CREDIT CARD AGREEMENT FOR BEST EGG VISA® ACCOUNTS 
DISCLOSURE SUMMARY 

There are two parts to this Credit Card Agreement: The Best Egg Disclosure Summary and the Best Egg 
Cardmember  Agreement.    The  Disclosure  Summary  shows  a  table  of  applicable  rates  and  fees  as  of 
November 1, 2021.  The Cardmember Agreement contains important information related to Visa consumer 
credit  cards  issued  by  Best  Egg.    All  terms,  including  fees  and  APRs  for  new  transactions,  are  not 
guaranteed and may change in accordance with the Cardmember Agreement and applicable law based on 
information in your credit report, market conditions, business strategies, or for any other reason.  Please 
review these terms so you are fully informed about this credit card offer.    
INTEREST RATES AND INTEREST CHARGES 
Annual Percentage Rate 
(APR) for Purchases 

19.99% 
This is a variable APR based on the Prime Rate + 16.74%. 
19.99%  
This is a variable APR based on the Prime Rate + 16.74%. 

APR for Cash Advances 

How to Avoid Paying Interest 
on Purchases 

Minimum Interest Charge 

Your due date is at least 25 days after the close of each billing cycle.  
We  will  not  charge  you  any  interest  on  purchases  if  you  pay  your 
entire balance by the due date each month.  We will begin charging 
interest on cash advances on the transaction date. 
If you are charged interest, the charge will be no less than $0.50. 

For Credit Card Tips from the 
Consumer Financial 
Protection Bureau 

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 

FEES 
Annual Membership Fee 
Application Fee 
Transaction Fees 

  Balance Transfers 
  Foreign Transaction 
  Cash Advance 

Penalty Fees 

None 
None 

None 
None 
Either $10 or 5% of the amount of each cash advance, whichever is 
greater. 

  Overlimit 
  Late Payment 
  Returned Payment 

None 
Up to $39. 
Up to $39. 

How  we  calculate  your  balance:      We  use  a  method  called  Average  Daily  Balance  (including  new 
purchases), as more fully explained in the Interest Charges section of your Cardmember Agreement. 

Cash Advance: 5% of the cash advance transaction (including fees charged by the ATM operator, if any), 
with a minimum of $10.  We will add this fee to the Cash Advance balance.  We will begin charging interest 
on cash advances on the transaction date. 

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Penalty Fees:  Up to $39.  A single violation of each type will not exceed $29.  However, if another violation 
of the same type occurs within the next six billing cycles, we will charge $39.  The Late Payment and Return 
Payment fees will not exceed the related minimum payment that was due.    

Minimum Payment:  We will calculate the minimum payment as: (1) any past due amounts; PLUS (2) the 
larger of: (a) $29 (or total amount you owe if less than $29); or (b) the sum of: (i) 1% of the new balance, 
PLUS (ii) any periodic interest charges and late fees we have billed you on the statement for which your 
minimum payment is calculated. 
Variable Rates:  Variable APRs may increase or decrease each month if the Prime Rate changes.  We 
calculate variable APRs by adding a Margin to the Prime Rate index.  Any new rate will be applied as of 
the first day of your billing cycle during which the Prime Rate has changed.  If the APR increases, you will 
pay a higher interest charge and may pay a higher minimum payment.  The Prime Rate is simply a reference 
index and is not the lowest interest rate available. 

Billing  Rights:    Information  on  your  right  to  dispute  transactions  and  how  to  exercise  those  rights  is 
provided in your Cardmember Agreement.  

