Merrick Bank Visa® or MasterCard® Cardholder Agreement
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE SEE THE  
“AGREEMENT TO ARBITRATE DISPUTES AND CLASS ACTION WAIVER” SECTION BELOW FOR ADDITIONAL DETAILS.

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1. Welcome to Merrick Bank and to Your Card Agreement. 
This document and the Pricing Appendix that came with 
your Card are your Agreement with us. Please keep this 
Agreement (including the Pricing Appendix as well as any 
future change-in-terms notices you may receive) in a safe 
place with your other important papers. The words used in 
this Agreement are defined and explained in the “Glossary 
and Definitions” section below. You may make Purchases 
anywhere the Card is honored, so long as you do not exceed 
your available credit limit and are otherwise in compliance 
with this Agreement. The Bank is not responsible for the 
failure of any merchant or any other party to accept or 
honor your Card. Unless applicable law otherwise requires, 
if you make a Purchase on your Account and the merchant 
discloses a policy such as “no returns,” “no refund,” “no 
return or credit without receipt,” “as is,” “store credit only,” 
“all sales final” or similar statements, you will be bound by 
the merchant’s policy. You must acquaint yourself with the 
merchant’s return policies before you make your Purchase. 
For repeat, recurring or automatic Purchases, we may rely, to 
the maximum degree permitted by law, upon any reasonable 
proof presented to us by the merchant that you authorized 
such purchases and authorized being billed repeatedly for 
them. If you have authorized repeat, recurring or automatic 
Purchases and we replace your Card due to its being lost, 
stolen or at risk for fraud, you agree to notify the merchant of 
the change in your account number.

You may obtain Cash Advances from many locations where 
the MasterCard® or Visa® logo is displayed (depending on 
whether your Card is a MasterCard® or a Visa® card) or 
from an ATM that displays such a logo, so long as you do 
not exceed your available total credit limit and your available 
Cash Advance credit limit and are otherwise in compliance 
with this Agreement. A Cash Advance Transaction Fee will 
be charged to your Account each time you obtain a Cash 
Advance.

You must sign the back of the Card before you use it for 
the first time. BY SIGNING THE CARD OR USING IT TO 
MAKE A PURCHASE OR TO OBTAIN A CASH ADVANCE, 
YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF 
THIS AGREEMENT, INCLUDING THE PROVISION BELOW 
RELATING TO FUTURE CHANGES TO THIS AGREEMENT OR 
THE PRICING APPENDIX.

We may change the terms of this Agreement or the Pricing 
Appendix at any time. We may change or remove any of the 
terms and conditions of, or add new terms or conditions to, 
this Agreement or the Pricing Appendix, including without 
limitation by increasing existing fees, margins and rates, and 
adding new fees and charges, whether or not the Account 
has been cancelled, suspended or closed to new Account 
transactions, and, to the extent allowed by applicable law, 
any changes will apply to your entire Account Balance even 
though Purchases, Cash Advances or other transactions 
occurring prior to the date of the change may be part of the 
Account Balance. 

At any time, you may request that we mail you a copy of 
this Agreement in its then-current form, or you may review 
it on the Internet at www.merrickbank.com/agreements. If 
you are visually impaired, please call us at (800) 253-2322 
for assistance.

2. Your Promise to Pay. You promise to pay, according to 
the terms of this Agreement, all amounts owing under your 
Account and this Agreement including, without limitation, 
the total amount of all Purchases, Cash Advances, interest 
charges and all other charges and fees described in this 
Agreement. If you have requested a Card for use by someone 
else, you will be responsible for that person’s transactions, 
including transactions for which you may not have intended 
to be liable. We reserve the right to hold such person 
responsible for his or her Purchases, Cash Advances and 
associated interest charges and fees, but our doing so does 
not relieve you of your duty to pay. Although we will send you 
Billing Statements, if you do not receive a Billing Statement 
you still must pay your Minimum Payment by the Payment 
Due Date. If you do not receive a Billing Statement, you 
must call us at (800) 253-2322 to find out your Payment 
Due Date and Minimum Payment, and to advise us of your 
correct mailing address. We will only mail Billing Statements 
to one mailing address. With your authorization, we may 
also provide your Billing Statements via email or other 
electronic means. You must notify us immediately of any 
change to your mailing or email address. We will only send 
Billing Statements to you, and not to any third party (except 
if applicable law requires otherwise). No matter where 
Billing Statements are sent or when they are received, your 
obligation to make timely Minimum Payments and to pay all 
other amounts owed on the Account is not excused.

We may accept late or partial payments without losing any 
of our rights under this Agreement. You agree not to send us 
partial payments marked “paid in full,” “without recourse,” or 
similar language. If you send such a payment, we may accept 
it without losing any of our rights under this Agreement.

If you do not pay what you owe when it is due, or if you 
otherwise violate this Agreement (including in connection 
with the Deposit Account or the Bank’s security interest 
therein), then in addition to all charges, interest, fees and 
other amounts described in this Agreement you also must 
pay us, or our assignee, all collection costs, legal expenses 
or other expenses resulting from any and all efforts to collect 
what is owed on the Account or as a result of use of the Card, 
or otherwise to respond to your violation of this Agreement. 
This includes all attorneys’ fees and arbitration or court 
costs. You agree to pay reasonable attorneys’ fees even if the 
attorney is a salaried employee of the Bank or its assignee. 

3. How to Make Payments and How We Apply Them. You 
must pay us in U.S. Dollars, with a check, draft or money 
order drawn on a United States bank or the United States 
Postal Service, or through an automated clearing house 
acceptable to us in our sole discretion. 

Payments received with the payment coupon and received 
from the postal or other delivery service by 5:00 p.m. local 
time at the payment address indicated on the most recent 
Billing Statement will be posted to your Account as of that 
date. If you send payments to any other address or fail to 
include the payment coupon, the payment may be lost or 
there may be a delay in posting the payment. Either event 
could result in a Late Payment Fee and/or additional interest 
charges.  Please call us at (800) 253-2322 or go to  
www.merrickbank.com/payments if you do not know where 
to send your payment or if you wish to confirm that a 
payment has been received.

Payments in excess of the Minimum Payment shown on 
the most recent Billing Statement will be applied first to the 
highest APR balance. In general, amounts up to the Minimum 
Payment will be applied in the manner most favorable to us, 
which usually will be to lower APR balances (including any 
zero APR balances) before higher APR balances.

Merrick Bank processes electronic check conversions. This 
means that if you send us a check we may take information 
from it (including without limitation the amount, your bank 
routing number, checking account number and check 
number) to initiate an electronic funds transfer (EFT). An EFT 
likely will clear more quickly than a check, and your checking 
account even may be debited the same day we receive your 
check. Please be sure you maintain sufficient funds in your 
checking account when you send us a check; if there are 
not sufficient funds and your bank returns the item to us 
unpaid, you must pay a Returned Item Fee. With electronic 
check conversion, you will not receive your cancelled check 
back, but your checking account statement should provide 
sufficient information about the EFT. If we are unable to 
process the EFT for any reason, we may submit either your 
original check or a copy of your original check to your bank 
for payment and processing.  

