EMBLEM® MASTERCARD® 
CREDIT CARD PROGRAM 

IMPORTANT INFORMATION: 

  CONSUMER IDENTIFICATION PROGRAM 

NOTICE (Important Information About Procedures for 
Opening a New Account) 

  BANK CREDIT CARD AGREEMENT 

  SUMMARY OF TERMS 
  AGREEMENT TO ARBITRATE CLAIMS 
(Including the Right to Reject Arbitration at 
Account Opening) 

  BILLING RIGHTS NOTICE 

CUSTOMER IDENTIFICATION 
PROGRAM 
IMPORTANT INFORMATION ABOUT PROCEDURES FOR 
OPENING A NEW ACCOUNT 
To help the government fight the funding of terrorism and money 
laundering activities, Federal law requires all financial institutions 
to obtain, verify, and record information that identifies each 
person who opens an account.  What this means for you:  When 
you open an account, we will ask for your name, street address, 
mailing address, date of birth, and other information that will allow 
us to identify you.  We may also ask to see your driver’s license 
or other identifying documents. 

P3

BANK CREDIT CARD AGREEMENT  

SUMMARY OF TERMS 

(NY Residents:  RETAIL INSTALMENT CREDIT 
AGREEMENT) 
Nonnegotiable Consumer Note  
This Bank Credit Card Agreement (“Agreement“)controls the use 
of your Emblem® MasterCard® bank credit card account 
(“Account”).  Read it and keep it for your reference.  Subject to 
applicable law, this Agreement may be changed at any time 
beginning twelve (12) months after Account opening in 
accordance with the Change of Terms paragraph in the OUR 
RIGHTS AND HOW THEY AFFECT YOU section of this 
Agreement.  This Agreement also includes an Agreement to 
Arbitrate with a right to reject arbitration.  See “ARBITRATION 
PROVISION (AGREEMENT TO ARBITRATE CLAIMS)” below.  
In this Agreement, the words “you,” “your,” and “Cardholder” refer 
to all persons who were expressly approved by us to use the 
Account.  The words “we,” “us,” and “our” refer to Monterey 
County Bank located in Monterey, California, our successors and 
assigns.  The words “Card” or “Cards” refer to the credit card that 
we issue to you.  The word “Account” means an individual or joint 
credit card account.  The use of your Account number to obtain 
credit will be considered a use of the Card.  The following items 
are now incorporated into this Agreement and made a part of this 
Agreement:   
(1) Any application, acceptance certificate or other written 
document (including an electronic record) that you originally 
signed or submitted in any way for this Account (your 
“Application”);  
(2) The Card and card carrier that we send with your Card; and  
(3) Your signature (including any electronic or digital signature) 
on any Application, sales slip or other evidence of indebtedness 
on your Account. 

Interest Rates and Interest Charges 

Fees 

Annual 
Percentage 
Rate (APR) 
for Purchases  

APR for 
Special 
Balance 
Transfer 

APR for Cash 
Advances and 
other Balance 
Transfers 

Penalty APR 
and When it 
Applies 

How to Avoid 
Paying 
Interest  

Minimum 
Interest 
Charge 

For Credit 
Card Tips 
from the 
Federal 
Reserve 
Board 

18.99% 

Annual Fee 

None 

0%* 

18.99% 

19.14% 

This APR may be applied to your 
account if you do not pay the required 
minimum payment by its due date for 
two consecutive billing cycles. 

How long will the Penalty APR apply? 
If your APRs are increased for the 
reason stated above, the Penalty APR 
will apply until you make six consecutive 
minimum payments when due. 

Your 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 
balance by the due date each month.  
There is no time period within which to 
avoid finance charges on Cash 
Advances 

None 

To learn  more about factors to consider 
when applying for or using a credit card, 
visit the website of the Federal Reserve 
Board at 
http://www.federalreserve.gov/creditcard 

Transaction 
Fees 
  Balance 
Transfer 

  Cash 

Advance 
Foreign 
Transaction 

Penalty Fees 
Late 
Payments 
  Returned 
Payment 

None 

Up to 5% of the amount of each cash 
advance (maximum fee; $50);  
1% of each foreign transaction in U.S. 
dollars 

$15 

Up to $25  

Billing Rights:  Information on your rights to dispute 
transactions and how to exercise those rights is provided at the 
end of this document. 

Periodic Rates with Corresponding APRs 

Penalty 
Periodic Rate 

Purchase and 
Cash Advance 
Periodic Rate 

1.5825% 
(corresponding 
APR of 18.99%) 

Special 
Balance 
Transfer 
Periodic Rate* 
0.00% 
(corresponding 
APR of 
0.00%) 
Penalty Rate:  If we do not receive your required minimum 
payment within 60 days of its due date, your Purchase and 
Cash Advance rates (but not your Special Balance Transfer 
rate) may increase to the Penalty Rate.  The Penalty APR will 
cease to apply if we receive six consecutive minimum monthly 
payments on or before their respective payment due dates 
beginning with the first payment due date following the effective 
date of the increase. 

