Neiman Marcus 2008 Annual Report Download - page 581

(b) The initial Risk Management Policies to be in effect as of the Effective Date are contained in the initial Operating
Procedures. Each Party may propose modifications of any aspect of the Risk Management Policies, which modifications shall be made
only upon approval in accordance with Article III.
(c) If the approval rate targets and other metrics referred to in Schedule 4.6(c) are not met and the credit profile of Account
applicants has not adversely changed from that specified in Schedule 4.6(c), then Bank shall have thirty (30) days to modify the Risk
Management Policies or otherwise adjust its practices to achieve such targets. If Bank does not make any such adjustments, or if such
adjustments fail to result in all approval rate targets and other metrics once again being met by the 90th day after the implementation of
such adjustments, the NMG Companies shall have the right to terminate this Agreement pursuant to Section 15.2(h).
(d) The Parties shall each perform all commercially reasonable security functions in accordance with the Risk Management
Policies to minimize fraud in the Program due to lost, stolen or counterfeit cards and fraudulent applications. The Parties each agree to
use commercially reasonable efforts to cooperate with each other in such functions.
4.7 Cardholder Terms.
(a) The terms and conditions of all Purchased Accounts shall be the terms and conditions applicable to the Account type
immediately prior to the Effective Date, including the terms and conditions set forth on Schedule 4.7, provided that, at the request of
NMG, the Parties shall take such actions in accordance with this Agreement as may be required to convert the Accounts specified in
Schedule 4.7 to the new terms and conditions specified in Schedule 3.2(e). Additional changes to the terms and conditions of the
Accounts may be made only in accordance with Article III.
(b) The account numbers and BINs of all Purchased Accounts shall remain the same after the Effective Date.
4.8 Internet Services.
(a) Cardholder Website. Bank shall develop and maintain an NMG-branded website for Cardholders and potential Cardholders
to be effective as of the Systems Transition Date, with the look and feel consistent with the NMG Companies' websites ("Program
Website"). The Program Website shall be accessed solely by means of links from the NMG Companies' websites and shall contain or
otherwise be associated with only such material and links as shall be agreed by the Management Committee from time to time. The
NMG Companies will provide such links on (i) their home pages, (ii) their check-out pages, and (iii) such other pages as the
Management Committee shall determine from time to time. The Program Website shall also include links back to the NMG
Companies' websites, on the Program Website home page and such other pages as the Management Committee shall determine from
time to time. The Program Website shall include the following functions, and such other functions as may be approved by the
Management Committee from time to time (the Program Website and such functionality, collectively, the "Internet Services").
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