4. You Must Make Your Minimum Payments On Time. 
You may pay the New Balance in full every month, or you 
can pay it in monthly installments. If you decide to pay it in 
installments, then each Billing Cycle you must pay at least 
the Minimum Payment shown on the Billing Statement 
by the Payment Due Date. The Minimum Payment will be 
calculated as described in the Pricing Appendix. Even if you 
pay more than the Minimum Payment in one Billing Cycle, 
you still must pay the full Minimum Payment in future Billing 
Cycles until the entire Account Balance is paid. Credits 
applied for reversals of Purchases (for example, merchant 
credits for returned or defective goods) or for reversals of 
fees or interest charges do not count toward your Minimum 
Payment. For example, if the Minimum Payment is $50, you 
still must pay us the full $50 by the Payment Due Date even if 
you return $50 worth of goods to a merchant where you use 
the Card. If the Minimum Payment is not received on time, 
you agree to pay a Late Payment Fee.

If banking regulation requires that we classify your Account 
uncollectible and charge it off due to non-payment, your 
death or other violation of this Agreement, you will be in 
default and the Bank reserves the right to (1) refuse to 
honor any further Purchases or Cash Advances, (2) reduce 
your credit limit, (3) require payment of a portion of your 
outstanding balance greater than the Minimum Payment, (4) 
declare the entire balance of your Account immediately due 
and payable, and/or (5) exercise such other and further of its 
rights under this Agreement or applicable law as the Bank in 
its sole discretion deems appropriate.

5. How Interest Is Calculated. We use the Average Daily 
Balance method (including new transactions) to calculate 
interest on your Account. The Average Daily Balances for 
Purchases and Cash Advances are calculated separately. 

To calculate the Average Daily Balances, we start with the 
beginning balance for each day in the Billing Cycle. For 
Purchases, the beginning balance includes billed but unpaid 
interest on Purchases, Annual Fees (including Additional Card 
Fees), Late Payment Fees, Returned Item Fees, Over Limit 
Fees, Copying Charges, Currency Conversion Charges related 
to Purchases, Phone Payment Fees, Replacement Card Fees, 
the Account Set-up Fee and Fees for Other Services. For Cash 
Advances, the beginning balance includes billed but unpaid 
interest on Cash Advances, Cash Advance Transaction Fees 
and Currency Conversion Charges related to Cash Advances. 
We then add any new charges and subtract any payments or 
credits. This gives us the daily balance for each day, except 
that if the daily balance is negative, we treat it as zero. We 
then add up all of the daily balances for each balance and 
divide by the number of days in the Billing Cycle. This gives 
us the Average Daily Balance for each balance. The interest 
charged for each balance equals the Average Daily Balance 
for that balance times the applicable DPR times the number 
of days in the Billing Cycle. The results are then added 
together to determine the total interest charge for the Billing 
Cycle. To the extent interest comprises any part of your 
Average Daily Balance, compounding of interest will occur.

Charges are added as of the date of the transaction. If a 
transaction occurs in one Billing Cycle but is not posted to 
your Account until the next Billing Cycle, the transaction is 
added or subtracted on the first day of the Billing Cycle in 
which the transaction is posted to your Account. If the DPR 
for Purchases or Cash Advances changes during a Billing 
Cycle, the new DPR will take effect as of the first day of the 
Billing Cycle.

6. About Periodic Rates (APRs and DPRs). If your Account 
has an Introductory APR for Purchases or Cash Advances, 
the Introductory APR and the corresponding Introductory 
DPR will be shown in the “Interest Rates and Interest 
Charges” section of the Pricing Appendix. Introductory APRs 
are fixed rates and are not based on movements in the Prime 
Rate. Introductory APRs will be in effect until the Introductory 
Period End Date shown in the “Interest Rates and Interest 
Charges” section of the Pricing Appendix. 

If your Account does not have an Introductory APR for 
Purchases or Cash Advances, or after the Introductory 
Period End Date, your APRs and DPRs will vary. The 
APR for Purchases and the APR for Cash Advances will 
be determined by adding the Purchase Margin and Cash 
Advance Margin shown in the “Variable Rate Information” 
section of the Pricing Appendix to the Prime Rate. The DPR 
is 1/365th of the corresponding APR. However, the APRs 
for Purchases and Cash Advances will never be greater than 
the lesser of the Purchase or Cash Advance APR Cap shown 
in the “Variable Rate Information” section of the Pricing 
Appendix or the maximum rate permitted by applicable law. 
The “Interest Rates and Interest Charges” section of the 
Pricing Appendix includes the APRs and the “Daily Periodic 
Rates” section of the Pricing Appendix includes DPRs for 
Purchases and Cash Advances as of the date indicated in 
the Pricing Appendix. Any changes in your APRs and DPRs 
resulting from a change in the Prime Rate during a Billing 
Cycle will take effect as of the first day of the Billing Cycle. An 
increase in the Prime Rate may result in an increase in the 
amount of interest charged, the Minimum Payment or both.

7. How to Avoid Paying Interest on New Purchases. You will 
not be charged interest on new Purchases during a Billing 
Cycle if you paid the entire New Balance, if any, shown on the 
Billing Statement on or before the Payment Due Date.

8. About Other Interest Charges and Fees. You agree to 
pay the following additional interest charges and fees (if 
applicable to your Account) in the amounts set forth in the 
“Fees” section of the Pricing Appendix.

a. Account Set-Up Fee. If applicable, an Account Set-Up Fee 
will be charged to your Account when the Account is opened.

b. Annual Fee. If the Pricing Appendix includes an Annual Fee, 
your Account will be charged an Annual Fee as described in 
the “About Annual Fees” section of this Agreement.

c. Cash Advance Transaction Fee. A Cash Advance 
Transaction Fee will be charged to your Account each time 
you obtain a Cash Advance.

d. Copying Charge. Your Account will be charged $2 for each 
page of any copy of a Billing Statement, sales slip or payment 
copy that the Bank produces at your request, except if the 
copies are produced to resolve a reported billing error under 
the Fair Credit Billing Act.

e. Currency Conversion Charge. For each Purchase or Cash 
Advance made in a foreign currency, we add an additional 
interest charge of 2% of the amount of the Purchase or Cash 
Advance after its conversion into U.S. Dollars, as described 
in the “About Foreign Currency Transactions” section of this 
Agreement.

f. Late Payment Fee. Your Account will be charged a Late 
Payment Fee if you have not paid the Minimum Payment on a 
Billing Statement by the Payment Due Date.

g. Minimum Interest Charge. In any Billing Cycle in which 
your Account has a balance, you were not charged a Cash 
Advance Transaction Fee and the total interest charged for 
the Billing Cycle would otherwise be less than $1, a Minimum 
Interest Charge will be charged to your Account.

h. Phone Payment Fee. If you wish expedited service for 
transmittal of a payment, you may request to make a phone 
payment. Your Account will be charged $10 for each phone 
payment you request.

i. Replacement Card Fee. Your Account will be charged $15 
for each replacement Card or PIN you request, no matter 
what the reason, or if your Card or PIN is lost or stolen.

j. Returned Item Fee. A Returned Item Fee will be charged 
to your Account if for any reason a check, draft or similar 
instrument is not honored or cannot be processed, or if 

an EFT or electronic debit is returned unpaid or cannot be 
processed, even if the item is later honored or paid following 
resubmission. You authorize us to resubmit returned 
payments (including without limitation through electronic 
collection methods) at our discretion. 

k. Fees for Other Services. We may charge other fees to your 
Account for services associated with your Account that you 
request. You may decline the services before the fees are 
charged.

l. Over Limit Fee. If the law permits, we will charge an 
Over Limit Fee as set forth in the Pricing Appendix. We are 
not obligated to approve any over the limit transaction. If 
any amount set forth in the Pricing Appendix exceeds the 
maximum permitted by applicable law, we will follow the law 
as to such fee or charge.

