Neiman Marcus 2008 Annual Report Download - page 588

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 Year.
(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.
ARTICLE VI
CARDHOLDER INFORMATION
6.1 Customer Information.
(a) All sharing, use and disclosure of Cardholder Data and NMG Shopper Data under this Agreement shall be subject to the
provisions of this Article VI. The Parties acknowledge that the same or similar information may be contained in the Cardholder Data,
the NMG Shopper Data, and other data and that each such pool of data shall therefore be considered separate information subject to
the specific provisions applicable to that data hereunder.
(b) NMG and Bank shall each maintain an information security program that is designed to meet all requirements of Applicable
Law, including, at a minimum, maintenance of an information security program that is designed to: (i) ensure the security and
confidentiality of the Cardholder Data and the NMG Shopper Data; (ii) protect against any anticipated threats or hazards to the
security or integrity of the Cardholder Data and the NMG Shopper Data; (iii) protect against unauthorized access to or use of the
Cardholder Data and the NMG Shopper Data; and (iv) ensure the proper disposal of Cardholder Data and NMG Shopper Data.
Additionally, such security measures shall meet current industry standards and shall be at least as protective as those used by each
Party to protect its other confidential customer information. Each Party shall use the same degree of care in protecting the Cardholder
Data and the NMG Shopper Data against unauthorized disclosure as it accords to its own confidential customer information, but in no
event less than a reasonable standard of care. In particular, Bank shall treat NMG Shopper Data as if it were "customer information"
for purposes of the regulations above. In the event a Party becomes aware of any unauthorized use of or access to Cardholder Data,
such Party shall immediately notify the other Party and shall cooperate with such other Party, as it deems necessary or as required by
Applicable Law, (x) to assess the nature and scope of such incident, (y) to contain and control such incident to prevent further
unauthorized access to or use of Cardholder Data, and (z) to provide prompt notice to affected Cardholders to the extent required by
Applicable Law or otherwise with the approval of the Management
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