InterwestUSA, LLC dba FUTUREBANC on-line MEMBERSHIP AGREEMENT

  1. CONTRACT AND MODIFICATION OF CONTRACT
      The following terms & conditions constitute the contract by and among Member and InterwestUSA, LLC dba FUTUREBANC. Any use of InterwestUSA, LLC dba FUTUREBANC to facilitate a transaction by a Network Member (hereinafter Member) constitutes acceptance of all terms, conditions, policies and procedures as most recently adopted by InterwestUSA, LLC dba FUTUREBANC. They apply to all InterwestUSA, LLC dba FUTUREBANC Members' and to all transactions facilitated by InterwestUSA, LLC dba FUTUREBANC. At its sole discretion, InterwestUSA, LLC dba FUTUREBANC may amend this Agreement by giving Member thirty (30) days written notice via e-mail. InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC 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. InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC or its designee and through the medium of InterwestUSA, LLC dba FUTUREBANC Trade Dollars. InterwestUSA, LLC dba FUTUREBANC functions as a clearinghouse for the transactions of the Network membership.
      • b. InterwestUSA, LLC dba FUTUREBANC regulates the Network. InterwestUSA, LLC dba FUTUREBANC acts as a third party record-keeper and administers the clearinghouse function of the Network for the Members'. InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC's services. Member warrants that it is in compliance with all State, Federal, industry and professional laws and regulations.
      • d. InterwestUSA, LLC dba FUTUREBANC 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. InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC responsible to pay any taxes on behalf of any Member. Transactions involving InterwestUSA, LLC dba FUTUREBANC Trade Dollars are generally treated as taxable events for federal, state or provincial, and local tax purposes and InterwestUSA, LLC dba FUTUREBANC reports InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC harmless for any actions InterwestUSA, LLC dba FUTUREBANC takes to comply with federal, state or provincial, and local laws.
     
  3. ADMINISTRATION OF THE EXCHANGE AND InterwestUSA, LLC dba FUTUREBANC TRADE DOLLARS
    1. NATURE OF InterwestUSA, LLC dba FUTUREBANC TRADE DOLLARS
      • Members' conduct transactions (purchases or sales of goods or services) using the InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC Trade Dollars.
      • A "InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC. InterwestUSA, LLC dba FUTUREBANC Trade Trade Dollars denote value received for goods or services sold, and may be exchanged for other goods or services made available by InterwestUSA, LLC dba FUTUREBANC Member's. Trade Dollars may be used only in the manner and for the purposes set forth in this agreement & the Policies & Procedures. Neither InterwestUSA, LLC dba FUTUREBANC nor Member shall consider InterwestUSA, LLC dba FUTUREBANC Trade Trade Dollars as legal tender, securities, or commodities. InterwestUSA, LLC dba FUTUREBANC disclaims any and all responsibility for the acceptance or negotiability of InterwestUSA, LLC dba FUTUREBANC Trade Dollars or for the availability of goods or services from any source.
    2. LIABILITY FOR InterwestUSA, LLC dba FUTUREBANC TRADE DOLLARS
      • Member acknowledges that InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC transactions incur the normal business risks associated with any credit transaction. Any positive trade balances are solely the liability of Members' who owe InterwestUSA, LLC dba FUTUREBANC Trade Dollars to the Exchange and are not the liability of InterwestUSA, LLC dba FUTUREBANC.
        • a. Member acknowledges and grants to InterwestUSA, LLC dba FUTUREBANC the right and power to regulate and control the number of InterwestUSA, LLC dba FUTUREBANC Dollars within the Network.
        • b. Member grants to InterwestUSA, LLC dba FUTUREBANC the right and power to borrow from the Network.
        • c. Member is NOT authorized to sell InterwestUSA, LLC dba FUTUREBANC Trade Dollars for cash.
     
  4. SUSPENSION OR TERMINATION
    1. If Member violates this Agreement or the currently effective Policies and Procedures, InterwestUSA, LLC dba FUTUREBANC 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, InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC Trade Dollars within thirty days of termination date. After said thirty day period, Member must immediately pay InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC.
     
  5. FEES
    1.   Member Ranking Assigned to this Fee A, sees ALL Members  
      Dues Start Delay:  60 days from signup
      Monthly Fees:  Cash Fees:  Trade Fees: 
      Monthly Dues: $10.00 $0.00
      Sell Trade Fees:  Cash Fees:  Trade Fees: 
      Percent Fee:  12.00% 0.00%
      Fee Option: Standard Fees NOTE: ALL Cash Fees are in USD  

      Non-Business Owners may Join Free to list Trade Items.

