Annual Percentage Rate 36.0%
(APR) for Purchases

APR for Cash Advances 36.0%

Paying Interest

Minimum Interest
Charge

For Credit Card Tips
from the Consumer
Financial Protection
Bureau

Set-up and
Maintenance
Fees

Transaction Fees

Penalty Fees

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

$29.00

$125.00

None

$49.00

$124.80

$6.00

5%

3%

$38.00

$35.00

How We Will Calculate Your Balance:

Billing Rights:

Program Fee (formerly know as Processing Fee):

Available Credit Limitations:

FEES AND INTEREST CHARGES:

Periodic INTEREST CHARGES: INTEREST CHARGES
INTEREST CHARGES

INTEREST CHARGES

FEES AND INTEREST CHARGES:

INTEREST CHARGES

Computing Periodic INTEREST CHARGES:

INTEREST CHARGE

ANNUAL PERCENTAGE RATE (APR)
PERCENTAGE RATE
Account as well as Purchases and Cash Advances.

INTEREST CHARGES

This ANNUAL PERCENTAGE RATE will be applied to fees assessed to your Credit

ANNUAL

Minimum INTEREST CHARGE:

INTEREST CHARGE

INTEREST CHARGE

Annual Fee:

Monthly Fee (Formerly know as Monthly Servicing Fee):

Cash Advance Fee:

INTEREST CHARGE

Foreign Currency Transaction Fee:
Late Fee:
Return Item Charge:

Additional Card Fee:

Credit Limit Increase Fee:

Copying Fee:
Credit Insurance:
Express Delivery Fee:
Wire Transfer Fee:
Minimum Payment: Cutoff Time and Form of Payment:

OTHER CHARGES:

See the Credit Card Contract for further information regarding this
Credit Account. Retain these important documents.

mandated rate in effect for the applicable central processing date, in each 
instance, plus a foreign currency transaction fee in the amount disclosed on 
your Account Opening Disclosures printed on the card carrier containing your 
Card. This fee will be paid to us and applied to all transactions posted to your 
Credit Account  in  a  foreign  currency,  including  all  Purchase  transactions, 
Cash Advance transactions, ATM transactions and returns and adjustments 
(e.g., for returned merchandise). The currency conversion rate used on the 
processing date may be different than the rate that was in effect on the date 
you conducted the transaction. We do not set the currency conversion rate, 
and we do not receive any portion of it. We do, however, receive a foreign 
currency transaction fee as disclosed on your Account Opening Disclosures 
printed on the card carrier containing your card.
Prohibition on Gambling and Illegal Transactions: Your Card and Credit 
Account  may  not  be  used  in  connection  with  any  gambling  transaction 
(whether legal or illegal). Also, your Card and Credit Account may be used 
only for valid and lawful purposes. If you use, or allow someone else to use 
your Card or Credit Account for any unlawful purpose or for any gambling 
transaction, you will be responsible for such use and may be required to 
reimburse us for all amounts or expenses we pay as a result of such use.
Call Recording: You agree and consent that we will record and may monitor 
any calls between you and us. This includes both calls to and originated by 
First PREMIER Bank, PREMIER Bankcard, LLC, our parent corporation, or 
any of our affiliates, agents, independent contractors or service providers.

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:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
(You may also contact us on the Web:  www.mypremiercreditcard.com.)
In your letter, give us the following information:
• Account information: Your name and Credit 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 three 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 (or electronically). 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 
$50.00 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  $50.00.    (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 
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 (or electronically) at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
     www.mypremiercreditcard.com 
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. 
Your Liability for Unauthorized Use of Your Credit Account: You will not 
be liable for unauthorized use of your Card or Credit Account. However, to 
protect your rights, you are required to notify us orally or in writing as soon 
as you are aware that your Card or Credit Account has been lost, stolen or 
used without your consent. Certain exceptions apply. To notify us of the loss, 
theft or possible unauthorized use of your Card, call us at 1-800-987-5521, 
24 hours a day. 

STATE DISCLOSURES
California Residents: A married applicant may apply for a separate Credit 
Account. As required by law, you are hereby notified that a negative credit 
reporting reflecting on your credit record may be submitted to a Consumer 
Reporting Agency  if  you  fail  to  fulfill  the  terms  of  your  credit  obligations. 
After credit approval, each applicant shall have the right to use the Credit 
Account up to the limit of the Credit Account. Each applicant may be liable 
for amounts extended under the plan to any joint applicant.
Delaware Residents: Service charges not in excess of those permitted by 
law will be charged on the outstanding balances from month to month.
Kentucky  Residents:  You  may  pay  the  unpaid  balance  of  your  Credit 
Account in whole or in part at any time.
Maryland  Residents:  Finance  charges  will  be  imposed  in  amounts  or  at 
rates not in excess of those permitted by law. 
Maine  Residents:  Credit  insurance  provided  herein  is  voluntary  and  you 
have the right to cancel such credit insurance at any time.
Vermont Residents: First PREMIER Bank may obtain a consumer report 
for any legitimate purpose in connection with your Credit Account or your 
application, including but not limited to reviewing, modifying, renewing and 

collecting on your Credit Account. Upon your request, we (First PREMIER 
Bank)  will  inform  you  of  the  names  and  addresses  of  any  Consumer 
Reporting Agencies that have furnished the reports.
Ohio  Residents:  The  Ohio  laws  against  discrimination  require  that  all 
creditors make credit equally available to all credit worthy customers, and 
that  Consumer  Reporting Agencies  maintain  separate  credit  histories  on 
each individual upon request. The Ohio Civil Rights Commission administers 
compliance with this law.
Married  Wisconsin  Residents:  No  provision  of  any  marital  property 
agreement, unilateral statement, or court order applying to marital property 
will adversely affect a creditor’s interests unless prior to the time credit is 
granted, the creditor is furnished with a copy of the agreement, statement, 
or court order, or has actual knowledge of that provision.
Washington  Residents:  A  service  charge  will  be  computed  on  the 
outstanding  balance  for  each  month. You  may  at  any  time  pay  your  total 
unpaid balance.

