Common use of Ownership of Accounts and Mailing Lists Clause in Contracts

Ownership of Accounts and Mailing Lists. The Customer's names and addresses and other Customer information collected by Spiegel Group and Xxxxx Xxxxx independent of Bank and set forth in Xxxxx Xxxxx'x records, shall be the exclusive property of Xxxxx Xxxxx, but Xxxxxxx Group shall during the Term of this Agreement as requested by Bank make the names and addresses of Customers available to Bank, as permitted by Applicable Law to be used only for purposes of solicitation, as provided hereunder, of such Customers to become Cardholders of Bank and in connection with the administration of the Plan in accordance with the terms of this Agreement. Bank shall provide to Spiegel Group monthly one (1) master file extract initially containing the information set forth on Schedule 2.8 to the extent such information is available to Bank, but subject to change by Bank at any time, and any other information agreed to by Spiegel Group and Bank, to the extent permitted by Applicable Law, which Spiegel Group may use solely in connection with maintaining and servicing the Accounts and for the purpose of marketing its Goods and Services to the Cardholders, as permitted by Applicable Law. Spiegel Group shall keep such Cardholder information confidential and shall not sell, lease, transfer or disclose such information to any third party without Bank's prior written consent. The Accounts and all information related thereto, including without limitation the receivables, names, addresses, credit and transaction information of Cardholders, as set forth in Bank's records shall be the exclusive property of Bank ANY TEXT REMOVED PURSUANT TO THE COMPANY'S CONFIDENTIAL TREATMENT REQUEST HAS BEEN SEPARATELY SUBMITTED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AND IS MARKED [***] HEREIN. during and after the Term of this Agreement unless the Accounts are purchased by Spiegel Group pursuant to Section 9. Bank shall have the right to take a security interest in the Goods purchased with an Account, and is solely liable for any action taken with respect to such security interest or lien as to such Goods. Bank will promptly assign any such interest to the Spiegel Group in the event of purchase of Accounts pursuant to Section 9.5 or a chargeback pursuant to Section 3.10.

Appears in 2 contracts

Samples: Eddie Bauer Holdings, Inc., Eddie Bauer Holdings, Inc.

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Ownership of Accounts and Mailing Lists. The Customer's names and addresses and other Customer information collected by Spiegel Group and Xxxxx Xxxxx independent of Bank and set forth in Xxxxx Xxxxx'x records, shall be the exclusive property of Xxxxx Xxxxx, but Xxxxxxx Group shall during the Term of this Agreement as requested by Bank make the names and addresses of Customers available to Bank, as permitted by Applicable Law to be used only for purposes of solicitation, as provided hereunder, of such Customers to become Cardholders of Bank and in connection with the administration of the Plan in accordance with the terms of this Agreement. Bank shall provide to Spiegel Group monthly one (1) master file extract initially containing the information set forth on Schedule 2.8 to the extent such information is available to Bank, but subject to change by Bank at any time, and any other information agreed to by Spiegel Group and Bank, to the extent permitted by Applicable Law, which Spiegel Group may use solely in connection with maintaining and servicing the Accounts and for the purpose of marketing its Goods and Services to the Cardholders, as permitted by Applicable Law. Spiegel Group shall keep such Cardholder information confidential and shall not sell, lease, transfer or disclose such information to any third party without ANY TEXT REMOVED PURSUANT TO THE COMPANY'S CONFIDENTIAL TREATMENT REQUEST HAS BEEN SEPARATELY SUBMITTED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AND IS MARKED [***] HEREIN. Bank's prior written consent. The Accounts and all information related thereto, including without limitation the receivables, names, addresses, credit and transaction information of Cardholders, as set forth in Bank's records shall be the exclusive property of Bank ANY TEXT REMOVED PURSUANT TO THE COMPANY'S CONFIDENTIAL TREATMENT REQUEST HAS BEEN SEPARATELY SUBMITTED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AND IS MARKED [***] HEREIN. during and after the Term of this Agreement unless the Accounts are purchased by Spiegel Group pursuant to Section 9. Bank shall have the right to take a security interest in the Goods purchased with an Account, and is solely liable for any action taken with respect to such security interest or lien as to such Goods. Bank will promptly assign any such interest to the Spiegel Group in the event of purchase of Accounts pursuant to Section 9.5 or a chargeback pursuant to Section 3.10.

