PLEASE NOTE: This document likely contains errors. It was computer generated via optical character recognition (OCR) from the original terms and condition document agreement. The original photo-scanned copy of this document is avaialble at: http://www.knowzy.com/Personal_Finance/Credit/Credit_Cards/Payment_Protection_Plans/Discover_Payment_Protection-Terms_of_Service.doc Read about payment protection at Knowzy: http://www.knowzy.com/payment-protection-plans.htm --------------------------------------------------------------- DISCOVER® CARD DISCOVER® PAYMENT PROTECTION TERMS AND CONDITIONS Please read these terms and conditions carefully. They describe important limitations, exclusions and required procedures. General You have enrolled in the Discover® Payment Protection program. Payment Protection is an optional product and is not required to maintain your Discover Card. These terms and conditions are part of your Discover Cardmember Agreement and all provisions of the Cardmember Agreement, including the provisions relating to arbitration, will continue to apply except as provided otherwise in these terms and conditions. Payment Protection will apply to the Discover Card Account (“Account”) referenced on your Benefit Summary. Discover Payment Protection is not insurance and only the Death Benefit will pay off any of your balance. Some things do not go as planned in life, and when unexpected things happen, you do not want to worry about your Discover Card payments. That’s why Payment Protection provides “Hardship Benefits” during which we will not impose any Periodic Finance Charges, Late Fees, Overlimit Fees, Payment Protection Fees and/or Minimum Payments Due for up to 24 billing periods. Additionally, if no Minimum Payment Due on your Account is past due at the time you activate Hardship Benefits, you may also qualify to use up to $1,500 of your Account’s available credit during the Benefit Period to make purchases (but not balance transfers or cash advances). We also recognize that even celebrations in life can burden you with additional expense. For these events, Payment Protection provides one billing period of “Celebration Benefits,” during which we will not impose any Periodic Finance Charges, Late Fees, Overlimit Fees, Payment Protection Fees and/or Minimum Payments Due and you will be able to continue using your Account. 1. Description of the Benefits and General Definitions Most capitalized terms are defined below or elsewhere in these terms and conditions. Other capitalized terms are defined in your Cardmember Agreement. A. “We,” “ours,” and “us” mean Discover Bank, the issuer of your Discover Card. B. “You” and “your” mean each Cardmember who is contractually liable for the Account under your Discover Cardmember Agreement. C. “Covered Event” means: (a) Involuntary Unemployment, Disability, Leave of Absence, Federal or State Disaster, Hospitalization, and Death of a Child, Spouse or Domestic Partner, for which Hardship Benefits are available and )b) the following events for which Celebration Benefits are available: marriage, move to a new primary residence, childbirth, adoption, graduation, new job, promotion, and retirement. D. “Benefit Period” means the time that your Account is in Deferral status. E. “Initial Benefit Period” means the monthly billing period in which benefits are first approved for any Covered Event. F. “Deferral” means that we will not impose any Periodic Finance Charges, Late Fees, Overlimit Fees, Payment Protection Fees and/or Minimum Payments Due during the Initial Benefit Period or any subsequent monthly billing period in which benefits are continuing. If you make a balance transfer or obtain a cash advance while you are receiving Celebration Benefits, we will impose any balance transfer and/or cash advance transaction fee finance charges set forth in your Discover Cardmember Agreement or in the balance transfer offer. Once your Benefit Period ends, we will resume imposing Periodic Finance Charges, Late Fees, Overlimit Fees, Payment Protection Fees and Minimum Payments Due. G. “Covered Person” means you, your Spouse, your Domestic Partner, a person shown on our records at the start of a Covered Event as an Authorized User of your Account, or a person in your Household who has a higher employment income than you at the start of a Covered Event. While only you can request and receive benefits, you may qualify for benefits through other Covered Persons. H. “Domestic Partner” means (a) a person who is not related to you, with whom you are in a committed relationship and, who is a member of your Household, where neither the person nor you are legally married to anyone else or are a domestic partner of anyone else; or (b) a person with whom you have registered as domestic partners pursuant to a domestic partnership law or ordinance of a state or local government and who is a member of your Household. I. “Spouse” means someone to whom you are legally married and who is a member of your Household. J. “Household” means a group of persons who regularly occupy the same residence and have the same permanent residential address. 