1.595% 
(corresponding 
APR of 
19.14%) 

How  We  Will  Calculate  Your  Balance:    We  use  a  method 
called “average daily balance (including new purchases).” 
No  Interest  Charge  (including  any  Penalty  APR)  or  per 
transaction  Cash  Advance  Fee  will  apply  to  any  remaining 
Fresh  Start  Solution™  Program  Balance  (“Special  Balance 
Transfer”, if any) that is transferred to an Emblem® MasterCard® 
credit  card  account  (for  the  life  of  the  balance).    Any  other 
Special  Balance  Transfer  will  be  treated  as  a  Cash  Advance 
under this Bank Credit Card Agreement. 
*   No Interest Charge or per transaction Cash Advance Fee will apply to any 
remaining Fresh Start Solution™ Program Balance (“Special Balance Transfer”) 
that is transferred to an Emblem® MasterCard® credit card account (for the life of 
the balance). 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Effective Date of  This  Agreement:  This Agreement begins on 
the earlier of (i) the date that your request for a Card and Account 
is approved by us or (ii) the first date that we extend credit to you 
on  your  Account,  as  evidenced  by  a  signed  sales  slip  or 
memorandum, a cash advance or balance transfer transaction, or 
otherwise  (in  NY,  the  first  date  that  you  sign  a  sales  slip  or 
memorandum). 
Signature;  Acceptance  of  This  Agreement:    You  agree  that 
any  action  taken  by  you  in  activating  your  Card,  making  a 
payment  on  your  Account  or  initiating  any  transaction  on  your 
Account will constitute your signature on this Agreement.   
Your  Credit  Limit:    You  agree  not  to  use  your  Account  in  any 
way  that  would  cause  you  to  go  over  the  maximum  amount  of 
credit available to you at the moment you initiate a transaction on 
your Account (your “Credit Limit”).  We may refuse to authorize or 
accept any transaction on your Account that would cause you to 
exceed your Credit Limit.  We may temporarily agree to allow you 
to exceed your Credit Limit; however, in that case you must repay 
the excess amount immediately. 
We  reserve  the  right  to  change  (to  set,  increase,  decrease  or 
remove) the Credit Limit for your Account and/or for specific types 
of Account balances from time to time.  Such changes may occur 
without prior written notice to you and may be based upon factors 
including,  but  not  limited  to,  anti-fraud  policies  and  procedures, 
your  record  of  making  timely  payments  and  staying  within  the 
established Credit Limit on your account with us, your credit score 
and information contained in your credit report.   
Your Credit Limit can be found on your  latest periodic statement 
or  provided  upon  request.    You  my  not  request  an  increase  in 
your Credit Limit, but you may at any time request a decrease in 
your Credit Limit.   
Using  Your  Card  or  Account:    You  can  use  your  Card  to 
purchase  or  lease  goods  or  services  (including  mail,  telephone 
and  electronic  orders) 
from  participating  establishments 
(“Purchase”).  You also can use your Card to obtain a cash loan 
(“Cash Advance”) by presenting your Card to any institution that 
accepts  the  Card  for  that  purpose  or  by  making  a  withdrawal  of 
cash at an ATM.  Transactions made with your Account for things 
like money orders, deposits, wire transfer money orders, travelers 
cheques,  foreign  currency  and  other  similar  transactions,  will  be 
treated  as  Cash  Advances.    They  are  sometimes  called  “quasi-
cash” transactions.   
You may use the Account only for personal, family, or household 
purposes.    You may  not  use  your  Card  or  your  Account  for  any 
illegal  transaction  or  any  gambling  transaction.    We  will  decline 
identifiable gambling transactions.   
We  may  refuse  to  authorize  or  accept  any  transaction  on  your 
Account if your Account is delinquent.   
Promise to Pay:  You promise to pay us for all transactions, plus 
Interest,  fees  and  other  charges  due,  on  your  Account.    You 
promise to make all payments in U.S. dollars and that all checks 
or  other  items  submitted  in  payment  will  be  drawn  on  U.S. 
financial institutions.  
Monthly  Statements:   We  will  send  you  a  statement  under  the 
following circumstances: 
(1)  At  the  end  of  each  monthly  period  of  approximately  30  days 
(“Billing  Cycle”)  if  there  is  a  debit  or  credit  balance  on  your 
Account of $1 or more;  
(2)  If  we  assessed  a  Finance  Charge  on  a  balance  in  your 
Account; or  
(3) As otherwise required by applicable law. 

