ACCOUNTHOLDER AGREEMENT

QuikQ, LLC (“Company”) and the party executing this Accountholder Agreement (“Accountholder”), hereby enter into this Accountholder Agreement (“Agreement”) as of [pipe:69] (the “Effective Date”), and hereby agree as follows:

Company is engaged in the business of providing its own and third party purchase programs for fuel and other products and services (each a “Program”) as set forth in this Agreement (including the Accountholder Purchase Policy below), and Accountholder requests Company to provide the Program(s) for which Accountholder has applied or enrolled on or after the Effective Date. For the avoidance of doubt, Thorntons LLC is not a party to this Agreement, and this is not an agreement with Thorntons LLC.  Company is not a seller of merchandise. Company and/or its service providers provide credit and billing services (the “Services”). Company does not warrant any merchandise or services from whatever source obtained by the use of the Services.

ACCOUNTHOLDER PURCHASE POLICY

Accountholder acknowledge and agrees that it will receive credit and billing services from Company and/or its service providers pursuant to the terms and conditions set forth herein.  Accountholder will select purchase policies during customer setup. Variations from stated policies will not be paid to a merchant by Company or billed to Accountholder by Company unless Accountholder approves all variations. Accountholder hereby agrees to all terms and pay all fees set forth on the fee schedule attached hereto as Appendix B and made part of this Agreement. Accountholder represents and covenants that purchases by Accountholder or its Authorized Users under the Program (collectively, “Transactions”) are and will be for business or commercial credit only. Accountholder shall from time to time designate those of its employees and contractors that are authorized to use the payment instrument(s) (each, an “Authorized User”), and shall provide Company notice of any addition, change or removal of any Authorized User in writing no less than 2 business days prior to such addition, change or removal. Use of the payment instrument(s) by Accountholder includes use by the Accountholder, any Authorized Users or anyone under Accountholder’s or any Authorized User’s control, and Accountholder’s (or its Authorized Users’) signature in connection with any payment instrument transaction signifies Accountholder’s agreement to the terms and conditions set forth herein. Accountholder is liable for any unauthorized use of the payment instrument(s). In addition, Company is entitled to offset any amount it may owe Accountholder or its owners, or any affiliate of Accountholder or its owners, against any claims it has against Accountholder. Notice of a disputed transaction shall be provided by Accountholder to Company in writing and shall include customer name, payment instrument number, disputed amount, invoice number and date of transaction. If not disputed within 30 days of the transaction date, all charges are considered valid and no adjustments will be made. If any payment instrument is used in any country other than the United States, Company will convert the foreign currency into U.S. Dollars at an appropriate rate selected by Company and Accountholder will be billed in US dollars.

REVIEW OF TRANSACTIONS

Each party acknowledges and agrees that errors and/or delays related to transactions may occur, whether caused by either party or a third party and due to a variety of factors. The parties will cooperate and act diligently to resolve any such errors or delays within a reasonable time period. Customer shall review its transaction information and results regularly and promptly notify Company of any issues. Notice of a disputed transaction shall be provided by Accountholder to Company in writing and shall include customer name, payment instrument number, disputed amount, invoice number and date of transaction. If not disputed within 30 days of the transaction date, all charges are considered valid and no adjustments will be made.

PAYMENT INSTRUMENT CANCELLATION POLICY

Accountholder shall notify Company promptly of any lost, stolen, or compromised account access information, payment instrument(s) or to cancel payment instrument(s). Accountholder is responsible for all purchases on lost, stolen, compromised, or cancelled payment instrument(s) prior to written notification of cancellation to Company by email at customer@QuikQsupport.com.

FRAUD CONTROLS

Accountholder agrees to have daily transaction and spending limits in place on all payment instruments based on spending needs of its drivers. Accountholder must ensure that identification codes (Driver IDs, Pin #’s, and Vehicle IDs) and payment instruments are safeguarded and kept separate from one another.

