CarePoints Membership Card Program

TERMS AND CONDITIONS

Your Membership Terms and Conditions
Welcome to the CarePoints Card program (“Program”). CarePoints Card Corporation promotes the products and services of contracted CarePoints Merchants who accept CarePoints Card as payment for services, just like a credit/debit or a gift card. The following terms and conditions of this Membership Agreement (“Agreement”) govern the Program brought to you by CarePoints Card Corporation, its subsidiary company and or its
co-branding partners collectively herein referred to as (“CPCC or Company”) and partially administered by contracted third parties which shall be collectively referred to as “Company”.

Disclosure
This Program is not a health insurance plan, discount plan, a credit/debit card nor is it designed to replace them.

The benefits of this Program are exclusive only to members who have committed to the terms and conditions herein and the benefits are offered as incentive and or rewards for those members who meet the terms and conditions of membership herein.

CarePoints Card (“Program”) is available only for United States, Alaska and Hawaii (excluding Guam, Puerto Rico and the Virgin Islands) residents at least 18 years of age. As a member of the Program, you and your dependant(s) acknowledge and represent that you are at least 18 years of age, and agree to the rules of the Program as documented herein and at www.carepointscard.com .

It is your responsibility to keep updated with all rules of the Program which will change at the discretion of the Company.

Your membership is non-transferable, subject to present and future Program rules, and valid only at participating CarePoints Merchants (CPM) members, at www.carepointscard.com and at any participating online merchants. We reserve the right to eliminate a (“CPM member”) as listed on our CPM and or on our website. At any time, a participating CPM may be eliminated from the CPM. We may assign, pledge and or sell all of our interest to a third party without prior notice.

Membership Term and Fee
The membership term is one year with automatic renewal and may be canceled at the end of each term by the CM without penalty. The membership fee is 10% of the annual spending commitment and it is waived when the CM meets their commitment under their selected benefit.  
[See benefit description for details]

Employer Sponsor
If sponsored by your employer check with your employer for details of contributions if any. Your employer is not mandated to contribute or pay for your membership fee and your membership activation fee. You may authorize your employer to withhold an agreed amount from your payroll each pay period to certify your financial obligations under this Program.

Definitions of a Member
A Member is defined as a Primary Cardholder, an adult over the age of 18 years and the head of a household and all legal dependants under the same roof. All legal dependants must be registered at the time of enrollment and must be under the age of 18 living in the same household or under twenty four in college.

Important Notice
At the discretion of the Company, it reserves the right to amend the Program rules at any time without your consent. For example, we may change the terms and conditions required to qualify you for rewards, impose caps and/or fees on redeeming points, increase the annual and/or other program fees and/or cancel rewards. Additionally, we reserve the right to terminate the Program with sixty (60) days prior notice. During the sixty days notice period, we may change or cancel some or all of the then-current rewards. Your right to redeem earned rewards will terminate sixty (60) days after such notice.

Notices
All notices and other communications required pursuant to the Program rules shall be in writing and deemed duly given on the date of delivery or refusal of delivery. If delivery is made in person it must be accompanied by a written receipt or by a nationally recognized overnight delivery service or by certified mail, return receipt requested. All notices to CM shall be sent to the address on the enrollment application and to us at our corporate address listed on our website.

ACP/MECA Guarantee
To receive the Advance CarePoints (“ACP”) and or Medical Expense Cash Advance (“MECA”) you may be required to complete a Personal Guarantee (“Promissory Note) to repay the unearned benefits as agreed by you. At our discretion we may grant you zero interest on the benefits with up to 24 months repayment plan. After the agreed repayment period we may charge up to the maximum allowable interest rate by law within your State of residence for payments outstanding. You will have the right to accept or reject the terms of such Promissory Note at the time you request  the benefits. The final term of such benefits is subject to our applicable terms and conditions.

Security for Repayment of ACP/MECA
All cash advance benefits require employer payroll withholding as a condition for granting the said ACP or MECA. You must maintain  program eligibility at all times to continue to enjoy the benefits and in the event that your Card Membership is forfeited for any reason you may be charged a default fee and other penalties including but not limited to interest and late fees, collection and attorney’s fees.

