and  Cash  Advance  Checks  in  half  and  immediately  return  them  to  us. 
Although  we  may  have  declared  your  Account  to  be  in  Default,  you  agree  to  pay  us 
Interest Charges and other charges at the rates provided in this Agreement until all sums 
you owe us are paid in full, even if we have demanded that you make immediate payment 
in full. 

If we waive a Default, we do not waive the right to declare the same or another 
event occurring later as a Default of your Account. If we start collection proceedings to 
recover amounts you owe us on this Agreement, to the extent permitted by law you agree 
to pay the reasonable fees of our attorneys who are not our regularly salaried employees, 
all  fees  paid  to  third  parties  who  collect  on  your  debt  for  us,  and  all  of  our  court, 
arbitration or other collection charges. 

Check  Return.  If  we  issue  Cash  Advance  Checks  or  drafts  to  you  for  use  with 
your Account,  you agree that we need not return to you those that  you use. If  you need 
evidence of any payment made to a merchant or other person by a Cash Advance Check 
or  draft,  you  agree  that  a  photocopy  or  similar  reproduction  we  provide  to  you  will  be 

8

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
satisfactory for such purposes. Such copies are subject to the Copying Charges listed in 
the Our Charges section of this Agreement. 

No Responsibility. We are not responsible in any way for the failure or refusal of 
any person to honor a Card, Cash Advance Check or other credit instrument or device we 
supply  to  you.  We  are  not  responsible  if  any  ATM  or  other  device  fails  to  operate  or 
operates improperly. 

Lost or Stolen Cards or Checks. You agree to notify us immediately if any Card 
or Cash Advance Checks are lost or stolen, or if  you suspect that they or  your Account 
has been used, or may be used, without your permission. 

Unlawful Internet Gambling. Restricted transactions are prohibited from being 
processed through  your  account with us as required by the Unlawful  Internet Gambling 
Enforcement Act of 2006 and Regulation GG. A restricted transaction is a transaction or 
transmittal  involving  any  credit,  funds,  instrument,  or  proceeds  in  connection  with  the 
participation of another person in unlawful internet gambling. 

Severability  and  Waiver.  If  any  provision  of  this  Agreement  is  invalid  or 
unenforceable  under  any  law,  rule  or  regulation,  it  shall  not  affect  the  validity  or 
enforceability  of  any  other  provision  of  this  Agreement.  We  may  delay  or  waive 
enforcing any of our rights under this Agreement without losing them. 

Changing This Agreement. We may change the terms of this Agreement at any 
time  and  from  time  to  time  (including  during  the  first  year  the  Account  is  open)  and 
including,  without  limitation,  by  increasing  existing  annual  or  other  fees,  adding  new 
fees, adding other new terms or deleting or modifying any existing terms. If we change 
this Agreement, we will send you a prior notice of the change only if it is then required 
by law. To the extent permitted by law, a change in terms of this Agreement will apply to 
existing balances and new transactions on your Account.  

Credit Information.  If  you believe that any information that we have furnished 
to  consumer  reporting  agencies  about  you  and  your  Account  is  inaccurate,  you  should 
contact  the  consumer  reporting  agency  to  ensure  your  rights.  As  permitted  by  law,  we 
may  obtain  consumer  credit  reports  and  information  about  you  for  updates,  renewals, 
extensions  of  credit,  review  or  collection  of  your  Account  and  any  other  permissible 
purpose. We may furnish information about you and your Account to consumer reporting 
agencies and others who help service your Account.  

Governing Law. This Agreement and your Account will be governed by, and 
interpreted  under  Federal  law  and  the  laws  of  the  State  of  Delaware  without 
reference  to  principles  of  conflict  of  laws.  The  legality,  enforceability  and 
interpretation  of  this  Agreement  and  the  amounts  contracted  for,  charged  and 
received  under  this  Agreement  will  be  governed  by  such  laws.  This  Agreement  is 
entered  into  between  you  and  us  in  Delaware.  We  make  decisions  about  granting 
credit  to  you  from  and  extend  credit  to  you  under  this  Agreement  in  Delaware. 
Federal  and  Delaware  law  will  also  apply  to  any  controversy,  Claim  or  dispute 
arising from or relating in any way to the subject matter of this Agreement and/or 
your Account, including, without limitation, statutory, equitable or tort claims.  