ACCOUNTHOLDER CREDIT / PAYMENTS

Accountholder shall furnish Company or Company’s agent with current financial information upon request. If Accountholder does not wish to provide current financial information, Accountholder may furnish the Company a bank letter of credit or other security that Company deems acceptable prior to the Company’s issuance of any payment instrument(s) to Accountholder. Accountholder shall pay all amounts payable for Transactions, any applicable fees and any and all applicable sales, use or other taxes that are imposed with respect to Accountholder’s use of the Program (other than Company’s income taxes). Company will from time to time provide Accountholder with invoices setting forth the amount due from Accountholder for the applicable payment cycle and the due date for such payment. Late payments will be assessed a late charge of 1 ½% per month, prorated until the date such payment is made in full. In addition, Accountholder shall weekly, or more frequently as may be determined to be necessary by Company necessary to keep the account balance within the line of credit or within payment terms, make payments to the Company or the Company’s designated agent. Accountholder agrees to Electronic Funds Transfer as the method of payment to Company. Company is authorized to initiate payment on the applicable billing date. This authorization is to remain in effect for 12 months or until Company is notified, in writing, of cancellation, whichever is later. If funds are found to be insufficient, Accountholder is subject to a NSF charge and an administration fee of up to 15% of NSF amount or, if less, the maximum amount allowed by law. If Accountholder’s bank or Accountholder for any reason should fail to timely pay any amount due Company, Accountholder understands and agrees that Company may immediately suspend all payment instruments held by Accountholder and draw against the letter of credit or other security held by the Company on behalf of the Accountholder. Any payments received will be applied first to any unpaid charges and fees, then to the past due balance, then to any new purchases. Company may raise or lower the credit line at its sole discretion without notification to Accountholder.

TERM AND TERMINATION

The initial term of this Agreement shall be for 1 year commencing on the Effective Date.  The term of this Agreement shall automatically renew for successive 1 year terms unless one party provides written notice of non-renewal to the other party at least ninety (90) days in advance of the end of the then-current term.  Upon termination, Accountholder will pay the sums due Company according to the above payment procedure. The paragraphs of this Agreement titled “Indemnification”, “Disclaimers and Limitations”, “Arbitration” and “Miscellaneous Provisions” shall survive any termination of this Agreement.

REPRESENTATIONS, WARRANTIES AND COVENANTS

Accountholder represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable agreement of Accountholder, and its execution and performance of this Agreement: (i) does not constitute a breach of any agreement of Accountholder with any other party, or of any duty arising in law or equity; (ii) does not violate any law, rule or regulation applicable to it; (iii) is within Accountholder’s powers; and (iv) has been authorized by all necessary action of Accountholder. Accountholder will comply with all, and will not use the Program in violation of any, applicable laws. Accountholder will provide Company with advance written notice of: (x) any change in Accountholder’s legal structure or legal name; (y) any consolidation, merger or sale of a substantial part of Accountholder’s assets; or (z) any change of control of Accountholder.

INDEMNIFICATION

Accountholder shall indemnify, defend and hold harmless Company, its directors, officers, employees, interest holders, affiliates, service providers and agents against any claims, losses, costs, fines, penalties or damages (including court costs and reasonable attorneys’ fees) (collectively, “Claims”) arising out of or related to Accountholder’s (and Authorized Users’ and their affiliates’, employees’, agents’ or representatives’): (i) negligent or willful misconduct; (ii) breach of this Agreement; (iii) use or misuse of the Program or any Service (including, without limitation, any use or misuse of any Application (as defined below)); or (iv) infringement or misappropriation of any intellectual property of a third party; in each case, except to the extent such Claim is caused by the gross negligence or willful misconduct of Company.