9. About Annual Fees. If your Card is subject to an Annual 
Fee, but you have not yet used your Card to make a Purchase 
or to obtain a Cash Advance, you may cancel your Account 
within 90 days of receiving the Card by calling (800) 253-
2322 or by writing to us at Merrick Bank, P.O. Box 9201, 
Old Bethpage, NY 11804-9001. If we receive your request to 
cancel within 90 days of your receipt of the Card, you will not 
be responsible for the Annual Fee if you have not previously 
used the Card or the Account. Otherwise, you must pay the 
Annual Fee.

If you obtain an additional Card, the amount of the Annual 
Fee will be increased by the Additional Card Fee described in 
the Pricing Appendix. Both the Annual Fee and the Additional 
Card Fee must be paid for each year (or part thereof) when 
the Account is open, whether or not the Card is used during 
the year and whether or not there is a balance on the Card. 
Payment of the Annual Fee does not assure you of good 
standing on the Account, does not affect our right to change 
the terms of this Agreement and does not affect our right to 
decline authorization of any Purchase or Cash Advance. If 
the Account is closed but with an unpaid balance, the Annual 
Fee and Additional Card Fee must be paid for each year (or 
part thereof) when there is a balance greater than zero on 
the Account.

After the first year you have the Card, we may in our 
discretion choose to bill the Annual Fee and the Additional 
Card Fee in 12 monthly installments. However, you will still 
be responsible to pay the full Annual Fee and Additional Card 
Fee even if you or we close the Account and/or you surrender 
the Card and/or any additional Card in the middle of the year. 

10. About the Credit Limits on the Account. The Bank has 
established a total credit limit and a Cash Advance credit limit 
on the Account, and any transaction that might exceed one 
of these credit limits may be declined at our sole discretion. 
These credit limits may be reduced at any time without 
warning or notice to you, at any time, during any Billing 
Cycle. We similarly may suspend charging privileges at any 
time and for any reason (or no reason) without warning 
or notice to you. This may, for example, occur if you fail to 
comply with any provision of the Agreement, if we in our sole 
discretion believe our likelihood of being repaid is diminished 
or impaired, or if overall credit market conditions make it 
infeasible or more costly to extend credit to you. 

In determining your continuing creditworthiness, the Bank, 
in its discretion, may consider, among other things, the total 
amount of debt you are carrying compared to your resources 
or any other of your credit characteristics, regardless of your 
performance on the Account. 

Subject to our review and approval, you may, if your Account 
is secured or partially secured, increase your credit limit by 
making additional deposits into the Deposit Account. Any 
such additional deposits must be at least $50, and without 
our express written approval the balance in the Deposit 
Account may not exceed an amount that together with any 
unsecured credit available to you through your account 
would cause your total credit limit to exceed the amount of 
$10,000.

Certain transactions or combinations of transactions may 
cause your Account Balance or your Cash Advance balance 
to reach or exceed credit limits, and as a result authorization 
for certain Purchases or Cash Advances may be declined. For 
example, even if we have posted a payment or credit to the 
Account, we still may in our sole discretion decline to permit 
use of a portion of the credit limit equal to the amount of the 
payment or credit for up to 11 days from the date posted. 
Additionally, certain merchants (such as hotels or rental car 
agencies) as a matter of policy will process charges in a 
manner resulting in a temporary restriction of the use of a 
portion of the credit limit that is substantially greater than the 
actual amount of the charge; please inquire of the merchant 
before using the Card to determine whether the merchant 
follows such a policy.

11. About Foreign Currency Transactions. Purchases 
and Cash Advances made in currencies other than U.S. 
Dollars will be converted to U.S. Dollars under the operating 
regulations or foreign currency conversion procedures 
established by Visa® or MasterCard® then in effect. 
Conversion to U.S. Dollars may occur several days or weeks 
after the transaction; therefore, the currency conversion rate 
may be significantly different from the rate in effect at the 
time of the transaction. We do not determine the currency 
conversion rate that is used, and it may be significantly 
less favorable to you than a rate you could obtain in a cash 
transaction. You agree to pay the converted amount. For 
each Purchase or Cash Advance made in a foreign currency, 
we add an additional interest charge of 2% of the amount 
of the Purchase or Cash Advance after its conversion into 
U.S. Dollars.

12. What Purchases and Cash Advances Are Not Allowed. 
We may, in our sole discretion, deny authorization for any 
requested Purchase or Cash Advance. You may not use the 
Account or the Card for business or commercial purposes; 
the Account and the Card may be used for consumer 
purposes only.

You may not use the Account or the Card to make payments 
on the Account or anyone else’s account with us.

You may not use the Account or the Card for unlawful 
gambling activity.

You may not use the Account or the Card to purchase illegal 
items, to commit fraud, to harm anyone or to engage in any 
other activity prohibited by law.

You may not use the Account or the Card to make Purchases 
that exceed your available credit limit.

You may not use the Account or the Card to obtain Cash 
Advances that exceed your available credit limit or available 
Cash Advance limit.

You may not use the Card, make any Purchases or request 
any Cash Advances when you or any other person obligated 
on the Account is insolvent or after a bankruptcy petition 
has been filed. If you use or if you let someone else use the 
Account or the Card for a prohibited, improper or unlawful 
purpose, or at a time when use of the Account or the Card 
is not permitted, you still will be responsible for all charges 
relating to such use, to the maximum degree permissible by 
law. You also will be responsible for all additional amounts 
or expenses the Bank, Visa® or MasterCard® might pay as a 
result of such use, such as if the Bank, Visa® or MasterCard® 
is sued in regard to your use of the Account or the Card. It is 
your responsibility to determine if your transactions or those 
that you let someone else make are lawful; neither the Bank 
nor Visa® nor MasterCard® is responsible for determining the 
legality of any transaction.

13. Closing the Account. We may close the Account at any 
time for any reason (or no reason) and without prior notice. 

You may close the Account at any time. Authorized users of 
the Account other than you may not close the Account. All 
amounts due on the Account pursuant to this Agreement 
must be paid even if the Account is closed (no matter by 
whom) or if charging privileges are reduced, restricted or 
suspended. You will forfeit to us any credit balance of 99 
cents or less if you do not make an offsetting Purchase within 
one Billing Cycle after the creation of the credit balance.

