CLASS ACTION WAIVER: NO ARBITRATOR OR 
COURT MAY ORDER, PERMIT OR CERTIFY A 
CLASS ACTION, REPRESENTATIVE 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.
JURY TRIAL WAIVER: IF YOU OR WE ELECT 
TO ARBITRATE A CLAIM, YOU AND WE BOTH 
KNOWINGLY AND VOLUNTARILY WAIVE THE 
RIGHT TO HAVE A COURT OR JURY DECIDE  
THE CLAIM.
The arbitrator will be required to follow relevant 
substantive law consistent with the Federal 
Arbitration Act (“FAA”) and applicable judicial 
precedent to arrive at a decision and shall be 
empowered to grant whatever relief would be 
available in court in an action for an individual 
Claim. Any award of punitive damages shall be 
subject to the constitutional limits that would apply 
in court. Where authorized by applicable law, the 
arbitrator’s award may include attorneys’ fees and 
other expenses. The arbitrator shall follow any 
applicable statute of limitations and privilege rules.
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, 9 U.S.C. §§ 1 et seq.
The cost of any arbitration proceeding shall be 
divided as follows:
  •  If you initiate arbitration, you will be 

responsible for paying one half of the filing 
fee, or $125, whichever is less, when the 
demand for arbitration is made.

  •  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.

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. Each party is responsible for the fees 
of its attorneys, experts, and witnesses unless the 
arbitrator awards them to a party. We will always 
pay any fees or expenses that we are required to 
pay by law or the Arbitration Rules or that we are 
required to pay for this Arbitration Agreement to  
be enforced.
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 AAA. 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 AAA to commence 
any appeal and the appealing party will pay the 
arbitrator’s fee. The appeal panel’s decision shall 
be final and binding, except for any appeal rights 
provided by the FAA.
In the event of a conflict between the Arbitration 
Rules or the Cardholder Agreement, on the one 
hand, and this Arbitration Agreement on the other 
hand, this Arbitration Agreement shall govern. If 
any portion of this Arbitration Agreement, other 
than the Class Action Waiver, is deemed invalid 
or unenforceable, the remaining portions shall 
nevertheless remain in force. If a determination is 
made that the Class Action Waiver is unenforceable, 

only this sentence of the Arbitration Agreement 
will remain in force and the remaining 
provisions shall be null and void, provided that 
the determination concerning the Class Action 
Waiver shall be subject to appeal. This Arbitration 
Agreement shall survive the closing or termination 
of your Account, voluntary payment of your 
Account or any part of it, any legal proceedings 
to collect money you owe, any bankruptcy by you 
and any sale or assignment by us of your Account.
You may contact the AAA 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 
120 Broadway, 11th Floor 
New York, NY 10271 
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 
sixty (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.” Your election to reject 
arbitration will not affect the other terms of 
your Account, nor will we close the Account as 
a result of your election to reject arbitration.
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.
31. The Agreement Is an Integrated Agreement. 
This document, together with the Pricing Appendix 
and any 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 or online 
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 and elsewhere in 
this Agreement.
“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.
“Agreement” means this document and the Pricing 
Appendix, together with any changes in terms.
“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.”
“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 statement of 
transactions, fees and charges that 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, 
transactions made at another bank, 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.
“Default” occurs if: (a) you fail to honor any 
obligation under this Agreement, including but 
not limited to, your obligation to make at least the 
Minimum Payment by the Payment Due Date and 
to keep the New Balance below the credit limit;  
(b) we believe that you gave us false information; 
(c) you die or become the subject of any 
insolvency or bankruptcy proceeding; (d) we 
believe there has been a material change in your 
financial condition or your willingness to pay your 
debts when due; (e) any payment you make is 
rejected, not paid, or cannot be processed; or  
(f) we believe that you permanently reside outside 
of the United States.
“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. local time at the payment address 
indicated on the most recent Billing Statement. 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.
“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 Wall Street Journal (or a comparable rate if 
The Wall Street Journal ceases publication).
“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-16907 01/2018

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.

