Merrick Bank Visa® or MasterCard® Cardholder Agreement
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE SEE THE  
“AGREEMENT TO ARBITRATE DISPUTES AND CLASS ACTION WAIVER” SECTION BELOW FOR ADDITIONAL DETAILS.

 G-17208
04/18

1. Welcome to Merrick Bank and to Your 
Card Agreement. This document and the 
Pricing Appendix that came with your Card 
are your Agreement with us. Please keep this 
Agreement (including the Pricing Appendix as 
well as any future change-in-terms notices 
you may receive) in a safe place with your 
other important papers. The words used in 
this Agreement are defined and explained 
in the “Glossary and Definitions” section 
below. You may make Purchases anywhere 
the Card is honored, so long as you do not 
exceed your available credit limit and are 
otherwise in compliance with this Agreement. 
The Bank is not responsible for the failure of 
any merchant or any other party to accept 
or honor your Card. Unless applicable law 
otherwise requires, if you make a Purchase 
on your Account and the merchant discloses 
a policy such as “no returns,” “no refund,” 
“no return or credit without receipt,” “as 
is,” “store credit only,” “all sales final” or 
similar statements, you will be bound by the 
merchant’s policy. You must acquaint yourself 
with the merchant’s return policies before you 
make your Purchase. For repeat, recurring 
or automatic Purchases, we may rely, to the 
maximum degree permitted by law, upon 
any reasonable proof presented to us by the 
merchant that you authorized such purchases 
and authorized being billed repeatedly  
for them. If you have authorized repeat, 
recurring or automatic Purchases and we 
replace your Card due to its being lost, 
stolen or at risk for fraud, we may, at our 
sole discretion, notify the recipients of your 
recurring or automatic Purchases, but you 
agree to notify the recipients of your recurring 
or automatic Purchases of the change in your 
account number.
You may obtain Cash Advances from many 
locations where the MasterCard or Visa logo 
is displayed (depending on whether your 
Card is a MasterCard or a Visa card) or from 
an ATM that displays such a logo, so long as 
you do not exceed your available credit limit 
or any daily Purchase limits, or exceed your 
available Cash Advance credit limit or any 
daily Cash Advance limits, and are otherwise 
in compliance with this Agreement.
You must sign the back of the Card before 
you use it for the first time. BY SIGNING THE 
CARD OR USING IT TO MAKE A PURCHASE 
OR TO OBTAIN A CASH ADVANCE, YOU AGREE 
TO ALL OF THE TERMS AND CONDITIONS OF 
THIS AGREEMENT, INCLUDING THE PROVISION 
BELOW RELATING TO FUTURE CHANGES TO 
THIS AGREEMENT OR THE PRICING APPENDIX.
We may change the terms of this Agreement 
or the Pricing Appendix at any time. We may 
change or remove any of the terms and 
conditions of, or add new terms or conditions 
to, this Agreement or the Pricing Appendix, 
including without limitation by increasing 
existing fees, margins and rates, and adding 
new fees and charges, whether or not the 
Account has been cancelled, suspended or 
closed to new Account transactions. To the 
extent allowed by applicable law, any changes 
will apply to your entire Account Balance even 
though Purchases, Cash Advances or other 
transactions occurring prior to the date of the 
change may be part of the Account Balance.
At any time, you may request that we mail you 
a copy of this Agreement in its then-current 
form, or you may review it on the Internet at  
www.merrickbank.com/agreements. If you 
are visually impaired, please call us at  
(800) 204-5936 for assistance.
Military Borrowers. Federal law provides 
important protections to members of the 
Armed Forces and their dependents relating to 
extensions of consumer credit. In general, the 
cost of consumer credit to a member of the 
Armed Forces and his or her dependent may 
not exceed an annual percentage rate of 36 
percent. This rate must include, as applicable 
to the credit transaction or account: The costs 
associated with credit insurance premiums; 
fees for ancillary products sold in connection 
with the credit transaction; any application  
fee charged (other than certain application 
fees for specified credit transactions or 
accounts); and any participation fee charged 
(other than certain participation fees for a 
credit card account). If you are a member of 
the Armed Forces, or a dependent of such 
member, you may call 1-833-234-0758 toll 
free to receive disclosures about your Account 
over the telephone.
2. Your Promise to Pay. You promise to pay, 
according to the terms of this Agreement, all 
amounts owing under your Account and this 
Agreement including, without limitation, the 
total amount of all Purchases, Cash Advances, 
interest charges and all other charges and 
fees described in this Agreement. If you have 
requested a Card for use by someone else, 
you will be responsible for that person’s 
transactions, including transactions for which 
you may not have intended to be liable. 
Although we will send you Billing Statements, 
if you do not receive a Billing Statement you 
still must pay your Minimum Payment by the 
Payment Due Date.  If you do not receive a 
Billing Statement, you must call us at (800) 
204-5936 to find out your Payment Due 
Date and Minimum Payment, and to advise 
us of your correct mailing address.  We will 
only mail Billing Statements to one mailing 
address. With your authorization, we may 
also provide your Billing Statements via 
email or other electronic means.  You must 
notify us immediately of any change to 
your mailing or email address. We will only 
send Billing Statements to you and except 
under certain circumstances determined by 
us, not to any third-party. No matter where 
Billing Statements are sent or when they 
are received, your obligation to make timely 
Minimum Payments and to pay all other 
amounts owed on the Account is not excused.
We may accept late or partial payments 
without losing any of our rights under this 
Agreement. You agree not to send us partial 
payments marked “paid in full,” “without 
recourse,” or similar language. If you send 
such a payment, we may accept it without 
losing any of our rights under this Agreement.
If you do not pay what you owe when it is 
due, or if you otherwise violate this Agreement 
(including in connection with the Deposit 
Account or the Bank’s security interest 
therein), then in addition to all charges, 
interest, fees and other amounts described 
in this Agreement you also must pay us, 
or our assignee, all collection costs, legal 
expenses or other expenses resulting from 
any and all efforts to collect what is owed on 
the Account or as a result of use of the Card, 
or otherwise to respond to your violation of 
this Agreement. This includes all attorneys’ 
fees and arbitration or court costs except as 
otherwise set forth in this Agreement. You 
agree to pay reasonable attorneys’ fees even 
if the attorney is a salaried employee of the 
Bank or its assignee.
3. How to Make Payments and How We 
Apply Them. You must pay us in U.S. Dollars, 
with a check, draft or money order drawn on a 
United States bank or the United States Postal 
Service, or through an automated clearing 
house acceptable to us in our sole discretion. 
Payments received with the payment 
coupon and received from the postal or 
other delivery service by 5:00 p.m. local 
time at the payment address indicated on 
the most recent Billing Statement will be 
posted to your Account as of that date. If you 
send payments to any other address or fail 
to include the payment coupon, or if there 
are errors or delays at the postal service or 
other transmission or delivery services, the 
payment may be lost or there may be a delay 
in posting the payment. Either event could 
result in a Late Payment Fee and/or additional 
interest charges. Neither the postal service 
nor any other money transmitter or delivery 
service is Merrick Bank’s agent, and if you 
use the postal service or any other third party 
to deliver your payment, you assume the 
risk that those services lose your payment or 
deliver it late. Please call us at  
(800) 204-5936 or go to  
www.merrickbank.com/payments if you do 
not know where to send your payment.
Payments in excess of the Minimum 
Payment shown on the most recent Billing 
Statement will be applied first to the highest 
APR balance. In general, amounts up to the 
Minimum Payment will be applied in the 
manner most favorable to us, which  
usually will be to lower APR balances 
(including any zero APR balances) before 
higher APR balances.
We process electronic check conversions. 
When you provide a check as payment, you 
authorize us to use information from your 
check to make a one-time electronic funds 
transfer (EFT) from your account. In certain 
circumstances, such as for technical or 
processing reasons, we may process your 

