Credit Information Agreement

CREDIT INFORMATION AGREEMENT

This Credit Information Agreement (the Agreement) is made as of between Client Name: , with mailing address: , and Recipient Name: , with mailing address: .

RECITALS

WHEREAS, Client maintains credit files, payment records, and other consumer credit-related information (collectively, Credit Information) concerning consumers and requests that Recipient be authorized to receive and use certain Credit Information for the Permitted Purpose described below;

WHEREAS, Recipient requires access to Credit Information for the purposes of credit evaluation, account management, collection, fraud prevention, and other legitimate business purposes as authorized by Client and applicable law;

WHEREAS, the parties desire to set forth in writing the terms under which Client will disclose Credit Information to Recipient and the obligations of Recipient with respect thereto.

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

1.1 "Credit Information" means consumer credit reports, credit scores, payment histories, account balances, collections data, public record information, and any other information that relates to the creditworthiness of an individual or entity and that is provided by Client to Recipient under this Agreement.

1.2 "Permitted Purpose" means the specific lawful business purpose(s) for which Recipient is authorized to obtain and use Credit Information, including credit underwriting, account review, servicing or collection, fraud prevention, and compliance with legal obligations. The specific Permitted Purpose for disclosures under this Agreement is:

2. AUTHORIZATION AND SCOPE

2.1 Client authorizes Recipient to receive Credit Information from Client and from third-party credit reporting sources to the extent necessary to accomplish the Permitted Purpose. Recipient shall access and use only the minimum Credit Information necessary for the stated Permitted Purpose.

2.2 Recipient shall not use Credit Information for marketing or any purpose not expressly set forth in this Agreement without the prior written consent of Client. Any use beyond the Permitted Purpose constitutes a material breach.

3. COMPLIANCE WITH LAW

Recipient shall comply with all applicable federal, state and local laws and regulations governing the access, use, retention, disclosure and destruction of Credit Information. Recipient shall promptly notify Client in writing if it becomes subject to any enforcement action, investigation, or claim related to its handling of Credit Information.

4. CONFIDENTIALITY AND LIMITATION ON DISCLOSURE

4.1 Recipient will treat all Credit Information as confidential and will not disclose Credit Information to any third party except (a) to its agents, contractors or service providers who have a need to know to perform services for Recipient and who are bound by written obligations of confidentiality and restrictions on use at least as protective as those in this Agreement, or (b) as required by law or valid legal process.

4.2 Prior to any permitted disclosure, Recipient shall ensure that the recipient of such information agrees in writing to maintain such information in confidence and to use it only for the Permitted Purpose.

5. DATA SECURITY; SAFEGUARDS

Recipient shall implement and maintain administrative, technical and physical safeguards appropriate to the sensitivity of the Credit Information to protect against unauthorized access, disclosure, alteration, or destruction. Such safeguards shall include, at a minimum: access controls, encryption of data in transit and at rest where feasible, secure authentication, logging and monitoring, and an incident response plan.

6. RETENTION AND DESTRUCTION

Recipient shall retain Credit Information only for as long as is necessary for the Permitted Purpose or as required by law. Upon expiration of the retention period or termination of this Agreement, Recipient shall securely destroy or return Credit Information to Client and certify in writing that such destruction or return has occurred.

7. ACCURACY AND ACCESS

Recipient acknowledges that Client makes no warranty, express or implied, as to the accuracy or completeness of Credit Information furnished. Recipient shall provide, upon Client's request, reasonable access to records demonstrating Recipient's use of Credit Information and shall promptly investigate and, where appropriate, correct any confirmed inaccuracies in cooperation with Client.

8. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that (a) it is duly organized and validly existing under the laws of its jurisdiction, (b) it has the corporate or other power and authority to execute and perform this Agreement, and (c) the execution and performance of this Agreement will not violate any applicable law or contractual obligation.

9. INDEMNIFICATION

Recipient shall indemnify, defend and hold harmless Client and its officers, directors and employees from and against any claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of Recipient's breach of this Agreement, negligence, willful misconduct, or unauthorized use or disclosure of Credit Information.

10. LIMITATION OF LIABILITY

EXCEPT FOR LIABILITY ARISING FROM A BREACH OF CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. AUDITS

Client may, upon reasonable notice and during regular business hours, audit Recipient's compliance with this Agreement. If an audit reveals material noncompliance, Recipient shall promptly remedy such noncompliance and reimburse Client for reasonable audit costs associated with the noncompliance.

12. NOTICES

All notices shall be in writing and shall be deemed given when delivered personally, sent by certified mail (return receipt requested), or by a nationally recognized overnight courier service to the addresses provided above or to such other address as a party may designate by notice in accordance with this Section.

13. AMENDMENTS; WAIVER

No amendment to this Agreement will be effective unless in writing and signed by authorized representatives of both parties. The waiver of any breach or default shall not constitute a waiver of any subsequent breach.

14. GOVERNING LAW; COUNTERPARTS

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflicts of law principles. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

15. ENTIRE AGREEMENT; SEVERABILITY

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

MISCELLANEOUS

15.1 Remedies: The parties agree that any breach of confidentiality or unauthorized use of Credit Information will cause irreparable harm for which monetary damages may be inadequate, and Client shall be entitled to injunctive relief in addition to any other remedies.

15.2 Relationship of Parties: The parties are independent contractors and nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship.

ACKNOWLEDGMENT

The undersigned parties represent that they are authorized to enter into this Agreement on behalf of the respective parties and that the information provided herein is true and correct.

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