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Terms and Conditions – Best Egg Credit Card

Credit Card Agreement for Best Egg VISA
Accounts

®

DISCLOSURE SUMMARY

There are two parts to this Credit Card Agreement: The Best Egg Disclosure Summary and the Best Egg Cardmember

Agreement. The Disclosure Summary shows a table of applicable rates and fees as of December 1, 2020. The

Cardmember Agreement contains important information related to Visa consumer credit cards issued by Best Egg. All

terms, including fees and APRs for new transactions, are not guaranteed and may change in accordance with the

Cardmember Agreement and applicable law based on information in your credit report, market conditions, business

strategies, or for any other reason. Please review these terms so you are fully informed about this credit card oer.

INTEREST RATES AND INTEREST CHARGES

Annual Percentage Rate (APR)

for Purchases

24.99% 
This is a variable APR based on the Prime Rate + 21.74%.

APR for Cash Advances

24.99% 
This is a variable APR based on the Prime Rate + 21.74%.

How to Avoid Paying Interest

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Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if

you pay your entire balance by the due date each month. We will begin charging interest on cash advances on the

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on Purchases

you pay you  e t e ba a ce by t e due date eac   o t .  e 

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Terms and Conditions – Best Egg Credit Card

transaction date.

Minimum Interest Charge

If you are charged interest, the charge will be no less than $0.50.

For Credit Card Tips from the

Consumer Financial Protection

Bureau

To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer

Financial Protection Bureau

Annual Membership Fee

Application Fee

Transaction Fees

Balance Transfers

Foreign Transaction

Cash Advance

Penalty Fees

Overlimit

Late Payment

Returned Payment

FEES

None

None

None

None

Either $10 or 5% of the amount of each cash advance, whichever is greater.

None

Up to $39.

Up to $39.

How we calculate your balance

We use a method called Average Daily Balance (including new purchases), as more fully explained in the Interest Charges

section of your Cardmember Agreement.

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Cash Advance

5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a minimum of $10. We will

add this fee to the Cash Advance balance. We will begin charging interest on cash advances on the transaction date.

Penalty Fees

Up to $39. A single violation of each type will not exceed $29. However, if another violation of the same type occurs

within the next six billing cycles, we will charge $39. The Late Payment and Return Payment fees will not exceed the

related minimum payment that was due.

Minimum Payment

We will calculate the minimum payment as: (1) any past due amounts; PLUS (2) the larger of: (a) $29 (or total amount you

owe if less than $29); or (b) the sum of: (i) 1% of the new balance, PLUS (ii) any periodic interest charges and late fees we

have billed you on the statement for which your minimum payment is calculated.

Variable Rates

Variable APRs may increase or decrease each month if the Prime Rate changes. We calculate variable APRs by adding a

Margin to the Prime Rate index. Any new rate will be applied as of the rst day of your billing cycle during which the

Prime Rate has changed. If the APR increases, you will pay a higher interest charge and may pay a higher minimum

payment. The Prime Rate is simply a reference index and is not the lowest interest rate available.

Billing Rights

Information on your right to dispute transactions and how to exercise those rights is provided in your Cardmember

Agreement.

TERMS & CONDITIONS

You have read the accompanying application, and you arm that everything you have stated is true and complete You

are of legal age to enter into a contract in the state in which you reside. Currently Best Egg Credit Cards are not available

in the following locations: WV, IA, VT, and Washington, D.C. You authorize FB&T/Best Egg Credit Card (hereinafter “we”,

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“us” or “our”) to obtain your credit report(s), employment history and any other information in order to approve or

decline this application, service your account, and manage our relationship with you. Upon request, we will tell you the

name and address of any consumer reporting agency that provided such report(s) to us. You authorize us to share with

others, in accordance with our privacy notice, such information and our credit experience with you. In addition, you may,

as a customer, later indicate a preference to exempt your account from some of the information-sharing with other

companies (“opt-out”). If you accept or use an account, you do so subject to the terms of this application, this Disclosure

Summary, and the Cardmember Agreement, as it may be amended; you also agree to pay all charges incurred under

such terms. Any changes you make to the terms of this application will have no eect. You accept that on a periodic

basis your account may be considered for an automatic upgrade at our discretion. You consent to and authorize us, any

of our aliates, or our marketing associates to monitor and/or record any of your phone conversations with any of our

representatives. You further consent to our use of automatic dialers, text, or prerecorded messages for servicing your

account even if the telephone number is a mobile telephone number for which the called party is charged. If additional

development is necessary based on the application information provided, we will make every attempt to contact you.