TERMS & CONDITIONS 

You have read the accompanying application, and you affirm that everything you have stated is true and 
complete You are of legal age to enter into a contract in the state in which you reside. Currently Best Egg 
Credit Cards are not available in the following locations: WV, IA, VT, and Washington, D.C. You authorize 
FB&T/Best Egg Credit Card (hereinafter “we”, “us” or “our”) to obtain your credit report(s), employment 
history and any other information in order to approve or decline this application, service your account, and 
manage our relationship with you.  Upon request, we will tell you the name and address of any consumer 
reporting agency that provided such report(s) to us.  You authorize us to share with others, in accordance 
with our privacy notice, such information and our credit experience with you.  In addition, you may, as a 
customer, later indicate a preference to exempt your account from some of the information-sharing with 
other companies (“opt-out”).  If you accept or use an account, you do so subject to the terms of this 
application, this Disclosure Summary, and the Cardmember Agreement, as it may be amended; you also 
agree to pay all charges incurred under such terms.  Any changes you make to the terms of this 
application will have no effect.  You accept that on a periodic basis your account may be considered for 
an automatic upgrade at our discretion.  You consent to and authorize us, any of our affiliates, or our 
marketing associates to monitor and/or record any of your phone conversations with any of our 
representatives.  You further consent to our use of automatic dialers, text, or prerecorded messages for 
servicing your account even if the telephone number is a mobile telephone number for which the called 
party is charged.  If additional development is necessary based on the application information provided, 
we will make every attempt to contact you.  

The information in this offer is accurate as of November 1, 2021 and is subject to change without notice.  

PRESCREEN & OPT-OUT NOTICE 

This “prescreened” offer of credit is based on information in your credit report indicating that 
you meet certain criteria.  This offer is not guaranteed if you do not meet our criteria.  If you do 
not want to receive prescreen offers of credit from this and other companies, call the consumer 
reporting agencies toll-free at 888-5-OPTOUT (888-567-8688) or write to any of the following 
reporting agencies:  Experian Opt Out, P.O. Box 919, Allen, TX 75013; Equifax, Inc. Options, 
P.O. Box 740123, Atlanta, GA 30374-0123; or Transunion, P.O. Box 505, Woodlyn, PA 19094.  

BEST EGG VISA CARDMEMBER AGREEMENT 

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THIS INFORMATION IS ACCURATE AS OF NOVEMBER 1, 2021 

This credit card program is issued and administered by First Bank & Trust.  Visa is a registered trademark 
of Visa International Service Association and is used by the issuer pursuant to a license from Visa U.S.A. 
Inc.   Best  Egg  Credit  CardTM  is  a  pending  trademark  of  Marlette  Technologies,  LLC.  This  Cardmember 
Agreement contains important information related to the Best Egg Credit Card issued by FB&T and serviced 
by  Best  Egg  R.   Best  Egg  is  a  registered  trademark  of  Marlette  Funding,  LLC  and  refers  collectively  to 
Marlette Funding. LLC, its affiliates and the Best Egg Credit Card, as appropriate. 

This Cardmember Agreement contains important information related to the Best Egg Credit Card issued by 
FB&T and serviced by Best Egg.   

ACCEPTANCE OF AGREEMENT 

This Cardmember Agreement (Agreement), along with the Disclosure Summary enclosed with your credit 
card, constitutes a contract between you, the cardmember, and Best Egg.  Please review it carefully and 
keep it for your records.  If you have any questions, please call us using the number on the back of your 
card.  This Agreement takes effect once you or an Authorized User use your Card.  Even if you do not use 
your Card, this Agreement will take effect unless you contact us to cancel your Account within 30 days after 
we sent you this Agreement. You may still reject this Agreement if you have not yet used your Card or made 
a payment on the Account after receiving a billing statement.  If you do reject this Agreement, you are not 
responsible for any fees or charges.  You may also reject the “Arbitration Agreement” as explained in that 
section.  If any fee in the Disclosure Summary is marked “None,” the section of this Agreement that relates 
to that fee does not apply.  To help prevent unauthorized use of your Card, please sign the back of your 
Card. 

In  this  Agreement,  you  and  your  refer  to  each  person  who  has  applied  for  the  Account  and  any  other 
person who has agreed to be responsible for the Account.  We, us and our refer to FB&T, Best Egg, and 
their collective agents, successors or assigns and service providers.  Card refers to each Visa® Card that 
is issued by us on your Account.   

Amendments:  We reserve the right to amend this Agreement at any time, subject to applicable law. 
We have the right to add, modify or delete any benefit, service, or feature of your Account at our discretion.  
We may do this in response to the business, legal or competitive environment.  This written Agreement is 
a final expression of the agreement governing the Account.  The written Agreement may not be contradicted 
by any alleged oral agreement.  We may add new terms or delete terms.  If required by law, we will give 
you advance written notice of the change(s) and a right to reject the change(s).  We will not charge any fee 
or interest charge prohibited by law. 

