Eufora Membership Terms

Terms Prior To January 1, 2005:
  1. A "Eufora card" shall mean a Eufora Credit MasterCard® issued by InfiBank, N.A. or a Eufora Prepaid MasterCard issued by The Bancorp Bank under license from MasterCard International.

  2. To be a "Member" in the Eufora Affiliate Program you must:
    • Be at least 18 years of age.
    • Be U.S. residents with a verifiable address.
    • Have a valid Social Security Number.
    • Have paid the applicable membership fee at time of application or, on or before the expiration date.
    • Be approved for and maintain "in good standing" a Eufora card (as defined below).

  3. All Members must meet the credit and other requirements of the issuing bank in order to be approved for a Eufora MasterCard.

  4. Members who wish to apply for a Eufora Credit MasterCard may be redirected to a Eufora Prepaid MasterCard Application in such cases where the Member informs Eufora that they do not qualify to apply for a Eufora Credit MasterCard.

  5. For Members who fail to qualify for a Eufora Credit MasterCard, a Eufora Prepaid MasterCard may be issued. If that Member chooses not to receive a Eufora Prepaid MasterCard, Eufora will refund their membership fee per the Eufora Refund Policy herein.

  6. The term "in good standing" shall mean that a Member has abided by all Eufora Terms and Conditions (as defined herein) and those of the issuing bank of their Eufora Ccard.
    • For purposes of your participation in the Eufora Affiliate Program, a Eufora MasterCard Account issued by InfiBank N.A. will not be "in good standing" if a Member's Card Account is closed to future transactions for any reason either by the Member or by InfiBank, or if the Member fails to pay an individual scheduled payment on or before the payment due dates in three consecutive billing cycles. Furthermore, Members understand and agree that InfiBank can share data about a Member's InfiBank Card Account (including whether a Member's account is in good standing and monthly purchase volume) with Eufora, LLC to the extent permitted by law.
    • For purposes of your participation in the Eufora Affiliate Program, a Eufora Prepaid MasterCard Account issued by The Bancorp Bank will not be "in good standing" if a Member's account is closed to future transactions for any reason either by the Member or by The Bancorp Bank. Furthermore, Members understand and agree that The Bancorp Bank can share data about a Member's BANKFRIST Card Account (including whether a Member's Card Account is in good standing and monthly purchase volume) with Eufora, LLC to the extent permitted by law.

  7. A "Referral" is another individual who has been accepted as a Member of the Eufora Affiliate Program upon referral from an existing Member.

  8. All Members and Referrals must maintain their Eufora membership and Eufora Card in good standing in order to be considered "Valid".

  9. Members shall receive referral fees according to the following schedule:
    • For every ten (10) Associate level Referrals that a Eufora Member directs to Eufora, that Member will receive a $200 referral fee every year, for as long as those Referrals remain Valid.
    • For every ten (10) Preferred level Referrals that a Eufora Preferred or Elite Member directs to Eufora, that Member will receive a $500 referral fee every year, for as long as those Referrals remain Valid.
    • For every ten (10) Elite level Referrals that a Eufora Elite Member directs to Eufora, that Member will receive a $900 referral fee every year, for as long as those Referrals remain Valid.

  10. It is the sole responsibility of the Member and the Referral to ensure that the proper referral code is entered when applying for a Eufora membership.

  11. Referral fees will be paid only for a minimum of ten (10) Referrals and in increments of ten (10).

  12. In the event that a Member secures less than ten (10) Referrals in a fiscal year, those Referrals will carry over to the next year and will not expire, as long as the Member and each of his/her Referrals remain Valid.

  13. In order for a Member to be eligible to receive Preferred level ($500) referral fees (minimum of 10 and in increments of 10), the referring Member must be a Preferred or Elite Member.

  14. In order for a Member to be eligible to receive Elite level ($900) referral fees (minimum of 10 and in increments of 10), the referring Member must be an Elite Member.

  15. In the event a Member secures less than ten (10) Referrals (or less than an increment of 10) in any of the three membership levels (Associate, Preferred or Elite), but the combined total of Referrals in all three membership levels is at least ten (10), any Referrals over an increment of ten (10) will convert to the next lower membership level.

  16. In the event a Member refers an applicant and the applicant chooses to enroll at a higher level than the referring Member, the referring Member will be given the opportunity to upgrade his/her membership to the appropriate level, to be eligible to receive credit for higher level Referrals in the next fiscal year. The referring Member will be notified by Eufora via E-mail. If the referring Member chooses to upgrade his/her membership for the following fiscal year, that Member will be required to pay the adjusted annual fee at the time of renewal. If the referring Member chooses not to upgrade, the referring Member will continue to receive credit at their current level.

  17. The Eufora fiscal year begins at 12:00 AM, January 1st and ends at 11:59 PM, December 31st MST. All Referrals will be counted at 11:59 PM MST on December 31st for that fiscal year.

  18. All referral fees will be paid to Eufora Members in the first quarter of the following fiscal year. Payments will be made by electronic funds transfer to each Member's Eufora Card Account for all Valid Referrals in increments of ten (10).

  19. In the event that a Eufora Member does not pay the annual Eufora membership fee, does not maintain their Eufora Card in good standing, or closes their Eufora Card Account; that Member will be removed from the Eufora Affiliate Program, and all of that Member's referral fees will be retained by Eufora.