Minimum  Payment:    The  minimum  required  payment  on  your 
Account for each Billing Cycle (“Minimum Payment”) is the sum of 
(i) the  greater  of  (a) one  percent  (1%)  of  your  total  outstanding 
Account  balance  on  the  Billing  Cycle  Closing  Date  (your  “New 
Balance”)  or  (b) $15;  plus  (ii) any  current  billed  periodic  Interest 
charges; plus (iii) any Late Payment Fee billed to your Account in 
the current Billing Cycle; plus (iv) the greater of (a) any past due 
amount  or  (b) any  amount  by  which  your  New  Balance  exceeds 
your Credit Limit. 
If  your  New  Balance  is  less  than  your  Minimum  Payment,  your 
New Balance is due in full.   
You  may  pay  any  or  all  of  the  amounts  you  owe  at  any  time 
without  penalty.    You  must  pay  at  least  the  Minimum  Payment 
within 25 days of the Closing Date of the Billing Cycle (shown as 
the “Payment Due Date” on your statement). 
Application  of  Payments:    We  will  apply  payments  to  your 
Account  in  accordance  with  applicable  law.  If  you  make  a 
payment  in  excess  of  the  required  minimum  payment,  we  must 
apply  the  excess  amount  first  to  your  balance  with  the  highest 
annual percentage rate.   
Payments are posted to your Account upon receipt; however, we 
reserve  the  right  not  to  increase  your  available  credit  by  the 
amount of any payment received for a period of four (4) business 
days  from  the  date  of  receipt  to  provide  for  processing  and/or 
verification.    To  speed  this  payment  process,  we  make  a 
convenient  expedited  pay-by-phone  service  available  to  our 
customers.    A  small  fee  may  be  charged  when  you  use  this 
optional payment method. 
HOW FINANCE CHARGES ARE DETERMINED 
Your finance charge will include the following, as applicable:  (i) a 
per transaction finance charge (Cash Advance Fee) as shown in 
the  Summary  of  Terms  above  for  each  Cash  Advance  posted 
during  a  Billing  Cycle  and  (ii) your  periodic  Interest  charge.   We 
compute  periodic 
the  applicable 
Monthly Periodic Rate to (a) your Average Daily Balance of Cash 
Advances,  (b) your  Average  Daily  Balance  of  Purchases  and 
(c) the  respective  average  daily  balances  for  any  other  types  of 
balances  that  are  subject  to  different  APRs.    Again,  any 
remaining  Fresh  Start  Solution™  Program  Balance  (Special 
to  your  Emblem® 
Balance  Transfer) 
MasterCard®  credit  card  account  will  not  accrue  any  finance 
charge (including any Penalty APR or Cash Advance Fee) for the 
life of the balance. 
Calculating the Balance Subject to Interest:  We calculate the 
balance  subject  to  Interest  using  the  “Average  Daily  Balance 
(including  new  transactions)” method  (“ADB”).   We calculate  the 
ADB separately for each type of balance.  To get each ADB, we 
take  the  beginning  balance  of  your  Account  each  day  for  each 
type of balance, including accrued but unpaid interest and finance 
charges  attributable  to  such  balance,  add  any  new  transactions 
as  of  the  date  of  transaction,  including  any  applicable  Cash 
Advance Fees as of the date each Cash Advance posts with us, 
and  subtract  the  applicable  portion  of  any  payments  and  credits 
as of the date those post with us.  This gives us the daily balance 
for  each  type  of  balance.    Then  we  add  together  the  daily 
balances for the Billing Cycle for each type of balance and divide 
the total by the number of days in the Billing Cycle.  This gives us 
the ADB for each type of balance. 
Annual  Percentage  Rate  (APR)  and  Monthly  Periodic  Rate:  
The  applicable  Monthly  Periodic  Rate  is  equal  to  1/12  of  the 
corresponding  APR. 
(and 
corresponding APR) for each type of balance is shown above.   

  The  Monthly  Periodic  Rate 

Interest  charges  applying 

transferred 

that 

is 

When Interest Charges Begin to Accrue:  Subject to any grace 
period, periodic Interest charges on Purchases will be imposed at 
the  applicable  Monthly  Periodic  Rate  from  the  date  each 
Purchase is made and will continue to accrue on unpaid balances 
as  long  as  they  remain  unpaid.    You  will  have  a  25-day  grace 
period  to  repay  your  new  balance  before  an  Interest  charge  on 
Purchases  will  be  imposed  if  your  Previous  Balance  is  (i) zero, 
(ii) a credit balance, or (iii) paid in full by the “Payment Due Date” 
shown  on  your  monthly  billing  statement.    Interest  on  Cash 
Advances (in addition to Cash Advance Fees) will be imposed at 
the  applicable  Monthly  Periodic  Rate  from  the  date  of  each 
transaction  and  will  continue  to  accrue  on  unpaid  balances  as 
long as they remain unpaid.  There is no time period within which 
to pay to avoid periodic Interest charges on Cash Advances. 
ACCOUNT FEES:  The fees and charges that may be applied to 
your Account are set forth in the Summary of Terms above.  
Late Payment Fee:  If you do not make your Minimum Payment 
on  or  before  the  Payment  Due  Date,  we  will  apply  a  Late 
Payment Charge if payment is more than 5 days late.   
Returned Check Fee:  If any check or money order in payment 
of  your  account  is  returned  to  us  unpaid  for  any  reason,  we  will 
apply a returned check fee of $25 ($15 in IA) to your Account. 
Foreign Transaction Fee:  We will impose a fee of one percent 
(1%)  on  each  (original  and  reversed)  international  purchase, 
credit  voucher,  and  cash  disbursement  transaction  (including 
international  transactions  made  in  U.S.  dollars).    This  fee  is  a 
pass-through of a fee imposed by the card association. 
OUR RIGHTS AND HOW THEY AFFECT YOU 
Telephone Monitoring and  Recording:  From time to time, we 
may  monitor  and/or  record  telephone  calls  regarding  your 
Account  with  us  to  assure  the  quality  of  our  service,  and  you 
agree to any such monitoring or recording.  
Communicating With You; Consent to Contact by Electronic 
and  Other  Means:    You  agree  that  we  may  contact  you  as 
provided  in  this  paragraph.    We  may  contact  you  for  any  lawful 
reason, including for the collection of amounts owed to us and for 
the offering of products or services in compliance with our Privacy 
Policy in effect from time to time.  No such contact will be deemed 
unsolicited.    We  may  contact  you  at  any  address  or  telephone 
number  (including  wireless  cellular  telephone  or  ported  landline 
telephone number) that you may provide to us from time to time.  
We  may  use  any  means  of  communication,  including,  but  not 
limited  to,  postal  mail,  electronic  mail,  telephone  or  other 
technology, to reach you.  You agree that we may use automatic 
dialing  and  announcing  devices  which  may  play  recorded 
messages.  We may also send text messages to your telephone.  
You  may  contact  us  at  any  time  to  ask  that  we  not  contact  you 
using any one or more methods or technologies.   
Refunds:  If a seller agrees to give a refund, you agree to accept 
a credit on your Account instead of a cash refund.  