Assignment of Insurance Reimbursement
MECA benefits cash advance may require the assignment of your reimbursable insurance benefit which must be pre-approved by us and administered by our contracted Third Party Administrator (TPA) or by our credit manager prior to advancing funds to members through the membership card. The assignment of eligible insurance benefit when paid by the insurance company may or may not cover the full cash advance and you the CM are fully responsible for the repayment of the cash advance through approved repayment terms at the time of the cash advance. Your healthcare provider may also require the assignment of your reimbursable insurance to pay for your treatment or services

Activating Your Membership Card
To activate your membership card you must complete your online enrollment for your selected  insurance plan and pay the appropriate premium. You may call our member services for assistance during our business hours Monday to Friday excluding all major bank holidays. Once your card activation fee is processed and received by us and the insurance provider your membership card will be sent to you within ten banking days.

Activating Advance CarePoints (“ACP”) Benefits
To activate Advance CarePoints (“ACP”) benefits the member must have maintained eligibility for three consecutive months. Thereafter you are eligible for the appropriate ACP benefits.

Receiving & Utilizing Your ACP To Supplement Insurance Premium
At the end of each eligible membership quarter you will be credited with your earned ACP toward your next monthly or quarterly insurance premium and if for any reason your insurance is canceled you can use the earned ACP for healthcare expenses at participating CPM.

Activating & Utilizing Your Merchant “Revolving Cash Advance-Points” (RCAP)
To activate your merchant RCAP your employer must complete the activation form signed by you and your employer and mail it back to us or our agent for processing. You will be notified within ten banking days of our receipt of your completed activation form with the approved amount, terms and conditions.

The Merchant RCAP can only be used to pay for goods and services at your sponsored CPM.

Activating & Utilizing MECA Benefits
To activate Medical Expense Cash Advance (MECA) benefits, members must enroll in the Blue Card or the Gold Card benefit program and maintain eligibility at all times. To access the benefit you must first complete your “Provider Nomination” at the time of your enrollment or following your enrollment. Those providers you recommend will be contacted and enrolled in our CPM as your personal provider subject to the provider’s acceptance of our program terms and conditions.

You may also locate a healthcare provider by calling our Advocate Membership Services who may negotiate with your choice of healthcare provider and process the appropriate MECA benefit into your card account before you go for treatment to ensure that you have the credit available to pay for your treatment or goods.

General Terms and Conditions
1. Fraud or abuse relating to the accrual of points or redemption of rewards may result in forfeiture of accrued points as well as cancellation of your program account and any card account and benefits.

2. All questions or disputes regarding the program eligibility and conversion of points or redemption of rewards will be resolved by CarePoints at its sole discretion.

3. The determination of tax liabilities for any federal, state or local taxes (as may be applicable) arising out of the accrual or conversion of points or redemption of rewards in the program shall be the responsibility of the CM.

4. We are not responsible for typical errors and/or omissions in this agreement.

5. These terms and conditions are governed by and construed under the laws of the state of Florida. It is the responsibility of the CM to review our terms and conditions periodically as our program terms and conditions may change without notice.

Arbitration
The parties agree that all disputes, controversies or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, arising out of or relating to this Agreement, not resolved amicably between the parties, shall be settled by final and binding arbitration conducted in Miami, Florida, or other mutually agreed upon location. The arbitration shall be conducted by one neutral arbitrator in accordance with this Agreement and the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Each party shall bear its own expenses and the parties shall share equally in the filing and other administrative fees of the AAA as well as the expenses of the arbitrator. However, the arbitrator shall be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous or that a claim was defended frivolously. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to award any damages in excess of the liability limitations set forth in this Agreement, including any attachment. The arbitrator may compel attendance of witnesses and the production of documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14 shall govern the interpretation and enforcement of this section.

How to use

Your Membership Card
1. Read the enclosed description for each benefit.

2. Legal dependants’ over 18 years of age and in college will be issued a membership card and those under the age can use the primary member’s card.

3. To locate participating merchants in your area, visit www.carepointscard.com. Click on the desired search.

4. For additional information call the appropriate number on the back of your card.

5. Payment in full must be made at the time of service, make sure that you have enough CareCredit-Points (“CCP”) on your CarePoints Card and or have other means of paying for the service such as Cash, Credit/Debit Card or Check and remember you will not earn reward points or credit toward your monthly or annual spending commitment if you fail to present your CarePoints Card to the merchant to be swiped to earn CP.

