Program Agreement Sample Contracts

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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").

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").

loanDepot, Inc. – [***] Confidential Portions of This Document Have Been Redacted and Filed Separately With the Commission. LOAN PROGRAM AGREEMENT (October 8th, 2015)

THIS LOAN PROGRAM AGREEMENT (the Agreement) is made and entered into as of this 6th day of May, 2015 (Effective Date), by and between CROSS RIVER BANK, a federally insured New Jersey state-chartered bank with its home office at 885 Teaneck Road, Teaneck, New Jersey, 07666 (hereinafter referred to as Bank) and loanDepot.com. LLC, with an office at 26642 Towne Centre Drive, Foothill Ranch, California 92610 (hereinafter referred to as Company).

Elevate Credit, Inc. – Program Agreement Between Credit Services Organization and Third-Party Lender (October 6th, 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).

Electro Rent Corporation – Amendment #10 to Authorized Technology Partner Program Agreement No. ANT76 by and Between Electro Rent Corporation ("Electro Rent") and Keysight Technologies, Inc. ("Keysight") (August 13th, 2015)

This Amendment to the above referenced Program Agreement No. ANT76 ("Agreement") is executed by and between Keysight Technologies, Inc. ("Keysight") and Electro Rent Corporation ("ER") effective the 2nd day of June, 2014 (the "Effective Date").

Electro Rent Corporation – Amendment #9 to Authorized Technology Partner Program Agreement No. ANT76 by and Between Electro Rent Corporation ("Electro Rent") and Keysight Technologies, Inc. ("Keysight") (August 13th, 2015)

This Amendment to the above referenced Program Agreement No. ANT76 ("Agreement") is executed by and between Keysight Technologies, Inc. ("Keysight") and Electro Rent Corporation ("Electro Rent") effective the 1st day of June, 2014 (the "Effective Date").

Amended and Restated Walmart Moneycard Program Agreement (August 10th, 2015)

This AMENDED AND RESTATED WALMART MONEYCARD AGREEMENT, including any Schedules and Exhibits hereto (collectively, this "Agreement") is entered into as of the Effective Date, by and among (1) 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"). GDC, Bank and Retailer may be referred to herein individually as "Party" and collectively as the "Parties."

Alarm.com Holdings, Inc. – ALARM.COM Dealer Program Agreement (June 19th, 2015)

This Dealer Program Agreement (Agreement) is entered into by and between ALARM.COM INCORPORATED (Alarm.com), a Delaware corporation with its principal place of business at 1861 International Drive, McLean, Virginia 22102, and MONITRONICS FUNDING LP (Monitronics), a Delaware limited partnership with its principal place of business at 2350 Valley View, Suite 100, Dallas, Texas 75234-5736, (Monitronics which definition shall include its permitted assignees), effective as of the date on which Alarm.com signs the Agreement (Effective Date).

Alarm.com Holdings, Inc. – ALARM.COM Dealer Program Agreement (May 22nd, 2015)

This Dealer Program Agreement (Agreement) is entered into by and between ALARM.COM INCORPORATED (Alarm.com), a Delaware corporation with its principal place of business at 1861 International Drive, McLean, Virginia 22102, and MONITRONICS FUNDING LP (Monitronics), a Delaware limited partnership with its principal place of business at 2350 Valley View, Suite 100, Dallas, Texas 75234-5736, (Monitronics which definition shall include its permitted assignees), effective as of the date on which Alarm.com signs the Agreement (Effective Date).

Recipient Name: [Name] Company: Apache Corporation Notice: A Summary of the Terms of Conditional Grants of Restricted Stock Units (RSUs) Under the 2015 Performance Share Program Is Set Out in This Notice (The Award Notice) but Subject Always to the Terms of the Apache Corporation 2011 Omnibus Equity Compensation Plan (The Plan) and the 2015 Performance Share Program Agreement (The Agreement). In the Event of Any Inconsistency Between the Terms of This Award Notice, the Terms of the Plan and the Agreement, the Terms of the Plan and the Agreement Shall Prevail. Selected Eligible Persons Have Bee (May 8th, 2015)

This 2015 Performance Share Program Agreement (the Agreement) relating to a conditional grant of Restricted Stock Units (as defined in the rules of the Apache Corporation 2011 Omnibus Equity Compensation Plan (the Plan) (the Conditional Grant), dated as of the Grant Date set forth in the Notice of Award under the 2015 Performance Share Program attached as Schedule A hereto (the Award Notice), is made between Apache Corporation (together with its Affiliates, the Company) and each Recipient. The Award Notice is included in and made part of this Agreement.