14. About Excess Payments and Credits. If payments and 
credits posted to the Account exceed what you owe, you will 
have a credit balance with us, which may be offset against 
future Purchases or Cash Advances that occur. If a credit 
balance persists for five Billing Cycles, we will mail a check 
to you for the amount of the credit balance if it is $1 or more. 
If we are unable to locate you, any credit balance in your 
account will be escheated pursuant to applicable law. You will 
forfeit to us any credit balance of 99 cents or less if you do 
not make an offsetting Purchase. 

15. About Credit Reporting. You authorize us to request 
consumer reports (also known as credit reports) including 
periodic updates about you, to make whatever credit 
investigations we deem appropriate, to obtain and exchange 
any information we may receive from consumer reports and 
other sources and to use such information for any purpose 
(including to reduce credit limits, to restrict or suspend 
charging privileges or to close the Account). You also 
authorize us to furnish information concerning your Account 
and your performance under this Agreement to consumer 
reporting agencies (credit bureaus) or to others, but you 
acknowledge that we are under no duty to do so. If you 
believe information we have furnished about your Account 
to a consumer reporting agency is inaccurate, you should 
notify the appropriate credit reporting agency to request that 
it investigate the possible inaccuracy. You may also write 
to us at Merrick Bank, P.O. Box 9201, Old Bethpage, NY 
11804-9001, and identify the specific information you believe 
is inaccurate. If you are dissatisfied with our response to 
your claim that inaccurate information has been reported, 
you must write us again to request that we inform consumer 
reporting agencies that you dispute our manner of reporting; 
if you do not do so, we will assume that you agree with our 
response and that no dispute exists. IF YOU FAIL TO MAKE 
PAYMENTS ON TIME AS SET FORTH IN THIS AGREEMENT 
OR IF YOU OTHERWISE FAIL TO FULFILL THE TERMS OF 
THIS AGREEMENT, THEN NEGATIVE OR DEROGATORY 
INFORMATION MAY BE PLACED ON YOUR CREDIT FILE 
AND THIS COULD IMPAIR YOUR ABILITY TO RECEIVE 
FUTURE CREDIT, INSURANCE OR EMPLOYMENT AND 
COULD HAVE OTHER ADVERSE CONSEQUENCES FOR YOU.

16. The Deposit Account and Security Agreement (If 
Applicable). If the Account was approved on condition of its 
being secured or partially secured, the following rules apply: 
(i) you agree to create a Deposit Account, which you shall 
maintain with us and cause to remain unencumbered, except 
for the security interest granted to the Bank pursuant to this 
Agreement (for example, you shall not allow the Deposit 
Account to become subject to any nonconsensual lien, 
judgment, attachment or execution); and (ii) we do not allow 
any withdrawal from the Deposit Account until the Account is 
closed and any outstanding balance is paid in full.

YOU HEREBY GRANT TO THE BANK A SECURITY INTEREST 
IN THE DEPOSIT ACCOUNT TO SECURE PERFORMANCE 
BY YOU OF ALL OF YOUR OBLIGATIONS WITH RESPECT 
TO THE ACCOUNT AND OTHERWISE UNDER THIS 
AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE 
OBLIGATION TO MAKE PAYMENTS TO THE BANK AS 
DESCRIBED HEREIN.

If the Account is closed by you or us for any reason, you 
authorize us to apply all or any part of the funds in the 
Deposit Account to reduce all amounts owed on the Account 
and any other outstanding obligation owed to the Bank, 
including, without limitation, any part of your outstanding 
Account balance in connection with which any claim under 
a credit insurance policy or debt cancellation program is 
pending. The application of your deposit will be a credit 
adjustment to your Account balance, and is not a payment. If 
we elect not to, or otherwise fail to apply funds in the Deposit 
Account against amounts owed on the Account or any other 
outstanding obligation owed to the Bank, you agree that: (1) 
we do not thereby waive any right we have to do so at any 
later date, and may so apply such funds at any time, in our 
sole discretion; and (2) you are not thereby excused from 
the performance of any obligation owing with respect to the 
Account or otherwise under this Agreement. If, however, (A) 
the Account is closed by you or by us for any reason, and 
(B) we fail to apply the funds in the Deposit Account against 
amounts owed on the Account or otherwise to us, you may 
request, in writing, that we apply the funds in the Deposit 
Account against such amounts. We will honor any such 
written request within five business days after we receive it at 
Merrick Bank, P.O. Box 9201, Old Bethpage, NY 11804-9001. 
If the amount in the Deposit Account exceeds the amount 
you owe the Bank, then, unless you instruct us otherwise, 
we will handle the funds remaining in the Deposit Account in 
accordance with the terms of the following paragraph.

After the Account has been closed and there are no 
amounts owing in connection therewith or otherwise under 
this Agreement, we can hold the funds in the Deposit 
Account until the earlier of the following: (1) we elect, in 
our discretion, to close the Deposit Account and return any 
remaining funds to you; or (2) not more than 90 days after 
we receive from you a written request to return any funds 
remaining in the Deposit Account. 

17. Additional Deposit Account and Security Agreement 
Disclosures. If you have a Deposit Account, the following 
shall apply:

a. Interest Rate. Interest will not be paid on your Deposit 
Account.

b. Minimum Balance to Open and Maintain the Deposit 
Account. You must initially deposit, and at all times maintain, 
a deposit amount that is defined on the application unless we 
specifically agree otherwise with you. If you do not, we either 
will not open the Account or we may terminate the Account. 
We reserve the right to refuse to accept any deposit into the 
Deposit Account. 

c. Subsequent Deposits. Subsequent deposits into your 
Deposit Account must be at least $50. 

d. Transaction Limitations. You may not withdraw or transfer 
funds from the Deposit Account, except as otherwise set 
forth in this Agreement. Funds may not be used to make 
a payment. Funds from a closed Deposit Account will be 
returned in accordance with the section above titled “The 
Deposit Account and Security Agreement.” 

e. Fees. A Returned Item Fee, as shown in the “Fees” section 
of the Pricing Appendix, will be charged for each check or 
other item submitted as a deposit to the Deposit Account that 
is returned or rejected for any reason, including insufficient 
funds. 

f. Statements. Information about the Deposit Account will 
appear on each Billing Statement that we send you. 

18. We Are Not Responsible for Third-Party Features, 
Services or Benefits. If your Card includes a rewards 
program, you acknowledge and agree that third-parties are 
responsible to fulfill any merchandise, rewards or other 
redemptions, and that any such rewards program will be 
governed by separate terms and conditions provided to you 
prior to participation in the program. From time to time your 
Card may include various additional features, services and 
enhancements, including common carrier travel insurance, 
credit card registration for lost or stolen credit cards, and 
emergency cash service. The Bank is not liable for these 
features, services, and enhancements, and such features, 
services, and enhancements are the sole responsibility of the 

third-party provider. You agree to hold the Bank harmless 
from any claims, actions or damages resulting from your use 
of any of these features, services or enhancements, when 
permitted by applicable law. The Bank reserves the right to 
adjust, add or delete benefits and services at any time and 
without compensating you in any fashion.