6. You will not earn reward points when you pay for goods and services online other than your CarePoints Card.

7. If you have any questions on how to use your membership card(s), call our Member Services department at the toll-free number listed on your CarePoints Card for prompt, friendly assistance.

8. Our offices are open Monday through Friday, 8 a.m. to 8 p.m. CST, excluding all major holidays.

Earning CarePoints
Once you have received your card you can start using it to earn CarePoints, whenever you purchase goods and/or services at any selected participating Care Points Merchant Network [CPM] member. CarePoints (“CP”) will be earned after your purchase of any products or services from any CPM member. Your earned points will be credited to your card within thirty (30) days of the purchase. The number of CP depends on your card membership (see card description of benefits). It is solely your responsibility to make sure you have enough CCP “Credit” on your card before trying to use it. If there is insufficient credit available your transaction will be declined. You should keep your receipts for future reference at least until you are sure that you have been credited with the appropriate points. You can also earn CP when you pay with cash, debit/credit card or check at any CPM member by presenting the CarePoints Card to be swiped by the cashier at the time of payment. When you shop online you can only earn CP when you pay with your CarePoints Card.

Converting Affiliated Reward Points to CP
You may also earn points and CCP “Cash Back” rewards for shopping at participating affiliated companies by simply following their reward program terms and conditions and at the end of each month or each quarter we will process and convert your earned points to CP or your Cash Back to CCP at the then conversion rate. Your CP will be converted to CCP in increments of 2,500 CP at 100 CP to 1 CCP and your Cash Back will be converted at the rate of $1.00 to 1CCP.

Card Activity Reports
You may view your previous card activity at any time by visiting our website and logging in to the “Already a member” section. Once logged in, click on Card Account where you can view all card activity including CP and CCP balances or call our member services for detail.

Purchasing CareCredit-Points
CareCredit-Points (“CCP”) maybe purchased online at www.carepointscard.com by going to our website and clicking on “Already a member,” Login to your account and click on “Purchase CCP” or call our Card Member Services at 866-976-4684 Monday through Friday, 8:00 am to 8:00 pm CST, where you can use your debit or credit card to purchase your required CCP “dollars” up to $5,000 (five thousand) limit. The purchased CCP will be credited to your Card account and available for use within three business days.

Converting CP to CCP
Your earned CP is automatically converted to CCP when you’ve earned at least 2,500 CP at the rate of 100 CP to 1 CCP and 1 CCP = $1.00

Not-For-Profit Organization Sponsored Program
If an association or a not-for-profit organization sponsors your membership, the organization may subsidize the membership. You, the member, must maintain your membership eligibility in the program to qualify for the sponsorship program.

Required Quarterly and Annual Spending Commitment
As a member you are required to spend at least 25% of your annual spending commitment per quarter to maintain your free membership for the quarter. At the end of each quarter if you have failed to spend the required amount you will be billed 10% of the unspent commitment for the quarter as your membership fee and when you meet your spending commitment for the quarter you pay no membership fee.

Blue Card	Gold Card	Platinum Card
$5,000 per annual	$7,500 per annual	$10,000 per annual
$1,250 per quarter	$1,875 per quarter	$2,500 per quarter

 

Nominating Healthcare Provider
As a Card member you are required during or after your enrollment in the program to nominate your Preferred Healthcare Provider by clicking on the “Nominate Provider and Nominate Merchant” Tab. If you have not nominated your Preferred Healthcare Provider during your Enrollment simply refer to the back of your membership handbook and/or your insurance reference guide for more detail on how to select a provider.

Nominating Retail Merchants
To maximize your membership benefit you should nominate your preferred merchants to be added to our CarePoints Merchants. Your selected merchant will serve as your choice of merchant and you can change the merchants anytime as long as they are members of our network, such as:

Professional Services	Retail Merchants	Healthcare Providers
1. Legal Services	1. Grocery Store	1. Primary Care Provider
2. Accounting/Tax Services	2. Home Appliance Store	2. Specialist Care
3. Dry Cleaner	3. Gas Station	3. Dental Care
4. Auto Repair	4. Retail Department Store	4. Vision Care
5. And much more!	5. And much more!	5. And much more!

© 2009 CarePoints Card Corporation