Make a Statement Terms & Conditions
Mercantile Bank provides Make a Statement Photo Debit Card service subject to the following terms and conditions. These terms and conditions are in addition to those found in the Cardholder Agreement governing all use of your Mercantile Bank debit card. The photo, artwork, or other image submitted by you and all the information thereon, are the hereafter collectively referred to as the “image.”
1. You certify that you have read and understood the “Image Guidelines” and that the image you submitted to Make a Statement for your Mercantile Bank debit card complies with the Image Guidelines.
2. Fee(s): There is a personalized card fee ($15.00) for issuing each Make a Statement debit card. For cards issued thereafter, this fee will be charged to your account each time you submit a new image and Mercantile Bank issues you a new Make a Statement card.
3. You authorize Mercantile Bank to charge all applicable fees to the checking account associated with your Make a Statement card when your image is approved. A personalized card fee ($15.00) will be debited from your Mercantile Bank checking account.
4. In addition to your compliance with the Image Guidelines, you represent and warrant to Mercantile Bank that:
- The image you are submitting was created by you and you are the owner of the image, and/or you have obtained express written consent from the owner of the image for you to use on your Make a Statement card and for Mercantile Bank to after, copy, print, distribute, prepare and use the image on your Make a Statement card.
- You have obtained the express written consent of any person other than yourself who appears in the image you are submitting.
- Use of the image will not infringe any businesses’ or individual person’s rights, including intellectual property, privacy, or publicity rights.
- If Mercantile Bank requests, before or after accepting your image, you shall provide Mercantile Bank with reasonable proof of such ownership, written consent and/or non-infringement.
5. You grant to Mercantile Bank a perpetual, non-transferable, non-exclusive, royalty-free, world-wide, irrevocable license to use the image and the other data you provide to Mercantile Bank for the purpose of providing your Make a Statement card.
6. You agree to indemnify, defend, and hold Mercantile Bank harmless, its affiliates, its card membership organizations and their respective shareholders, officers, directors, employees, agents, members, contractors and representatives from any and all claims, liabilities, losses, costs and expenses of any nature whatever (including, without limitation, attorney’s fees) that may arise from the issuance or use of the Make a Statement card with your submitted image on it, including (without limitation) any and all claims alleging trademark or copyright infringement and/or the violation of a right of privacy or publicity or any other right.
7. Mercantile Bank’s liability hereunder is limited to refunding any fee associated with the issuance of the Make a Statement card and Mercantile Bank is not liable to you for any loss, damage, claim or expense whatsoever in relation to any action or omission by Mercantile Bank’s connection with the Make a Statement card service or product. Mercantile Bank is not responsible for poor-quality images or images poorly positioned on the Make a Statement card template. Image and copies thereof shall not be returned to you for any reason.
8. Your Make a Statement card remains the property of Mercantile Bank and you agree to immediately return or destroy the card if asked by Mercantile Bank for any reason, or if the account to which your Make a Statement card is linked to is closed.
9. Rejected images, superseded images, and images from canceled Make a Statement cards, accepted images, and copies thereof, may not be stored for any period of time, and my be purged at any time, that Mercantile Bank may choose in its sole discretion.
10. If a submitted image is rejected, you will be notified by e-mail without any obligation to justify the decision.
11. If a submitted image is rejected, you may submit a new image and request a new customer card design.
12. Mercantile Bank reserves the right not to accept or use any image you submit, or to refuse to issue a Make a Statement card, for any or no reason whatsoever in Mercantile Bank’s sole discretion.