Program Agreement Sample Contracts

Second Amendment to Program Agreement (December 4th, 2018)
Coastal Financial Corp – Program Agreement (October 2nd, 2018)
Schedules, Exhibits and Amendments to the Amended and Restated Program Agreement, Dated as of July 15, 2003, Amended and Restated as of November 3, 2003, by and Among Sears, Roebuck and Co., Sears Brands Business Unit Corporation (As Successor in Interest to Sears Intellectual Property Management Company) and Citibank, N.A. (As Successor in Interest to Citibank (South Dakota), N.A., Which Was Successor in Interest to Citibank (USA, N.A.)) (September 13th, 2018)

*** Certain confidential information contained in this document, marked by [***], has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information.

AMENDMENT #6 TO AMENDED AND RESTATED WALMART MONEYCARD PROGRAM AGREEMENT (2018 Prize Linked Savings Program Extension) (August 9th, 2018)

This AMENDMENT #6 (this "Amendment") to the Amended and Restated Walmart MoneyCard Program Agreement is made as of May 1, 2018 ("Amendment Effective Date") by and among Walmart Inc. (f/k/a Wal-Mart Stores, Inc.), a Delaware corporation, Wal-Mart Stores Texas L.L.C., a Delaware limited liability company, Wal-Mart Louisiana, LLC, a Delaware limited liability company, Wal-Mart Stores Arkansas, LLC, an Arkansas limited liability company, Wal-Mart Stores East, L.P., a Delaware limited partnership and Wal-Mart Puerto Rico, Inc., a Puerto Rico corporation (each of the foregoing entities, individually and collectively, "Retailer"), (2) Green Dot Corporation ("GDC" or "Green Dot"), a Delaware corporation, and (3) Green Dot Bank, a Utah chartered Fed member bank and wholly owned subsidiary of GDC ("Bank"). Each of the foregoing parties is sometimes referred to herein as "Party," and collectively they are referred to as the "Parties."

THIRD AMENDMENT TO RETAILER PROGRAM AGREEMENT (Sleep Number) (August 3rd, 2018)

THIS THIRD AMENDMENT TO RETAILER PROGRAM AGREEMENT (this "Amendment") is entered into as of June 26, 2018, and amends that certain Retailer Program Agreement, made as of January 1, 2014 (as amended, modified and supplemented from time to time, the "Agreement"), by and between Synchrony Bank ("Bank") and Sleep Number Corporation, formerly known as Select Comfort Corporation ("Sleep Number"), and Select Comfort Retail Corporation ("SCRC" and collectively with Sleep Number, "Retailer"). Capitalized terms used herein and not otherwise defined have the meanings given them in the Agreement.

FIRST AMENDMENT TO AMENDED AND RESTATED RETAILER PROGRAM AGREEMENT (Haverty Furniture Companies) (August 2nd, 2018)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED RETAILER PROGRAM AGREEMENT (this "Amendment" or "First Amendment") is entered into as of June 27, 2018, by and between Synchrony Bank ("Bank"), and Haverty Furniture Companies, Inc. ("Retailer"). Capitalized terms used herein and not otherwise defined have the meanings given them in the Agreement.

Coastal Financial Corp – Program Agreement (July 13th, 2018)

THIS PROGRAM AGREEMENT (including all schedules, appendices, exhibits, addenda and amendments, the Agreement) is entered into this 17th day of May, 2018, (the Effective Date) by and between Coastal Community Bank, a Washington chartered bank (Coastal), and Aspiration Financial, LLC, a limited liability company organized under the laws of the state of Delaware (Aspiration). Each of Coastal and Aspiration shall also be referenced as a Party and collectively as the Parties.

Establishment Labs Holdings Inc. – "Crisalix Official Partner" Pilot Program Agreement (June 21st, 2018)
Coastal Financial Corp – Program Agreement (June 19th, 2018)

THIS PROGRAM AGREEMENT (including all schedules, appendices, exhibits, addenda and amendments, the Agreement) is entered into this 17th day of May, 2018, (the Effective Date) by and between Coastal Community Bank, a Washington chartered bank (Coastal), and Aspiration Financial, LLC, a limited liability company organized under the laws of the state of Delaware (Aspiration). Each of Coastal and Aspiration shall also be referenced as a Party and collectively as the Parties.