The information in this oer is accurate as of December 1, 2020, and is subject to change without notice.

PRESCREEN & OPT-OUT NOTICE

This “prescreened” oer of credit is based on information in your credit report indicating that you meet certain

criteria. This oer is not guaranteed if you do not meet our criteria. If you do not want to receive prescreen oers of

credit from this and other companies, call the consumer reporting agencies toll-free at 888-5-OPTOUT (888-567-

8688) or write to any of the following reporting agencies: Experian Opt Out, P.O. Box 919, Allen, TX 75013; Equifax,

Inc. Options, P.O. Box 740123, Atlanta, GA 30374-0123; or Transunion, P.O. Box 505, Woodlyn, PA 19094.

BEST EGG VISA CARDMEMBER AGREEMENT

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BEST EGG VISA CARDMEMBER AGREEMENT

Terms and Conditions – Best Egg Credit Card

THIS INFORMATION IS ACCURATE AS OF DECEMBER 1, 2020

This credit card program is issued and administered by First Bank & Trust. Visa is a registered trademark of Visa

International Service Association and is used by the issuer pursuant to a license from Visa U.S.A. Inc. Best Egg Credit

Card  is a pending trademark of Marlette Technologies, LLC. This Cardmember Agreement contains important

™

information related to the Best Egg Credit Card issued by FB&T and serviced by Best Egg . Best Egg is a registered

®

trademark of Marlette Funding, LLC and refers collectively to Marlette Funding. LLC, its aliates and the Best Egg Credit

Card, as appropriate.

This Cardmember Agreement contains important information related to the Best Egg Credit Card issued by FB&T and

serviced by Best Egg.

ACCEPTANCE OF AGREEMENT

Information You Provide To Us

This Cardmember Agreement (Agreement), along with the Disclosure Summary enclosed with your credit card,

constitutes a contract between you, the cardmember, and Best Egg. Please review it carefully and keep it for your

records. If you have any questions, please call us using the number on the back of your card. This Agreement takes

eect once you or an Authorized User use your Card. Even if you do not use your Card, this Agreement will take eect

unless you contact us to cancel your Account within 30 days after we sent you this Agreement. You may still reject this

Agreement if you have not yet used your Card or made a payment on the Account after receiving a billing statement. If

you do reject this Agreement, you are not responsible for any fees or charges. You may also reject the “Arbitration

Agreement” as explained in that section. If any fee in the Disclosure Summary is marked “None,” the section of this

Agreement that relates to that fee does not apply. To help prevent unauthorized use of your Card, please sign the back

of your Card.

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Terms and Conditions – Best Egg Credit Card

In this Agreement, you and your refer to each person who has applied for the Account and any other person who has

agreed to be responsible for the Account. We, us and our refer to FB&T, Best Egg, and their collective agents, successors

or assigns and service providers. Card refers to each Visa  Card that is issued by us on your Account.

®

Amendments: We reserve the right to amend this Agreement at any time, subject to applicable law. We have the right to

add, modify or delete any benet, service, or feature of your Account at our discretion. We may do this in response to

the business, legal or competitive environment. This written Agreement is a nal expression of the agreement governing

the Account. The written Agreement may not be contradicted by any alleged oral agreement. We may add new terms or

delete terms. If required by law, we will give you advance written notice of the change(s) and a right to reject the

change(s). We will not charge any fee or interest charge prohibited by law.