19. You Must Read Your Billing Statement Carefully 
as Soon as You Receive It. You must read your Billing 
Statement as soon as you receive it. You must review all of 
it carefully, including information regarding your Deposit 
Account, if any. If there is an error on your Billing Statement 
and you do not advise the Bank of that error within 60 days 
after the Bank mails the Billing Statement to you, you will be 
bound by what the Billing Statement shows. You should also 
read carefully the billing dispute information provided in the 
section below titled “Your Billing Rights Under the Fair Credit 
Billing Act.”

20. Protecting the Account From Fraud. Help to prevent 
fraud before it occurs. Call us immediately at (877) 727-6881 
if you lose the Card, if it is stolen or if you suspect any 
fraudulent use. Reading your Billing Statement as soon as 
you receive it and reviewing transactions at  
www.merrickbank.com/cardholdercenter are ways to 
help prevent fraud. You will not be responsible for any 
unauthorized Purchases with the Card occurring after we 
receive word of its loss or theft. Even if the Purchases 
occur before we receive word of its loss or theft, you will 
not be responsible for them so long as: (1) you promptly 
gave us notice of the loss or theft; (2) the transactions 
were processed by Visa® or MasterCard®; and (3) you 
were neither engaged in any fraud nor grossly negligent in 
handling the Account or the Card. In all other circumstances 
you will be responsible for all resulting Purchases and 
Cash Advances, and we reserve the right to collect from 
you all amounts due or otherwise resulting from such 
Purchases and Cash Advances. YOU ALSO WILL BE 
RESPONSIBLE FOR ANY LOSSES RELATING TO CASH 
ADVANCES OR RESULTING FROM ANY ATM OR POINT OF 
SALE TRANSACTION WHERE THE CORRECT PERSONAL 
IDENTIFICATION NUMBER WAS ENTERED IN CONNECTION 
WITH THE TRANSACTION. DO NOT GIVE OUT YOUR ATM 
PIN NUMBER TO ANYONE AND DO NOT KEEP IT WITH THE 
CARD! We take Card theft and fraud very seriously, and you 
agree to cooperate with our investigation and further agree to 
assign to us any claims you may have against any third party 
related to theft, fraud or unauthorized use.

21. Your Billing Rights Under the Fair Credit Billing Act.

YOUR BILLING RIGHTS. KEEP THIS NOTICE 
FOR FUTURE USE.

This notice contains important information about your rights 
and our responsibilities under the Fair Credit Billing Act.

Notify Us in Case of Errors or Questions About Your Bill 

If you think your bill is wrong, or if you need more 
information about a transaction on your bill, write to us on a 
separate sheet of paper at Merrick Bank, P.O. Box 9201, Old 
Bethpage, NY 11804-9001. Write to us as soon as possible. 
We must hear from you no later than 60 days after we sent 
you the first bill on which the error or problem appeared. You 
can telephone us, but doing so will not preserve your rights.

In your letter, give us the following information: 

•	 Your name and account number. 

•	 The dollar amount of the suspected error. 

•	 Describe the error and explain if you can, why you 

believe there is an error. If you need more information, 
describe the item you are not sure about. 

If you have authorized us to pay your credit card bill 
automatically from your savings or checking account, you 
can stop the payment on any amount you think is wrong. To 
stop the payment, your letter must reach us three business 
days before the automatic payment is scheduled to occur. 

Your Rights and Our Responsibilities After We Receive 
Your Written Notice

We must acknowledge your letter within 30 days, unless we 
have corrected the error by then. Within 90 days we must 
either correct the error or explain why we believe the bill was 
correct. After we receive your letter, we cannot try to collect 
any amount you questioned, or report you as delinquent. 
We can continue to bill you for the amount you question, 
including interest charges, and we can apply any unpaid 
amount against your credit limit. You do not have to pay 
any questioned amount while we are investigating, but you 
are still obligated to pay the parts of your bill that are not in 
question.

If we find that we made a mistake on your bill, you will not 
have to pay any interest charges related to any questioned 
amount. If we didn’t make a mistake, you may have to pay 
interest charges, and you will have to make up any missed 
payments on the questioned amount. In either case, we will 
send you a statement of the amount you owe and the date 
that it is due. 

If you fail to pay the amount that we think you owe, we may 
report you as delinquent. However, if our explanation does 
not satisfy you and you write to us within 10 days telling us 
that you still refuse to pay, we must tell anyone we report you 
to that you have a question about your bill. And, we must 
tell you the name of anyone we reported you to. We must 
tell anyone we report you to that the matter has been settled 
between us when it finally is. 

If we don’t follow these rules, we can’t collect the first $50 of 
the questioned amount, even if your bill was correct. 

Special Rules for Credit Card Purchases 

If you have a problem with the quality of property or services 
that you purchased with a 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 
property or services. There are two limitations on this right: 

a) You must have made the purchases in your home state 
or, if not within your home state, within 100 miles of your 
current mailing address; and 

b) The purchase price must have been more than $50. These 
limitations do not apply if we own or operate the merchant, 
or if we mailed you the advertisement for the property or 
services. 

22. How We May Contact You to Discuss the Account. Your 
use of the Card or the Account, or your signature on the 
Card or any charge slip for any Purchase or Cash Advance 
transaction, hereby amounts to your express consent for us 
or our assignee to contact you for any purpose (including 
without limitation for the purpose of collection or servicing 
the Account) in any manner at any telephone number 
(landline or wireless) or physical or electronic mail address 
you ever provide or have provided to us. For example, we 
or our assignee may, to the maximum degree permitted by 
applicable law:

(1) contact you by mail, telephone (landline or wireless), 
email, fax, recorded message, text message, short message 
service (SMS) and personal visit;

(2) contact you using an automated dialing and announcing 
or similar device, and to use artificial or prerecorded voice 
messages;

(3) modify or suppress caller ID and similar services and 
identify ourselves on these services in any manner we 
choose;

(4) leave prerecorded and other messages on your answering 
machine, answering service, voicemail and with family 
members or other persons taking messages for you; 

(5) contact you at your home and at your place of 
employment;

(6) contact you at any time, including weekends and holidays;

(7) contact you with any frequency; and

(8) identify ourselves, your relationship with us and our 
purpose for contacting you even if others might hear or 
read it.

We may do these things whether we contact you or you 
contact us. 

You agree that we are not required to reimburse you for any 
costs or other expenses resulting from our communicating 
with you by any method described in this Agreement. If 
you do not wish for us to use some particular manner 
of contacting you, you must notify us of this in writing. 
However, we are required by law to send you Billing 
Statements even if you request that we stop doing so. 

If you advise us that you are represented by an attorney, 
you must provide the attorney’s name, address and 
telephone number; if you do not provide the attorney’s 
contact information, we may contact you to confirm the 
representation and obtain the attorney’s contact information. 
If the attorney does not confirm in writing to us within 
45 days after we contact the attorney that you are his or 
her client, then we will assume that you are no longer 
represented by the attorney and we may communicate with 
you directly. Additionally, if any 45-day period passes where 
your attorney does not respond to communications from us, 
we will assume that you are no longer represented by the 
attorney and we may communicate with you directly.