      List as many Items you wish. Futurebanc earns a 12% Cash Fee from you when your Item(s) Sells. No Fee to Buy - After 60 days, a $10. per month Account Maintenance Fee is charged.

       
        Member Ranking Assigned to this Fee A, sees ALL Members  
      Sign Up Fee:  $495.00 Dues Start Delay:  30 days from signup
      Monthly Fees:  Cash Fees:  Trade Fees: 
      Monthly Dues: $10.00 $10.00
      Negative Balance Interest 6.00% 0.00%
      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 FEE STRUCTURE $495.00 NOTE: ALL Cash Fees are in USD  

      FOR BUSINESS OWERS

      LIMITED TIME PROMOTION

      $495. CASH ACTIVATION FEE. 

      Each Member pays a 6% Cash Service Fee when Buying or Selling, a small $10. Account Fee Monthly to maintain the account, and $10. in Barter Dollars for Advertising Listing.

       
    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 InterwestUSA, LLC dba FUTUREBANC are non-refundable. If buyers or sellers do not complete a transaction, or if performance of Members' obligations to each other is disputed, InterwestUSA, LLC dba FUTUREBANC 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 45 days will be assessed a late fee of $10.00 per month, or 2.50% 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. COPYRIGHT NOTICE WITH BUYING & SELLING SUBSECTIONS F1.1 THROUGH F1.26

      COPYRIGHT NOTICE - Copyright 2000-2007 First Capital Trust. Reward Notice - FUTUREBANC® offers a $25,000.00 cash reward to the first person who reports infringement on FUTUREBANC'S® copyrighted Policies, Terms and Procedures published on this site where such policies, terms and procedures are found to be utilized by a competitive barter organization. The reward will be paid upon FutureBanc obtaining a judgement against the infringing party and damages are collected through a court of law. Upon activating the "Smart Share Account", and becoming a member of FutureBanc, the applicant agrees to abide by and meet all of the following published or written terms as a condition of Membership.

      F1.1 - RELATION - The party of the first part, "InterwestUSA, LLC dba FUTUREBANC®", hereinafter also referred to as "FUTUREBANC", "TRADE EXCHANGE", TRADE SYSTEM", "TRADE NETWORK", LICENSOR" or "FB", and the party of the second part,  "Applicant" hereinafter also referred to as "Member", "Buyer", "Seller", "Guarantor", Account Holder or collectively "Applicant", all of which represent the "PARTIES" to this AGREEMENT as related to the "SMART SHARE ACCOUNT®" or "Trade Network". WHEREBY, the PARTIES enter into this agreement on the date of automated membership activation or live signature and the Applicant agrees to honor and abide by all FUTUREBANC Policies, Terms and Procedures outlined herein in sections 10.14 through 10.39 inclusive, or terms in any portion of written agreement or terms posted on the FutureBanc website. The parties entering into this agreement shall be treated as separate parties or entities. The "SMART SHARE ACCOUNT" as outlined herein is structured and consists of various Copyrighted Trade Policies, Procedures, Rules, Text, and Guidelines that govern the FUTUREBANC Trade System and the "SMART SHARE ACCOUNT". Applicant agrees and acknowledges by signing a paper agreement or accessing FUTUREBANC'S automated system, that all terms and conditions structuring this agreement or as amended time to time by FUTUREBANC will be abided by. Any amendments shall effect all members after proper notice is made through FUTUREBANC newsletters, notices, email or on-line reports that would apply to all members within the FUTUREBANC trade system. The terms of this agreement may be transferred by FUTUREBANC to a Licensee or signee.  In such event terms of a paper contract exists between the "parties" in relation to the SmartShare Account, all terms specified in any signed trade agreement via live signature between the "Parties" shall supercede and take presidence over any online terms, including but not limited to Paragraph D, all of Section 2 a-c, whereby such sections specifying termination of account or agreement will not apply to the applicant. Online terms are subject to Terms specified in any written agreement between the Parties. The selling terms of any written agreement must be met and may not be cancelled by any online terms at any time. Inclusive.     