 G-16907
01/18

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, we may, 
at our sole discretion, notify the recipients of 
your recurring or automatic Purchases, but you 
agree to notify the recipients of your recurring 
or automatic Purchases 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 credit limit or any daily 
Purchase limits, or exceed your available Cash 
Advance credit limit or any daily Cash Advance 
limits, and are otherwise in compliance with  
this Agreement.
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. 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) 204-5936 
for assistance.
Military Borrowers. Federal law provides 
important protections to members of the 
Armed Forces and their dependents relating to 
extensions of consumer credit. In general, the 
cost of consumer credit to a member of the 
Armed Forces and his or her dependent may not 
exceed an annual percentage rate of 36 percent. 
This rate must include, as applicable to the credit 
transaction or account: The costs associated with 
credit insurance premiums; fees for ancillary 
products sold in connection with the credit 
transaction; any application fee charged (other 
than certain application fees for specified credit 

transactions or accounts); and any participation 
fee charged (other than certain participation fees 
for a credit card account). If you are a member of 
the Armed Forces, or a dependent of such member, 
you may call 1-833-234-0758 toll free to receive 
disclosures about your Account over the telephone.
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. 
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) 204-5936 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 except under  
certain circumstances determined by us, not to any 
third-party. 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 
except as otherwise set forth in this Agreement. 
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, or if there are errors or delays at the postal 
service or other transmission or delivery services, 
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. 
Neither the postal service nor any other money 
transmitter or delivery service is Merrick Bank’s agent, 
and if you use the postal service or any other third 
party to deliver your payment, you assume the risk that 
those services lose your payment or deliver it late.  
Please call us at (800) 204-5936 or go to  
www.merrickbank.com/payments if you do not know 
where to send your payment.
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.

