Marathon Fleet Card Terms

The late fee will be calculated by determining the total balance due on the date your account becomes delinquent, as follows:  adding the total amount due on your Account on the payment due date together with any purchases posted to your Account from the end of the last billing cycle through the payment due date and subtracting from that amount any payments and/or credits entered during that period.  The total balance due will then be multiplied by the applicable periodic rate to determine your late fee.  In the event that the calculated late fee is less than ten dollars ($10.00), a minimum late fee of ten dollars ($10.00) will be charged.

7. APPLICATION OF PAYMENTS:Payments will be applied first to unpaid late fees and then to the unpaid balance of each product or service purchased in the order of its purchase.

8. CHANGES IN TERMS:You agree that we may change the rates, charges, and other terms described in this Agreement (including our Fee Schedule), as well as introduce new terms and fees (such as delinquency charges, insufficient funds charges and supplemental processing fees) unless prohibited by applicable law, provided you are given advance written notice by us except when advance written notice is not required pursuant to other provisions of this Agreement.  Any amendments to your Account will apply to the then existing balance of your Account to the extent permitted or required by applicable law.

9. PREPAYMENT:You may pay your Account balance, or a portion of it, at any time without penalty.

10. DEFAULT: If you: a) default on this Agreement or any other lending agreement between you and us by not paying any payment when due; b) exceed your credit line; or c) breach any other term of this Agreement or any other lending agreement between you and us, then we may:  i) suspend or terminate your Account(s) and/or Cards; ii) demand immediate payment of the entire Account balance; and iii) start a lawsuit for collection of the Account balance, subject to any notice of default and right to cure required by applicable law.  To the extent not prohibited by applicable law, you agree to pay all collection costs, including reasonable attorneys’ fees.

11. CARDS AND ACCOUNTS:You request Cards from us for use according to this Agreement by individuals, or in connection with specific vehicles, to be identified to us.  All Cards will be valid through the expiration date listed on the Card unless the Card has been suspended or terminated.  We may issue renewal Cards prior to their expiration date.  You agree that you will destroy expired Cards or Cards for which a replacement Card has been issued.  All renewal Cards or any additional Cards you request will be subject to the terms of this Agreement as in effect at the time of that renewal or issuance.  You may ask us to:  a) issue additional Cards or replacement Cards; b) suspend or terminate Cards; or c) change the authorized use or user(s) of Cards.  We may, in our sole discretion, suspend or terminate any Account or Card or refuse to authorize any charge, at any time.  Unless you report any errors in your Account information or Cards within three (3) business days of your receipt thereof, we are entitled to rely on that information for processing your Account. 
You agree that this Agreement controls all charges made on your Account by you or any person who uses a Card or your Account.  It is your responsibility to notify us of your revocation of any person or user’s authority to use or access your Account, Cards, or DINs.  You will remain liable to us for any charges until such time as we receive notice.  You agree that use of a Card and the applicable DIN will constitute authorized use for all purposes.  We have no obligation or responsibility to you in the event that any merchant, entity or person refuses to honor a Card.  If you choose to leave a Card at a merchant for use by your drivers, then you are responsible for any unauthorized use of that Card and agree to pay for all charges made with that Card.  You agree to keep DINs confidential and to ensure that your employees do not disclose any DIN.  If any of your employees discloses a DIN or writes a DIN on a Card, then you are liable for any fraudulent use that may result even if the disclosure is inadvertent or unintentional. You will promptly notify us of the loss, theft, or unauthorized use of any Card or Account by telephoning us at 866-711-4939or through our online system. You agree to provide written confirmation of any notice if requested by us.
Subject to any limitations imposed by law, you will be liable to us for all unauthorized use of a Card that occurs before your notification of unauthorized use but you will not be liable for any unauthorized use that occurs after notification.

12.  FLEET INFORMATION AND CHARGE CARDS:The Fleet Contact Person, or another person or persons designated by the Fleet Contact Person, is authorized by you to:  a) provide us with the information necessary to establish and maintain your Account, Cards, and DINs; b) provide all fleet vehicle, driver and other information that we may request; c) receive all Cards and reports; d) receive other Account information we may provide; and e) select additional products and/or services that we offer.  You will provide us with advance written notice of any change in or removal of any Fleet Contact Person.  You will remain liable to us for any unauthorized use until you notify us of any change in or removal of any Fleet Contact Person.  We are also authorized to deal with any contact person with apparent authority to act on your behalf.

13. MANAGEMENT REPORTS AND DISCLAIMER:As a part of our products and services, we provide purchase reports, vehicle analysis reports and other management reports and information, in either paper or electronic format.   These reports may include information relating to your use of Cards based upon charges and information reported to us.   You are responsible for reviewing these reports for accuracy and completeness.  These reports will accurately reflect information provided to us by third parties.  We cannot guarantee the accuracy or completeness of those reports to the extent that the third party information received by us and contained in the reports is inaccurate or incomplete. You understand and agree that, regardless of any errors in the reports, you remain responsible and liable for any and all charges. 

