Credit Card Program Agreement Sample Contracts

BJ's Wholesale Club Holdings, Inc. – Amendment No. 2 to Co-Brand Credit Card Program Agreement Between Comenity Capital Bank and Bjs Wholesale Club, Inc. (September 24th, 2018)
BJ's Wholesale Club Holdings, Inc. – Amendment No. 3 to Co-Brand Credit Card Program Agreement Between Comenity Capital Bank and Bjs Wholesale Club, Inc. (September 24th, 2018)
BJ's Wholesale Club Holdings, Inc. – Co-Brand Credit Card Program Agreement Between Comenity Capital Bank and Bjs Wholesale Club, Inc. Dated as of June 5, 2014 (September 24th, 2018)
BJ's Wholesale Club Holdings, Inc. – Co-Brand Credit Card Program Agreement Between Comenity Capital Bank and Bjs Wholesale Club, Inc. Dated as of June 5, 2014 (June 1st, 2018)
BJ's Wholesale Club Holdings, Inc. – Amendment No. 3 to Co-Brand Credit Card Program Agreement Between Comenity Capital Bank and Bjs Wholesale Club, Inc. (June 1st, 2018)
BJ's Wholesale Club Holdings, Inc. – Amendment No. 2 to Co-Brand Credit Card Program Agreement Between Comenity Capital Bank and Bjs Wholesale Club, Inc. (June 1st, 2018)
Fourth Amendment to the Co-Branded Credit Card Program Agreement (March 15th, 2018)

This Fourth Amendment ("Amendment") is between Citibank, N.A. ("Bank") and Costco Wholesale Corporation ("Costco"), is effective as of January 1, 2018, and amends that certain Co-Branded Credit Card Program Agreement, by and between Bank and Costco, dated February 27, 2015 (the "Agreement").

Ninth Amendment to Amended and Restated Consumer Credit Card Program Agreement (August 30th, 2017)

This Ninth Amendment ("Amendment Number 9") dated as of July 10, 2017 to that certain Consumer Credit Card Program Agreement made as of December 6, 1999, as amended and restated as of November 5, 2009, and as amended as of October 29, 2010, January 30, 2013, October 11, 2013, February 25, 2014, April 6, 2015, June 26, 2015, August 17, 2016 and January 18, 2017, is made by and between J. C. PENNEY CORPORATION, INC., formerly known as J. C. Penney Company, Inc., a Delaware corporation, with its principal place of business at Plano, Texas ("JCPenney"), and SYNCHRONY BANK, assignee of Monogram Credit Card Bank of Georgia and formerly known as GE Capital Retail Bank and GE Money Bank ("Bank"), with its principal place of business at 170 W. Election Road, Draper, Utah 84020 (together with all exhibits and schedules thereto, as the same may be amended from time to time, the "Agreement"). Capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement

Gap Inc. – Explanatory Note on April 7, 2017, Synchrony Bank (F/K/a Ge Capital Retail Bank) and Synchrony Financial ("Synchrony Entities") Entered Into the Fifth Amendment to the Amended and Restated Consumer Credit Card Program Agreement by and Among the Gap, Inc. (The "Company"), Gap (Puerto Rico), Inc., Gps Consumer Direct, Inc., Gap (Apparel), Llc, Gap (Itm) Inc., and the Synchrony Entities, Which Is Attached Hereto. The Synchrony Entities Also Entered Into Three Other Agreements With Certain of the Company's Wholly-Owned Subsidiaries on the Same Day: (August 24th, 2017)

This Fifth Amendment to the Amended and Restated Consumer Credit Card Program Agreement, dated as of April 7, 2017 (the "Amendment") amends that certain Amended and Restated Consumer Credit Card Program Agreement dated as of February 28, 2014 (as amended, modified and supplemented from time to time, the "Agreement") by and among Synchrony Bank, a federal savings bank ("Bank"), Synchrony Financial, a Delaware corporation ("Bank Parent"), The Gap, Inc., a Delaware corporation ("The Gap, Inc."), Gap (Puerto Rico), Inc., a Puerto Rico corporation, GPS Consumer Direct, Inc., a California corporation, Gap (Apparel), LLC, a California limited liability company, and Gap (ITM) Inc., a California corporation (jointly and severally, the "Retailers"). Capitalized terms used herein and not otherwise defined have the meaning given in the Agreement.