Amendment No. 5 to Amended and Restated Walmart Moneycard Program Agreement (May 10th, 2018)

This Amendment No. 5 to the Amended and Restated Walmart MoneyCard Program Agreement ("Amendment") is made as of March 8, 2018 ("Amendment Effective Date") by and among Walmart Inc. (f/k/a Wal-Mart Stores, Inc.), a Delaware corporation, Wal-Mart Stores Texas LLC, a Delaware limited liability company, Wal-Mart Louisiana, LLC, a Delaware limited liability company, Wal-Mart Stores Arkansas, LLC, an Arkansas limited liability company, Wal-Mart Stores East, LP, a Delaware limited partnership and Wal-Mart Puerto Rico, Inc., a Puerto Rico corporation (each of the foregoing entities, individually and collectively, "Retailer"), (2) Green Dot Corporation ("GDC" or "Green Dot"), a Delaware corporation, and (3) Green Dot Bank, a Utah chartered Fed member bank and wholly owned subsidiary of GDC ("Bank"). Each of the foregoing parties is sometimes referred to herein as "Party,'' and collectively they are referred to as the "Parties."

Dex MEdia CALL ADVERTISING PROGRAM AGREEMENT (May 9th, 2018)

THIS AGREEMENT (this "Agreement") is made and entered into effective as of October 24, 2017 (the "Effective Date"), by and between Dex Media, Inc. ("Dex Media"), a Delaware corporation whose principal offices are located at 2200 West Airfield Drive, P.O. Box 619810, DFW Airport, Texas 75261, and Marchex Sales, LLC "Distributor", "you", "your" or "yourself"), a Delaware limited liability company, whose principal offices are located at 234 5th Avenue Suite 301 New York, NY 10001. The parties, intending to be legally bound, agree as follows:

GreenSky, Inc. – Amended and Restated Co-Branded Mastercard Card Program Agreement (May 7th, 2018)

THIS AMENDED AND RESTATED CO-BRANDED MASTERCARD CARD PROGRAM AGREEMENT ("Agreement") is made and entered into as of the 15th day of October, 2012 ("Effective Date"), by and between Greensky Trade Credit, LLC, a Georgia limited liability company ("Greensky"), and Comdata Network, Inc., a Maryland corporation ("Comdata").

GreenSky, Inc. – Second Amended and Restated Greensky Installment Loan Program Agreement (May 7th, 2018)

THIS SECOND AMENDED AND RESTATED GREENSKY INSTALLMENT LOAN PROGRAM AGREEMENT ("Agreement"), is made and entered into as of April 26, 2018 ("Effective Date"), by and among GREENSKY, LLC (f/k/a GreenSky Trade Credit, LLC), a Georgia limited liability company, with offices at 5565 Glenridge Connector, Suite 700, Atlanta, Georgia 30342 ("GreenSky"), and HOME DEPOT U.S.A., INC., a Delaware corporation and successor-in-interest to THD At-Home Services, Inc. (formerly a party to this Agreement), with offices at 2455 Paces Ferry Road, NW, Atlanta, Georgia 30339 ("Home Depot"). Third-party installation service providers authorized by Home Depot to provide installation services for customers of Home Depot as an agent of Home Depot are hereinafter referred to as "Authorized Service Providers".

GreenSky, Inc. – CERTAIN CONFIDENTIAL MATERIAL APPEARING IN THIS DOCUMENT, MARKED BY [*****] HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED AMENDED AND RESTATED CO-BRANDED MASTERCARD CARD PROGRAM AGREEMENT (April 27th, 2018)

THIS AMENDED AND RESTATED CO-BRANDED MASTERCARD CARD PROGRAM AGREEMENT ("Agreement") is made and entered into as of the 15th day of October, 2012 ("Effective Date"), by and between Greensky Trade Credit, LLC, a Georgia limited liability company ("Greensky"), and Comdata Network, Inc., a Maryland corporation ("Comdata").