DISCLAIMERS AND LIMITATIONS

Neither the Company nor its service providers warrant that the Program or any products or Services provided hereunder (including, without limitation, any hardware, software or mobile application sold, leased, hosted or otherwise made available to Accountholder by or on behalf of Company or its service provider in connection with the Program or the Services (collectively, and including all related documentation, “Applications”)) will be provided uninterrupted or error-free, and Company and each of its service providers hereby disclaims any warranty of any kind to Accountholder, whether with respect to the Program, any products or Services provided by Company or its service providers hereunder, any Application or otherwise, including, without limitation, any warranty of title, merchantability, fitness for a particular purpose or non-infringement. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER THE COMPANY NOR ITS SERVICE PROVIDERS SHALL BE LIABLE TO THE ACCOUNTHOLDER, OR ITS OWNERS, EMPLOYEES OR CONTRACTORS,  OR ANY AFFILIATE OF ACCOUNTHOLDER OR ITS OWNERS, EMPLOYEES OR CONTRACTORS, WHETHER IN AN ACTION OF CONTRACT OR TORT,  FOR ANY LOST PROFITS, LOSS OF USE, LOST BUSINESS OPPORTUNITIES, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH THIS AGREEMENT, USE OF THE PROGRAM OR ANY PRODUCTS OR SERVICES OF COMPANY OR ITS SERVICE PROVIDERS PROVIDED HEREUNDER, (INCLUDING, WITHOUT LIMITATION, ANY APPLICATION), EACH OF WHICH IS HEREBY PRECLUDED AND WAIVED BY AGREEMENT OF THE PARTIES, EVEN IF THE APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DEFAULT

In the event Accountholder breaches or defaults on any of its obligations under this Agreement, Accountholder irrevocably authorizes Company, at Company’s option, to notify any person or entity providing financing to Accountholder or purchasing any account from Company (each, a “Lender/Factor”) of such default and Accountholder hereby irrevocably directs and authorizes any such Lender/Factor to wire directly to Company any funds available to such Lender/Factor as such Lender/Factor funds Accountholder or any funds received by such Lender/Factor as a payment on any accounts purchased by such Lender/Factor from Accountholder, until the balance from Accountholder to Company is paid in full. Accountholder is and shall be liable to Company for all costs and expenses incurred by Company in collection and enforcing its rights hereunder, including, but not limited to, late charges and attorney’s fees, if any, incurred by the Company to collect all amounts due on Accountholder’s account [and/or foreclosing on its lien and security interest]. Accountholder agrees that in the event of Accountholder’s default hereunder, Company may institute suit against the Accountholder in the courts described below and that service of process by certified mail, return receipt requested, postage prepaid and addressed to Accountholder shall be sufficient to confer jurisdiction of said courts, regardless of where Accountholder is geographically located or does business.

ARBITRATION

Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement (including, without limitation, disputes, controversies or claims arising out of the breach, termination or validity of this Agreement), whether legal or equitable, shall be finally resolved by arbitration; provided, however, that the foregoing shall not apply with respect to any action or claim by Company to collect from Accountholder any amount due on Accountholder’s account. The arbitrator or arbitration tribunal, as set forth in this paragraph, shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND EXPRESSLY WAIVE THE RIGHT TO ARBITRATE ON ANY TYPE OF CLASS, REPRESENTATIVE OR OTHER MULTI-PARTY BASIS. THE ARBITRATOR OR ARBITRATION TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ONE ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE ARBITRATOR’S OR ARBITRATION TRIBUNAL'S POWER TO RULE ON ITS OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE ARBITRATOR OR ARBITRATION TRIBUNAL HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS.  IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THIS PARAGRAPH WILL REMAIN IN FORCE. Either party may institute an arbitration proceeding by filing a claim with JAMS in Nashville, Tennessee.   At the time of filing the claim the filing party shall provide the other with a copy of the filing.  Any arbitration shall be undertaken pursuant to the Federal Arbitration Act, where applicable, and the decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction.  Arbitration shall be held in Nashville, Tennessee, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”), or, upon mutual agreement of the parties, the JAMS Optional Expedited Procedures. There shall be one (1) arbitrator unless the amount in controversy exceeds $1,000,000, in which case either party may elect to require a panel of three (3) arbitrators.   The single arbitrator shall be selected by mutual agreement of the parties, and if the parties cannot agree, the arbitrator shall be selected as prescribed the Rules. In the event the amount in controversy permits one party to elect to require a panel of three (3) arbitrators, and a party exercises that right, each party shall select one arbitrator and the two arbitrators shall select an independent third arbitrator to act as the chief arbitrator. The parties shall share equally the fees and expenses of the arbitrator(s) until conclusion of the matter.  The arbitrator(s) shall award the prevailing party its costs and attorneys’ fees in connection with the arbitration and shall order that the prevailing party be reimbursed for its share of arbitrator and JAMS fees incurred.  The decision of the arbitrator shall be accompanied by a reasoned opinion and is subject to the limitations stated in this Agreement.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. If either party determines the need to obtain emergency or preliminary injunctive relief, that party shall notify JAMS and the other party, in writing, of its intent to seek injunctive relief of the matter.   The Emergency Relief Procedures set forth in Rule 2(c) of the Rules shall govern such process.