      F1.2 - SMART SHARE ACCOUNT - Definition. 1.) A buying & selling account opened by the applicant. 2.) Smart Share Account is used for earning and spending "SMART SHARES" (See 10.33 Legal specifying values of "Smart Share") for services, goods or property as offered or obtained by applicant or other FUTUREBANC Members. SMART SHARES as earned by any member are transferred and accepted as payment for any services, goods, property bought or sold through FUTUREBANC between FUTUREBANC Members. A "SMART SHARE" is defined as a unit of credit or barter dollar equivalent in value of "ONE U.S. DOLLAR" or in the alternative and at the discretion of FUTUREBANC, the Euro. Applicant agrees that at no time shall the payment of "SMART SHARES" become due or payable in cash by the Buyer or FUTUREBANC. Seller/Applicant accepts SMART SHARES as payment of kind for services, goods, or property sold through FUTUREBANC and the Smart Share Account.

      F1.3 - APPLICANT DEFINED - 1.) The signee, 2.) the guarantor of agreement, 3.) the trade principal, 4.) the buyer, 5.) the seller, 6.) Member of FUTUREBANC. 7.) Business Entity. Applicant represents he or she is authorized to bind the Business entity established herewith.

      F1.4 - TRANSACTIONS & SELLING TERMS -1.) On-Line Applicants - Applicant agrees to honor and accept trade from other FUTUREBANC Members set at a minimum $2500.00 per month until the Smart Share balance of applicant reaches the Maximum Smart Share Balance of $20,000.00 at which time the Member may decline additional transactions until the Smart Share Balance is reduced by any amount less than the Maximum Smart Share Balance requirement. 2.) The written terms established on paper contract off-line shall take precedence over on-line terms. 3.) Applicant agrees when transacting with any FUTUREBANC Member, a.) All transactions are to be conducted through FUTUREBANC. b.) All transactions are to be approved through the FUTUREBANC automated system or written on the forms or materials provided by FUTUREBANC, including but not limited to the use of the FUTUREBANC SMART CARD provided by FUTUREBANC for crediting and debiting the SMART SHARE Account. c.) Buyer and seller must establish to a sale price. d.) Buyer to present vouchers or SMART CARD to Seller or Seller is to initiates a trade transaction for payment through the FUTUREBANC automated system. e.) Seller calls FUTUREBANC for an "Authorization Number" to validate the transaction if vouchers are utilized, or insert FUTUREBANC SMART CARD into SMART CARD reader and follow the point of sale instructions. f.) Seller checks and records positive I.D. of buyer in the same way a credit card is honored. 4.) Upon payment, seller accepts "SMART SHARES" as payment of kind. As SMART SHARES are transferred from the BUYER to the SELLER, the accumulated SMART SHARES banked with FUTUREBANC will be the sole responsibility of the FUTUREBANC Member receiving said SHARES to expend such shares through the FUTUREBANC System with other FUTUREBANC Members or members of participating or associated reciprocal Barter Companies. 5.) When spending SMART SHARES through FUTUREBANC, the SMART SHARE balance as expended with another Member shall be reduced by the dollar amount of purchase(s) made by the buyer and transferred to the seller's SMART SHARE ACCOUNT. The Member shall at no time what so ever report the trade credit or SMART SHARE balance as a liability of FUTUREBANC to a credit reporting agency or cause such balance to reflect a bad credit rating on FUTUREBANC.

      F1.5 - BUYING & SELLING - 1.) The Buyer is encouraged to obtain estimates or selling prices, start and finish dates when planning purchases in order to establish a fair market price or to control over-pricing. Excessive charging is a violation of the trade regulations as set herewith. 2.) The seller shall furnish all materials, labor, and other charges comprising the purchase price of merchandise or services sold, unless otherwise stipulated in the terms set and outlined in seller's SMART SHARE selling terms established with FUTUREBANC. 3.) Buyer must disclose to the seller that "SMART SHARES" will be utilized as payment through FUTUREBANC before a service is actually started. This will allow FUTUREBANC merchants to plan around normal cash sales. 4.) A Company invoice must be signed by the BUYER, and method of payment written out by the SELLER prior to the start of any service. 5.) According to the offer and terms set with FUTUREBANC or advertised herein, Applicant agrees to accept "SMART SHARES" as "consideration of payment" for services, goods, or property sold or rendered to FUTUREBANC Members. 6.) FUTUREBANC, retains the right to refuse the issuance of Vouchers, SMART CARD, Authorization, or Credit to any Member establishing or maintaining a SMART SHARE ACCOUNT if the Member is lacking credit or in default of any terms set herein. 7.) Applicant agrees: a.) To surrender any goods and/or property to FUTUREBANC ASSIGNS, b.) Pay for goods, property or services with cash to FUTUREBANC /ASSIGNS, in the event the aforementioned in a. and b. are obtained with SMART SHARES through any form of misrepresentation, fraud, false appraisal(s), excessive charging, or, if a breachdefault of contract occurs.