We process electronic check conversions. When 
you provide a check as payment, you authorize 
us to use information from your check to make 
a one-time electronic funds transfer (EFT) from 
your account. In certain circumstances, such 
as for technical or processing reasons, we may 
process your payment as a check transaction. An 
EFT likely will clear more quickly than a payment 
processed as a check, and therefore your checking 
account 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 in 
your checking account and your bank returns the 
item to us unpaid, you must pay us a Returned 
Payment 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.
4. You Must Make Your Minimum Payments On 
Time. 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. You may also choose to pay any amount 
in excess of the Minimum Payment, up to your New 
Balance in full, in any Billing Cycle. 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 you are in Default, we reserve 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 our rights under this Agreement or applicable law 
as we in our sole discretion deem 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 Purchases, Annual Fees (including 
Additional Card Fees), Late Payment Fees, Returned 
Payment Fees, Over Limit Fees, Copying Charges, 
Currency Conversion Charges related to Purchases, 
Expedited Phone Payment Fees, Replacement 
Card Fees, the Account Set-up Fee, Fees for Other 
Services and billed but unpaid interest on all 
such amounts. For Cash Advances, the beginning 
balance includes Cash Advances, Cash Advance 
Transaction Fees, Currency Conversion Charges 
related to Cash Advances and billed but unpaid 
interest on all such amounts. 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 Daily Periodic 
Rate 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 
Daily Periodic Rates (DPRs) will vary. The APR for 
Purchases and the APR for Cash Advances will be 
determined by adding, as applicable, the Purchase 
Margin or the 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 applicable 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 “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. Paying Interest. Your Payment Due Date is at 
least 25 days after the close of each Billing Cycle. 
We will not charge you any interest on Purchases 
if you pay your entire New Balance by the Payment 
Due Date each month. We will begin charging 
interest on Cash Advances on the transaction date. 
If you carry a balance from month to month you 
may see interest charged on your next statement 
even if you pay the New Balance in full on time 
and make no new charges. This interest is called 
“trailing interest.” Trailing interest is the interest 
charged (if any) on your balance from your last 
statement date to the date you paid in full.
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 Fee. 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, unless the copies are produced to 
resolve a reported billing error under the Fair Credit 
Billing Act.
e. Foreign Currency Transaction Fee. For each 
Purchase or Cash Advance made in a foreign 
currency, we add an additional fee of 2% of the 
amount of the Purchase or Cash Advance after  
its conversion into U.S. Dollars, as described in  
the “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 that Billing Cycle would 
otherwise be less than $1, a Minimum Interest 
Charge will be charged to your Account.
h. Expedited Phone Payment Fee. If you wish 
expedited service for transmittal of a payment, 
you may request to make a phone payment using 
a customer service representative for which you 
will be charged a fee. The amount of the fee will be 
disclosed prior to fulfilling your request.
i. Replacement Card Fee. Your Account may be 
charged a fee 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 Payment Fee. A Returned Payment 
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. Subject to applicable law 
and network rules, 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) 204-5936 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.
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. 
Your Cash Advance credit limit is a portion of 
your total credit limit. Any transaction that might 
exceed one of these credit limits may be declined 
at our sole discretion. We may also opt, in  
our sole discretion, to approve or decline any 
portion of a requested transaction. These credit 
limits may be reduced at any time without 
warning or notice to you, at any time, during any 
Billing Cycle.
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 $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 
eleven 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. 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.
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 
anything we deem 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 credit 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 
permit someone else to use the Account or the Card 
for a prohibited, improper or unlawful purpose, or 
use or permit use of the Account or the Card at a 
time when such use is not permitted, you 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 whether your transactions or those that 
you permit someone else to make are lawful. The 
Bank, Visa and MasterCard are not responsible, 
either separately or together, 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 
charging privileges have been reduced, restricted 
or suspended. We 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.
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. If a credit balance persists, 
we will mail a check to you for the amount of the 
credit balance within the time frame required by 
applicable law. If we are unable to locate you, any 
credit balance in your Account will be escheated 
pursuant to applicable law.
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 contact the appropriate 
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. WE MAY REPORT 
INFORMATION ABOUT YOUR ACCOUNT TO CREDIT 
BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, 
OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE 
REFLECTED IN YOUR CREDIT REPORT.
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 
Account balance is paid in full.
YOU HEREBY GRANT TO THE BANK A FIRST 
PRIORITY SECURITY INTEREST IN THE DEPOSIT 
ACCOUNT, ANY ADDITIONS TO THE DEPOSIT 
ACCOUNT AND ANY PROCEEDS OF THE DEPOSIT 
ACCOUNT TO SECURE PERFORMANCE BY YOU 
OF ALL OF YOUR OBLIGATIONS WITH RESPECT 
TO THE ACCOUNT AND 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 any funds from your 
Deposit Account will be a credit adjustment to 
your Account balance and will not be treated as 
a payment. If we elect not to, or otherwise fail to 
apply funds in the Deposit Account against amounts 
owed on the Account or on 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 Payment 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. Third-Party Features, Services or Benefits. 
If your Card includes a rewards program, you 
acknowledge and agree that third-parties may be 
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 services 
that may be provided by third-parties. The Bank 
reserves the right to adjust, add or delete benefits 
and services at any time.
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 notice of its 
loss or theft. Even if the Purchases occur before 
we receive notice 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; and 
(2) the transactions were processed by Visa or 
MasterCard. 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 Document For 
Future Use
This notice tells you about your rights and our 
responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On  
Your Statement
If you think there is an error on your statement, 
write to us at:

Merrick Bank 
P.O. Box 9201 
Old Bethpage, NY 
11804-9001

In your letter, give us the following information: 
•  Account information: Your name and 

account number.

•  Dollar amount: The dollar amount of the 

suspected error.

•  Description of problem: If you think there 
is an error on your bill, describe what you 
believe is wrong and why you believe it is  
a mistake.

  You must contact us:
•  Within 60 days after the error appeared on 

your statement.

