Cardmember Agreement: Part 1 of 2 

As of: 03/31/2012 

Zync® from American Express  
Issuer: American Express Centurion Bank  
Spending Limit: $500 

Fees Table 

Fees  

Annual Membership Fee  $25  

Transaction Fees 
•  Foreign Transaction 

Penalty Fees 
•  Late Payment  

•  Returned Payment 

2.7% of each transaction after conversion to US dollars. 

Up to $35; however, if you do not pay for two billing periods in a row,  
                  your fee will be $35 or 2.99% of the past due amount, whichever is greater. 
Up to $35 

CMAEUAOT0000002  

Page 1 of 2 

 
 
 
 
 
 
How Fees Work  
Rates for Pay Over Time balances   
Rates 

See About Pay Over Time features in Part 2 of this Agreement

Penalty APR for  
new transactions 

The penalty APR applies to new transactions if: 
(cid:2) you do not pay at least the Minimum Payment 
Due by the Closing Date of the billing period in 
which it is due 2 times in 12 billing periods, or 

(cid:2) your payment is returned by your bank. 

If the Penalty APR applies to a balance, it will  
apply to charges added to that balance 
15 or more days after we send you notice. 

We will review your Account every 6 months after 
the Penalty APR is applied. The Penalty APR will 
continue to apply until you have made timely 
payments with no returned payments during the 6 
months being reviewed. 

Penalty APR for 
existing balances 

Fees

If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date, we 
can apply the penalty APR to those balances it does not already apply to. After you pay on time for 6 
billing periods in a row, the penalty APR will no longer apply to those balances (but it may still apply to 
other balances as described above). 

Annual Membership  

This fee is on the Rates and Fees Table on page 1 of Part 1.  We will charge $15 for each additional 
card.

Late Payment  

Returned Payment  

Up to $35 or 2.99% of the amount past due. If you do not pay the Amount Due on a billing statement 
before the 10th day after the next Closing Date, the fee is $25. If this happens again within the next 6 
billing periods, the fee is $35 instead. In both cases, if you do not pay the amount past due by the 
following Closing Date, we will charge, in that same billing period, the greater of $35 or 2.99% of the 
amount past due. For each subsequent billing period that an amount past due remains unpaid, the fee 
is the greater of $35 or 2.99% of any amount past due. However, the late fee will not exceed the 
Minimum Payment Due. Paying late may also result in a Penalty APR. See Penalty APR for new 
transactions and Penalty APR for existing balances above. 

Up to $35. If your payment is returned unpaid the first time we present it to your bank, the fee is $25. If 
this happens again within the next 6 billing periods, the fee is $35. However, the returned payment fee 
will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is 
returned. A returned payment may also result in a Penalty APR. See Penalty APR for new transac-
tions above. 

Returned Check  

$38 if you use your card to cash a check at one of our approved locations and the check is returned 
unpaid. We will also charge you the unpaid amount. 

Statement Copy 

$5 for each statement you request, except for the 3 most recent billing periods. 

Account Re-opening 

$25 if your Account is cancelled, you ask us to re-open it, and we do so. 

Foreign Transaction  

2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Converting charges 
made in a foreign currency in Part 2.  

Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. 

CMAEUFEEPAPR101 

                              Page 2 of 2 

FDR 996616

Cardmember Agreement: Part 2 of 2

Doc 27801

How Your American Express Account Works

Introduction

About your
Cardmember Agreement

Changing the Agreement

Words we use in
the Agreement

About using your card

Using the card

Promise to pay

Declined transactions

This document together with Part 1 make up the
Cardmember Agreement (Agreement) for the Account
identified on page 1 of Part 1. Any supplements or

amendments are also part of the Agreement. When
you use the Account (or you sign or keep the card), you
agree to the terms of the Agreement.

We may change this Agreement, subject to applicable
law. We may do this in response to the business, legal or
competitive environment.

We, us, and our mean the issuer shown on page 1 of
Part 1. You and your mean the person who applied for
this Account and for whom we opened the Account. You
and your also mean anyone who agrees to pay for this
Account. You are the Basic Cardmember. You may
request a card for an Additional Cardmember (see
About Additional Cardmembers).

Changes to some terms may require 45 days advance
notice, and we will tell you in the notice if you have the
right to reject a change. We cannot change certain
terms during the first year of your Cardmembership.