      F1.6 - CREDIT LINE - The FUTUREBANC Member is entitled to a credit line as approved by FUTUREBANC. The credit line as authorized may be utilized for purchases by the FUTUREBANC Member over and above actual SMART SHARES earned. The credit line is considered a loan of credits or Smart Shares and must be paid back by the FUTUREBANC Member in the form of services or goods as offered by Applicant and accepted by FUTUREBANC. SMART SHARE Credit Lines may be increased or decreased by FUTUREBANC at anytime in which the director or broker evaluates the services or goods as offered by the applicant to become slow to market, deemed to be inflated, or the percentage of trade as set by the applicant effects the marketability of services or goods in an unproductive manner. In the event applicant chooses not to extend terms once contract terms have been fulfilled, applicant agrees to render services or goods to FUTUREBANC Members at 100% Trade to balance the account, or pay the balance of credits owed in cash within 30 days from the close of account.

      F1.7 - ARBITRATION - 1.) Applicant agrees and hereby authorizes the officersdirectors of FUTUREBANC to 1.) arbitrate all disputes whose decision is final as to credits, debits, or purchase problems in question. Arbitration may be conducted verbally or in writing. Arbitration may be determined by information obtained verbally or in writing. 2.) Applicant authorizes FUTUREBANC to mediate difficult deals when ever possible.

      F1.8 - RELEASE OF VOUCHERS OR SCRIP - 1.) Upon presenting the FUTUREBANC SMART CARD, Vouchers, Scrip, or other marketing instruments as directed by FUTUREBANC, including the transfer of Smart Share Credits to a FUTUREBANC Seller through FUTUREBANC'S automated system, the buyer releases said marketing and purchasing instruments, the transfer of SMART SHARES to the seller as payment and satisfaction of the service or item(s) obtained. 2.) The buyer holds the seller and FUTUREBANC free from further obligation unless a warranty states otherwise.

      F1.9 - CASH PERCENTAGE - 1.) The seller is entitled to request a partial cash percentage from the Buyer when setting terms with FUTUREBANC if seller's hard cost of stock and/or outside labor exceeds a 50% cash outlay in a single transaction or as established through written terms. 2.) No cash is due to the Buying Member if Scrip or vouchers exceed the sales amount of the transaction. 3.) FUTUREBANC SMART CARD credits & debits may be posted for the exact amount.