Postdated  Checks,  Restricted  Endorsement  Checks  and 
Other  Disputed  or  Qualified  Payments:    We  can  accept  late, 
postdated  or  partial  payments  without  losing  any  of  our  rights 
under this Agreement.  (A postdated check is a check dated later 
than  the  day  it  was  actually  presented  for  payment.)    We  are 
under  no  obligation  to  hold  a  post  dated  check  and  we  reserve 
the  right  to  process  every  item  presented  as  if  dated  the  same 
date  received  by  us  or  our  check  processor  unless  you  give  us 
adequate notice and a reasonable opportunity to act on it.  Except 
where such notice and opportunity is given, you may not hold us 
liable for depositing any postdated check.  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.    All 
notices  and  written  communications  concerning  postdated 
checks, restricted endorsement checks (including any check 
or other payment instrument that indicates that the payment 
constitutes  “payment  in  full”  of  the  amount  owed  or  that  is 
tendered  with  other  conditions  or  limitations  or  as  full 
satisfaction  of  a  disputed  amount)  or  any  other  disputed, 
nonconforming  or  qualified  payments,  must  be  mailed  or 
delivered  to  Cardholder  Services  Dispute  Resolution,  P.O. 
Box 105555, Atlanta, GA  30348-5555. 
Credit Reports and Information:  You authorize us to make any 
credit,  employment,  or  other  investigative  inquiries  we  deem 
appropriate  to  extend  you  credit  or  to  renew,  review  or  collect 
amounts  owed  to  us  on  your  Account.    We  also  may  obtain 
follow-up credit reports on you for any lawful purpose as long as 
you have an outstanding balance.  
A  negative  credit  report  reflecting  on  your  credit  record  may  be 
submitted to a credit reporting agency if you fail to fulfill the terms 
of your credit obligations. 
Information Sharing:  You acknowledge and agree that we may 
share  information  about  you  with  others  in  accordance  with  our 
Privacy Policy in effect from time to time.  We will provide a copy 
of our current Privacy Policy to you from time to time. 
Notice  of  Inaccurate  Information:   If  you  believe  that  we  have 
information about you that is inaccurate or that we have reported 
or may report to a credit reporting agency information about you 
that is inaccurate, please notify us of the specific information that 
you believe is inaccurate by writing to us at Cardholder Services, 
P.O. Box 105555, Atlanta, GA 30348-5555. 
Collection  and  Default:    Unless  prohibited  by  applicable  law, 
your Account is considered to be in default if:   
(1) You do not make at least the Minimum Payment on or before 
the Payment Due Date;  
(2) You try to exceed, or do exceed, your Credit Limit;  
(3) You file bankruptcy or insolvency proceedings;  
(4) You  become  subject 
proceedings;  
(5) You give us any false information or signature;  
(6) You die; or 
7) You fail to comply with any portion of this Agreement.   
Subject  to  any  notice  of  default  and  right  to  cure  or  other 
restriction of applicable law, if you are in default, we may declare 
the  entire  balance  due  immediately.    Unless  prohibited  by 
applicable law, you agree to pay  all of our reasonable costs and 
attorneys’ fees  related to the  collection  and  enforcement  of  your 
Account. 

to  attachment  or  garnishment 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
limited 