Appears in 1 contract

Samples: Eddie Bauer Holdings, Inc.

Ownership of Accounts and Mailing Lists. The Customer's ’s names and addresses and other Customer information collected by Spiegel Group and Xxxxx Xxxxx independent of Bank DWR and set forth in Xxxxx Xxxxx'x DWR’s records, other than information obtained directly from Bank, from Bank’s agent or collected by DWR on behalf of Bank, shall be the exclusive property of Xxxxx Xxxxx, but Xxxxxxx Group shall during DWR. During the Term of this Agreement Agreement, DWR, shall as requested by Bank Bank, make the names and addresses of Customers available to Bank, as permitted by Applicable Law to be used only for purposes of solicitation, as provided hereunder, solicitation of such Customers to become Cardholders of Bank and in connection with the administration of the Plan in accordance with the terms of this Agreement. Bank shall provide to Spiegel Group DWR monthly one (1) master file extract initially containing the information set forth on Schedule 2.8 to the extent such information is available to Bank, but subject to change by Bank at any time, and any other information agreed to by Spiegel Group DWR and Bank, to the extent permitted by Applicable Law, which Spiegel Group DWR may use solely in connection with maintaining and servicing the Accounts and for the purpose of marketing its Goods and Services to the Cardholders, as permitted by Applicable Law. Spiegel Group DWR shall keep such Cardholder information confidential and shall not sell, lease, transfer or disclose such information to any third party without Bank's ’s prior written consent. The Accounts and all information related thereto, including without limitation the receivables, names, addresses, credit and transaction information of Cardholders, as set forth in Bank's ’s records shall be the exclusive property of Bank ANY TEXT REMOVED PURSUANT TO THE COMPANY'S CONFIDENTIAL TREATMENT REQUEST HAS BEEN SEPARATELY SUBMITTED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AND IS MARKED [***] HEREIN. during and after the Term of this Agreement unless the Accounts are purchased by Spiegel Group DWR pursuant to Section 9. During the Term of this Agreement Bank shall use such Cardholder information only in connection with the Plan and for Bank’s business purposes in connection with its credit card business, including without limitation portfolio analyses, setting policies and procedures, collections, sale of charged off Accounts and benchmarking, and in accordance with this Agreement and Applicable Law. DWR and Bank acknowledge that the Customer information owned by DWR under this Section 2.8 and the Cardholder information owned by Bank under this Section 2.8 may be duplicative. Bank shall have the right to take a security interest in the Goods purchased with an Account, and is solely liable for any action taken with respect to such security interest or lien as to such Goods. Bank will promptly assign any such interest Account to the Spiegel Group in the event of purchase of Accounts pursuant to Section 9.5 or a chargeback pursuant to Section 3.10extent permitted by Applicable Law.

Appears in 1 contract

Samples: Private Label Credit Card Program Agreement (Design Within Reach Inc)

Ownership of Accounts and Mailing Lists. The Customer's names and addresses and other Customer information collected by Spiegel Group and Xxxxx Xxxxx independent of Bank and set forth in Xxxxx Xxxxx'x records, shall be the exclusive property of Xxxxx Xxxxx, but Xxxxxxx Group shall during the Term of this Agreement as requested by Bank make the names and addresses of Customers available to Bank, as permitted by Applicable Law to be used only for purposes of solicitation, as provided hereunder, of such Customers to become Cardholders of Bank and in connection with the administration of the Plan in accordance with the terms of this Agreement. Bank shall provide to Spiegel Group monthly one (1) master file extract initially containing the information set forth on Schedule 2.8 to the extent such information is available to Bank, but subject to change by Bank at any time, and any other information agreed to by Spiegel Group and Bank, to the extent permitted by Applicable Law, which Spiegel Group may use solely in connection with maintaining and servicing the Accounts and for the purpose of marketing its Goods and Services to the Cardholders, as permitted by Applicable Law. Spiegel Group shall keep such Cardholder information confidential and shall not sell, lease, transfer or disclose such information to any third party without Bank's prior written consent. The Accounts and all information related thereto, including without limitation the receivables, names, addresses, credit and transaction information of Cardholders, as set forth in Bank's records shall be the exclusive property of Bank ANY TEXT REMOVED PURSUANT TO THE COMPANY'S CONFIDENTIAL TREATMENT REQUEST HAS BEEN SEPARATELY SUBMITTED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AND IS MARKED [***] HEREIN. during and after the Term of this Agreement unless the Accounts are purchased by Spiegel Group pursuant to Section 9. Bank shall have the right to take a security interest in the Goods purchased with an Account, and is solely liable for any action taken with respect to such security interest or lien as to such Goods. Bank will promptly assign any such interest to the Spiegel Group in the event of purchase of Accounts pursuant to Section 9.5 or a chargeback pursuant to Section 3.10.

