TERMS & CONDITIONS

This agreement supplements your BPPR Retail Installment Agreement for Revolving Accounts. The terms and conditions set forth below govern the personalization service for the Banco Popular of Puerto Rico (the Bank) Credit Card. In the event of any inconsistency, the terms in the BPPR Retail Installment Agreement for Revolving Accounts will apply. You agree that you have read and understood the Image Guidelines, and that you will only submit images that comply with the Image Guidelines. The Bank will collect and will use your image to provide you with the personalized card you request. You consent to the Bank providing such image to any service provider which the Bank engages to produce the personalized card requested, including but not limited to Serverside Graphics, Inc. (“Serverside”). You confirm, warrant and agree that you are the creator of the image submitted or that you have obtained consent from the owner of the image, and that you have obtained consent from the individuals appearing in the image, to use the image submitted by you for use on the personalized card for your Account, and that each of this confirmations will continue to be in full force and effect during the term of this agreement. Furthermore you represent that the use of the image submitted will not infringe any rights of a third party, including intellectual property rights. The Bank may ask to supply any reasonable proof that the Cardholder is the creator of the image (or has been given permission from the owner of the image to use it) and has the consents here referred to. You grant to the Bank and Serverside (or have obtained from the image owner the grant to THE BANK and Serverside of) a perpetual, non-transferable, non-exclusive, royalty-free, world-wide, irrevocable license to copy, print, distribute and use the image and the data you provide, to the Bank and Serverside, solely for the purpose of providing you the personalized card. You consent to the Bank, its agents, suppliers or contractors altering the image submitted by you for use on the personalized card for your Account. The Bank and Serverside may also require evidence of this consent. You warrant that the image does not contain any computer viruses or is illegal, obscene, libelous, defamatory, indecent or otherwise actionable or in violation of any applicable laws or regulations. The image that you have submitted for your personalized card will be stored by the Bank (and its agents and contractors) for a period of up to one year. After that period the image will not be available to the Bank, Serverside or the Cardholder. The Bank and Serverside may store a small copy of the image longer than this for audit purposes. If the request date for the personalized card is 30 days or less from the reissue date of the current card, the personalized card will be valid for three years. If the request date for a replacement of a personalized card is one year or less from the request date of your first personalized card, a reprint of the personalized card will be sent to the cardholder and the account will be charged the personalized card fee. If the request date for a replacement is greater than one year after the initial request for your personalized car, the standard plastic design will be sent to the cardholder and no fee will apply. The personalized card will be issued with the same account number as the previous Card which it replaces, and will constitute a continuation of that Card. As soon as the Cardholder receives the personalized card, he/she must destroy the old Card and will be liable in all circumstances for the use of both Cards in accordance with the relevant terms and conditions of the contract governing its use. The Cardholder may at any time request the de-personalization of a personalized card, or its replacement with another Card bearing a different image, in which case all the above clauses of this application shall apply. These requests shall be processed by the Bank within a reasonable period. In any case of reissue, renewal or replacement of a personalized card, in accordance with its terms and conditions of use, the new Card issued will be personalized with the current image as long as the date of the event is within one year of the date the original image was submitted. If the event is after such period, the Bank will use a standard plastic design based on the product type. The personalized image is not transferable. If you wish to reuse the image in another Card, you will need to complete the entire process again. Fast Card requests of personalized cards will only be supported for card members who already have a personalized card and who request the Fast Card within one year of the date the image was submitted. Fast Card requests of personalized cards will not be available for cardholders that do not have a personalized card of the Bank. You should receive your personalized card no later than 30 days after your request submission. The Bank can reject any image it determines that does not comply with the Image Guidelines. The Bank’s decision is final. In the event of the image being rejected, the Bank will notify you via e-mail, without any obligation to justify its decision, and will destroy the rejected image and any other data you have submitted in support of your request for a personalized card. The Bank is not responsible for any claims or damages in relation to any rejected image. The Cardholder bears entire and sole responsibility for any dispute which may arise from the personalization of the Card, as a result of the incorporation of the image and is obliged to indemnify the Bank and Serverside. The Cardholder is obliged to provide the Bank with any assistance required to resolve the problem, make good, without delay and in full, any loss incurred by the Bank and repay to the Bank any sum the Bank may find itself obliged to pay for the above reason. The Bank’s and Serverside’s liability in respect of the personalized card service is limited to refunding the personalized card fee or replacing the Card in the event the image on the Card is defective and the Cardholder has requested its replacement within 4 weeks of the date the image was submitted. The Bank and Serverside disclaim any other liability related to the service of personalized cards, including but not limited to any loss, damage, claim or expense whatsoever in relation to the personalized card (including in relation to any action by the Bank permitted under these Terms and Conditions). In the event of a dispute or complaint to the Bank relating to the image or the consent or your authority to use or to continue to use the image, or on the instructions of any joint Account, the Bank or any person acting on its behalf may retain, cancel, withdraw, discontinue or suspend the personalized card on giving you 30 days notice in writing or with immediate effect when there are serious grounds for doing so and you are so informed in writing by the Bank. Your personalized card remains the property of the Bank and you agree to immediately return it or destroy it if asked or if the card or accounts that the personalized card belongs to is cancelled or closed. All copyright and intellectual property rights in the personalized card service vest in the Bank or Serverside (excluding the image). You will not reproduce (without expressed consent) any of the Bank’s or Serverside's intellectual property. This agreement will continue in full force and effect while your BPPR Retail Installment Agreement for Revolving Accounts is in effect. By accepting these terms and conditions you acknowledge that you have read and understood them and agree to be bound by them. By accepting these terms and conditions you acknowledge that you have read and understood them and agree to be bound by them.