Dated 08/24/10 

PRICING INFORMATION SUPPLEMENT TO THE CARDHOLDER 
AGREEMENT 

The information provided below in this Pricing Information Supplement, along with the Cardholder 
Agreement(s) reflects certain account pricing and terms that were available to certain applicants 
that applied for and were approved for a certain credit card  account on the last business day of 
the  calendar  quarter  that  ended  on  7/31/2010.  These  account  terms may  not  be  available  after 
that date.  

These documents are being provided to you for informational purposes only. If you apply and are 
approved  for  a  credit  card  account  with  us,  your  actual  account  terms  will  be  based  upon  the 
terms  of  the  offer  available  at  the  time  that  you  applied,  what  you  are  approved  for  and  your 
actual  Cardholder  Agreement  will  be  the  agreement  sent  to  you  when  your  account  is  first 
opened. 

Interest Rates and Interest Charges  
Annual Percentage Rate 
(APR) for Purchases  

19.99% 

This is a variable rate that is calculated by adding a margin of 
16.74% to the Prime Rate* as reported in the Wall Street 
Journal as of the last day of each calendar quarter.  The 
interest rate on the account is adjusted 30 calendar days 
after the end of the calendar quarter. Your APR may increase 
based on the amount of the Prime Rate when your account is 
adjusted. An increase in your APR may increase the amount 
of your minimum monthly payment. There is no limitation on 
how much the APR may vary each time it changes. 

APR for Balance Transfers  19.99% 

This is a variable rate that is calculated by adding a margin of 
16.74% to the Prime Rate* as reported in the Wall Street 
Journal as of the last day of each calendar quarter.  The 
interest rate on the account is adjusted 30 calendar days 
after the end of the calendar quarter. Your APR may increase 
based on the amount of the Prime Rate when your account is 
adjusted. There is no limitation on how much the APR may 
vary each time it changes. 

APR for Cash Advances  

19.99% 

This is a variable rate that is calculated by adding a margin of 

#13062037 v4 

 
 
 
 
 
 
 
 
 
 
 
 
 
16.74% to the Prime Rate* as reported in the Wall Street 
Journal as of the last day of each calendar quarter.  The 
interest rate on the account is adjusted 30 calendar days 
after the end of the calendar quarter. Your APR may increase 
based on the amount of the Prime Rate when your account is 
adjusted. There is no limitation on how much the APR may 
vary each time it changes. 

How to Avoid Paying 
Interest on Purchases  

Minimum Interest Charge  

Your due date is at least 21 days after the close of each 
billing cycle. We will not charge you interest on purchases if 
you pay your entire balance by the due date each month.  
If you are charged interest, the charge will be no less than 
$1.00.  

 Fees  
Set-up and Maintenance Fees   NOTICE: Some of these set-up and maintenance fees will be 

assessed before you begin using your card and will reduce 
the amount of credit you initially have available. For example, 
if you are assigned the minimum credit limit of $300, your 
initial available line of credit will only be about $240.00 

You may still reject the this plan, provided you have not yet 
used the account or paid a fee after receiving a billing 
statement. If you do reject the plan, you are not responsible 
for any fees or charges. 
$60.00 

Either $5.00 or 3% of each Balance Transfer whichever is 
greater 

  Annual Fee 
Transaction Fees  

  Balance Transfer Fee 

  Cash Advance  

Either $10.00 or 3% of Cash Advance whichever is greater 

  Foreign Transaction  

Either $5.00 or 3% of the transaction amount whichever is 
greater 

Penalty Fees  

  Late Payment  
  Returned Payment 

$25.00 
$25.00 

*  For  example,  as  of  July  31,  2010  the  Prime  Rate  as  reported  in  the  Wall 
Street  Journal  was  3.25%.    After  adding  the  margin  to  the  Prime  Rate,  the 
daily  periodic rate  on  the  account  would  be 0.0548%,  which  is equivalent  to 
an ANNUAL PERCENTAGE RATE of 19.99%.  

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How We Will Calculate Your Balance: We use a method called "average daily 
balance (including new purchases). 

Balance Computation Method 
Interest Charges for a Billing Cycle are calculated separately for each balance 
(for example, Purchases, and Cash Advances). Note that balance transfer 
transactions are included in the cash advance balance. For each balance, we 
figure the interest charge on your account by applying the periodic rate to the 
“average daily balance” of your account. To get the “average daily balance” we 
take the beginning balance of your account each day, add any new purchases, 
cash advances, balance transfers or fees, and subtract any unpaid interest or 
fees and any payments or credits. This gives us the daily balance. Then, we add 
up all the daily balances for the billing cycle and divide the total by the number of 
days in the billing cycle. This gives us the “average daily balance”.   

Interest Charges.  Interest Charges are imposed on Purchases beginning on the 
date a Purchase is posted to your Account.  However, Interest Charges will not 
be  imposed  on  Purchases  made  in  any  Billing  Cycle  in  which  the  Previous 
Balance shown on your Billing Statement is zero and you pay your New Balance 
in  full  by  the  Payment  Due  Date  shown  on  your  Billing  Statement.    Interest 
Charges  are  imposed  on  Cash  Advances  and  Balance  Transfers  beginning  on 
the date a Cash Advance or Balance Transfer is obtained and continuing until the 
balance of your Account is paid in full. There is no time in which you can pay the 
balance  of  Cash  Advances  and  Balance  Transfers  in  order  to  completely  avoid 
Interest Charges. 

Minimum  Interest  Charge.    If  your  Account  is  subject  to  an  Interest  Charge 
during any billing cycle, the Minimum Interest Charge will be $1.00 regardless of 
what the Interest Charge would be otherwise. 

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Variable Terms Addendum 

Credit  Limit.   We  will  determine  from  time  to  time  the  maximum  amount  of 
unpaid outstanding indebtedness you can have in your Account which is your 
credit limit. (“Credit Limit”).  Your initial Credit Limit will range from a minimum 
of  $300  to  a  maximum  of  $5000  based  on  your  creditworthiness  and  your 
available credit will range from $240 to $4,940 after your Annual Fee of $60. 

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4 

 
MASTERCARD® 
CARDHOLDER AGREEMENT  

Please read this agreement carefully and save it for future reference. It contains 
important  state  and  federal  disclosures,  including  Regulation  Z  disclosures  and 
disclosures regarding your rights in case of errors or inquiries about your bill. 

This  is  the  Agreement  (“Agreement”)  that  covers  your  MasterCard  Cardholder 
Account  with  First  Bank  of  Delaware  (“Account”).  In  this  Agreement,  “we”,  “us”, 
and  “our”  refer  to  First  Bank  of  Delaware,  and  to  its  employees,  officers, 
directors,  attorneys,  affiliated  companies  and  assigns.  The  words  “you”  and 
“your”  refer  to  the  person  who  applied  for  the  Account,  any  co-signer,  co-
obligator or guarantor and each person to whom we issue a Card at your request 
or who uses a Card with your consent (an “Authorized User”).  The word “Card” 
means your MasterCard Credit Card. The words “Business Day” means any day 
(excluding  Saturday  and  Sunday  or  legal  holiday)  on  which  banking  institutions 
are  open for general business  in  Delaware.  “Purchases”  mean  using  your Card 
or Account to pay for goods or services. “Cash Advance” means using your Card 
or Account to get cash from ATMs that accept the card or by using cash advance 
checks we may provide to you. “Balance Transfers” means balances from other 
credit cards or loans that we allow in our sole discretion to be transferred to this 
Account. “Fees” means those fees we charge listed below under Fees.  “Interest” 
means the interest charges  we impose on a Purchase, Cash Advance, Fees or 
other  amounts  added  to  your  Account  from  time  to  time.  “Finance  Charge” 
means both Interest and Fees.  