Appears in 1 contract

Samples: Eddie Bauer Holdings, Inc.

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Ownership of Accounts and Mailing Lists. The Customer's names and addresses and other Customer information collected by Spiegel Group and Xxxxx Xxxxx independent of Bank and set forth in Xxxxx Xxxxx'x records, shall be the exclusive property of Xxxxx Xxxxx, but Xxxxxxx Group shall during the Term of this Agreement as requested by Bank make the names and addresses of Customers available to Bank, as permitted by Applicable Law to be used only for purposes of solicitation, as provided hereunder, of such Customers to become Cardholders of Bank and in connection with the administration of the Plan in accordance with the terms of this Agreement. Bank shall provide to Spiegel Group monthly one (1) master file extract initially containing the information set forth on Schedule 2.8 to the extent such information is available to Bank, but subject to change by Bank at any time, and any other information agreed to by Spiegel Group and Bank, to the extent permitted by Applicable Law, which Spiegel Group may use solely in connection with maintaining and servicing the Accounts and for the purpose of marketing its Goods and Services to the Cardholders, as permitted by Applicable Law. Spiegel Group shall keep such Cardholder information confidential and shall not sell, lease, transfer or disclose such information to any third party without Bank's prior written consent. The Accounts and all information related thereto, including without limitation the receivables, names, addresses, credit and transaction information of Cardholders, as set forth in Bank's records shall be the exclusive property of Bank ANY TEXT REMOVED PURSUANT TO THE COMPANY'S CONFIDENTIAL TREATMENT REQUEST HAS BEEN SEPARATELY SUBMITTED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AND IS MARKED [***] HEREIN. during and after the Term of this Agreement unless the Accounts are purchased by Spiegel Group pursuant Samuxxx xxxsuant to Section 9. Bank will not transfer, sell or otherwise disclose the Account information to competitors of Samuxxx. Xxnk shall have the right to take a security interest in the Goods purchased with an AccountAccount to the extent permitted by Applicable Law. During the Term of this Agreement, Bank shall provide to Samuxxx xx or before the 7th Business Day of the following month one (1) master file tape containing the information set forth on Schedule 2.8, provided such information resides on Bank's system and any other information agreed to by Bank and Samuxxx, xx the extent permitted by Applicable Law, (but excluding any Cardholders who have requested that such information not be shared or disclosed), which Samuxxx xxx use solely for the purpose of marketing its Goods and Services to Cardholders as permitted by Applicable Law. Bank shall provide Samuxxx xxxh additional master file tapes, or extracts, as requested by Samuxxx xx Bank's then current (commercially reasonable) price for such files or extracts. Samuxxx xxxll keep such Cardholder information confidential (unless such information was obtained independently by Samuxxx xxxm the Cardholder and the Cardholder has not requested any restriction on disclosure of such information), and is solely liable shall not sell, lease or transfer such information to any third party without Bank's prior written consent. The names and addresses of Customers, as set forth in Samuxxx' xxcords, shall be the exclusive property of Samuxxx, xxt Samuxxx, xxbject to Applicable Law, shall make the names and addresses of Customers available to Bank during the Term of this Agreement to be used only for any action taken purposes of solicitation of Applicants by Bank and administration of the Plan in accordance with respect to such security interest or lien as to such Goods. Bank will promptly assign any such interest to the Spiegel Group in the event terms of purchase of Accounts pursuant to Section 9.5 or a chargeback pursuant to Section 3.10this Agreement.

Appears in 1 contract

Samples: Samuels Jewelers Inc

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