Ascena Retail Group – Amended and Restated CREDIT CARD PROGRAM AGREEMENT by and Between Ascena Retail Group, Inc. And Capital One, National Association Dated as of April 28, 2017 (June 8th, 2017)

This Amended and Restated Private Label Credit Card Program Agreement is made as of the 28th of April, 2017 ("Effective Date"), by and between Ascena Retail Group, Inc., a Delaware corporation with its principal offices at 933 MacArthur Blvd., Mahwah, N.J. 07430 ("Company"), and Capital One, National Association, a national banking association with its principal offices at 1680 Capital One Drive, McLean, V.A. 22102 ("Bank").

Gap Inc. – Explanatory Note on April 7, 2017, Synchrony Bank (F/K/a Ge Capital Retail Bank) and Synchrony Financial ("Synchrony Entities") Entered Into the Fifth Amendment to the Amended and Restated Consumer Credit Card Program Agreement by and Among the Gap, Inc. (The "Company"), Gap (Puerto Rico), Inc., Gps Consumer Direct, Inc., Gap (Apparel), Llc, Gap (Itm) Inc., and the Synchrony Entities, Which Is Attached Hereto. The Synchrony Entities Also Entered Into Three Other Agreements With Certain of the Company's Wholly-Owned Subsidiaries on the Same Day: (June 5th, 2017)

This Fifth Amendment to the Amended and Restated Consumer Credit Card Program Agreement, dated as of April 7, 2017 (the "Amendment") amends that certain Amended and Restated Consumer Credit Card Program Agreement dated as of February 28, 2014 (as amended, modified and supplemented from time to time, the "Agreement") by and among Synchrony Bank, a federal savings bank ("Bank"), Synchrony Financial, a Delaware corporation ("Bank Parent"), The Gap, Inc., a Delaware corporation ("The Gap, Inc."), Gap (Puerto Rico), Inc., a Puerto Rico corporation, GPS Consumer Direct, Inc., a California corporation, Gap (Apparel), LLC, a California limited liability company, and Gap (ITM) Inc., a California corporation (jointly and severally, the "Retailers"). Capitalized terms used herein and not otherwise defined have the meaning given in the Agreement.

Credit Card Program Agreement (May 25th, 2017)

This Credit Card Program Agreement is made as of the 25th day of May, 2017, by and between Sterling Jewelers Inc., a Delaware corporation (the "Company") and Comenity Bank, a Delaware state-chartered bank (the "Bank"), each referred to herein as a "Party", and collectively, the "Parties".

Third Amendment to the Co-Branded Credit Card Program Agreement (October 12th, 2016)

This Third Amendment ("Amendment") is between Citibank, N.A. ("Bank") and Costco Wholesale Corporation ("Costco"), is effective as of June 13, 2016, and amends that certain Co-Branded Credit Card Program Agreement, by and between Bank and Costco, dated February 27, 2015 (the "Agreement").

Gap Inc. – On April 29, 2016, Synchrony Bank (F/K/A Ge Capital Retail Bank) and Synchrony Financial ("Synchrony Entities") Entered Into the Fourth Amendment to the Amended and Restated Consumer Credit Card Program Agreement by and Among the Gap, Inc. (The "Company"), Gap (Puerto Rico), Inc., Gps Consumer Direct, Inc., Gap (Apparel), Llc, Gap (Itm) Inc., and the Synchrony Entities, Which Is Attached Hereto. The Synchrony Entities Also Entered Into Three Other Agreements With Certain of the Company's Wholly-Owned Subsidiaries on the Same Day: (June 3rd, 2016)

This Fourth Amendment to the Amended and Restated Consumer Credit Card Program Agreement, dated as of April 29, 2016 (the "Amendment") amends that certain Amended and Restated Consumer Credit Card Program Agreement dated as of February 28, 2014 (as amended, modified and supplemented from time to time, the "Agreement") by and among Synchrony Bank (f/k/a GE Capital Retail Bank), a federal savings bank ("Bank"), Synchrony Financial, a Delaware corporation ("Bank Parent"), The Gap, Inc., a Delaware corporation ("The Gap, Inc."), Gap (Puerto Rico), Inc., a Puerto Rico corporation, GPS Consumer Direct, Inc., a California corporation, Gap (Apparel), LLC, a California limited liability company, and Gap (ITM) Inc., a California corporation (jointly and severally, the "Retailers"). Capitalized terms used herein and not otherwise defined have the meaning given in the Agreement.