This Agreement becomes effective upon receipt of the Agreement (the “Effective 
Date”).  

To  avoid  unauthorized  use  of  your  Card,  please  sign  the  back  of  your  Card 
immediately. 

How  We  Calculate  Your  Balance:  We  use  a  method  called  the  “average  daily 
balance (including new purchases)”.  See this Agreement for more details. 

Billing  Rights:    Information  on  your  rights  to  dispute  transactions  and  how  to 
exercise those rights is provided in your account agreement. 

Security Interest.  As a condition to approving an Account for you, you must  
maintain  a  deposit  with  us  of  not  less  than  $300  (along  with  any  interest 
earned thereon the “Deposit”).  Your Deposit will be held in an FDIC insured 
comingled  interest  bearing  savings  account  with  other  customers’  deposits 
(“Deposit Account”).  You grant us a security interest and pledge and assign 
to  us  that  portion  of  the  Deposit  Account  represented  by  your  Deposit, 
including any funds deposited following the Effective Date of this Agreement 

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5 

 
 
 
 
 
 
 
to  secure  payment  of  all  of  your  existing  and  future  obligations  under  this 
Agreement and on your Account.  You may add funds to the Deposit Account 
at  any  time.    However,  increases  in  your  Credit  Limit  are  subject  to  credit 
approval.  For cardholders under the age of 21 with a co-signer, the co-signer 
must sign a written statement approving the increase and taking responsibility 
for  repayment  of  the  increase.    With  our  consent,  you  may  also  withdraw  a 
portion  of  your Deposit  in  the  Deposit  Account  so  long  as  it  does  not  cause 
the remaining Deposit to fall below your Credit limit.  You agree that we may 
restrict  your  right  to  obtain  withdrawals  from  the  Deposit  Account.    We 
reserve the right to require you to provide us with seven (7) days notice prior 
to any withdrawal.  We may restrict your right to withdraw all of your Deposit 
in  the  Deposit  Account  until  (i) all  amounts  owed  to  us  on  your Account  are 
paid in full, (ii) we receive from you all unexpired Cards, cut in half and (iii) 10 
weeks  have  elapsed  since  your  Account  was  terminated  to  allow  for  any 
outstanding  transactions  to  be  posted  to  your  Account.    Except  for  your 
Deposit  in  the  Deposit  Account  ,  we  do  not  have  a  security  interest  in  any 
other of your property in connection with your Account.  Should  your Deposit 
be $1.00 or less, no refund of it will be provided to you unless you request it in 
writing.    Funds  in  the  Deposit  Account    are  not  held  in  trust  for  the 
Cardholder.  We have the right to set off and assign to us your Deposit or any 
other  deposit  account  you  have  with  us,  and  apply  such  funds  to  pay  any 
amounts you owe us under this Agreement at any time and for any reason as 
permitted by law.  If you elect to close your Account, you must pay us the total 
amount  due  for  the  Account  within  10  Business  Days  of  Account  closure.  If 
you do not pay us such amount when we request it, we shall have the right to 
use  your  Deposit  to  set  off  amounts  to  satisfy  the  obligation  to  us.    We  will 
refund to you any amounts of your Deposit remaining in the Deposit Account 
after  all  obligations  owed  to  us  are  satisfied  subject  to  the  time  periods 
described above. 

1.  Using  Your  Card.  You  may  use  your  Card  and  your  Account  to  make 
Purchases if your Account is in good standing and you have available credit.  
You  may  also  use  your  Card  and  a  PIN  to  obtain  Cash  Advances  at  an 
automated  teller  machine  (“ATM”).    No  Cash  Advances  are  permitted  within 
the  first  ninety  (90)  days  after  the  Effective  Date  of  this  Agreement.  After 
ninety (90) days have elapsed from the Effective Date of this Agreement, you 
may  obtain  Cash  Advances  as  long  as  the  Cash  Advance  amount  does  not 
increase  your  Account  balance  to  an  amount  greater  than  your  Credit  Limit.  
You may not use the Card or your Account for any illegal transaction or any 
gambling transaction. We will decline identifiable gambling transactions.  We 
may impose restrictions on your Account at any time, including restrictions on 
(a)  the  number  of  transactions  allowed  per  day;  (b)  the  dollar  amount  of 
transactions approved; (c) your ability to obtain Cash Advances; and (d) your 
ability to use your Card at an ATM. 

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If  you  give  your  Account  number  to  make  a  Purchase  or  obtain  a  Cash 
Advance without presenting your Card (such as for a mail order, telephone, or 
Internet purchase), the legal effect will be the same as if the Card itself was 
used by you.  Your Account may be used only for valid and lawful purposes.  

If we, at our option, give you a Personal Identification Number (PIN), you may 
use  your  Card  to  obtain  a  Cash  Advance  from  any  ATM  that  bears  the 
MasterCard  logo.  All  ATM  transactions  are  treated  under  terms  of  this 
Agreement  the  same  as  Cash  Advances.  We  have  the  right  to  restrict  your 
access  to  any  ATM  at  any  time.  You  should  not  keep  your  PIN  with  your 
Card. If you believe that anyone has gained unauthorized access to your PIN, 
you  should  advise  us  immediately,  following  the  procedures  under  the 
heading “Lost or Stolen Card.” 

2.    Credit Limit.   We will  determine from  time  to  time  the maximum  amount of 
unpaid outstanding indebtedness you can have in your Account which is your 
credit limit. (“Credit Limit”).  We can increase or decrease your Credit Limit at 
any time in our sole discretion.  Your initial Credit Limit will be between $300 
and $5,000.  

3.  First Billing Statement, First Payment and Credit Availability.  You agree 
to  pay  the  Annual  Fee  of  $60,  which  will  be  billed  to  your  Account  at  Card 
issuance and will appear on your first  Billing Statement. Interest Charges will 
accrue  on  Fees  on  the  date  that  they  are  posted  to  your  Account.    Your 
available  credit after  these  charges will  be  between  $240  and $4,940  at 
Card issuance.  Your current Credit Limit will appear on each monthly billing 
statement, hereinafter referred to as “Billing Statement”. The maximum Credit 
Limit you can obtain over time is $5,000. You agree that, in accordance with 
and  subject  to  applicable  law,  we  can  change  or  cancel  your  Credit  Limit  at 
any  time,  with  written  advance  notice  if  necessary  without  affecting  your 
obligation to pay the amounts that you owe under this Agreement. You agree 
not to make any Purchase or obtain any Cash Advance that would cause the 
unpaid  balance  of  your  Account  to  exceed  your  Credit  Limit.  We  are  not 
required  to  allow  you  to  make  Purchases,  Balance  Transfers  or  Cash 
Advances that cause your Account to exceed the credit limit, but if we do you 
will be liable for such amount. 

