Common use of Collector Communications Clause in Contracts

Collector Communications. (a) LM will make available to the Bank at least six opportunities in each calendar year to communicate to Collectors messages or offers regarding the Bank’s participation in the AM Program, such as having inserts included in LM statement mailings or having presence in a magazine or LM’s website. The form and content of such communications shall be subject to LM’s sole discretion, including requirements as to size, weight and format. LM may charge the Bank for such communications provided that the rate is “cost effective” to the Bank. For purposes hereof, a “cost effective” rate is a rate, which, based on LM’s knowledge of the direct mail industry in Canada, is less than the rate a Person would typically pay an independent arm’s length third party for comparable communication vehicles in comparable circumstances, but in any event, LM need not charge below its own costs. LM will ensure that at least 50% of Collectors have reasonable means to access information with respect to their Collector balance and transaction information when provided by LM. (b) The Bank shall ensure that the AM brand name and trade-▇▇▇▇ are used when identifying AM on its BankCard statements.

Collector Communications. (a) LM will make available to the Bank at least six opportunities in each calendar year to communicate to Collectors messages or offers regarding the Bank’s participation in the AM Program, such as having inserts included in LM statement mailings or having presence in a magazine or LM’s website. The form and content of such communications shall be subject to LM’s sole discretion, including requirements as to size, weight and format. LM may charge the Bank for such communications provided that the rate is “cost effective” to the Bank. For purposes hereof, a “cost effective” rate is a rate, which, based on LM’s knowledge of the direct mail industry in Canada, is less than the rate a Person would typically pay an independent arm’s length third party for comparable communication vehicles in comparable circumstances, but in any event, LM need not charge below its own costs. LM will ensure that at least 50% of Collectors have reasonable means to access information with respect to their Collector balance and transaction information when provided by LM. (b) The Bank shall ensure that the AM brand name and trade-▇trade-m▇▇▇ are used when identifying AM on its BankCard statements.