ARBITRATION AND LITIGATION
This Arbitration  Provision  (“Provision”)  facilitates  the  prompt  and  efficient 
resolution of any disputes that may arise between you and us. Arbitration 
is a form of private dispute-resolution in which persons with a dispute waive 
their rights to file a lawsuit, to proceed in court and to a jury trial, and instead 
submit their disputes to a neutral third person (an arbitrator) for a binding 
decision. You have the right to opt out of this Provision, which means you 
would retain your right to litigate your disputes in a court, either before a 
judge  or  jury.  To  exercise  your  right  to  opt  out  you  must  provide  us  with 
written notice no later than 30 days after your Credit Account is first opened. 
If we do not receive your written notice within that time frame, your rights 
to opt out will terminate, and you agree that the provisions of this section 
will apply.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ALL 
DISPUTES  ARISING  OUT  OF  OR  CONNECTED  TO  THIS  CONTRACT 
SHALL  BE  RESOLVED  BY  BINDING  ARBITRATION.  ARBITRATION 
REPLACES THE RIGHT TO GO TO COURT. IN THE ABSENCE OF THIS 
ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD 
A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A 
JUDGE OR JURY AND/OR TO PARTICIPATE IN OR BE REPRESENTED 
IN  A  CASE  FILED  IN  COURT  BY  OTHERS  (INCLUDING,  BUT  NOT 
LIMITED TO, CLASS ACTIONS). EXCEPT AS OTHERWISE PROVIDED, 
ENTERING  INTO  THIS  AGREEMENT  CONSTITUTES  A  WAIVER  OF 
YOUR  RIGHT  TO  LITIGATE  CLAIMS  AND  ALL  OPPORTUNITY  TO  BE 
HEARD BY A JUDGE OR JURY.
Parties and Matters Subject to Arbitration: For purposes of this Provision, 
“you”  and  “us”  include  the  employees,  parents,  subsidiaries,  affiliates, 
beneficiaries,  agents  and  assigns  of  you  and  us.  For  purposes  of  this 
Provision, “Claim” means any claim, dispute or controversy by either you 
or us, arising out of or relating in any way to this Contract, this Provision 
(including claims regarding the applicability, enforceability or validity of this 
Provision), your Credit Account, any transaction on your Credit Account and 
our  relationship.  “Claim”  also  refers  to  any  interaction  or  communication 
between  you  and  us  that  occurred  prior  to  or  concurrent  with  entering 
into this Contract, including those now in existence, regardless of present 
knowledge. “Claim” shall refer to claims of every kind and nature, including, 
but not limited to, initial claims, counterclaims, cross-claims and third party 
claims. All Claims are subject to arbitration, regardless of legal theory and 
remedy sought, including, but not limited to, claims based in contract, tort 
(including negligence, intentional tort, fraud and fraud in the inducement), 
agency, statutory law (federal and state), administrative regulations or any 
other source of law (including equity).
Agreement to Arbitrate: Any Claim arising out of or relating to this Contract, 
or the breach of this Contract or your Credit Account, shall be resolved and 
settled exclusively and finally by binding arbitration, in accordance with this 
Provision. Binding arbitration shall not be required, however, for collection 
actions by us relating to your Credit Account. Furthermore, both you and 

