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Onyx Rewards Program Agreement


Welcome to ONYX Rewards. Our ONYX Rewards Program (the “Rewards Program”) rewards points earned from using your ONYX Card (“Card”) associated with your account. Please read and keep this Rewards Program Agreement (the “Rewards Agreement”). If you need a physical copy of this Rewards Agreement or if you have any questions, you can contact us via email at support@onyxprivate.com or visit https://www.onyxprivate.com (the “Website”). This Rewards Program is incorporated by reference into the ONYX Terms of Service, which may be found at: https://onyxprivate.com/terms-of-service.

Our Relationship

In this Rewards Agreement, the ONYX Card user is sometimes referred to as “you” or “your.” The provider of the Rewards Program, ONYX Card, LLC, is referred to as “ONYX,” “we,” “us” or “our.” You understand and acknowledge that we may share with Bank and/or Servicer (each as defined in the ONYX Deposit Account Agreement, which may be found at: https://onyxprivate.com/consumer-deposit-agreement (the “Account Agreement”)) any information you provide to us in connection with the Rewards Agreement terms to the extent authorized by our privacy policy. In addition, you understand and acknowledge that ONYX Card, LLC. and its affiliates are entitled to rely on the acknowledgements and agreements that you have made as a Card holder under the Cardholder Agreement.

Acceptance of Terms

By opening account and using your Card, you are eligible to participate in the Rewards Program. If you participate in the Rewards Program, you agree that the terms and conditions contained in this Rewards Agreement, as modified from time to time, will govern your participation in the Rewards Program. We reserve the right to update the Rewards Agreement at any time and may notify you of such changes via the Website or by email at the last known email address as provided by you, but we have no obligation to notify you of every update.

A. How Points Are Earned

1. Only authorized charges for the purchase of goods or services made with your Card, less any credits for charge reversals or other refunds (“Eligible Purchases”), will earn Points. “Points” are the rewards you earn under the program. You may also see, “ONYX Rewards” when referring to the Points you can use. Eligible Purchases do not include transfers from Onyx accounts to other Onyx accounts, yields received or investments made on Onyx platform, cash advances, balance transfers, any checks that access your account, items or services canceled or returned for credit, disputed or unauthorized purchases, fraudulent transactions, traveler’s checks, foreign currency purchases, money orders, ACH and wire transfers (and similar cash-like transactions), lottery tickets and gaming chips (and similar betting transactions), prepaid cards or cash equivalents, loads or reloads of balances on gift cards or person to person payments, account fees and charges (such as finance charges), fees for services you elect to receive through us, Rewards Program fees and charges, purchases made with points, interest, or purchases made when your Card is not in good standing. WE RESERVE THE RIGHT TO DETERMINE IN OUR SOLE DISCRETION WHETHER A PARTICULAR TRANSACTION IS AN ELIGIBLE PURCHASE OR TO INCLUDE OR EXCLUDE OTHER CHARGES FROM THE DEFINITION OF ELIGIBLE PURCHASES. Your Points balance may be reduced by any returns, credits or other refunds, charge reversals, chargebacks or other disputes, and a negative balance may result if such reductions for a particular billing cycle exceed Points for purchases of goods and services. If your Points balance is negative, we will apply any Points that you subsequently earn to your balance, and no Points will be redeemed for rewards until your balance becomes positive. Points cannot be purchased or transferred.

2. For each dollar of Eligible Purchases charged to your Card, we will within a week of the settlement of your Card transaction to your account reflect in your Onyx Rewards balance:

a. 3 Points for each $1 spent on purchases in the Digital Subscriptions, such as Netflix, HBO Max, Hulu, Amazon Prime, Audible, Peacock, Disney+, Roku, Spotify, Apple Music, Apple+. You may see the “3X” in marketing materials to refer to the 3 Points you earn for each $1 spent in the Digital Subscriptions category.
b. 2 Points for each $1 spent on purchases in Delivery and Ride Sharing, such as Uber, Lyft, Uber Eats, Doordash, Instacart, Grubhub and Caviar. You may see the “2X” in marketing materials to refer to the 2 Points you earn for each $1 spent in the Delivery and Ride Sharing category.
c. 1 Point for all other purchases including rent, groceries, gas fueling, purchases made in the travel, events & experiences, and luxury categories inside or outside of ONYX Concierge and purchases in the subscriptions. You may see the “1X” in marketing materials to refer to the 1 Point you earn for each $1 spent on all other purchases.
We are providing a limited time offer of 5 Reward Points for digital subscriptions and 2 Reward Points for dining, which is anticipated to end on March 31st, 2023. Notwithstanding the forgoing, the offer may be withdrawn or extended by Onyx at any time.