  20. In the event that a Referral does not pay the annual Eufora membership fee, does not maintain their Eufora Card in good standing, or closes their Eufora Card Account; that Referral will be removed from the Eufora Affiliate Program and will not be credited towards the referring Member's account.

  21. It is the sole responsibility of the Member to contact Eufora to cancel his/her membership. In the event the Member does not contact Eufora prior to thirty (30) days before the expiration of his / her membership, the membership will automatically be renewed and their Eufora Card will be billed for the annual membership fee. Eufora will automatically charge the annual membership fee to each Member's Eufora Card Account no earlier than thirty (30) days prior to the expiration date of their membership.

  22. All Referrals, referral fees and memberships are non-transferable. In the event an incorrect referral code is entered on an application, Eufora reserves the right to correct the application and transfer the Referral to the proper Member's account within thirty (30) days of the date that Eufora receives the application.

  23. Each Member's relationship with Eufora is one of an independent contractor. As such, Eufora does not withhold any income tax. Eufora is required by law to file Form 1099 with the Internal Revenue Service for every Eufora Member who has received $600 or more in any given calendar year. Each Member is responsible for their own declaration of income to the Internal Revenue Service.

  24. Each Member commits to act at all times diligently and professionally to promote the image, business, name and identity of Eufora.

  25. At the sole discretion of Eufora, a Member will be immediately removed from the Eufora Affiliate Program and all of that Member's referral fees will be retained by Eufora if they:
    • Use the Eufora Affiliate Program for any purpose, in connection with anything that is inappropriate, a violation of applicable laws or regulations, or prohibited by these terms, conditions, and notices.
    • Create, use or otherwise promote a false identity for the purpose of misleading others, including but not limited to the submission of fraudulent applications.
    • Create, facilitate, or participate with any person or entity in a Multi-level Marketing Program using the Eufora Affiliate Program, or any of its products.
    • Use any unauthorized incentive programs to help sell the Eufora Card. For example Members may not offer the consumer anything (coupons, free trips, etc.) in exchange for applying for Eufora membership or a Eufora Card.
    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information in connection with the Eufora Affiliate Program and its products and services. For example, Members may not place Eufora banner ads on pornographic websites.
    • Market, solicit, or otherwise communicate about the Eufora Card or Eufora Affiliate Program using any broadcast media or channels including, but not limited to, television, cable, satellite, radio, billboards and telemarketing without the prior written consent of Eufora.
    • Reproduce any Eufora marketing materials in whole or in part without written authorization. This includes but is not limited to Eufora Brochure/Applications and Eufora Marketing cards.
    • Use the Eufora Affiliate Program in any way that could damage, disable, overburden, or otherwise impair any Eufora Affiliate Program or sponsored services (or the network(s) connected to the Eufora Affiliate Program) or interfere with any other party's use of the Eufora Affiliate Program. Members may not attempt to gain unauthorized access to any Eufora Affiliate Program site/service, other accounts, computer systems or networks connected to the Eufora Affiliate Program or sponsored service, through hacking, password mining or any other means. Members may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Eufora Affiliate Program.
    • Use any material or information, including images or photographs, that in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
    • Use the Eufora Affiliate Program in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
    • Engage in any "spamming" activity involving a) sending unsolicited E-mail to persons with whom you have no relationship and/or who have not requested your information; or b) posting off-topic announcements on message boards or elsewhere. All "spam" messages which reference the Eufora.com domain are forwarded directly to our attention. The "spammer" will be removed from the Eufora Affiliate Program, and all of that Member's referral fees will be retained by Eufora.
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  26. REFUND POLICY: Membership fees for the Eufora Affiliate Program are non-refundable except in such cases where an applicant does not qualify for the Eufora Credit MasterCard and chooses not to accept a Eufora Prepaid MasterCard during the application process. In such cases a $9.95 processing fee will be retained by Eufora and the applicant will receive the balance of their membership fee within ninety (90) days of Eufora's receipt of the application.

  27. Eufora Members are prohibited from accepting any payments on behalf of the Eufora Affiliate Program. All membership and application fees must be paid directly to Eufora.

  28. Eufora allows Members the use of the Eufora logo for their own marketing or advertising purposes only when the logo appears in authorized Eufora marketing material. Eufora does not allow Members any other use of the Eufora logo without the expressed written permission of Eufora. Eufora reserves the right to restrict any use of the Eufora logo. Please send all logo related questions to cs@eufora.com.

  29. Eufora, in its sole discretion, reserves the right to amend any or all of these Terms and Conditions at any time.

  30. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EUFORA AND ITS MEMBERS, MANAGERS, AFFILIATES, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES ARISING OUT OF THE EUFORA AFFILIATE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 31.

  31. EUFORA'S LIABILITY TO YOU FOR BREACH OF THE EUFORA AFFILIATE PROGRAM TERMS & CONDITIONS IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO EUFORA IN CONNECTION WITH THE EUFORA AFFILIATE PROGRAM, ALONG WITH ANY EARNED BUT UNPAID REFERRAL FEES (SUBJECT TO THE TERMS AND CONDITIONS OF THE EUFORA AFFILIATE PROGRAM). YOU HEREBY RELEASE EUFORA FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION IN THIS SECTION 31 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF YOUR EUFORA MEMBERSHIP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR EUFORA MEMBERSHIP.