Return  of  Cards  and  Cash  Advance  Checks.  You  must  surrender  the  Card(s) 

and Cash Advance Checks to us upon demand. 

Binding Effect. If we pay a participating merchant for a Purchase or post a Cash 
Advance to your Account before we receive written notice of your death or declaration of 

9

 
 
 
 
 
 
 
 
 
your legal incompetence, or if we pay a participating merchant for a Purchase or post a 
Cash Advance to your account for a transaction that you made prior to your death or the 
declaration  of  your  legal  incompetence,  those  transactions  will  be  a  valid  and  binding 
Account obligations upon you, your estate and your personal representatives. 

Foreign  Exchange  Rate.  If  you  make  a  transaction  in  a  foreign  currency, 
MasterCard  or  Visa,  depending  on  your  card  type,  will  convert  the  foreign  currency 
transaction amount into a U.S. dollar amount. MasterCard or Visa will act in accordance 
with their operating regulations or foreign currency conversion procedures then in effect. 
MasterCard  currently  uses  a  conversion  rate  in  effect  one  day  prior  to  its  transaction 
processing data. Such rate is either a government-mandated rate or a wholesale rate. Visa 
currently uses a conversion rate in effect on its central processing date. Such rate is either 
a  rate  it  selects  from  the  range  of  rates  available  in  wholesale  currency  markets,  which 
may vary from the rate Visa receives or the government mandated rate. We may impose a 
Foreign  Currency  Transaction  Fee  as  described  in  the  Interest  Charges  section  of  this 
Agreement.  

Telephone Monitoring. You consent and authorize us, and any of our affiliates, 
servicing  companies,  or  associates  to  monitor  and/or  record  any  of  your  telephone 
conversations with our representatives or the representatives of those companies. 

Your Consent For Calls And/Or Text Messages To Your Cellular Phone. If 

we collect your cellular phone number from you, from another source or as a result of 
receiving a cellular phone call from you, you expressly consent to accept from us, our 
affiliates or any third party acting on our behalf:  

(1)  Calls  or  text  messages  for  collection  purposes  or  for  other  account-related 

purposes, such as to process your application.  

(2) Calls or text messages that we initiate to your cellular phone number made or 
transmitted using any automatic telephone dialing system and/or containing prerecorded 
messages.  

You agree you will be responsible for any fees or charges you incur as a result of 
incoming  calls  or  text  messages  from  us,  from  our  affiliates,  or  from  any  third  party 
acting on behalf of us or our affiliates. 

Your  Information.  You  agree  to  provide  us  with  accurate  and  updated 
information necessary to communicate with you and to send you information about your 
Account. Your Cards, Statements and any other notices will be sent to you at the address 
in our files. If you change your name, address, telephone numbers or e-mail address, you 
must  notify  us  promptly.  We  may  at  our  option  accept  corrections  or  updates  to  your 
personal information from the United States Postal Service and others. You agree that in 
the  event  that  we  do  not  have  valid  personal  information  on  file  we  may  obtain  such 
information  from  a  third  party.  You  agree  that  we  may  send  information  to  you  about 
your  Account  by  e-mail  and  that  such  information  may  include,  among  other  things  its 
delinquency  or  overlimit  status.  If  you  do  not  want  us  to  send  account  information  
by e-mail, please send a written request to our customer service address asking us not to 
do so. 

We  May  Transfer  Your  Account.  We  may  at  any  time,  and  without  notice  to 
you, transfer, assign or sell your account, any sums due on your account, this Agreement, 
or our rights or obligations under your account or this Agreement to any person or entity. 
The  person  or  entity  to  whom  we  make  any  such  sale,  assignment  or  transfer  shall  be 

10

 
 
 
 
 
 
entitled  to  all  of  our  rights  and/or  obligations  under  this  Agreement,  to  the  extent  sold, 
assigned or transferred. 