payment as a check transaction. An EFT 
likely will clear more quickly than a payment 
processed as a check, and therefore your 
checking account may be debited the same 
day we receive your check. Please be sure 
you maintain sufficient funds in your checking 
account when you send us a check. If there 
are not sufficient funds in your checking 
account and your bank returns the item to us 
unpaid, you must pay us a Returned Payment 
Fee. With electronic check conversion, you 
will not receive your cancelled check back, 
but your checking account statement should 
provide sufficient information about the EFT.
4. You Must Make Your Minimum Payments 
On Time. Each Billing Cycle you must pay at 
least the Minimum Payment shown on the 
Billing Statement by the Payment Due Date. 
The Minimum Payment will be calculated as 
described in the Pricing Appendix. You may 
also choose to pay any amount in excess 
of the Minimum Payment, up to your New 
Balance in full, in any Billing Cycle. Even if 
you pay more than the Minimum Payment in 
one Billing Cycle, you still must pay the full 
Minimum Payment in future Billing Cycles 
until the entire Account Balance is paid. 
Credits applied for reversals of Purchases 
(for example, merchant credits for returned 
or defective goods) or for reversals of fees 
or interest charges do not count toward 
your Minimum Payment. For example, if the 
Minimum Payment is $50, you still must pay 
us the full $50 by the Payment Due Date 
even if you return $50 worth of goods to 
a merchant where you use the Card. If the 
Minimum Payment is not received on time, 
you agree to pay a Late Payment Fee.
If you are in Default, we reserve the right to 
(1) refuse to honor any further Purchases 
or Cash Advances, (2) reduce your credit 
limit, (3) require payment of a portion of 
your outstanding balance greater than the 
Minimum Payment, (4) declare the entire 
balance of your Account immediately due and 
payable, and/or (5) exercise such other and 
further of our rights under this Agreement or 
applicable law as we in our sole discretion 
deem appropriate.
5. How Interest Is Calculated. We use the 
Average Daily Balance method (including new 
transactions) to calculate interest on your 
Account. The Average Daily Balances  
for Purchases and Cash Advances are 
calculated separately.
To calculate the Average Daily Balances, we 
start with the beginning balance for each 
day in the Billing Cycle. For Purchases, the 
beginning balance includes Purchases, 
Annual Fees (including Additional Card Fees), 
Late Payment Fees, Returned Payment Fees, 
Over Limit Fees, Copying Charges, Currency 
Conversion Charges related to Purchases, 
Expedited Phone Payment Fees, Replacement 
Card Fees, the Account Set-up Fee, Fees for 
Other Services and billed but unpaid interest 
on all such amounts. For Cash Advances, the 
beginning balance includes Cash Advances, 
Cash Advance Transaction Fees, Currency 
Conversion Charges related to Cash Advances 
and billed but unpaid interest on all such 
amounts. We then add any new charges and 
subtract any payments or credits. This gives 
us the daily balance for each day, except that 
if the daily balance is negative, we treat it as 
zero. We then add up all of the daily balances 
for each balance and divide by the number 
of days in the Billing Cycle. This gives us the 
Average Daily Balance for each balance. The 
interest charged for each balance equals the 
Average Daily Balance for that balance times 
the applicable DPR times the number of days 
in the Billing Cycle. The results are then added 
together to determine the total interest charge 
for the Billing Cycle. To the extent interest 
comprises any part of your Average Daily 
Balance, compounding of interest will occur.
Charges are added as of the date of the 
transaction. If a transaction occurs in one 
Billing Cycle but is not posted to your Account 
until the next Billing Cycle, the transaction is 
added or subtracted on the first day of the 
Billing Cycle in which the transaction is posted 
to your Account. If the DPR for Purchases or 
Cash Advances changes during a Billing Cycle, 
the new DPR will take effect as of the first day 
of the Billing Cycle.
6. About Periodic Rates (APRs and DPRs). 
If your Account has an Introductory APR for 
Purchases or Cash Advances, the Introductory 
APR and the corresponding Introductory Daily 
Periodic Rate will be shown in the “Interest 
Rates and Interest Charges” section of the 
Pricing Appendix. Introductory APRs are fixed 
rates and are not based on movements in the 
Prime Rate. Introductory APRs will be in effect 
until the Introductory Period End Date shown 
in the “Interest Rates and Interest Charges” 
section of the Pricing Appendix.
If your Account does not have an Introductory 
APR for Purchases or Cash Advances, or after 
the Introductory Period End Date, your APRs 
and Daily Periodic Rates (DPRs) will vary. 
The APR for Purchases and the APR for Cash 
Advances will be determined by adding, as 
applicable, the Purchase Margin or the Cash 
Advance Margin shown in the “Variable Rate 
Information” section of the Pricing Appendix 
to the Prime Rate. The DPR is 1/365th of the 
corresponding APR. However, the APRs for 
Purchases and Cash Advances will never 
be greater than the lesser of the applicable 
Purchase or Cash Advance APR Cap shown 
in the “Variable Rate Information” section of 
the Pricing Appendix or the maximum rate 
permitted by applicable law. The “Interest 
Rates and Interest Charges” section of the 
Pricing Appendix includes the APRs and 
“Daily Periodic Rates” section of the Pricing 
Appendix includes DPRs for Purchases and 
Cash Advances as of the date indicated in 
the Pricing Appendix. Any changes in your 
APRs and DPRs resulting from a change in 
the Prime Rate during a Billing Cycle will take 
effect as of the first day of the Billing Cycle. 
An increase in the Prime Rate may result in 
an increase in the amount of interest charged, 
the Minimum Payment or both.
7. Paying Interest. Your Payment Due Date is 
at least 25 days after the close of each Billing 
Cycle. We will not charge you any interest on 
Purchases if you pay your entire New Balance 
by the Payment Due Date each month. We will 
begin charging interest on Cash Advances on 
the transaction date. If you carry a balance 
from month to month you may see interest 
charged on your next statement even if you 
pay the New Balance in full on time and 
make no new charges. This interest is called 
“trailing interest.” Trailing interest is the 
interest charged (if any) on your balance from 
your last statement date to the date you paid 
in full.
8. About Other Interest Charges and Fees. 
You agree to pay the following additional 
interest charges and fees (if applicable to 
your Account) in the amounts set forth in the 
“Fees” section of the Pricing Appendix.
a. Account Set-up Fee. If applicable, an 
Account Set-up Fee will be charged to your 
Account when the Account is opened.
b. Annual Fee. If the Pricing Appendix includes 
an Annual Fee, your Account will be charged 
an Annual Fee as described in the “About 
Annual Fees” section of this Agreement.
c. Cash Advance Transaction Fee. A Cash 
Advance Transaction Fee will be charged  
to your Account each time you obtain a  
Cash Advance.
d. Copying Fee. Your Account will be charged 
$2 for each page of any copy of a Billing 
Statement, sales slip or payment copy that 
the Bank produces at your request, unless 
the copies are produced to resolve a reported 
billing error under the Fair Credit Billing Act.
e. Foreign Currency Transaction Fee. For 
each Purchase or Cash Advance made in 
a foreign currency, we add an additional 
fee of 2% of the amount of the Purchase or 
Cash Advance after its conversion into U.S. 
Dollars, as described in the “Foreign Currency 
Transactions” section of this Agreement.
f. Late Payment Fee. Your Account will be 
charged a Late Payment Fee if you have 
not paid the Minimum Payment on a Billing 
Statement by the Payment Due Date.
g. Minimum Interest Charge. In any Billing 
Cycle in which your Account has a balance, 
you were not charged a Cash Advance 
Transaction Fee and the total interest charged 
for that Billing Cycle would otherwise be less 
than $1, a Minimum Interest Charge will be 
charged to your Account.
h. Expedited Phone Payment Fee. If you 
wish expedited service for transmittal of 
a payment, you may request to make a 
phone payment using a customer service 
representative for which you will be charged 
a fee. The amount of the fee will be disclosed 
prior to fulfilling your request.