CHANGES AND NEW TERMS

Company may change the terms of this Agreement, as well as effect new terms, from time to time in its sole discretion (each a “Change”).  Company will give notice of a Change in writing, or through its website or online portal.  Accountholder’s use of the Services after ten (10) days from the date notice of a Change was given constitutes acknowledgment and acceptance of the Change, as of the actual effective date of such Change.

CREDIT SUPPORT

At any time, and from time to time, Company may, in its sole discretion, require a personal guaranty or other credit support or security with respect to Accountholder’s obligations under this Agreement. In connection therewith, Company may require Accountholder or any other person providing such personal guaranty or other credit support or security to furnish such financial and other information as Company may determine to be necessary or desirable.

CREDIT INFORMATION

All financial and other information submitted by Accountholder or any other person in support of this Agreement is true and complete in all respects, and may be exchanged between Company and any third party associated with the Program.

NOTICE

Any written notice required under this Agreement must be given in writing to the proper address set forth herein and shall be deemed duly given or made (i) on the day following notice being directed to the receiving party by, either (a) nationally recognized overnight courier service, or (b) solely for notice to Accountholder, email; or (ii) five (5) days after it is sent by registered or certified mail, return receipt requested, postage prepaid.  Notice shall be provided to: if to Accountholder: the corporate address and at the attention of the primary contact set forth below or the email address set forth below; and if to Company: Attn: Customer Service, QuikQ Purchase Programs, 8650 College Boulevard, Overland Park, KS 66210.  A party may amend its designated notice address by giving notice of such amendment to the other party pursuant to the terms of this paragraph or as otherwise allowed by Company.

MISCELLANEOUS PROVISIONS

This Agreement shall be governed by the laws of the State of Tennessee, and it is agreed that, except as otherwise expressly set forth herein, the jurisdiction of any legal action connected with this Agreement shall be exclusively in the state or federal courts located in the State of Tennessee. Notwithstanding the foregoing, Company may, at its option, choose to pursue legal action against Accountholder in any state in which Accountholder does business or where jurisdiction may otherwise be proper. Each supplier, service provider, subcontractor or other third party retained or engaged by or with Company in connection with the Program is hereby expressly made a third party beneficiary of and to all rights and remedies of Company hereunder, and may enforce the provisions hereof as if it were a party hereto. Accountholder may not assign this Agreement or any interest, payment or rights under this Agreement for any reason, without Company’s prior written consent. Company may assign this Agreement and its obligations, transfer any right, or delegate any duty of performance under this Agreement to any person without consent or further notice. If any portion of this Agreement is held to be invalid, the remaining portions shall remain in full force and effect. Failure of either party to exercise any of its rights under this Agreement in a particular instance will not be construed as a permanent waiver of those rights. The parties agree voluntarily, intentionally and irrevocably to waive all right to trial by jury in any proceeding arising out of this Agreement, Accountholder’s application for credit, or any related documents. All remedies under this Agreement will be deemed cumulative and not exclusive.

FRAUD CONTROLS

Accountholder agrees to have daily transaction and spending limits in place on all payment instruments based on spending needs of its drivers. Accountholder must ensure that identification codes (Driver IDs, Pin #’s, and Vehicle IDs) and payment instruments are safeguarded and kept separate from one another.