•  At least 3 business days before an 

automated payment is scheduled, if you 
want to stop payment on the amount you 
think is wrong.

You must notify us of any potential errors in 
writing. You may call us, but if you do we are not 
required to investigate any potential errors and 
you may have to pay the amount in question.
What Will Happen After We Receive  
Your Letter
When we receive your letter, we must do  
two things:

1.  Within 30 days of receiving your letter, we 
must tell you that we received your letter. 
We will also tell you if we have already 
corrected the error.

2.  Within 90 days of receiving your letter, we 
must either correct the error or explain to 
you why we believe the bill is correct.

While we investigate whether or not there has 
been an error:

•  We cannot try to collect the amount in 

question, or report you as delinquent on  
that amount.

•  The charge in question may remain on your 
statement, and we may continue to charge 
you interest on that amount.

•  While you do not have to pay the amount 
in question, you are responsible for the 
remainder of your balance.

•  We can apply any unpaid amount against 

your credit limit.

After we finish our investigation, one of two 
things will happen:

•  If we made a mistake: You will not have to 
pay the amount in question or any interest 
or other fees related to that amount.

•  If we do not believe there was a mistake: 

You will have to pay the amount in 
question, along with applicable interest and 
fees. We will send you a statement of the 
amount you owe and the date payment is 
due. We may then report you as delinquent 
if you do not pay the amount we think  
you owe.

If you receive our explanation but still believe 
your bill is wrong, you must write to us within 
10 days telling us that you still refuse to pay. If 
you do so, we cannot report you as delinquent 
without also reporting that you are questioning 

your bill. We must tell you the name of anyone to 
whom we reported you as delinquent, and we must 
let those organizations know when the matter has 
been settled between us.
If we do not follow all of the rules above, you do 
not have to pay the first $50 of the amount you 
question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your 
Credit Card Purchases
If you are dissatisfied with the goods or services 
that you have purchased with your credit card, and 
you have tried in good faith to correct the problem 
with the merchant, you may have the right not to 
pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1.  The purchase must have been made in 

your home state or within 100 miles of your 
current mailing address, and the purchase 
price must have been more than $50. 
(NOTE: Neither of these are necessary if your 
purchase was based on an advertisement 
we mailed to you, or if we own the company 
that sold you the goods or services.)
2.  You must have used your credit card for 
the purchase. Purchases made with cash 
advances from an ATM or with a check  
that accesses your credit card account do 
not qualify.

3.  You must not yet have fully paid for  

the purchase.

If all of the criteria above are met and you are  
still dissatisfied with the purchase, contact us in 
writing at:
Merrick Bank 
P.O. Box 9201 
Old Bethpage, NY 
11804-9001

While we investigate, the same rules apply to  
the disputed amount as discussed above. After 
we finish our investigation, we will tell you our 
decision. At that point, if we think you owe an 
amount and you do not pay, we may report you  
as delinquent.
22. How We May Contact You to Discuss the 
Account. We may use automated telephone 
dialing, text messaging systems and electronic 
mail to provide messages to you about scheduled 
payments, missed payments and other important 
information regarding this Agreement or your 
relationship with us, and your consent to our 
contacting you using those means is partial 
consideration for our willingness to extend credit 
to you. The telephone messages may be played 
by a machine automatically when the telephone is 
answered, whether answered by you or someone 
else. These messages may also be recorded 
by your answering machine. You give us your 
permission to call or send a text message to 
any telephone number you have given us or you 
give to us in the future and to play pre-recorded 
messages or send text messages with information 
about the Agreement over the phone. You also give 
us permission to communicate such information 
to you by email. You understand that, when you 
receive such calls, texts, or emails, you may incur 
a charge from the company that provides you 
with telecommunications, wireless and/or internet 
services. You agree that we will not be liable to 
you for any fees, inconvenience, annoyance or loss 
of privacy in connection with such calls, texts, or 
emails. You understand that anyone with access 
to your telephone or email account may listen to 
or read the messages, notwithstanding our efforts 
to communicate only with you. If a telephone 
number(s) you have provided to us changes, or if 
you cease to be the owner, subscriber or primary 
user of such telephone number(s), you agree 
to immediately give us notice of such facts so 
that we may update our records. You agree that 
we may refuse to authorize Purchases or Cash 
Advances or close your Account if we are unable or 
unauthorized to contact you by telephone.
If you do not wish for us to use some particular 
manner of contacting you, you must notify us. 
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) 204-5936. 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. 
The following “Agreement to Arbitrate Disputes 
and Class Action Waiver” does not apply  
to “Covered Borrowers” under the Military 
Lending Act.
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 Cardholder Agreement or 
your Account, except for disputes concerning the 
validity, scope or enforceability of this Arbitration 
Agreement (which are for a court to decide), 
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 (“AAA”) pursuant 