2. Important Limitations on Benefits and Use of Your Account During Benefit Period A. General Activation Requirements You can generally activate Payment Protection benefits as soon as you receive your Benefit Summary. For Involuntary Unemployment and Disability, you cannot apply for benefits unless the event of unemployment or disability is continuing and has lasted for at least 15 consecutive days. You can never receive benefits for a Covered Event that begins before your enrollment (or reinstatement) in Payment Protection. You must be enrolled in Payment Protection at the time you request a Deferral. You should notify us as soon as is reasonably possible after the start of a Covered Event. Retroactive Deferrals will nor be granted and any delay in notification may shorten your Benefit Period. You must provide any evidence we reasonably requite of the start and continuation of any Covered Event. Generally, we require evidence before activation of any benefits and every two billing periods after activation for Hardship Benefits, but we reserve the right to require evidence at any time for any benefits. If required evidence is not supplied, your benefits will be denied or discontinued and regular billing will resume. You will only be eligible for one Deferral per Covered Event. There must be at least one billing period between separate Benefit Periods. B. Denial of Benefits or Suspension from Program If your credit privileges are suspended on your Account, your enrollment in Payment Protection will be suspended without notice. You will NOT qualify for any Celebration Benefits if, on the day we review your request for Payment Protection benefits, all or any portion of any Minimum Payment Due on your Account remains unpaid after the Payment Due Date on the billing statement first showing such Minimum Payment Due. You will NOT qualify for any Hardship Benefits and you will be suspended from Payment Protection without notice if, as of the end of any hilling period, all or any portion of any Minimum Payment Due on your Account remains unpaid for at least 90 days after the date of the billing statement first showing such Minimum Payment Due. If during any subsequent billing period, you eliminate the reason your participation in the program was suspended, you may be reinstated in Payment Protection and your Payment Protection Fee for that billing period will be calculated based on your Account balance at the end of that billing period. You do not need to apply for reinstatement and will not receive any advance notice of reinstatement. If your Account is closed, your enrollment in Payment Protection will be canceled without notice and will not be reinstated. Covered Events that begin or occur while Payment Protection benefits are suspended or canceled are not eligible for benefits. If you die while your enrollment in Payment Protection is suspended or canceled, you will not be eligible for the Death Benefit. C. Your Obligation to Make Payments Until You Receive Notice That You Have Been Granted a Deferral Until you are notified that you have been granted a Deferral, Finance Charges and fees will continue to accrue on your Account and you must continue to make your Minimum Payment Due. D. Reasons Why Benefits May End Once begun, Deferral benefits will end as of the beginning of the billing period in which the earliest of the following occurs: (a) the Covered Event ends or you fail to provide, on a timely basis, necessary evidence that the Covered Event is continuing; (b) you have previously received benefits for the maximum period available; (c) you die (provided that you may be eligible for the Death Benefit); (d) you file for bankruptcy; or (e) we discover that any information you provided in connection with your request for benefits was materially inaccurate. E. Delinquent Accounts in Deferral If any Minimum Payment Due on your Account is past due when benefits are activated, we will continue to report this status to the credit bureaus. While you are on benefit your level of delinquency will not increase, but when your Benefit Period ends, your level of delinquency will increase unless we receive the required Minimum Payment Due. F. Limits on Use of Account You may use your Account at the same time you receive Celebration Benefits. Also, if no Minimum Payment Due on your Account is past due when you activate Hardship Benefits, you will qualify to use up to $1,500 of your Account’s available credit to make purchases (but not balance transfers or cash advances) during the Benefit Period (“Hardship Use”). You must request Hardship Use during a Deferral as this benefit will not be automatic. You may request Hardship Use at the time you activate Hardship Benefits or at any time during your Deferral. If, at the time you activate Hardship Benefits, any Minimum Payment Due is past due, you will not qualify for Hardship Use, but you may qualify for a Deferral as long as any Minimum Payment Due is not past due more than 89 days after the date of the billing statement first showing such Minimum Payment Due. Once your Benefit Period ends, you will be able to use the full amount of your Account’s available credit, subject to the terms of your Discover Cardmember Agreement. You agree that (a) you will not engage in any extraordinary use of your Account after the beginning of a Covered Event that qualifies or may qualify for Hardship Benefits; and (b) unless you qualify for Hardship Use, you will not use your Account while you are receiving Hardship Benefits. Payment Protection benefits may be denied or revoked if we detect abuse of this Limits on Use of Account provision. G. Promotional APRs If you have introductory or promotional annual percentage rates (“APRs”) that are being applied to any balances on your Account during the Deferral, the length of the introductory or promotional period for those APRs will not be extended as a result of the Deferral but such balances will not accrue Periodic Finance Charges during the Deferral. 