Alarm.com Holdings, Inc. – ALARM.COM Dealer Program Agreement (April 23rd, 2015)

This Dealer Program Agreement (Agreement) is entered into by and between ALARM.COM INCORPORATED (Alarm.com), a Delaware corporation with its principal place of business at 1861 International Drive, McLean, Virginia 22102, and MONITRONICS FUNDING LP (Monitronics), a Delaware limited partnership with its principal place of business at 2350 Valley View, Suite 100, Dallas, Texas 75234-5736, (Monitronics which definition shall include its permitted assignees), effective as of the date on which Alarm.com signs the Agreement (Effective Date).

Electro Rent Corporation – Amendment #8 to Authorized Technology Partner Program Agreement No. ANT76 by and Between Electro Rent Corporation ("Electro Rent") and Keysight Technologies, Inc. ("Keysight") (April 9th, 2015)

This Amendment to the above referenced Program Agreement ("Agreement") is executed by and between Keysight Technologies, Inc. ("Keysight") and Electro Rent Corporation ("Electro Rent") effective the 1st day of June 2014 (the "Effective Date").

Electro Rent Corporation – Amendment #7 to Authorized Technology Partner Program Agreement No. ANT76 by and Between Electro Rent Corporation ("Electro Rent") and Keysight Technologies, Inc. ("Keysight") With an Effective Date of November 1, 2014 (April 9th, 2015)

This Amendment to the above referenced Program Agreement ("Agreement") is executed by and between Keysight Technologies, Inc. ("Keysight") and Electro Rent Corporation ("Electro Rent") effective the 1st day of December 2009 (the "Effective Date").

Extension Amendment to Walmart Moneycard Program Agreement (March 2nd, 2015)

This Extension Amendment to Walmart MoneyCard Program Agreement ("Amendment") is made as of December 16, 2014 ("Amendment Effective Date") by and among (1) Wal-Mart Stores, Inc., Wal-Mart Stores Texas L.L.C., as the successor to Wal-Mart Stores Texas, L.P., Wal-Mart Louisiana, LLC, Wal-Mart Stores Arkansas, LLC, Wal-Mart Puerto Rico, Inc. and Wal-Mart Stores East, L.P., (each of the foregoing, individually and collectively, "Retailer"), (2) Green Dot Bank ("Bank"), and (3) Green Dot Corporation ("Green Dot"). Each of the foregoing parties is sometimes referred to herein as "Party," and collectively they are referred to as the "Parties."

Master Private Loan Program Agreement (February 27th, 2015)

This Master Private Loan Program Agreement dated as of December 22, 2014 (the "Master Agreement") is by and between Union Bank and Trust Company, a Nebraska state banking corporation ("Union Bank"), and Nelnet, Inc., a Nebraska corporation, and its affiliates (collectively, "Nelnet").

Confidential Materials Omitted and Filed Separately With the Securities and Exchange Commission. Double Asterisks Denote Omissions. SIXTEENTH AMENDMENT TO LOAN PROGRAM AGREEMENT (February 9th, 2015)

This Sixteenth Amendment to Loan Program Agreement (the Sixteenth Amendment) is entered into and is effective as of November 10, 2014 (the Sixteenth Amendment Effective Date), except as otherwise stated herein, by and among First Marblehead Education Resources, Inc., a Delaware corporation having its principal offices at One Cabot Road, Medford, Massachusetts 02155 (FMER), The First Marblehead Corporation, a Delaware corporation having its principal offices at 800 Boylston Street, 34th Floor, Boston, Massachusetts 02199 (FMC), and SunTrust Bank, a Georgia state-chartered banking corporation having an office located at 1001 Semmes Avenue, Richmond, Virginia 23224 (SunTrust). Capitalized terms used in this Sixteenth Amendment without definition have the meanings assigned to them in the Agreement (as defined below).

Innovative Food Holdings – US FOODS NATIONAL - VENDOR PROGRAM AGREEMENT USF Company Vendor: 59674 - FOOD INNOVATIONS INC Vendor Affiliate Name: FOOD INNOVATIONS INC Vendor Partnership Program: 4162 - Published Vendor Contact Information Program Information Name: FOOD INNOVATIONS, INC. Address: 28411 RACE TRACK ROAD BONITA SPRINGS, FL 34135 Agreement Start Date: 01/01/2015 End Date: 12/31/2016 Deduction Billing Cycle: Weekly Th Purchasing Program (Volume Based*) " Marketing Program (Volume Based*) " Order Date Last Order Date: " Growth Program (Volume Based*) (Specifics Documented in Contract Notes.) " Special Promotiona (January 29th, 2015)

The parties acknowledge that in the calculation of the promotional allowances as set forth on Exhibit B herein, all contractual obligations of Vendor and USF which restrict or limit the payment of promotional allowances have been considered and taken into account. The promotional allowances shall be reviewed by the parties in November, 30, and renegotiated annually thereafter; however, such promotional allowances shall be in effect until the parties agree to any modifications. This VPA may renew annually for an additional 12-month term unless either party notifies the other in writing 30 days prior to the End Date of its intent not to renew, but in no event shall the term of this agreement exceed five years from the start date.