i. Replacement Card Fee. Your Account may be 
charged a fee for each replacement Card or 
PIN you request, no matter what the reason, 
or if your Card or PIN is lost or stolen.
j. Returned Payment Fee.  A Returned 
Payment Fee will be charged to your Account 
if for any reason a check, draft or similar 
instrument is not honored or cannot be 
processed, or if an EFT or electronic debit 
is returned unpaid or cannot be processed, 
even if the item is later honored or paid 
following resubmission. Subject to applicable 
law and network rules, you authorize us 
to resubmit returned payments (including 
without limitation through electronic collection 
methods) at our discretion.
k. Fees for Other Services. We may charge 
other fees to your Account for services 
associated with your Account that you 
request. You may decline the services before 
the fees are charged.
l. Over Limit Fee. If the law permits, we will 
charge an Over Limit Fee as set forth in the 
Pricing Appendix. We are not obligated to 
approve any over the limit transaction. If 
any amount set forth in the Pricing Appendix 
exceeds the maximum permitted by  
applicable law, we will follow the law as to 
such fee or charge.
9. About Annual Fees. If your Card is subject 
to an Annual Fee, but you have not yet used 
your Card to make a Purchase or to obtain a 
Cash Advance, you may cancel your Account 
within 90 days of receiving the Card by 
calling (800) 204-5936 or by writing to us at 
Merrick Bank, P.O. Box 9201, Old Bethpage, 
NY 11804-9001. If we receive your request 
to cancel within 90 days of your receipt of 
the Card, you will not be responsible for the 
Annual Fee if you have not previously used 
the Card or the Account. Otherwise, you must 
pay the Annual Fee.
If you obtain an additional Card, the amount 
of the Annual Fee will be increased by the 
Additional Card Fee described in the Pricing 
Appendix. Both the Annual Fee and the 
Additional Card Fee must be paid for each 
year (or part thereof) when the Account is 
open, whether or not the Card is used during 
the year and whether or not there is a balance 
on the Card. Payment of the Annual Fee 
does not assure you of good standing on the 
Account, does not affect our right to change 
the terms of this Agreement and does not 
affect our right to decline authorization of any 
Purchase or Cash Advance. If the Account is 
closed but with an unpaid balance, the Annual 
Fee and Additional Card Fee must be paid for 
each year (or part thereof) when there is a 
balance greater than zero on the Account.
After the first year you have the Card, we  
may in our discretion choose to bill the  
Annual Fee and the Additional Card Fee in  
12 monthly installments.
10. About the Credit Limits on the 
Account. The Bank has established a total 
credit limit and a Cash Advance credit limit 
on the Account. Your Cash Advance credit 
limit is a portion of your total credit limit. 
Any transaction that might exceed one of 
these credit limits may be declined at our 
sole discretion. We may also opt, in our sole 
discretion, to approve or decline any portion 
of a requested transaction. These credit limits 
may be reduced at any time without warning 
or notice to you, at any time, during any  
Billing Cycle.
Subject to our review and approval, you 
may, if your Account is secured or partially 
secured, increase your credit limit by making 
additional deposits into the Deposit Account. 
Any such additional deposits must be at least 
$50, and without our express written approval 
the balance in the Deposit Account may not 
exceed an amount that, together with any 
unsecured credit available to you through your 
Account, would cause your total credit limit to 
exceed $10,000.
Certain transactions or combinations of 
transactions may cause your Account 
Balance or your Cash Advance balance to 
reach or exceed credit limits, and as a result 
authorization for certain Purchases or Cash 
Advances may be declined. For example, even 
if we have posted a payment or credit to the 
Account, we still may in our sole discretion 
decline to permit use of a portion of the credit 
limit equal to the amount of the payment or 
credit for up to eleven days from the date 
posted. Additionally, certain merchants (such 
as hotels or rental car agencies) as a matter 
of policy will process charges in a manner 
resulting in a temporary restriction of the 
use of a portion of the credit limit that is 
substantially greater than the actual amount 
of the charge. Please inquire of the merchant 
before using the Card to determine whether 
the merchant follows such a policy.
11. Foreign Currency Transactions. 
Purchases and Cash Advances made in 
currencies other than U.S. Dollars will be 
converted to U.S. Dollars under the operating 
regulations or foreign currency conversion 
procedures established by Visa or MasterCard 
then in effect. Conversion to U.S. Dollars 
may occur several days or weeks after 
the transaction; therefore, the currency 
conversion rate may be significantly different 
from the rate in effect at the time of the 
transaction. We do not determine the currency 
conversion rate that is used, and it may be 
significantly less favorable to you than a rate 
you could obtain in a cash transaction. You 
agree to pay the converted amount.
12. What Purchases and Cash Advances 
Are Not Allowed. We may, in our sole 
discretion, deny authorization for any 
requested Purchase or Cash Advance. 
You may not use the Account or the Card 
for business or commercial purposes; the 
Account and the Card may be used for 
consumer purposes only.
You may not use the Account or the Card to 
make payments on the Account or anyone 
else’s account with us.
You may not use the Account or the Card for 
anything we deem unlawful gambling activity.
You may not use the Account or the Card 
to purchase illegal items, to commit fraud, 
to harm anyone or to engage in any other 
activity prohibited by law.
You may not use the Account or the Card to 
make Purchases that exceed your available 
credit limit.
You may not use the Account or the Card 
to obtain Cash Advances that exceed your 
available credit limit or available Cash 
Advance credit limit.
You may not use the Card, make any 
Purchases or request any Cash Advances 
when you or any other person obligated on 
the Account is insolvent or after a bankruptcy 
petition has been filed. If you use or permit 
someone else to use the Account or the 
Card for a prohibited, improper or unlawful 
purpose, or use or permit use of the Account 
or the Card at a time when such use is not 
permitted, you will be responsible for all 
charges relating to such use, to the maximum 
degree permissible by law. You also will be 
responsible for all additional amounts or 
expenses the Bank, Visa or MasterCard might 
pay as a result of such use, such as if the 
Bank, Visa or MasterCard is sued in regard 
to your use of the Account or the Card. It is 
your responsibility to determine whether 
your transactions or those that you permit 
someone else to make are lawful. The Bank, 
Visa and MasterCard are not responsible, 
either separately or together, for determining 
the legality of any transaction.
13. Closing the Account. We may close the 
Account at any time for any reason (or no 
reason) and without prior notice. You may 
close the Account at any time. Authorized 
users of the Account other than you may not 
close the Account. All amounts due on the 
Account pursuant to this Agreement must be 
paid, even if the Account is closed (no matter 
by whom) or charging privileges have been 
reduced, restricted or suspended. We may 
suspend charging privileges at any time and 
for any reason (or no reason) without warning 
or notice to you. This may, for example, occur 
if you fail to comply with any provision of the 
Agreement, if we in our sole discretion believe 
our likelihood of being repaid is diminished or 
impaired, or if overall credit market conditions 
make it infeasible or more costly to extend 
credit to you.
In determining your continuing 
creditworthiness, the Bank, in its discretion, 
may consider, among other things, the total 
amount of debt you are carrying compared 
to your resources or any other of your 
credit characteristics, regardless of your 
performance on the Account.
14. About Excess Payments and Credits. If 
payments and credits posted to the Account 