4.  Payments.  You  promise  to pay  to  us  all  Purchases,  Balance Transfers or a 
Cash Advances (including amounts advanced to any Authorized User)  under 
this  Agreement,  plus  all  Finance  Charges  assessed  on  those  amounts,  and 
all  Other  Charges,  costs,  and  fees  which  are  applied  to  your  Account.    All 
payments  must  be  made  in  U.S.  dollars,  and  all  checks  or  other  items 
tendered in payment must be drawn on U.S. financial institutions.  Payments 
must be made to First Bank of Delaware at the address shown on the Billing 
Statement  (“Payment  Address”)  and  must  be  received  by  First  Bank  of 

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Delaware  no  later  than  5:00  p.m.  prevailing  Eastern  time  on  the  date  on 
which they are due (“Payment Due Date”).  If the Payment Due Date falls on 
a  day  which  is  not  a  Business  Day  then  the  Payment  Due  Date  will  be  the 
following Business Day.  You may pay any or all of the amounts you owe at 
any time without penalty, but you must pay at least the minimum payment due 
each  month  (as  shown  on  your  billing  statement,  the  “Minimum  Payment 
Due”)on or before the Payment Due Date and in accordance with any hour of 
receipt  or  other  payment  instructions  shown  on  the  Billing  Statement.    The 
Payment Due Date will be at least twenty-one (21) days after the Billing Cycle 
Closing Date and will be the same date of each calendar month. 

  The  Minimum  Payment  Due  equals  the  greater  of  $40  or  4%  of  the 
outstanding  balance  plus  any  past  due  amount  and  any  balance  in 
excess of your Credit Limit. 

Payments will be applied in a manner we determine to be in accordance with 
applicable  law  and  will  ordinarily  be  applied  to  Finance  Charges,  Other 
Charges  and fees  before  principal balances,  and may  change from  time  to 
time.  Credit to your Account may be delayed up to five (5) days if payment 
is  (a)  not  received  at  the  Payment  Address  or  (b)  not  accompanied  by  the 
payment  coupon  portion  of  your  Billing  Statement.    Delayed  crediting  may 
result in additional Interest Charges and the Late Fees being charged to the 
Account. 

        Paying  by  Check.    If  you  pay  by  check,  you  are  authorizing  us  to  use 
information  on  your  check  to  make  a  one-time  electronic  debit  from  your 
account  at  the  financial  institution  indicated  on  your  check.  This  electronic 
debit  will  be  for  the  amount  of  your  check;  no  additional  amount  will  be 
added  to  the  electronic  debit.  We  will  process  your  payment  using  the 
Automated Clearing House (ACH) system.   When we use information from 
your  check  to  make  an  electronic  fund  transfer,  funds  may  be  withdrawn 
from  your  account  as  soon  as  the  same  day  we  receive  your  payment. 
Electronically  processed  checks  (and  checks  presented  electronically)  are 
not  returned  to  you  by  your  bank.    We  will  retain  an  image  of  your 
electronically processed check as required by law.  In the ordinary course of 
business, your check will not be provided to you with your bank statement, 
but  a  copy  can  be  retrieved  by  contacting  your  financial  institution.  Please 
contact the Customer Service Department at the telephone number on your 
Billing  Statement  to  learn  about  other  payment  options  if  you  prefer  not  to 
have your check used in this way.  

Paying  by  ACH  Authorization  to  Debit  Bank  Account  (“ACH  Debit 
Authorization”).  If  you  have  agreed  to  make  payments  by  having  us 
withdraw funds from a deposit account (“Bank Account”) at another financial 
institution that you designate, you authorize us, and our agents, successors 
and assigns, to withdraw money from the Bank Account for each Minimum 
Payment Due (or a larger amount if you tell us in time,) or if your Account is 

#13062037 v4 

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in  default,  the  total  amount  you  owe  us.    You  agree  that  upon  the 
occurrence of a default we can withdraw the total amount you owe if you do 
not pay us when agreed as described in this Agreement.  You agree we can 
withdraw  money  from  your  Bank  Account  (called  an  “ACH  debit  entry”)  on 
each  Payment  Due  Date    This  right  to  withdraw  money  from  your  Bank 
Account will remain in full force until the earlier of the following occur: (i) you 
pay us everything that you owe us under this Agreement or (ii) you tell us or 
the institution holding your Bank Account (the “Paying Bank”) that we can no 
longer  withdraw  money  from  your  Bank  Account  in  enough  time  to  let  the 
Paying Bank or us stop taking the money out of your Bank Account 

Terminating  ACH  Debit  Authorization.  You  can  terminate  your  ACH 
authorization  if  we  or  the  Paying  Bank  have  received  written  notification 
from  you  of  your  termination  of  such  authorization.  You  may  revoke  this 
authorization at any time provided that it is not less than three (3) Business 
Days prior to the next Payment Due Date.  You understand that even if you 
terminate  the  ACH  Debit  Authorization,  you  are  still  obligated  to pay  us  all 
amounts  due  under  this  Agreement.  If  you  terminate  your  ACH  Debit 
Authorization and we do not receive at least the Minimum Payment Due on 
or by the Due Date, then you authorize us, and our agents, successors and 
assigns, to submit a Remotely Created Check to your Bank Account for all 
amounts  owing  under  this  Agreement.  See  the  paragraph  immediately 
below. 

Remotely  Created  Checks  Authorization.  If  you  timely  revoke  the  ACH 
Debit Authorization, as described above, you authorize us and our agents, 
successors and assigns to create and submit a paper check drawn on your 
Bank  Account  and  bearing  your  typed  name  rather  than  your  handwritten 
signature  (“Remotely  Created  Checks”)  for  the  payment  of  any  amounts 
owed  under  this  Agreement  on  the  Payment  Due  Date.  Your  typed  name 
shall  constitute  your  authorized  signature  fully  reflecting  your  intent  to 
authenticate  these  Remotely  Created  Checks,  which  are  also  known  as 
demand  drafts,  telechecks,  preauthorized  drafts  or  paper  drafts.  If  you 
believe  we  have  charged  your  Account  in  a  manner  not  contemplated  by 
this authorization, then please contact us. 

    Notice  of  Varying  Amounts.  For  those  customers  who  have  chosen  the 
ACH  Debit  Authorization,  please  note  that  you  have  the  right  to  receive 
notice of all withdrawals from your Bank Account by an ACH debit that vary 
in  amount.    However,  by  agreeing  to  let  us  withdraw  the  money  from  your 
Bank Account, you agree we only have to tell you the range of withdrawals 
that we can make.  The range of withdrawals will be either an amount equal 
to  your  minimum  monthly  payment  or  an  amount  equal  to  the  outstanding 
balance  under  the  Account  (which  may  be  greater  than  or  less  than  a 
minimum  monthly  payment  based  upon  your  payment  history),  plus  a 
returned  payment  fee.    For  any  withdrawal  outside  of  this  specified  range, 

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we will send you a notice.  Therefore, by using your Card and accepting this 
Agreement,  you  are  choosing  to  only  receive  notice  when  a  withdrawal 
exceeds the amount in the specified range.  Finally,  you acknowledge that 
the  origination  of  the  withdrawals  to  your  Bank  Account  must  comply  with 
U.S. law.  You authorize us to vary the amount of any withdrawal as needed 
to  repay  minimum  monthly  payments  due  on  the  Account  as  modified  by 
any partial prepayment you make. 

5.  Credit  Availability/Payment  Hold.    Payments  made  by  guaranteed  funds 
(for  example,  money  orders,  cashier’s  checks  and  Western  Union  Quick 
Collect)  will  increase  your  credit  availability  on  the  day  your  payment  is 
posted to your Account. For all other payments (for example payments made 
via  a  checking  account  or  payments  made  via  another  third  party  payment 
system,  which  may  utilize  a  checking  account),  depending  on  the  payment 
amount  and/or  how  long  your  Account  has  been  opened,  and  if  you  have 
previously  made  a  payment  that  was  not  honored  for  any  reason,  such 
payment will not increase your credit availability until we are assured that the 
payment has not been dishonored.  This payment hold may take up to seven 
(7) days. If you use a payment service provided by a third party to deliver your 
payment to  us,  that  third  party  may  charge  you  a  fee for such  service;  such 
third party fees are not paid to us and will not be billed to your Account.   

