Neiman Marcus 2009 Annual Report Download - page 306

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").
(b) Applications. The Program Website shall permit potential Cardholders to access an Application, to
complete and submit the Application online and receive real-time approvals or denials of such Application in accordance with the
Risk Management Policies and Operating Procedures. Without limiting the foregoing, the Application function on the Program
Website shall have at a minimum all features and functionality available prior to the Effective Date.
(c) Cardholder Customer Service. The Program Website shall permit Cardholders to (A) view the
Cardholder's Account information and electronic forms of Billing Statements (including any Loyalty Program information, NMG
Transaction information, and all other information contained in such Billing Statement); and (B) make payments on the Cardholder's
Account via automated clearing house transfer or other payment mechanism.
(d) Performance Standards. Bank shall provide the Internet Services consistent with the SLAs set forth on
Schedule 4.8(d) and in accordance with industry standards.
(e) Customer Privacy. Bank shall ensure that the Privacy Policy is clearly and prominently posted on the
pages of the Program Website.
(f) Internet Services Representations and Warranties. Bank represents and warrants during the Term of this
Agreement that: (i) the Program Website is solely under Bank's control (subject to the NMG Companies' rights under
this Agreement); and
(ii) Bank has the license, right or privilege to use the hardware, software and content acquired from
third parties for use in the Internet Services, and that it is the owner of all other hardware, software and
content used in the Internet Services and that neither the Internet Services as a whole, nor any part thereof,
infringes upon or violates any patent, copyright, trade secret, trademark, invention, proprietary information,
nondisclosure or other rights of any third party.
4.9 Sales Taxes. NMG and its Subsidiaries shall pay when due any sales taxes relating to the sale of NMG Goods
and Services. To the extent permitted by the Applicable Law of the relevant states, NMG shall use commercially reasonable efforts to
recover sales taxes charged to any Account that has been written off by Bank. Bank shall notify the NMG Companies of any amounts
written-off on Accounts by Bank, identified by Account, and shall sign such forms and provide any such other information as
requested by NMG to enable the NMG Companies to pursue any such recoveries. NMG shall pay to Bank an amount equal to
recovered sales taxes. To the extent Bank is permitted by Applicable Law to directly recover sales taxes charged to any Account
written off by Bank, the NMG Companies shall sign such forms and provide any such other information as reasonably requested by
Bank to enable Bank
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