exceed what you owe, you will have a credit 
balance with us, which may be offset against 
future Purchases or Cash Advances. If a credit 
balance persists, we will mail a check to you 
for the amount of the credit balance within the 
time frame required by applicable law. If we 
are unable to locate you, any credit balance 
in your Account will be escheated pursuant to 
applicable law.
15. About Credit Reporting. You authorize 
us to request consumer reports (also 
known as credit reports) including periodic 
updates about you, to make whatever credit 
investigations we deem appropriate, to obtain 
and exchange any information we may 
receive from consumer reports and other 
sources and to use such information for any 
purpose (including to reduce credit limits, to 
restrict or suspend charging privileges or to 
close the Account). You also authorize us to 
furnish information concerning your Account 
and your performance under this Agreement 
to consumer reporting agencies (credit 
bureaus) or to others, but you acknowledge 
that we are under no duty to do so. If you 
believe information we have furnished 
about your Account to a consumer reporting 
agency is inaccurate, you should contact the 
appropriate reporting agency to request that 
it investigate the possible inaccuracy. You 
may also write to us at Merrick Bank, P.O. Box 
9201, Old Bethpage, NY 11804-9001 and 
identify the specific information you believe is 
inaccurate. WE MAY REPORT INFORMATION 
ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. 
LATE PAYMENTS, MISSED PAYMENTS, OR 
OTHER DEFAULTS ON YOUR ACCOUNT MAY BE 
REFLECTED IN YOUR CREDIT REPORT.
16. The Deposit Account and Security 
Agreement (If Applicable). If the Account 
was approved on condition of its being 
secured or partially secured, the following 
rules apply: (i) you agree to create a Deposit 
Account, which you shall maintain with us 
and cause to remain unencumbered, except 
for the security interest granted to the Bank 
pursuant to this Agreement (for example, you 
shall not allow the Deposit Account to become 
subject to any nonconsensual lien, judgment, 
attachment or execution); and (ii) we do 
not allow any withdrawal from the Deposit 
Account until the Account is closed and any 
outstanding Account balance is paid in full.
YOU HEREBY GRANT TO THE BANK A FIRST 
PRIORITY SECURITY INTEREST IN THE 
DEPOSIT ACCOUNT, ANY ADDITIONS TO THE 
DEPOSIT ACCOUNT AND ANY PROCEEDS 
OF THE DEPOSIT ACCOUNT TO SECURE 
PERFORMANCE BY YOU OF ALL OF YOUR 
OBLIGATIONS WITH RESPECT TO THE 
ACCOUNT AND UNDER THIS AGREEMENT, 
INCLUDING, WITHOUT LIMITATION, THE 
OBLIGATION TO MAKE PAYMENTS TO THE 
BANK AS DESCRIBED HEREIN.
If the Account is closed by you or us for any 
reason, you authorize us to apply all or any 
part of the funds in the Deposit Account to 
reduce all amounts owed on the Account 
and any other outstanding obligation owed 
to the Bank, including, without limitation, any 
part of your outstanding Account balance in 
connection with which any claim under a 
credit insurance policy or debt cancellation 
program is pending. The application of any 
funds from your Deposit Account will be a 
credit adjustment to your Account balance 
and will not be treated as a payment. If we 
elect not to, or otherwise fail to apply funds in 
the Deposit Account against amounts owed 
on the Account or on any other outstanding 
obligation owed to the Bank, you agree that: 
(1) we do not thereby waive any right we have 
to do so at any later date, and may so apply 
such funds at any time, in our sole discretion; 
and (2) you are not thereby excused from 
the performance of any obligation owing 
with respect to the Account or otherwise 
under this Agreement. If, however, (A) the 
Account is closed by you or by us for any 
reason, and (B) we fail to apply the funds in 
the Deposit Account against amounts owed 
on the Account or otherwise to us, you may 
request, in writing, that we apply the funds in 
the Deposit Account against such amounts. 
We will honor any such written request within 
five business days after we receive it at 
Merrick Bank, P.O. Box 9201, Old Bethpage, 
NY 11804-9001. If the amount in the Deposit 
Account exceeds the amount you owe the 
Bank, then, unless you instruct us otherwise, 
we will handle the funds remaining in the 
Deposit Account in accordance with the terms 
of the following paragraph.
After the Account has been closed and 
there are no amounts owing in connection 
therewith or otherwise under this Agreement, 
we can hold the funds in the Deposit Account 
until the earlier of the following: (1) we elect, 
in our discretion, to close the Deposit Account 
and return any remaining funds to you; or (2) 
not more than 90 days after we receive from 
you a written request to return any funds 
remaining in the Deposit Account.
17. Additional Deposit Account and 
Security Agreement Disclosures. If you 
have a Deposit Account, the following  
shall apply:
a. Interest Rate. Interest will not be paid on 
your Deposit Account.
b. Minimum Balance to Open and Maintain 
the Deposit Account. You must initially deposit, 
and at all times maintain, a deposit amount 
that is defined on the application unless we 
specifically agree otherwise with you. If you 
do not, we either will not open the Account or 
we may terminate the Account. We reserve 
the right to refuse to accept any deposit into 
the Deposit Account.
c. Subsequent Deposits. Subsequent  
deposits into your Deposit Account must be 
at least $50.
d. Transaction Limitations. You may not 
withdraw or transfer funds from the Deposit 
Account, except as otherwise set forth in this 
Agreement. Funds may not be used to make 
a payment. Funds from a closed Deposit 
Account will be returned in accordance with 
the section above titled “The Deposit Account 
and Security Agreement.”
e. Fees. A Returned Payment Fee, as shown 
in the “Fees” section of the Pricing Appendix, 
will be charged for each check or other item 
submitted as a deposit to the Deposit Account 
that is returned or rejected for any reason, 
including insufficient funds.
f. Statements. Information about the Deposit 
Account will appear on each Billing Statement 
that we send you.
18. Third-Party Features, Services or 
Benefits. If your Card includes a rewards 
program, you acknowledge and agree that 
third-parties may be responsible to fulfill any 
merchandise, rewards or other redemptions, 
and that any such rewards program will be 
governed by separate terms and conditions 
provided to you prior to participation in the 
program. From time to time your Card may 
include various additional features, services 
and enhancements, including common carrier 
travel insurance, credit card registration for 
lost or stolen credit cards, and emergency 
cash services that may be provided by 
third-parties. The Bank reserves the right to 
adjust, add or delete benefits and services at 
any time.
19. You Must Read Your Billing Statement 
Carefully as Soon as You Receive It. You 
must read your Billing Statement as soon 
as you receive it. You must review all of it 
carefully, including information regarding your 
Deposit Account, if any. If there is an error on 
your Billing Statement and you do not advise 
the Bank of that error within 60 days after the 
Bank mails the Billing Statement to you, you 
will be bound by what the Billing Statement 
shows. You should also read carefully the 
billing dispute information provided in the 
section below titled “Your Billing Rights Under 
the Fair Credit Billing Act.”
20. Protecting the Account From Fraud. 
Help to prevent fraud before it occurs. Call 
us immediately at (877) 727-6881 if you 
lose the Card, if it is stolen or if you suspect 
any fraudulent use. Reading your Billing 
Statement as soon as you receive it and 
reviewing transactions at www.merrickbank.
com/cardholdercenter are ways to help 
prevent fraud. You will not be responsible for 
any unauthorized Purchases with the Card 
occurring after we receive notice of its loss or 
theft. Even if the Purchases occur before we 
receive notice of its loss or theft, you will not 
be responsible for them so long as: (1) you 
promptly gave us notice of the loss or theft; and 
(2) the transactions were processed by Visa or 
MasterCard. We take Card theft and fraud very 
seriously, and you agree to cooperate with our 
investigation and further agree to assign to 
us any claims you may have against any third 
party related to theft, fraud or unauthorized use.