      F1.10 - FEES - 1.) Applicant agrees to pay FUTUREBANC the fees related to use of the SmartShare Account according to the Fee Schedule selected by Applicant when opening a Smart Share Account. Service fees are paid at the time Scrip or Vouchers are obtained from FUTUREBANC or Smart Shares are transferred through FUTUREBANC'S automated system, or as barter dolllars are transferred through use of FUTUREBANC SMART CARD. 2.) Applicant agrees to keep a "Fee Bank" posted with FUTUREBANC to cover service fees due on trade transactions when using the Smart Card, or arrange authorization for electronic fee transfers via SMART BANK DEBIT or Credit Card Debit. Any fees due to member as a result of SMART SHARE reversals, or refunds, shall be posted as a SMART SHARE FEE BANK. This fee bank will be accessed by FUTUREBANC to cover any applicable fees that may become due to FUTUREBANC. 3.) FUTUREBANC shall offset any annual fees paid in cash by Member in the form of FUTUREBANC SMART SHARES in the event FUTUREBANC Member receives no use or business in a 12 month period. 4.) FUTUREBANC Member agrees to pay FUTUREBANC recurring annual dues as specified in cash or as billed or debited from member's authorized method of BANK DRAFT DEBIT or other form of debit(s) as arranged between FUTUREBANC and Member. FUTUREBANC Membership terms are effective upon activation of the SMART SHARE ACCOUNT or FUTUREBANC Membership. There are no refunds whatsoever for Activation Fees, Fee Banks, Annual Dues, or Cash Fees paid to FUTUREBANC. Fee Banks/Cash Credits may be applied as service fees towards other transactions as they may occur. 5.) The Applicant/Account Holder authorizes FutureBanc to make an automatic Bank Draft Debit or Credit Card Debit to the Applicant's Bank or Credit Card Account and acknowledges providing FutureBanc with the account information relating to such automatic debits. Applicant shall be financial responsible for any and all fees relating to credit card reversals, disputes, or chargebacks, fee increases incurred by FutureBanc as a result of Applicant's failure to honor the authorized debit to Bank Account or Credit card Account. Should the FUTUREBANC Member breach this specific term of Membership, the FUTUREBANC Member agrees to pay FUTUREBANC all court costs, attorney fees, recovery fees, or charges incurred by FUTUREBANC to recover the fees associated to any credit card reversal amount, chargeback fees or fee increases incurred. The FUTUREBANC Member authorizes FUTUREBANC to present this agreement to any banking institution the FUTUREBANC Member banks with for immediate garnishment without prejudice. 6.) Fees relating to the SmartShare-Net Fee Schedule. Applicant agrees in any event the monthly fee is missed or unpaid in any given month for any reason whatsoever, on part of Account Holder, the SmartShare-Net Fee Option will permanently terminate and may not be re-activated for any reason. The Fee Schedule will then default to the SmartShare Platinum Fee Schedule and shall have no effect on the selling terms of Account Holder. Applicant shall have no legal recourse if in the event the fee option is changed as a result of negligence on part of merchant to maintiain this fee option. If the monthly fee under this option is intentionally missed and a default transpires on part of Account Holder, the combined monthly fees committed by Account Holder will become due and payable in it's entirety to FutureBanc based on any remaining months of selling terms. In the event  the Account Holder spends up all earned Trade Dollars in the SmartShare-Net Account and a default on part of Account Holder transpires and applicant fails to meet the remaining selling terms from that point, the standard SmartShare Platinum Fees will be assessed on all past transactions from the origination date of SmartShare-Net Account and the combined recalculated fees shall become immediately due in cash to FutureBanc in addition to any other default penalties. 7.) Applicant agrees to pay FUTUREBANC 12% annual interest, or a $10.00 late fee (which ever is higher) in cash based on any unpaid fees due to FUTUREBANC that exceeds 30 days from the original due date. Late charge is factored monthly and is charged to the SMART SHARE ACCOUNT of member at the discretion of FUTUREBANC. 
          
      F1.11 - STATEMENTS - 1.) FUTUREBANC Member is entitled to receive a monthly statement when there is trade activity in a productive month by fax or email. 2.) Statements will itemize the credits and charges when comprising the balance of your SMART SHARE ACCOUNT. Statements by mail are available on request for a $5.00 cash charge. As available, and as a courtesy, FUTUREBANC members may obtain account history, balances, statements via FUTUREBANC automated system. In the event FUTUREBANC automated system becomes inoperable for any reason, such does not constitute a breach of contract on the part of FUTUREBANC.

      F1.12 - REFERRALS - 1.) A $150.00 Cash Referral fee will be paid for each referral made by a FUTUREBANC Member. The referral must be new to the FUTUREBANC system, and one with no other SMART SHARE ACCOUNT open with FUTUREBANC. 2.) Each referral must first agree to the conditions outlined in this agreement and set terms accordingly, which include payment of Set-Up/Membership fees. FUTUREBANC is entitled to apply the referral earnings of the Member towards Member's Fee Bank or fees owed by Member. No more than $200.00 in referral monies shall be withheld by FUTUREBANC towards a fee bank. This referral earning does not apply if a member's referral does not pay the normal Set Up fee of $495.00, however a $50. Cash credit shall be applied to the Referring Member's Fee Bank and deducted as Fees become due on future charges. The Referral Fee earning is structured at 1/3 of the actual Set Up Fee charged or collected by FUTUREBANC. The Referral Fee is reduced in any event the the Set Up Fee has been reduced from the normal $495. Set Up Caharge. 

      F1.13 - TIPS & TAXES - 1.) The buyer shall pay sales tax at the time of purchase on all taxable commodities to the seller. 2.) Buyer shall pay gratuities in cash when using the SMART SHARE ACCOUNT in any means. SMART SHARES earned, uncollected, or spent are to be claimed and/or deducted as if on a cash basis. It is the responsibility of FUTUREBANC Member to declare ones own deductions using a qualified accountant or tax preparer.