Second Amendment to the Co-Branded Credit Card Program Agreement (March 9th, 2016)

This Second Amendment ("Amendment") is between Citibank, N.A. ("Bank") and Costco Wholesale Corporation ("Costco"), is effective as of December 31, 2015, and amends that certain Co-Branded Credit Card Program Agreement, by and between Bank and Costco, dated February 27, 2015 (the "Agreement").

CREDIT CARD PROGRAM AGREEMENT by and Among NORDSTROM, INC., NORDSTROM FSB and TD BANK USA, N.A. May 25, 2015 (December 1st, 2015)

This Credit Card Program Agreement is made as of the 25th day of May, 2015 ("Effective Date"), by and among Nordstrom, Inc., a Washington corporation with its principal offices in Seattle, Washington ("Nordstrom"), Nordstrom fsb, a federal savings bank with its main offices in Scottsdale, Arizona ("Company Bank" and collectively with Nordstrom, "Company"), and TD Bank USA, N.A. ("Bank"), a national banking association with its principal offices as of the date hereof in Wilmington, Delaware.

Co-Branded Credit Card Program Agreement (August 31st, 2015)

This Agreement is made this 27th day of February, 2015 by and between CITIBANK, N.A. ("Bank"), and COSTCO WHOLESALE CORPORATION, a corporation incorporated under the laws of the State of Washington, with its principal offices at 999 Lake Drive Issaquah, Washington 98027, United States ("Costco").

Co-Branded Credit Card Program Agreement (June 4th, 2015)

This Agreement is made this 27th day of February, 2015 by and between CITIBANK, N.A. ("Bank"), and COSTCO WHOLESALE CORPORATION, a corporation incorporated under the laws of the State of Washington, with its principal offices at 999 Lake Drive Issaquah, Washington 98027, United States ("Costco").

First Amendment to the Credit Card Program Agreement (May 28th, 2015)

WHEREAS Target Corporation, Target Enterprise Inc. (collectively "Company") and TD Bank USA, N.A. ("Bank") entered into the Credit Card Program Agreement as of the 22nd day of October, 2012 (the "Agreement"); and

Gap Inc. – First Amendment to Amended and Restated Consumer Credit Card Program Agreement (March 23rd, 2015)

This First Amendment to the Amended and Restated Consumer Credit Card Program Agreement, dated as of January 31, 2015 (the "Amendment") amends that certain Amended and Restated Consumer Credit Card Program Agreement dated as of February 28, 2014 (as amended, modified and supplemented from time to time, the "Agreement") by and among Synchrony Bank (f/k/a GE Capital Retail Bank), a federal savings bank ("Bank"), Synchrony Financial, a Delaware corporation ("Bank Parent"), The Gap, Inc., a Delaware corporation ("The Gap, Inc."), Gap (Puerto Rico), Inc., a Puerto Rico corporation, GPS Consumer Direct, Inc., a California corporation, Gap (Apparel), LLC, a California limited liability company, and Gap (ITM) Inc., a California corporation (jointly and severally, the "Retailers"). Capitalized terms used herein and not otherwise defined have the meaning given in the Agreement.

AMENDED AND RESTATED CREDIT CARD PROGRAM AGREEMENT by and Among MACY'S, INC., FDS BANK, MACY'S CREDIT AND CUSTOMER SERVICES, INC., MACY'S WEST STORES, INC., BLOOMINGDALES, INC., DEPARTMENT STORES NATIONAL BANK and CITIBANK, N.A. (December 8th, 2014)

This Amended and Restated Credit Card Program Agreement is made as of the 10th day of November, 2014, by and among Macy's, Inc., a Delaware corporation ("Macy's"), FDS Bank, a federally-chartered stock savings bank ("FDS Bank"), Macy's Credit and Customer Services, Inc., an Ohio corporation ("MCCS"), Macy's West Stores, Inc., an Ohio corporation ("Macy's West"), Bloomingdales, Inc., an Ohio corporation ("Bloomingdales"; and together with Macy's, FDS Bank, MCCS and Macy's West, the "Macy's Companies"), Department Stores National Bank, a national banking association ("Bank"), and with respect to Section 2.1(b), Schedule 2.1(b) and Article XVII, Citibank, N.A., a national banking association ("Citibank").