21. Your Billing Rights Under the Fair Credit 
Billing Act.
Your Billing Rights: Keep This Document 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 
statement, write to us at:
Merrick Bank 
P.O. Box 9201 
Old Bethpage, NY 
11804-9001
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 limit.

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.  You must have used your credit card 

for the purchase. Purchases made with 
cash advances from an ATM or with a 
check that accesses your credit card 
account do not qualify.

3.  You must not yet have fully paid for  

the purchase.

If all of the criteria above are met and you are 
still dissatisfied with the purchase, contact us 
in writing at:
Merrick Bank 
P.O. Box 9201 
Old Bethpage, NY 
11804-9001
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.
22. How We May Contact You to Discuss 
the Account. We may use automated 
telephone dialing, text messaging systems 
and electronic mail to provide messages 
to you about scheduled payments, missed 
payments and other important information 
regarding this Agreement or your relationship 
with us, and your consent to our contacting 
you using those means is partial consideration 
for our willingness to extend credit to you. 
The telephone messages may be played by 
a machine automatically when the telephone 
is answered, whether answered by you or 
someone else. These messages may also 
be recorded by your answering machine. 
You give us your permission to call or send a 
text message to any telephone number you 
have given us or you give to us in the future 
and to play pre-recorded messages or send 
text messages with information about the 
Agreement over the phone. You also give us 
permission to communicate such information 
to you by email. You understand that, when 
you receive such calls, texts, or emails, you 
may incur a charge from the company that 
provides you with telecommunications, 
wireless and/or internet services. You agree 
that we will not be liable to you for any fees, 
inconvenience, annoyance or loss of privacy 
in connection with such calls, texts, or emails. 
You understand that anyone with access to 
your telephone or email account may listen 
to or read the messages, notwithstanding 
our efforts to communicate only with you. If 
a telephone number(s) you have provided to 
us changes, or if you cease to be the owner, 
subscriber or primary user of such telephone 
number(s), you agree to immediately give us 
notice of such facts so that we may update 
our records. You agree that we may refuse 
to authorize Purchases or Cash Advances 
or close your Account if we are unable or 
unauthorized to contact you by telephone.
If you do not wish for us to use some 
particular manner of contacting you, you must 
notify us. However, we are required by law 
to send you Billing Statements even if you 
request that we stop doing so.
If you advise us that you are represented by 
an attorney, you must provide the attorney’s 
name, address and telephone number; if 
you do not provide the attorney’s contact 
information, we may contact you to confirm 
the representation and obtain the attorney’s 
contact information. If the attorney does not 
confirm in writing to us within 45 days after 
we contact the attorney that you are his or 
her client, then we will assume that you are 
no longer represented by the attorney and 
we may communicate with you directly. 
Additionally, if any 45-day period passes 
where your attorney does not respond to 
communications from us, we will assume that 
you are no longer represented by the attorney 
and we may communicate with you directly.

You recognize that there is an established 
business relationship between you and us. 
Contacts with you about your Account are  
not unsolicited and might result from 
information we obtain from you or others. 
If you ask us to discuss your Account with 
someone else, you must provide us with 
documents that we ask for and that are 
acceptable to us in our sole discretion.
You agree that we may, in our sole discretion, 
monitor or record telephone calls with you, 
regardless of who initiates the call. We may 
at our discretion preserve records of written, 
voice and electronic communications with 
you, but we do not promise to maintain such 
records for any period of time.
You agree that we may, in our sole discretion, 
engage the services of an unrelated third 
party for the purpose of providing alternative 
format materials for persons who are  
visually impaired or providing language 
translation services.
23. Where We Are and How You May 
Contact Us. We are located in Utah, and the 
Account is opened and maintained there. 
Our customer service telephone number is 
(800) 204-5936. Payments should be sent to 
the payment address indicated on the Billing 
Statement. Any general questions about your 
Account or the Card, as well as any questions 
or disputes of any item on a Billing Statement, 
should be mailed to: Merrick Bank, P.O. Box 
9201, Old Bethpage, NY 11804-9001. All 
communications relating to the Arbitration 
Agreement should be mailed to: Arbitration 
Manager, Merrick Bank, Legal Department, 
P.O. Box 5000, Draper, Utah 84020-5000. 
Communicating with us at any other address 
will not protect your rights.
24. Agreement to Arbitrate Disputes and 
Class Action Waiver. 
The following “Agreement to Arbitrate 
Disputes and Class Action Waiver” does not 
apply to “Covered Borrowers” under the 
Military Lending Act.
This section is an agreement to arbitrate 
disputes (“Arbitration Agreement”) that may 
arise as a result of the Agreement or your 
Account. Read this Arbitration Agreement 
carefully. You may reject this Arbitration 
Agreement by notifying us in writing within 
60 days using the procedure set forth at the 
end of this section. If a dispute arises that is 
covered by this Arbitration Agreement, you 
will be required to resolve the dispute through 
Binding Arbitration if you or we request 
Binding Arbitration as set forth herein. This 
means that you will not be able to have the 
dispute settled by trial or before a jury or to 
participate in a class action in court or a class 
action or consolidated arbitration. Other rights 
that you would have if you went to court may 
not be available or may be more limited in 
arbitration, including your right to appeal.
In consideration for our willingness to provide 
you with an Account as set forth in the 
Agreement, you and we agree as follows:
Any claim, dispute or controversy (“Claim”) 
by either you or us against the other arising 
from or relating in any way to the Cardholder 
Agreement or your Account, except for 
disputes concerning the validity, scope or 
enforceability of this Arbitration Agreement 
(which are for a court to decide), shall, at the 
demand of any party, be resolved by Binding 
Arbitration. However, we will not demand 
arbitration pursuant to this agreement to 
arbitrate in connection with any individual 
Claim that you properly file and pursue 
in a small-claims court of your state or 
municipality, so long as the Claim is pending 
only in that court. “Binding Arbitration” means 
an arbitration proceeding before the American 
Arbitration Association (“AAA”) pursuant to 
the code of procedures of the AAA in effect 
at the time the Claim is filed (the “Arbitration 
Rules”). If the AAA is unable or unwilling to 
serve, and we cannot agree on a replacement, 
a court with jurisdiction shall select the 
arbitrator. Any arbitration proceeding will 
take place at a location within the federal 
judicial district that includes the most recent 
U.S. Mail address we have on file for you at 
the time the Claim is filed or at any other 
mutually acceptable location. Any party to the 
arbitration proceeding may enter judgment 
upon the arbitration award in any court having 
jurisdiction over the arbitration award and 
may have that judgment enforced by any 
court having jurisdiction over that judgment. 
A demand for arbitration under this 
agreement to arbitrate may be made either 
before or after a lawsuit or other legal 
proceeding begins, and may be made in 
papers filed in the lawsuit (for example, a 
motion by the defendant to compel arbitration 
of claims asserted by the plaintiff in a lawsuit 
filed in court). However, any demand for 
arbitration that is made after a lawsuit or 
other legal proceeding has begun must be 
made within 90 days following the service 
of a complaint, third-party complaint, cross-
claim or counterclaim or any answer thereto 
or any amendment to any of the above. If a 
party files a lawsuit in court asserting Claim(s) 
that are subject to arbitration and the other 
party files a motion to compel arbitration 
with the court which is granted, it will be 
the responsibility of the party asserting the 
Claim(s) to start the arbitration proceeding 
in accordance with the AAA’s rules and 
procedures. Even if all parties have opted 
to litigate a Claim in court, you or we may 
demand arbitration with respect to any Claim 
made by a new party or any Claim later 
asserted by a party in that or any related or 
unrelated lawsuit (including a Claim initially 
asserted on an individual basis but modified 
to be asserted on a class, representative or 
multi-party basis). Nothing in that litigation 
shall constitute a waiver of any rights under 
this Arbitration Agreement.
This agreement to arbitrate Claims shall 
be broadly construed and includes all 
controversies and claims of any kind between 
us. It also includes any disputes you have 
with our agents, contractors, employees, 
officers or assignees, any merchants with 
whom you use the Account, any credit 
reporting agencies to whom we report the 
Account or any other third party that has 
been involved or becomes involved with, or 
whose trademarks are used in connection 
with, any purchasing, marketing, soliciting, 
servicing or credit reporting activity relating 
to your Account. Moreover, it includes initial 
claims, counterclaims, cross-claims, third-
party claims and federal, state, local and 
administrative claims and claims which arose 
before the effective date of this Arbitration 
Agreement. It also includes disputes based 
upon contract, tort, consumer rights, fraud 
and other intentional torts, constitution, 
statute, regulation, ordinance, common law 
and equity and claims for money damages 
and injunctive or declaratory relief.
The Claims covered by this agreement to 
arbitrate include, without limitation:
  •  Any disputes regarding: the application 
you prepared in connection with the 
issuance of your Account; any solicitation 
or advertising materials you received 
in connection with your Account; any 
activities relating to the maintenance  
or servicing of your Account; and any 
funds held by the Bank in connection 
with your Account;