Card means any card or other device that we issue to
access your Account. A charge is any amount added
to your Account, such as purchases and fees. A
purchase is a charge for goods or services.

To pay by a certain date means to send your payment
so that we receive it and credit it to your Account by
that date (see About your payments).

You may use the card to make purchases. You may also
use the card at an ATM to get cash from a checking
account you designate.

We decide whether to approve a charge based on how
you spend and pay on this Account and other accounts
you have with us and our affiliates. We also consider
your credit history and your personal resources that we
know about.

You may arrange for certain merchants to charge your
Account at regular intervals. We may (but are not
required to) tell these merchants about your Account
status or changes to your card number or expiration
date. You must notify the merchants directly if you want
them to stop charging your Account.

Keep your card safe and don’t let anyone else use it. If
your card is lost or stolen or your Account is being used
without your permission, contact us right away. You
may not use your Account for illegal activities.

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.

We may decline to authorize a charge. Reasons we may
do this include suspected fraud and our assessment of
your creditworthiness. This may occur even if your
Account is not in default.

We are not responsible for any losses you incur if we
do not authorize a charge. And we are not responsible
if any merchant refuses to accept the card.

Spending Limit

We assign a Spending Limit to your Account. The
Spending Limit is shown on page 1 of Part 1 and on
each billing statement.

You agree to manage your Account so that your Ac-
count balance (including fees) is not more than your
Spending Limit.

We may increase or reduce the Spending Limit. We may
do this even if you pay on time and your Account is not in
default.

We may approve charges in excess of the spending
limit. If we do this, we will not charge an overlimit fee.
If we ask you to promptly pay the amount of your Ac-
count balance above your Spending Limit, you agree to
do so.

Additional accounts

While this Account is active, we may decline your application for another card account.

About your payments

When you must pay

Payment of the New Balance is due upon receipt of your
statement. Each statement also states the time and
manner by which you must make your payment for it to
be credited as of the same day it is received.

Each statement also shows a Closing Date. The
Closing Date is the last day of the billing period
covered by the statement. Each Closing Date is about
30 days after the previous statement’s Closing Date.

Page 1 of 4

About AutoPay payments

How to make additional
payments

Your Account requires you to be enrolled in the AutoPay
service. In the event you suspend AutoPay, we may
suspend your ability to make charges until we receive
payment of your New Balance. If you cancel your
participation in AutoPay, we may cancel your Account.

After enrollment, we provided you with a copy of your
written authorization to withdraw the New Balance from
your designated bank account. Please refer to that
document for a full description of your rights and
obligations under the program.

In addition to your AutoPay payment, you may make
early or additional payments to us in U.S. dollars with:
•  a single check drawn on a U.S. bank, or
• a single negotiable instrument clearable through the
U.S. banking system, for example a money order, or
•  an electronic payment that can be cleared through the

U.S. banking system.

When making a payment by mail:
•  make a separate payment for each account,
•  mail your payment to the address shown on the pay-

ment coupon on your billing statement, and

•  write your Account number on your check or nego-
tiable instrument and include the payment coupon.

If your payment meets the above requirements, we will
credit it to your Account as of the day we receive it, as

Each withdrawal will occur on the date shown on the
billing statement, which will be no earlier than 15 days
after the Closing Date of such billing statement.

The amount of the scheduled withdrawal will be
reduced by the amount of any payments or credits
applied to your Account prior to the scheduled
withdrawal date.

In addition to AutoPay, you may make early or
additional payments as described below.

long as we receive it by the time disclosed in your
billing statement. If we receive it after that time, we will
credit the payment on the day after we receive it.

If your payment does not meet the above requirements,
there may be a delay in crediting your Account. This
may result in late fees (see page 2 of Part 1).

If we decide to accept a payment made in a foreign
currency, we will choose a rate to convert your
payment into U.S. dollars, unless the law requires us to
use a particular rate.

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.

Other important information

About Additional
Cardmembers

At your request, we may issue cards to Additional
Cardmembers. They do not have accounts with us but
they can use your Account subject to the terms of this
Agreement. We may report an Additional Cardmember’s
use of your Account to credit reporting agencies.

You are responsible for all use of your Account by
Additional Cardmembers and anyone they allow to use
your Account. You must pay for all charges they make.

You authorize us to give Additional Cardmembers
information about your Account and to discuss it with
them.