Change  of  Terms:    Your  Account  is  a  continuing  offer  to 
extend  further  credit  to  you  that  we  may  end  at  any  time.  
Subject  to  the  limitations  of  applicable  law,  we  may,  at  any 
time  beginning  twelve  (12)  months  after  Account  opening, 
add,  change  or  remove  any  of  the  terms  and  conditions  of 
this  Agreement.    A  change  may  be  based  upon  factors 
including,  but  not 
to,  anti-fraud  policies  and 
procedures,  your  record  of  making  timely  payments  and 
staying  within  your  established  Credit  Limit,  your  credit 
score and information contained in your credit report.   
We  will  mail  written  notice  of  a  change  to  you  when  and  in  the 
manner  required  by  applicable  law.    Subject  to the  limitations  of 
applicable  law,  as  of  the  stated  effective  date,  the  changed  or 
new  terms  will  apply  to  new  Purchases,  Cash  Advances  and 
other transactions.  
Delay in Enforcement:  We can delay enforcing our rights under 
this Agreement without losing them. 
OTHER PROVISIONS 
Transfer  and  Termination  of  Your  Account:    You  may  not 
transfer your Account to any other person.   We may assign your 
Account to any other person at any time.  We may terminate your 
Account if you are or become a non-U.S. resident or a resident of 
Illinois,  Indiana,  Massachusetts,  Maine,  North  Carolina,  Rhode 
Island, West Virginia or any U.S. territory.  Either you or we may 
terminate or suspend your credit privileges at any time.  Upon our 
request, you agree to destroy your Card immediately. 
Account Cancellation and Fee Refund:  You may ask that we 
close your Account at any time by notifying us in writing.  Except 
as  provided  below,  you  will 
for  all 
transactions,  periodic  Interest  charges,  and  other  fees  and 
charges, charged to your Account until paid in full.  We will credit 
fees  to  your  Account  ONLY  IF  (i) you  close  your  Account  within 
30 days of Account opening and (ii) you make no new Purchase 
or  Cash  Advance  transactions  on  your  Account  after  opening.  
After  this  30-day  period,  all  fees  are  no  longer  avoidable  or 
refundable. 
Foreign  Currency  Conversion:    If  you  use  your  Card  for 
the 
transactions 
transactions  will  be  converted 
the 
appropriate  current  card  association  regulations.    The  exchange 
or currency conversion rate between the transaction currency and 
the  billing  currency  will  be  either  (i) a  rate  selected  by  the  card 
association  from  the  range  of  rates  available  in  wholesale 
currency  markets  for  the  applicable  central  processing  date, 
which  rate  may  vary  from  the  rate  the  card  association  itself 
receives,  or  (ii)  the  government-mandated  rate  in  effect  for  the 
applicable  central  processing  date.    The  exchange  or  currency 
conversion  rate  on  the  transaction  processing  date  may  differ 
from the rate in effect at the time of the transaction or the date the 
transaction  is  posted  to  your  Account.    You  agree  to  accept  the 
converted amount in U.S. dollars. 
Honoring  Your  Card:    We  are  not  accountable  if  a  merchant, 
ATM  or  other  institution  does  not  honor  your  Card,  or  if  it 
malfunctions there.   Although you may have credit available, we 
are  not  liable  if  credit  is  not  authorized  or  approved,  whether 
because  of  operational  difficulties,  mistakes  or  otherwise. 
Transactions  above  a  certain  dollar  amount  may  require  special 
authorization  by  us  before  the  transaction  can  be  approved.    In 
addition,  we  may  limit  the  number  and  amount  of  transactions 
approved  in  one  day  for  security reasons,  without  any  liability  to 
you. 

than  U.S.  dollars, 
to  U.S.  dollars  under 

in  a  currency  other 

responsible 

remain 

issues  pertaining 

Except  as  set  forth  below,  the  arbitrator’s  decision  will  be  final 
and binding.  Only a court may decide the validity of items (iii) and 
(iv) above.  If a court holds that items (iii) or (iv) are limited, invalid 
or unenforceable, then this entire Arbitration Provision will be null 
and  void.    You  or  we  can  appeal  any  such  holding.    If  a  court 
holds  that  any  other  part(s)  of  this  Arbitration  Provision  (other 
than  items  (iii)  and  (iv))  are  invalid,  then  the  remaining  parts  of 
this  Arbitration  Provision  will  remain  in  force.    An  arbitrator  will 
to  arbitrability,  validity, 
decide  all  other 
interpretation and enforceability of this Arbitration Provision.  The 
decision of an arbitrator is as enforceable as any court order and 
may  be  subject  to  very  limited  review  by  a  court.  An  arbitrator 
may decide a Claim upon the submission of documents alone.  A 
party may request a telephonic hearing if permitted by applicable 
rules.  The exchange of non-privileged information relevant to the 
Claim, between the parties, is permitted and encouraged.  Either 
party  may  submit  relevant  information,  documents  or  exhibits  to 
the arbitrator for consideration in deciding a Claim. 
BROAD  MEANING  OF  “CLAIMS.”    The  term  "Claims"  in  this 
Arbitration Provision is to be given the broadest possible meaning 
and  includes  (by  way  of  example  and  without  limitation)  Claims 
arising from or relating to (i) the application for or issuance of your 
Account,  (ii)  use,  terms,  change  in  terms  or  addition  of  terms, 
closing  or  collection  of  your  Account  or  this  Bank  Credit  Card 
Agreement,  (iii) advertisements,  promotions  or  oral  or  written 
statements  related 
including  any  Claims 
regarding  information  obtained  by  us  from,  or  reported  by  us  to, 
credit reporting agencies or others, (iv) the goods or insurance or 
other  services  purchased  under  your  Account,  (v)  Claims 
between  you  and  our  parent  corporations,  wholly  or  majority 
owned subsidiaries, affiliates, predecessors, successors, assigns, 
agents, independent contractors, employees, officers, directors or 
representatives  arising  from  your  Account  or  this  Bank  Credit 
Card  Agreement  and 
the  validity, 
(vi)  Claims 
enforceability  or  scope  of  this  Arbitration  Provision  or  this  Bank 
Credit Card Agreement. 

