Please read this carefully and retain it for future reference. If you have any questions, please contact Customer Service at 888-623-3314 or by using this form.
This FriendSpend Rewards Agreement (“Agreement”) outlines the terms and conditions governing the FriendSpend Rewards program (“Rewards Program”) offered in connection with your eVantage Prepaid MasterCard® (“eVantage Card”). The Rewards Program is offered and administered by Cascade Financial Technology Corp (“eVantage”). Please consult the Cardholder Agreement at https://eVantageCard.com/Agreement for additional terms and conditions with respect to your eVantage Card.
In this Agreement, the following terms shall have the following meanings:
You, your, and Cardholder - The person to whom a eVantage Card was issued and who owns the funds in the eVantage Card account.
We, us, and our - Cascade Financial Technology Corp, the third-party service provider that markets and administers this Rewards Program.
Calculation Period – The time frame that is used to calculate the Rewards and Double Rewards for a month, which starts on the first day of the calendar month being calculated and ends on the last day of the calendar month being calculated.
Card Account - The Sunrise Banks deposit account associated with your eVantage Card
Card Issuer - Sunrise Banks, N.A.
eVantage Organization Program – A program for organizations and businesses that promote the eVantage Card. The eVantage Organization Program is not governed by this Agreement.
Companion Cardholder – Any person issued a Companion Card at the request of the Primary Cardholder and authorized to use the Companion Card.
Direct Referral – An individual who (1) using the Referral Code assigned to you, opens a new eVantage Card account or (2) adds the Referral Code assigned to you to his/her eVantage Card account before activating his/her card if the individual didn’t use a Referral Code to get a card.
Double Rewards – The most money that you can earn if you qualify as described herein based on the terms and conditions described below.
Double Rewards Spend – The minimum amount of Personal Qualified Spend that you must have in order to qualify to receive Double Rewards in any month. The Double Rewards Spend amount is $350.
FriendSpend Rewards – See Rewards
Generation – A unit of measurement that indicates the referral relationship between two Cardholders or a Cardholder and Participating Organization. Direct Referrals of a Cardholder are considered to be 1st Generation. Anyone referred by a Cardholder’s 1st Generation is considered to be 2nd Generation. Anyone referred by a Cardholder’s 2nd Generation is considered to be 3rd Generation, and so on.
Indirect Referral – An individual who (1) using the Referral Code assigned to one of your Direct Referrals or Indirect Referrals, opens a new eVantage Card account or (2) adds the Referral Code assigned to assigned to one of your Direct Referrals or Indirect Referrals to his/her eVantage Card account before activating his/her card if the individual didn’t use a Referral Code to get a card.
Participating Organization – A business or organization that signs up for a eVantage Organization Program to market the eVantage Card to its members and/or customers.
Personal Qualified Spend – Qualified Purchases made by you and any Companion Cardholder.
Qualified Purchases – The dollar value of completed domestic purchases made with your 16-digit MasterCard account number, excluding purchase transactions where a 4-digit Personal Identification Number (PIN) was used and purchases categorized as cash or quasi-cash.
Referral Code – A code that will be issued to you that, when used by a when opening a new eVantage Card account, will permit us to identify you as the referral source.
Regular Rewards – This is the base amount that you will receive in Rewards in a given month.
Rewards – Money that you earn as described herein based on the terms and conditions described below.
Spending Squad – Refers to the Direct Referrals and Indirect Referrals of a Cardholder that are up to six Generations from the Cardholder.
3. Calculating Rewards and Double Rewards
Your Regular Rewards for a month is calculated by taking the total Qualified Purchases of your Spending Squad for the Calculation Period and multiplying that amount by four and one half basis points (.00045 or .045%). You can find your Regular Rewards amount accumulated up to the previous day for any calendar month by logging into the eVantage Card website at https://myaccount.eVantageCard.com or mobile app (when available) on or after the first day of the month.
Your Double Rewards for a month is calculated by taking the total Qualified Purchases of your Spending Squad for the Calculation Period and multiplying that amount by nine basis points (.0009 or .09%). You can find your Double Rewards amount accumulated up to the previous day for any calendar month by logging into the eVantage Card website at https://myaccount.eVantageCard.com or mobile app (when available) on or after the first day of the month.