ARBITRATION 

Arbitration.  Arbitration  is  a  method  of  deciding  disputes  outside  the  court 
system. This Arbitration Provision governs when and how any disputes you and we may 
have will be arbitrated instead of litigated in court. 

Certain Definitions. Certain capitalized words used in this Arbitration Provision 

have special meanings: 

“We,” “us,” and “our” do not mean just the Bank. These terms also include: (1) 
any  parent  company  of  the  Bank,  all  companies  owned  by,  controlled  by  or  under 
common  ownership  or  control  with  the  parent  company  or  the  Bank,  including  but  not 
limited  to  Applied  Card  Systems,  Inc.;  (2)  any  prior  issuer  of  the  Account;  (3)  any 
company  to  which  we  transfer  our  rights  under  this  Agreement;  and  (4)  all  of  the 
employees  or  other  individuals  who  manage  or  own  these  companies.  Finally,  if  either 
you or we elect to arbitrate any Claim you bring against us, these terms include any other 
persons or companies who you make Claims against in the same proceeding. 

“Claim” means any dispute between you and us that cannot be resolved without a  
judicial  or  arbitration  proceeding  and  arises  as  a  result  of,  or  has  anything  at  all  to  do 
with: (1)  your Account; (2) the events leading up to  your becoming an Account holder; 
(3) this Agreement (including this Arbitration Provision); (4) any prior credit account or 
agreement  relating  to  such  account;  or  (5)  your  relationship  with  us.  This  includes 
disputes  relating  to  any  products,  insurance  or  other  services  offered  to  you  as  an 
Account holder. This includes disputes about whether this Arbitration Provision is valid 
or  binding;  about  whether  or  when  it  applies;  and  whether  a  dispute  is  arbitrable.  It 
includes  disputes  relating  to  constitutional  provisions;  statutes;  ordinances;  regulations; 
court decisions; compliance with the Agreement or a related contract; and wrongful acts 
of  every  type  (whether  intentional;  fraudulent;  reckless;  or  just  negligent).  It  includes 
requests  for  money,  for  orders  requiring  you  or  us  to  take  certain  actions  (which  are 
sometimes referred to as “injunctive relief”), for declarations of legal rights and for any 
other  kind  of  relief.  This  Arbitration  Provision  applies  to  Claims  that  arise  prior  to  the 
effective  date  of  this  Arbitration  Provision.  Notwithstanding  the  foregoing,  any  dispute 
concerning the validity or effect of the part of this Arbitration Provision captioned “NO 
CLASS  ACTIONS  OR  SIMILAR  PROCEEDINGS”  shall  not  be  subject  to  this 
Arbitration Provision and shall be resolved by a court and not an arbitrator. 

“Administrator”  means  the  American  Arbitration  Association  (“AAA”),  335 
Madison Avenue, New York, NY 10017, www.adr.org, or, in the event that AAA is not 
available  as  a  forum  for  arbitration  of  a  Claim,  such  alternative  forum  which 
administrates  arbitration  of  a  Claim  in  accordance  with  the  Federal  Arbitration  Act,  9 
U.S.C.  §§1  et  seq.  and  the  Administrator’s  Rules.  The  arbitrator  will  be  selected  under 
the Administrator’s Rules. You can select the Administrator if you give us written notice 
of your selection with your notice that  you are electing to arbitrate any Claim or within 
20 days after we give you notice that we are electing to arbitrate any Claim. If you do not 
select the Administrator on time, we will select one. If for any reason the Administrator 
you  or  we  select  is  unable  or  unwilling  to  serve  or  continue  to  serve  as  Administrator, 
you will have 20 days to select a different Administrator. 