14. FEES, CHARGES AND ACCEPTANCE OF TERMS:We will assess fees and charges in the amounts listed on the attached Fee Schedule.  Your use of your Account indicates your agreement to pay the fees and charges and your acceptance of all of the terms and conditions of this Agreement (which includes the Fee Schedule). 

15. BULK, MOBILE, UNATTENDED, AND PRIVATE OR ONSITE FUELING:If you choose to use your Cards for bulk, mobile, unattended and private or onsite fueling purchases, we will provide you with enrollment forms and you will be responsible for any charges for those services.  You also authorize us to report Account information to the fuel providers that you select.  You acknowledge and agree that we will not be responsible for any claims, losses or liabilities that you may suffer as a result of, or related to, the misuse of your Account information by your fuel providers or their agents.

16. SITE SELECTION PROGRAM:The Site Selection Program enables you to provide us with a list of specific locations where you wish to restrict purchases based on certain specified criteria.  If you choose to use the Site Selection Program, we will provide you with appropriate enrollment forms.  We reserve the right to not establish site selection criteria for certain sites that may be identified by us as being ineligible for the Site Selection Program. We cannot guarantee that the Site Selection Program will work at independently owned fuel merchants enrolled to accept WEX FSC issued or serviced charge Cards.  The Site Selection Program applies only to transactions that are received for authorization by us electronically. You are responsible for payment in full of all charges made at a location that you selected to be an “excluded location” which are made with a valid Card and that are processed by us.

17. DYED FUEL PRODUCTS:  You may purchase dyed special fuel using your Cards.  You acknowledge that all dyed special fuel purchases will be used exclusively for off-road purposes and according to all applicable laws governing its use.  You may be subject to fines or other legal action by governmental authorities for misuse or mishandling of dyed special fuel.  We will not be liable in any way for any misuse or mishandling by you of any dyed special fuel.  Upon request from applicable governmental authorities, we may provide information regarding your dyed special fuel purchases to them without further authorization from you.

18. ONLINE PRODUCTS:Certain products and services offered to you by us may be accessed by you through the Internet. Although we are using both passwords and data base security methods for our online products, security cannot be guaranteed.  We disclaim all liability for any security breaches of online communications or for any electronic, computer or other system failures.  We are not liable to any person for loss, liability or damages, including consequential or special damages, arising out of any security breaches or system failures or any other defect of the electronic online communication procedures, including loss due to data modification or destruction.

19. CONTROLS:You may request that Controls be applied to your Account.  The availability and effectiveness of Controls is dependent upon each merchant’s adoption of card specifications and the information, including product codes, transmitted to us by them.  The product codes are assigned by each merchant, and as such, we have no responsibility for inappropriate product code assignment.  You understand and acknowledge that only transactions submitted to us for authorization are subject to Controls and that those Controls can only be enforced when the merchant provides sufficient information as part of the authorization.  In addition, some Controls do not work at island card readers. 
We reserve the right to modify Controls when those Controls, in our opinion, are set at a level such that they are ineffective or not in accordance with the goals of the Controls program.  Default values will be assigned by us unless you make your own election(s) through our online product. Additional important information related to Controls is also available online.  We shall not be responsible for the prudence of any particular Control level you select.  The existence and/or use of Controls does not affect your liability for unauthorized use of Cards.  You remain liable for transactions made using unreported lost or stolen Cards and/or Card numbers or DINs.  You also agree that you will review fraud control data provided by us, such as vehicle analysis reports, for the purpose of detecting fraud that occurs within Control parameters.

20. REPRESENTATION, WARRANTIES AND ACKNOWLEDGMENTS: You represent and warrant to us that this Agreement is valid, binding and enforceable against you in accordance with its terms and, if you are a corporation or other entity, that this Agreement has been duly authorized by all necessary action of your governing body.  You agree to provide any evidence of corporate (or other organizational) existence and authorization that we may reasonably request.
As part of our commitment to customer service, our managers periodically will monitor telephone communications between our employees and our customers to ensure that our high quality service standards are maintained.  By accepting this Agreement, you hereby consent to such monitoring and recording of telephone communications.  You also agree to notify your employees who may be in telephone contact with our representatives that periodic monitoring of conversations will occur.