4. Qualifying for Rewards and Double Rewards
In order to qualify to receive Rewards or Double Rewards in any month, your Card Account must be in good standing and in active status throughout the month and your card balance must not be negative at the end of the calendar month unless the negative balance was not caused by you (such as unauthorized use of your card).
In order to qualify to receive Double Rewards in any month, your Personal Qualified Spend in that month must equal or exceed the Double Rewards Spend ($350.00) or you will not receive Double Rewards for that month.
In no event will you ever receive more than your Double Rewards in any month.
5. Redeeming Rewards
You will receive your Rewards or Double Rewards during the month after you have qualified for Rewards or Double Rewards. Your Rewards or Double Rewards will typically be paid by posting a credit in the amount you have earned on your eVantage Card account. If the amount of your Rewards of Double Rewards is more than can be loaded on your eVantage Card account, then any amount in excess of the amount we can load on your eVantage Card account will be sent to you by paper check or electronic bank transfer (commonly referred to as an ACH) during the month after you have qualified for Rewards or Double Rewards. You can find the amount of Rewards or Double Rewards that you earned for any calendar month by logging into the eVantage Card website at https://myaccount.eVantageCard.com or mobile app (when available) on or after the first day of the following calendar month.
In the event that your eVantage Card Account is terminated for a reason that is not due to default or fraud and you have earned Rewards or Double Rewards that you haven’t yet received, that Rewards or Double Rewards will be sent to you via a paper check.
6. Losing Your Spending Squad
You will lose your Spending Squad if your Card Account is closed. Once you lose your Spending Squad, you will no longer be entitled to earn Rewards or Double Rewards based on the spending of the Cardholders who were in your Spending Squad. You will be able to rebuild your Spending Squad with new Cardholders if you reopen your card account or open a new account.
7. Special Rules for Referring a Business or Organization
As of December 1, 2016 cardholders can no longer refer a Participating Organization.
Prior to December 1, 2016:
In addition to referring individuals to get a eVantage Card, you can also refer businesses and organizations. If a business or organization that you refer signs up for a eVantage Organization Program to market the eVantage Card to its members and/or customers, then there are a few changes as to how you can earn Rewards or Double Rewards with respect to the Participating Organization.
The Participating Organization, which would be your Direct Referral, won’t have any Qualified Purchases since only individuals can have a eVantage Card. Also, you will not earn any Rewards or Double Rewards on the Direct Referrals of the Participating Organization even though they are part of your Spending Squad. You will earn Rewards or Double Rewards on the Indirect Referrals of the Participating Organization which are up to six Generations away from you (counting the Participating Organization as Generation 1 and the Participating Organization’s Direct Referrals as Generation 2).
If a Cardholder in your Spending Squad refers a Participating Organization, you will not earn any Rewards or Double Rewards on the Participating Organization or the Direct Referrals of the Participating Organization, but you will earn Rewards or Double Rewards on the Indirect Referrals of the Participating Organization if they are within six generations of you (the Participating Organization and its Direct Referrals each count as a generation). An organization that you want to refer can fill out the form found at https://myaccount.eVantageCard.com/PoweredBy. To receive credit as the referral source, this form must be filled out by the Organization, not you, with your referral code entered into the “Referral Code” field on that form.
8. Referral Codes
When you enroll for a card we will assign a new unique Referral Code to you. Your Referral Code can be used by other consumers to get a eVantage Card. Subject to the limitations below, anyone who gets a eVantage Card using your Referral Code or adds your Referral Code to his/her eVantage Card account before activating his/her card if the individual didn't use a Referral Code to get a card will be considered your Direct Referral.
We will make our best effort to determine who referred a new Cardholder or Participating Organization to us. These are the rules that govern which Cardholder or Participating Organization gets credit for being the referral source of a new Cardholder or Participating Organization:
9. Restrictions on Promoting Your Referral Code
You cannot promote your Referral Code or the eVantage Card online or in any written materials without eVantage Card's prior written permission. You may not use any URL redirects. You may not use the card image or any other card related graphics without eVantage’s prior written permission. You may not post any ads to promote your Referral Code or the eVantage Card on Craigslist or any similar site. You may not use iframe, pop-ups, or any other method of showing the eVantage Card website to consumers. You cannot collect, or cause to be collected, any user data in the process of referring consumers to the eVantage Card website. You cannot require any purchase or any other actions in order to get access to your referral code or the eVantage Card website.