11

 
 
 
 
 
 
 
Starting  an  Arbitration.  You  or  we  can  give  written  notice  of  an  intention  to 
begin arbitration of a Claim or Claims or to require arbitration of the other party’s Claim 
or  Claims.  This  notice  can  be  given  by  one  party  even  if  the  other  party  has  begun  a 
lawsuit.  If  such  a  notice  is  given,  any  Claim  will  be  resolved  by  arbitration  under  this 
Arbitration  Provision  and  the  Administrator’s  Rules  that  are  in  effect  at  the  time  the 
Claim is filed with the Administrator. The arbitrator must be a lawyer with more than 10 
years of experience or a retired judge, unless you and we agree otherwise. A copy of the 
Claim form may be obtained from the Administrator or from us. A party who has asserted 
a  Claim  in  a  lawsuit  may  still  elect  arbitration  with  respect  to  any  Claim  that  is  later 
asserted in the same lawsuit by  any other party.  All doubts about whether to arbitrate a 
Claim shall be resolved in favor of arbitration.  

We  will  not  elect  to  arbitrate  an  individual  Claim  that  you  bring  against  us  in 
“small  claims”  court  (or  the  equivalent  court  in  your  state).  However,  we  may  elect  to 
arbitrate  a  “small  claims”  court  Claim  that  is  later  transferred,  removed  or  appealed  to 
any different court. 

IMPORTANT LIMITATIONS 

If you or we elect to arbitrate a Claim, neither you nor we will have the right 
to pursue that Claim in court or have a jury decide the Claim. Also, the ability of a 
party to obtain information from the other party and to appeal, is more limited in 
an  arbitration  than  in  a  lawsuit.  Other  rights  that  you  or  we  would  have  in  court 
may also not be available in arbitration. The fees charged by the administrator may 
be higher than the fees charged by a court.  

NO CLASS ACTIONS OR SIMILAR PROCEEDINGS 

If  you  or  we  elect  to  arbitrate  a  Claim:  (1)  neither  you  nor  anyone  else  on 
your  behalf  can  pursue  that  Claim  in  court  or  in  an  arbitration  proceeding  on  a 
class-wide or representative basis; and (2) Claims brought by or against one account 
holder (or joint account holders) may not be brought together with Claims brought 
by  or  against  any  other  account  holder.  The  arbitrator  shall  have  no  authority  to 
hear or decide an arbitration on a class-wide or representative basis. However, this 
prohibition  against  class  actions  is  not  applicable  to  cardholders  residing  in  the 
State of California. 

Arbitration  Location  and  Costs.  Any  arbitration  hearing  that  you  attend  will 
take place at a location reasonably convenient to your residence. In the event that you file 
a  Claim  against  us  and  you  cannot  afford  to  pay  the  fees  charged  by  the  Administrator 
and the arbitrator or if you believe that such fees are too high, and you cannot obtain a fee 
waiver, we will consider any reasonable written request by you for us to advance the fees. 
We  will  pay  any  fees  or  expenses  we  are  required  to  pay  by  law.  The  arbitrator  will 
decide who will be ultimately responsible for paying those fees. In the event that you file 
a Claim against us, in no event will  you be required to reimburse us for  any  arbitration 
filing,  administrative  or  hearing  fees  in  an  amount  greater  than  what  your  court  costs 
would have been if the Claim had been resolved in a state court with jurisdiction. In the 
event that we file a Claim against  you, the arbitrator will decide who is responsible for 
paying all costs for arbitrating the Claim.  