      F1.14 - DIRECT TRADES PROHIBITED - 1.) The signeeapplicant agrees to use FUTUREBANC SMART CARD, SMART SHARES, FUTUREBANC VOUCHERS, or FUTUREBANC automated system when transacting or face civil penalties. 2.) Applicant agrees to pay liquidated damages to FUTUREBANC in cash of $1000.00 or 25% based on the amount of the direct trade transaction if this clause is breached. 3.) Applicant authorizes FUTUREBANC to freeze the credits of the SMART SHARE Account(s) in question until the damages described herein are paid. (see default) 4.) The Applicant/Member agrees to forfeit $1000.00 in "SMART SHARES" to the party who reports a direct trade. 5.) A direct trade occurs when a "trade" is conducted outside of the FUTUREBANC system between one or more FUTUREBANC Members after obtaining knowledge of a another FUTUREBANC Member's participation with FUTUREBANC, or when a "trade" is conducive to consummating a transaction outside of the FUTUREBANC system when each party to the transaction is a member of FUTUREBANC, or any party to the trade has a SMART SHARE ACCOUNT open with FUTUREBANC and one or more of those parties trade to avoid payment of fees that FUTUREBANC would otherwise be entitled to.

      F1.15 - DEFAULTS - In the event the applicant/member defaults, or breaches any of the terms, rules, regulations as outlined in this SMART SHARE ACCOUNT agreement made with FUTUREBANC or Members with a "SMART SHARE ACCOUNT, including but not limited to Licensees of FUTUREBANC, the FUTUREBANC Member entering into this agreement agrees and covenants to: a.) Pay liquidated damages to FUTUREBANC. Applicant and FUTUREBANC agree and acknowledge that the exact dollar amount of that damage will be difficult to ascertain, and for this reason, applicant agrees that should applicant/member breach any of the terms of this agreement, then, and in that event, damages resulting from said breach of contract by member shall be liquidated in the amount of $5000.00 cash, (or the highest amount permitted by law), or liquidated damages factored at 20% of the "deficient" amount of contract at the time a default or breach of contract occurs (which ever amount is larger) and payable to FUTUREBANC by applicant in cash. b.) Applicant agrees that the "deficiency" is derived from the dollar amount of "SMART SHARES to be honored by member in the remaining months as outlined in the trade contract herein at the time of applicant/member's default or breach of contract. c.) Applicant agrees to allow any credits remaining in the "SMART SHARE ACCOUNT" to be frozen by FUTUREBANC at the time a default occurs until liquidated damages are paid to FUTUREBANC. d.) FUTUREBANC is not to be precluded, however from seeking the alternative remedy of specific performance, at FUTUREBANC'S option. In the event of litigation by FUTUREBANC to enforce any of the provisions set by this SMART SHARE AGREEMENT, including any specific performance hereof as agreed upon by applicant, and should FUTUREBANC prevail in such litigation, applicant agrees to pay cash for all costs and expenses including any reasonable attorney's fees, court costs, or collection agency fee as incurred by FUTUREBANC in such litigation, appeal or collection process. e.) Applicant authorizes the close of account and/or transfer of all credits remaining in SMART SHARE ACCOUNT of applicant to FUTUREBANC if liquidated damages as described herein or fees as due to FUTUREBANC are not paid by Member within thirty days of a collection or default notice. Closure of account or forfeiture of credits does not constitute payment of liquidated damages. The original amount of damages as due from default shall remain due until paid. Applicant is subject to Consumer Fraud, False Advertising, and deceptive business practices in the event terms are advertised to FUTUREBANC Members or non-members based on the terms unfulfilled or agreed upon herein.

      F1.16 - RETURNS - 1.) Credits will be returned to Applicant's SMART SHARE ACCOUNT in the event FUTUREBANC Vouchers are refused for any reason by another member, or the FUTUREBANC Member does not perform on the services agreed upon. 2.) The trade principal returning the Vouchers/Scrip for credit must "sign" a standard Consumer Affairs complaint memorandum in order to recover credits. 3.) Buyer agrees to forfeit service fees paid to FUTUREBANC in the event buyer simply changes mind on purchase. 4.) No credit returns on expired scripcertificates.

      F1.17 - INTEREST - 1.) The Member is entitled to receive 10% interest in SMART SHARES if the balance of the SMART SHARE ACCOUNT a.) Remains the same for a duration of six months or more and the required spending interest requests of the Member have been provided to FUTUREBANC by the Member, b.) the SMART SHARE ACCOUNT is in good standing, inclusive. 2.) SMART SHARE interest is credited monthly until the expiration of the month to month selling terms set by applicant expires. 3.) In the event fees remain unpaid by applicant, interest earnings do not apply during the period of time fees remain unpaid. Member is to pay FutureBanc interest as set by FUTUREBANC on any SmartShares utilized via FutureBanc Credit Line for purchases.