Co-Brand Credit Card Program Agreement Between Comenity Capital Bank and Virgin America Inc. Dated as of May 16, 2013 (October 10th, 2014)

***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Co-Brand Credit Card Program Agreement Between Comenity Capital Bank and Virgin America Inc. Dated as of May 16, 2013 (September 16th, 2014)

***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

CREDIT CARD PROGRAM AGREEMENT by and Among DILLARD'S, INC., WELLS FARGO BANK, N.A. And for the Limited Purposes Stated Herein, DILLARD INVESTMENT CO., INC. (June 5th, 2014)

This Credit Card Program Agreement is made as of the 31st day of March, 2014, by and among Dillard's, Inc., a Delaware corporation (the "Company"), Dillard Investment Co., Inc., a Delaware corporation ("DIC"), a subsidiary of the Company, and Wells Fargo Bank, N.A., a national banking association (the "Bank"), the Company and the Bank each referred to herein as a "Party", and collectively, the "Parties".

Fourth Amendment to Amended and Restated Consumer Credit Card Program Agreement (June 3rd, 2014)

This Fourth Amendment ("Amendment Number Four") dated as of February 25, 2014, to that certain Consumer Credit Card Program Agreement made as of December 6, 1999, as amended and restated as of November 5, 2009, and as amended as of October 29, 2010, January 30, 2013 and October 11, 2013, by and between J. C. PENNEY CORPORATION, INC., formerly known as J. C. Penney Company, Inc., a Delaware corporation, with its principal place of business at Plano, Texas, and GE CAPITAL RETAIL BANK, assignee of Monogram Credit Card Bank of Georgia and formerly known as GE Money Bank, with its principal place of business at 170 W. Election Road, Draper, Utah 84020 (the "Agreement"). Capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement.

Third Amendment to Amended and Restated Consumer Credit Card Program Agreement (October 15th, 2013)

""Store Sale/Closing-Related Account" means, after any Store Sale/Closing Date, an Account, the primary Cardholder of which is (i) two (2) or more payments past due on his or her Account at the time of sale of such Account, (ii) lives within a zip code area that is within fifty (50) miles of the department store or stores being closed or sold on a Store Sale/Closing Date and there is no other department store doing business as JCPenney within fifty (50) miles, and (iii) has an Account which does not have any Purchases debited to it made through the catalog or the Internet or other locations (other than the store being closed) within (x) the twelve (12) month period prior to the Store Sale/Closing Date or (y) after the Store Sale/Closing Date; provided, however, that the condition in clause (i) shall not apply if, upon the relevant Store Sale/Closing Date: (a) JCPenney operates fewer than four hundred (400) retail stores, and (b) the aggregate square footage of all retail stores operate

CREDIT CARD PROGRAM AGREEMENT by and Between COLDWATER CREEK U.S. INC. And COMENITY BANK (September 12th, 2013)

This Credit Card Program Agreement is made as of the 26th day of July, 2013, by and between Coldwater Creek U.S. Inc., a Delaware corporation (the "Company") and Comenity Bank, a bank organized under the laws of the State of Delaware (the "Bank").

SECOND AMENDED AND RESTATED CREDIT CARD PROGRAM AGREEMENT by and Among THE NEIMAN MARCUS GROUP, INC. BERGDORF GOODMAN, INC. And CAPITAL ONE, NATIONAL ASSOCIATION Dated as of July 15, 2013 (August 7th, 2013)

This Second Amended and Restated Credit Card Program Agreement is made as of the 15th day of July, 2013, by and among The Neiman Marcus Group, Inc., a Delaware corporation (NMG), Bergdorf Goodman, Inc., a New York corporation (BG, and together with NMG, the NMG Companies), and Capital One, National Association, a national banking association (Bank).