21. WARRANTY DISCLAIMERS AND LIMITATIONS ON DAMAGES:EXCEPT AS OTHERWISE REQUIRED UNDER LAW, WE MAKE NO WARRANTY WITH RESPECT TO GOODS, PRODUCTS OR SERVICES PURCHASED ON CREDIT THROUGH US.  WE FURTHER DISCLAIM ALL WARRANTIES WITH RESPECT TO GOODS, PRODUCTS AND SERVICES PURCHASED WITH A CARD, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY.
YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS, LIABILITY OR DAMAGES YOU SUFFER WHICH RESULT FROM, ARE RELATED TO, OR IN ANY WAY ARE CONNECTED WITH ANY FRAUD CONTROL OR PURCHASE RESTRICTION MEASURES WE ELECT TO IMPLEMENT FROM TIME TO TIME, UNLESS SUCH LOSS, LIABILITY OR DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN IMPLEMENTING FRAUD CONTROL OR PURCHASE RESTRICTION MEASURES WE HAVE EXPRESSLY AGREED IN WRITING TO UNDERTAKE FOR YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF ANY TRANSACTION, PRODUCT, GOOD OR SERVICE GOVERNED BY, OR ANY CLAIM RELATING TO, THIS AGREEMENT.  THIS LIMITATION OF DAMAGES, INCLUDES, WITHOUT LIMITATION, ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING FROM OR RELATED TO THE USE OR MISUSE OF ANY CARD OR YOUR ACCOUNT.  FURTHERMORE, OUR LIABILITY FOR ANY ACTUAL DAMAGES OR AMOUNTS DUE AS A RESULT OF NOT MEETING ANY EXPRESS OR IMPLIED WARRANTIES MADE BY US TO YOU IS LIMITED TO THE CARD FEES PAID BY YOU DURING THE YEAR PRIOR TO YOUR REQUEST FOR CANCELLATION OR REFUND DUE TO OUR NOT MEETING SUCH GUARANTEES.

22. ASSIGNMENT:You may not assign this Agreement for any reason, or any interest, payment, or rights under this Agreement without our prior written consent.  We may, in our sole discretion, assign this Agreement, transfer any right or delegate any duty of performance under this Agreement without further notice to you. The person or entity(ies) to whom we make any such assignment are entitled to all of our rights under this Agreement, to the extent that those rights were assigned.

23. COVENANTS:You will provide us with at least thirty (30) days advance written notice of:  a) any action by you to consolidate, merge or sell a substantial part of your assets; b) your intent to undertake a change in your legal structure; or c) removal or change of any guarantor on your Account.  You will provide us with prompt written notice if any guarantor of this Agreement is rendered incapacitated or is unable to perform for any reason.

24. CANCELLATION:We and you have the right to cancel this Agreement, Accounts, Cards or DINs at any time without advance notice.  You remain obligated to pay for all purchases made before cancellation.  You agree to return all Cards to us upon notice of cancellation.  We may, at any time, elect to terminate products or services described in this Agreement or on any enrollment form upon fifteen (15) days advance written notice to you.

25. PARTIES TO THE AGREEMENT:This is an agreement between you and us and no other entity shall be deemed a party to this Agreement or third-party beneficiary of it, except as provided in Section 22.

26. SEVERABILITY:In the event any provision of this Agreement is held to be invalid or unenforceable under any law, rule or regulation of any governmental agency (federal, state or local), that fact will not affect the validity or enforceability of any other provision of this Agreement.

27. REQUIREMENTS OF A WRITING:You agree that any electronic image of signed originals of your Agreement, your Account Application and product enrollment forms is binding as an original.  You further agree that additions, updates, and deletions of vehicles, drivers, and Fleet Contact Persons placed by telephone or electronically, and accepted by us, are binding on you.

28. ENTIRE AGREEMENT:This Agreement, including the Fee Schedule, the Account Application you filed with us, any agreements which secure or guaranty your obligations under this Agreement, any electronic payment agreement, enrollment forms and any amendments, modifications, substitutions or replacements of any of those documents, is a final expression of the credit agreement between us and you and may not be contradicted by evidence of any alleged oral agreement.  Except as is expressly permitted in this Agreement, no modification of it is effective unless in writing and signed by an authorized officer of you and us. 

Any terms different from this Agreement or contradictory to this Agreement that are set forth in a Purchase Order or other communication are expressly rejected and shall under no circumstances modify the terms of this Agreement. 

This Agreement is governed by and construed in accordance with federal law and the laws of the State of Utah (without reference to choice of law rules). Any judicial action brought under or involving the subject matter of this Agreement shall be brought exclusively in the courts of the State of Utah located in Salt Lake City or the U.S. District Court for the District of Utah, and the parties expressly consent to the exclusive jurisdiction of such courts for the resolution of any disputes under this Agreement. Each party waives any objection to venue and any objection based on forum non conveniens in any such court.

29. USA PATRIOT ACT: We comply with Section 326 of the USA Patriot Act which requires all financial institutions to obtain, verify, and record information that identifies each company or person who opens an Account.  We will ask you for your name, address, date of birth, or other applicable information to identify you.

*Minimum of $10.00 per Card per month up to $100.00.  Does not apply to tax exempt Accounts.

Pricing for additional products and services is available upon request or reflected on the enrollment forms or in the terms of use that you must agree to in order to receive the additional products and services.

If you have any questions about any of the above, please call
Customer Service, toll-free at 866-711-4939.