6.  Irregular  Payments  and  Delay  in  Enforcement,  Waivers  and  Releases. 
We  can  accept  late  payments,  partial  payments,  checks,  and  money  orders 
marked “paid in full” or language having the same effect without losing any of 
our  rights  under  this  Agreement.  All  written  communications  concerning 
disputed  amounts,  including  a  check  or  other  payment  instrument  that  (a) 
indicates  that  the  payment  constitutes  “payment  in  full”  or  is  otherwise 
tendered  as  full  satisfaction  of  a  disputed  amount,  or  (b)  is  tendered  with 
other  conditions  or  limitations,  must  be  marked  or  delivered  to  us  at  the 
address for billing inquiries shown on your Billing Statement, not the Payment 
Address. 

7.  Billing Statements. We will promptly send a Billing Statement at the end of 
each  monthly  Billing  Cycle  if  your  Account  has  a  debit  or  credit  balance 
greater  than  $1.00  or  if  a  Finance  Charge  has  been  imposed.  The  Billing 
Statement will show the Previous Balance, Purchases, Balance Transfers and 
Cash Advances posted during the  Billing Cycle, any Interest Charges, Other 
Charges  and  fees,  and  all  payments,  debits,  and  credits  to  your  Account 
through the Billing Cycle Closing Date. It will also show, among other things, 
your New  Balance,  the  Minimum  Payment  Due,  and  the  Payment  Due  Date 
(which  will  be  at  least  twenty-one  (21)  days  after  the  Billing  Cycle  Closing 
Date).  

8.  Lost or Stolen Card. If you notice the loss or theft of your Card or a possible 
unauthorized  use  of  your  Card,  write  to  us  at  First  Bank  of  Delaware,  PO 

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Box  9211,  Old  Bethpage,  NY  11804  or  call  us  toll  free  at  1-877-578-7552.  
You will not be liable for any unauthorized use of your Card that occurs after 
you notify us. In any case, your liability will not exceed $50.00.  In New York, 
you will not be liable for unauthorized use of the Card that occurs prior to the 
Effective Date.   

9.  Finance Charges. Your Account is subject to the following Finance Charges, 
each of which will be charged to your Account as a Purchase for the purpose 
of calculating Interest Charges: 

Interest Charges.  Interest Charges are imposed on Purchases beginning on 
the  date  a  Purchase  is  posted  to  your  Account.    However,  Interest  Charges 
will  not  be  imposed  on  Purchases  made  in  any  Billing  Cycle  in  which  the 
Previous Balance shown on your Billing Statement is zero and you pay your 
New  Balance  in  full  by  the  Payment  Due  Date  shown  on  your  Billing 
Statement.    Interest  Charges  are  imposed  on  Cash  Advances  and  Balance 
Transfers  beginning  on  the  date  a  Cash  Advance  or  Balance  Transfer  is 
obtained and continuing until the balance of your Account is paid in full. There 
is no time in which you can pay the balance of Cash Advances and Balance 
Transfers in order to completely avoid Interest Charges. 

Interest Charges for Purchases, Balance Transfers and Cash Advances are 
calculated by adding a margin of 16.74% to the Prime Rate as reported in the 
Wall Street Journal as of the last day of each calendar quarter.  The interest 
rate on the account is adjusted 30 calendar days after the end of the calendar 
quarter.  This  APR  will  vary  with  the  market  based  on  the  Prime  Rate.  For 
example,  as  of  July  31,  2010  the  Prime  Rate  as  reported  in  the  Wall  Street 
Journal  was  3.25%.    After  adding  the  margin  to  the  Prime  Rate,  the  daily 
periodic  rate  on  the  account  would  be  0.0548%,  which  is  equivalent  to  an 
ANNUAL  PERCENTAGE  RATE  of  19.99%.  There  is  no  limitation  on  how 
much the APR may vary each time it changes. 

Minimum  Interest  Charge.    If  your  Account  is  subject  to  an  Interest 
Charge  during  any  billing  cycle,  the  Minimum  Interest  Charge  will  be 
$1.00 regardless of what the Interest Charge would be otherwise. 

Balance Computation Method 
Interest Charges for a Billing Cycle are calculated separately for each balance 
(for  example,  Purchases,  and  Cash  Advances).  Note  that  balance  transfer 
transactions are included in the cash advance balance. For each balance, we 
figure the interest charge on your account by applying the periodic rate to the 
“average  daily  balance”  of  your  account.  To  get  the  “average  daily  balance” 
we  take  the  beginning  balance  of  your  account  each  day,  add  any  new 
purchases,  cash  advances,  balance  transfers  or  fees,  and  subtract  any 
unpaid  interest  or fees  and  any  payments  or  credits.  This gives  us  the  daily 
balance. Then, we add up all the daily balances for the billing cycle and divide 

#13062037 v4 

11 

 
 
 
 
 
the total by the number of days in the billing cycle. This gives us the “average 
daily balance”.   

10. Fees 

Cash  Advance  Fee.    In  addition  to  the  Interest  Charge  on  Cash Advances, 
there is a Finance Charge of either $10.00 or 3% of Cash Advance whichever 
is greater posted to your Account that month. 

Balance  Transfer  Fee.    In  addition  to  the  Interest  Charge  on  Balance 
Transfers,  there  is  a  Finance  Charge  of  either  $5.00  or  3%  of  any  Cash 
Advance whichever is greater posted to your Account that month. 

Foreign  Currency  Transaction  Fee.    We  will  assess  a  Foreign  Currency 
Transaction  Fee  equal  to  either  $5.00  or  3%  of  the  transaction  amount 
whichever  is  greater  for  any  transaction  made  in  a  foreign  currency  that  is 
converted to U.S. Dollars by MasterCard.  This fee is a Finance Charge. 

  Other Fees.  Your Account is subject to the following fees, each of which will 
be  charged  to  your  Account  as  a  Purchase  for  the  purpose  of  calculating 
Interest Charges: 

Annual Fee:  Your Account will be assessed an Annual Fee of $60.00 when 
your  Account  is  opened  and  annually  thereafter  on  approximately  the 
anniversary date of your Account.  The Annual Fee is non-refundable except 
as provided in Section 13 below.  Your payment of the Annual Fee does not 
affect  our  right  to  close  your  Account  or  to  limit  your  ability  to  make 
transactions on your Account.   

Late Payment Fee.  If we do not receive a payment from you in at least the 
amount  of  the  Minimum  Payment  Due  by  the  Payment  Due  Date  shown  on 
your  Billing  Statement,  you  will  be  charged  a  Late  Payment  Fee  of  $25.00.  
We may also refer to this Fee as the “late fee” or “late charge”. 

Returned Payment Fee.  If you make a payment on your Account and your 
check or other payment instrument (including an electronic funds transfer or a 
telephone  authorized  draft)  is  not  honored  for  any  reason  or  cannot  be 
processed, we will charge a Returned Payment Fee of $25.00. You authorize 
us  to  make  a  one-time  electronic  fund  transfer  from  your  Bank  Account  to 
collect the fee. 

Additional Card Fee.  If you add an authorized user, after your Account has 
been opened, we will charge a one time Additional Card Fee of $10.00. 