USING YOUR ACCOUNT

Promise to Pay

You promise to pay all charges, including charges you make, even if you do not present your Card or sign for the

transaction, charges that other people make if you let them use your Account, and charges that Additional

Cardmembers make or permit others to make.

Permitted Uses

You may use this Account for personal, family or household purposes. You may not use your account for business,

commercial or illegal purposes, such as Internet gambling. You must pay us for any damages and/or expenses resulting

from that use. In addition, we may also close your Account.

Authorized Users

You may request additional Cards for Authorized Users. You are responsible for any use of your Account by an

Authorized User or anyone else that you permit to use your Account. You must notify us if you wish to cancel the

authority of an Authorized User to use your Account. If we remove an Authorized User, in some cases we may close your

Account, open a new Account, and issue you a new Card.

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Account Information Rights for Authorized Users

You allow us to discuss your Account with an Authorized User. This includes giving him or her access to your Account

information and history. You also agree that an Authorized User may use and receive information about the Account the

same way you do.

Credit Limit

We assign a credit limit to your Account; we may refer to credit limit as credit access line or credit line. Part of this credit

limit may be available for Cash Advances, and there may be a limit on the amount of Cash Advances you can take in each

period. You are responsible for balances on your Account up to the amount of your credit limit, subject to your Available

Credit. You may use your Account to make Cash Advances up to the amount of your Cash Access Limit. Your Cash Access

Limit is the portion of your overall Credit Limit which we make available from time to time for Cash Advances. Your

Credit Limit and Cash Advance Limit are provided to you with your Card and on every monthly statement. We may

cancel, change, or restrict your credit availability at any time. Each transaction is considered for approval on an individual

basis, including those above the credit limit. We may not authorize a transaction for security or other reasons. We will

not be liable to you if we decline to authorize a transaction or if anyone refuses your Card or Account number.

MAKING PAYMENTS

Payment Instructions

You must follow the payment instructions on your billing statement. Please make payments in U.S. dollars with a check,

money order, or electronic payment drawn on funds on deposit in the U.S. You must pay us for all amounts due on your

Account. This includes charges made by Authorized Users. If you make your payment in accordance with the instructions

on your billing statement by the date and time payments are due, we will credit your payment to your Account as of the

same day we receive it, as long as we receive it by the time disclosed in your billing statement. Payments received after

the required time will be credited on the next business day. If your payment does not meet the requirements set forth in

your billing statement, there may be a delay in processing and crediting your Account. This may result in late fees and

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additional interest charges. If we process a late payment, a partial payment or a payment marked with any restrictive

language that will have no eect on our rights and will not change this Agreement. We may refuse to accept a payment

in a foreign currency. If we do accept it, we will charge your Account our cost to convert it to U.S. dollars. You may not

use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon

presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on

the check. We are not liable to you for any loss or expense arising out of the action we elect to take.

Minimum Payment

You agree to pay at least the Minimum Payment when due. We will calculate your Minimum Payment based on the

method described in the Disclosure Summary. The Minimum Payment will appear on your monthly statement and may

include any past due amounts. The Minimum Payment Due may also include amounts by which you exceed your

Account credit line. It will never exceed the New Balance.

Payment Allocation

We apply payments to balances as they appear on your monthly statement before being applied to new transactions. An

example of a new transaction is a recent purchase you made that has not yet been included in the New Balance as

shown on your statement. If your account has balances with dierent interest rates, we will allocate your payment equal

to the Minimum Payment Due. After the Minimum Payment Due has been paid, we will apply your payments rst to any

balance subject to the highest interest rate, then to balances subject to lower interest rates. If you do not pay your

balance in full each month, you may not be able to avoid interest charges on new purchases.

Credit Balance

You may request a refund of any credit balance. If you do not request a refund, we will apply any credit balance to new

charges on your Account. If a credit balance remains on your account for 6 months and the amount is $1 or more, we

will automatically refund it to you.

Miscellaneous Fees

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You may be charged for the expedited mailing or replacement of your Card. These fees will be disclosed to you at the

time of the request.