USING YOUR ACCOUNT 

Promise to Pay:  You promise to pay all charges, including charges you make, even if you do not present 
your Card or sign for the transaction, charges that other people make if you let them use your Account, and 
charges that Additional Cardmembers make or permit others to make.   

Permitted Uses:  You may use this Account for personal, family or household purposes. You may not use 
your account for business, commercial or illegal purposes, such as Internet gambling.  You must pay us for 
any damages and/or expenses resulting from that use.  In addition, we may also close your Account. 

Authorized Users:  You may request additional Cards for Authorized Users.  You are responsible for any 
use of your Account by an Authorized User or anyone else that you permit to use your Account.  You must 
notify us if you wish to cancel the authority of an Authorized User to use your Account.  If we remove an 

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Authorized User, in some cases we may close your Account, open a new Account, and issue you a new 
Card. 

Account  Information  Rights  for  Authorized  Users:    You  allow  us  to  discuss  your  Account  with  an 
Authorized User.  This includes giving him or her access to your Account information and history.  You also 
agree that an Authorized User may use and receive information about the Account the same way you do.  

Credit Limit:  We assign a credit limit to your Account; we may refer to credit limit as credit access line or 
credit line.  Part of this credit limit may be available for Cash Advances, and there may be a limit on the 
amount of Cash Advances you can take in each period.  You are responsible for balances on your Account 
up to the amount of your credit limit, subject to your Available Credit.  You may use your Account to make 
Cash Advances up to the amount of your Cash Access Limit.  Your Cash Access Limit is the portion of your 
overall Credit Limit which we make available from time to time for Cash Advances.  Your Credit Limit and 
Cash Advance Limit are provided to you with your Card and on every monthly statement.  We may cancel, 
change, or restrict your credit availability at any time.  Each transaction is considered for approval on an 
individual basis, including those above the credit limit.  We may not authorize a transaction for security or 
other reasons.  We will not be liable to you if we decline to authorize a transaction or if anyone refuses your 
Card or Account number.   

MAKING PAYMENTS 

Payment Instructions:  You must follow the payment instructions on your billing statement.  Please make 
payments in U.S. dollars with a check, money order, or electronic payment drawn on funds on deposit in 
the U.S.  You must pay us for all amounts due on your Account.  This includes charges made by Authorized 
Users.  If you make your payment in accordance with the instructions on your billing statement by the date 
and time payments are due, we will credit your payment to your Account as of the same day we receive it, 
as long as we receive it by the time disclosed in your billing statement.  Payments received after the required 
time will be credited on the next business day.  If your payment does not meet the requirements set forth 
in your billing statement, there may be a delay in processing and crediting your Account.  This may result 
in late fees and additional interest charges.  If we process a late payment, a partial payment or a payment 
marked  with  any  restrictive  language  that  will  have  no  effect  on  our  rights  and  will  not  change  this 
Agreement.  We may refuse to accept a payment in a foreign currency.  If we do accept it, we will charge 
your Account our cost to convert it to U.S. dollars.  You may not use a postdated check to make a payment.  
If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to 
the person that presented it, without in either case waiting for the date shown on the check.  We are not 
liable to you for any loss or expense arising out of the action we elect to take. 

Minimum Payment:  You agree to pay at least the Minimum Payment when due.  We will calculate your 
Minimum Payment based on the method described in the Disclosure Summary.  The Minimum Payment 
will appear on your monthly statement and may include any past due amounts.  The Minimum Payment 
Due may also include amounts by which you exceed your Account credit line. It will never exceed the New 
Balance. 

Payment Allocation:  We apply payments to balances as they appear on your monthly statement before 
being applied to new transactions.  An example of a new transaction is a recent purchase you made that 
has not yet been included in the New Balance as shown on your statement.  If your account has balances 
with different interest rates, we will allocate your payment equal to the Minimum Payment Due.  After the 
Minimum  Payment  Due  has  been  paid,  we  will  apply  your  payments  first  to  any  balance  subject  to  the 
highest interest rate, then to balances subject to lower interest rates.  If you do not pay your balance in full 
each month, you may not be able to avoid interest charges on new purchases.   

