Cardholder Agreement

This Synergy World®, Inc. (SWI) agreement and disclosure will explain your rights, obligations and responsibilities concerning the usage and safekeeping of your Synergy Card®. SWI reserves the right to discontinue or alter the terms of this program, including but not limited to the participating merchants and cash credits at any time without any prior notice.

SWI markets the Synergy Card, a proprietary rewards card that allows you receive points on transactions exclusively at businesses that are part of the Synergy Card Network.

Signing of the Synergy Card
You agree to be legally bound by the terms of this Agreement when you submit the on-line application form, sign, retain, or use the Synergy Card at participating merchants.

Cardholder Status
Acceptance of a Synergy application by SWI does not create an employer-employee relationship, joint venture, partnership, in any form, nor is it the sale of a franchise or distributorship

Confidential Information

Personally identifiable data will not be sold, rented or traded to any third parties for any purpose not authorized under this Agreement, except as required by law. Personally identifiable information includes names, phone numbers, addresses, e-mail, and any other information collected on the registration page. If you have a branded Synergy Card, SWI may share your personal information exclusively with that co-branded account. SWI will be responsible for maintaining all databases to the highest possible standards and in conformity with all applicable privacy laws.

Monthly Statements
Are available on-line at www.synergycard.com. View monthly transactions, reward balances and points.

Joint Accounts
If your Synergy Card is issued for a joint account, you both agree to be jointly and severally liable under the terms of this Agreement.

Right to refuse Cardholder status
SWI reserves the right to accept or reject any application for the Synergy Card for any reason. The Synergy Cardholder acknowledges that acceptance, as a Synergy Cardholder is a valuable right conferred upon the Cardholder by this agreement.

Refusal of Card
SWI will not be responsible for any participating Synergy merchant's refusal to accept the Synergy Card; however, if notified, we will attempt to secure compliance.

Indemnity
Cardholder agrees to indemnify and hold Synergy World, Inc. harmless from any and against any and all liabilities, losses, damages, disputes, claims, counterclaims made between a cardholder and a merchant. Cardholder's agree to indemnify SWI and hold it harmless from any and all liability, including judgments, civil penalties, attorney fees, court costs as a result of Cardholders' unauthorized representations. Cardholder acknowledges that SWI makes no warranty to Cardholder, whether express, implied, or statutory, as to the quality, merchantability, completeness of products or services purchased with the Synergy Card at merchants accepting the Synergy Card® . Cardholders shall not hold SWI liable for any delay or failure to perform, which delay or failure is due to causes beyond the reasonable control of SWI, including, but not limited to: acts of God; acts of the public enemy; acts of the United States of America, fires; epidemics, or quarantine restrictions. Synergy World® disclaims all alleged liability for bodily injury or property damage resulting from any accident, event or occurrence on, or resulting from the use of the premises of the participating businesses or goods or services thereof. SWI disclaims all warranties, express, implied or otherwise imposed by law, regarding the conditions of those premises or the safety of same.

Property of Synergy World®
The Synergy Card is the property of Synergy World®, Inc. and must be returned immediately upon request. You agree to cut the Synergy Card through the magnetic strip before returning it to us upon request, for any reason.

Lost or Stolen and Authorized use
You agree to notify Synergy World, Inc within 48 hours if you believe your card has been lost or stolen. To report a lost or stolen Synergy Card, please call (858) 569-8842. There is a $5.00 replacement card fee.

Valid Reasons to de-activate your card::

o A lost or stolen card.
o An individual you no longer want using your card.
o Any other legitimate reason not defined above.

Call Synergy World customer service at (858) 569-8842 or write if you have any disputes:

Synergy World, Inc.
12625 High Bluff Drive
Suite 318
San Diego, CA 92130


Your Transaction Record and documentation of Transactions
You may receive a sales receipt summarizing your purchases at the time you conduct a transaction at a merchant. You will not receive a receipt when you perform a transaction by telephone, the Internet or by mail. You should retain all receipts to verify transactions. All transactions are summarized on your monthly statement.

Other Discount Offers
The Synergy Card can not be used when combined with any other coupons, discount cards, or any other special offers. Merchants have the right to refuse the use of the Synergy Card if presented with any other special offer.

Reduction of Your cash credit Balance.
Once you reach certain points thresholds "cash credits" are automatically applied to your Synergy Card. This cash credit has NO CASH VALUE, and must be used to purchase goods and services from the business where you earned the points.

Transferring of cash credits
Cash credits are non-transferable. Since Synergy World is tracking points per individual merchant, you can only use your cash credit at the business where you earned the points.

Representation
The Synergy Cardholder shall not make representations of any kind except those contained in Synergy World’s® written materials, including advertisements, unless authorized in writing by SWI. Synergy World® cardholders agree not to use any proprietary names or trademarks of SWI without prior written consent. Synergy World® Cardholders agree to indemnify and hold SWI harmless from all costs due to claims, damages, or liabilities which may accrue as a result of the Synergy Cardholder’s practices that are not authorized by SWI.

Termination
SWI may terminate Cardholders at any time for cause by e-mail, oral notice to you, by telephone, or by mailing a notice to you at your last address shown on our records for the Synergy Card®. SWI has the right to take quick and decisive action in terminating the contract of any Cardholder who is found violating the Cardholder Contract, any state or federal laws, statutes, and/or regulations that pertain to the business of SWI. If a Cardholder wishes to appeal a termination as a Cardholder, SWI must receive, in writing, within fifteen (15) days from the date of the Company's termination notice, unless a greater time period is granted in writing by SWI. If the appeal is not received within the appropriate time period, the termination will automatically be final. If a Cardholder files a timely appeal of termination, SWI will review the termination, consider any appropriate action, and promptly notify the Cardholder of its decision. The decision of SWI will be final and subject to no further review. If the termination in not rescinded, the termination will be effective as of the date of the original terminal notice. If you have a pre-paid Synergy Card with a balance, it will be reimbursed to you within 30 days, minus a 10% processing fee and a $5 check fee.

Change of Name, Address or other Information
You agree to notify us in writing if you change your name, address, or other information contained in your application.

Governing Law
The agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles, and by any applicable federal laws. The parties agree that any controversy, claim, dispute or other difference arising out of or relating to this contract or a breach of this contract shall be settled, resolved by binding arbitration in accordance with the rules of the Commercial Arbitration Rules of the American Arbitration Association with the arbitration to occur at San Diego, California. The prevailing party shall be entitled to recover its reasonably attorney's fees and arbitration costs. The unenforceability of any provision of this Agreement will not in any way affect or impair the legality or enforceability of the remaining provisions of this agreement. Our failure to delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later.