3. Rewards Categories: Merchants who accept the Card Network cards (Debit or Credit) are assigned a merchant code, which is determined by the merchant or its processor in accordance with VISA® procedures based on the kinds of products and services they primarily sell. We group similar merchant codes into categories for purposes of making rewards offers to you. Please note:
a. We make every effort to include all relevant merchant codes in our rewards categories. However, even though a merchant or some of the items that it sells may appear to fit within a rewards category, the merchant may not have a merchant code in that category. When this occurs, purchases with that merchant won’t qualify for rewards offers on purchases in that category.
b. Purchases submitted by you, an authorized user, or the merchant through third-party payment accounts, mobile or wireless Card readers, online or mobile digital wallets, or similar technology will not qualify in a rewards category if the technology is not set up to process the purchase in that rewards category.

4. Limitations and Offers
a. Limitations: Onyx Rewards are limited to $100 per month per ONYX Deposit Account. After this mark is achieved, all purchases will receive 0.5 Onyx Reward Points per purchase.
b. Special Offers: by opening account and using your Card, you are also eligible to participate in the Special Offers Rewards powered by Dosh® on qualifying purchases at participating merchants. You may see “Special Offers” when referring to the points earned under the Special Offers Rewards powered by Dosh program. For the current list of participating merchants and offers, please check the Onyx Card app. Participating merchants and offer terms may be changed from time to time without notice. Onyx Rewards will be disbursed to your Onyx Deposit Account. If you return, charge back, cancel, dispute, or otherwise request a refund for a qualifying purchase for which you have already received Onyx Rewards, we reserve the right to remove any related Onyx Rewards amount from your Onyx Deposit Account balance or withhold future Onyx Rewards to cover any such amount. For full Onyx Rewards terms, please review the Onyx Card Rewards Powered by Dosh Terms of Service and Privacy Policy (https://onyxprivate.com/rewards-dosh)

B. How you can use your Points

a. You can use your Points to redeem for any available reward options. Options currently include: checking account credit (cash back).
i. We may, from time to time, provide additional ways for you to use your Points in addition to those described in this agreement, such as through ONYX or third parties.
ii. Redemption values for reward options vary.
1. When you use Points to redeem for Deposit Account credit, each Point is worth $.01 (one cent), which means that 100 Points equals $1 in redemption value. Points deposited to your deposit account will be governed by the Deposit Account Agreement.

2. You are responsible for how Points are used.
a. To use your Points, minimum and maximum amounts may apply. We’ll let you know about any minimum or maximum amounts, as well as any additional terms and conditions, before you use your Points.
b. Once Points have been used, the transaction is considered final and may not be canceled unless otherwise noted.

C. How you could be prohibited from earning or using Points

a. We may temporarily prohibit you from earning Points or using Points you’ve already earned:
i. if we suspect that you’ve engaged in fraudulent activity related to your account or the program.
ii. if we suspect that you’ve misused the program in any way, for example:
1. by buying or selling Points
2. by selling, or participating in the sale or exchange of, gift cards, travel or other items of value obtained through use of Points
3. by repeatedly opening or otherwise maintaining an account(s) for the purpose of generating Points
4. by manufacturing spend for the purpose of generating Points iii. if we suspect you’ve misused, in any way:
1. a third-party merchant or service provider program with which Points may be used under this program
b. You can begin earning and using Points again when we no longer suspect fraud or misuse of the account or program.
c. If we or you close your account, you will no longer be able to earn or redeem your Points.

D. How you could lose Points

a. Your Points don’t expire as long as your account is open, however, you’ll immediately lose all your Points if your account status changes, or your account is closed, for any of the following reasons:
i. When you return an item you purchased with your enrolled Card or cancel a prepaid experience, the statement credit you will receive will cause a corresponding deduction of the Points you earned. In the event you don’t have sufficient Points to deduct in an amount equivalent to your purchase, the deduction will be reflected in the subsequent Points earned as needed to compensate for the refund.
ii. You fail to comply with this or other agreements you have with ONYX iii. We believe you may be unwilling or unable to pay your obligations on time
iv. We believe that you’ve engaged in fraudulent activity related to your account or the program
v. We believe that you’ve misused the program in any way
b. If we or you close your account, you will forfeit any accumulated Points or potential account credits.
c. We won’t reinstate Points you lose, unless we’ve made an error.
d. If your account is closed for any other reason, you’ll have at least 30 days from the date your account is closed to use your Points, as long as you don’t lose them for any of the reasons described in this agreement. If you don’t use your Points during that time, you’ll lose them.
e. If we decide to cancel the program, you’ll have at least 30 days from the date we cancel the program to use your Points, as long as you don’t lose them for any of the reasons described in this agreement. If you don’t use your Points during that time, you’ll lose them.
f. If we’re notified of your death, your Points will be automatically redeemed for cash in the form of an account credit.