to  your  Account, 

regarding 

Notices; Change of Address, Employment or Telephone:  We 
will send all written notices and statements to your address as it 
appears on our records.   To avoid delays and missed payments 
that  could  affect  your  credit  standing,  you  agree  to  advise  us 
promptly 
if  you  change  your  mailing  address,  place  of 
employment,  telephone  number  or  other  contact  information, 
including, but not limited to, porting a landline telephone number 
to a cellular phone.  You represent and agree that for purposes of 
imposing  fees  and  charges,  the  mailing  address  on  your 
statement is your state of residence. 
Severability:  In the event that any provision of this Agreement is 
determined  to  be  invalid  or  unenforceable  for  any  reason,  the 
validity or enforceability of any other provision of this Agreement 
will  not  be  affected,  and  in  lieu  of  such  invalid  or  unenforceable 
provision  there  will  be  added  automatically,  as  part  of  this 
Agreement,  a  provision  as  similar  in  terms  as  may  be  valid  and 
enforceable, if possible. 
No Waiver By Us:  We reserve the right, at any time and in our 
sole  discretion,  not  to  impose  part  or  all  of  any  fee  or  other 
amount  imposed  pursuant  to  this  Agreement  or  not  to  exercise 
any of our other rights under this Agreement.   If we exercise the 
foregoing right, we will not waive our right to impose any such fee 
or other amount or our right to exercise the foregoing right or any 
other rights, in the future.  
Entire  Agreement;  Interpretation:    This  Agreement  constitutes 
the final expression of the credit agreement between you and us 
relating  to  your  Account.    The  headings  used  in  this  Agreement 
are for the convenience of reference only and are not intended to 
define or describe the entire scope or intent of any portion of this 
Agreement. 
Governing  Law:    Except  as  specifically  provided  in  the 
Arbitration  Provision  below,  this  Agreement  and  your 
Account,  and  any  claim,  dispute  or  controversy  (whether  in 
contract,  tort,  or  otherwise)  at  any  time  arising  from  or 
relating  to  your  Account,  this Agreement  or  any  transferred 
balance, are governed by and construed in accordance with 
applicable  federal  law  and,  to  the  extent  not  preempted  by 
federal law, the laws of California (without regard to internal 
principles  of  conflict  of  laws).    The  legality,  enforceability 
and  interpretation  of  this  Agreement  and  the  amounts 
contracted  for,  charged  and  reserved  under  this  Agreement 
will  be  governed  by  such  laws.    This  Agreement  is  entered 
into  between  you  and  us  in  California.    We  make  decisions 
about  granting  credit  to  you  from  California  and  extend 
credit to you under this Agreement from California. 

ARBITRATION  PROVISION  (AGREEMENT  TO 
ARBITRATE CLAIMS) 
Except  as  otherwise  stated  below,  if  you  or  we  so  choose,  any 
Claim  (as  defined  below)  will  be  resolved  by  binding  arbitration 
pursuant  to  (a)  this  Arbitration  Provision  and  (b)  the  code  of 
procedure  of  the  national  arbitration  organization  to  which  the 
Claim is referred (as in effect when the Claim is filed).  Claims will 
be  referred  to  either  Judicial  Arbitration  and  Mediation  Services 
(“JAMS”)  or  the  American  Arbitration  Association  (“AAA”),  as 
selected  by  the  party  electing  to  use  arbitration.    Streamlined 
arbitration procedures will be used if available.   If a selection by 
us of one of these organizations is unacceptable to you, you have 
the right, within 30 days after you receive notice of our election, to 
select  the  other  organization  listed  to  serve  as  arbitration 
administrator.  For purposes of this Arbitration Provision, “Claim” 
means  any  claim,  dispute  or  controversy  (whether  in  contract, 
tort,  or  otherwise)  past,  present  or  future,  (collectively, "Claims") 
as  further  described  below.    (If  for  any  reason  a  selected 
organization cannot, will not or ceases to serve as an arbitration 
administrator,  you  or  we  may  substitute  another  widely 
recognized  arbitration  organization  that  uses  a  similar  code  of 
procedure  and  is  mutually  acceptable  to  the  parties.)    If  you 
receive a Card and later default on your Account, we agree not to 
bring  legal  action  or  seek  arbitration  to  collect  any  remaining 
Fresh  Start  Solution™  Program  Balance  that  is  transferred  to 
your Emblem® MasterCard® Account. 
RIGHT  TO  REJECT  ARBITRATION:    You  may  reject  this 
Arbitration  Provision.    If  you  do  so,  neither  you  nor  we  will 
have  the  right  to  engage  in  arbitration.    Rejecting  this 
Arbitration  Provision  will  have  no  affect  on  any  of  the  other 
provisions  in  this  Bank  Credit  Card  Agreement.    To  reject  this 
Arbitration  Provision,  you  must  send  us  your  written  rejection 
within 60 days after we open your Account, or 60 days after  any 
change  in  terms  that  affects  this  Arbitration  Provision,  to  Card 
Services,  P.O.  Box  105096,  Atlanta,  GA    30348-5096.    In  your 
letter, you must give us the following information: Name, Address 
and  Account  number.    The  right  to  reject  granted  here  applies 
solely to this Arbitration Provision, and not to any other provision 
of  this  Bank  Credit  Card  Agreement,  or  to  any  other  agreement 
with us.  In the event of a dispute over whether you have provided 
a  timely  rejection  notice,  you  must  provide  proof  of  delivery.  
Neither party may elect to arbitrate an individual Claim brought in 
small  claims  court  (or  your  state’s  equivalent  court,  if  any).  
However,  if  a  Claim  that  is  brought  in  small  claims  court  is 
transferred or appealed to a different court, either party may elect 
arbitration. 
SIGNIFICANCE  OF  ARBITRATION;  LIMITATIONS  AND 
RESTRICTIONS.    IF  YOU  OR  WE  CHOOSE  TO  RESOLVE  A 
CLAIM  BY  BINDING  ARBITRATION,  NEITHER  YOU  NOR  WE 
WILL  HAVE  THE  RIGHT  TO  (i)  HAVE  A  COURT  OR  JURY 
DECIDE  THE  CLAIM  BEING  ARBITRATED  (ii)  ENGAGE  IN 
PRE-ARBITRATION  DISCOVERY  (THAT  IS,  THE  RIGHT  TO 
OBTAIN  INFORMATION  FROM THE  OTHER  PARTY)  TO  THE 
SAME  EXTENT  THAT  YOU  OR  WE  COULD  IN  COURT, 
(iii) PARTICIPATE  AS  A REPRESENTATIVE OR MEMBER OF 
ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT 
OR  IN  ARBITRATION,  RELATING  TO  ANY  CLAIM  SUBJECT 
TO  ARBITRATION  OR  (iv)  JOIN  OR  CONSOLIDATE  CLAIMS 
OTHER  THAN  YOUR  OWN  OR  OUR  OWN.  OTHER  RIGHTS 
AVAILABLE 
IN 
ARBITRATION. 