Credit Balance:  You may request a refund of any credit balance.  If you do not request a refund, we will 
apply any credit balance to new charges on your Account.  If a credit balance remains on your account for 
6 months and the amount is $1 or more, we will automatically refund it to you.   

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Miscellaneous Fees: You may be charged for the expedited mailing or replacement of your Card.  These 
fees will be disclosed to you at the time of the request.  

Foreign Transactions:  Any transaction (1) made in a foreign currency, or (2) made in U.S. dollars if the 
transaction is made or processed outside of the United States.  Foreign Transactions include, for example, 
online  transactions  made  in  the  U.S.,  but  with  a  merchant  who  processes  the  transaction  in  a  foreign 
country.  If a transaction is in a foreign currency, Visa International will convert the transaction into U.S. 
dollars using their own currency conversion procedures, and then will send us the transaction amount.  The 
exchange rate will be determined using either the range of rates available in the wholesale currency markets 
for  the  processing  date  (which  may  be  different  from  the  rate  the  card  association  receives)  or  a 
government-mandated rate in effect on that date.  The exchange rate used by Visa may differ from the rate 
on the date of your transaction.  In the case of returned or exchanged merchandise that was purchased in 
a foreign currency, the exchange rate is determined on the date of the return. 

INTEREST CHARGES 

How We Calculate Average Daily Balance (including new transactions):  We calculate interest charges 
each billing period by applying the periodic rate(s) to the “average daily balance(s)” for your Account.  To 
get  the  average  daily  balance  for  your  Account,  we  take  the  sum  of  the  beginning  balances  for  each 
Transaction Category (standard Purchases, standard Cash Advances, and different promotional balances), 
less any payments or credits, plus any new transactions.  The daily balances for each Transaction Category 
are then added together to determine the aggregate, or sum for the cycle.  The aggregate is then divided 
by the number of days in the billing cycle to determine the average daily balance (ADB).  

How  We  Calculate  Total  Interest  Charges:    Each  daily  balance  may  have  a  different  APR.    Certain 
categories of Transactions in a daily balance may have multiple APRs.  We multiply the daily balance for 
each Transaction Category by its daily periodic rate (DPR) multiplied by the number of days the DPR was 
in effect.  This gives us the interest charges for each Transaction Category.  To get a DPR, we divide the 
annual percentage rate (APR) that applies to the Transaction Category by 365 (or 366 in leap years).  We 
add up all the daily interest charges.  The sum is the total interest charge for the billing period. 

Paying Interest: The Grace Period  is defined as the  interval between the end of a billing cycle and the 
payment due date. No interest is assessed during this interval if a customer pays the balance in full on or 
before the payment due date and is not carrying a balance from month to month and has no cash advances 
outstanding. Except during the Grace Period, we begin to impose interest charges on a transaction, fee, or 
interest charge from the day we add it to the daily balance.  We continue to impose interest charges until 
you pay the total amount you owe us.  You can avoid paying interest on Purchases during the Grace Period, 
as described below.  However, you cannot avoid paying interest on Cash Advances. 

Grace  Period  on  Purchases:    If  you  paid  the  New  Balance  on  your  previous  billing  statement  by  the 
Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchases, 
or any portion of a new Purchase, paid by the Payment Due Date on your current billing statement.  New 
Purchases are Purchases that first appear on the current billing statement.  If you do not pay your New 
Balance in full each month, then, depending on the balance to which we apply your payment, you may not 
get a Grace Period on new Purchases.  Cash Advances do not have a Grace Period.   

DEFAULT, CLOSING OR SUSPENDING YOUR ACCOUNT 

Default:    We  may  consider  your  Account  to  be  in  default  and  require  immediate  payment  of  your  total 
Account balance, to the extent allowed by law, if any of the following occur if:  (1) You fail to comply with 
the terms of this Agreement or any agreement with us or an Affiliate, including failing to make a required 
payment  when  due,  exceeding  your  Account  credit  line  or  using  your  Card  or  Account  for  an  illegal 
transaction;  (2)  you  give  us  false  information;  (3)  you  file  for  bankruptcy  or  some  other  insolvency 

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proceeding is filed by or against you; (4) you become incapacitated or die; or (5) we believe you are unable 
or unwilling to pay your debts when due.   

