JOINT MARKETING AGREEMENT
This Agreement is entered into as of this 19 th day of December, 2002 by and between MBNA AMERICA BANK, N.A., a
national banking association having its principal place of business in Wilmington, Delaware (“MBNA”), and ABC BANCORP, a
Georgia corporation having its principal place of business in Moultrie, Georgia (“ABC”), for themselves and their respective
successors and assigns.
In addition to the terms specifically defined elsewhere in this Agreement, when used in this Agreement, the term:
(a) “ABC Affiliate” means any entity which, directly or indirectly, owns or controls, is owned or controlled by, or is under
common ownership or control with, ABC.
(b) “ABC Customer” means a past or present customer of ABC and/or other potential participants mutually agreed to by
ABC and MBNA.
(c) “Acquired Account” means a retail consumer credit card account purchased by MBNA from an ABC Affiliate pursuant
to the Asset Purchase Agreement. ABC agrees that the Acquired Accounts shall not generate any Royalty compensation.
(d) “Acquired Business Account” means a business credit card account purchased by MBNA from an ABC Affiliate
pursuant to the Asset Purchase Agreement. ABC agrees that the Acquired Business Accounts shall not generate any Royalty
(e) “Agreement” means this agreement and Schedules A, B and C.
(f) “Asset Purchase Agreement” means the asset purchase agreement executed concurrently herewith by and between
MBNA and ABC or an ABC Affiliate whereby MBNA is to purchase certain retail and business credit card accounts of ABC or
an ABC Affiliate.
(g) “Branch Solicitation Program” or “BSP” means any marketing or other program whereby ABC or an ABC Affiliate
distributes take-one applications for the Program at its branches or in ABC or an ABC Affiliate Customer statements, or ABC or
an ABC Affiliate conducts solicitation efforts for the Progra