we retain the right to pursue in a small claims court any Claim that is within 
that court’s jurisdiction, provided the Claim proceeds on an individual basis. 
However, only a court of law, not an arbitrator, shall determine the validity 
and effect of this Provision’s prohibition of class arbitration. For any Claims 
covered by this Provision, a party who asserted a Claim in a lawsuit in court 
may elect arbitration with respect to any Claim subsequently asserted in that 
lawsuit by any other party.
Voluntary  Waiver  of  the  Right  to  a  Jury  Trial  and  Class  Action 
Participation:  As  a  result  of  this  Provision,  neither  you  nor  we  have  the 
right to litigate any Claim in court or the right to a jury trial on any Claim, 
except as provided above. YOU AGREE THAT YOU ARE VOLUNTARILY 
AND  KNOWINGLY  WAIVING ANY  RIGHT  YOU  MAY  HAVE  TO  GO  TO 
COURT OR TO HAVE A JURY TRIAL. FURTHERMORE, NEITHER YOU 
NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY 
GENERAL,  OR 
IN  ANY  OTHER  REPRESENTATIVE  CAPACITY. 
SIMILARLY, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER 
OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.
Prohibition of Class Arbitration: All Claims shall be resolved by binding 
arbitration  on  an  individual  basis.  Claims  made  and  remedies  sought  as 
part of a class action, private attorney general or other representative action 
are  subject  to  arbitration  on  an  individual  (non-class,  non-representative) 
basis.  Therefore,  the  arbitrator  has  no  authority  to  conduct  class-wide 
proceedings  and  will  be  restricted  to  resolving  individual  Claims.  UNDER 
THIS ARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY 
FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. Arbitration 
will only be conducted on an individual Claim basis and there is no right or 
authority to consolidate or join any of your Claims with any other Claims. 
YOU  AGREE  THAT  YOU  ARE  VOLUNTARILY  AND  KNOWINGLY 
WAIVING  ANY  RIGHT  TO  PARTICIPATE  AS  A  REPRESENTATIVE  OR 
MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM 
SUBJECT TO ARBITRATION UNDER THIS PROVISION.
Governing  Law:  This  agreement  to  arbitrate  is  made  pursuant  to  a 
transaction  involving  interstate  commerce  and  shall  be  governed  by  the 
Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended. If for any 
reason the Federal Arbitration Act does not apply, the substantive law of the 
State of South Dakota shall govern this Provision.
Arbitration Location and Procedure: Any arbitration hearing at which you 
wish to appear will take place at a location within the federal judicial district 
that includes your billing address at the time the Claim is filed. The party 
bringing the Claim may file its Claim at the American Arbitration Association 
(“AAA”), or an arbitration organization mutually agreed upon by the parties. 
The  arbitration  organization  that  is  selected  will  administer  the  arbitration 
pursuant  to  its  procedures  in  effect  at  the  time  of  filing,  subject  to  this 
Provision. If you do not agree to file your claim with AAA, and the parties 
cannot agree on an alternative arbitration organization, an arbitrator will be 
appointed by a court pursuant to the Federal Arbitration Act. In the event of 
a conflict or inconsistency between the respective organization’s rules and 
this Provision, this Provision shall govern. The arbitration will be conducted 
before  a  single  arbitrator,  whose  authority  is  limited  solely  to  individual 
Claims between you and us. The arbitration will not be consolidated with 
any other arbitration proceeding. Any decision rendered in such arbitration 
proceeding will be final and binding on the parties and judgment may be 
entered in a court of competent jurisdiction. The rules and forms of AAA may 
be obtained as follows: American Arbitration Association, (1-800-778-7879), 
335 Madison Avenue, Floor 10, New York, NY 10017, website at www.adr.
org.
Arbitrator’s Authority: The arbitrator shall apply the applicable substantive 
law,  consistent  with  the  Federal  Arbitration  Act;  shall  apply  statutes 
of  limitation;  and  shall  honor  claims  of  privilege  recognized  at  law.  In 
conducting  the  arbitration  proceeding,  the  arbitrator  shall  not  apply  any 
federal or state rules of civil procedure or evidence. PURSUANT TO THIS 
ARBITRATION  PROVISION,  THERE  IS  NO  RIGHT  TO  ENGAGE  IN 
PREARBITRATION  DISCOVERY  EXCEPT AS  PROVIDED  FOR  IN  THE 

RULES AND PROCEDURES OF THE RESPECTIVE CHOSEN NATIONAL 
ARBITRAL ORGANIZATION. Either party may, however, request to expand 
the scope of discovery. If a request is made, within 15 days of the requesting 
party’s  notice,  the  objecting  party  may  submit  objections  to  the  arbitrator 
with a copy of the objections provided to the party requesting expansion. 
The grant or denial of a party’s request will be in the sole discretion of the 
arbitrator, who shall notify the parties of the final decision within 20 days of 
the objecting party’s submission.
The  Arbitrator’s  Award:  The  arbitrator  has  the  ability  to  award  to  the 
prevailing party all remedies available at common law, by statute or in equity, 
including  injunctive  relief,  declaratory  relief,  arbitration  costs  and  attorney 
fees. The arbitrator shall not, however, have authority to award any punitive 
damages. YOU AND WE AGREE THAT PUNITIVE DAMAGES ARE NOT 
RECOVERABLE  IN  ANY  ARBITRATION  OR  OTHER  PROCEEDING 
UNDER  THIS  CONTRACT  EXCEPT  TO  THE  EXTENT  PUNITIVE 
DAMAGES  WOULD  BE AVAILABLE  IN  LITIGATION.  For  awards  not  in 
excess of $5,000.00, upon the timely request of any party, the arbitrator shall 
provide a brief written explanation of the basis for the award. In the event 
an award exceeds $5,000.00, or in which there is a request for equitable 
relief with a potential financial impact or value in excess of $5,000.00, the 
award  of  the  arbitrator  shall  be  in  writing  and  shall  specify  the  facts  and 
the law on which it is based. In such case, the arbitrator’s findings of fact 
must be supported by substantial evidence and the arbitrator’s conclusions 
of law must not be based on legal error or be erroneous under the applicable 
substantive law. Further, in addition to the Federal Arbitration Act’s grounds 
for vacation, modification or correction of the arbitrator’s award, the parties 
shall have the right to judicial review of the arbitrator’s award to determine 
whether  the  arbitrator’s  findings  of  fact  are  supported  by  substantial 
evidence  and  whether  the  arbitrator’s  conclusions  of  law  are  based  on 
legal error or are erroneous under the applicable substantive law. Judgment 
upon  the  award  rendered  by  the  arbitrator  may  be  entered  in  any  court 
having jurisdiction thereof. However, if the award is in excess of $5,000.00, 
judgment  may  be  entered  only  upon  determination  by  the  court  that  the 
award is supported by substantial evidence and is not erroneous or based 
on legal error.
Expenses: Regardless of who demands arbitration, we will pay all expenses 
of  arbitration,  including  the  filing,  administrative,  hearing  and  arbitrator’s 
fees  (“Arbitration  Fees”),  to  the  extent  that  the  Arbitration  Fees  exceed 
the  amounts  you  would  be  required  to  pay  for  filing  a  lawsuit  in  a  court. 
Throughout  the  arbitration,  each  party  shall  bear  his  or  her  own  attorney 
fees and expenses, such as witness and expert witness fees. If you prevail 
in the arbitration of any Claim against us, we will reimburse you for any fees 
you paid to the arbitration organization in connection with the arbitration.
Binding Effect and Survival: You and we agree that, except as specifically 
provided for above, the arbitrator’s decision will be final and binding on all 
parties subject to this Provision. This Provision is binding upon you, us, and 
the heirs, successors, assigns and related third parties of you and us. This 
Provision shall survive termination of your account, whether it be through 
voluntary  payment  of  the  debt  in  full  by  you,  a  legal  proceeding  initiated 
by us to collect a debt that you owe, a bankruptcy by you or a sale of your 
Credit Account by us.
Severability:  If  any  portion  of  this  Provision  is  deemed  invalid  or 
unenforceable  under  any  law  or  statute  consistent  with  the  FAA,  such 
a  finding  shall  not  invalidate  any  remaining  portion  of  this  Provision,  the 
Contract  or  any  other  agreement  entered  into  by  you  with  us.  However, 
the  prohibition  on  class  arbitration  is  not  severable  from  the  remainder 
of this Provision. In the event that a court deems the prohibition on class 
arbitration to be invalid and unenforceable, any subsequent class action or 
representative proceeding shall be in a court of law and will not be subject 
to binding arbitration.

