TradeMakers USA on-line MEMBERSHIP AGREEMENT

  1. CONTRACT AND MODIFICATION OF CONTRACT
      The following terms & conditions constitute the contract by and among Member and TradeMakers USA. Any use of TradeMakers USA to facilitate a transaction by a Network Member (hereinafter Member) constitutes acceptance of all terms, conditions, policies and procedures as most recently adopted by TradeMakers USA. They apply to all TradeMakers USA Members' and to all transactions facilitated by TradeMakers USA. At its sole discretion, TradeMakers USA may amend this Agreement by giving Member thirty (30) days written notice via e-mail. TradeMakers USA may amend the Policies and Procedures with seven (7) days written notice via e-mail. Any purchase or sale by Member, which makes use of TradeMakers USA after these time frames constitutes acceptance by Member of such change(s) and the agreement of Member to abide by the same.
     
  2. PARTICIPATION IN THE EXCHANGE
    1. NATURE OF THE PARTIES
      • a. TradeMakers USA operates an association of businesses and professionals who have joined together to do business among themselves through the organized system which is regulated by the record-keeping and administrative services of TradeMakers USA or its designee and through the medium of TradeMakers USA Trade Dollars. TradeMakers USA functions as a clearinghouse for the transactions of the Network membership.
      • b. TradeMakers USA regulates the Network. TradeMakers USA acts as a third party record-keeper and administers the clearinghouse function of the Network for the Members'. TradeMakers USA may contract with others to provide all or part of such services.
      • c. Member is a bona fide and legal business that desires to do business with other members of the Network and hereby subscribes to TradeMakers USA's services. Member warrants that it is in compliance with all State, Federal, industry and professional laws and regulations.
      • d. TradeMakers USA reserves the right of final approval of this agreement and may refuse to accept anyone as a Member for any reason it deems necessary.
      • e. The signer of this agreement hereby acknowledges that they are over 18 years old.
    2. DISCLAIMER OF WARRANTY AND LIABILITY
        3. TradeMakers USA makes no representation or warranty, either express or implied, and disclaims all liability, as to the fitness, quality, delivery date, merchantability, prices or any term of any trade transaction. Member agrees to indemnify and hold TradeMakers USA harmless with respect to any claim, debt, or liability whatsoever, arising out of any transaction wherein Member is a Buyer or Seller. Member acknowledges that any transaction facilitated by the Network, in Which Member participates is entered into by Member on a voluntary basis. Member agrees to waive any claim, debt, or liability whatsoever against TradeMakers USA arising out of any computer or software malfunction or processing errors.
    3. TAXES
        4. Seller shall be solely responsible to collect and remit to the appropriate taxing Authorities the applicable taxes and shall collect and record these as required by law. Under no circumstances is TradeMakers USA responsible to pay any taxes on behalf of any Member. Transactions involving TradeMakers USA Trade Dollars are generally treated as taxable events for federal, state or provincial, and local tax purposes and TradeMakers USA reports TradeMakers USA Dollar sales to the appropriate government taxing authority. The declaration and reporting of applicable taxes resulting from trade transactions rests solely with the Member. Member agrees to indemnify and hold TradeMakers USA harmless for any actions TradeMakers USA takes to comply with federal, state or provincial, and local laws.
     
  3. ADMINISTRATION OF THE EXCHANGE AND TradeMakers USA TRADE DOLLARS
    1. NATURE OF TradeMakers USA TRADE DOLLARS
      • Members' conduct transactions (purchases or sales of goods or services) using the TradeMakers USA accounting system. Payments are made by posting debits and credits to the buying and selling Members' respective accounts, pursuant to these Rules and in the form of TradeMakers USA Trade Dollars.
      • A "TradeMakers USA trade dollar" is a private currency which operates as contractually accepted tender for specified private debts only, between exchange members, backed only by the goods and services available within the Network, and regulated by TradeMakers USA. TradeMakers USA Trade Trade Dollars denote value received for goods or services sold, and may be exchanged for other goods or services made available by TradeMakers USA Member's. Trade Dollars may be used only in the manner and for the purposes set forth in this agreement & the Policies & Procedures. Neither TradeMakers USA nor Member shall consider TradeMakers USA Trade Trade Dollars as legal tender, securities, or commodities. TradeMakers USA disclaims any and all responsibility for the acceptance or negotiability of TradeMakers USA Trade Dollars or for the availability of goods or services from any source.
    2. LIABILITY FOR TradeMakers USA TRADE DOLLARS
      • Member acknowledges that TradeMakers USA Trade Dollars in the Network (positive balances) are the liabilities of persons who have spent more than their earnings (negative balances); that there is a creditor/debtor relationship between such persons, and that TradeMakers USA transactions incur the normal business risks associated with any credit transaction. Any positive trade balances are solely the liability of Members' who owe TradeMakers USA Trade Dollars to the Exchange and are not the liability of TradeMakers USA.
        • a. Member acknowledges and grants to TradeMakers USA the right and power to regulate and control the number of TradeMakers USA Dollars within the Network.
        • b. Member grants to TradeMakers USA the right and power to borrow from the Network.
        • c. Member is NOT authorized to sell TradeMakers USA Trade Dollars for cash.
     