Foreign Transactions

Any transaction (1) made in a foreign currency, or (2) made in U.S. dollars if the transaction is made or processed outside

of the United States. Foreign Transactions include, for example, online transactions made in the U.S., but with a

merchant who processes the transaction in a foreign country. If a transaction is in a foreign currency, Visa International

will convert the transaction into U.S. dollars using their own currency conversion procedures, and then will send us the

transaction amount. The exchange rate will be determined using either the range of rates available in the wholesale

currency markets for the processing date (which may be dierent from the rate the card association receives) or a

government-mandated rate in eect on that date. The exchange rate used by Visa may dier from the rate on the date

of your transaction. In the case of returned or exchanged merchandise that was purchased in a foreign currency, the

exchange rate is determined on the date of the return.

INTEREST CHARGES

How We Calculate Average Daily Balance (including new transactions)

We calculate interest charges each billing period by applying the periodic rate(s) to the “average daily balance(s)” for your

Account. To get the average daily balance for your Account, we take the sum of the beginning balances for each

Transaction Category (standard Purchases, standard Cash Advances, and dierent promotional balances), less any

payments or credits, plus any new transactions. The daily balances for each Transaction Category are then added

together to determine the aggregate, or sum for the cycle. The aggregate is then divided by the number of days in the

billing cycle to determine the average daily balance (ADB).

How We Calculate Total Interest Charges

Each daily balance may have a dierent APR. Certain categories of Transactions in a daily balance may have multiple

APRs We multiply the daily balance for each Transaction Category by its daily periodic rate (DPR) multiplied by the

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APRs. We multiply the daily balance for each Transaction Category by its daily periodic rate (DPR) multiplied by the

number of days the DPR was in eect. This gives us the interest charges for each Transaction Category. To get a DPR, we

divide the annual percentage rate (APR) that applies to the Transaction Category by 365 (or 366 in leap years). We add up

all the daily interest charges. The sum is the total interest charge for the billing period.

Paying Interest

The Grace Period is dened as the interval between the end of a billing cycle and the payment due date. No interest is

assessed during this interval if a customer pays the balance in full on or before the payment due date and is not carrying

a balance from month to month and has no cash advances outstanding. Except during the Grace Period, we begin to

impose interest charges on a transaction, fee, or interest charge from the day we add it to the daily balance. We

continue to impose interest charges until you pay the total amount you owe us. You can avoid paying interest on

Purchases during the Grace Period, as described below. However, you cannot avoid paying interest on Cash Advances.

Grace Period on Purchases

If you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing

statement, we will not impose interest charges on new Purchases, or any portion of a new Purchase, paid by the

Payment Due Date on your current billing statement. New Purchases are Purchases that rst appear on the current

billing statement. If you do not pay your New Balance in full each month, then, depending on the balance to which we

apply your payment, you may not get a Grace Period on new Purchases. Cash Advances do not have a Grace Period.

DEFAULT, CLOSING OR SUSPENDING YOUR ACCOUNT

Default

We may consider your Account to be in default and require immediate payment of your total Account balance, to the

extent allowed by law, if any of the following occur if: (1) You fail to comply with the terms of this Agreement or any

agreement with us or an Aliate, including failing to make a required payment when due, exceeding your Account credit

line or using your Card or Account for an illegal transaction; (2) you give us false information; (3) you le for bankruptcy

or some other insolvency proceeding is led by or against you; (4) you become incapacitated or die; or (5) we believe you

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or some other insolvency proceeding is led by or against you; (4) you become incapacitated or die; or (5) we believe you

are unable or unwilling to pay your debts when due.

Closing or Suspending Your Account

We may close or suspend your Account if any of the events listed above occur, or for any reason, or for no reason. We

may do this at any time, without notifying you, as allowed by law. We may cancel your current Card and issue you a

substitute Card at any time. You may also close your Account at any time by notifying us by telephone or in writing. If we

close or suspend your Account, or if you close your Account, you must pay us all amounts you owe on the Account, even

if they post to your Account after it’s closed or suspended.