M-123536

PF

09/17

First PREMIER Bank
CREDIT CARD CONTRACT AND ACCOUNT  
OPENING DISCLOSURES (cont’d)
This Contract explains the terms and conditions of your Credit Account with 
us, including important provisions relating to arbitration and litigation. For 
additional  important  information  on  fees  and  INTEREST  CHARGES 
and  other  contract  provisions  that  apply  to  your  Credit  Account, 
please  review  the Account  Opening  Disclosures  printed  on  the  card 
carrier containing your Card. Be sure to retain all Contract documents for 
future reference.

YOUR CONTRACT WITH US
Your MasterCard® or Visa® brand Credit Account is governed by the terms 
and conditions in this Contract and the Account Opening Disclosures printed 
on the card carrier containing your Card (“Contract”).
Applicable Law: No matter where you live, our Contract with you and the 
terms of your Credit Account will be governed by the laws of the State of 
South Dakota and applicable federal law.
Effective Date: Unless you are a resident of the State of New York, this 
Contract is effective upon the earlier of (1) the first Purchase made or Cash 
Advance taken on your Credit Account, and (2) the expiration of 30 days 
from  the  date  we  issue  the  Card  to  you  if  you  do  not  provide  us  written 
notice of your desire to cancel within this 30 days. If you are a resident of the 
State of New York, this Contract is not effective until the earlier of (1) the first 
Purchase made or Cash Advance taken on your Credit Account, and (2) the 
date you move from the State of New York, unless the date you move from 
the State of New York is less than 30 days from the date we issue a Card 
to you, in which case this Contract will be effective on the date that is 30 
days from the date we issue a Card to you (and not the date you move from 
the State of New York) if you do not provide us written notice of your desire 
to  cancel  within  this  30  days.  In  all  cases,  if  any  fees  are  required  to  be 
paid prior to opening your Credit Account, this Contract will not be effective 
and your Credit Account will not be opened until such fees are paid in full. 
You are not obligated to pay any fees or INTEREST CHARGES (other than 
any fees required to be paid prior to opening your Credit Account) until this 
Contract is effective.

DEFINITIONS USED IN THIS CONTRACT
In this Contract, “we”, “us” and “our” each refer to First PREMIER Bank 
(the “Bank”).
“Authorized User” means any person authorized by you to use the Card 
or Credit Account.
“Billing Cycle” begins on the day after the Statement Closing Date of the 
previous Statement and includes the Statement Closing Date of the current 
Statement.
“Card”  means  all  the  plastic  credit  cards  we  issue  to  you  or  any  other 
person who is authorized to use the Credit Account. In the event we issue 
other devices by which you can access your Credit Account, those devices 
will also be “Cards” for purposes of this Contract.
“Closing Date” means the last day of any Billing Cycle.
“Credit Account” means the credit card account that we open for you and 
the  relationship  that  is  established  between  you  and  us  by  this  Contract. 
This Credit Account is used to record transaction activity made by you when 
you access or otherwise utilize the line of credit we extend to you when you 
use your Card.
“New Balance” means the outstanding balance of your Credit Account at 
the end of any Billing Cycle. The New Balance is the sum of the Previous 
Balance (defined as the New Balance shown on your last Statement) less 
payments  and  credits,  plus  new  Cash Advances  and  Purchases  and  our 
charges posted during the Billing Cycle.

“Payment  Due  Date”  means  the  date  we  must  receive  your  payment, 
which is not less than 27 days from the Closing Date.
“Proper Form” means that a payment sent by mail or courier follows these 
guidelines:

•  Payments must be sent to the address on the payment coupon of your 

Statement.

•  Payments must be made by check or other negotiable instrument in 

U.S. dollars payable to First PREMIER Bank.

•  All checks or negotiable instruments must be drawn on a U.S. bank or 

at a U.S. branch of a foreign bank.