Closing or Suspending Your Account:  We may close or suspend your Account if any of the events listed 
above occur, or for any reason, or for no reason.  We may do this at any time, without notifying you, as 
allowed by law.  We may cancel your current Card and issue you a substitute Card at any time.  You may 
also close your Account at any time by notifying us by telephone or in writing.  If we close or suspend your 
Account, or if you close your Account, you must pay us all amounts you owe on the Account, even if they 
post to your Account after it’s closed or suspended. 

OTHER IMPORTANT INFORMATION 

Military Lending Act Notice:  Federal law provides important protections to members of the Armed Forces 
and their dependents relating to extensions of consumer credit.  In general, the cost of consumer credit to 
a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 
percent.  This rate must include, as applicable to the credit transaction or account:  The costs associated 
with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; 
any  application  fee  charged  (other  than  certain  application  fees  for  specified  credit  transactions  or 
accounts); and any participation fee charged (other than certain participation fees for a credit card account).  
For more information regarding your rights under the Military Lending Act, please call 833-629-1363.  If you 
are a Covered Borrower, the Arbitration Agreement will not apply to you in connection with this Account.   

Communications:  You agree that we may contact you using any technology and methods of our choice.  
This includes using an automated telephone dialing system or other similar system to contact you by email, 
text message, device-level notification, or other electronic notification method supported by the software 
you use to access your Account.  We may use any telephone numbers (including wireless, landline and 
voice over IP numbers), email addresses or billing address that you give to us.  You understand and agree 
that anyone with access to your telephone or email account may listen to or read the messages that we 
leave or send you.  You agree that we will not be liable for any charges that you incur in connection with 
emails,  text  messages,  device  level  notifications  or  other  communications  that  we  or  our  agents  and 
representatives send to you.  You agree to notify us immediately if you change telephone numbers or are 
no longer the subscriber or usual user of a telephone number that you give to us.  You agree that we may 
monitor, record, retain and reproduce your telephone calls and other communications with us.  At any time, 
you can withdraw your consent to receive text messages through a telephone network (e.g., SMS) or to 
receive calls through a telephone network.  To revoke your consent, you must contact us in accordance 
with this Agreement. 

Privacy Policy:  We send you our Privacy Policy when you open your Account and annually.  Contact us 
at 833-707-1226 if you would like a copy.  Please read it carefully.  It summarizes the personal information 
we collect, how we safeguard its confidentiality and security, when it may be shared with others; and how 
you can limit our sharing of this information. 

Assignment:  We may sell, transfer, or assign any or all our rights and obligations under this Agreement 
to a third party.  You may not sell, transfer, or assign your Account or any of your obligations under this 
Agreement.  

Governing  Law:    Federal  law  and  the  law  of  South  Dakota  govern  the  terms  and  enforcement  of  this 
Agreement.  

Enforcement:  We may enforce the terms of this agreement at any time.  We may choose to delay enforcing 
or to  not  exercise  rights under this  Agreement.   If we  do  this, we  do  not waive  our  rights  to  exercise  or 
enforce them on any other occasion.  If any provision of this Agreement is found to be unenforceable, all 
other provisions of the Agreement will remain in effect. 

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Collection Costs:  To the extent allowed by law, you are liable to us for our legal costs if we refer collection 
of  your  Account  to  a  lawyer  who  is  not  our  salaried  employee.    These  costs  may  include  reasonable 
attorneys’ fees, as well as costs and expenses of any legal action.  

Unforeseen Circumstances:  From time to time, our services might be unavailable due to circumstances 
beyond our control (such as fires, floods, natural disasters, system failures, epidemics/pandemics, or other 
unpredictable events).  When this happens, you might not be able to use your Card or obtain information 
about your Account.  We are not responsible or liable if this happens.  

Lost  or  Stolen  Cards:    You  must  try  to  prevent  the  unauthorized  use  of  your  Account  and  any  Card, 
including your Account number.  You must call us if any Card is lost or stolen.  Also, you must call us if you 
think someone has used or may use these items without permission.  

Headings:  The headings in this Agreement are included as a matter of convenience and do not define, 
limit, or enlarge the scope of this Agreement or any of its provisions. 