#13062037 v4 

12 

  
 
 
 
 
 
 
 
 
 
 
Rush  Card  Fee.    If  you  request  to  have  an  additional  card  or  replacement 
card sent to you by overnight mail, we will charge a Rush Card Fee of $15.00 
for next day delivery and $5.00 for two day delivery. 

Billing  Statement  Mailing  Fee.  If  you  request  to  receive  Billing  Statements 
by  mail,  we  will  charge  a  Billing  Statement  Mailing  Fee  of  $8.95  per  month 
beginning in the 13th month after the account opening date. 

Billing  Statement  Copy  Fee.    If  you  request  a  copy  of  a  Billing  Statement 
that  is more  than  six  (6)  months  old,  we  will  charge  you  a  Billing  Statement 
Copy Fee of $4.95 for each Billing Statement requested. 

Expedited  Telephone  Payment  Fee.  You  may  call  our  customer  service 
number and request one of our customer service representatives to arrange a 
telephone  payment  on  your  Account  rather  than  by  mail.  We  will  charge  a 
$10.00  Expedited  Telephone  Payment  Fee  for  each  telephone  authorized 
payment. 

11.  Default/Collection  Costs.    Your  Account  will  be  in  default  (“Default”),  and 
we may demand immediate payment of the entire amount you owe us without 
giving you prior notice, if: (a) your Minimum Payment Due is not received by 
the Payment Due Date; (b) you make Purchases, Balance Transfers or obtain 
Cash  Advances  in  excess  of  your  Credit  Limit;  (c)  you  become  insolvent  or 
are  a  party  to  a  bankruptcy  proceeding;  (d)  you  die;  (e)  you  provide  false 
information  to  us,  misuse  the  Account  or  Card,  or  violate  any  term  of  this 
Agreement; (f) any judgment or lien is filed against you; or (g) we reasonably 
believe  that  your  ability  to  repay  your  obligations  to  us  has  been  materially 
impaired.  We  shall  also  have  the  right  to  all  remedies  provided  by  law 
including,  without  limitation,  closing  or  refusing  to  renew  your  Account  and 
demanding  return  of  your  Card(s).  Our  failure  to  declare  your  Account  in 
default does not excuse you from performing all of your obligations under this 
Agreement,  and  such  failure  shall  not  constitute  a  waiver  of  our  rights  to 
declare  the  Account  in  default  and  terminate  your  ability  to  use  the  Account 
and the Card at a later time or upon the occurrence of the same or a different 
event of default. 

If we refer your Account for collection to an attorney who is not our regularly 
salaried  employee,  you  agree  to  pay  the  reasonable  fees  of  such  attorney 
and,  whether  or  not  an  attorney  is  retained,  all  court  and  other  collection 
costs,  including  any  amounts  actually  incurred  by  us  in  recovering  your 
Card(s).   

12. Refusals to Honor Card. We are not responsible if any bank, merchant, or 
other  person  refuses  to  honor  your  Card.    Except  as  otherwise  required  by 
law  or  regulations,  we  will  not  be  responsible  for  merchandise  or  services 
purchased through use of your Card. 

#13062037 v4 

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13. Account Closing and Fee Refund.  If you elect to close your Account and 
notify  us  in  writing  before  you  make  any  charges  for  Purchases,  Balance 
Transfers or Cash Advances to your Account or pay any Fees, including the 
Annual  Fee,  after  you  receive  your  first  Billing  Statement,  you  will  not  be 
responsible for any Fees, including the Annual Fee.  In such a case, any Fees 
charged  will  be  credited  back  to  your  Account.  If  you  wish  to  close  your 
Account  at any  other time,  you must  repay  us  the  total amount  due  on  your 
Account.    

14. Termination.  You or we may terminate your privileges under this Agreement 
or  cancel  or  limit  your  privileges  to  make  Purchases,  Balance  Transfers  or 
obtain  Cash  Advances  at  any  time,  with  or  without  cause,  subject  to 
applicable  notice  requirements.  If  you or we  terminate  your  Account,  you 
promise  that  any  amounts  that  you  owe  us  at  the  time  of  termination, 
plus any new Purchases, Balance Transfers or Cash Advances, plus any 
FINANCE  CHARGES,  Other  Charges  and  fees  that  will  continue  to  be 
imposed  at  the  rates  specified  in  this  Agreement,  will  be  repaid 
according to this  Agreement.  You agree that you will not try to  make any 
Purchases, Balance Transfers or obtain Cash Advances after you have been 
notified  that  your  privileges  to  use  your  Account  have  been  canceled.  You 
may terminate this Account at any time.   In order to terminate your Account, 
you must give us written notice of your intent to terminate your Account at the 
address  for  inquiries  shown  on  your  Billing  Statement,  and  pay  your 
outstanding balance in full. Your notice of termination will become effective as 
soon  as  we  can  reasonably  act  on  it.  If  you  request  that  we  terminate  your 
Account, but do not pay your outstanding balance in full, your credit privileges 
will be terminated.  

15. Notices. We will send Billing Statements and any other notices to you at the 
address  shown  in  our  files.  You  promise  to  inform  us  promptly  in  writing  of 
any change in your address. Any written notice from you to us must be sent to 
us at First Bank of Delaware, PO Box 9211, Old Bethpage, NY 11804 or call 
us toll free at 1-877-578-7552 or to such other address as we may give you, 
and shall be effective when received by  us  at such address.  In determining 
your  last  known  address,  we  can  accept  address  corrections  received  from 
the U.S. Postal Service. 

16. Changes in Agreement Terms. We can change any term of this Agreement, 
including  the  rate  at  which  or  manner  in  which  Finance  Charges  are 
calculated,  in  our  sole  discretion,  upon  such  notice  to  you  as  is  required  by 
law.  Any  change  in  Interest  Charges  or  Finance  Charges  will  only  apply  to 
your  new  activity  when  the  change  is  effective  and  not  to  your  outstanding 
balance, except under certain circumstances permitted by law. 

#13062037 v4 

14 

 
 
 
 
 
17.  Arbitration.    PLEASE  READ  THIS  PROVISION  OF  THE  AGREEMENT 
CAREFULLY.  UNLESS  YOU  EXERCISE  YOUR  RIGHT  TO  OPT-OUT  OF 
ARBITRATION  IN  THE  MANNER  DESCRIBED  BELOW,  YOU  AGREE 
THAT  ANY  DISPUTE  WILL  BE  RESOLVED  BY  BINDING  ARBITRATION. 
ARBITRATION  REPLACES  THE  RIGHT  TO  GO  TO  COURT,  INCLUDING 
THE  RIGHT  TO  HAVE  A  JURY  TRIAL,  TO  ENGAGE  IN  DISCOVERY 
(EXCEPT  AS  MAY  BE  PROVIDED  FOR  IN  THE  ARBITRATION  RULES), 
AND  TO  PARTICIPATE  AS  A  REPRESENTATIVE  OR  MEMBER  OF  ANY 
CLASS  OF  CLAIMANTS  OR  IN  ANY  CONSOLIDATED  ARBITRATION 
PROCEEDING  OR  AS  A  PRIVATE  ATTORNEY  GENERAL.  OTHER 
RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO 
BE UNAVAILABLE IN ARBITRATION. 

Agreement to Arbitrate. You and we agree that any Dispute (defined below) 
will be resolved by Arbitration. This agreement to arbitrate is governed by the 
Federal Arbitration  Act,  9  U.S.C.  §  1  et  seq.,  and  the  substantive  law  of  the 
State of Delaware (without applying its choice-of-law rules).  

