This agreement describes the entire terms and conditions for participation in the YourKard Affiliate Program. In this agreement, the terms "Affiliate", “Participant” and “you” refer to you the applicant.

Just1Card Inc. (also YourKard, yourkard.com) is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, products, goods and services (including and all future versions thereof) currently entitled the "Product". Product refers to the singular as well as the plural.

You may add as many links to our site from sites under your control, or remove such links, at any time and without prior approval from YourKard.

Affiliate Sales Commissions

If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate orders and pays for the Product or other goods or services sold by YourKard in the future, YourKard shall pay the Affiliate a sales commission ("commission" or “referral fee”) determined in accordance with this Agreement. The commission is based upon the paid selling price of the purchased goods or services before tax and excluding returns.

The purchase price of qualifying sales will count toward the total sales during the calendar month in which such sales are made. Only sales of the Product to a client and for which YourKard has received full payment will qualify for the specified commission.

The total of such sales in any given month will generate commissions, based upon the following schedule:

Retail Sales
Retail sales are individual purchases of YourKard. For every retail purchase of YourKard through your affiliate link(s), you will receive a $7.50 commission.

Fundraising Program Sales
Fundraising program sales are sales made by representatives of an organization that has joined our fundraising program. For every sale by an organization you have referred to our fundraising program through your affiliate links, you will receive a $5.00 commission.

Fundraising program sales are tracked through an offline tracking system. Using our offline tracking system, clients that purchase YourKard through your affiliate link and who subsequently move on to sign up for a fundraising program, will be linked to your affiliate code, thus giving you full credit for the subsequent purchases. You, the Affiliate, will be notified by email within 48 hours after a client has signed up for a fundraising program.

YourKard sends out commission payments via PayPal on or near the the fifteenth of every month on all retail sales commissions due for the previous month amounting to $100 or more. If any order that generated a commission is returned by the client, or if there are any chargebacks, the commission amount will be deducted from the next monthly payment. If there is no subsequent payment, the affiliate will be invoiced. Accumulated commission amounts of less than $100 in a given month will be held until the next calendar month in which the cumulative commissions due exceed $100, or until this agreement is cancelled.

Affiliate payouts for fundraising sales are made within 30 days of the close of the fundraising period.

Affiliates can check the status of retail sales commissions earned at any time by visiting their Affiliate Control Panel.

Affiliates who purchase YourKard using their own affiliate link will be paid commissions only after their second sale. This rule is designed to discourage people from signing up to become an affiliate simply to receive a discount on the product.

Delivery and Order Processing

YourKard will be solely responsible for processing every order placed by a client via an affiliate link. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of YourKard.

All of the rules, operating procedures and policies of YourKard regarding customer orders and accounts will apply to orders we receive through affiliate links. YourKard reserves the right to reject any order at its sole discretion.

Copyrighted Material

You are solely responsible for ensuring that your reviews, descriptions and other content used to promote the Product comply with all applicable copyright and other laws and shall hold YourKard harmless for any violations thereof.

Clients of YourKard

Every client who purchases a Product is deemed to be a client of YourKard. YourKard is not responsible for any representations made by the Affiliate which contradict our policies.

Pricing and Availability

All prices shall be established by YourKard. In case of any price discrepancies, the price charged to the customer will always be the price listed on the web page linked from your website.

Operation of Website and Processing

YourKard will make all reasonable efforts to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. YourKard shall not be liable for any of the consequences of service interruptions, which may occur.

Modification and Cancellation

YourKard reserves the right to change any of the terms and conditions in this Agreement, at any time and in its sole discretion, by posting said new terms on this website. Said modifications shall be deemed accepted by Affiliate.

Independent Contractors

Participants of YourKard 's affiliate program are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.

Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either YourKard or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from your website, all materials provided in connection with this Agreement.

We may reject your application or terminate this Agreement if we determine (in our sole discretion) that your site is unsuitable for the program for any reason, including that it is harmful, threatening, defamatory, obscene, sexually explicit, harassing, or racially, ethically, or otherwise objectionable, such as sites that:

• Promote sexually explicit materials
• Promote violence
• Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age
• Promote illegal activities
• Infringe or otherwise violate any copyright, trademark, or other intellectual property rights

YourKard in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the YourKard Affiliate Program, with no refund. Bottom line: If you spam you're out!

Compliance with Applicable Laws

You are solely responsible for the accuracy and appropriateness of all materials posted on your website, and for ensuring that activities and materials posted on your website are not defamatory, in violation of copyright laws or otherwise illegal. You agree to indemnify and hold YourKard harmless for any violations of the foregoing. YourKard disclaims all liability for these matters.

Limitations of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, YOURKARD WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF YOURKARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL YOURKARD 'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.

Disclaimers

YourKard makes no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors

Applicable Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Alberta without regard to the conflicts of laws, rules and principles thereof.

Mediation & Arbitration

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Calgary, Alberta. Any direct costs, not including travel and travel related costs, and fees associated with the mediation will be shared equally.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Calgary, Alberta. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Assignment

You may not assign your rights or obligations under this Agreement to any party.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

Notices

Any notice required under this Agreement may be given by email, fax or written letter to the number or address you provide.

Miscellaneous

This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.