Neiman Marcus 2009 Annual Report Download - page 311

subject to any confidentiality obligations on the part of either Party) features, terms, conditions and other aspects of other Comparable
Partner Programs and Competing Partner Programs in order to identify marketplace developments for possible inclusion in the
Program to ensure that the Program remains Competitive. If the Management Committee determines that a change to the Program
may be required, the NMG Companies and Bank shall jointly develop a plan with respect to implementation of such change in
accordance with Applicable Law, including the impact the proposed change would have, if any, on the Program economics in
Section 9.1(a), including the Risk Adjusted Margin, Post MP RAM and Profit Sharing Post MP RAM, and shall present such plan to
the Management Committee for its review and decision. The Management Committee shall decide whether to test or launch any such
Program changes for Cardholders or potential Cardholders.
(c) Each Marketing Plan shall outline, for each NMG Channel, all programs, to the extent established and
mutually agreed upon by the NMG Companies and Bank, and shall include at least the following information for each program:
(i) description of offer(s), cost per unit, expected response rate and other performance projections
with respect thereto;
(ii) description of target audience;
(iii) planned budget, specifying Bank's share and the NMG Companies' share, if any;
(iv) distribution among the NMG Channels and types of Accounts; and
(v) target implementation date (e.g., mailing dates, calling dates, delivery dates).
(d) Each Marketing Plan shall address development of Solicitation Materials and Account Documentation;
new Account acquisition strategies, including direct mailing; preparation of unique collateral materials for the NMG Companies'
employees; activation, retention and usage; statement design and messaging; advertising of the Program; and such other marketing
matters as the Parties shall agree to.
(e) Each Marketing Plan shall specify which Party is responsible for each Marketing Plan item and shall
contain a budget specifying the Parties' financial responsibilities during the applicable Fiscal Season.
(f) Any Marketing Plan may be modified or supplemented by the Parties from time to time upon mutual
agreement, provided such modifications or supplements, as the case may be, are approved by the Management Committee.
(g) To the extent practicable, all significant marketing initiatives developed under this Agreement shall
contain unique marketing source codes to facilitate post-marketing research and analysis.
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