OTHER IMPORTANT INFORMATION

Military Lending Act Notice

Federal law provides important protections to members of the Armed Forces and their dependents relating to

extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her

dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit

transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in

connection with the credit transaction; any application fee charged (other than certain application fees for specied

credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card

account). For more information regarding your rights under the Military Lending Act, please call 833-629-1363. If you are

a Covered Borrower, the Arbitration Agreement will not apply to you in connection with this Account.

Communications

You agree that we may contact you using any technology and methods of our choice. This includes using an automated

telephone dialing system or other similar system to contact you by email, text message, device-level notication, or other

electronic notication method supported by the software you use to access your Account. We may use any telephone

numbers (including wireless, landline and voice over IP numbers), email addresses or billing address that you give to us.

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You understand and agree that anyone with access to your telephone or email account may listen to or read the

messages that we leave or send you. You agree that we will not be liable for any charges that you incur in connection

with emails, text messages, device level notications or other communications that we or our agents and

representatives send to you. You agree to notify us immediately if you change telephone numbers or are no longer the

subscriber or usual user of a telephone number that you give to us. You agree that we may monitor, record, retain and

reproduce your telephone calls and other communications with us. At any time, you can withdraw your consent to

receive text messages through a telephone network (e.g., SMS) or to receive calls through a telephone network. To

revoke your consent, you must contact us in accordance with this Agreement.

Privacy Policy

We send you our Privacy Policy when you open your Account and annually. Contact us at 833-707-1226 if you would like

a copy. Please read it carefully. It summarizes the personal information we collect, how we safeguard its condentiality

and security, when it may be shared with others; and how you can limit our sharing of this information.

Assignment

We may sell, transfer, or assign any or all our rights and obligations under this Agreement to a third party. You may not

sell, transfer, or assign your Account or any of your obligations under this Agreement.

Governing Law

Federal law and the law of South Dakota govern the terms and enforcement of this Agreement.

Enforcement

We may enforce the terms of this agreement at any time. We may choose to delay enforcing or to not exercise rights

under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion. If any

provision of this Agreement is found to be unenforceable, all other provisions of the Agreement will remain in eect.

Collection Costs

To the extent allowed by law, you are liable to us for our legal costs if we refer collection of your Account to a lawyer who

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is not our salaried employee. These costs may include reasonable attorneys’ fees, as well as costs and expenses of any

legal action.

Unforeseen Circumstances

From time to time, our services might be unavailable due to circumstances beyond our control (such as res, oods,

natural disasters, system failures, epidemics/pandemics, or other unpredictable events). When this happens, you might

not be able to use your Card or obtain information about your Account. We are not responsible or liable if this happens.

Lost or Stolen Cards

You must try to prevent the unauthorized use of your Account and any Card, including your Account number. You must

call us if any Card is lost or stolen. Also, you must call us if you think someone has used or may use these items without

permission.

Headings

The headings in this Agreement are included as a matter of convenience and do not dene, limit, or enlarge the scope of

this Agreement or any of its provisions.

YOUR BILLING RIGHTS – KEEP THIS DOCUMENT FOR FUTURE USE

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

What To Do If You Find A Mistake On Your Statement

If you think there is an error on your statement, or if you need more information about a transaction on your bill, write

to us as soon as possible at:

Best Egg Credit Card  

PO Box 7606  

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O  o   606  

Philadelphia, PA 19101

Terms and Conditions – Best Egg Credit Card

You may also email us at: cardservicing@bestegg.com.

You must notify us of any potential errors in writing by mail or electronically. You may also call us, but doing so may not

preserve your billing error rights. In your letter, give us the following information:

Account information: Your name and account number.

Dollar amount: The dollar amount of the suspected error.

Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you

believe it is a mistake.

You must contact us:

Within 60 days after the error appeared on your statement.

At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount

you think is wrong.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have

already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is

correct.

While we investigate whether there has been an error:

We cannot try to collect the amount in question, or report you as delinquent on that amount.