What Arbitration Is. “Arbitration” is a means of having an independent third 
party  resolve  a  Dispute.  A  “Dispute”  is  any  claim  or  controversy  of  any  kind 
between  you  and  us.   The  term  Dispute  is to  be  given  its  broadest  possible 
meaning  and  includes,  without  limitation,  all  claims  or  demands  (whether 
past, present, or future, including events that occurred prior to the opening of 
this Account and whether or not a credit card is issued), based on any legal or 
equitable  theory  (contract,  tort,  or  otherwise)  and  regardless  of  the  type  of 
relief  sought  (i.e.,  money,  injunctive  relief,  or  declaratory  relief).  A  Dispute 
includes,  by  way  of  example  and  without  limitation,  any  claim  based  upon  a 
federal  or  state  constitution,  statute,  ordinance,  regulation,  or  common  law, 
and  any  issue  concerning  the  validity,  enforceability,  or  scope  of  this 
arbitration agreement.  

Opt-Out  of  Arbitration.  I  may  opt-out  or  reject  arbitration  by  sending  a 
notice  ("Rejection  Notice")  that  we  receive  within  forty-five  (45) 
Business  Days  after  the  Effective  Date.  Any  Rejection  Notice  must  be 
signed by you and must include your name, address, telephone number 
and Agreement number or date.  

Where  to  Send  Notice  to  Opt-out  of  Arbitration.  You  must  mail  the 
Rejection  Notice  by  certified  mail  return  receipt  requested  or  send  it  by 
messenger  service  (such  as  Federal  Express)  to  us  at  First  Bank  of 
Delaware;  Attn.:  FBD  Compliance;  50  S.  16th  Street,  Philadelphia,    PA  
19102. In the event of any dispute concerning  whether you have provided a 
Rejection Notice within the time permitted, you must provide a signed receipt 
confirming that you sent it to us in time. This is the only method you can use 
to reject this arbitration provision. 

#13062037 v4 

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How Arbitration Works.  If a Dispute arises, the party asserting the claim or 
demand  must  initiate  arbitration,  provided  you  or  we  may  first  try  to  resolve 
the  matter  informally  or  through  customary  business  methods,  including 
collection  activity.  The  party  filing  for  arbitration  must  choose  either  of  the 
following  arbitration  firms  for  initiating  and  pursuing  for  arbitration:  the 
American  Arbitration  Association  (“AAA”)  or  JAMS.    If  the  parties  mutually 
agree, a private party, such as a retired judge, may serve as the arbitrator.  If 
you  claim  you  have  a  Dispute  with  us,  but  do  not  initiate  for  arbitration  or 
select an arbitrator, we may do so. You may obtain copies of the current rules 
of  each  of  the  arbitration  firms  and  forms  and  instructions  for  initiating  for 
arbitration by contacting them as follows: 

American Arbitration Association 
335 Madison Avenue, Floor 10 
New York, NY 10017-4605 
Web site: www.adr.org 

JAMS 
1920 Main Street 
Suite 300 
Irvine, CA 92614 
Web site: www.jamsadr.com 

The policies and procedures of the selected arbitration firm will apply provided 
such  policies  and  procedures  are  consistent  with  this  arbitration  agreement. 
To the  extent the arbitration firm’s rules  or procedures are  different  than  the 
terms of this arbitration agreement, the terms of this arbitration agreement will 
apply.  

Waiver  of  Jury  Trial  and  Class  Action  Waiver.  Unless  you  opt-out  of 
arbitration, which you have the right to do as described above, You are 
waiving your right to a jury trial, to have a court decide your Dispute, to 
participate  in  a  class  action  lawsuit  or  class  arbitration,  and  to  certain 
discovery and other procedures that are available in a lawsuit. You and 
we  agree  that  the  arbitrator  has  no  authority  to  conduct  class-wide 
proceedings  and  is  only  authorized  to  resolve  the  individual  Disputes 
between  you  and  us.  The  validity,  effect,  and  enforceability  of  this 
waiver  of  class  action lawsuit and class-wide  arbitration,  if challenged, 
are to be determined solely by a court of competent jurisdiction and not 
by the AAA, JAMS, or the arbitrator. If such court refuses to enforce the 
waiver  of  class-wide  arbitration,  the  Dispute  will  proceed  in  court.  The 
arbitrator  has  the  ability  to  award  all  remedies  available  by  statute,  at 
law,  or  in  equity  to  the  prevailing  party  including  but  not  limited  to 
attorneys fees and costs. 

#13062037 v4 

16 

 
 
 
 
 
 
 
 
 
 
 
 
 
Starting  the  Arbitration.  Any  party  to  a  Dispute,  including  related  third 
parties, may send the other party written notice by certified mail, return receipt 
requested,  of  their  intent  to  arbitrate  and  setting  forth  the  subject  of  the 
dispute along with the relief requested, even if a lawsuit has been filed. 

Selection  of  Arbitrator.  Regardless  of  who  demands  arbitration,  you  shall 
have the right to select either the American Arbitration Association or  JAMS, 
The  Resolution  Experts.  Their  contact  information  is  above.  However,  the 
parties may agree to select a local arbitrator who is an attorney, retired judge, 
or  arbitrator  registered  and  in  good  standing  with  an  arbitration  association 
and arbitrate pursuant to such arbitrator’s rules. The party receiving notice of 
arbitration  will  respond  in  writing  by  certified  mail,  return  receipt  requested, 
within twenty (20) days. If you demand arbitration, you must inform us in your 
demand  of  the  arbitration  organization  you  have  selected  or  whether  you 
desire  to  select  a  local  arbitrator.  If  related  third  parties  or  we  demand 
arbitration,  you  must  notify  us  within  twenty  (20)  days  in  writing  by  certified 
mail,  return  receipt  requested,  of  your  decision  to  select  one  of  the 
Administrators or your desire to select a local arbitrator. If you fail to notify us, 
then we have the right to select one of the Administrators.  In the event that 
both  of  the  Arbitration  organizations  mentioned  above  will  not  appoint 
someone 
these 
organizations  no  longer  administer  the  type  of  Dispute  or  otherwise,  either 
party  can  petition  a  court of  competent  jurisdiction  to  have  the  court appoint 
the arbitrator. 

to  serve  as  an  arbitrator 

the  Dispute  because 

for 

What  Rules  Apply  to  the  Arbitration.  The  arbitrator  shall  apply  applicable 
substantive  law  consistent  with  the  Federal Arbitration  Act,  9  U.S.C.  §§  1  et 
seq.  ("FAA"),  applicable  statutes  of  limitation,  and  shall  honor  claims  of 
privilege recognized at law. The parties to such Dispute will be  governed by 
the  rules  and  procedures  of  the  Administrator  selected  applicable  to 
consumer disputes to the extent those rules and procedures do not contradict 
the express terms of this Arbitration Provision, including the limitations on the 
arbitrator in this Arbitration Provision. You may obtain a copy of the rules and 
procedures by contacting the arbitration organization listed above. 

Other Arbitration Rules. In addition to the parties’ rights to obtain discovery 
pursuant  to  the  applicable  arbitration  rules,  either  you  or  us  may  submit  a 
written  request  to  the  arbitrator  to  expand  the  scope  of  discovery  normally 
allowed  under  the  rules  of  the  Administrator  selected.  The  arbitrator  shall 
have discretion to grant or deny such request. The arbitrator may decide, with 
or  without  a  hearing,  any  motion  that  is  substantially  similar  to  a  motion  to 
dismiss  for  failure  to  state  a  claim  or  a  motion  for  summary  judgment.  In 
conducting  the  arbitration,  the  arbitrator  shall  not  apply  any  federal  rules  of 
civil procedure or evidence. 