to the code of procedures of the AAA in effect 
at the time the Claim is filed (the “Arbitration 
Rules”). If the AAA is unable or unwilling to serve, 
and we cannot agree on a replacement, a court 
with jurisdiction shall select the arbitrator. 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, and may 
be made in papers filed in the lawsuit (for example, 
a motion by the defendant to compel arbitration of 
claims asserted by the plaintiff in a lawsuit filed in 
court). 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. If a party 
files a lawsuit in court asserting Claim(s) that are 
subject to arbitration and the other party files a 
motion to compel arbitration with the court which 
is granted, it will be the responsibility of the party 
asserting the Claim(s) to start the arbitration 
proceeding in accordance with the AAA’s rules  
and procedures.
This agreement to arbitrate Claims shall be 
broadly construed and 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. Moreover, it includes initial claims, 
counterclaims, cross-claims, third-party claims 
and federal, state, local and administrative 
claims and claims which arose before the 
effective date of this Arbitration Agreement. It 
also includes disputes based upon contract, tort, 
consumer rights, fraud and other intentional 
torts, constitution, statute, regulation, ordinance, 
common law and equity and claims for money 
damages and injunctive or declaratory relief.

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 or the manner of collection;

  •  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;

  •  Any disputes related to insurance or other 
services or products purchased from us in 
connection with your Account;

  •  Any disputes regarding communications 
involving telephones, automatic dialing 
systems, artificial or prerecorded voice 
messages, SMS text messages or facsimile 
machines; and

  •  Any disputes concerning the relationships 
resulting from this Cardholder Agreement, 
your Account or any of the foregoing.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

23.45% to 29.70% when you open your account, based on 
creditworthiness. Your APR will vary with the market based on the Prime 
Rate.* 
28.45% to 34.70% when you open your account, based on creditworthiness. 
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 each month.  We will begin 
charging interest on Cash Advances on the transaction date.  
If you are charged interest, the charge will be no less than $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. For example, if your minimum credit limit is $500, 
your initial available credit limit will be only about $377 (based on a one-
time $75 set-up fee and a $48 annual fee) or about $365 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 $38 
$0 
Up to $38 

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 .06424% to .08136%; Daily Periodic Rate for Cash Advances .07794% 
 to .09506%. 
Variable Rate Information:  Purchase Margin 18.95 to 25.20 percentage points; Cash Advance Margin 23.95 to 30.20 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. 
*"Prime Rate" means the prime rate of interest published on the last business day of each month in The Wall Street Journal  
(or a comparable rate if The Wall Street Journal ceases publication).  
Minimum Payment: All past-due amounts, plus the greater of the following amounts: (i) 1% of your New Balance plus billed Late Fees, 
Cash Advance Transaction Fees, Over Limit Fees, Returned Payment Fees, Interest Charges, any Annual Fee billed monthly, and any 
Additional Card Fee billed monthly 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) $40. If the New Balance is less than $40, the Minimum Payment will be the total 
amount owed.   

Rev 3/1/2018 mp40