Reward Terms

Overview

These Platform Rewards Terms (“Rewards Terms”) are entered into by and between Affiniti Finance, Inc. (“Affiniti”, “Program Manager”, “we”, “our” or “us”) and the Company (“you” and “your”). These Rewards Terms govern the accrual, redemption, forfeiture and administration of Rewards earned through your Affiniti Account and your use of the Affiniti Services, including the Platform software and any Affiniti Card Product, Affiniti Checking Account, or other product, feature or service made available through the Platform (each, a “Reward-Eligible Product”). These Rewards Terms are the “Rewards Terms” referred to in, and are incorporated into, the Affiniti Terms of Use available at www.affiniti.com/legal, and any Product Rewards Terms (defined below) are incorporated into the Terms of Use through these Rewards Terms. If these Rewards Terms conflict with the Terms of Use as to the Rewards Program, including as to how these Rewards Terms may be changed, these Rewards Terms control. Capitalized terms not defined here have the meanings given in the Terms of Use or the applicable Service-Specific Terms. For purposes of these Rewards Terms: an “Affiniti Credit Card” means an Affiniti Card Product under which a Sponsor Bank extends credit to you pursuant to a Cardholder Agreement; and an “Affiniti Prepaid Card” means an Affiniti Card Product funded in advance by you and not involving an extension of credit.

By opening and maintaining an Affiniti Account in good standing, you are automatically enrolled in the Rewards Program and agree to these Rewards Terms, whether or not you hold any Reward-Eligible Product. You may only participate in the Rewards Program if you accept all of these Rewards Terms. To participate, your Affiniti Account must be continuously in good standing, you must maintain a Linked Account, and all Users earning or redeeming Points on your behalf must be affiliated with the Company.

Affiniti is a technology company and not a bank. Rewards are offered and administered solely by Affiniti as Program Manager and not by any Sponsor Bank.

Relationship to Product-Specific Rewards Terms

Certain Reward-Eligible Products may be subject to their own rewards terms, however titled (“Product Rewards Terms”) that set out the earning rates, bonuses, multipliers and other earning conditions specific to that product. Currently, each Affiniti Credit Card has Product Rewards Terms, available at affiniti.com/legal. We may adopt Product Rewards Terms for any other Reward-Eligible Product at any time, and will identify them on the Platform or at affiniti.com/legal. Where a Reward-Eligible Product has Product Rewards Terms, the Points you earn on that product, and the rate at which you earn them, are governed by those Product Rewards Terms, which control as to earning on that product; in all other respects, including redemption, forfeiture, expiration and the general provisions below, these Rewards Terms govern all Points in your Affiniti Account regardless of where they were earned. Nothing here expands the earning rates or benefits stated in any Product Rewards Terms.

Earning Rewards

Rewards are structured as reward points credited to your Affiniti Account (“Points”). Points may also be referred to as “cash back” or “rewards”. You may earn Points on Eligible Activity as described in these Rewards Terms, the applicable Product Rewards Terms, or as otherwise disclosed on the Platform from time to time. “Eligible Activity” means (a) bona fide purchases of goods and services and recurring transactions on a Reward-Eligible Product, net of declined transactions, disputes, chargebacks, credits, refunds and returns, and (b) any other use of the Affiniti Services or activity that we designate as eligible to earn Points, such as use of Platform software features, connecting a Linked Account or integration, completing promotions, or referring other businesses. Eligible Activity excludes fees, interest and finance charges, balance transfers, cash advances and withdrawals, money transfers, purchases of prepaid cards or other cash equivalents, payments on any Affiniti Service, fraudulent transactions, and any transaction or transaction type we designate as excluded at any time in our sole discretion.

Affiniti Prepaid Card. If you hold an Affiniti Prepaid Card, you earn Points equal to 1% cash back on all Eligible Activity made with that card, credited after the transaction has posted and settled.

Affiniti Credit Card. If you hold an Affiniti Credit Card, you earn Points at the rates and on the conditions set out in the Product Rewards Terms for that card, and not under this section.

All other Reward-Eligible Products and Platform activity. For any other Reward-Eligible Product, feature or activity, including use of the Platform software without any financial product, you earn Points at the rates, in the amounts and on the conditions we disclose on the Platform, in the applicable Service-Specific Terms or in a promotion. We have no obligation to offer Points on any product or activity and may begin, change or end any offer at any time.