If you want to cancel an Additional Cardmember’s right
to use your Account (and cancel their card) you must
tell us.

Converting charges made
in a foreign currency

If you make a charge in a foreign currency, we will
convert it into U.S. dollars on the date we or our agents
process it. Unless a particular rate is required by law, we
will choose a conversion rate that is acceptable to us for
that date. The rate we use is no more than the highest
official rate published by a government agency or the

highest interbank rate we identify from customary
banking sources on the conversion date or the prior
business day. This rate may differ from rates that are in
effect on the date of your charge. We will bill charges
converted by establishments (such as airlines) at the
rates they use.

Changing your billing
address

You must notify us immediately if you change the:
• mailing address where we send billing statements; or
•  e-mail address to which we send notice that your

billing statement is available online.

If you have more than one account, you need to notify
us separately for each account.

We may update your billing address if we receive
information that it has changed or is incorrect.

Closing your Account

You may close your Account by calling us or writing to us.

Cancelling or suspending
your Account

We may:
•  cancel your Account,
•  suspend the ability to make charges,
•  cancel or suspend any feature on your Account, and
•  notify merchants that your Account has been
   cancelled or suspended.

If we do any of these, you must still pay us for all
charges under the terms of this Agreement.

We may do any of these things at our discretion, even
if you pay on time and your Account is not in default.

If your Account is cancelled, you must destroy your
cards.

We may agree to reinstate your Account after a
cancellation. If we do this, we may:
•  reinstate any additional cards issued on your

Account,

•  charge you any applicable annual fees, and
•  charge you a fee for reinstating the Account.

We may contact you

From time to time, we may contact you about topics
ranging from servicing to marketing offers to collecting
amounts you owe. We may monitor and record phone
calls between you (or any Additional Cardmembers on
your Account) and us. We do this to ensure the quality

of customer service or when it is required by law.

You can choose to not receive marketing offers from
us. To do this, call us at 1-800-297-8378 or log on to
www.americanexpress.com/communications

Version 996616

Page 2 of 4

About default

Collection costs

Credit reports

We may consider your Account to be in default if:
•  you cancel AutoPay or suspend an AutoPay

withdrawal,

•  an AutoPay withdrawal is rejected by your bank,
•  you violate a provision of this Agreement,
•  you give us false information,
•  you file for bankruptcy,
•  you default under another agreement you have with us

or an affiliate,

•  you become incapacitated or die, or
•  we believe you are unable or unwilling to pay your

debts when due.

If we consider your Account in default, we may:
• suspend your ability to make charges,
•  cancel or suspend any feature on your Account, and
•  require you to pay your Account balance

immediately.

You agree to pay all reasonable costs, including attorneys’ fees, that we incur to collect amounts you owe.

You agree that we may obtain credit reports about you,
investigate your ability to pay, and obtain information
about you from other sources. And you agree that we
may use such information for any purposes, subject to
applicable law.

You agree that we may give information about your
Account to credit reporting agencies.

We may tell a credit reporting agency if you fail to
comply with any term of this Agreement. This may have
a negative impact on your credit record.

If you believe information we have given to a credit
reporting agency is incorrect, write to us at: American
Express Credit Bureau Unit, P.O. Box 981537, El Paso,
TX 79998-1537. When you write to us, tell us the
specific information you believe is incorrect.

Sending you notices

We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing address
on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S. mail.

About insurance products We or our affiliates may tell you about insurance and
non-insurance products, services or features that may
have a fee. One of our affiliates may act on behalf of a
provider of these products. The affiliate may be
compensated for this. The insurance products are not
offered or sold by us or on our behalf. Our affiliates may
get additional compensation when Amex Assurance

Company or another affiliate is the insurer or reinsurer.
Compensation may influence what products and
providers we or our affiliates tell you about.

We may share information about you with our affiliates
so they can identify products that may interest you. We
may be compensated for this information.

How we handle
electronic debits from
your checking account

When you pay us by check, you authorize us to
electronically deduct the amount from your bank or other
asset account. We may process the check electronically
by transmitting to your financial institution:
•  the amount,
•  the routing number,
•  the account number, and
•  the check serial number.

If we do this, your payment may be deducted from your
bank or other asset account on the same day we
receive your check. Also, you will not receive that
cancelled check with your bank or asset account billing
statement.

If we cannot collect the funds electronically, we may
issue a draft against your bank or other asset account
for the amount of the check.