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Terms and Conditions – Best Egg Credit Card
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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 nish our investigation, one of two things will happen:

If we made a mistake: You will not have to pay the amount in question, or any interest or other fees related to that

amount.

If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest

and fees. We will send you a statement of the amount you owe, and the date payment is due. We may then report

you as delinquent if you do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you

still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your

bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations

know when the matter has been settled between us.

If we do not follow all the rules above, you do not have to pay the rst $50 of the amount you question even if your bill is

correct.

Your Rights If You Are Dissatised With Your Credit Card Purchases

If you are dissatised with the goods or services that you purchased with your credit card, and you tried in good faith to

correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.

To use this right, the following must be true:

1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the

purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an

advertisement we mailed to you, or if we own the company that sold you the goods or services.)

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2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM do not

qualify.

3. You must not yet have fully paid for the purchase.

If all the criteria above are met and you are still dissatised with the purchase, contact us in writing at:

Best Egg Credit Card  

P.O. Box 84067  

Columbus, GA 31908

While we investigate, the same rules apply to the disputed amount as discussed above. After we nish our investigation,

we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as

delinquent.

ARBITRATION AGREEMENT

If you are a Covered Borrower, as dened by the Military Lending Act, the arbitration provisions set forth in this section do not

apply to you.

PLEASE READ THIS AGREEMENT CAREFULLY. MOST CUSTOMER CONCERNS CAN BE RESOLVED BY CALLING CUSTOMER

SERVICE AT THE NUMBER LISTED ON THE BACK OF YOUR CARD. IN THE EVENT CUSTOMER SERVICE IS UNABLE TO

RESOLVE A COMPLAINT TO YOUR SATISFACTION, THIS SECTION EXPLAINS HOW CLAIMS CAN BE RESOLVED THROUGH

BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR

INITIATE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED

BY AN ARBITRATOR, NOT A JUDGE OR JURY. IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL

HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE

WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS

PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

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ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN IN COURT. THE ARBITRATOR’S AUTHORITY IS

LIMITED TO CLAIMS BETWEEN YOU AND US ALONE. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS YOU AND

WE AGREE IN WRITING. AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT WILL APPLY ONLY TO THE

SPECIFIC CASE AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD. THE ARBITRATOR’S

DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU OR WE

WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. YOU HAVE THE RIGHT TO CANCEL OR OPT OUT

OF THIS ARBITRATION AGREEMENT AS SET FORTH BELOW.

Binding Arbitration

This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by

and be enforceable under the Federal Arbitration Act (FAA), 9 U.S.C. § 1-16, as it may be amended. This Arbitration

Agreement sets forth the circumstances and procedures under which Claims (as dened below) may be resolved by

arbitration instead of being litigated in court.

Covered Parties

Solely for purposes of this Arbitration Agreement,we, us, and our, including in addition to the meanings set forth in this

Cardmember Agreement, includes any corporate parents, subsidiaries, aliates, licensees, predecessors, successors,

assigns, any purchaser of your Account, and all of their ocers, directors, employees, agents, and assigns or any and all

of them. Additionally,we, us, and our shall include any third party providing benets, services, or products in connection

with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the

Account, rewards programs, and enrollment services, credit insurance companies, debt collectors, and all of their

ocers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a co-

defendant in any Claim you assert against us.

Covered Claims

Either you or we may, without the other’s consent, elect mandatory, binding arbitration of any past, current or future

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claim, dispute, or controversy, by either you or us against the other, or against the employees, parents subsidiaries,

aliates, beneciaries, agents or assigns of the other, arising from or relating in any way to the Cardmember

Agreement, any prior Cardmember Agreement, your credit card Account or the advertising, application or approval of

your Account (Claim). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute,

contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law, such as respondeat

superior or any other legal or equitable ground and whether such Claims seek as remedies, money damages, penalties,

injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the

applicability of this Arbitration Agreement or the validity of the entire Cardmember Agreement or any prior Cardmember

Agreement. Claims subject to arbitration include Claims that are made as counterclaims, cross claims, third party claims,

interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such

Claims advanced in the lawsuit by any party or parties. As used in this Arbitration Agreement, the term Claim is to be

given the broadest possible meaning. You may not sell, assign, or transfer a Claim.