  •  Any disputes arising from the collection 
of amounts you owe in connection with 
your Account or the manner of collection;

  •  Any disputes concerning the dollar 
amount of payments made or 
transactions posted to your Account;
  •  Any disputes concerning the processing 
of items or funds transfers sent to the 
Bank for the purpose of posting to  
your Account;

  •   Any disputes regarding information 

obtained by us from, or reported by us to, 
credit bureaus or others;

  •  Any disputes related to insurance or 
other services or products purchased 
from us in connection with your Account;
  •  Any disputes regarding communications 
involving telephones, automatic dialing 
systems, artificial or prerecorded voice 
messages, SMS text messages or 
facsimile machines; and
  •  Any disputes concerning the 

relationships resulting from this 
Cardholder Agreement, your Account or 
any of the foregoing.
CLASS ACTION WAIVER: NO 
ARBITRATOR OR COURT MAY ORDER, 
PERMIT OR CERTIFY A CLASS ACTION, 
REPRESENTATIVE ACTION, PRIVATE 
ATTORNEY GENERAL LITIGATION OR 
CONSOLIDATED ARBITRATION IN 
CONNECTION WITH THIS AGREEMENT TO 
ARBITRATE. NO ARBITRATOR OR COURT 
MAY ORDER OR PERMIT A JOINDER OF 

PARTIES IN CONNECTION WITH THIS 
AGREEMENT TO ARBITRATE, EXCEPT 
FOR JOINDER OF ANY JOINT APPLICANT 
OR OTHER AUTHORIZED USER OF THE 
ACCOUNT, UNLESS BOTH YOU AND WE 
CONSENT TO SUCH JOINDER IN WRITING. 
BY ACCEPTING THIS ARBITRATION 
AGREEMENT, YOU AGREE TO WAIVE THE 
RIGHT TO INITIATE OR PARTICIPATE IN A 
CLASS ACTION, REPRESENTATIVE ACTION, 
PRIVATE ATTORNEY GENERAL LITIGATION 
OR CONSOLIDATED ARBITRATION RELATED 
TO THIS AGREEMENT OR YOUR ACCOUNT.
JURY TRIAL WAIVER: IF YOU OR WE ELECT 
TO ARBITRATE A CLAIM, YOU AND WE 
BOTH KNOWINGLY AND VOLUNTARILY 
WAIVE THE RIGHT TO HAVE A COURT OR 
JURY DECIDE THE CLAIM.
The arbitrator will be required to follow 
relevant substantive law consistent with the 
Federal Arbitration Act (“FAA”) and applicable 
judicial precedent to arrive at a decision and 
shall be empowered to grant whatever relief 
would be available in court in an action for 
an individual Claim. Any award of punitive 
damages shall be subject to the constitutional 
limits that would apply in court. Where 
authorized by applicable law, the arbitrator’s 
award may include attorneys’ fees and other 
expenses. The arbitrator shall follow any 
applicable statute of limitations and  
privilege rules.
You and we both agree that the transactions 
subject to this agreement to arbitrate involve 
interstate commerce and that this agreement 
to arbitrate shall be governed by and 
enforceable under the Federal Arbitration Act, 
9 U.S.C. §§ 1 et seq.
The cost of any arbitration proceeding shall be 
divided as follows:
  •  If you initiate arbitration, you will be 

responsible for paying one half of  
the filing fee, or $125, whichever is 
less, when the demand for arbitration 
is made.

  •  If we initiate arbitration, we will  
be responsible for paying all  
arbitration costs.

  •  Regardless of who initiates the 

arbitration, you will not be responsible 
for any arbitration fees that exceed one 
half of the filing fee, or $125, whichever 
is less, or the fees that you would have 
incurred if the Claim had been brought  
in court.