You recognize that there is an established business 
relationship between you and us. Contacts with you about 
your Account are not unsolicited and might result from 
information we obtain from you or others. If you ask us to 
discuss your Account with someone else, you must provide 
us with documents that we ask for and that are acceptable to 
us in our sole discretion. 

You agree that we may, in our sole discretion, monitor or 
record telephone calls with you, regardless of who initiates 
the call. We may at our discretion preserve records of written, 
voice and electronic communications with you, but we do not 
promise to maintain such records for any period of time. 

You agree that we may, in our sole discretion, engage 
the services of an unrelated third party for the purpose of 
providing alternative format materials for persons who are 
visually impaired or providing language translation services.

23. Where We Are and How You May Contact Us. We are 
located in Utah, and the Account is opened and maintained 
there. Our customer service telephone number is (800) 
253-2322. Payments should be sent to the payment address 
indicated on the Billing Statement. Any general questions 
about your Account or the Card, as well as any questions 
or disputes of any item on a Billing Statement, should be 
mailed to: Merrick Bank, P.O. Box 9201, Old Bethpage, NY 
11804-9001. All communications relating to the Arbitration 
Agreement should be mailed to: Arbitration Manager, Merrick 
Bank, Legal Department, P.O. Box 5000, Draper, Utah 84020-
5000. Communicating with us at any other address will not 
protect your rights.

24. Agreement to Arbitrate Disputes and Class Action 
Waiver. This section is an agreement to arbitrate disputes 
(“Arbitration Agreement”) that may arise as a result of the 
Agreement or your Account. Read this Arbitration Agreement 
carefully. You may reject this Arbitration Agreement by 
notifying us in writing within 60 days using the procedure 
set forth at the end of this section. If a dispute arises that is 
covered by this Arbitration Agreement, you will be required to 
resolve the dispute through Binding Arbitration if you or we 
request Binding Arbitration as set forth herein. This means 
that you will not be able to have the dispute settled by trial or 
before a jury or to participate in a class action in court or a 
class action or consolidated arbitration. Other rights that you 
would have if you went to court may not be available or may 
be more limited in arbitration, including your right to appeal. 

In consideration for our willingness to provide you with an 
Account as set forth in the Agreement, you and we agree 
as follows: 

Any claim, dispute or controversy (“Claim”) by either you 
or us against the other arising from or relating in any way 
to the Agreement or your Account, except for the validity, 
scope or enforceability of this Arbitration Agreement, shall, at 
the demand of any party, be resolved by Binding Arbitration. 
However, we will not demand arbitration pursuant to this 
agreement to arbitrate in connection with any individual Claim 
that you properly file and pursue in a small-claims court of 
your state or municipality, so long as the Claim is pending 
only in that court. “Binding Arbitration” means an arbitration 
proceeding before the American Arbitration Association 
pursuant to the code of procedures of the American 
Arbitration Association in effect at the time the Claim is filed 
(the “Arbitration Rules”). Any arbitration proceeding will 
take place at a location within the federal judicial district that 
includes the most recent U.S. Mail address we have on file 
for you at the time the Claim is filed or at any other mutually 
acceptable location. Any party to the arbitration proceeding 
may enter judgment upon the arbitration award in any court 
having jurisdiction over the arbitration award and may have 
that judgment enforced by any court having jurisdiction over 
that judgment. 

A demand for arbitration under this agreement to arbitrate 
may be made either before or after a lawsuit or other legal 
proceeding begins. However, any demand for arbitration that 
is made after a lawsuit or other legal proceeding has begun 
must be made within 90 days following the service of a 
complaint, third-party complaint, cross-claim or counterclaim 
or any answer thereto or any amendment to any of the above.

This agreement to arbitrate Claims includes all controversies 
and claims of any kind between us. It also includes any 
disputes you have with our agents, contractors, employees, 
officers or assignees, any merchants with whom you use the 
Account, any credit reporting agencies to whom we report 
the Account or any other third party that has been involved 
or becomes involved with, or whose trademarks are used 
in connection with, any purchasing, marketing, soliciting, 
servicing or credit reporting activity relating to your Account. 

The Claims covered by this agreement to arbitrate include, 
without limitation: 

•	 Any disputes regarding: the application you prepared 
in connection with the issuance of your Account; any 
solicitation or advertising materials you received in 
connection with your Account; any activities relating 
to the maintenance or servicing of your Account; and 
any funds held by the Bank in connection with your 
Account; 

•	 Any disputes arising from the collection of amounts 

you owe in connection with your Account; 

•	 Any disputes concerning the dollar amount of 
payments made or transactions posted to your 
Account; 

•	 Any disputes concerning the processing of items or 
funds transfers sent to the Bank for the purpose of 
posting to your Account; 

•	 Any disputes regarding information obtained by us 
from, or reported by us to, credit bureaus or others; 
and

•	 Any disputes related to insurance or other services or 
products purchased from us in connection with your 
Account. 

ACTION, PRIVATE ATTORNEY GENERAL LITIGATION OR 
CONSOLIDATED ARBITRATION IN CONNECTION WITH 
THIS AGREEMENT TO ARBITRATE. NO ARBITRATOR 
OR COURT MAY ORDER OR PERMIT A JOINDER OF 
PARTIES IN CONNECTION WITH THIS AGREEMENT 
TO ARBITRATE, EXCEPT FOR JOINDER OF ANY JOINT 
APPLICANT OR OTHER AUTHORIZED USER OF THE 
ACCOUNT, UNLESS BOTH YOU AND WE CONSENT 
TO SUCH JOINDER IN WRITING. BY ACCEPTING THIS 
ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE 
RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, 
REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL 
LITIGATION OR CONSOLIDATED ARBITRATION RELATED 
TO THIS AGREEMENT OR YOUR ACCOUNT. 

The arbitrator will be required to follow relevant law and 
applicable judicial precedent to arrive at a decision and shall 
be empowered to grant whatever relief would be available 
in court. Where authorized by applicable law, the arbitrator’s 
award may include attorneys’ fees and other expenses. 
You and we both agree that the transactions subject to this 
agreement to arbitrate involve interstate commerce and 
that this agreement to arbitrate shall be governed by and 
enforceable under the Federal Arbitration Act. 

The cost of any arbitration proceeding shall be divided as 
follows: 

•	 If you initiate arbitration, you will be responsible for 

change-in-terms notices we send to you, constitute the 
final written expression of the Agreement between you and 
the Bank concerning the Card, the Account and the Deposit 
Account, and this Agreement may not be contradicted by 
evidence of any alleged oral agreement. 

32. Glossary and Definitions. The following definitions apply 
throughout your Agreement.

“Account” means the credit card account governed by this 
Agreement. The Account was created in and is maintained 
within the State of Utah.

