Common use of Second-Look Credit Card Program Clause in Contracts

Second-Look Credit Card Program. Notwithstanding Section 2.5(a), Company shall have the right at any time during the Term, at its sole expense, to establish a program offered by Company directly or through one or more third parties, for issuing credit cards, including co-branded or private label credit cards using the Company Licensed Marks or other ▇▇▇▇ using the Company name, to Company Guests whose Credit Card Applications are declined pursuant to the Risk Management Policies and/or whose Accounts are being closed by Bank in accordance with the Risk Management Policies (“Second Look Program”). Without limiting Company’s confidentiality obligations pursuant to this Agreement, at Company’s reasonable discretion, to the extent permitted by Applicable Law, the Second Look Program may be similar or identical to the Program in its terms, features, positioning and appearance. Company will use its commercially reasonable efforts and take actions reasonably requested by Bank to ensure that such Second Look Program will not cause consumer confusion as to which financial institution is underwriting and providing lending for the Second Look Program. To the extent permitted by Applicable Law, Bank shall, at Company’s expense, take the following actions in relation to the Second Look Program: (i) with prior notice to the Applicant, passing Credit Card Application data for Applicants that have been or would be declined by Bank to the Second Look Program provider (and amending the Credit Card Application and/or Program Privacy Notice as required by Applicable Law to enable such use of Applicant data), (ii) allowing the Second Look Program provider to use, on a real-time basis and to the extent permitted by Applicable Law, information collected by Company or Bank in connection with Applicants that have been or would be declined by Bank and Accounts that would be closed, (iii) collaborating with Company and the Second Look Program provider to offer combined Account Documentation (e.g., Credit Card Applications and Credit Card Agreements), and (iv) facilitating the seamless coordination of any Second Look Program and the Program.

Second-Look Credit Card Program. Notwithstanding Section 2.5(a), Company shall have the right at any time during the Term, at its sole expense, to establish a program offered by Company directly or through one or more third parties, for issuing credit cards, including co-branded or private label credit cards using the Company Licensed Marks or other ▇▇▇▇ mark using the Company name, to Company Guests whose Credit Card Applications are declined pursuant to the Risk Management Policies and/or whose Accounts are being closed by Bank in accordance with the Risk Management Policies (“Second Look Program”). Without limiting Company’s confidentiality obligations pursuant to this Agreement, at Company’s reasonable discretion, to the extent permitted by Applicable Law, the Second Look Program may be similar or identical to the Program in its terms, features, positioning and appearance. Company will use its commercially reasonable efforts and take actions reasonably requested by Bank to ensure that such Second Look Program will not cause consumer confusion as to which financial institution is underwriting and providing lending for the Second Look Program. To the extent permitted by Applicable Law, Bank shall, at Company’s expense, take the following actions in relation to the Second Look Program: (i) with prior notice to the Applicant, passing Credit Card Application data for Applicants that have been or would be declined by Bank to the Second Look Program provider (and amending the Credit Card Application and/or Program Privacy Notice as required by Applicable Law to enable such use of Applicant data), (ii) allowing the Second Look Program provider to use, on a real-time basis and to the extent permitted by Applicable Law, information collected by Company or Bank in connection with Applicants that have been or would be declined by Bank and Accounts that would be closed, (iii) collaborating with Company and the Second Look Program provider to offer combined Account Documentation (e.g., Credit Card Applications and Credit Card Agreements), and (iv) facilitating the seamless coordination of any Second Look Program and the Program.