12

 
 
 
 
 
 
 
 
Governing  Law.  This  Agreement  involves  interstate  commerce  and  this 
Arbitration Provision is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§1 
et seq. The arbitrator must follow: (1) the FAA; (2) the substantive law, consistent with 
the  FAA,  related  to  any  Claim;  (3)  statutes  of  limitations;  and  (4)  claims  of  privilege 
recognized at law. Upon the timely request of either party, the arbitrator must provide a 
brief  written  explanation  of  the  basis  for  the  award.  The  arbitrator  will  determine  the 
rules  of  procedure  and  evidence  to  apply,  consistent  with  the  FAA,  the  Administrator’s 
Rules and this Arbitration Provision. The arbitrator shall not apply federal, state or local 
rules of procedure and evidence or state or local laws concerning arbitration proceedings.  
Obtaining  Information.  After  an  arbitration  has  been  started,  in  addition  to  a 
party’s right to obtain information from the other party under the Administrator’s Rules, 
either  party  may  request  the  arbitrator  in  writing  to  allow  that  party  to  obtain  more 
information from the other party. A copy of such request must be provided to the other 
party.  That  party  will  then  have  the  chance  to  object  in  writing.  The  objection  must  be 
sent to the arbitrator and the other party. The arbitrator will decide the issue, in his or her 
sole discretion. 

Effect  of  Arbitration  Award.  Any  appropriate  court  may  enter  judgment  upon 
the arbitrator’s award. The arbitrator’s decision will be final and binding, except for any 
appeal  right  under  the  FAA  and  except  for  Claims  that  involve  requests  for  monetary 
relief exceeding $100,000 or requests for injunctive or declaratory  relief that could cost 
any party more than $100,000. For these large Claims, any party may appeal the award to 
a three-arbitrator panel appointed by the Administrator. That panel will consider all over 
again  any  part  of  the  initial  award  that  any  party  asserts  was  incorrectly  decided.  The 
decision  of  the  panel  will  be  by  majority  vote  and  will  be  final  and  binding,  except  for 
any  appeal  right  under  the  FAA.  Unless  applicable  law  provides  otherwise,  the  fees 
charged by the Administrator, and the arbitrators for such an appeal, are to be paid by the 
appealing  party,  regardless  of  who  wins  the  appeal.  However,  we  will  consider  any 
reasonable  written  request  by  you  for  us  to  pay  such  fees.  All  other  provisions  of  this 
Arbitration  Provision  shall  apply  to  any  appeal  to  a  three-arbitrator  panel  and  any 
reference  in  this  Arbitration  Provision  to  a  single  arbitrator  shall  apply  to  the  
three-arbitrator panel. 

Continued Effect of Arbitration Provision. This Arbitration Provision governs, 
notwithstanding  any  prior  arbitration  provision  between  you  and  us.  This  Arbitration 
Provision  will  remain  in  force  no  matter  what  happens  to  you  or  your  Account.  For 
example,  it  will  remain  in  force  even  if:  (1)  your  credit  privileges  are  ended  or  put  on 
hold;  (2)  you  close  your  Account;  (3)  you  repay  your  entire  Account  balance;  (4)  we 
begin  a  lawsuit  to  collect  amounts  we  think  you  owe;  or  (5)  you  become  bankrupt  or 
insolvent or a bankruptcy or insolvency proceeding is begun, to the extent consistent with 
applicable bankruptcy law. If any portion of this Arbitration Provision cannot be enforced 
for any reason, the rest of this Arbitration Provision will continue to apply. However, if 
the  part  of  this  Arbitration  Provision  captioned  “NO  CLASS  ACTIONS  OR  SIMILAR 
PROCEEDINGS”  is  struck  in  a  proceeding  brought  as  a  class  action  or  representative 
action, the entire Arbitration Provision (other than this sentence) shall be null and void in 
such proceeding, provided that we and  you  retain the right to contest through appeal or 
further  available  judicial  proceedings  any  determination  with  respect  to  this  part  of  the 
Arbitration  Provision.  In  the  event  of  any  conflict  or  inconsistency  between  this 

13

 
 
 
 
 
Arbitration Provision, on the one hand, and the Administrator’s Rules or other provisions 
of this Agreement, on the other hand, this Arbitration Provision will govern. 