“Account Balance” means what you owe the Bank at a 
particular moment in time, including all billed and accrued 
interest, based upon transactions that have posted by that 
time. The balance information you receive over the telephone 
from us may not be your payoff balance due to possible 
delays in posting or calculation, or due to fees or interest 
incurred or to be incurred, or for other reasons.

“Annual Fee” means the annual fee, if any, described in the 
Pricing Appendix.

“Additional Card Fee” means the additional fee, described 
in the Pricing Appendix, that must be paid annually for 
each additional Card provided to you, a co-applicant or an 
authorized user of the Account.

paying one half of the filing fee, or $125, whichever is 
less, when the demand for arbitration is made.

“Agreement” means this document and the Pricing Appendix, 
together with any changes in terms.

•	 If we initiate arbitration, we will be responsible for 

paying all arbitration costs. 

•	 Regardless of who initiates the arbitration, you will not 
be responsible for any arbitration fees that exceed one 
half of the filing fee, or $125, whichever is less, or the 
fees that you would have incurred if the Claim had been 
brought in court. 

“Annual Percentage Rate” or “APR” is the interest rate stated 
as a yearly rate. As set forth in the Pricing Appendix, different 
APRs will apply to Purchases and Cash Advances.

“Arbitration Agreement” means the section of this Agreement 
entitled “Agreement to Arbitrate Disputes and Class Action 
Waiver.”

Notwithstanding the foregoing, if you believe the cost of 
arbitration may be too burdensome, you may seek a waiver 
of the filing fee under the applicable Arbitration Rules. If you 
seek, but do not qualify for such a waiver, we will consider 
a written request from you to advance all or part of the 
filing fee. 

The arbitrator’s decision shall become final and binding 
after 30 days unless any party to the arbitration takes an 
appeal from the decision by making a written request to the 
American Arbitration Association. The appeal panel, which 
will consist of three arbitrators, will consider all factual 
and legal issues anew, will conduct the appeal in the same 
manner as the initial arbitration, and will make decisions 
based on the vote of the majority. We will advance any fees 
and costs required by the American Arbitration Association to 
commence any appeal. The appeal panel’s decision shall be 
final and binding. 

In the event of a conflict between the Arbitration Rules and 
this Arbitration Agreement, this Arbitration Agreement shall 
govern. This Arbitration Agreement shall not apply to any 
Claims as to which the limitations herein on class actions 
or class-action or consolidated arbitration are not permitted 
by applicable law. If any other provision of this agreement 
to arbitrate should be found invalid or unenforceable such 
a determination shall not affect the enforceability of the 
remaining provisions which shall remain and continue in full 
force and effect. 

You may contact the American Arbitration Association to 
obtain information about arbitration, arbitration procedures 
and fees by calling the telephone number or going to the 
Internet website indicated below: 

American Arbitration Association 
335 Madison Avenue (10th Floor) 
New York, NY 10017-4626 
800-778-7879 
www.adr.org 

RIGHT TO REJECT ARBITRATION

YOU HAVE THE RIGHT TO REJECT THIS AGREEMENT 
TO ARBITRATE, BUT YOU MUST EXERCISE THIS RIGHT 
PROMPTLY. If you do not wish to be bound by this 
agreement to arbitrate, you must notify us in writing within 
60 days after the date your Account is opened. You must 
send your request to: Arbitration Manager, Merrick Bank, 
Legal Department, P.O. Box 5000, Draper, Utah 84020-
5000. The request must include your 16-digit Account 
number and a clear statement of your intent, such as “I 
reject the arbitration clause in the Merrick Bank Visa® or 
MasterCard® Cardholder Agreement.” 

25. Third-Party Legal Process Against the Account or 
the Deposit Account. We will comply with any notice of 
garnishment, attachment, tax levy, injunction, restraining 
order, subpoena or other legal process relating to the 
Account or the Deposit Account that, in our sole judgment, 
appears to be valid. If your Account or Deposit Account 
becomes involved or subject to any legal or administrative 
proceeding, and we are ordered or required to take any 
action relative to your Account or Deposit Account that is 
inconsistent with the terms of this Agreement, the terms of 
such order or requirement shall supersede and replace the 
terms of this Agreement. You agree to pay all of our costs 
and expenses associated with responding to any matter 
described in this paragraph, including our attorneys’ fees.

26. Utah and Federal Law Apply to the Account. This 
Agreement and all matters relating to the Card or the 
Account, as well as any disputes between us and you, shall 
be subject to and governed by federal law and the internal 
laws of the State of Utah without regard to rules concerning 
conflicts of law or choice of law.

27. Jurisdiction, Venue and Service of Process. You 
acknowledge that you applied for credit from a bank located 
in Utah and by using the card are borrowing money from a 
bank located in Utah. You acknowledge and agree that we 
may enforce this Agreement and resolve any disputes, for 
which arbitration is not demanded in accordance with the 
Arbitration Agreement, in courts located in Salt Lake County, 
Utah, and that such courts have proper jurisdiction to hear 
any matters related to this Agreement. You agree that we may 
serve process upon you using certified mail from the United 
States Postal Service or any other courier service, and you 
hereby acknowledge that the signature of any person found 
at your residence or other address on such mailing receipt 
will serve as satisfactory proof that process was served upon 
you and shall be deemed notice to you thereof. 

28. We May Assign the Agreement but You May Not. You 
may not sell, assign, or otherwise transfer this Agreement, 
the Card, the Deposit Account or the Account, or any portion 
thereof, without the express written consent of the Bank. 
The Bank may sell, assign, or transfer this Agreement or 
the Account or the Deposit Account, or any portion thereof 
or any rights to collect money thereunder, at any time and 
without your prior consent.

29. We Do Not Waive Our Rights Through Inaction or 
Delay. The Bank’s failure to exercise (or delay in exercising) 
any of its rights under this Agreement or its waiver of its 
rights on any one or more occasions shall not constitute a 
waiver of such rights on any other occasion. All rights and 
remedies of the Bank are cumulative and may be pursued 
singularly, successively or together, at its sole option.

30. Severability. If any portion of this Agreement, other 
than the class action waiver provisions of the Arbitration 
Agreement, is deemed invalid or unenforceable, the 
remaining portions shall nevertheless remain in force. If the 
class action waiver provisions of the Arbitration Agreement 
are deemed invalid or unenforceable, then the entire 
Arbitration Agreement shall be null and void but all other 
portions of this Agreement shall nevertheless remain in force.

“ATM” means automated teller machine.

“Average Daily Balance” means the average of the daily 
balances on your Account during a Billing Cycle.

“Bank,” “Merrick Bank,” “we,” “our” and “us” mean Merrick 
Bank Corporation.

“Billing Cycle” means the interval between the closing dates 
for each successive Billing Statement.

“Billing Statement” means the Billing Statement you receive 
for your Account each month. We are under no obligation to 
send you a Billing Statement if your Account Balance is zero 
and if you have no transactions on the Account during the 
Billing Cycle.

“Card” means the plastic card(s) we have provided to you 
to make charges to the Account, as well as any additional, 
renewal, replacement or temporary card and any other device 
or technology which may be used to make charges to the 
Account or to evidence its existence.