Notwithstanding the foregoing, if you 
believe the cost of arbitration may be too 
burdensome, you may seek a waiver of the 
filing fee under the applicable Arbitration 
Rules. If you seek, but do not qualify for such 
a waiver, we will consider a written request 
from you to advance all or part of the filing 
fee. Each party is responsible for the fees of 
its attorneys, experts, and witnesses unless 
the arbitrator awards them to a party. We will 
always pay any fees or expenses that we 
are required to pay by law or the Arbitration 
Rules or that we are required to pay for this 
Arbitration Agreement to be enforced.
The arbitrator’s decision shall become final 
and binding after 30 days unless any party 
to the arbitration takes an appeal from the 
decision by making a written request to the 
AAA. The appeal panel, which will consist of 
three arbitrators, will consider all factual and 
legal issues anew, will conduct the appeal 
in the same manner as the initial arbitration, 
and will make decisions based on the vote 
of the majority. We will advance any fees and 
costs required by the AAA to commence any 
appeal and the appealing party will pay the 
arbitrator’s fee. The appeal panel’s decision 
shall be final and binding, except for any 
appeal rights provided by the FAA.
In the event of a conflict between the 
Arbitration Rules or the Cardholder 
Agreement, on the one hand, and this 
Arbitration Agreement on the other hand, 
this Arbitration Agreement shall govern. 
This Arbitration Agreement shall survive 
the closing or termination of your Account, 
voluntary payment of your Account or 
any part of it, any legal proceedings to 
collect money you owe, any bankruptcy 
by you and any sale or assignment by 
us of your Account. If any portion of this 
Arbitration Agreement is deemed invalid 
or unenforceable, the remaining portions 
shall nevertheless remain in force, except 
that: (A) If a determination is made that the 
Class Action Waiver is unenforceable, only 
this sentence of the Arbitration Agreement 
will remain in force and the remaining 
provisions shall be null and void, provided 
that the determination concerning the Class 
Action Waiver shall be subject to appeal and 
the parties acknowledge and agree that 
under no circumstances will a class action 
be arbitrated; and (B) If a Claim is brought 
seeking public injunctive relief and a court 
determines that the restrictions in the Class 
Action Waiver or elsewhere in this Arbitration 
Agreement prohibiting the arbitrator from 
awarding relief on behalf of third parties are 
unenforceable with respect to such Claim 
(and that determination becomes final after 
all appeals have been exhausted), the Claim 
for public injunctive relief will be determined 
in court and any individual Claims seeking 
monetary relief will be arbitrated.  In such a 
case the parties will request that the court 
stay the Claim for public injunctive relief  
until the arbitration award pertaining to 
individual relief has been entered in court.  
In no event will a Claim for public injunctive 
relief be arbitrated.
You may contact the AAA to obtain information 
about arbitration, arbitration procedures and 
fees by calling the telephone number or going 
to the Internet website indicated below:
American Arbitration Association 
120 Broadway, 11th Floor 
New York, NY 10271 
800-778-7879 
www.adr.org
RIGHT TO REJECT ARBITRATION
YOU HAVE THE RIGHT TO REJECT THIS 
AGREEMENT TO ARBITRATE, BUT YOU 
MUST EXERCISE THIS RIGHT PROMPTLY. 
If you do not wish to be bound by this 
agreement to arbitrate, you must notify 
us in writing within sixty (60) days after 
the date your Account is opened. You 
must send your request to: Arbitration 
Manager, Merrick Bank, Legal Department, 
P.O. Box 5000, Draper, Utah 84020-5000. 
The request must include your 16-digit 
Account number and a clear statement 
of your intent, such as “I reject the 
arbitration clause in the Merrick Bank Visa 
or MasterCard Cardholder Agreement.” 
Your election to reject arbitration will not 
affect the other terms of your Account, nor 
will we close the Account as a result of 
your election to reject arbitration.
25. Third-Party Legal Process Against 
the Account or the Deposit Account. We 
will comply with any notice of garnishment, 
attachment, tax levy, injunction, restraining 
order, subpoena or other legal process 
relating to the Account or the Deposit Account 
that, in our sole judgment, appears to be 
valid. If your Account or Deposit Account 
becomes involved or subject to any legal 
or administrative proceeding, and we are 
ordered or required to take any action relative 
to your Account or Deposit Account that is 
inconsistent with the terms of this Agreement, 
the terms of such order or requirement shall 
supersede and replace the terms of this 
Agreement. You agree to pay all of our costs 
and expenses associated with responding 
to any matter described in this paragraph, 
including our attorneys’ fees.
26. Utah and Federal Law Apply to the 
Account. This Agreement and all matters 
relating to the Card or the Account, as well 
as any disputes between us and you, shall be 
subject to and governed by federal law and 
the internal laws of the State of Utah without 
regard to rules concerning conflicts of law or 
choice of law.
27. Jurisdiction, Venue and Service of 
Process. You acknowledge that you applied 
for credit from a bank located in Utah and by 
using the card are borrowing money from a 
bank located in Utah. You acknowledge and 
agree that we may enforce this Agreement 
and resolve any disputes, for which arbitration 
is not demanded in accordance with the 
Arbitration Agreement, in courts located in 
Salt Lake County, Utah, and that such courts 
have proper jurisdiction to hear any matters 
related to this Agreement. You agree that we 
may serve process upon you using certified 
mail from the United States Postal Service 
or any other courier service, and you hereby 
acknowledge that the signature of any person 
found at your residence or other address on 
such mailing receipt will serve as satisfactory 
proof that process was served upon you and 
shall be deemed notice to you thereof.