IN  COURT  MAY  NOT  BE  AVAILABLE 

 
 
 
 
 
 
 
 
 
 
 
 
 
ARBITRATION  PROCEDURE  AND  COSTS.    For  a  copy  of 
relevant  codes  of  procedure,  to  file  a  Claim  or  for  other 
information about JAMS and AAA, write them, visit their web site 
or call them at: (i) for JAMS, 1920 Main Street, Suite 300, Irvine, 
CA 92614 or info@jamsadr.com, http://www.jamsadr.com, 1-800-
352-5267; or (ii) for AAA, 1633 Broadway, 10th Floor, New York, 
NY  10019  or  websitemail@adr.org,  http://www.adr.org,  1-800-
778-7879.  If either party fails to submit to arbitration following a 
proper  demand  to  do  so,  that  party  will  bear  the  costs  and 
expenses,  including  reasonable  attorneys’  fees,  incurred  by  the 
party compelling arbitration.  Any physical arbitration hearing that 
you attend will be held in the federal judicial district where you live 
at  the  time  the  Claim  is  filed.    The  party  initiating  the  arbitration 
will pay the filing fee.   You may seek a waiver of the initial filing 
fee or any other fees incurred in arbitration.   If you seek, but do 
not  qualify  for,  a  waiver,  we  will  consider  any  written  request  by 
you  for  us  to  pay  or  reimburse  you  for  all  or  part  of  such  fees.  
Each  party  will  pay  for  its  respective  attorneys’,  experts’  and 
witness fees, regardless of which party prevails in the arbitration.  
A party may recover any or all expenses from another party if the 
arbitrator,  applying  applicable  law,  so  determines.    Allocation  of 
fees and costs relating to appeals in arbitration will be handled in 
the  same  manner.  For  an  explanation  and  schedule  of  the  fees 
that  apply  to  an  arbitration  proceeding  with  JAMS,  please  visit 
http://www.jamsadr.com/  rules-streamlined-arbitration;  for  AAA, 
visit  http://www.adr.org/si.asp?id=5391.    The  appropriate  fee 
schedule  in  effect  from  time  to  time  is  hereby  incorporated  by 
reference  into  this  Arbitration  Provision.    The  cost  of  arbitration 
may  be  higher  or  lower  than  the  cost  of  bringing  your  Claim  in 
court,  depending  upon  the  nature  of  your  Claim  and  how  the 
arbitration  proceeds.    Having  more  than  one  Claim  and  holding 
face-to-face hearings can increase the cost of arbitration.  Again, 
neither you nor we will be permitted to arbitrate claims on a class-
wide  (that  is,  on  other  than  an  individual)  basis.    An  arbitration 
proceeding can decide only your or our Claims.  You cannot join 
other  parties  (or  consolidate  Claims)  except  with  respect  to 
persons who use your Account. 
GOVERNING  LAW  FOR  ARBITRATION. 
  This  Arbitration 
Provision  is  made  pursuant  to  a  transaction  involving  interstate 
commerce,  and  will  be  governed  by  the  Federal  Arbitration  Act 
("FAA"), 9 U.S.C. §§ 1 et seq., as amended, notwithstanding any 
this  Bank  Credit  Card 
other  governing 
Agreement.    The  arbitrator  will  apply  applicable  substantive  law 
consistent with the FAA and applicable statutes of limitations and 
will honor claims of privilege recognized at law.   Judgment upon 
any  arbitration  award  may  be  entered  and  enforced,  including 
without  limitation  by  garnishment,  attachment,  foreclosure  or 
other  post-judgment  remedies,  in  any  court  having  jurisdiction.  
The arbitrator’s decision will be final and binding, except for any 
right of appeal provided by the FAA, in which case any party can 
appeal the award to a three-arbitrator panel administered by the 
selected  arbitration  administrator.    The  panel  will  reconsider  de 
novo  (that  is,  without  deference  to  the  ruling  of  the  original 
arbitration)  any  aspect  of  the  initial  award  requested  by  the 
appealing party. 