CREDIT CARD PROGRAM AGREEMENT by and Among TARGET CORPORATION, TARGET ENTERPRISE, INC. And TD BANK USA, N.A. (July 29th, 2013)

This Credit Card Program Agreement is made as of the 22nd day of October, 2012 (Effective Date), by and among TARGET CORPORATION, a Minnesota corporation with its principal offices at Minneapolis, Minnesota, TARGET ENTERPRISE, INC., a Minnesota corporation with its principal offices at Minneapolis, Minnesota (collectively, Company), and TD BANK USA, N.A. (Bank), a national banking association with its principal offices as of the date hereof at Portland, Maine.

CREDIT CARD PROGRAM AGREEMENT by and Among TARGET CORPORATION, TARGET ENTERPRISE, INC. And TD BANK USA, N.A. (May 30th, 2013)

This Credit Card Program Agreement is made as of the 22nd day of October, 2012 (Effective Date), by and among TARGET CORPORATION, a Minnesota corporation with its principal offices at Minneapolis, Minnesota, TARGET ENTERPRISE, INC., a Minnesota corporation with its principal offices at Minneapolis, Minnesota (collectively, Company), and TD BANK USA, N.A. (Bank), a national banking association with its principal offices as of the date hereof at Portland, Maine.

Second Amendment to Amended and Restated Consumer Credit Card Program Agreement (February 4th, 2013)

This Second Amendment ("Amendment Number Two") dated as of January 30, 2013, to that certain Consumer Credit Card Program Agreement made as of December 6, 1999, as amended and restated as of November 5, 2009, and as amended as of October 29, 2010, by and between J. C. PENNEY CORPORATION, INC., formerly known as J. C. Penney Company, Inc., a Delaware corporation, with its principal place of business at Plano, Texas, and GE CAPITAL RETAIL BANK, assignee of Monogram Credit Card Bank of Georgia and formerly known as GE Money Bank, with its principal place of business at 170 W. Election Road, Draper, Utah 84020 (the "Agreement"). Capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement.

Eighth Amendment to Credit Card Program Agreement (December 3rd, 2012)

This EIGHTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT (the "Eighth Amendment") is effective as of April 16, 2012(the "Eighth Amendment Effective Date"), by and among Macy's, Inc., f/k/a Federated Department Stores, Inc., a Delaware corporation, ("Macy's, Inc."), FDS Bank, a federally-chartered stock savings bank ("FDS Bank"), Macy's Credit and Customer Services, Inc., f/k/a FACS Group, Inc., an Ohio corporation ("MCCS"), Macy's West Stores, Inc., f/k/a Macy's Department Stores, Inc., an Ohio corporation ("Macy's"), Bloomingdale's, Inc., an Ohio corporation ("Bloomingdale's") (collectively the "Macy's Companies"), and Department Stores National Bank, a national banking association, as assignee of Citibank, N.A. ("Bank").

Contract (June 19th, 2012)
Pages Where Confidential Treatment Has Been Requested Are Stamped: Confidential Treatment Has Been Requested. Redacted Material Has Been Separately Filed With the Commission. All Redacted Material Has Been Marked by the Symbol: [***]. SIXTH AMENDMENT TO THE CREDIT CARD PROGRAM AGREEMENT (February 3rd, 2011)

This Sixth Amendment to the Credit Card Program Agreement (Sixth Amendment) is made and entered into as of January 31, 2011 by and between HSBC Bank Nevada, National Association (HSBC or Bank), and The Bon-Ton Stores, Inc. (Bon-Ton) and amends that certain Credit Card Program Agreement dated as of June 20, 2005, as previously amended (Agreement). This Sixth Amendment is effective as of the 1st day of January, 2011 (Sixth Amendment Effective Date)

CREDIT CARD PROGRAM AGREEMENT by and Between PIER 1 IMPORTS (U.S.), INC., and CHASE BANK USA, N.A. Dated as of January 1, 2011 (December 30th, 2010)

This Credit Card Program Agreement ("Agreement") is made as of the 1st day of January 2011 ("Effective Date"), by and among Pier 1 Imports (U.S.), Inc., a Delaware corporation ("Pier 1"), and Chase Bank USA, N.A., a national bank ("Bank").