28. We May Assign the Agreement but You  
May Not. You may not sell, assign, or 
otherwise transfer this Agreement, the 
Card, the Deposit Account or the Account, 
or any portion thereof, without the express 
written consent of the Bank. The Bank may 
sell, assign, or transfer this Agreement or 
the Account or the Deposit Account, or any 
portion thereof or any rights to collect money 
thereunder, at any time and without your  
prior consent.
29. We Do Not Waive Our Rights Through 
Inaction or Delay. The Bank’s failure to 
exercise (or delay in exercising) any of its 
rights under this Agreement or its waiver of 
its rights on any one or more occasions shall 
not constitute a waiver of such rights on any 
other occasion. All rights and remedies of the 
Bank are cumulative and may be pursued 
singularly, successively or together, at its  
sole option.
30. Severability. Except as set forth in 
the Arbitration Agreement, if any portion 
of this Agreement is deemed invalid or 
unenforceable, the remaining portions shall 
nevertheless remain in force.
31. The Agreement Is an Integrated 
Agreement. This document, together with the 
Pricing Appendix and any change-in-terms 
notices we send to you, constitute the final 
written expression of the Agreement between 
you and the Bank concerning the Card, the 
Account and the Deposit Account, and this 
Agreement may not be contradicted by 
evidence of any alleged oral agreement.
32. Glossary and Definitions. The following 
definitions apply throughout your Agreement.
“Account” means the credit card account 
governed by this Agreement. The Account  
was created in and is maintained within the 
State of Utah.
“Account Balance” means what you owe the 
Bank at a particular moment in time, including 
all billed and accrued interest, based upon 
transactions that have posted by that time. 
The balance information you receive over 
the telephone or online from us may not be 
your payoff balance due to possible delays 
in posting or calculation, or due to fees or 
interest incurred or to be incurred, or for  
other reasons.
“Annual Fee” means the annual fee, if 
any, described in the Pricing Appendix and 
elsewhere in this Agreement.
“Additional Card Fee” means the additional 
fee, described in the Pricing Appendix, that 
must be paid annually for each additional 
Card provided to you, a co-applicant or an 
authorized user of the Account.
“Agreement” means this document and the 
Pricing Appendix, together with any changes 
in terms.
“Annual Percentage Rate” or “APR” is the 
interest rate stated as a yearly rate. As set 
forth in the Pricing Appendix, different APRs 
will apply to Purchases and Cash Advances.
“Arbitration Agreement” means the section 
of this Agreement entitled “Agreement to 
Arbitrate Disputes and Class Action Waiver.”
“ATM” means automated teller machine.
“Average Daily Balance” means the average 
of the daily balances on your Account during 
a Billing Cycle.
“Bank,” “Merrick Bank,” “we,” “our” and “us” 
mean Merrick Bank Corporation.
“Billing Cycle” means the interval between 
the closing dates for each successive  
Billing Statement.
“Billing Statement” means the statement 
of transactions, fees and charges that you 
receive for your Account each month. We 
are under no obligation to send you a Billing 
Statement if your Account Balance is zero and 
if you have no transactions on the Account 
during the Billing Cycle.
“Card” means the plastic card(s) we have 
provided to you to make charges to the 
Account, as well as any additional, renewal, 
replacement or temporary card and any other 
device or technology which may be used to 
make charges to the Account or to evidence 
its existence.
“Cash Advance” means a transaction with 
the Card wherein you receive cash or a cash 
equivalent, or wherein we provide cash or a 
cash equivalent to someone at your direction. 
Examples of Cash Advance transactions 
include ATM transactions, transactions made 
at another bank, balance transfers, money 
transfers, money order purchases, tax 
payments, traveler’s check purchases, foreign 
currency purchases, casino chip purchases 
and gaming transactions. Even if we choose 
to treat a particular Cash Advance (or a 
portion of it) as a Purchase, we may still treat 
other Cash Advances (or portions of them) as 
Cash Advances, and we do not waive our right 
to do so.
“Cash Advance APR Cap” means the highest 
APR for Cash Advances that may apply to  
your Account.
“Cash Advance Margin” is the amount that is 
added to the Prime Rate to determine the APR 
for Cash Advances on your Account.
“Daily Periodic Rate” or “DPR” means the 
applicable APR divided by 365.
“Default” occurs if: (a) you fail to honor any 
obligation under this Agreement, including 
but not limited to, your obligation to make at 
least the Minimum Payment by the Payment 
Due Date and to keep the New Balance below 
the credit limit; (b) we believe that you gave 
us false information; (c) you die or become 
the subject of any insolvency or bankruptcy 
proceeding; (d) we believe there has been a 
material change in your financial condition or 
your willingness to pay your debts when due; 
(e) any payment you make is rejected, not 
paid, or cannot be processed; or (f) we believe 
that you permanently reside outside of the 
United States.
“Deposit Account” means (if the Account is 
wholly or partially secured) the Merrick Bank 
deposit account opened as security for the 
Account, as described in the “Deposit Account 
and Security Agreement (If Applicable)” 
section of this Agreement.
“EFT” means electronic funds transfer.
“Introductory Annual Percentage Rate” or 
“Introductory APR” (also “Introductory Daily 
Percentage Rate” or “Introductory DPR”) 
is a lower interest rate that applies for a 
limited amount of time after an account is 
opened. Your Account may or may not have 
Introductory rates.
“Late Payment Fee” means the fee you must 
pay if your Minimum Payment is not received 
on time. The amount of the Late Payment Fee 
is set forth in the Pricing Appendix and is in 
addition to any additional interest charges that 
accrue as a result of your paying late.
“Minimum Payment” means what you  
must pay each Billing Cycle before the 
Payment Due Date. The Minimum  
Payment is calculated as described in  
the Pricing Appendix.
“New Balance” means the total amount  
you owe to the Bank as of the end of 
the Billing Cycle described in the Billing 
Statement. If transactions are posted after  
the end of the Billing Cycle, the New Balance 
will not equal the Account Balance under  
most circumstances.
“Payment Due Date” means the date when 
your Minimum Payment must be received 
by the Bank, prior to 5 p.m. local time at 
the payment address indicated on the most 
recent Billing Statement. If the Minimum 
Payment is not timely received, you must pay 
a Late Payment Fee. The Payment Due Date 
will be shown on the Billing Statement and 
always will be at least 25 days after the last 
day of the prior Billing Cycle.
“Pricing Appendix” refers to the document 
attached to your Card when you first  
received it, setting forth applicable APRs,  
fees and certain other important terms of  
this Agreement.
“PIN” refers to the personal identification 
number associated with your Card for use in 
ATM and other electronic transactions.
“Prime Rate” means the prime rate of 
interest published on the last business day 
of each month in The Wall Street Journal (or 
a comparable rate if The Wall Street Journal 
ceases publication).
“Purchase” means any transaction with the 
Card between you and anyone else who 
accepts the Card as a means of payment. 
However, Cash Advances are not Purchases.
“Purchase APR Cap” is the highest APR for 
Purchases that may apply to your Account.
“Purchase Margin” is the amount that is 
added to the Prime Rate to determine the APR 
for Purchases on your Account.
“You” and “your” means the Card applicant, 
or if applying jointly, both Card applicants, 
and the person or persons to whom the Card 
is issued.
Equal Opportunity Lender Member FDIC  
G-17208 04/2018

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ACCOUNT OPENING DISCLOSURES—MERRICK UNSECURED 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) for 
Purchases 

APR for Cash Advances 

Paying Interest  

Minimum Interest Charge 
For Credit Card Tips from the Consumer 
Financial Protection Bureau 

Fees 

Set-up and Maintenance Fees 

· Annual Fee 
· Account Set-up Fee  
· Additional Card Fee 

Transaction Fees 
   · Cash Advance 
   ·Foreign Transaction  

Penalty Fees 
   · Late Payment 
  ·  Over Limit 
  ·  Returned Payment 

22.95% to 29.95% when you open your account, based on 
creditworthiness. Your APR will vary with the market based on the Prime 
Rate.* 
27.95% to 34.95% when you open your account, based on creditworthiness. 
Your APR will vary with the market based on the Prime Rate.* 
Your Payment Due Date is at least 25 days after the close of each Billing 
Cycle. We will not charge you interest on Purchases if you pay your 
entire New Balance by the Payment Due Date each month.  We will begin 
charging interest on Cash Advances on the transaction date.  
If you are charged interest, the charge will be no less than $1.00 
To learn more about factors to consider when applying for or using a 
credit card, visit the website of the Consumer Financial Protection 
Bureau at http://www.consumerfinance.gov/learnmore. 

NOTICE:  Some of these set-up and maintenance fees will be assessed 
before you begin using your card and will reduce the amount of credit you 
initially have available. For example, if your minimum credit limit is $500, 
your initial available credit limit will be only about $377 (based on a one-
time $75 set-up fee and a $48 annual fee) or about $365 if you also choose to 
have an additional card. 

You may still reject this plan, provided that you have not yet used the 
account or paid a fee after receiving a billing statement.  If you do reject the 
plan, you are not responsible for any fees or charges. 

$0 to $72 the first year.  Billed $0 to $6 per month thereafter. 
$0 to $75  (one-time fee) 
$0 to $12 per additional card issued, per year. Billed $0 to $1 per month, per 
card thereafter. 

Either $10 or 4% of the amount advanced, whichever is greater.  
2% of each transaction in U.S. Dollars. 

Up to $38 
$0 
Up to $38 

How We Will Calculate Your Balance: We use a method called "average daily balances (including new purchases)."   
See your Cardholder Agreement for more details. 
Billing Rights:  Information on your rights to dispute transactions and how to exercise those rights is provided in your  
Cardholder Agreement. 
Annual Percentage Rates: Daily Periodic Rate for Purchases .06287% to .08205%; Daily Periodic Rate for Cash Advances .07657% to 
.09575%. 
Variable Rate Information:  Purchase Margin 18.20 to 25.20 percentage points; Cash Advance Margin 23.20 to 30.20 percentage 
points.  Your APR for Purchases and Cash Advances may vary. Your APR is determined monthly by adding the appropriate margin to the 
Prime Rate*. If the Prime Rate* increases, your APR will increase accordingly, with no cap.  An increase in your APR will result in an 
increase of your minimum payment amount. 
*"Prime Rate" means the prime rate of interest published on the last business day of each month in The Wall Street Journal 
 (or a comparable rate if The Wall Street Journal ceases publication).  
Minimum Payment: All past-due amounts, any Annual Fee billed monthly, any Additional Card Fee billed monthly plus the greater of 
the following amounts: (i) 1% of your New Balance plus Late Fees, Cash Advance Transaction Fees, Over Limit Fees, Returned Payment 
Fees, and Interest Charges billed during the Billing Cycle for which the Minimum Payment is calculated, as shown on that periodic 
statement, rounded to the next-higher dollar; or (ii) $35. If the New Balance is less than $35, the Minimum Payment will be the total 
amount owed.  

Rev 6/1/2018mp35