  4. SUSPENSION OR TERMINATION
    1. If Member violates this Agreement or the currently effective Policies and Procedures, TradeMakers USA may immediately terminate Members' account or may freeze all activity in the account without notice and/or make immediate adjustment to the transactions involved. At its sole discretion, TradeMakers USA may reinstate Member or unfreeze Members' account.
    2. Either party may terminate this Agreement upon seven (7) days written notice to the other party. Upon termination:
      • a. All cash and TradeMakers USA Trade Dollar service fees outstanding become due and payable immediately. No service fees will be refunded.
      • b. Any Member with a negative account balance (where purchases exceed sales) must balance their account with TradeMakers USA Trade Dollars within thirty days of termination date. After said thirty day period, Member must immediately pay TradeMakers USA any remaining negative balance in cash.
      • c. Any Member with a positive balance (where sales exceed purchases) must spend out their account within ninety days of termination. Any trade dollars remaining after ninety days will become the property of TradeMakers USA.
     
  5. FEES
    1. Sign Up Fee:  $149.95 Dues Start Delay:  30 days from signup
      Renewal Fees:  Cash Fees:  Trade Fees: 
      Annual Renewal Fee $25.00 $25.00
      Monthly Fees:  Cash Fees:  Trade Fees: 
      Monthly Dues: $24.95 $10.00
      Buy Trade Fees:  Cash Fees:  Trade Fees: 
      Percent Fee:  2.00% 0.00%
      Sell Trade Fees:  Cash Fees:  Trade Fees: 
      Percent Fee:  2.00% 0.00%
      Fee Option: Standard Fees NOTE: ALL Cash Fees are in USD  

      FOR A LIMITED TIME JOIN FOR FREE USE CODE MTAVIP

      Join My Trade America...just look at some of the benefits!

      • increased revenue
      • stronger cash flow
      • expanded purchasing power
      • conserving cash for essential expenditures
      • exchange of unproductive assets for valuable products and services
      • market growth - both in trade and cash
      • greater marketing opportunities
      • improved efficiency
      • reduction of unit costs
      • new outlets for excess inventory and unused capacity
      • creative financing
      • $2000.00 instant barter credit line
      • Ask how to get barter credit limits of up to $50,000
      Sign Up Fee:  $149.95 Dues Start Delay:  30 days from signup
      Renewal Fees:  Cash Fees:  Trade Fees: 
      Annual Renewal Fee $25.00 $25.00
      Monthly Fees:  Cash Fees:  Trade Fees: 
      Monthly Dues: $12.00 $15.00
      Buy Trade Fees:  Cash Fees:  Trade Fees: 
      Percent Fee:  6.00% 0.00%
      Sell Trade Fees:  Cash Fees:  Trade Fees: 
      Percent Fee:  6.00% 0.00%
      Fee Option: Standard Fees NOTE: ALL Cash Fees are in USD  

      FOR A LIMITED TIME JOIN FOR FREE USE CODE MTAVIP

      Join My Trade America...just look at some of the benefits!

      • increased revenue
      • stronger cash flow
      • expanded purchasing power
      • conserving cash for essential expenditures
      • exchange of unproductive assets for valuable products and services
      • market growth - both in trade and cash
      • greater marketing opportunities
      • improved efficiency
      • reduction of unit costs
      • new outlets for excess inventory and unused capacity
      • creative financing
      • $2000.00 instant barter credit line
      • Ask how to get barter credit limits of up to $50,000

      CREDIT Card Required

    2. Funds for the cash fees must be available at the time of the transaction or it will not be processed. You may do this by having a debit or credit card on file. If You prefer to pay by check You can Pre-pay Your account and we will deduct the fees from Your available balance.
    3. Fees paid to TradeMakers USA are non-refundable. If buyers or sellers do not complete a transaction, or if performance of Members' obligations to each other is disputed, TradeMakers USA will not be obligated to refund any fees it has received. In certain circumstances an approved cash credit may be applied to Members' accounts.
    4. Transaction fees payable are due at time of purchase and fees due for more than 30 days will be assessed a late fee of $25.00 per month, or 5.00% of the unpaid balance, whichever is more.
    5. By acceptance of this agreement the Member agrees personally and corporately to guarantee payment of all cash fees and is responsible for all negative Trade dollars, if any.
     