Earning rates, categories, caps and eligibility may be changed at any time, or adjusted for individual Affiniti Accounts, in our sole discretion. Access to any earning feature does not create a continuing right to it.

We classify transactions for rewards eligibility based on the merchant code assigned to the merchant. If a merchant's code is unavailable to us, or we receive incorrect information or are otherwise unable to recognize your transaction, you may not earn Points on it. We have sole discretion to determine which category a transaction falls within, regardless of the merchant code assigned. You are responsible for notifying us at support@affiniti.finance if you do not receive Points for Eligible Activity.

Points may be netted against reversals, including refunds, returns, disputes and chargebacks, and against Points credited where the earning conditions were not satisfied. A resulting negative balance may be deducted from existing or future Points. Points earned in a billing period on a Reward-Eligible Product that carries a balance may be held as pending and awarded only upon payment in full of amounts owed for that period.

Redemption

The conversion of Points to redemption value, and vice versa, is currently 100 Points to $1.00, unless we specify a different ratio for a particular redemption option (the “Conversion Ratio”). We may change the Conversion Ratio, for all Points or for any redemption option, at any time in our sole discretion, either by providing you notice through the Platform or by email or by amending these Rewards Terms. A changed Conversion Ratio applies to all Points redeemed after the change takes effect, including Points earned before the change. We may also withdraw any redemption option at any time.

Subject to these Rewards Terms, Points may be redeemed through the Platform for one or more of the following, as made available by us from time to time:

• a statement credit applied to any Affiniti Credit Card or other Affiniti Service with a balance owed to Affiniti, whether or not it is the product on which the Points were earned;
• a check payable to the Company or accountholder, or an ACH or other electronic transfer to a Linked Account, in each case upon your request and in our sole discretion. We are not responsible for the disposition of reward checks by you;
• marketing credits, advertising credits, goods, services, event access or other benefits offered by Affiniti or by Third-Party Service Providers through the Platform (“Perks”); and
• any other redemption option for value that we make available on the Platform.

Statement credits are applied to the next Billing Statement or billing cycle for the relevant Affiniti Service and do not satisfy or reduce any Minimum Payment Due. We are not responsible for the disposition of any check or transfer once issued, and a check not negotiated within 90 days of issuance may be voided and the corresponding Points forfeited. We may impose minimum or maximum redemption amounts, processing times and other conditions on any redemption option.

To redeem Points, your Affiniti Account and each Reward-Eligible Product you hold must be open and in good standing, no amount owed to Affiniti may be past due, and, for any Reward-Eligible Product that carries a balance, you must have paid the full statement balance by the Payment Due Date for the Billing Statement on which the Points were earned. Points may be redeemed only by an Admin User. We may rely on any redemption instruction submitted through your Affiniti Account credentials without further confirmation.

Perks and other redemption options provided through Third-Party Service Providers are subject to the terms, conditions and availability set by those providers and may be changed or withdrawn by us or the provider at any time with or without notice. Unless we specify otherwise, each Perk may be redeemed once per Affiniti Account. By redeeming a Perk you consent to Affiniti sharing the information needed to fulfill it with the relevant Third-Party Service Provider. We disclaim all liability for goods, services or benefits provided by Third-Party Service Providers, and you agree to look solely to the provider with respect to them. You are solely responsible for ensuring that any redemption by a User complies with your Company policies and with any law, regulation, industry rule or ethical obligation applicable to your business.

Rewards Validity and Loss of Rewards

Points have no cash value, are not your property, and are not transferable to any third party or other Affiniti Account unless we specify otherwise. Any attempt to sell, barter or transfer Points is void and the Points may be forfeited.

We reserve the right to automatically expire any Points three hundred sixty five (365) days after they have been credited to your Affiniti Account if unredeemed. We also have the right to revoke all Points in your Affiniti Account, pending and available, if (a) you are delinquent or past due on any amount owed to Affiniti under any Affiniti Service, (b) you do not complete at least one Eligible Activity for sixty (60) consecutive days, or (c) your Affiniti Account or any Reward-Eligible Product is closed, suspended or terminated by you or by us for any reason. Product Rewards Terms may impose additional validity conditions on Points earned on the relevant product.