Class Action Waiver:

If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. There will be no right

or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a

purported representative capacity on behalf of the general public, other cardmembers or other persons similarly

situated. This means that even if a class action lawsuit or other representative action, such as that in the form of a

private attorney general action, is led, any Claim between us related to the issues raised in such lawsuits will be subject

to an individual arbitration claim if either you or we so elect. No arbitration will be consolidated with any other

arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action

under this Arbitration Agreement are: (1) those brought by us against you and any co-applicant, joint cardmember, or

authorized user of your Account, or your heirs or your trustee in bankruptcy; or (2) those brought by you and any co-

applicant, authorized user of your Account, or your heirs or your trustee in bankruptcy against us.

Small Claims Court

Individual Claims led in a small claims court are not subject to arbitration if the matter stays in small claims court.

However, if such a claim is transferred, removed, or appealed to a dierent court, we may then choose to arbitrate. You

or we may otherwise elect to arbitrate any claim at any time unless a trial has begun or nal judgment has been

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or we may otherwise elect to arbitrate any claim at any time unless a trial has begun, or nal judgment has been

entered.

Initiating Arbitration

Failure or any delay in enforcing this Arbitration Agreement at any time, or in connection with any particular Claims, will

not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. To

choose arbitration, a party may le a motion to compel arbitration in a pending matter and/or commence arbitration by

submitting the required forms and requisite ling fees to the American Arbitration Association (AAA). AAA is independent

from us. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be

represented by counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to your

billing address, or at some other place to which you and we agree in writing. You may obtain more information and

applicable AAA forms at www.adr.org.

Arbitration Procedure

A single, neutral arbitrator will resolve Claims. The arbitration will be conducted under the applicable AAA procedures

and rules in eect on the date the arbitration is led unless those procedures and rules are inconsistent with this

Arbitration Agreement, in which case this Agreement will prevail. These procedures and rules may limit the amount of

discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and

applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator will not apply any

federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. The arbitrator will take

reasonable steps to protect customer Account information and other condential information, including the use of

protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will

have the power to award to a party any damages or other relief provided for under applicable law, and will not have the

power to award relief to, against, or for the benet of any person who is not a party to the proceeding. If the law

authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award

in writing, but need not provide a statement of reasons unless requested by a party. You and we agree that the

arbitration will be condential. You and we agree that we will not disclose the content of the arbitration proceeding or its

outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law.

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Fees and Costs

Terms and Conditions – Best Egg Credit Card

You will be responsible for paying your share of any arbitration fees (including ling, administrative, hearing or other

fees), but only up to the amount of the ling fees you would have incurred if you had brought a claim in court. We will be

responsible for any additional arbitration fees upon receipt of proof of payment. At your written request, we will

consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable

fees of an expert appointed by the arbitrator for good cause. All other fees will be allocated in keeping with AAA rules

and applicable law. However, we will advance or reimburse ling fees and other fees if AAA or arbitrator determines

there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each

party will bear the expense of its own legal fees and costs, regardless of which party prevails, for arbitration and any

appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party

should recover any or all fees and costs from another party.

Finality and Appeals

Any decision rendered in such arbitration proceeding will be nal and binding on the parties unless a party appeals in

writing to the arbitration administrator within 30 days of issuance of the award. The appeal must request a new

arbitration before a panel of 3 neutral arbitrators designated by AAA. The panel will consider all factual and legal issues

anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on a majority

vote. Each party will bear their own fees, costs, and expenses for any appeal, but a party may recover any or all fees,

costs, and expenses from another party, if the majority of the panel of arbitrators, applying applicable law, so

determines. An award by a panel on appeal is nal. A nal award will be enforceable as provided by the FAA or other

applicable law by any court having jurisdiction.