      F1.18 - TERM POLICY - 1.) The terms as set herein are established for a specified period of time. As permitted by law, the Member agrees not to enter into, or sign a trade agreement with any other trade or barter organization while meeting terms with FUTUREBANC if such becomes a conflict to the terms agreed upon herein, or, c.) The Applicant/Member accumulates excessive SMART SHARES or barter dollars between one or more trade systems that commonly causes a member to default on the terms made with FUTUREBANC. Applicant agrees to honor and match the percentage of trade as offered through a competitive barter system and allow FUTUREBANC to advertise such a change in terms to FUTUREBANC Members during the specified selling period of this agreement.


      F1.19 - NAME CHANGES - 1.) The applicant agrees to honor the terms outlined herein in the event the business a.) incorporates, b.) changes name. 2.) In the event business is sold, applicant agrees: a.) to transfer remaining terms to the buyer of the business, b.) pay the default settlement from the monies received on the sale of said business.

      F1.20 - LEGAL - 1.) In relation to NRS 598.950, FUTUREBANC is exempt from bonding based on FUTUREBANC'S method and requirements of operation. 2.) Applicant is entitled to cancel this contract pursuant to NRS 598.950. 3.) IRS Revenue Ruling 80-52 1989-1 CB100 stipulates that ONE "BARTER UNIT OR CREDIT" is factored and equal to "ONE U.S. DOLLAR". The SMARTSHARE shall be treated as a Barter Unit or Credit and are deductible like any deductible claim on a cash deduction. 4.) Applicant acknowledges that no verbal or written promises were made by a representative of FUTUREBANC and the terms of agreement are based on the published provisions outlined in this SMART SHARE AGREEMENT. 5.) Applicant acknowledges that this SMART SHARE AGREEMENT was entered into by the free choice of applicant while of sound mind. 6.) This SMART SHARE ACCOUNT is considered open and membership dues apply if the applicant owes SMART SHARES. Account is considered closed if all terms are met and monies due to FUTUREBANC by applicant are paid in full. 7.) Any unauthorized use of FUTUREBANC published terms or methods of operation are considered copyright infringement and breach of contract. 8.) FUTUREBANC is the same as FUTUREBANC CORP as referred to throughout this agreement. 7.) Applicant shall not at any time utilize FutureBanc methods, materials, information, contacts, procedures in a competitive manner for a duration of 60 months from first signup with FutureBanc or pay civil penalties to FutureBanc set at One Hundred Thousand Dollars or as adjudged through a court of law.

      F1.21 - CONSTRUCTION OF AGREEMENT - Should any provision(s) of this agreement, for any reason, be construed or declared invalid, or unenforceable, such provisions shall not effect the validity or enforcement of any remaining portion, which remaining portion shall remain in full force and effect as if this agreement had been executed with such invalid or unenforceable portion(s) eliminated. This agreement holds precedence over any contract it precedes.

      F1.22 - INDEMNIFICATION - 1.) Applicant holds FUTUREBANC, FUTUREBANC Officers, Directors, Distributors, Licensor, Licensees of FUTUREBANC, FUTUREBANC Members or ASSIGNS (inclusive) personally or collectively free from any and all liability what so ever pertaining to or related to a.) errors or omissions non-criminal in nature, or b.) offers, terms, prices, including but not limited to advertisements, breach of contract, losses, harm, damages, injuries, commitments, deliveries, redemption, misrepresentation, sales or purchase problems, if the aforementioned should arise between Applicant and any FUTUREBANC MEMBER.

      F1.23 - ADVERTISING - Applicant hereby authorizes FUTUREBANC, Licensees, and Distributors, to advertise the terms and offer set herein privately or publicly to existing and/or potential members. Applicant acknowledges that the availability of services, categories, terms and conditions as advertised to applicant are subject to change without notice and such changes do not constitute a breach of contract on part of FUTUREBANC.

      F1.24 - SIGNATURE OR ON-LINE ACCOUNT ACTIVATION - Applicant acknowledges receiving a copy of this agreement as dated, and is deemed a new FUTUREBANC, SMART SHARE ACCOUNT MEMBER upon live signature of applicant on this Agreement, or activation by applicant through FUTUREBANC'S automated system. The FUTUREBANC Member sets all terms as structured herein for and on behalf of said business entity named, or person named on the Smart Share Account or FUTUREBANC Membership and acknowledges he or she is authorized to bind the company named or individual representing company or Member. The Applicant and Business Entity named on any paper Agreement jointly guarantee the terms set herewith. Upon execution of this Agreement or activation through FUTUREBANC'S automated system, the "relation" and all "terms" as outlined in this AGREEMENT become effective immediately.

