Morgan Stanley Blue Cash Preferred® American Express Card Agreement

Account & Service Control · Permission or license

Credit Limit and Cash Advance Limit are set by the issuer and may be changed even if you pay on time

The issuer assigns a Credit Limit to the Account and may make part of it available for cash advances (the Cash Advance Limit). There may also be a limit on how much you can withdraw from ATMs in a given period. The limits are shown on page 1 of Part 1 and on each billing statement. The issuer may increase or reduce the Credit Limit and the Cash Advance Limit, and may do so even if you pay on time and your Account is not in default.

Supporting quotations

We assign a Credit Limit to your Account. We may make part of your Credit Limit available for cash advances (Cash Advance Limit). There may also be a limit on the amount you can withdraw from ATMs in a given period.

The Credit Limit and Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement. We may increase or reduce your Credit Limit and Cash Advance Limit. We may do so even if you pay on time and your Account is not in default.

Qualifications & exceptions

• The issuer may raise or lower either limit, including when payments are on time and the Account is not in default.
• ATM withdrawal limits are described as something that "may" exist.

Not stated here

• The amounts of the limits are not in this text; they are on page 1 of the cardholder's Part 1 and on statements.
• The ATM withdrawal period and amount are not stated.

Account & Service Control · Company commitment

You agree to keep the balance within the Credit Limit and cash advances within the Cash Advance Limit

You agree to manage your Account so that (1) the Account balance, including fees and interest, is not more than the Credit Limit, and (2) the cash advance balance, including fees and interest, is not more than the Cash Advance Limit. If the issuer asks you to promptly pay the amount of the Account balance above the Credit Limit, you agree to do so. This duty coexists with the issuer's ability to approve charges over the limit without an overlimit fee.

Supporting quotations

You agree to manage your Account so that:

your Account balance (including fees and interest) is not more than your Credit Limit, and

your cash advance balance (including fees and interest) is not more than your Cash Advance Limit

If we ask you to promptly pay the amount of your Account balance above your Credit Limit, you agree to do so.

Qualifications & exceptions

• Both balances are counted with fees and interest included.
• The duty to promptly pay the amount over the Credit Limit arises when the issuer asks.

Cross-references

• contrast (model-proposed): No overlimit fee; the issuer may approve charges above the Credit Limit — You agree to keep the balance within the Credit Limit, yet the issuer may approve charges over it without an overlimit fee and may ask you to promptly pay the excess.

Account & Service Control · Restriction or exception

The Card is only for Morgan Stanley clients with an Eligible Account; the issuer may cancel if you do not maintain one

The Morgan Stanley Blue Cash Preferred American Express Card is only available for clients who have an Eligible Account with Morgan Stanley Smith Barney LLC (including E*TRADE from Morgan Stanley) or Morgan Stanley Private Bank, National Association. An Eligible Account is a brokerage or bank account held in your name, held by a trust where you are both grantor and trustee, or held as a beneficial owner of a personal holding company, a non-operating limited liability company, a non-operating limited partnership, or a similar legal entity. American Express will only issue the Card to a Morgan Stanley client who is an individual, or an individual associated with a Morgan Stanley client if the client is not itself an individual. Eligibility is subject to change, and American Express may cancel the Card Account and participation in the program if you do not maintain an Eligible Account.

Supporting quotations

Program Eligibility: The Morgan Stanley Blue Cash Preferred® American Express Card is only available for clients who have an Eligible Account with Morgan Stanley Smith Barney LLC (which includes E*TRADE from Morgan Stanley) or Morgan Stanley Private Bank, National Association. An Eligible Account is a brokerage or bank account (i) held in your name, (ii) held by a trust where you are both the grantor and trustee of such trust, or (iii) held as a beneficial owner of a personal holding company, a non-operating limited liability company, a non-operating limited partnership, or a similar legal entity.

American Express will only issue the Card to (1) a Morgan Stanley client who is an individual; and (2) an individual associated with a Morgan Stanley client (if the Morgan Stanley client itself is not an individual). Eligibility is subject to change. American Express may cancel your Card Account and participation in this program if you do not maintain an Eligible Account.

Qualifications & exceptions

• Eligibility is stated as subject to change.
• Cancellation for not maintaining an Eligible Account is a right the issuer "may" use.
• Ties to the forfeiture rule: cancellation leads to loss of the reward dollar balance.

Not stated here

• The text does not say how much notice is given before cancellation for not maintaining an Eligible Account.