E. Other important information you should know

a. Points are not your property and have no cash value. You cannot assign, transfer or move Points except as expressly provided in the Rewards Agreement. Further, you cannot combine your Points with the Points accrued by any other ONYX Rewards Program participant. Points are not intended as gifts or for gift-giving purposes and shall not be used as “gift certificates.” Additionally, Points cannot be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce.
b. Your participation in the program may result in miscellaneous income received from ONYX and we may be required to send you, and file with the IRS, a Form 1099-MISC (Miscellaneous Income) or Form 1042-S (Foreign Person’s U.S. Source Income Subject to Withholding) for the year in which you participate and are awarded the benefits of this program. You are responsible for any tax liability related to participating in this program. Please consult your tax advisor if you have any questions about your personal tax situation.
c. We may assign our rights and obligations under this agreement to a third party, who will then be entitled to any of our rights that we assign to them.
d. We’re not responsible for any disputes you may have with any authorized users on your account about the program.
e. We may change or terminate the Rewards Program at any time, with or without notice. If we decide to cancel the program, you’ll have at least 30 days from the date we cancel the program to use your points, as long as you don’t lose them for any of the reasons described in this agreement. You’ll be able to earn or use points during that time, but we may change or cancel certain rewards.
f. ONYX and its third-party service providers and their respective affiliates, directors, officers, employees, agents or contractors make no representations or warranties, either express or implied, including, those of merchantability, fitness for intended use or a particular purpose and otherwise arising by law, custom, usage, trade practice, course of dealing or course of performance. You release ONYX, its third-party service providers, and their respective affiliates, directors, officers, employees, agents and contractors for all activity in connection with the program, including but not limited to, use of the program, and any redemption for or purchase of products or services through the program.
g. You agree to indemnify and hold ONYX and its third-party service providers and all of their respective affiliates, directors, officers, employees, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an authorized user’s: use of the program, any fraud or misuse of the program, violation of this agreement and/or violation of any applicable law or the rights of any third party.
h. The merchants and third-party service providers that participate in the program are not affiliated with us and are not sponsors or co-sponsors of the program. All participating merchant and third-party service provider names, logos, and marks are used with permission and are the property of their respective owners. Participating merchants and third-party service providers are subject to change without notice.
i. Participating merchants and third-party service providers are responsible for the quality and performance of any products or services they provide. ONYX is not responsible for any aspects of the products and services provided by participating merchants or third-party service providers.
j. The program is void where prohibited by federal, state, or local law.
k. This agreement and use of the program is governed by federal law, as well as the law of Florida, and will apply no matter where you live or use the program.
l. If you want to opt-out of the reward program, you can submit a request to us by email to support@onyxprivate.com with the subject: Opt Out of Onyx Reward Program. Once you decide to leave the program, your points will be immediately canceled and any pending reward points you still have to earn will be voided,
m. We may enforce the terms of this agreement at any time. We may delay enforcement without losing our right to enforce this agreement at a later time. If any term of this agreement is found to be unenforceable, we may still enforce the other terms.

F. Communications

a. We may send communications about the program to you at any mailing or email address in our records or through our online services, such as https://onyxprivate.com/ or through the ONYX Concierge.
b. Let us know right away about any changes to your contact information using the Cardmember Services email address support@onyxprivate.com, Cardmember Services address on your Card billing statement or call the phone number on the back of your Card.

G. Telephone Monitoring and Consent

a. You agree that ONYX and its third-party service providers may listen to and record telephone calls when you contact Cardmember Services by phone as part of providing program services.
b. When you give a telephone number directly to us, or place a telephone call to us, you authorize us to place calls to you at that number. You understand that a “telephone number” includes a mobile phone number and “calls” include both telephone calls and text messages to or from your phone or mobile phone. Your consent allows us to use artificial or prerecorded voice messages and automatic dialing technology for information and Card service calls, but not for telemarketing or sales calls. If the phone number you provide is your mobile phone number, you give us consent to use text messages for informational and Card service messages, but not for telemarketing or sales messages. Message and data rates may apply. To opt out of telephone or text communications or update your preferences, call us at 1 (855) 435-4595 or send an email to support@onyxprivate.com.
Account Terms Last Modified: 01/26/2023