LOYALTY, AWARD, OR PROMOTIONAL CARD

Samsung Rewards Cardholder Agreement

CUSTOMER SERVICE CONTACT INFORMATION: Address: Netspend, PO Box 2136, Austin, TX 78768-2136 Phone Number: 800-269-3748

IMPORTANT NOTICES: This Card has been issued for loyalty/award/promotional purposes pursuant to a conditional offer and is not a gift card

Please read carefully. This agreement contains an Arbitration Clause requiring all claims to be resolved by way of binding arbitration.

Always know the exact dollar amount available on your card. Merchants may not have access to determine your card balance.

If you do not agree to these terms, do not use the Card and cancel the Card by calling Customer Service. Any refunds or exchanges are subject to the policy of the Corporate Sponsor.

Fees and Expiration

Maintenance Fee: $5.95 per month. Subject to applicable law, beginning the 270 consecutive day after there has been no activity on your Card, a monthly maintenance fee will be assessed to your Card as long as there are funds remaining and no activity occurs.  Such fees may diminish the Card balance before the "valid thru" date on the front of the Card. You may avoid this fee by using your Card at least once every 270 days. Although your Card may have an expiration date, the funds on your Card do not expire.

Check Request Fee: $5.95 for processing and mailing of a return of funds check at Card closure. Refund checks are not issued for balances of less than $1.00. If your Card balance will be reduced to less than $1.00 after the Check Request Fee is debited, the Check Request Fee will be waived. Please allow 7-10 business days for delivery.

This Cardholder Agreement ("Agreement") sets forth the terms and conditions under which a Samsung Rewards Card ("Card") has been issued to you by MetaBank®, National Association and provisioned in your Eligible Device. "Eligible Device" means a Samsung mobile phone, tablet or other Samsung device with the current version of Samsung Pay installed. "Samsung" refers to Samsung Electronics Co., Ltd. and/or its subsidiaries and affiliates. "Samsung ID" means the unique log in credentials used to access Samsung Pay. "Samsung Account" means the integrated membership service made available by Samsung which enables you to use Samsung services on smartphones, tablets, websites and other devices. "Samsung Pay" means the mobile application, mobile payment service and digital wallet service offered by Samsung. The Samsung Account, Samsung Pay and Samsung ID are provided by Samsung and not offered or provided by MetaBank, N.A. "Netspend" refers to Netspend Corporation, the servicer for the Samsung Reward Card account program, and its successors, affiliates, or assignees. Netspend is an Independent Sales Organization pursuant to an agreement with the Issuer. By accepting and using this Card or authorizing any person to use the Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement "You" and "your" means the person who has received and is authorized to use the Card. "We," "us," and "our" mean collectively, MetaBank N.A., a federally chartered bank, member FDIC, and its divisions or assignees, and also includes, unless otherwise indicated, our Program Manager. "Program Manager" refers to Netspend, who performs certain services related to your Card on MetaBank N.A.’s behalf. "Corporate Sponsor" means the company who has directly or indirectly established this Card for the purpose of disbursing funds to you. The Card may be canceled or revoked at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference.

You acknowledge and agree that the value available in your Card is limited to the funds loaded by the Corporate Sponsor. By opening, registering, loading or otherwise using your Card, you represent and warrant to us that:

  1. you are (i) at least eighteen (18) years of age (or nineteen (19), if you reside in a jurisdiction where the age of majority is nineteen (19)), and (ii) you are a United States citizen or legal alien residing in the United States, or the District of Columbia;
  2. the information that you provide to us in connection with the Card is true, correct, and complete in all respects;
  3. you agree to be bound by and comply with the terms and conditions contained in this Agreement, including the fees listed in the Fee Schedule., and agree to our Privacy Policy and Electronic Communications Agreement; and,
  4. you have a current and valid Samsung ID and Samsung Account.
  1. ABOUT YOUR CARD

    Your Card is a prepaid Card loaded by the Corporate Sponsor, redeemable to buy goods and services anywhere both Samsung Pay and Debit Mastercard are accepted The Card is NOT a credit Card. The Card is not a checking account or connected in any way to any account other than a stored value account where your funds are held.

    You will not be issued a physical card. You are limited to one active Card per Samsung ID.

    Your Card will be associated with your Samsung ID. You may access your Card through Samsung Pay on your Eligible Devices, limited to five (5) active Eligible Devices at one time. You will accept these terms once upon opening your Card, and these Terms will govern the use of your Card on any Eligible Device you may use in the future.

    You must maintain a current and valid Samsung ID and Samsung Account to open and use the Card. If you close, lose or otherwise terminate your Samsung ID or Samsung Account, your Card will be closed and you will no longer be able to access the funds on your Card.

    USING YOUR CARD

    1. Accessing Funds and Limitations
      The Corporate Sponsor is fully responsible for ensuring funds are available to be loaded to your Card. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. Your Card cannot be: (1) redeemed for its cash value; (2) used for illegal transactions; (3) used to make foreign transactions; (4) used for purchases where recurring payments may occur, such as subscriptions, memberships, rentals, etc.; or (5) used to obtain cash at an automated teller machine ("ATM"). For security reasons, we may limit the amount or number of transactions you can make on your Card. We may refuse to process any transaction that we believe may violate the terms of this Agreement. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE ON YOUR CARD. If you attempt to use the Card when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a systems malfunction or otherwise, you will remain fully liable to us for the amount of the transaction. We reserve the right to cancel this Card should you create a negative balance. If you do not have enough funds available on your Card, you may be able to instruct the merchant perform a "split transaction" to charge part of the purchase to the Card and pay the remaining amount with another form of payment. Your card is valid in the U.S. only. It cannot be used at merchants outside of the United States, including internet and mail/telephone order merchants outside of the United States.
    2. Limits

      Load Limitations

      Limit

      Maximum Card balance at any time

      $5,000

      Total number of times the Corporate Sponsor can reload your Card

      No limit.