•  Payments must not be in the form of cash or third-party checks.
• Your  payment  coupon  must  be  included  with  your  payment.  If  your
payment  coupon  is  not  included,  your  name  and  account  number 
must be printed legibly on your check or negotiable instrument.
“Related Credit Account(s)” means any Credit Accounts established using 
the same Social Security Number.
“Statement” is a summary of your Credit Account activity provided to you at 
the end of each Billing Cycle.
“Total  Minimum  Amount  Due”  means  the  total  minimum  amount  we 
request  that  you  pay  each  month  as  indicated  on  your  Statement.  This 
amount  includes  the  Minimum  Payment,  any  Past  Due Amount  and  any 
Amount Over Limit Due, which is the amount by which the New Balance 
exceeds  your  Credit  Limit.  (See  the  Minimum  Payment  provisions  on  the 
Account  Opening  Disclosures  printed  on  the  card  carrier  containing  your 
Card  for  more  information  on  how  the  “Total  Minimum  Amount  Due”  is 
calculated.)
“You” and “your” mean each and every person who is authorized to use 
the Credit Account, including Authorized Users, joint account holders and 
other persons you authorize to use the Card. 
Other important words used in this Contract begin with capital letters. They 
are defined throughout this Contract.

USING YOUR CARD

Sign Your Card: Be sure to sign your Card before you use it.
If  You  Do  Not  Want  the  Card:  If  you  do  not  want  the  Card  and  Credit 
Account, you must contact us by telephone or in writing asking us to close 
your Credit Account.
Do Not Give Your Card to Others: Cards may not be given to anyone else 
to use. Other people who want a Credit Account should apply separately.
Your  Responsibility  for  Authorized  Users:  If  another  person  is  given 
access  to  your  Credit  Account  with  your  express  or  implied  permission, 
notwithstanding  the  provision  above,  that  person  is  an  Authorized  User, 
even if we did not issue an additional Card in the Authorized User’s name. 
At your request, and if we agree, we may issue an additional Card in the 
name of an Authorized User with your Credit Account number.
You  will  be  responsible  for  all  charges,  Cash  Advances,  INTEREST 
CHARGES,  Purchases  and  fees  incurred  by  any  Authorized  User.  We 
are not required to try to obtain payment from any Authorized User before 
requiring payment from you. 
If you wish to remove an Authorized User from your Credit Account you must 
contact us either by telephone or in writing. You will still be responsible for 
payment of all Purchases, Cash Advances, INTEREST CHARGES and fees 
incurred or obtained by the Authorized User. We may close your existing 
Credit Account and issue you a new Card and account number. You and 
each  Authorized  User  agree  that  we  may  report  account  information  to 
Consumer Reporting Agencies in the names of both you and the Authorized 
User.
Lost or Stolen Cards: To protect your rights, you must notify us immediately 
at  1-800-987-5521  if  your  Card  is  lost  or  stolen  or  if  you  suspect  that  it 
has  been  used  or  may  be  used  without  your  permission.  If  your  Card  is 
reported  as  lost  or  stolen  or  you  are  claiming  unauthorized  use  of  your 
Credit Account or Card, we may require you to file one or more reports with 
the appropriate law enforcement agencies and us prior to our removal of 

possible unauthorized charges made against your Credit Account. You will 
not be liable for unauthorized use of your Card. Certain exceptions apply.
Refusal  to Accept  Your  Card:  We  are  not  responsible  if  any  person  or 
merchant does not accept your Card, or if an ATM or other device fails to 
properly operate. All transactions, even when you get a receipt, are subject 
to our final verification.
Cards Are Our Property: You agree to return each Card issued on your 
Credit Account to us upon our demand.

USING YOUR CREDIT ACCOUNT
Your Promise To Pay: You agree to pay us for all charges, Cash Advances, 
INTEREST CHARGES, Purchases and fees incurred on your Credit Account 
by you, or by any Authorized User, as well as any other fees imposed by us, 
as explained in this Contract. If more than one person requests or accepts 
the Credit Account, each and every person individually and jointly are 
responsible for payment until the account is paid in full.
Joint Account Holders: If this is a joint Credit Account, each person who 
signed the application: (1) may obtain Purchases and Cash Advances not 
to exceed the total credit limit; (2) will be responsible for paying all amounts 
owed; and (3) can close the Credit Account.
Accessing  Your  Credit  Line:  You  can  use  the  Card  and  your  Credit 
Account to make Purchases and obtain Cash Advances. Upon your request, 
you  may  be  assigned  a  Personal  Identification N umber ( PIN). I f a  P IN is 
assigned to you, you can obtain a Cash Advance at any authorized ATM by 
using the Card and PIN.
Understanding  Your  Credit  Limit:  Your  “Credit  Limit”  is  the  maximum 
amount of credit we have approved for your Credit Account. The amount 
of your Credit Limit is printed on the card carrier containing your Card and 
on your Statements. Your balance may not exceed your Credit Limit at any 
time. At our sole discretion, we may honor Purchases or Cash Advances in 
excess of your Credit Limit without raising your Credit Limit. If we do, we 
may require you to pay us any amount over your Credit Limit immediately. 
Decisions  on  Credit  Limit  increases  may  be  based  on  your  performance 
under this Credit Account and other Related Credit Accounts you have with 
us and other credit criteria. If we have previously allowed your balance to 
exceed your Credit Limit, it does not mean that we will permit your balance 
to exceed your Credit Limit again. We reserve the right to approve or deny 
authorizations or transactions from any merchant at our sole discretion. 
Obtaining Cash Advances: You may take Cash Advances on your Credit 
Account in any of the following ways: By presenting the Card to us or any 
other participating MasterCard® or Visa® financial institution to obtain cash, 
by using the Card at an authorized merchant, other non-bank entity, or an 
Automated  Teller  Machine  (ATM)  or  other  device  to  obtain  cash  or  cash 
equivalent,  or  to  make  a  transfer  from  your  Credit Account  to  any  other 
deposit or loan account. Even if you use your Credit Account to obtain cash 
from a non-bank entity, the transaction will be described as a Bank Cash 
Advance.
You  may  not  take  Cash  Advances  in  excess  of  $500.00  per  day.  The 
minimum  Cash  Advance  per  transaction  is  $20.00.  For  Credit  Accounts 
opened  on  or  after  June  1,  2003,  your  initial  Cash Advance  limit  will  be 
10%  of  your  assigned  Credit  Limit.  Once  your  Credit Account  has  been 
open and active for a minimum of 90 days, has two consecutive months of 
current payment history, is not currently delinquent and no payments have 
been returned for the past 60 days, your Cash Advance availability may be 
increased to 50% of the assigned Credit Limit. For example, if your Credit 
Limit is $250.00, your beginning Cash Advance limit will be $25.00 and may 
increase to $125.00 once the criteria above are met.