3. Hardship Benefits Hardship Benefits are provided for a Covered Person’s: (a) Involuntary Unemployment; (b) Disability; (c) Leave of Absence; (d) Federal or State Disaster; (e) Hospitalization; and (f) Death of a Child, Spouse or Domestic Partner. Benefit Period You may be granted Hardship Benefits for up to three billing periods on a provisional basis if you satisfactorily answer certain questions during the initial phone call and we determine, at our sole discretion, that your situation qualifies for benefits. For Involuntary Unemployment and Disability this must include satisfactory evidence that the event has lasted for at least 15 consecutive days. We may deny or revoke provisional benefits if: (a) we believe the answers to the questions in the initial call were inaccurate in any way; or (b) we determine that you do nor qualify for benefits for any reason. If we provide you with provisional benefits, the period of your permanent benefits, if any, will be reduced by the period of provisional benefits you receive. If we revoke benefits, your Deferral will end. Hardship Benefits will commence as of the beginning of the billing period in which we determine that you qualify for benefits. Hardship Benefits will be provided for not more than a total of 24 billing periods, for a single Coveted Event, but may end sooner as indicated in Section 2D above. If Hardship Benefits end early due to your failure, to provide satisfactory evidence that the Covered Event is continuing, we may reinstate such benefits if you’re enrolled in Payment Protection at the time you request reinstatement and you provide us with satisfactory evidence that the Covered Event is continuing., If benefits are reinstated for a Covered Event, they are considered to have begun on the first date that benefits were previously provided for such Covered Event prior to reinstatement. The period of time from when benefits first begin for a Covered Event to when they end, including any intervening period during which benefits are not being provided if they are later reinstated, cannot exceed 24 consecutive billing periods. A. Involuntary Unemployment “Involuntary unemployment” Defined “Involuntary unemployment means a Covered Person suffers a total loss of salary or Wages as the result of the loss of employment due to layoff, general strike, lockout, or involuntary termination of employment by the employer (excluding termination fur willful or criminal misconduct). To be entitled for Involuntary Unemployment benefits, the Covered Person (a) must have been continuously working for salary or wages for at least 30 hours per week (15 hours per week if a full- time student) for the 30 calendar days immediately before the Covered Person becomes unemployed; (b) most be unemployed at the time of benefit activation for at least 15 consecutive days; (c) most qualify for state unemployment benefits or register for employment resources (such as job search and/or job training with their state agency( (proof of registration may be required(; and (d) must continue to meet these qualifications during the entire Benefit Period. Special Rule for Self-Employed Covered Persons If the Covered Person is self-employed you may be eligible for a Deferral of exactly three billing periods if the Covered Person’s business location has suffered one of the following events: (a) property or inventory damage; (b) a business closure for at least S business days due to fire or flood; or (c) the initiation of a lawsuit in connection with the business. To qualify for a Deferral, photos showing the property or inventory damage, fire reports, proof of the business closing or a copy of the complaint and/or other papers in the lawsuit, may be required. Exclusions You do NOT qualify for Involuntary Unemployment benefits if the Covered Person loses employment due to: (a) resignation; (b) retirement; (c) disability caused by sickness, illness, disease, accident, injury or pregnancy; (d) willful or criminal misconduct; or (e) scheduled termination of an employment contract. B. Disability “Disability” Defined “Disability” means the Covered Person suffers an accident or illness that prevents the Covered Person from performing the material and substantial duties of the job or, if the Covered Person is retired or otherwise unemployed, that would prevent the Covered Person from performing the normal material and substantial activities for a person of the same age. To be entitled to Disability benefits, the Covered Person must be under the continuous treatment of a physician who verifies the Disability and the continuous treatment. The Covered Person most be disabled for at least 15 consecutive days, and must