#13062037 v4 

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Payment of Arbitration Fees. If you demand arbitration, then at your request 
we  will  pay  your  portion  of  the  expenses  associated  with  the  arbitration, 
including  the  filing,  administrative,  hearing  and  arbitrator’s  fees  but  not 
attorneys’  fees  or  costs  (collectively  the  "Arbitration  Fees").  If  related  third 
parties or we demand arbitration, then at your written request we will pay your 
portion  of  the  Arbitration  Fees.  Throughout  the  arbitration,  each  party  shall 
bear his or her own attorneys’ fees and expenses, such as witness and expert 
witness  fees  provided  that  we  will  pay  your  attorney’s  fees  and  costs  if  the 
arbitrator determines that under the law we are required to pay them. 

Location  of  Arbitration.  The  arbitration  hearing  will  be  conducted  in  the 
county of your residence, within 30 miles from such county, or in such other 
place as shall be ordered by the arbitrator. 

Survival.  This arbitration provision shall survive: (1) termination or changes 
to  this  Agreements,  the  Account,  or  the  relationship  between  you  and  us 
concerning the Account; (2) the bankruptcy of any party; and (3) any transfer, 
sale, or assignment of your Account, or any amounts owed on your Account, 
to any other person or entity. 

Applicable  Law  and  Review  of  Arbitrator’s  Award.    The  arbitrator  shall 
apply  applicable federal and  Delaware  substantive  law  and  the terms  of  this 
Agreement. The arbitrator must apply the terms of this arbitration agreement, 
including without limitation the waiver of class-wide arbitration. The arbitrator 
shall  make  written  findings  and  the  arbitrator’s  award  may  be  filed  with  any 
court  having  jurisdiction.  The  arbitration  award  shall  be  supported  by 
substantial  evidence  and  must  be  consistent  with  this  Agreement  and  with 
applicable law, and if it is not, it may be set aside by a court. The parties shall 
have,  in  addition  to  the  grounds  referred  to  in  the  Federal  Arbitration  Act 
(“FAA”)  for  vacating,  modifying,  or  correcting  an  award,  the  right  to  judicial 
review  of  (a)  whether  the  findings  of  fact  rendered  by  the  arbitrator  are 
supported by substantial evidence, and (b) whether the conclusions of law are 
erroneous under the substantive law of the State of Delaware and applicable 
federal  law.  Judgment  confirming  an  award  in  such  a  proceeding  may  be 
entered only if a court determines that the award is supported by substantial 
evidence  and  is  not  based  on  legal  error  under  the  substantive  law  of  the 
State of Delaware and applicable federal law. 

18. Law  that  Applies  to  this  Agreement.    This  Agreement  is  entered  into 
between you and us in Delaware, and our decisions regarding the extension 
of credit to you are made in Delaware.  Federal and Delaware law (other than 
its conflicts or law rules) will also apply to any controversy, claim, or Dispute 
arising from or relating in any way to the subject matter of this Agreement and 
your  Account,  including,  without  limitation,  statutory,  equitable,  and  tort 
claims. 

#13062037 v4 

18 

 
 
 
 
 
19. Binding  Effect.  This  Agreement  is  binding  upon  and  enforceable  against 

your heirs, legal representatives, and successors. 

20. Severability.  If any provision of this Agreement, including any portion of the 
arbitration  agreement  set  forth  above  in  Section  17,  is  determined  to  be 
invalid  or  unenforceable  under  any  rule,  law,  or  regulation,  the  validity  or 
enforceability  of  any  other provision  of  this Agreement  shall  not  be  affected, 
and  in  lieu  of  such  invalid  or  unenforceable  provision  there  shall  be  added 
automatically,  as  part  of  this  Agreement,  a  provision  as  similar  in  terms  as 
may be valid and enforceable, if possible. Notwithstanding the foregoing, if a 
class  action  litigation  or  a  class-wide  arbitration  is  permitted  for  any  reason, 
either  party  may  require  that  the  entire  Dispute,  as  defined  in  Section  18 
above, be heard by a judge, sitting without a jury, under applicable court rules 
and procedures. 

21.Third  Party  Claims  or  Defenses.  Except  as  otherwise  provided  in  this 
Agreement and as required by applicable law,  we  will not be responsible for 
any claim or defense you may have against any third party that arises out of 
or in connection with any Transaction 

22. Foreign  Currency  Conversion  Rate.  If  you  effect  a  transaction  at  a 
merchant  that  settles  in  a  currency  other  than  U.S.  dollars,  MasterCard  will 
convert  the  charge  into  a  U.S.  dollar  amount.  MasterCard’s  currency 
conversion  procedure 
includes  use  of  either  a  government-mandated 
exchange  rate,  or  a  wholesale  exchange  rate  selected  by  MasterCard,  and 
that  the  government-mandated  exchange  rate  or  wholesale  exchange  rate 
MasterCard uses for a particular transaction is the rate MasterCard selects for 
the  applicable  currency  on  the  day  the  transaction  is  processed,  which  may 
differ  from  that  applicable  to  the  date  the  transaction  occurred  or  when  it  is 
posted  to  the  cardholder’s  Account.    In  addition  to  the  exchange  rate,  we 
impose  a  Foreign  Currency  Transaction  Fee  of  Either  $5.00  or  3%  of 
transaction amount whichever is greater.  This Foreign Currency Transaction 
Fee  will  be  applied  to  all  transactions  posted  to  your  Account  in  a  foreign 
including  all  Purchases,  Cash  Advances,  and  returns  and 
currency, 
adjustments  (e.g.,  for  returned  merchandise).    A  portion  of  the  foreign 
currency  transaction  fee  is  paid  by  us  to  MasterCard  in  connection  with  the 
foreign  currency  transaction.    The  Foreign  Currency  Transaction  Fee  is  a 
FINANCE CHARGE. 

23. Illegal Transactions. Your Card and Account may be used only for valid and 
lawful  purposes.  If  you  use,  or  allow  someone  else  to  use,  your  Card  and 
Account for any other purpose, 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. 

#13062037 v4 

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24. Credit Reporting Information.  Because you have requested a Card, we are 
entitled under applicable law, including the Fair Credit Reporting Act, to obtain 
information about you from a credit reporting agency. We may also verify your 
credit references and other information that you provide to us. We may obtain 
updated or additional information about you, including consumer reports, from 
time  to  time  for  any  legitimate  purpose  including,  but  not  limited  to,  the 
extension of credit to you or the review or collection of your Account.  We will 
report  information  about  your  Account  to  credit  bureaus.  Late  payments, 
missed payments, or other defaults on your Account  will be reflected in your 
credit report. 

25. Call Monitoring/Recording.  You authorize us and any third party servicing 
your Account to listen to and record telephone calls between you and us and 
telephone calls between you and any third party service provider,  in order to 
evaluate the quality of service or for any other lawful purpose. 