RECEIVING STATEMENTS, OTHER INFORMATION AND 
COMMUNICATIONS FROM US
Where  We  Send  Statements:  We  will  send  Statements  and  any  other 
notices  to  you  at  the  address  shown  in  our  files.  If  this  is  a  joint  Credit 
Account, we can send Statements and notices to either of you. You agree to 
notify us promptly of any change in your address. We may accept address 

changes  or  corrections  from  the  United  States  Postal  Service.  We  may 
also mail Statements and other communications to you at any address we 
determine to be an address at which you can receive mail. If you elect to 
receive Statements and other communications electronically, we may send 
those Statements and communications as directed by you.
When You Receive Your Statements: We will send you a Statement at the 
end of each monthly Billing Cycle in which your Credit Account has a debit 
or credit balance of more than $1.00, if an INTEREST CHARGE has been 
imposed or if other account activity has occurred. Your Statements will arrive 
around the same time each month, however we reserve the right to change 
the date of your Billing Cycle at any time.
Understanding  Your  Statement:  The  Statements  we  send  to  you  will 
reflect the activity and our INTEREST CHARGES and other charges, costs 
and  fees  on  your  Credit Account  during  the  Billing  Cycle.  They  will  also 
show  your Total  Minimum Amount  Due  and  Payment  Due  Date,  which  is 
the date by which we must receive payment. The information contained on 
the Statement will be deemed to be correct unless you advise us in writing 
of any error within 60 days of the date on which we send your Statement. If 
there are more than one of you living at different addresses, we will send the 
Statements only to the person named as the “Applicant” in your application.
Consent  to  calls  and  messages  using  autodialer,  prerecorded 
message  and  artificial  voice:  You  agree  and  expressly  consent  that 
we  and  our  agents,  affiliates,  contractors,  subcontractors,  and  assignees 
may  call  or  contact  you  at  any  cellular,  mobile,  home,  work,  or  other 
telephone  number,  electronic  mail  address,  or  other  digital  or  electronic 
communication terminal, link, point or address of any kind whatsoever that 
(a) you provide or use to contact us, (b) we obtain from a third party such
as  an  employer,  friend,  family  member,  another  creditor,  or  person  with
whom you have done business, or (c) we obtain through any legal means,
including without limitation, a caller identification system that captures your 
number.  You expressly consent to receiving calls, text messages and other 
communications from us, our agents, affiliates, contractors, subcontractors, 
and  assignees  on  any  number  that  is  assigned  to  a  cellular  telephone
service,  wired  telephone  service,  paging  service,  facsimile  machine,
specialized  mobile  radio  service,  radio  common  carrier  service,  internet
protocol service, or other electronic, digital or analog service that is placed
through or utilizes an automatic telephone dialing system, artificial voice or 
pre-recorded  message,  or  any  other  technology,  even  if  you  incur  a  cost 
when we contact you.  You accept responsibility for all costs you incur when 
contacted through any of these means.
Indemnification:  You  agree  to  indemnify  us  for  all  damages,  costs  and
expenses, including reasonable attorney fees, we incur when we attempt
to contact you at any third party’s telephone number that you provide to us, 
including any number for which you fail to notify us is no longer associated
with you as the subscriber.
E-mail: By providing us with your e-mail address, you consent to receive 
correspondence  electronically  from  us  and  our  affiliates  and  service 
providers. You agree that we may communicate with you by e-mail for any 
lawful reason.
Other Communication Devices: If you provide us with any other form of
electronic communication mechanism, you agree that we may communicate 
with you by that mechanism for any lawful reason.