Electro Rent Corporation – Amendment #6 to Authorized Technology Partner Program Agreement No. ANT76 by and Between Electro Rent Corporation ("Electro Rent") and Keysight Technologies, Inc. ("Keysight") With an Effective Date of November 1, 2014 (January 16th, 2015)

This Amendment to the above referenced Program Agreement ("Agreement") is executed by and between Keysight Technologies, Inc. ("Keysight") and Electro Rent Corporation ("Electro Rent") effective the 1st day of December 2009 (the "Effective Date").

LendingClub Corp – Confidential Treatment Requested Confidential Materials Omitted and Filed Separately With the Securities and Exchange Commission. Asterisks Denote Omissions. WEBBANK and LENDINGCLUB CORPORATION SECOND AMENDED AND RESTATED LOAN ACCOUNT PROGRAM AGREEMENT Dated as of February 28, 2014 (December 4th, 2014)

This SECOND AMENDED AND RESTATED LOAN ACCOUNT PROGRAM AGREEMENT (this Agreement), dated as of February 28, 2014 (Effective Date), is made by and between WEBBANK, a Utah-chartered industrial bank having its principal location in Salt Lake City, Utah (Bank), and LENDINGCLUB CORPORATION, a Delaware corporation, having its principal location in San Francisco, California (Company).

Idaho North Resources Corp. – Exploration Program Agreement (November 14th, 2014)

THIS EXPLORATION PROGRAM AGREEMENT (this "Agreement") is made and entered into effective as of the 11th day of March, 2014 (the "Effective Date") by and between Coeur Explorations, Inc., an Idaho corporation ("Coeur"), and Idaho North Resources Corporation, an Idaho corporation authorized to conduct business in the state of Nevada ("IDAH"). Coeur and IDAH are sometimes collectively referred to herein as the "Parties" and individually as a "Party."

2014 Annual Bonus Program Agreement (November 10th, 2014)

This Annual Bonus Program Agreement (this Agreement) is made and entered into effective as of November 4, 2014 (the Effective Date), between Dendreon Corporation (the Company), and Greg Cox (Employee).

Green Dot Everyday-Branded Additional Card Amendment to Walmart Moneycard Program Agreement (November 7th, 2014)

This Green Dot Everyday-Branded Card Additional Card Amendment to Walmart MoneyCard Program Agreement ("Amendment") is made as of June 1, 2014 ("Amendment Effective Date") by and among (1) Wal-Mart Stores, Inc., Wal-Mart Stores Texas L.L.C., as the successor to Wal-Mart Stores Texas, L.P., Wal-Mart Louisiana, LLC, Wal-Mart Stores Arkansas, LLC, Wal-Mart Puerto Rico, Inc. and Wal-Mart Stores East, L.P., (each of the foregoing, individually and collectively, "Retailer"), (2) Green Dot Bank ("Bank"), and (3) Green Dot Corporation ("Green Dot"). Each of the foregoing parties is sometimes referred to herein as "Party," and collectively they are referred to as the "Parties."

Gobank Amendment to Walmart Moneycard Program Agreement (November 7th, 2014)

This GoBank Amendment to Walmart MoneyCard Program Agreement ("Amendment") is made as of August 23, 2014 ("Amendment Effective Date) by and among (1) Wal-Mart Stores, Inc., Wal-Mart Stores Texas L.L.C., as the successor to Wal-Mart Stores Texas. L.P Wal-Mart Louisiana, LLC, Wal-Mart Stores Arkansas, LLC, Wal-Mart Puerto Rico, Inc. and Wal-Mart Stores East, L.P., (each of the foregoing, individually and collectively, -Retailer"), (2) Green Dot Bank ("Bank"), and (3) Green Dot Corporation ("Green Dot"). Each of the foregoing parties is sometimes referred to herein as "Party," and collectively they are referred to as the "Parties."

Financing Program Agreement (October 16th, 2014)

This FINANCING PROGRAM AGREEMENT (as amended, modified, restated or replaced from time to time, this Agreement) is entered into as of February 20, 2009 (Effective Date) by ITT EDUCATIONAL SERVICES, INC., a Delaware corporation, on behalf of itself and its Affiliates and subsidiaries (ITT ESI) and STUDENT CU CONNECT CUSO, LLC, a Delaware limited liability company operating as a credit union service organization (the CUSO).