The parties agree that, as a part of the Program and Services provided by Company to the Accountholder and for the benefit of its drivers, the Company may communicate with a participating driver via SMS text messaging so long as the driver consents to receiving SMS text messages.  Accountholder therefore agrees to (1) obtain express written consent from a participating driver that Company may communicate with the driver via SMS text messages; (2) provide adequate information to the driver that it may at any time opt-out of the consent to receive SMS text messages (and provide notice of any subsequent opt-out directive to the Company on a timely basis); and (3) obtain from the driver a valid phone number through which QuikQ may communicate the SMS text message(s) to the driver.  Accountholder agrees to indemnify QuikQ for any claims raised by a driver based on the Accountholder’s failure to obtain and comply with the information described in items (1) – (3) above in accordance with the terms of the “Indemnification” section of the Accountholder Agreement. 

ELECTRONIC CONSENT POLICY

Please read the following important information carefully and retain a copy for future reference. As part of your relationship with us, you have the right to receive certain information “in writing” – which means you are entitled to receive such information on paper. To better serve you, we would like to provide you with this information electronically, but we need your consent to use Electronic Records (defined below) in our relationship with you. This document informs you of your rights when receiving Electronic Records from us in connection with the QuikQ Fuel Card program for which you will apply (“Account”). You must read and consent to the terms outlined below.

Definitions

For purposes of this Electronic Consent Policy, the following terms have the following meaning:

1. “We,” “us,” and “our” refer to the QuikQ Fuel Card program (operated by QuikQ, LLC), Underwriting, Customer Support, and any other person who provides services related to your Account.
2. “You” and “your” means the person giving this consent, and also each additional applicant, accountholder, authorized user, and account contact on the QuikQ Fuel Card program you apply for.
3. “Electronic Records” are any legally-required disclosures, terms and conditions, agreements, Account information, notices, statements, and other information provided to you electronically.

Your Consent to Use Electronic Records and Signatures

By agreeing to this Electronic Consent Policy, you acknowledge receipt of this document, consent to the use of Electronic Records and electronic signatures in connection with your account (collectively, “Your Consent”). Your Consent is effective until you withdraw Your Consent. We may always, in our sole discretion, provide you with a document in writing, even when you have chosen to receive it electronically.

Requesting Paper Copies

You may request paper copies of Electronic Records at no cost by writing to us at Attn: Customer Service, QuikQ Fuel Card Program, 8650 College Boulevard, Overland Park, KS 66210, or emailing us customer@QuikQsupport.com.

Doing Business Electronically / Hardware and Software Requirements

Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described in this paragraph. To access and retain Electronic Records electronically, you will need to use the computer software and hardware identified below. “Current Version” means a version of the software or hardware that is currently being supported by its publisher. You will need the following:

• Internet access, Current Version (defined below) of a PDF reader (such as Adobe^® Acrobat),
• Current Version of an Internet browser (such as Chrome, Edge, Firefox, Internet Explorer and Safari),
• A personal computer, mobile device, or other device capable of supporting the requirements listed above.

If these requirements change in a way that creates a material risk that you would not be able to receive or retain your Electronic Records, we will notify you. Continuing to use Electronic Account Services after receiving notice of the change is reaffirmation of Your Consent.

Withdrawing Consent

You have the right to withdraw Your Consent at any time and at no cost to you. If you withdraw Your Consent prior to the approval of your application, this will prevent you from receiving credit from us based upon an online application. If at any time you wish to withdraw Your Consent, contact us toll free at 800.876.8584 or write to us at Attn: Customer Service, QuikQ Fuel Card Program, 8650 College Boulevard, Overland Park, KS 66210. If you withdraw Your Consent, the legal enforceability of any prior Electronic Record will not change.