Amendment No. 2 to Amended and Restated Walmart Moneycard Program Agreement (February 27th, 2018)

This Amendment No.2 to the Amended and Restated Walmart MoneyCard Program Agreement ("Amendment") is made as of June 20, 2016 ("Amendment Effective Date") by and among Wal-Mart Stores, Inc., a Delaware corporation, Wal-Mart Stores Texas L.L.C., a Delaware limited liability company, Wal-Mart Louisiana, LLC, a Delaware limited liability company, Wal-Mart Stores Arkansas, LLC, an Arkansas limited liability company, Wal-Mart Stores East, L.P., a Delaware limited partnership and Wal-Mart Puerto Rico, Inc., a Puerto Rico corporation (each of the foregoing entities, individually and collectively, "Retailer"), (2) Green Dot Corporation ("GDC" or "Green Dot"), a Delaware corporation, and (3) Green Dot Bank, a Utah chartered Fed member bank and wholly owned subsidiary of GDC ("Bank"). Each of the foregoing parties is sometimes referred to herein as "Party," and collectively they are referred to as the "Parties."

Amendment No.4 to Amended and Restated Walmart Money Card Program Agreement (February 27th, 2018)

This Amendment No.4 to the Amended and Restated Walmart MoneyCard Program Agreement (this "Amendment") is made as of September 15, 2017 ("Amendment Effective Date") by and among Wal-Mart Stores, Inc., a Delaware corporation, Wal-Mart Stores Texas L.L.C., a Delaware limited liability company, Wal-Mart Louisiana, LLC, a Delaware limited liability company, Wal Mart Stores Arkansas, LLC, an Arkansas limited liability company, Wal-Mart Stores East, L.P., a Delaware limited partnership and Wal-Mart Puerto Rico, Inc., a Puerto Rico corporation (each of the foregoing entities, individually and collectively, "Retailer"), (2) Green Dot Corporation ("GDC" or "Green Dot"), a Delaware corporation, and (3) Green Dot Bank, a Utah chartered Fed member bank and wholly owned subsidiary of GDC ("Bank"). Each of the foregoing parties is sometimes referred to herein as "Party," and collectively they are referred to as the "Parties."

Amendment No. 1 to Amended and Restated Walmart Moneycard Program Agreement (February 27th, 2018)

This Amendment No. 1 to the Amended and Restated Walmart MoneyCard Program Agreement ("Amendment") is made as of May 2, 2016 ("Amendment Effective Date"), by and among Wal-Mart Stores, Inc., a Delaware corporation, Wal-Mart Stores Texas L.L.C., a Delaware limited liability company, Wal-Mart Louisiana, LLC, a Delaware limited liability company, Wal-Mart Stores Arkansas, LLC, an Arkansas limited liability company, Wal-Mart Stores East, L.P., a Delaware limited partnership and Wal-Mart Puerto Rico, Inc., a Puerto Rico corporation (each of the foregoing entities, individually and collectively, "Retailer"), (2) Green Dot Corporation ("GDC" or "Green Dot"), a Delaware corporation, and (3) Green Dot Bank, a Utah chartered Fed member bank and wholly owned subsidiary of GDC ("Bank"). Each of the foregoing parties is sometimes referred to herein as "Party," and collectively they are referred to as the "Parties."

Amendment No. 3 to Amended and Restated Walmart Money Card Program Agreement (February 27th, 2018)

This Amendment No. 3 to the Amended and Restated Walmart MoneyCard Program Agreement ("Amendment") is made as of August 1, 2017 ("Amendment Effective Date") by and among Wal-Mart Stores, Inc., a Delaware corporation, Wal-Mart Stores Texas L.L.C., a Delaware limited liability company, Wal-Mart Louisiana, LLC, a Delaware limited liability company, Wal-Mart Stores Arkansas, LLC, an Arkansas limited liability company, Wal-Mart Stores East, L.P., a Delaware limited partnership and Wal-Mart Puerto Rico, Inc., a Puerto Rico corporation (each of the foregoing entities, individually and collectively, "Retailer"), (2) Green Dot Corporation ("GDC" or "Green Dot"), a Delaware corporation, and (3) Green Dot Bank, a Utah chartered Fed member bank and wholly owned subsidiary of GDC ("Bank"). Each of the foregoing parties is sometimes referred to herein as "Party," and collectively they are referred to as the "Parties."

Master Program Agreement Between Fuji Xerox Co., Ltd. And Xerox Corporation Confidential (January 31st, 2018)

This Master Program Agreement (MPA) is made and entered into as of September 9, 2013 (the Effective Date) by and between Xerox Corporation (XC or Xerox), a New York corporation with a place of business at 800 Phillips Rd. Webster, New York 14580, U.S.A and Fuji Xerox Co., Ltd. (FX) with a place of business at 9-7-3, Akasaka, Minato-ku, Tokyo 107-0052, Japan.