still be disabled at the time of benefit activation in order for you to qualify for benefits. Exclusions You do NOT qualify for Disability benefits if the Covered Person loses employment or suffers an accident or illness due to: (a) childbirth; (b) normal pregnancy; (c) intentionally self-inflicted injuries; or (d) circumstances or conditions known to the Covered Person or anticipated by the Covered Person at the time you enrolled in Payment Protection, including, without limitation, known pre-existing conditions. C. Leave of Absence “Leave of Absence” Defined “Leave of Absence” means the Covered Person’s leave of absence from employment: (a) to care for a new baby, a new adopted child or an incapacitated family member (parent, child, Spouse or Domestic Partner); or (b) as a result of a recall to active military service. To be entitled to Leave of Absence benefits, the Covered Person most have been continuously working (and not self-employed) for salary or wages for at least 30 hours per week (15 hours per week if a full-time student) for the 30 calendar days immediately before the beginning of the Leave of Absence. Also, you must provide documentation verifying that the Covered Person has been granted an employer-approved leave of absence and must state the reason for the leave of absence. D. Federal or State Disaster “Federal or State Disaster” Defined “Federal or State Disaster” means that a Covered Person lost income of $500 or more or suffered property damage of $oo or more due to a federal or state declared disaster in the place where the Covered Person resides or is employed. You will be eligible for a Deferral of exactly three billing periods. You may qualify for benefits beyond this initial period (not to exceed the maximum Benefit Period of 24 billing periods> as long as adequate evidence of new losses or unrepaired property damage beyond this initial period is provided. E. Hospitalization “Hospitalization” Defined “Hospitalization” means a Covered Person’s admission to a licensed hospital under a physician’s care for at least one overnight stay. You will be eligible for a Deferral of exactly three billing periods after one overnight stay and may qualify for benefits beyond this initial period (not to exceed the maximum Benefit Period of 24 billing periods> if the Covered Person remains continuously hospitalized, or is placed and remains in a long term care facility beyond the end of this initial period. Exclusions You do NOT qualify for Hospitalization benefits if the Covered Person’s hospitalization is due to circumstances or conditions known to the Covered Person or anticipated by the Covered Person at the time you enrolled in Payment Protection, including, without limitation, known pre-existing conditions. F. Death of Child, Spouse or Domestic Partner “Death of Child, Spouse or Domestic Partner” Defined “Death of Child, Spouse or Domestic Partner” means the death of a Covered Person’s child, Spouse or Domestic Partner. This benefit does not cancel any part of your balance. If we require a death certificate, you will be required to provide it within 12 months of the date of death. You will be eligible for a Deferral of exactly three billing periods upon proof of death of a Covered Person’s child, Spouse or Domestic Partner and may qualify for benefits beyond this initial period (not to exceed the maximum Benefit Period of 24 billing periods> if the Covered Person is under the care of a physician who verifies the loss of normal daily functions due to depression beyond the end of this initial period. 4. Celebration Benefits Celebration Benefits are provided for a Covered Person’s (a) marriage; (b) move to a new primary residence; (c) adoption or birth of a child; (d) graduation from high school, college, university or graduate school; (e) new job or job promotion; or (f) retirement. Benefit Period Celebration Benefits will be provided for the billing period in which we determine, at our sole discretion, that you have provided satisfactory evidence that your situation qualifies for benefits within the past six months. Celebration Benefits are provided for one billing period. Thus, the Initial Benefit Period is the entire Benefit Period. You maybe approved for up to two Celebration Benefits per calendar year as long as there is at least one billing period in between Benefit Periods. 5. Death Benefit Depending upon your state of residence when you enroll in Payment Protection, you maybe eligible for balance cancellation in the event of your death. If you are eligible, we will cancel the total balance on your Account as of the date of your death, up to $25,000. In the event of your death, your estate or surviving Cardmember will be responsible for any charges made after the date of your death and any balance remaining on your Account after the Death Benefit is applied, including any applicable fees and finance charges. Exclusions You will not be eligible for this benefit if your death results from war or acts of war (declared or undeclared) or acts of terrorism. This benefit does not apply to a Covered Person other than you. The balance cancellation benefit may be denied or revoked if we discover extraordinary use of your Account prior to your death. Qualifications A certified death certificate must be provided within 12 months of the date of death in order for your Account to qualify for the balance cancellation. We may also request additional documentation. The Death Benefit is not available in all states. If our records at the time of enrollment showed that you lived in a state that does not permit Death Benefits, we would have advised you that you are not entitled to Death Benefits (and would not have charged you for Death Benefits). Tax Considerations The amount of debt canceled may be taxable to your estate. Please consult with your tax advisor concerning the tax consequences of a balance cancellation. 