Survival and Severability of Terms

This Arbitration Agreement shall survive: (1) termination or changes in the Cardmember Agreement, the Account and the

relationship between you and us concerning the Account, such as the issuing of a new account number or the

transferring of the balance in the Account to another account; (2) the bankruptcy of any party or any legal proceeding

initiated by you or on your behalf; (3) voluntary payment of the debt in full by you or by a third party; and (4) any sale of

your Account (in the case of a sale its terms will apply to the buyer of your Account) If any portion of this Arbitration

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your Account (in the case of a sale, its terms will apply to the buyer of your Account). If any portion of this Arbitration

Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

Your Right to Reject Arbitration

You may reject this Arbitration Agreement by sending a written rejection notice to us at: Best Egg Credit Card, PO Box

7606, Philadelphia, PA 19101. Your rejection notice must be mailed within 45 days of Account opening. Your rejection

notice must state that you reject this Arbitration Agreement and include your name, address, Account number and

personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements,

this Arbitration Agreement and any other arbitration provisions in the Cardmember Agreements will not apply to you,

except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of

this Arbitration Agreement will not aect your other rights or responsibilities under this section or the Agreement,

including use of the Account.

Mobile Communications

By participating in the Best Egg Credit Card Fraud Notication program, you may receive fraud notications. All

messages are free. You may opt out at any time by texting STOP to Short Code (54759). By sending STOP to Short Code

(54759), you agree to one additional conrmation message stating that you’ve opted out and will no longer receive

messages from Best Egg Credit Card. To get help, text HELP to Short Code (54759). Get additional support or help by

calling 833-707-1226. You must be the mobile phone account holder or have permission from the account holder to use

this service. You must be 18 years or older or have permission from a parent/guardian. By participating in this program,

you specically authorize Best Egg Credit Card to send communications using an automatic telephone dialing system or

an articial or prerecorded voice system. You are not required to sign the agreement as a condition of purchasing any

property, goods or services. The person consenting to receive telemarketing communications also provides

authorization for the specic telephone number that may be contacted via this program. Carriers are not responsible for

any delayed or undelivered messages. Messages may be delayed or not delivered due to factors outside of the carrier’s

control.

PARTICIPATING WIRELESS CARRIERS

AT&T Boost Mobile MetroPCS Sprint T-Mobile Verizon Wireless Virgin Mobile USA

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Terms and Conditions – Best Egg Credit Card

©

2020 Marlette Servicing, LLC. All rights reserved.

Hey there, curious! This is a BETA product, please be patient with us as we design and develop this product to grow

with you. Share your feedback with us anytime by dropping a note at cardservicing@bestegg.com

THE CARD

Card Features

FAQs

THE CARD

Card Features

FAQs

ABOUT US

Meet the Team

Marlette Funding, LLC

LEGAL

Privacy Statement

Privacy Policy

Terms of Use

Terms and Conditions

Licenses

Accessibility

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CUSTOMER CARE

Customer Care

24/7 Customer Service:  

833-707-1226

Report an issue:  

cardservicing@bestegg.com

CONNECT WITH US

   

3419 Silverside Road

Wilmington, DE 19810

This card is issued by First Bank & Trust, Brookings SD pursuant to a license by Visa International. The card is being marketed to you pursuant to a joint marketing agreement

between First Bank & Trust and Cross River Bank. Visa is a registered trademark, and the Visa logo design is a trademark of Visa International Incorporated.

Accepting a Best Egg Credit Card after your application is approved will result in a hard inquiry, which may impact your credit score.

To help the government ght the funding of terrorism and money laundering activities, Federal law requires all nancial institutions to obtain, verify, and record information

that identies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other

information that will allow us to identify you. We may also ask to see your drivers license or other identifying documents.

Marlette Funding, LLC is the parent company to the following subsidiaries: Marlette Servicing, LLC and Marlette Marketing, LLC.

© 2021 Marlette Funding, LLC. All rights reserved.

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