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, 
or if you need more information about a transaction on your bill, write to us as soon as possible at: 

Best Egg Credit Card  
PO Box 7606 
Philadelphia, PA  19101 

You may also email us at: cardservicing@bestegg.com.   

You must notify us of any potential errors in writing by mail or electronically.  You may also call us, but 
doing so may not preserve your billing error rights.  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. 

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 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. 

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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 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 purchased with your credit card, and you 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, the following must be true: 

1.  The purchase must have been made in your home state or within 100 miles of your current mailing 
address,  and  the  purchase  price  must  have  been  more  than  $50.  (Note:  Neither  of  these  are 
necessary if your purchase was  based on  an advertisement we  mailed  to you, or if we own the 
company that sold you the goods or services.) 

2.  You must have used your credit card for the purchase.  Purchases made with cash advances from 

an ATM do not qualify. 

3.  You must not yet have fully paid for the purchase. 

If all the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: 

Best Egg Credit Card  
P.O. Box 84067 
Columbus, GA 31908 

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. 

ARBITRATION AGREEMENT 

If you are a Covered Borrower, as defined by the Military Lending Act, the arbitration provisions set forth in 
this section do not apply to you. 

PLEASE  READ  THIS  AGREEMENT  CAREFULLY.    MOST  CUSTOMER  CONCERNS  CAN  BE 
RESOLVED BY CALLING CUSTOMER SERVICE AT THE NUMBER LISTED ON THE BACK OF YOUR 
CARD.    IN  THE  EVENT  CUSTOMER  SERVICE  IS  UNABLE  TO  RESOLVE  A  COMPLAINT  TO  YOUR 
SATISFACTION, THIS SECTION EXPLAINS HOW CLAIMS CAN BE RESOLVED THROUGH BINDING 
ARBITRATION.  ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR 
INITIATE OR PARTICIPATE IN A CLASS ACTION.  IN ARBITRATION, DISPUTES ARE RESOLVED 
BY  AN  ARBITRATOR,  NOT  A  JUDGE  OR  JURY.  IF  ARBITRATION  IS  CHOSEN  BY  ANY  PARTY, 
NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A 
JURY  TRIAL  ON  THAT  CLAIM.    FURTHER,  YOU  AND  WE  WILL  NOT  HAVE  THE  RIGHT  TO 

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PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING 
TO ANY CLAIM SUBJECT TO ARBITRATION.   

ARBITRATION  PROCEDURES  ARE  SIMPLER  AND  MORE  LIMITED  THAN  IN  COURT.    THE 
ARBITRATOR'S AUTHORITY IS LIMITED TO CLAIMS BETWEEN YOU AND US ALONE.  CLAIMS MAY 
NOT BE JOINED OR CONSOLIDATED UNLESS YOU AND WE AGREE IN WRITING.  AN ARBITRATION 
AWARD  AND  ANY JUDGMENT CONFIRMING  IT  WILL  APPLY  ONLY TO THE SPECIFIC CASE AND 
CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD.  THE ARBITRATOR’S 
DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED 
REVIEW BY A COURT.  EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE 
FINAL AND BINDING.  OTHER RIGHTS YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE 
AVAILABLE  IN  ARBITRATION.    YOU  HAVE  THE  RIGHT  TO  CANCEL  OR  OPT  OUT  OF  THIS 
ARBITRATION AGREEMENT AS SET FORTH BELOW. 

Binding  Arbitration:    This  Arbitration  Agreement  is  made  pursuant  to  a  transaction  involving  interstate 
commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (FAA), 9 U.S.C. 
§ 1-16, as it may be amended.  This Arbitration Agreement sets forth the circumstances and procedures 
under which Claims (as defined below) may be resolved by arbitration instead of being litigated in court. 

Covered Parties:  Solely for purposes of this Arbitration Agreement, we, us, and our, including in addition 
to  the meanings set forth  in  this Cardmember  Agreement, includes any corporate  parents, subsidiaries, 
affiliates,  licensees,  predecessors,  successors,  assigns,  any  purchaser  of  your  Account,  and  all  of  their 
officers, directors, employees, agents, and assigns or any and all of them.  Additionally, we, us, and our 
shall  include  any  third  party  providing  benefits,  services,  or  products  in  connection  with  the  Account 
(including  but  not  limited  to  credit  bureaus,  merchants  that  accept  any  credit  device  issued  under  the 
Account, rewards programs, and enrollment services, credit insurance companies, debt collectors, and all 
of their officers, directors, employees, agents and representatives) if, and only if, such a third party is named 
by you as a co-defendant in any Claim you assert against us. 