law  provision 

in 

CONTINUED  EFFECT  OF  ARBITRATION  PROVISION.    This 
Arbitration Provision will continue to govern any Claims that may 
arise  without  regard  to  any  termination  or  cancellation  of  your 
Account.    If  any  portion  of  this  Arbitration  Provision  (other  than 
the  provisions  prohibiting  class-wide  arbitration, 
joinder  or 
consolidation) is deemed invalid or unenforceable under the FAA, 
it  will  not  invalidate  the  remaining  portions  of  this  Arbitration 
Provision.  If a conflict or inconsistency arises between the code 
of  procedures  of  the  selected  arbitration  administrator  and  this 
Arbitration Provision, this Arbitration Provision will control. 
STATE NOTICES 
This program is not available to non-U.S. residents or residents of 
Illinois,  Indiana,  Massachusetts,  Maine,  North  Carolina,  Rhode 
Island, West Virginia or any U.S. territory. 
CA RESIDENTS:  A married applicant may apply for a separate 
account.    If  this  is  a  joint  account,  after  credit  approval,  each 
applicant shall have the right to use this account to the extent of 
any  credit  limit  set  by  the  creditor,  and  each  applicant  may  be 
liable for all amounts of credit extended under this account to any 
joint  applicant.    Interest  is  compounded  on  unpaid  finance 
charges  on  Purchases  and  on  unpaid  finance  charges  on  Cash 
Advances. 
NJ  RESIDENTS:    Because certain  provisions  of  this Agreement 
are subject to applicable law, they may be void, unenforceable or 
inapplicable  in  some  jurisdictions.    None  of  these  provisions, 
however, is void, unenforceable or inapplicable in New Jersey. 
OH  RESIDENTS:    The  Ohio  laws  against  discrimination  require 
that all creditors make credit equally available to all credit worthy 
customers, and that credit  reporting agencies maintain separate 
histories  on  each  individual  upon  request.    The  Ohio  civil  rights 
commission administers compliance with this law. 
NY RESIDENTS:  New York residents may contact the New York 
state  banking  department  to  obtain  comparative  listing  of  credit 
card rates, fees, and grace periods.  Call 1-800-518-8866. 
WI  RESIDENTS:    We  will  not  charge  you  attorneys’  fees,  court 
costs, or other collection costs incurred as a result of your default. 
MARRIED  WI  RESIDENTS:    No  provisions  of  any  marital 
property agreement, unilateral statement under section 766.59 or 
court  decree  under  section  766.70  will  adversely  affect  the 
interest of the creditor unless the creditor, prior to the time credit 
is  granted,  is  furnished  a  copy  of  the  agreement,  statement,  or 
decree or has actual knowledge of the adverse position when the 
obligation to the creditor is incurred.  We are required to ask you 
to provide the name and address of your spouse. 
DE,  MD  and  WA  RESIDENTS:    Finance  charges 
will be imposed in amounts or at rates not in excess 
of  those  permitted  by  law  on  the  outstanding 
balances from month to month. 

MD RESIDENTS:  You have the right under Section 
12-510  of  the  Commercial  Law  Code  to  receive  an 
answer to a  written inquiry concerning the status of 
your account. 
NOTICE TO THE BUYER 
1.  DO  NOT  SIGN  THIS  CREDIT  AGREEMENT 
BEFORE  YOU  READ  IT  OR  IF  IT  CONTAINS 
ANY BLANK SPACES. 

2.  YOU  ARE  ENTITLED  TO  A  COMPLETELY 
IN  COPY  OF  THIS  CREDIT 

FILLED 
AGREEMENT. 

3.  YOU  MAY  AT  ANY  TIME  PAY  MORE  THAN 
THE  MINIMUM  PAYMENT  OR  YOUR  ENTIRE 
BALANCE  IN  FULL  WITHOUT  INCURRING 
ANY 
FOR 
PREPAYMENT. 

ADDITIONAL 

CHARGE 

NY  RESIDENTS:    RETAIL  INSTALMENT  CREDIT 
AGREEMENT 
CARDHOLDER:  Your  signature  (including  any  electronic  or 
digital signature) on any Application or on any sales slip or other 
evidence  of  indebtedness  on  your  Account  represents  your 
signature on this Agreement. 
BANK: /s/ Monterey County Bank, Monterey, CA 
Date: October 2010 

BILLING RIGHTS NOTICE 
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: 

Cardholder Services Dispute Resolution 
P.O. Box 105374 
Atlanta, GA  30348-5374  

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: 

Cardholder Services Dispute Resolution 
P.O. Box 105374 
Atlanta, GA  30348-5374  

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.