This Deposit Account Agreement (including, but not limited to all appendices, such as the Online and Mobile Banking Agreement attached as Appendix A) explains how your account works, what fees are applicable to your account, how our various services work, and the policies, terms and conditions that govern your account. Please read this agreement and keep it for your records. You can get a copy of it at any time in the Amazon Flex Debit Card Mobile App (“Mobile App”).

When we say “we,” “us,” “our” or “Bank,” we mean Green Dot Bank, Member FDIC, the bank that holds the money in your account. Please note that Green Dot Bank operates under the following registered trade names: GO2bank, GoBank, Green Dot Bank and Bonneville Bank. All of these registered trade names are used by, and refer to, a single FDIC-insured bank, Green Dot Bank. Deposits under any of these trade names are deposits with Green Dot Bank and are aggregated for deposit insurance coverage.

Amazon is not a party to this agreement and is not responsible for your deposit account. Any questions regarding your account should be directed to Green Dot Bank, as set forth in this agreement.

When we say “you” or “your,” we mean each Amazon Flex Delivery Partner who has a Green Dot Bank account and anyone else that a Green Dot Bank accountholder gives account access to. You can find other definitions near the end of this agreement.

NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR AT THE END OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

Arbitration of Claims. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) the Card or account; (ii) any service relating to the Card or account; (iii) the marketing of the Card or account; (iv) this agreement, including the validity, enforceability, interpretation, scope, or application of the agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or account or any related service (“Claim”) shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank’s agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association (“AAA”) shall serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at https://www.adr.org or by writing to American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.

Other Claims Subject to Arbitration. In addition to Claims brought by either you or the Bank, Claims made by or against Green Dot Corporation or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.

Exceptions. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. This arbitration provision also does not limit or constrain the Bank’s right to interplead funds in the event of claims to account funds by several parties.

Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. However, co-applicants, second cardholders and authorized users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, and affiliates are considered as one person.

Arbitration Fees. If you initiate arbitration, the Bank will advance any arbitration fees, including any required deposit. If the Bank initiates or elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit. The Bank will also be responsible for payment and/or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years experience or who is a former or retired judge. The arbitration shall follow the rules and procedures of the arbitration administrator in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the arbitration administrator and this arbitration provision, in which case this arbitration provision shall govern. Any in-person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any appropriate court may enter judgment upon the arbitrator’s aware. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA.

 

 Appendix A

 

 Appendix B

This appendix (the "Appendix B") sets forth the terms and conditions of the Amazon Flex Visa Debit Card cash back rewards program (the "Cash Back Rewards Program"). In the event of any inconsistency between this Appendix B and any provision of your Deposit Account Agreement, this Appendix B controls with respect to the Cash Back Rewards Program, but only to the extent necessary to resolve the inconsistency.

Earning Cash Back. When you apply for and are approved for your account, you are automatically enrolled in the Cash Back Rewards Program and, if you are in an Amazon Flex Rewards Program Level that earns cash back rewards, you are immediately eligible to earn a cash back bonus ("Cash Back") based on point-of-sale spend in specified categories through the use of your Debit Card. Your enrollment date is the date that you successfully register and open your account. You will be eligible to earn a Cash Back bonus based on your Amazon Flex Rewards Program Level in the percentage listed on the rewards chart below on the total net qualifying purchases made using your Debit Card or your Debit Card number (less adjustments, including for purchases that are returned or cancelled), rounded to the nearest cent. The maximum amount of Cash Back that you can earn for purchases in all categories and participating merchants combined is $500 per calendar month. This amount may change in our sole discretion and at any time. We may choose to offer additional categories eligible for Cash Back bonuses in the future, and such categories (and applicable rewards earning rates) will be posted at https://flex.amazon.com/amazonflexrewards/terms. Your primary account must be in good standing in order to earn and receive Cash Back. The Cash Back Rewards Program is separate from the Amazon Flex Rewards Program. Terms governing your participation in the Amazon Flex Rewards Program, including how your Rewards Level is determined and how to maintain that Rewards Level, are located at https://flex.amazon.com/amazonflexrewards/terms. Per the terms located there, your Rewards Level may change on a quarterly basis. Participating cash back rewards categories, the rate of Cash Back earning, and any applicable limits can be found at https://flex.amazon.com/amazonflexrewards/terms. The terms of the Cash Back Rewards Program, including the category or amount of any additional Cash Back, the conditions of participation, the qualification and eligibility criteria, and any additional associated rewards, are subject to change and may be modified, reduced, or terminated, at any time, with or without notice.

Only the use of your Debit Card number to purchase goods or services in the categories that earn Cash Back is a qualifying purchase to earn Cash Back. The following purchases/transactions shall not be considered qualifying purchases for purposes of earning Cash Back:

Merchants that accept debit cards are assigned a Merchant Category Code ("MCC") based on the kinds of products and services they sell. We do not determine which MCC a merchant chooses to classify itself, and we have no way of changing the identifying information we receive from a merchant when you make a purchase. As a result, some purchases for the categories above may appear to us as non-qualifying purchases. When this occurs, you will not receive a Cash Back bonus for such transactions.

Cash Back is normally credited to your primary deposit account promptly after your qualifying purchase transaction settles, but could take up to thirty (30) days.

How Returns, Reversals, Cancellations or Disputes Impact Cash Back. Returns, reversals, cancellations or disputes involving a qualifying purchase, or a purchase that is authorized but does not post to your primary deposit account, will result in your Cash Back, or an amount of your account equal thereto, being reversed, debited or cancelled (in whole or part) to reflect that portion of the qualifying purchase which has been returned, reversed, cancelled or disputed. We reserve the right, in our sole discretion, to debit a negative Cash Back balance amount from your primary deposit account if that amount has already been credited to your primary deposit account.

Deposit of Cash Back. You will be eligible to use any Cash Back as soon as the Cash Back has been made available to you in your primary deposit account. In order for the Cash Back to be deposited into your primary deposit account, your account (i) must be eligible to earn Cash Back (as described herein); (ii) cannot be closed or blocked or in a status that does not permit you to deposit additional money; and/or (iii) must not have a zero or negative balance, all at the time of receipt of Cash Back earnings. Your Cash Back bonus from each transaction will be applied as a credit to your primary deposit account balance.

Suspension/Termination of Your Participation in the Cash Back Program. You will not earn Cash Back if your Rewards Level drops to a level that is not eligible to earn Cash Back. You will not earn Cash Back if you are no longer an Amazon Flex Driver Partner. We reserve the right to suspend or prohibit your ability to earn or use the Cash Back bonus balance referenced above in the event you (i) violate any of the Cash Back Rewards Program terms and conditions; (ii) act in a manner inconsistent with applicable laws; (iii) engage in any misconduct or wrongdoing in connection with your account, Debit Card or the Cash Back Rewards Program feature(s); (iv) structure purchases or conduct transactions with your Debit Card to manufacture spend; or (v) engage in any fraudulent or inappropriate acts. If Amazon advises us that you are no longer eligible to participate in the Amazon Flex Rewards Program, then your participation in the Cash Back Rewards Program may be terminated by us without notice to you. Any such termination of your participation in the Cash Back Rewards Program does not by itself terminate your account or use of the Debit Card. Any Cash Back earned and/or accrued in violation of this Agreement may be revoked by us in our sole discretion. Your ability to earn or use Cash Back will be terminated if either you or we place your account in a status that does not permit you to deposit additional money. We may terminate, suspend or modify the Cash Back Rewards Program at any time.


Rev. May. 2021