You may send individual pre-approved communications prescribed by eVantage Card to your friends and family to whom you communicate with on a regular basis. These pre-approved communications can be downloaded by logging into your eVantage Card account at https://myaccount.eVantageCard.com.
10. No Celebrity or Third-Party Endorsement
You may not in any way promote or allow your Referral Code to be promoted by a celebrity or any other third party.
eVantage Card reserves the right to take any or all of the following actions, without warning, if you violate any provision of this Agreement:
We currently do not assess a fee to participate in the Rewards Program, although fees for the eVantage Card apply. See the Cardholder Agreement for a description of card fees. You are not permitted to charge and agree not to charge any fees or request or receive compensation from any of your referral sources, Direct Referrals, or Indirect Referrals in connection with this Rewards Program.
13. Sharing of Information
By accepting these terms you agree to let the person who referred you see the following details: your first name, the first initial of your last name, your referral code, the number of direct referrals that you have, the date of your last direct referral, and the size of the first five generations of your Spending Squad. You can opt out of sharing using this form
14. Agreement to Terms
By activating or using your eVantage Card, you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use your eVantage Card. Any actions available to eVantage Card under this Agreement may be undertaken at eVantage Card's sole discretion.
15. Change in Terms
We may at any time add to, delete, or change the terms of this Agreement without notice to you except as required by law.
16. Governing Law, Court Proceedings, Damages, Arbitration
Except as set forth in the Waiver of Jury Trial and Arbitration Agreement below, (i) this Agreement will be governed by, construed, and enforced in accordance with federal law and the laws of the State of Nevada; (ii) any action or proceeding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of Nevada in Clark County; and (iii) you agree to pay upon demand all of our costs and expenses incurred in connection with the enforcement of this Agreement. If we are served summonses, subpoenas, orders, or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction.
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL: PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.
a. Agreement to Arbitrate.
You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of Nevada (without applying its choice-of-law rules).
b. What Arbitration Is.
"Arbitration" is a means of having an independent third party resolve a Dispute. A "Dispute" is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands whether past, present, or future, including events that occurred prior to your involvement in the Rewards Program and whether or not a eVantage Card is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement. For purposes of this arbitration agreement, the terms "you" and "your" include any authorized user, co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. For purposes of this Arbitration Agreement, the terms "we," "our," and "us" mean both Cascade Financial Technology Corp and the Card Issuer and include the Card Issuer and our employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns as well as the marketing, servicing, and collection representatives and agents of either or both.
c. How Arbitration Works.
If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration complaint must choose either of the following arbitration firms for initiating and pursuing arbitration: the American Arbitration Association ("AAA") or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:
In the event both AAA and JAMS are unavailable to decide a Dispute, the parties agree to select another neutral party experienced in financial matters to decide the Dispute. If such an independent arbitrator cannot be found, the parties agree to submit any Dispute to a state or federal judge, sitting without a jury, for resolution on an individual and not a class-wide basis. The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firm's rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.
d. What Arbitration Costs.
No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration, provided each party will be initially responsible for its own attorneys' fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys' fees to the party who substantially prevails in the arbitration.
e. Location of Arbitration.
Unless you and we agree to a different location, the arbitration will be conducted in the county where you reside.
f. Waiver of Rights.
You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.
g. Applicable Law and Review of Arbitrator's Award.
The arbitrator shall apply applicable federal and Minnesota substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator's award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of Minnesota and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of Minnesota and applicable federal law.
This arbitration provision shall survive cancellation, transfer, sale, or assignment of this Agreement to any other person or entity.
i. Right to Opt Out.
If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address by a certified letter, return receipt requested, postmarked within thirty (30) days following the date you enter into this Agreement. You may opt out without affecting your application or cardholder status.
You can send your letter to:
200 University Avenue West Suite 200
Saint Paul, MN 55103
We may assign or transfer our rights and obligations under this Agreement at any time without prior notice to you except as required by law. This Agreement is not assignable or transferable by you. Notwithstanding the foregoing, this Agreement shall be binding on you, your Authorized Users, your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.
18. Miscellaneous Provisions
We do not waive our rights by delaying or failing to execute them at any time. To the extent permitted by law and as permitted by the Waiver of Jury Trial and Arbitration above, you agree to be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving the Rewards Program. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.