If we determine, in our sole discretion, that you have engaged in abuse, misuse, gaming, self-dealing (such as using a Reward-Eligible Product to pay for goods or services provided by the Company, its Affiliates, its beneficial owners or other persons affiliated with the Company) or any Prohibited Activity in connection with the Rewards Program, or that you intend to do so, or that you have otherwise breached the Terms of Use or any Service-Specific Terms, we may:

• not credit Points;
• freeze Points credited and your ability to redeem;
• remove previously credited Points from your Affiniti Account;
• reverse any redemption, including by re-debiting a statement credit or recovering the value of a check, transfer or Perk; or
• close your Affiniti Account and any other accounts you maintain with us.

We may withhold, reverse or adjust any Points or redemption we determine were credited in error, obtained through fraud, or based on inaccurate merchant or third-party reporting. We may suspend or terminate your participation in the Rewards Program, in whole or as to any Reward-Eligible Product, at any time without notice if required for compliance with applicable law, the Rules, Sponsor Bank requirements, regulatory guidance or Affiniti risk policies. If you forfeit Points, we may in our sole discretion allow you to regain them, subject to payment of all amounts owed to us or other conditions we determine.

Program Manager Solely Responsible

Affiniti is solely responsible for the administration of the Rewards Program and the payment of all amounts or benefits due to you under these Rewards Terms. No Sponsor Bank is a party to these Rewards Terms, and these Rewards Terms do not affect, modify or amend any Cardholder Agreement, deposit account agreement, loan agreement or other agreement you have with a Sponsor Bank. You agree to look exclusively to Affiniti for any dispute relating to the Rewards Program. We may condition, restrict, limit or revoke Points in our sole discretion.

Taxes

You are solely responsible for determining the appropriate tax treatment of, and for any taxes arising from, Points earned or redeemed. Affiniti will not report Rewards to any taxing authority except where required by law.

Miscellaneous Provisions

Default: If you default, are not in good standing, or are late on any payment under the Terms of Use or the Service-Specific Terms for any Affiniti Service, you may lose all Points earned under these Rewards Terms and the ability to redeem them.

Severability: Whenever possible, each portion of these Rewards Terms will be interpreted in such a manner as to be effective and valid under applicable law, but if any portion is held to be prohibited by or invalid under applicable law, such portion will be deemed restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law, and, if capable of substantial performance, the remaining portions will be enforced as if these Rewards Terms were entered into without the invalid portion.

Assignment: You may not assign these Rewards Terms without the express prior written consent of Affiniti or its successor in interest. Affiniti may, in its sole discretion, assign these Rewards Terms, transfer any right or delegate any duty under them, including administration of the Rewards Program, without further notice, and any assignee is entitled to all of Affiniti's rights to the extent assigned.

Changes to these Rewards Terms: We may change these Rewards Terms from time to time, which may include adding, modifying or deleting any term, adding or removing Reward-Eligible Products or redemption options, or terminating the Rewards Program in whole or in part. The changed terms will take effect immediately, unless the changes reduce your rights or increase your responsibilities (“Material Changes”). In the event of Material Changes, we will provide you with five (5) business days' advance notice by either sending you an email or posting the changes on our website, as determined in our sole discretion. After the five (5) business day notice period you will be subject to the changed terms unless you stop participating in the Rewards Program. For the avoidance of doubt, changing earning rates, the Conversion Ratio, redemption options, expiration periods or the eligibility of any product, transaction or merchant category is not a Material Change. If your Terms of Use are terminated, these Rewards Terms terminate at the same time.

Waiver: No delay or omission by either party to exercise any right or power hereunder will impair such right or power or be construed to be a waiver thereof. A waiver by either party of any of the obligations to be performed by the other or any breach thereof will not be construed to be a waiver of any succeeding breach thereof or of any other obligations herein contained. Any waiver or accommodation we extend applies only to the specific instance involved.

Governing Law and Venue: The dispute resolution provisions of the Terms of Use, including the Arbitration Provision and Class Action Waiver, govern any dispute arising out of these Rewards Terms. These Rewards Terms are governed by the laws of the State of New York without regard to conflict of law principles.

Remedies: Your sole and exclusive remedy for any dispute relating to these Rewards Terms shall be the crediting or re-crediting of Points, as determined in our discretion. In no event shall we be liable for consequential, indirect, special, exemplary or punitive damages arising from or relating to the Rewards Program, and our liability is further subject to the Limitation of Liability in the Terms of Use. You release Affiniti from all other liability for your use of Rewards and participation in the Rewards Program.