Common use of Program Website Clause in Contracts

Program Website. The Bank shall continue to maintain (and upgrade and enhance, to include any new technology or features that are used among Comparable Partner Programs), at the Bank’s expense, a Competitive Company-branded website, which shall include a mobile-optimized website for access through mobile (including smartphone and tablet) devices (and mobile applications), providing internet services for Cardholders and potential Cardholders with the look and feel consistent with the Company’s website subject to the Specifications Book (the foregoing, the “Program Website”). All written marketing content of the Program Website (other than content thereon constituting copies of or links to Bank Program Materials) shall be deemed Solicitation Materials subject to review and approval of the Marketing Committee in accordance with the provisions of Section 4.5. The Bank shall cause the Program Website to be accessed primarily by means of links from the Company’s website or links displayed by Internet search engines, as described in the immediately following sentence, to be inaccessible from Bank-branded websites, and to contain or otherwise be associated with only such material and links as shall be approved by the Marketing Committee from time to time. For clarity, Bank communications with Cardholders regarding billing, payment or servicing matters may include links to the Program Website in furtherance of such matters. The Company’s website will provide links to the Program Website on: (i) its home page, (ii) its check-out page, and (iii) such other pages of its website as the Marketing Committee shall determine from time to time. The Program Website shall also include links back to the Company’s website on the Program Website home page and such other pages as the Marketing Committee shall determine from time to time. The Program Website shall include the following functions, any other features and functionality as are made available by the Bank or its Affiliates’ on the program websites of any other private label or private label and co-branded credit card programs (but with respect to private label and co-branded credit card programs, only those features and functionality relevant to the private label component thereof) for which the Bank is issuer or servicer (which features and functionality shall be provided to the Company as soon as reasonably practicable after becoming available to such other programs, unless otherwise elected by the Company), and such other functions as may be approved by the Marketing Committee from time to time (the Program Website and such functionality, collectively, the “Internet Services”):

Program Website. The (a) Bank shall continue to maintain (and upgrade and enhance, to include any new technology one or features that are used among Comparable Partner Programs), at the Bank’s expense, a Competitive Company-branded website, which shall include a mobile-optimized website for access through mobile (including smartphone and tablet) devices (and mobile applications), providing internet services more websites for Cardholders and potential Cardholders branded with the look and feel consistent with the Company’s website subject to the Specifications Book Company Licensed Marks (the foregoing, the “Program Website”). All written marketing content of the Program Website (other than content thereon constituting copies of or links to Bank Program Materials) shall be deemed Solicitation Materials subject to review and approval of the Marketing Committee in accordance with the provisions of Section 4.5Operating Procedures and shall be responsible for the security thereof. The Bank shall cause the Program Website to shall be accessed primarily accessible by means of links from the such website pages of Company’s website or links displayed by Internet search engines, Retail Entities as described in Company shall determine from time to time and shall: § require authorization to access the immediately following sentence, to be inaccessible from Bank-branded websites, secure portions of the website; and to § contain or otherwise be associated with only such material and links as Company shall be approved by the Marketing Committee from time determine in its discretion, subject to timeApplicable Law. For clarity, Bank communications with Cardholders regarding billing, payment or servicing matters may include links shall ensure that a link to the Program Website in furtherance of such mattersPrivacy Policy Notice is posted on the Program Website. The Company’s website will provide links to features and functionality of the Program Website on: shall be as set forth in the Operating Procedures. (ib) its home pageBank represents and warrants that, (ii) its check-out pageto integrate and maintain the Web Application, to ensure access to the Bank’s designated website, and (iii) such other pages of its website as to reduce technical errors, Bank will use commercially reasonable efforts to ensure that Bank’s software providing the Marketing Committee Web Application will function, and continue to function, in a sound technical manner. Bank shall determine from time to time. The Program Website shall also include links back to appropriately monitor the Company’s website on Web Application and the Program Website home page to ensure proper functioning. In the event Bank changes or otherwise modifies the website address for the Program Website, Bank will provide at least thirty (30) days prior written notice and such other pages Company will either update or modify its website thereto, as directed by Bank, and shall be reimbursed for the Marketing Committee cost thereof as a Program Expense. In providing a link to the Web Application on one or more of the Retail Entities’ websites, if appropriate, the applicable Retail Entity shall determine from time make it clear and conspicuous that the Customer is leaving the Retail Entity’s website and is being directed to timeBank’s website for the exclusive purpose of accessing Bank’s website. The Program Website shall include Company agrees that, in connection with the following functionsWeb Application, Company and its Retail Entities will use Bank’s name, or any logo, statements, or any other features and functionality information that is related to Bank, only as are made available directed by Bank, or as previously approved by Bank in writing. Without limiting the Bank or its Affiliates’ on generality of the program websites scope of any other private label or private label and co-branded credit card programs (required approvals, but by way of example, Company shall seek Bank’s approval, not to be unreasonably withheld, not only with respect to private label and co-branded credit card programscontent, only those features and functionality relevant but also with respect to any typestyle, color or abbreviations used in connection with the private label component thereof) for which the Bank is issuer or servicer (which features and functionality shall be provided to the Company as soon as reasonably practicable after becoming available to such other programs, unless otherwise elected by the Company), and such other functions as may be approved by the Marketing Committee from time to time (the Program Website and such functionality, collectively, the “Internet Services”):Web Application.