ABOUT YOUR PAYMENTS
Amount of Payment: You must make Minimum Payments on your Credit 
Account. Refer to the Minimum Payment provisions in the Account Opening 
Disclosures  printed  on  the  card  carrier  containing  your  Card  for  more 
detailed information. Payments made in any Billing Cycle that are greater 
than the Total Minimum Amount Due will not affect your obligation to make 
the  next  monthly  Minimum  Payment.  Each  month  your  Statement  shows 
a New Balance you must pay the Total Minimum Amount Due. Generally, 
credits to your Credit Account, such as those generated by merchants, are 
not treated as payments on your Credit Account and will not reduce your 
Total Minimum Amount Due. You have until the Payment Due Date shown 

on  the  front  of  your  Statement,  which  is  not  less  than  27  days  from  the 
Closing Date, to pay the Total Minimum Amount Due.
Applying  Your  Payments:  We  may  apply  your  payment  to  whichever 
balances  we  choose  to  the  extent  it  does  not  exceed  the Total  Minimum 
Amount  Due  shown  on  your  Statement.    The  amount  of  your  payment 
in  excess  of  the  Total  Minimum Amount  Due  will  be  applied  to  balances 
subject to the highest APR prior to balances subject to lower APRs.  We 
may apply your payment to principal amounts, INTEREST CHARGES, fees 
and other charges in any order we choose, and we may change the order of 
application of payments from time to time at our discretion.
Availability  of  Credit:  Available  credit  created  as  a  result  of  payments 
posted to your Credit Account may not be available for up to 20 days, or even 
longer if circumstances warrant an additional hold, or if we deem ourselves 
at  risk  for  any  reason.  Your  available  credit  may  be  limited,  from  time  to 
time, if you provide your Credit Account number or Card to a merchant that 
processes advance authorizations, such as hotels, motels and car rental. 
Such an authorization may limit your ability to make Purchases and take 
Cash Advances on your Credit Account until the authorization is canceled 
by the merchant and your available credit is released.
Electronic Check Presentment: When you send us a personal check, you 
authorize us to either use information from your check to make a one-time 
electronic transfer from your account, or to process the payment as a check 
transaction. If your check is processed electronically, your canceled check 
will not be returned to you by your financial institution. We will retain an image 
of your electronically processed check(s) as required by law. If requested 
prior to the time we are allowed by law to destroy electronically processed 
checks,  we  will  provide  you  with  a  copy  of  your  electronically  processed 
check(s)  upon  your  request.  Funds  may  be  withdrawn  from  your  bank 
account as soon as the day your payment is received. We agree to accept 
your checking account statement as proof of payment. The description on 
your checking account statement will read: PREMIER CR CARD CHECK-
PAYMT, serial number of the check, amount of the payment and date of the 
transaction. If you choose to opt out of electronic check presentment, please 
call our Customer Service Department at 1-800-987-5521.
Late Payments: We may accept late payments, partial payments or checks 
or  other  payment  instruments  marked  to  impose  terms  or  conditions  of 
acceptance  such  as  “paid  in  full”  without  waiving  any  of  our  rights  under 
this  Contract,  and  no  attempt  by  you  to  impose  any  term  or  condition  of 
acceptance  will  be  effective  against  us.    Satisfaction  of  a  debt  for  less 
than the full amount due or imposition of any other term or condition on us 
requires a written agreement, signed by an authorized Bank representative.

DEFAULT PROVISIONS
Events  of  Default:  You  will  be  in  default  of  this  Contract  if  any  of  the 
following occur on this or any Related Credit Account:

•  You do not pay at least the Total Minimum Amount Due on your Credit 

Account on or before the Payment Due Date.

•  You die or become legally incompetent. 
•  You become insolvent or bankrupt. 
•  You exceed or attempt to exceed your Credit Limit.
• You  provide  us  with  or  have  provided  us  with  false  or  misleading

information or signatures at any time. 

•  You fail to comply with this Contract.
• You  fail  to  make  any  payment  or  perform  any  promise  in  any

agreement or obligation you have with us. 

• Any judgment, lien, attachment or execution is issued against you or

your property. 

•  You request an excessive number of replacement Cards.
• We reasonably believe that you will not pay amounts owed to us for

any reason.

If You Are In Default: Upon your default of this Contract, we will have all 
remedies  provided  by  law  including,  without  limitation,  and  without  prior 
notice or demand, the right to:

•  Deny use of your Credit Account.
•  Close or refuse to renew your Credit Account.
•  Demand the return of your Card(s).
•  Declare your entire balance immediately due and payable.
• 
Initiate collection activity.
•  Not replace your Card(s).

Collection Costs: To the extent permitted by law, you must pay all court and 
collection costs, including reasonable attorneys’ fees, the costs of placing 
your  Credit Account  in  the  Warning  Bulletin  and  the  costs  of  confiscating 
your Card, that we incur as a result of your default.

CLOSING YOUR CREDIT ACCOUNT
We May Suspend or Close Your Credit Account: We may suspend your 
Credit  Account  privileges  or  permanently  cancel  and  close  your  Credit 
Account at any time, for any reason.
You May Close Your Credit Account: You may cancel your Credit Account 
at any time by notifying us by telephone or in writing. Even after your Credit 
Account is closed, you remain responsible for paying any amounts you owe 
on the Credit Account according to the terms of this Contract. If this is a joint 
Credit Account, either of you may request that the Credit Account be closed 
and we will honor that request. 
Non Use Inactivity Closure: If you have never made a payment or used 
your Credit Account for a Purchase or Cash Advance, your Credit Account 
will be automatically closed, and all fees posted to your Credit Account will 
be  reversed,  when  your  Credit Account  becomes  50  days  delinquent  (75 
days  from  the  initial  Statement  Closing  Date  if  you  are  a  resident  of  the 
State of New York).