ExpressPay

Cards issued on your Account may be equipped with ExpressPay. ExpressPay enables you to make charges
without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we may
deactivate ExpressPay at any time.

Privacy Act of 1974 notice

Some federal agencies may accept the card under authority of statute. When you make charges at these
agencies, we collect certain charge information. That information may be put to routine uses, such as processing,
billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by
agencies may be published in the Federal Register.

Changing benefits

We have the right to add, modify or delete any benefit or service of your Account at our discretion.

Assigning the Agreement

We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you.
You may not sell, assign or transfer your Account or any of your obligations under this Agreement.

Assigning claims

If you dispute a charge with a merchant, we may credit
the Account for all or part of the disputed charge. If we
do so, you assign and transfer to us all rights and claims
(excluding tort claims) against the merchant.

You agree that you will not pursue any claim against
the merchant for the credited amount. And you must
cooperate with us if we decide to do so.

We do not waive our rights 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.

Governing law

Utah law and federal law govern this Agreement and
your Account. They govern without regard to internal
principles of conflicts of law.

We are located in Utah. We hold your Account in Utah.
We entered into this Agreement with you in Utah.

Version 996616

Page 3 of 4

Arbitration

This Arbitration provision sets forth the circum-
stances and procedures under which claims may
be arbitrated instead of litigated in court.

Definitions
As used in this Arbitration provision, the term
claim means any claim, dispute or controversy
between you and us arising from or relating to
your Account, this Agreement, the Electronic
Funds Transfer Services Agreement, and any
other related or prior agreement that you may
have had with us, or the relationships resulting
from any of the above agreements, except for
the validity, enforceability or scope of this
Arbitration provision. For purposes of this
Arbitration provision, you and us also includes
any corporate parent, or wholly or majority
owned subsidiaries, affiliates, any licensees,
predecessors, successors, assigns, any
purchaser of any accounts, all agents,
employees, directors and representatives of any
of the foregoing, and other persons referred to
below in the definition of claims. Claim includes
claims of every kind and nature, including but not
limited to, initial claims, counterclaims, cross-
claims and third-party claims and claims based
upon contract, tort, fraud and other intentional
torts, statutes, regulations, common law and
equity. Claim also includes claims by or against
any third party using or providing any product,
service or benefit in connection with any account
(including, but not limited to, credit bureaus, third
parties who accept the card, third parties who
use, provide or participate in fee-based or free
benefit programs, enrollment services and
rewards programs, credit insurance companies,
debt collectors and all of their agents,
employees, directors and representatives) if and
only if, such third party is a party in connection
with the claim. The term claim is to be given the
broadest possible meaning that will be enforced
and includes, by way of example and without
limitation, any claim, dispute or controversy that
arises from or relates to (a) any of the accounts
created under any of the agreements, or any
balances on any such accounts, (b)
advertisements, promotions or oral or written
statements related to any such accounts, goods
or services financed under any of the accounts
or the terms of financing, (c) the benefits and
services related to Cardmembership (including
fee-based or free benefit programs, enrollment
services and rewards programs), and (d) your
application for any account. We shall not elect to
use arbitration under this Arbitration provision for
any claim that you properly file and pursue in a
small claims court of your state or municipality so
long as the claim is individual and pending only
in that court.

Initiation of Arbitration
Any claim shall be resolved, upon the election by
you or us, by arbitration pursuant to this
Arbitration provision and the code of procedures
of the arbitration organization to which the claim
is referred in effect at the time the claim is filed
(code), except to the extent the code conflicts
with this Agreement. Claims shall be referred to
either JAMS or the American Arbitration
Association (AAA), as selected by the party

electing to use arbitration. If our selection of
either of these organizations is unacceptable to
you, you may select the other organization within
30 days after you receive notice of our selection.
For a copy of the code, to file a claim or for other
information, contact either JAMS (1920 Main St
#300, Irvine, CA 92614 or jamsadr.com) or AAA
(335 Madison Ave, New York, NY 10017 or
adr.org).

In addition to the organizations listed above,
claims may be referred to any other arbitration
organization that is mutually agreed upon in
writing by you and us, or to an arbitration
organization or arbitrator(s) appointed pursuant
to § 5 of the Federal Arbitration Act, 9 U.S.C. §§
1-16, as it may be amended (FAA), provided that
any such organization and arbitrator(s) will
enforce the terms of the Restrictions on
Arbitration subsection set forth below.