Covered Claims:  Either you or we may, without the other’s consent, elect mandatory, binding arbitration 
of any past, current or future claim, dispute, or controversy, by either you or us against the other, or against 
the employees, parents subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or 
relating  in  any way to the  Cardmember Agreement,  any prior Cardmember Agreement,  your credit card 
Account or the advertising, application or approval of your Account (Claim).  This Arbitration Agreement 
governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, 
common law, constitutional provision, or any legal theory of law, such as respondeat superior or any other 
legal  or  equitable  ground  and  whether  such  Claims  seek  as  remedies,  money  damages,  penalties, 
injunctions, or declaratory or equitable relief.  Claims subject to this Arbitration Agreement include Claims 
regarding the applicability of this Arbitration Agreement or the validity of the entire Cardmember Agreement 
or  any  prior  Cardmember  Agreement.    Claims  subject  to  arbitration  include  Claims  that  are  made  as 
counterclaims,  cross  claims,  third  party  claims,  interpleaders  or  otherwise,  and  a  party  who  initiates  a 
proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any 
party or parties.  As used in this Arbitration Agreement, the term Claim is to be given the broadest possible 
meaning.  You may not sell, assign, or transfer a Claim. 

Class Action Waiver:  If a party elects to arbitrate a Claim, the arbitration will be conducted as an 
individual action.  There will be no right or authority for any claims to be arbitrated on a class action 
basis or on bases involving claims brought in a purported representative capacity on behalf of the 
general  public,  other cardmembers  or other  persons similarly  situated.   This  means that  even  if  a 
class action lawsuit or other representative action, such as that in the form of a private attorney general 
action, is filed,  any Claim  between  us related to the  issues raised  in such  lawsuits will  be  subject to  an 
individual arbitration claim if either you or we so elect.  No arbitration will be consolidated with any other 
arbitration proceeding without the consent of all parties.  The only Claims that may be joined in an individual 
action under this Arbitration Agreement are:  (1) those brought by us against you and any co-applicant, joint 
cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy; or (2) those 

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brought  by  you  and  any  co-applicant,  authorized  user  of  your  Account,  or  your  heirs  or  your  trustee  in 
bankruptcy against us.   

Small  Claims  Court:    Individual  Claims  filed  in  a  small  claims  court  are  not  subject  to  arbitration  if  the 
matter  stays  in  small  claims  court.    However,  if  such  a  claim  is  transferred,  removed,  or  appealed  to  a 
different court, we may then choose to arbitrate.  You or we may otherwise elect to arbitrate any claim at 
any time unless a trial has begun, or final judgment has been entered.   

Initiating  Arbitration:    Failure  or  any  delay  in  enforcing  this  Arbitration  Agreement  at  any  time,  or  in 
connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a 
later time or in connection with any other Claims.  To choose arbitration, a party may file a motion to compel 
arbitration in a pending matter and/or commence arbitration by submitting the required forms and requisite 
filing fees  to  the American  Arbitration  Association (AAA).   AAA  is  independent from us. You  or we  may 
choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented 
by counsel.  Any in-person hearing will be held in the same city as the U.S. District Court closest to your 
billing  address,  or  at  some  other  place  to  which  you  and  we  agree  in  writing.    You  may  obtain  more 
information and applicable AAA forms at www.adr.org.   