26. Servicing Account: You authorize us or any of our agents to contact you at 
any  of  the  telephone  numbers  you  have  listed  on  your  credit  application  or 
any  other  number  you  provide  to  us  regarding  payments  due  or  other 
information about your Account.  You authorize us to leave a message with a 
person  or  on  a  voice  mail  service  that  answers  the  numbers  you  have 
provided to us.  You also authorize us to send U.S. postal mail or email to the 
addresses you provide to us on your credit application or otherwise.  We can 
also  contact  other  persons  you  have  listed  on  your  credit  application  to  find 
out  information  about  you  and  how  to  contact  you  in  the  event  we  are 
unsuccessful  in  contacting  you  as  described  above.  If  you  have  agreed  to 
accept  text  messages  from  us  on  your  mobile,  cellular  telephone  or  similar 
devices,  we  can  contact  you  using  text  messages.  You  authorize  us  to  call 
using an automated telephone dialing system and/or prerecorded messages. 
You  also  authorize  us  to  send  you  emails  to  any  address  where  we  can 
reasonably believe we can contact you. You may be charged by your wireless 
provider to receive text messages. 

27. Sale/Assignment/Transfer.    We  may  sell,  assign,  or  transfer  all  or  any 
portion of your Account or any balances due under your Account without prior 
notice to you. You may not sell, assign, or transfer your Card or your Account 
or any of your obligations under this Agreement. 

28. Entire  Agreement.  This  Agreement, 

together  with  your  Application, 
constitutes  the  final  and  complete  expression  of  the  credit  agreement 
between you and us relating to your Account and supersedes and may not be 
contradicted by evidence of any prior, contemporaneous, or subsequent oral 
credit agreement between you and us relating to your Account. 

29.  Waiver  of  Rights.  Except  as  may  be  prohibited  by  law  or  regulation,  you 
agree to waive any right you may have for us to act promptly in bringing any 

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action(s) against you (known as diligence); to demand payments of amounts 
due (known as presentment); to obtain an official certification of non-payment 
(known as protest); and to give notice that amounts due have not been paid 
(known as notice of dishonor or notice of default and non-payment). 

30. How to Contact Us.  For general inquiries  we can be reached in writing at: 
First  Bank  of  Delaware,  PO  Box  9211,  Old  Bethpage,  NY  11804.  Or,  you 
can  call  our  Customer  Service  Department  at  1-877-578-7552.  Automated 
Account  information  is  available  24  hours  a  day,  7  days  a  week  with 
representatives available Monday – Friday between the hours of 8:00 a.m. to 
9:00 p.m. and Saturday between the hours of 9:00a.m. to 1:00p.m., Eastern 
Standard  Time.    Payments  should  be  mailed  to  the  address  listed  on  your 
Billing Statement. 

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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 Bank of Delaware 
PO Box 9211 
Old Bethpage, NY 11804 

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: 

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• 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.) 

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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 [or electronically] at: 

First Bank of Delaware 
PO Box 9211 
Old Bethpage, NY 11804 

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. 

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TRUTH IN SAVINGS Terms and Conditions 

Terms and Conditions of Your Deposit with us 

Your Deposit will be held in a comingled Deposit Account with us that is FDIC 
insured.  These terms and conditions that apply to your Deposit and the Deposit 
Account are in addition to the terms and conditions set forth in the Agreement. 

SAVINGS AGREEMENT:  These terms and conditions, along with any other 
documents we give you pertaining to your Deposit, is a contract that establishes 
rules which control the Deposit with us (“Savings Agreement”).  Please read this 
carefully.  If you sign the agreement or open or continue to have your Deposit or 
Account with us, you agree to these rules.  If you have any questions, please call 
us. 

This Savings Agreement is subject to applicable federal laws and the laws of the 
State of Delaware (except to the extent that this Savings Agreement can and 
does vary such rules or laws).  If any provision of this document is found to be 
unenforceable according to its terms, all remaining provisions will continue in full 
force and effect. 

LIABILITY – You agree, for yourself (and the person you represent if you sign as 
a representative of another) to the terms of this Savings Agreement.  You will pay 
any additional reasonable charges for services you request which are not 
covered by this Agreement. 

Each of you also agrees to be jointly and severally (individually) liable for 

any account shortage resulting from charges or overdrafts, whether caused by 
you or another with access to this Deposit Account.  This liability is due 
immediately, and can be deducted directly from the Deposit balance whenever 
sufficient funds are available.  You have no right to defer payment of this liability, 
and you are liable regardless of whether you signed the item or benefited from 
the charge.  This includes liability for our costs to collect the deficit including, to 
the extent permitted by law, our reasonable attorneys’ fees. 

DEPOSIT – We will give only provisional credit until collection is final for any 
items, other than cash, we accept for deposit (including items drawn “on us”).  
Actual credit for deposits of, or payable in, foreign currency will be at the 
exchange rate in effect on final collection in U.S. dollars.  We are not responsible 
for transactions by mail or outside depository until we actually record them.  We 
will treat and record all transactions received after our “daily cutoff time” on a 
Business Day we are open, or received on a day we are not open for business, 
as if initiated on the next following Business Day that we are open. 

WITHDRAWALS – Unless clearly indicated otherwise on the account records, 
any of you who signed the Agreement, acting alone may withdraw or transfer all 
or any part of the Deposit balance at any time subject to the terms of the 
Agreement and this Savings Agreement.  Each of you (if there are more than 
one) (until we receive written notice to the contrary) authorizes each other person 

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signing the Agreement to endorse any item payable to you or your order for 
deposit to the Deposit Account or any other transaction with us.   We may refuse 
any withdrawal or transfer request which you attempt on forms not approved by 
us, by any method we do not specifically permit or which is for an amount greater 
or less than any withdrawal limitations.  Even if we honor a nonconforming 
request, we may treat continued abuse of the stated limitations (if any) as your 
act of closing the Account. The fact that we may honor withdrawal requests that 
is greater than the required Deposit balance does not obligate us to do so later.  
For those accounts for which our funds availability policy disclosure does not 
apply, you can ask us when you make a deposit when those funds will be 
available for withdrawal. 

We may require not less than 7 days’ notice in writing before each 
withdrawal from the Deposit Account subject to the other limitations set forth in 
the Agreement. 

AMENDMENTS AND TERMINATION – We may change any term of this Savings 
Agreement at any time.  Rules governing changes in interest rates are provided 
separately.  For other changes, we will give you reasonable notice in writing or by 
any other method permitted by law.  We may also return your Deposit at any time 
upon reasonable notice to you and tender of the Deposit balance personally or 
by mail.  Notice from us to any one of you is notice to all of you. 

STATEMENTS – You must examine your statement of account as shown on 
your Billing Statement with “reasonable promptness.”  If you discover (or 
reasonably should have discovered) any discrepancies, you must promptly notify 
us of the relevant facts.  As between you and us, if you fail to do either of these 
duties, you will have to either share the loss with us, or bear the loss entirely 
yourself (depending on whether we used ordinary care and, if not, whether we 
substantially contributed to the loss).   

You agree that the time you have to examine your statement and report to 
us will depend on the circumstances, but will not, in any circumstances, exceed a 
total of 30 days from when the statement is first sent or made available to you. 

You further agree that if you fail to report any unauthorized signatures, 

alterations, forgeries, or any other errors in your account within 60 days of when 
we first send or make the statement available, you cannot asset a claim against 
us on any items in that statement, you cannot assert a claim against us on any 
items in that statement, and as between you and us the loss will be entirely 
yours.  This 60-day limitation is without regard to whether we used ordinary care.  
The limitation in this paragraph is in addition to that contained in the first 
paragraph of this section. 

ACCOUNT TRANSFER – This account may not be transferred or assigned 
without our prior written consent. 

AUTHORIZED SIGNER (Individual Accounts only) – A single individual is the 
owner.  The authorized signer is merely designated to conduct transactions on 

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the owner’s behalf.  We undertake no obligation to monitor transactions to 
determine that they are on the owner’s behalf. 

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