GreenSky, Inc. – Certain Confidential Material Appearing in This Document, Marked by [*****] Has Been Omitted and Filed Separately With the Securities and Exchange Commission Pursuant to Rule 406 Promulgated Under the Securities Act of 1933, as Amended Amended and Restated Co-Branded Mastercard Card Program Agreement (November 16th, 2017)

THIS AMENDED AND RESTATED CO-BRANDED MASTERCARD CARD PROGRAM AGREEMENT ("Agreement") is made and entered into as of the 15th day of October, 2012 ("Effective Date"), by and between Greensky Trade Credit, LLC, a Georgia limited liability company ("Greensky"), and Comdata Network, Inc., a Maryland corporation ("Comdata").

Alarm.com Holdings, Inc. – Fourth Amendment to the ALARM.COM Dealer Program Agreement Between ALARM.COM Incorporated and Moni Smart Security (November 9th, 2017)

THIS FOURTH AMENDMENT (the "Amendment") by and betweenAlarm.com Incorporated, a company with its principal place of business at 8281 Greensboro Dr., Suite 100, McLean, VA 22102 ("Alarm.com"), and Monitronics International, Inc. a Texas company at 1990 Wittington Pl., Farmers Branch, TX 75234 ("MONI"), hereby amends the October 22, 2007 Alarm.com Agreement ("Agreement"), as amended, by and between MONI and Alarm.com. In the event of a conflict between any provisions of the Agreement, as amended, and this Amendment, the provisions of this Amendment shall prevail. Capitalized terms used herein without definition have the meanings assigned to them in the Agreement.

Elevate Credit, Inc. – Program Agreement Between Credit Services Organization and Third-Party Lender (October 5th, 2017)

THIS PROGRAM AGREEMENT (as may be amended, modified or restated from time to time, this "Agreement") is entered into by and between INTEGRITY FUNDING OHIO LLC, a Delaware limited liability company ("Lender"), and RISE CREDIT SERVICE OF OHIO, LLC a Delaware limited liability company ("CSO"), on the dates set forth with the respective signatures, but effective September 29, 2017 ("Effective Date").

GreenSky, Inc. – CERTAIN CONFIDENTIAL MATERIAL APPEARING IN THIS DOCUMENT, MARKED BY [*****] HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED AMENDED AND RESTATED CO-BRANDED MASTERCARD CARD PROGRAM AGREEMENT (September 22nd, 2017)

THIS AMENDED AND RESTATED CO-BRANDED MASTERCARD CARD PROGRAM AGREEMENT ("Agreement") is made and entered into as of the 15th day of October, 2012 ("Effective Date"), by and between Greensky Trade Credit, LLC, a Georgia limited liability company ("Greensky"), and Comdata Network, Inc., a Maryland corporation ("Comdata").

At Home Group Inc. – First Amendment to Program Agreement (July 13th, 2017)

This First Amendment (this First Amendment) is made as of July 7, 2017 (the First Amendment Execution Date) to the Co-Brand and Private Label Consumer Credit Card Program Agreement between Synchrony Bank, a federal savings bank (Bank) and At Home Stores LLC, a Delaware limited liability company (Company), dated September 7, 2016 (the Agreement). All capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement.

Mutualfirst Financial Inc. – AMENDED AND RESTATED DIRECTOR SHAREHOLDER BENEFIT PROGRAM AGREEMENT FOR JERRY McVICKER (March 16th, 2017)

This Amended and Restated Director Shareholder Benefit Program Agreement (the "Agreement"), effective as of the 22nd day of December 2016, amends and restates the Director Shareholder Benefit Program Agreement originally dated September 1, 2000 and last amended October 20, 2010 (the "Prior Agreement") between MUTUALBANK (f/k/a Mutual Federal Savings Bank), an Indiana commercial bank (the "Bank"), and Jerry McVicker (hereinafter referred to as "Director"). Any reference herein to the "Company" shall mean MutualFirst Financial, Inc., the holding company of the Bank.