Your Consent To Electronic Communications (“Communications”)

You provide your consent and agree that we may contact you for any lawful reason, including, but not limited to, in connection with your application and Account, including for the collection of amounts owed to us. We may contact you at such addresses or numbers (including wireless cellular telephone numbers and ported landline numbers) as you may provide to us from time to time. We may use any means of communication, including, but not limited to, postal mail, telephone, electronic mail, text messaging, voice messages, or other technology, to reach you.

By providing Your Consent, you

1. Acknowledge that you have the technical ability to access the Electronic Records in the designated formats described above;
2. Acknowledge that you have read the information about Electronic Records, Electronic Signatures and Communication;
3. Consent to having legally-required disclosures, terms and conditions, agreements, Account information, notices, statements, and other information provided or made available to you in electronic form and doing business with us electronically;
4. Acknowledge that you may request a paper copy of an Electronic Record at no charge to you; and
5. Indicate your intent to utilize electronic signatures to apply for credit and process transactions on your account.

For valuable consideration, the receipt of which is hereby acknowledged, including, without limitation, the extension of credit by QuikQ, LLC, its affiliates and its service providers, and any third party associated with any purchase program provided by QuikQ, LLC (individually and collectively, “Provider”), to the applicant (“Customer”) described in the foregoing Carrier Account and Credit Application (the “Application”), the undersigned (individually and collectively, “Guarantor”) unconditionally guarantees to Provider the full and prompt payment and performance by Customer of all obligations that Customer presently or hereafter may have to Provider, including, without limitation, Customer’s obligations under any Accountholder Agreement entered into between Customer and Provider. Guarantor agrees to indemnify Provider against any losses Provider may sustain and expenses Provider may incur as a result of any failure of Customer to perform any of its obligations under any agreement and any failure of Guarantor to perform its obligations under this Personal Guaranty, including, without limitation, reasonable attorneys’ fees, and against all costs and other expenses incurred in collecting or compromising any indebtedness of Customer guaranteed hereunder and in enforcing this Personal Guaranty against Guarantor. This Personal Guaranty shall be a continuing guaranty of payment and performance and shall not be relieved for any reason other than payment in full of the obligations guaranteed hereunder. Diligence, demand, protest and notice of any kind, as well as all other defenses available to sureties and guarantors, are hereby waived by Guarantor. Provider shall have the right to bring separate actions against Guarantor and Customer, notwithstanding that such actions may be related. However, Provider shall not be required to first bring suit or otherwise exhaust its remedies against Customer or any other person or entity before bringing any action against Guarantor for payment under this Personal Guaranty. This Personal Guaranty shall inure to and be binding on Guarantor’s heirs, successors and assigns and shall remain in full force and effect until Guarantor delivers to QuikQ, LLC written notice revoking this Personal Guaranty as to indebtedness incurred subsequent to delivery of such notice. Such notice shall not relieve Guarantor of any obligation under this Personal Guaranty. Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of the proposed credit to be extended to Customer and this Personal Guaranty, hereby individually (i) consents to and authorizes the Authorized Parties (as defined in the Application) to obtain a credit report with respect to such person and to obtain credit information from any relevant bank(s), in each case, at any time, and from time to time, for purposes of evaluating the creditworthiness of such person in connection with the proposed credit to be extended to Customer and this Personal Guaranty and (ii) acknowledges and agrees that any Authorized Party may distribute any such report or information to any other Authorized Party. If more than one Guarantor has executed this Personal Guaranty, then each of them shall be jointly and severally liable for all amounts and obligations which are or may become due under this Personal Guaranty, and the term “Guarantor” shall include each as well as all of them. This Personal Guaranty shall be governed by the laws of the State of Tennessee, without regard to conflict of law principles. 

The undersigned hereby (i) authorizes QuikQ, LLC its affiliates and service providers, and any third party associated with any purchase program provided by QuikQ, LLC (collectively, the “Authorized Parties”) to obtain credit reports with respect to such person/entity and to obtain credit information from any relevant bank(s), in each case, at any time, and from time to time, for purposes of evaluating the creditworthiness of such person/entity in connection with this credit application and such purchase program and (ii) acknowledges and agrees that any Authorized Party may distribute any such report or information to any other Authorized Party.