Arbitration Procedure:  A single, neutral arbitrator will resolve Claims.  The arbitration will be conducted 
under the applicable  AAA procedures and rules in  effect on the date the arbitration is filed unless those 
procedures and rules are inconsistent with this Arbitration Agreement, in which case this Agreement will 
prevail.  These procedures and rules may limit the amount of discovery available to you or us.  The arbitrator 
will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will 
honor claims of privilege recognized at law.  The arbitrator will not apply any federal or state rules of civil 
procedure  or  evidence  in  matters  relating  to  evidence  or  discovery.    The  arbitrator  will  take  reasonable 
steps  to  protect  customer  Account  information  and  other  confidential  information,  including  the  use  of 
protective  orders  to  prohibit  disclosure  outside  the  arbitration,  if  requested  to  do  so  by  you  or  us.    The 
arbitrator will have the power to award to a party any damages or other relief provided for under applicable 
law, and will not have the power to award relief to, against, or for the benefit of any person who is not a 
party to the proceeding.  If the law authorizes such relief, the arbitrator may award punitive damages or 
attorney fees.  The arbitrator will make any award in writing, but need not provide a statement of reasons 
unless requested by a party.  You and we agree that the arbitration will be confidential.  You and we agree 
that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we 
may notify any government authority of the claim as permitted or required by law.  Any decision rendered 
in such arbitration proceeding will be final and binding on the parties. 

Fees  and  Costs:   You  will  be responsible for paying  your share  of  any arbitration  fees (including  filing, 
administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred 
if you had brought a claim in court.  We will be responsible for any additional arbitration fees upon receipt 
of proof of payment.  At your written request, we will consider in good faith making a temporary advance of 
your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator 
for good cause.  All other fees will be allocated in keeping with AAA rules and applicable law.  However, 
we will advance or reimburse filing fees and other fees if AAA or arbitrator determines there is good reason 
for requiring us to do so or you ask us and we determine there is good cause for doing so.  Each party will 
bear the expense of its own legal fees and costs, regardless of which party prevails, for arbitration and any 
appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether 
a party should recover any or all fees and costs from another party. 

Survival and Severability of Terms:  This Arbitration Agreement shall survive:  (1) termination or changes 
in  the  Cardmember  Agreement,  the  Account  and  the  relationship  between  you  and  us  concerning  the 
Account, such as the issuing of a new account number or the transferring of the balance in the Account to 
another account; (2) the bankruptcy of any party or any legal proceeding initiated by you or on your behalf; 
(3) voluntary payment of the debt in full by you or by a third party; and (4) any sale of your Account (in the 
case of a sale, its terms will apply to the buyer of your Account).  If any portion of this Arbitration Agreement 
is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. 

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Your  Right  to  Reject  Arbitration:    You  may  reject  this  Arbitration  Agreement  by  sending  a  written 
rejection notice to us at:  Best Egg Credit Card, PO Box 7606, Philadelphia, PA  19101.  Your rejection 
notice must be mailed within 45 days of Account opening.  Your rejection notice must state that you reject 
this Arbitration Agreement and include your name, address, Account number and personal signature.  No 
one  else  may  sign  the  rejection  notice.    If  your  rejection  notice  complies  with  these  requirements,  this 
Arbitration Agreement and any other arbitration provisions in the Cardmember Agreements will not apply 
to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection 
notice.  Rejection of this Arbitration Agreement will not affect your other rights or responsibilities under this 
section or the Agreement, including use of the Account. 

Mobile Communications: By participating in the Best Egg Credit Card Fraud Notification program, you 
may receive fraud notifications. All messages are free. You may opt out at any time by texting STOP to 
Short Code (54759). By sending STOP to Short Code (54759), you agree to one additional confirmation 
message stating that you've opted out and will no longer receive messages from Best Egg Credit Card. 
To get help, text HELP to Short Code (54759). Get additional support or help by calling 833-707-1226. 
You must be the mobile phone account holder or have permission from the account holder to use this 
service. You must be 18 years or older or have permission from a parent/guardian. By participating in this 
program, you specifically authorize Best Egg Credit Card to send communications using an automatic 
telephone dialing system or an artificial or prerecorded voice system. You are not required to sign the 
agreement as a condition of purchasing any property, goods or services. The person consenting to 
receive telemarketing communications also provides authorization for the specific telephone number that 
may be contacted via this program. Carriers are not responsible for any delayed or undelivered 
messages. Messages may be delayed or not delivered due to factors outside of the carrier's control. 

PARTICIPATING WIRELESS CARRIERS: AT&T, Boost Mobile, MetroPCS, Sprint, T-Mobile, Verizon 
Wireless, Virgin Mobile USA.  

©2020 Marlette Servicing, LLC.  All rights reserved.  

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