      Maximum cumulative amount of Corporate Sponsor loads

      $5,000

      Spend Limitations

      Limit

      Maximum amount in Point of Sale Signature or Point of Sale PIN Transactions

      $5,000 per transaction.

      * Third parties may impose additional limitations.

    3. Authorized Users
      If you allow another person to use the Card, you will be responsible under this Agreement for all transactions made by that person, regardless of whether you intended to be responsible for all of them, as well as all associated fees and charges, even if any of those transactions, fees or charges caused your balance to go negative.
    4. Personal Identification Number ("PIN") 
      If a payment terminal requires that you entire a Personal Identification Number ("PIN"), you may enter the default PIN of "0000". You may not change your PIN. A PIN can be used to make purchases at any Point-of-Sale ("POS") device that accepts Samsung Pay and bears the Mastercard®, Cirrus® or PULSE® acceptance mark. CARDS ARE NOT ACCEPTED AT ATMS AND CANNOT BE USED TO OBTAIN CASH IN ANY PURCHASE TRANSACTION. You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious.
    5. Obtaining Card Balance Information
      You may obtain information about the amount of money you have remaining on your Card at no charge by contacting Customer Service. This information, along with a history of Card transactions, is also available online by visiting the Mobile App. It may also be possible to request a written copy of Card transactions by contacting Customer Service.
    6. Authorization Holds
      You do not have the right to stop payment on any purchase transaction originated by use of your Card. With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be "preauthorized" for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.
    7. Returns and Refunds
      If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.
    8. Receipts
      You may wish to retain receipts as a record of transactions. You may need a receipt in order to verify a transaction with us or the merchant.
  2. REPLACEMENT CARD

    If you need to replace your Card for any reason, please contact Customer Service. See the table above for applicable fees. Please note that your Card has a "Valid Thru" date on the front image of the Card. You may not use the Card after the "Valid Thru" date. However, even if the "Valid Thru" date has passed, the available funds on your Card do not expire. Prior to or upon expiration, we may automatically renew your card and provision it in your Mobile App.

  3. COMMUNICATIONS

    You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.

  4. UNAUTHORIZED TRANSACTIONS
    1. Contact Customer Service Immediately
      If you believe your Card has been lost or stolen or an unauthorized transaction has been made using the information from your Card without your permission, contact Customer Service IMMEDIATELY. We will ask for the Card number and other identifying details. We may not be able to assist you if you do not have the Card number. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction. A reissued Card may take up to 30 days to process.
    2. Zero Liability
      Under Mastercard’s Zero Liability Policy, your liability for unauthorized transactions on your Mastercard-branded Card is $0.00 if you notify us promptly upon becoming aware of the loss or theft, and you exercised reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This policy limiting your liability does not apply to debit transactions not processed by Mastercard, certain commercial transactions, or unregistered cards.
  5. NO WARRANTIES AND LIMITATION OF LIABILITY

    We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with a Card. Further, we will not be liable: (1) If, through no fault of ours, you do not have enough funds available on your Card to complete the transaction; (2) If a merchant refuses to accept your Card; (3) If an electronic terminal where you are making a transaction does not operate properly; (4) If access to your Card has been blocked after you reported your Card lost or stolen; (5) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction; or (6) For any other exception stated in our Agreement with you.

  6. LEGAL NOTICES
    1. English Language Controls
      Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.
    2. Assignability
      You may not assign or transfer your Card or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in your Card.
    3. Other Terms
      We may amend or change the terms of this Agreement at any time, subject to applicable law. You will be notified of any change to this Agreement in the manner required by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement will not be affected. This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal law. Should your Card have a remaining balance after a certain period of inactivity, we may be required to remit the remaining funds to the appropriate state agency.
  7. JURY TRIAL WAIVER AND ARBITRATION
    1. Jury Trial Waiver: To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this agreement.  This Jury Trial Waiver does not modify in any fashion the Arbitration Clause set forth in the following section, which contains its own jury trial waiver.
    2. Arbitration Clause: You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Card. You must send the opt out notice in writing to MetaBank, N.A., Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108 ("Notice Address"). This Arbitration Clause governs any dispute arising under this Agreement, aside from the validity and coverage of this Arbitration Clause. Arbitrations will be conducted under the rules of the arbitration administrator, as chosen by us. Arbitration may be brought by you or us, and we will not demand arbitration if you bring an individual action in small claims court. In addition to the Jury Trial Waiver above, you also waive your rights to be a class member or bring suit in a class action or class arbitration. In order to commence an arbitration, the party bringing the dispute must send the notice and complaint in writing. You must send your notice to the Notice Address. After receiving notice, the other party has 30 days to attempt to resolve the issue before a suit or arbitration commences. We will pay all costs associated with administering an arbitration brought by you in good faith, if you cannot get a waiver and ask us to pay. Further, we will pay legal fees and costs if you win or as required by law or the arbitrator. This Arbitration Clause will stay in force if your Card is closed or we assign our rights under this Agreement. This Arbitration Clause and any rights to appeal or requests for information will be governed by the Federal Arbitration Act and the rules of the arbitrator.

    Samsung Rewards Card is issued by MetaBank, National Association, Member FDIC, pursuant to license by Mastercard International Incorporated.

    © 2020 MetaBank, National Association.

730421320