Rejection  of  Arbitration  Provision.  You  may  reject  this  Arbitration  Provision, 
(and  any  prior  arbitration  provision  between  you  and  us)  by  sending  us  a  notice 
(“Rejection Notice”) that we receive within thirty (30) days after you open your Account. 
Any Rejection Notice must include your name, address and telephone number and must 
be signed by you. You must mail your Rejection Notice or send it by messenger service 
(such  as  Federal  Express)  to  us  at  our  Legal  Department  at  601  Delaware  Avenue, 
Wilmington,  DE  19801.  In  the  event  of  any  dispute  concerning  whether  you  have 
provided  a  timely  Rejection  Notice,  you  must  provide  a  signed  receipt  as  confirmation. 
This is the only method you can use to reject this Arbitration Provision. 

YOUR BILLING RIGHTS 
KEEP THIS NOTICE FOR FUTURE USE 

This  notice  tells  you  about  your  rights  and  our  responsibilities  under  the  Fair 

Credit Billing Act. 

WHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT 
If you think there is an error on your billing statement, write to us on a separate sheet at 
P.O. Box 17125, Wilmington, DE 19850-7125.  In your letter, give us the following 
information: 
• Account information: Your name and Account number. 
• Dollar amount: The dollar amount of the suspected error. 
• Description of problem: If you think there is an error on your bill, describe what you 
believe is wrong and why you believe it is a mistake. 
You must contact us: 
• Within 60 days after the error appeared on your statement. 
• At least 3 business days before an automated payment is scheduled, if you want to stop 
payment on the amount you think is wrong. 
You must notify us of any potential errors in writing. You may call us, but if you do we 
are not required to investigate any potential errors and you may have to pay the amount in 
question. 

WHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER 

When we receive your letter, we must do two things: 

1. Within 30 days of receiving your letter, we must tell you that we received your 

letter. We will also tell you if we have already corrected the error. 

2. Within 90 days of receiving your letter, we must either correct the error or 

explain to you why we believe the bill is correct. 
While we investigate whether or not there has been an error: 
• We cannot try to collect the amount in question, or report you as delinquent on that 
amount. 
• The charge in question may remain on your statement, and we may continue to charge 
you interest on that amount. 
• While you do not have to pay the amount in question, you are responsible for the 
remainder of your balance. 
• We can apply any unpaid amount against your credit access line. 

14

 
 
 
 
 
After we finish our investigation, one of two things will happen: 
• If we made a mistake: You will not have to pay the amount in question or any interest 
or other fees related to that amount. 
• If we do not believe there was a mistake: You will have to pay the amount in question, 
along with applicable interest and fees. We will send you a statement of the amount you 
owe and the date payment is due. We may then report you as delinquent if you do not 
pay the amount we think you owe. 
If you receive our explanation but still believe your bill is wrong, you must write to us 
within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as 
delinquent without also reporting that you are questioning your bill. We must tell you the 
name of anyone to whom we reported you as delinquent, and we must let those 
organizations know when the matter has been settled between us. 
If we do not follow all of the rules above, you do not have to pay the first $50 of the 
amount you question even if your bill is correct. 

YOUR RIGHTS IF YOU ARE DISSATISFIED 
WITH YOUR CREDIT CARD PURCHASES 
If you are dissatisfied with the goods or services that you have purchased with your credit 
card, and you have tried in good faith to correct the problem with the merchant, you may 
have the right not to pay the remaining amount due on the purchase. 
To use this right, all of the following must be true: 
1. 
The purchase must have been made in your home state or within 100 miles of 
your current mailing address, and the purchase price must have been more than $50. 
(Note: Neither of these are necessary if your purchase was based on an advertisement we 
mailed to you, or if we own the company that sold you the goods or services.) 
2. 
advances from an ATM or with a check that accesses your credit card Account do not 
qualify. 
3. 
If all of the criteria above are met and you are still dissatisfied with the purchase, contact 
us in writing on a separate sheet at P.O. Box 17125, Wilmington, DE 19850-7125. 
While we investigate, the same rules apply to the disputed amount as discussed above. 
After we finish our investigation, we will tell you our decision. At that point, if we think 
you owe an amount and you do not pay, we may report you as delinquent. 