REFUND DISCLOSURE
Initial  Fee  Refunds:  The  following  describes  our  policy  concerning  the 
refund of the Program Fee and initial fees (those fees that are billed on your 
first statement):

When we will provide a full refund.  We will refund the Program Fee 
and initial fees if you have not made a Purchase or obtained a Cash 
Advance and either of the following are true:

•  Your account is closed within 11 days following the payment due 

date shown on your first billing statement; or

•  Your account is closed before you pay anything after receiving a 

billing statement.

When  we  will  provide  a  partial  refund.    If  your  account  is  closed 
more  than  11  days  after  the  payment  due  date  on  your  first  billing 
statement, we will refund the unpaid amount of the outstanding fees 
even if you have made a payment after receiving a billing statement as 
long as you have not made a Purchase or obtained a Cash Advance.  
However,  we  will  not  refund  any  amount  you  have  previously  paid, 
including the Program Fee or any other fees billed to your account.
When we will not provide a refund.  We have no obligation to refund 
fees or interest after you make a Purchase or obtain a Cash Advance 
following receipt of these disclosures.      

We will also refund any amount of the Program Fee you have paid if your 
account is not opened within 85 days after we approve your application.
Credit  Limit  Increase  Fee  Refunds:    We  will  refund  the  Credit  Limit 
Increase Fee if you reject the credit limit increase within 30 days after the 
date of the billing statement on which the fee is billed.  This will result in a 
reversal of the credit limit increase.

OTHER TERMS AND CONDITIONS
Severability: If any provision of this Contract is invalid or unenforceable, 
it shall not affect the validity or enforceability of any other provision of this 
Contract. 
Changing This Contract: We may change this Contract from time to time. 
For example, we may change your Credit Account number or the Minimum 
Payment,  add  new  INTEREST  CHARGES  or  fees,  change  the  ANNUAL 
PERCENTAGE  RATE  or  change  the  method  of  computing  the  balance 
upon which we impose INTEREST CHARGES. We may also make other 

changes.  We  will  notify  you  in  writing  of  any  change  if  required  by  law. 
Contract changes will apply to amounts you owe at the time the change is 
effective and to new transactions on your Credit Account, unless otherwise 
required by law.
Information Sharing: The following describes your agreement with us with 
respect to information sharing. By requesting, obtaining or using a Credit 
Account from us you agree that we may release information in our records 
regarding you and your Credit Account:

• To  comply  with  any  properly  served  subpoena  or  similar  request

issued by a state or federal agency or court.

•  To share your credit performance with Consumer Reporting Agencies 
and other creditors who we reasonably believe are or may be doing
business with you on your Credit Account. 

• To provide information on your Credit Account to any third party who
we  believe  is  conducting  an  inquiry  in  accordance  with  the  Federal
Fair Credit Reporting Act.

• To share information with our employees, agents or representatives

performing work for us in connection with your Credit Account.

• To  communicate  information  as  to  our  transactions  or  experiences
with  you  to  persons  or  entities  related  by  common  ownership  or
affiliated by corporate control or with any third party (including non-
affiliates).

We may also share information such as: (1) information other than our 
own transactions with you with persons or entities related to the Bank 
by common ownership or corporate control; or (2) information on your 
Credit Account with certain companies to provide or offer you selected 
products, services or cardholder benefits. You may direct us not to share 
one or both of these. If this is your request call 1-800-987-5521 or notify us in 
writing at First PREMIER Bank, P.O. Box 5528, Sioux Falls, SD 57117-5528. 
Be  sure  to  include  your  name,  address  and  Credit Account  number.  You 
may receive a copy of our information on your Credit Account by writing or 
calling us at the address or telephone number listed above. By requesting or 
obtaining a Credit Account, you authorize us to check your credit history. You 
authorize your employer, bank and any other references listed to release 
and/or verify information to us and our affiliates in order to determine your 
eligibility  for  the  Credit  Account  and  any  renewal  or  future  extension  of 
credit. If you ask, you will be told whether or not consumer reports on you 
were requested and the names of the Consumer Reporting Agencies, with 
their addresses, that provided the reports. If you designate an Authorized 
User to use your Card, you understand that account information may also be 
reported to Consumer Reporting Agencies in the Authorized User’s name.
No Waiver: Even if we do not exercise any right we may have against you, 
we do not intend to waive that right. We can exercise it against you in the 
future.
Binding  Effect  Upon  Death  or  Incompetency:  If  we  pay  a  merchant 
for a Purchase or post a Cash Advance to your Credit Account before we 
receive actual written notice of your death or incompetence, or if we pay a 
merchant for a Purchase made by you or post a Cash Advance taken by 
you prior to your death or incompetence, that transaction will be a valid and 
binding Credit Account obligation upon you, your estate and your personal 
representatives.
Our Liability To You: We have no liability to you, other than as placed on 
us by law. We will meet our duty to care for your Credit Account(s) under 
reasonable banking procedures. Our mere clerical error or honest mistake 
will not be considered a failure to perform any of our obligations.
Transactions  in  Foreign  Currencies:  If  you  make  a  transaction  in  a 
foreign  currency,  it  will  be  converted  into  U.S.  dollars,  and  you  agree  to 
accept the converted amount. Visa USA, Inc. or MasterCard International, 
Inc. will use its currency conversion procedures in effect when processing 
the transaction. The currency conversion rate will be a rate selected by Visa 
or MasterCard, as applicable, from the range of rates available in wholesale 
currency markets for the applicable central processing date, which rate may 
vary from the rate Visa or MasterCard itself receives, or the government-