Account & Service Control · Restriction or exception

The Card is issued only to Morgan Stanley clients who are individuals, or individuals associated with a client

American Express will only issue the Card to (1) a Morgan Stanley client who is an individual, or (2) an individual associated with a Morgan Stanley client when the client is not itself an individual. The client must hold an Eligible Account, meaning a brokerage or bank account held in your name, held by a trust where you are both the grantor and trustee, or held as a beneficial owner of a personal holding company, a non-operating limited liability company, a non-operating limited partnership or a similar legal entity. Eligibility is subject to change, and American Express may cancel the Card Account and participation in this program if you do not maintain an Eligible Account.

Supporting quotations

American Express will only issue the Card to (1) a Morgan Stanley client who is an individual; and (2) an individual associated with a Morgan Stanley client (if the Morgan Stanley client itself is not an individual). Eligibility is subject to change. American Express may cancel your Card Account and participation in this program if you do not maintain an Eligible Account.

An Eligible Account is a brokerage or bank account (i) held in your name, (ii) held by a trust where you are both the grantor and trustee of such trust, or (iii) held as a beneficial owner of a personal holding company, a non-operating limited liability company, a non-operating limited partnership, or a similar legal entity.

Qualifications & exceptions

• Eligibility is stated as subject to change.
• Cancellation is a right the issuer "may" exercise if an Eligible Account is not maintained.

Not stated here

• The text does not say how much notice is given before cancellation for not maintaining an Eligible Account.

Account & Service Control · Restriction or exception

Card use: charges allowed; plans, cash advances and balance transfers are at the issuer's discretion; personal use only

You may use the Card to make charges. At the issuer's discretion, it may permit you to create plans, make cash advances or balance transfers. You cannot transfer balances from any other account issued by the issuer or its affiliates. You agree to use the Card for personal, family, or household purposes only.

Supporting quotations

Using the Card: You may use the Card to make charges. At our discretion, we may permit you to create plans, make cash advances or balance transfers. You cannot transfer balances from any other account issued by us or our affiliates. You agree to use the Card for personal, family, or household purposes only.

Qualifications & exceptions

• Plans, cash advances and balance transfers depend on the issuer permitting them, at its discretion.
• Balance transfers from accounts issued by the issuer or its affiliates are not allowed.
• Use is limited to personal, family or household purposes.

Account & Service Control · Permission or license

The issuer may decline charges for various reasons and is not responsible for resulting losses

The issuer may decline to authorize a charge for various reasons, including if it suspects fraud or based on its assessment of your creditworthiness, even if the charge would not take you over your Credit Limit and even if your Account is not in default. It is not responsible for any losses you incur if it does not authorize a charge or if any merchant refuses to accept the Card.

Supporting quotations

Declined transactions: We may decline to authorize a charge for various reasons, including if we suspect fraud or based on our assessment of your creditworthiness, even if the charge would not cause you to go over your Credit Limit and even if your Account is not in default. We are not responsible for any losses you incur if we do not authorize a charge or if any merchant refuses to accept the Card.

Qualifications & exceptions

• The reasons given are examples ("various reasons, including").
• The issuer's non-responsibility is stated for losses from non-authorization or merchant refusal.

Account & Service Control · Permission or license

Additional Cards are issued at your request, and the issuer may report their use to credit reporting agencies

The issuer may issue additional Cards on your Account at your request. Additional Card Members can use your Account subject to the terms of the Agreement, and the issuer may report their use of your Account to credit reporting agencies. If an Annual Fee applies to Additional Cards on your Account, it is shown on page 2 of Part 1 of the Agreement (this Part 1 lists the Annual Fee for Additional Cards as None).

Supporting quotations

Additional Card Members: We may issue additional Cards on your Account at your request. Additional Card Members can use your Account subject to the terms of this Agreement and we may report their use of your Account to credit reporting agencies. If an Annual Fee applies to Additional Cards on your Account, it is shown on page 2 of Part 1 of this Agreement.

Qualifications & exceptions

• Issuance is at your request and described as something the issuer "may" do.

Account & Service Control · Company commitment

You answer for all Additional Card Member use and authorize the issuer to share Account information with them

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account, and you must pay for all charges made. You also authorize the issuer to give Additional Card Members information about your Account and to discuss it with them. Contact the issuer if you want to cancel an Additional Card Member's ability to use your Account.

Supporting quotations

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account and you must pay for all charges made. You also authorize us to give Additional Card Members information about your Account and to discuss it with them. Contact us if you want to cancel an Additional Card Member's ability to use your Account.

Qualifications & exceptions

• Responsibility extends to anyone an Additional Card Member allows to use the Account.