      F1.25 - MEMBER LIST - 1.) Applicant agrees not to use any changes, expirations, defaults, that may transpire within the Smart Share System, inactivity of a FUTURBANC Member, or changes within the FUTUREBANC Policies, Rules, or Regulations as a basis of fraud, misrepresentation, or deceptive business practices on the part of FUTUREBANC or as a basis to default on the terms made with FUTUREBANC, inclusive. 2.) Member Lists are provided as a courtesy and are subject to change without notice. Member lists are provided for the private use of those who have set, or intend to set terms with FUTUREBANC. 3.) Applicant agrees to pay a cash sum of $10,000.00 to FUTUREBANC in liquidated damages if applicant at any time uses FUTUREBANC materials or trade lists against FUTUREBANC or the officers of FUTUREBANC in a competitive, derogatory, or harmful manner at any time while meeting terms, or after terms have been met with FUTUREBANC and/or legal licensees.

      F1.26 - SERVICING - Member agrees to make every effort possible to provide FUTUREBANC with a minimum of six service requests each month to increase the probability of expending earned SMARTSHARES. In the event Member fails to make such requests, Member agrees not to refuse trade from other members due to applicant's own negligence in making service requests. FUTUREBANC agrees to use reasonable diligence to generate new members into the FUTUREBANC Barter System to promote expenditure ones barter earnings.   

         
     
  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. InterwestUSA, LLC dba FUTUREBANC shall not be responsible for any failures on the part of Member to comply with such laws and regulations. Member agrees not to hold InterwestUSA, LLC dba FUTUREBANC liable for any action InterwestUSA, LLC dba FUTUREBANC takes to comply with applicable laws or regulations.
    2. NO WAIVER OF RIGHTS
        3. InterwestUSA, LLC dba FUTUREBANC 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. InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC, Member shall pay InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC terminates or otherwise ceases to do business, all Members' in a negative InterwestUSA, LLC dba FUTUREBANC Trade Dollar position will pay amounts they owe in cash (one InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC Trade Dollar position. InterwestUSA, LLC dba FUTUREBANC is not liable to any Members' for cash or InterwestUSA, LLC dba FUTUREBANC Trade Dollars beyond the distribution of such funds.
    5. SECURITY INTEREST
        6. Member hereby grants InterwestUSA, LLC dba FUTUREBANC 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. InterwestUSA, LLC dba FUTUREBANC 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 InterwestUSA, LLC dba FUTUREBANC does receive all of its cash fees in full, InterwestUSA, LLC dba FUTUREBANC shall reinstate the Trade Dollars to the Members' account.
    6. WARRANTY OF INFORMATION
        7. Member warrants that it provides all information to InterwestUSA, LLC dba FUTUREBANC in good faith and that such information is accurate to the best of Members' knowledge.
    7. FAX & E-MAIL SIGNATURES
        8. InterwestUSA, LLC dba FUTUREBANC will, and Member agrees that InterwestUSA, LLC dba FUTUREBANC 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. InterwestUSA, LLC dba FUTUREBANC'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. InterwestUSA, LLC dba FUTUREBANC's remedies are cumulative and are not exclusive of any remedies provided by law.
    10. INDEMNIFICATION
        11. MEMBER AGREES TO HOLD HARMLESS AND INDEMNIFY InterwestUSA, LLC dba FUTUREBANC, IT'S OFFICERS, AGENTS, REPRESENTATIVES, ASSOCIATES AND ASSIGNS FROM ANY LOSSES, LIABILITY OR DAMAGES WHICH MAY RESULT FROM MEMBERS' PARTICIPATION IN ANY OF InterwestUSA, LLC dba FUTUREBANC'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 InterwestUSA, LLC dba FUTUREBANC and Member resulting in a judgment entered on behalf of the Member against InterwestUSA, LLC dba FUTUREBANC, Member agrees that InterwestUSA, LLC dba FUTUREBANC  shall have the right to satisfy said judgment in InterwestUSA, LLC dba FUTUREBANC trade dollars.
     
  8. APPLICABLE LAW
    1. This agreement shall in all respects be construed under the laws of the State of Nevada.
    2. Venue shall be Las Vegas,, Nevada 89123 United States.