Significance of Arbitration
IF ARBITRATION IS CHOSEN BY ANY PARTY
WITH RESPECT TO A CLAIM, 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
PARTICIPATE IN A REPRESENTATIVE
CAPACITY OR AS A MEMBER OF ANY CLASS
OF CLAIMANTS PERTAINING TO ANY CLAIM
SUBJECT TO ARBITRATION. EXCEPT AS SET
FORTH BELOW, THE ARBITRATOR’S
DECISION WILL BE FINAL AND BINDING.
NOTE THAT OTHER RIGHTS THAT YOU OR
WE WOULD HAVE IF YOU WENT TO COURT
ALSO MAY NOT BE AVAILABLE IN
ARBITRATION.

Restrictions on Arbitration
IF EITHER PARTY ELECTS TO RESOLVE A
CLAIM BY ARBITRATION, THAT CLAIM SHALL
BE ARBITRATED ON AN INDIVIDUAL BASIS.
THERE SHALL 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. The
arbitrator’s authority to resolve claims is limited to
claims between you and us alone, and the
arbitrator’s authority to make awards is limited to
awards to you and us alone. Furthermore, claims
brought by you against us, or by us against you,
may not be joined or consolidated in arbitration
with claims brought by or against someone other
than you, unless agreed to in writing by all
parties. No arbitration award or decision will have
any preclusive effect as to issues or claims in any
dispute with anyone who is not a named party to
the arbitration. Notwithstanding any other
provision of this Agreement (including but not
limited to the Continuation subsection below) and
without waiving either party’s right to appeal such
decision, should any portion of this Restrictions
on Arbitration subsection be deemed invalid or
unenforceable, then the entire Arbitration
provision (other than this sentence) shall not
apply.

Arbitration Procedures
This Arbitration provision is made pursuant to
transactions involving interstate commerce and
shall be governed by the FAA. The arbitration
shall be governed by the applicable code, ex-
cept that this Agreement shall apply if there are
any conflicts. The arbitrator shall apply applica-
ble substantive law consistent with the FAA
and applicable statutes of limitations, shall
honor claims of privilege recognized at law,
and, at the timely request of either party, shall
provide a brief written explanation of the basis
for the decision. The arbitration proceeding
shall not be governed by any federal or state
rules of civil procedure or rules of evidence.
Any party may request that the arbitrator ex-
pand the scope of discovery by doing so in writ-
ing and copying any other parties, who shall
have 15 days to make objections. The arbitra-
tor will notify the parties of his/her decision
within 20 days of any objecting party’s submis-
sion. The arbitrator shall take reasonable steps
to preserve privacy. The arbitrator’s award shall
be final and binding, except for any right of ap-
peal provided by the FAA; however, either
party shall have 30 days to appeal that decision
by notifying the arbitration organization and any
other parties in writing. The organization will
then appoint a three-arbitrator panel which
shall consider anew any aspect of the decision
objected to by the appealing party. The panel
shall issue its decision, by majority vote, within
120 days of the appealing party’s written no-
tice. Judgment upon any award rendered by
the arbitrator or panel may be entered in any
court having jurisdiction.

Location of Arbitration
Arbitration hearings you attend shall take place
in the federal judicial district of your residence.

Payment of Fees
You will be responsible for paying your share, if
any, of the arbitration fees (including filing, ad-
ministrative, hearing and/or other fees), but
only up to the amount of the filing fees you
would have incurred if you had brought a claim
in the state or federal court closest to your
billing address that would have had jurisdiction.
We will be responsible for any additional arbi-
tration fees. At your written request, we will
consider in good faith making a temporary ad-
vance of all or part of your share of any arbitra-
tion fees. You will not be assessed any arbitra-
tion fees in excess of your share if you do not
prevail in any arbitration with us.

Continuation
This Arbitration provision shall survive
termination of your Account; voluntary payment
of the Account balance in full by you; any legal
proceeding by you or us to collect a debt owed
by the other; any bankruptcy by you or us; and
any sale by us of your Account (in the case of a
sale, its terms shall apply to the buyer of your
Account). If any portion of this Arbitration
provision, except as otherwise provided in the
Restrictions on Arbitration subsection, is
deemed invalid or unenforceable, it shall not
invalidate the remaining portions of this
provision.

Version 996616

Page 4 of 4