Account & Service Control · Company practice

Notices are sent by mail, courier or electronically and count as given when mailed or delivered electronically

The issuer sends notices by U.S. mail, courier, or electronically using the information in its records. It considers a notice given when it mails it or delivers it electronically, which is when it is sent rather than when you read it.

Supporting quotations

How we may contact you:

Sending you notices: We send notices by U.S. mail, courier, or electronically using the information in our records. We consider a notice given when we mail it or deliver it electronically.

Qualifications & exceptions

• A notice is considered given on mailing or electronic delivery.

Not stated here

• The text does not say which method is used for which notice.

Account & Service Control · Company commitment

You must tell the issuer immediately about contact changes, for each Account; it may update a billing address

You must notify the issuer immediately if you change your mailing address, email address or telephone number. If you have more than one Account, you need to notify it separately for each Account. The issuer may update your billing address if it receives information that it has changed or is incorrect.

Supporting quotations

Changing your contact information: You must notify us immediately if you change your mailing address, email address, or telephone number. If you have more than one Account, you need to notify us separately for each Account. We may update your billing address if we receive information that it has changed or is incorrect.

Account & Service Control · Restriction or exception

The issuer may treat the Account as in default for violations, false information, bankruptcy or inability to pay

The issuer may consider your Account to be in default if you violate a provision of the Agreement, give it false information, file for bankruptcy, default under another agreement you have with it or an affiliate, or if it believes you are unable or unwilling to pay your debts when due. The last ground depends on the issuer's belief.

Supporting quotations

Default: We may consider your Account to be in default if:

you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

you default under another agreement you have with us or an affiliate, or

we believe you are unable or unwilling to pay your debts when due.

Qualifications & exceptions

• Stated as "may consider": a right, not an automatic default.
• One ground is the issuer's own belief that you are unable or unwilling to pay your debts when due.

Not stated here

• Any other agreement you have with the issuer or an affiliate is not supplied here, so this card cannot say what counts as a default under it.
• What counts as a violation of a provision, or as false information, is not defined in this passage.

Account & Service Control · Permission or license

After default, incapacity or death the issuer may suspend charges, cancel features, and require immediate payment

If the issuer considers your Account in default, or if you become incapacitated or die, it may, to the extent permitted by federal and applicable state law, suspend your ability to make charges, cancel or suspend any feature on your Account, require you to pay more than your Minimum Payment Due immediately, and require you to pay your Account balance immediately.

Supporting quotations

If we consider your Account in default, or if you become incapacitated or die, we may, to the extent permitted by federal and applicable state law:

suspend your ability to make charges,

cancel or suspend any feature on your Account,

require you to pay more than your Minimum Payment Due immediately, and

require you to pay your Account balance immediately.

Qualifications & exceptions

• Limited to what federal and applicable state law permit.
• Triggered by default, incapacity or death.

Account & Service Control · Permission or license

The issuer may cancel or suspend the Account at any time for any reason; you still owe all charges

The issuer may, at any time and for any reason, cancel your Account, suspend your ability to make charges, or cancel or suspend any feature on your Account. If it does any of these, you must still pay for all charges under the terms of the Agreement; a charge is any amount added to the Account, such as purchases, cash advances, balance transfers, fees and interest. If it later agrees to reinstate the Account, it may reinstate any additional Cards issued on your Account and charge you any applicable annual fees and a fee to reinstate the Account.

Supporting quotations

Closing or suspending your Account: We may, at any time and for any reason: cancel your Account, suspend your ability to make charges, cancel or suspend any feature on your Account. If we do any of these, you must still pay us for all charges under the terms of this Agreement. If we later agree to reinstate your Account, we may reinstate any additional Cards issued on your Account and charge you any applicable annual fees and a fee to reinstate the Account.

A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees, and interest charges.

Qualifications & exceptions

• No reason is required: "at any time and for any reason".
• Reinstatement is at the issuer's agreement and may carry annual fees and a reinstatement fee.

Not stated here

• The reinstatement fee amount is not stated in this paragraph; the following paragraph states a $25 fee if a cancelled account is re-opened at your request.

Account & Service Control · Permission or license

The issuer may add, modify or remove any benefit, feature or service at its discretion

The issuer has the right to add, modify or remove any benefit, feature or service included with or related to your Account at its discretion.

Supporting quotations

Changing benefits: We have the right to add, modify or remove any benefit, feature or service included with or related to your Account at our discretion.

Not stated here

• The text does not say whether notice is given before a benefit is changed or removed.