You must have used your credit card for the purchase. Purchases made with cash 

You must not yet have fully paid for the purchase. 

YOUR LIABILITY FOR UNAUTHORIZED 
USE OF YOUR ACCOUNT 

You may be liable for unauthorized use of  your Account. You will not be liable 
for  unauthorized  use  that  occurs  after  you  notify  us,  orally  or  in  writing,  of  the  loss  or 
theft, or possible unauthorized use of your card, Cash Advance Checks, or your account. 
In any case, your liability will not exceed $50. To notify us of the loss, theft, or possible 
unauthorized use of your Account, call us at the telephone number located on the back of 
your Card or your Billing Statement, 24 hours a day or write to us at the address noted in 
the paragraph “HOW TO CONTACT US”. 

15

 
 
 
 
 
 
HOW TO CONTACT US 
For  general  inquiries  we  can  be  reached  in  writing  at:  Applied  Bank,  P.O.  Box  17125, 
Wilmington, DE 19850-7125. Or, you can call our Customer Service Department at (561) 
982-9111.  Automated  Account  Information 
is  available  24  hours  a  day  with 
representatives available during normal business hours. Payments should be mailed to the 
address listed on your Statement. 

APPLIED BANK 
DEPOSIT ACCOUNT RULES AND REGULATIONS 
In  these  Deposit  Rules  and  Regulations  (the  “Rules”),  “we”  are  Applied  Bank  of 
Wilmington, DE. “You,” “your” and “yours” refer to the person or persons whose Visa or 
MasterCard  credit  Card  account  (“Account”)  is  secured  by  this  Deposit  Account  (the 
“Deposit”). 
JOINT  ACCOUNT.  If  you  have  a  Joint  Account  the  Deposit  will  be  deemed  a  Joint 
Account  with  the  Right  of  Survivorship.  Each  of  you  will  be  deemed  to  own  an  equal 
share  and  each  has  the  right  to  make  deposits  and  withdrawals.  Upon  the  death  of  any 
signer, the Deposit will become the property of the survivor. 
DEPOSITS.  You  can  make  additions  to  the  Deposit  by  mail  at  any  time.  To  assure 
proper crediting,  you should not include the deposit in the same envelope in which  you 
are making payment on the Account.  
WITHDRAWALS.  You  can  make  a  request  to  us  for  a  withdrawal  from  your  Deposit 
only by mail. Because your Deposit secures payment of sums owing on your Account, we 
need not honor any withdrawal order until the latest of the following events: (i) 14 days 
after the time all sums owed to us on your Account are paid in full, (ii) 10 weeks from the 
time we receive from you all unexpired credit Cards and cash advance checks, cut in half, 
or (iii) 10 weeks from the time your Account is closed. 
INTEREST. We do not pay interest on the Deposit.  
ASSIGNMENTS PROHIBITED. You may not assign the Deposit to anyone other than 
us. 
GOVERNING  LAW.  These  Rules  and  your  Deposit  will  be  governed  by  and 
interpreted  under  Federal  law  and  the  laws  of  the  State  of  Delaware  without 
reference  to  the  principles  of  conflict  of  laws.  Such  laws  will  govern  the  legality, 
enforceability,  and  interpretation  of  these  Rules.  These  Rules  are  entered  into  between 
you  and  us  in  Delaware.  Federal  and  Delaware  law  will  also  apply  to  any  controversy, 
claim or dispute arising from or relating in any way to the subject matter of these Rules 
and/or your Deposit, including, without limitation, statutory, equitable or tort claims.  
AMENDMENTS. We may change the terms of these Rules from time to time, including, 
without limitation, by adding new terms or by deleting or modifying existing terms. If we 
change the Rules, we will send you a prior notice of the change only if it is then required 
by  law.  To  the  extent  permitted  by  law,  a  change  in  terms  of  these  Rules  will  apply  to 
existing balances and new transactions on your Deposit. 

Applied Bank 
Wilmington, DE 
© 2011 Applied Bank. All Rights Reserved.  
Member FDIC.  

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