Neiman Marcus 2009 Annual Report Download - page 249

7.4 Credit Systems 71
7.5 Systems Interface; Technical Support 72
ARTICLE VIII MERCHANT SERVICES 72
8.1 Transmittal and Authorization of NMG Charge Transaction Data 72
8.2 POS Terminals 73
8.3 In-Store Payments 73
8.4 Settlement Procedures 73
8.5 Bank's Right to Charge Back 74
8.6 Exercise of Chargeback 75
8.7 No Merchant Acquirer/Processor Fees 75
ARTICLE IX PROGRAM ECONOMICS 76
9.1 NMG Compensation 76
9.2 Dispute Resolution 77
ARTICLE X INTELLECTUAL PROPERTY 77
10.1 The NMG Licensed Marks 77
10.2 The Bank Licensed Marks 79
10.3 Intellectual Property 80
ARTICLE XI REPRESENTATIONS, WARRANTIES AND COVENANTS 81
11.1 General Representations and Warranties of NMG 81
11.2 General Representations and Warranties of the Bank Companies 83
11.3 No other Representations or Warranties 85
11.4 General Covenants of the NMG Companies 86
11.5 General Covenants of the Bank Companies 87
ARTICLE XII ACCESS, AUDIT AND DISPUTE RESOLUTION 88
12.1 Access Rights 88
12.2 Audit Rights 88
12.3 Accounting Dispute Resolution 89
12.4 Dispute Resolution 90
ARTICLE XIII CONFIDENTIALITY 92
13.1 General Confidentiality 92
13.2 Use and Disclosure of Confidential Information 93
13.3 Unauthorized Use or Disclosure of Confidential Information 93
13.4 Return or Destruction of Confidential Information 94
ARTICLE XIV RETAIL PORTFOLIO ACQUISITIONS 94
14.1 Retailer that Operates a Credit Card Business 94
14.2 Retailer that has a Credit Card with another Issuer 95
14.3 Retailer that has a Credit Card with Bank 95
14.4 Co-Branded Credit Card 95
14.5 Conversion of Purchased Accounts 96
14.6 No Other NMG Obligations 96
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