JBS Foods International B.V. – Cattle Supply and Feeding Incentive Program Agreement (December 5th, 2016)
AMENDED AND RESTATED CO-BRAND AND PRIVATE LABEL CREDIT CARD CONSUMER PROGRAM AGREEMENT by and Between STEIN MART, INC. And SYNCHRONY BANK DATED AS OF February 24, 2016 in This Document, [***] Indicates That Confidential Materials Have Been Redacted From This Document and Filed Separately With the Securities and Exchange Commission. (August 23rd, 2016)

This AMENDED AND RESTATED CO-BRAND AND PRIVATE LABEL CREDIT CARD CONSUMER PROGRAM AGREEMENT (the Agreement) is made as of February 24, 2016 by and between Stein Mart, Inc. (Retailer), with its principal place of business at 1200 Riverplace Boulevard, Jacksonville, FL, 32207, and Synchrony Bank with its principal place of business at 170 West Election Drive, Suite 125, Draper, Utah 84020 (Bank). Certain capitalized terms used in this Agreement are defined in the attached Appendix A.

JBS Foods International Designated Activity Co – Cattle Supply and Feeding Incentive Program Agreement (August 5th, 2016)
AMENDED AND RESTATED CO-BRAND AND PRIVATE LABEL CREDIT CARD CONSUMER PROGRAM AGREEMENT by and Between STEIN MART, INC. (June 7th, 2016)

This AMENDED AND RESTATED CO-BRAND AND PRIVATE LABEL CREDIT CARD CONSUMER PROGRAM AGREEMENT (the Agreement) is made as of February 24, 2016 by and between Stein Mart, Inc. (Retailer), with its principal place of business at 1200 Riverplace Boulevard, Jacksonville, FL, 32207, and Synchrony Bank with its principal place of business at 170 West Election Drive, Suite 125, Draper, Utah 84020 (Bank). Certain capitalized terms used in this Agreement are defined in the attached Appendix A.

Amended and Restated Program Agreement (February 9th, 2016)

This Amended and Restated Program Agreement (this "Amended Agreement") is dated as of November 14, 2014 and amends and restates the Program Agreement dated as of March 31, 2014 by and among Element Financial Corp., a Delaware corporation with a principal place of business at 655 Business Center Drive, Horsham, PA 19044 ("Financing Party"), and Celadon Group, Inc., a Delaware Corporation and Quality Equipment Leasing, LLC., a Delaware limited liability company, with a principal place of business at 9503 E. 33rd Street, Indianapolis, IN 46235 (hereinafter collectively, "Company") . The Effective Date of this Amended Agreement and the terms and conditions herein shall be March 31, 2014.

Management Insurance Program Agreement (February 5th, 2016)

WHEREAS, The Compensation Committee of the Board of Directors of the Company has selected the Employee to participate in the Company's Management Insurance Program.

SECOND AMENDMENT TO RETAILER PROGRAM AGREEMENT (Select Comfort) (November 12th, 2015)

THIS SECOND AMENDMENT TO RETAILER PROGRAM AGREEMENT (this "Amendment") is effective as of November 4, 2015, and amends that certain Retailer Program Agreement, made as of January 1, 2014 (as amended, modified and supplemented from time to time, the "Agreement"), by and between Synchrony Bank ("Bank") and Select Comfort Corporation ("Select Comfort") and Select Comfort Retail Corporation ("SCRC" and collectively with Select Comfort, "Retailer"). Capitalized terms used herein and not otherwise defined have the meanings given them in the Agreement.

Elevate Credit, Inc. – Program Agreement Between Credit Services Organization and Third-Party Lender (November 9th, 2015)

THIS PROGRAM AGREEMENT (as may be amended, modified or restated from time to time, this Agreement) is entered into by and between Sentral Financial LLC, a Delaware limited liability company (Lender), and RISE CREDIT SERVICE OF OHIO, fka Payday One Express of Ohio, LLC, fka Payday One of South Carolina, a(n) Delaware limited liability company (CSO), on the dates set forth with the respective signatures, but effective June 26, 2015 (Effective Date).

Fleet Program Agreement (November 9th, 2015)
Program Agreement (November 9th, 2015)

This Program Agreement (this "Agreement") is entered into as of September 28, 2015, by and between 19th Capital Group, LLC, a Delaware limited liability company with a principal place of business at 353 West Lancaster Avenue, Suite 300, Wayne, Pennsylvania 19087 ("Financing Party"), and Quality Companies, LLC, formerly dba Quality Equipment Sales, an Indiana limited liability company, and Quality Equipment Leasing, LLC, dba Quality Equipment Sales, a Delaware limited liability company, with a principal place of business located at 9702 E. 30th Street, Indianapolis, IN 46229 (hereinafter collectively "Company").