“Cash Advance” means a transaction with the Card wherein 
you receive cash or a cash equivalent, or wherein we provide 
cash or a cash equivalent to someone at your direction. 
Examples of Cash Advance transactions include ATM 
transactions, balance transfers, money transfers, money 
order purchases, tax payments, traveler’s check purchases, 
foreign currency purchases, casino chip purchases and 
gaming transactions. Even if we choose to treat a particular 
Cash Advance (or a portion of it) as a Purchase, we may still 
treat other Cash Advances (or portions of them) as Cash 
Advances, and we do not waive our right to do so.

“Cash Advance APR Cap” means the highest APR for Cash 
Advances that may apply to your Account.

“Cash Advance Margin” is the amount that is added to the 
Prime Rate to determine the APR for Cash Advances on 
your Account.

“Daily Periodic Rate” or “DPR” means the applicable APR 
divided by 365.

“Deposit Account” means (if the Account is wholly or 
partially secured) the Merrick Bank deposit account opened 
as security for the Account, as described in the “Deposit 
Account and Security Agreement (If Applicable)” section of 
this Agreement.

“EFT” means electronic funds transfer.

“Introductory Annual Percentage Rate” or “Introductory 
APR” (also “Introductory Daily Percentage Rate” or 
“Introductory DPR”) is a lower interest rate that applies for 
a limited amount of time after an account is opened. Your 
Account may or may not have Introductory rates.

“Late Payment Fee” means the fee you must pay if your 
Minimum Payment is not received on time. The amount of 
the Late Payment Fee is set forth in the Pricing Appendix and 
is in addition to any additional interest charges that accrue as 
a result of your paying late.

“Minimum Payment” means what you must pay each Billing 
Cycle before the Payment Due Date. The Minimum Payment 
is calculated as described in the Pricing Appendix.

“New Balance” means the total amount you owe to the Bank 
as of the end of the Billing Cycle described in the Billing 
Statement. If transactions are posted after the end of the 
Billing Cycle, the New Balance will not equal the Account 
Balance under most circumstances.

“Payment Due Date” means the date when your Minimum 
Payment must be received by the Bank, prior to 5 p.m. If the 
Minimum Payment is not timely received, you must pay a 
Late Payment Fee. The Payment Due Date will be shown on 
the Billing Statement and always will be at least 25 days after 
the last day of the prior Billing Cycle. If the Payment Due Date 
falls on a weekend or legal holiday, the payment will be due 
the following business day.

“Pricing Appendix” refers to the document attached to your 
Card when you first received it, setting forth applicable APRs, 
fees and certain other important terms of this Agreement.

“PIN” refers to the personal identification number associated 
with your Card for use in ATM and other electronic 
transactions.

“Prime Rate” means the prime rate of interest published on 
the last business day of each month in the “Bonds, Rates 
& Yields” or the “Money Rates” section of The Wall Street 
Journal (or a comparable section or rate if The Wall Street 
Journal ceases publication of those sections or that rate).

“Purchase” means any transaction with the Card between 
you and anyone else who accepts the Card as a means of 
payment. However, Cash Advances are not Purchases.

“Purchase APR Cap” is the highest APR for Purchases that 
may apply to your Account. 

“Purchase Margin” is the amount that is added to the Prime 
Rate to determine the APR for Purchases on your Account.

“You” and “your” means the Card applicant or if applying 
jointly, both Card applicants, and the person or persons to 
whom the Card is issued.

Equal Opportunity Lender Member FDIC  
G-14395 7/13

NO ARBITRATOR OR COURT MAY ORDER, PERMIT 
OR CERTIFY A CLASS ACTION, REPRESENTATIVE 

31. The Agreement Is an Integrated Agreement. This 
document, together with the Pricing Appendix and any 

ACCOUNT OPENING DISCLOSURES—MERRICK UNSECURED 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) for 
Purchases 

APR for Cash Advances 

Paying Interest  

Minimum Interest Charge 
For Credit Card Tips from the Consumer 
Financial Protection Bureau 

Fees 

Set Up and Maintenance Fees 

· Annual Fee 
· Account Set-up Fee  
· Additional Card Fee 

Transaction Fees 
   · Cash Advance 
   ·Foreign Transaction  

Penalty Fees 
   · Late Payment 
  ·  Over Limit 
  ·  Returned Payment  

16.45% to 29.70% when you open your account, based on 
creditworthiness. Your APR will vary with the market based on the Prime 
Rate*. 
21.45% to 34.70%.  Your APR will vary with the market based on the 
Prime Rate.* 
Your Payment Due Date is at least 25 days after the close of each Billing 
Cycle. We will not charge you interest on Purchases if you pay your 
entire New Balance by the Payment Due Date.  We will begin charging 
interest on Cash Advances on the transaction date.  
If you are charged interest, the charge will be no less than $1.00 
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. 

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. Based on an initial credit limit of $500, the initial 
available credit will be about $377 (based on a one-time $75 set-up fee and a 
$48 annual fee) or about $365 dollars if you also choose to have an 
additional card. 

You may still reject this plan, provided that 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. 

$0 to $72 the first year.  Billed $0 to $6 per month thereafter. 
$0 to $75  (one-time fee) 
$0 to $12 per additional card issued, per year. Billed $0 to $1 per month, per 
card thereafter. 

Either $10 or 4% of the amount advanced, whichever is greater.  
2% of each transaction in U.S. Dollars. 

Up to $35 
Up to $35 
Up to $35 

How We Will Calculate Your Balance: We use a method called "average daily balances (including new purchases)."   
See your Cardholder Agreement for more details. 
Billing Rights:  Information on your rights to dispute transactions and how to exercise those rights is provided in your Cardholder 
Agreement. 
Annual Percentage Rates: Daily Periodic Rate for Purchases .04506% to .08136%; Daily Periodic Rate for Cash Advances .05876% to 
.09506%. 
Variable Rate Information:  Purchase Margin 13.20 to 26.45 percentage points; Cash Advance Margin 18.20 to 31.45 percentage 
points.  Your APR for Purchases and Cash Advances may vary. Your APR is determined monthly by adding the appropriate margin to the 
Prime Rate*. If the Prime Rate* increases, your APR will increase accordingly, with no cap.  An increase in your APR will result in an 
increase of your minimum payment amount. 
*The "Prime Rate" used to determine your APRs is the Prime Rate published in the  “Bonds, Rates & Yields” or the  "Money Rates" table 
of The Wall Street Journal on the last business day of each month. 
Minimum Payment: All past-due amounts, any Annual Fee billed monthly, any Additional Card Fee billed monthly plus the greater of 
the following amounts: (i) 1% of your New Balance plus Late Fees, Cash Advance Transaction Fees, Over Limit Fees, Returned Item 
Fees, and Interest Charges billed during the billing cycle for which the Minimum Payment is calculated, as shown on that periodic 
statement, rounded to the next-higher dollar; or (ii) $35. If the New Balance is less than $35, the Minimum Payment will be the total 
amount owed. 

Rev10/30/2013