  6. Past Due Accounts

      If a member's account becomes past due more than 30 days My Trade America Inc.has the option of closing the members account.  My Trade America will also have the option to turn the members account over to collection for all unpaid fees and negative barter balances.  If the member has a positive barter balance, that balance will revert back to My Trade America.  When fees become current, the positive barter balance will be given back to members to spend. The member's account will be reopened with full privileges.

     
  7. MISCELLANEOUS
    1. LEGAL REQUIREMENTS
        2. Member shall abide by applicable international, federal, state or provincial, and local laws or regulations pertaining to Exchange transactions. TradeMakers USA shall not be responsible for any failures on the part of Member to comply with such laws and regulations. Member agrees not to hold TradeMakers USA liable for any action TradeMakers USA takes to comply with applicable laws or regulations.
    2. NO WAIVER OF RIGHTS
        3. TradeMakers USA failure or delay in exercising any right, will not operate as a waiver of that right, nor shall the partial exercise of a right preclude any other or further exercise of any right. TradeMakers USA remedies are cumulative and are not exclusive of any remedies provided by law.
    3. SEVERABILITY; ATTORNEY'S FEES
        4. Every item contained in this agreement is severable from every other term herein. If any term should be judged unenforceable, it shall not affect the enforceability of other terms outlined in this Agreement or the Policies and Procedures. If legal action must be taken by TradeMakers USA, Member shall pay TradeMakers USA reasonable attorney's fees, costs, plus interest from the date of default until payment in addition to any other judgment as granted by a court of law or an acceptable arbitration.
    4. DISSOLUTION
        5. If TradeMakers USA terminates or otherwise ceases to do business, all Members' in a negative TradeMakers USA Trade Dollar position will pay amounts they owe in cash (one TradeMakers USA Dollar being equal to one United States dollar in cash) into a fund. The fund, less expenses, will be distributed pro rata to all Members' who are in a positive TradeMakers USA Trade Dollar position. TradeMakers USA is not liable to any Members' for cash or TradeMakers USA Trade Dollars beyond the distribution of such funds.
    5. SECURITY INTEREST
        6. Member hereby grants TradeMakers USA a security interest in all Trade Dollars in Members' account for the amount of all unpaid cash fees. If Member becomes insolvent or bankrupt all cash fees shall be due and payable in full. TradeMakers USA shall have the option in lieu of filing as a creditor of treating the Trade Dollar balance as equal in value to the amount of cash fees owed, and terminating the account; provided however, that if TradeMakers USA does receive all of its cash fees in full, TradeMakers USA shall reinstate the Trade Dollars to the Members' account.
    6. WARRANTY OF INFORMATION
        7. Member warrants that it provides all information to TradeMakers USA in good faith and that such information is accurate to the best of Members' knowledge.
    7. FAX & E-MAIL SIGNATURES
        8. TradeMakers USA will, and Member agrees that TradeMakers USA may, accept a faxed or e-mailed signature as an original, legal signature.
    8. ENTIRE AGREEMENT
        9. Member acknowledges that it is not relying on any oral representations concerning this Agreement and that the complete agreement between the parties is contained in the Member Application, this Agreement and the Policies & Procedures.
    9. NO WAIVER OF RIGHT
        10. TradeMakers USA's failure or delay in exercising any right, will not operate as a waiver of that right, nor shall the partial exercise of a right preclude any other or further exercise of any right. TradeMakers USA's remedies are cumulative and are not exclusive of any remedies provided by law.
    10. INDEMNIFICATION
        11. MEMBER AGREES TO HOLD HARMLESS AND INDEMNIFY TradeMakers USA, IT'S OFFICERS, AGENTS, REPRESENTATIVES, ASSOCIATES AND ASSIGNS FROM ANY LOSSES, LIABILITY OR DAMAGES WHICH MAY RESULT FROM MEMBERS' PARTICIPATION IN ANY OF TradeMakers USA's TRANSACTIONS, ACTIVITIES, PROGRAMS, PROMOTIONS, OR ADVERTISING, INCLUDING THE COSTS OF LITIGATION AND ATTORNEYS FEES.
    11. JUDGMENT SETTLEMENT
        12. In the event of a dispute between TradeMakers USA and Member resulting in a judgment entered on behalf of the Member against TradeMakers USA, Member agrees that TradeMakers USA  shall have the right to satisfy said judgment in TradeMakers USA trade dollars.
     
  8. APPLICABLE LAW
    1. This agreement shall in all respects be construed under the laws of the State of Ontario.
    2. Venue shall be Richmond Hill, Ontario L4B2G9 Canada.