6. Application for Benefits To apply for benefits, you must call Discover Payment Protection Customer Service at 1-877-883-1959 (or such other number as we may provide from time to time) or write to Discover Payment Protection Customer Service, P0 Box 979013, Miami, FL 33197-9013 (or such other address as we may provide from time to time). Once you apply for benefits, we will generally send you written verification forms and a checklist showing the evidence of the Covered Event you must provide. If you have any questions on whether or not you might qualify for benefits, please call or write Discover Payment Protection Customer Service. 7. Further Information If you have any questions concerning Payment Protection, you can call or write Discover Payment Protection Customer Service. You can call toll free at 1-877-883-1959 (or such other number as we may provide from time to time) from 8:00 am to 8:00 pm Eastern Time, Monday through Friday. You can Write Discover Payment Protection Customer Service, P0 Box 105272, Atlanta, GA 30348-5272 (or such other address as we may provide from time to time>. 8. Waiver of Requirements We reserve the right to waive any of the requirements described above, in our sole discretion. However, if we do so, we will not be obligated to waive the same requirements in any other situation and our waiver of one or more requirements will not constitute a waiver of any other requirements. Our waiver for one Cardmember does not require us to grant an identical or similar waiver for you or any other Cardmember. A waiver of a requirement may be terminated immediately at any time upon written notice to you. 9. Change in Terms We may change the Payment Protection terms and fees at any time. However, if we make a change that is unfavorable to you or involves an additional charge, we will give you advance written notice and a reasonable opportunity to cancel Payment Protection without penalty, and no change will reduce the benefits available to you for any Covered Event for which you are already receiving benefits at the time of such notice. 10. Enrollment Cancellation You or we may cancel your enrollment in Payment Protection at any time and for any reason, provided that no such cancellation shall affect your right to benefits for any Covered Event for which you are already receiving benefits at the time of such cancellation. If we cancel, we will give you written notice of cancellation, except as provided below, If you decide to cancel, you must give notice of cancellation by calling 1-877-883-1959 (or such other number as we may provide from time to time> or writing to Discover Payment Protection Customer Service, P0 Box 105272, Atlanta, GA 30348-5272 (or such other address as we may provide from time to time). Your enrollment in Discover Payment Protection will be canceled automatically without notice if your Account is closed for any reason; however, Death Benefits will be paid to the Account as long as you were enrolled in Payment Protection on the date of your death and the requirements for the Death Benefit described in Section 5 are met. If you provide notice of cancellation within 30 calendar days after your enrollment date, we will credit your Account for any Payment Protection Fees you have been charged. 11. Payment Protection Fees To compute the monthly Fee for Payment Protection, we take the balance on your Account at the end of each billing period (excluding the Payment Protection Fee), divide the balance by 100 and then multiply the result by the rate specified in your Benefit Summary (or the rate we subsequently specify in a change in terms notice). The Fee will be shown on your Account billing statement and will be included in the balance due on your Account for each billing period. 12. Periodic Finance Charges After End of Benefit Period We will not charge any Periodic Finance Charge at all during any period you are receiving Payment Protection benefits. However, we will resume charging Periodic Finance Charges immediately after the end of your Benefit Period. Note that Payment Protection benefits do not serve to extend or otherwise change the “grace period” for new purchases described in your Discover Cardmember Agreement under the caption “Finance Charges.” Even though the billing statements you receive for the Benefit Period will not show a Minimum Payment Due, you will lose the grace period for any new purchases made during the Benefit Period if you do not pay the entire New Balance shown on the last statement for your Benefit Period by the Payment Due Date on that statement. (C) 2009 Discover Bank, Member FDIC DIS43TC DF228728- 0309