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Terms and Conditions

1.0 INTRODUCTION
1.1 This agreement sets out the terms and conditions that govern the Membership Rewards Program (the "Program"). By participating in the Program, you agree to these Terms and Conditions. If applicable, these Terms and Conditions replace any previous terms and conditions provided to you in respect of the Program.
There may be separate terms and conditions that govern other tiers of the Membership Rewards program. The separate terms and conditions do not apply to the tiers of the Program governed by these Terms and Conditions and these Terms and Conditions do not apply to the other tiers.

2.0 DEFINITIONS
In this agreement: "Bank", "we", "us" and "our" refer to Amex Bank of Canada, 101 McNabb Street, Markham, Ontario, L3R 4H8; "You", "your", "yours" and "Cardmember" refer to a Basic Cardmember or an individual cardmember who holds a Corporate Card but does not include a Supplementary Cardmember; "Aeroplan Program" means the Aeroplan rewards program managed by Aeroplan Limited Partnership; "Basic Cardmember" means an American Express® cardmember who holds a Card that is issued by us as a Basic Card and in whose name the Card account is held; "Card" means a Charge Card or a Credit Card; "Charge Card" means each American Express charge card that is eligible to participate in the Program as designated by us from time to time and currently includes the American Express Gold Card, The Platinum Card, the Lifetime® Card, the American Express Card, the American Express Holt Renfrew Platinum Card, the Corporate Card and the American Express Corporate Card for Small Business; "Companion Card" means an American Express Companion Credit Card that is associated with a Charge Card other than a Corporate Card or American Express Corporate Card for Small Business; "Corporate Card" means American Express Corporate Cards with card account numbers beginning with 37358, 37359, 37326, 37905, 37906, 37907 or 37920 but does not include an American Express Corporate Card for Small Business; "Credit Card" means each American Express credit card that is eligible to participate in the Program as designated by us from time to time and currently includes the American Express Tiger Woods Credit Card, a Companion Card and an American Express Credit Card beginning with 37350 and renewals and replacements of Credit Cards beginning with 37350; "Earn Rate" means each earn rate for points applicable to the Cardmember, including the base earn rate, the Points Accelerator earn rate and any other additional earn rate that we may offer and for which the Cardmember is qualified; "Points for Credit" is defined in section 7.5; "Program" means the Membership Rewards Program; "Program Account" means an account that we maintain for points earned in respect of the Program; "Supplementary Cardmember" means an American Express cardmember who holds a Card that is issued by us as a Supplementary Card associated with a Basic Cardmember's Card account and includes a Supplementary Card associated with a Basic Cardmember's American Express Corporate Card for Small Business; "Terms and Conditions" refers to this agreement, as amended or supplemented from time to time; "Third Party Program" means the airline frequent flyer, hotel frequent guest or any other form of third party rewards programs that participate in the Program from time to time and currently includes, without limitation, the Aeroplan Program; and References to "points" means points issued in accordance with the Program unless otherwise provided.

3.0 TIERS AND ELIGIBILITY
3.1 The Program currently has four (4) tiers that are governed by these Terms and Conditions: Membership Rewards Tier, Membership Rewards Credit Card Tier, Membership Rewards Holt Renfrew Level Tier and Membership Rewards Club Level Tier. American Express Cards that are not referred to in these Terms and Conditions are currently not eligible for the Program. Other tiers of the program are governed by separate terms and conditions.

3.2 Membership Rewards Tier
Enrollment in the Membership Rewards Tier of the Program is automatic and complimentary for Cardmembers holding one of the following Charge Cards: American Express Gold Card, The Platinum Card and the Lifetime Card. Cardmembers holding an American Express Card, American Express Corporate Card for Small Business or a Corporate Card are not automatically enrolled in the Program and must choose to participate and pay the applicable annual fee in order to enroll in the Membership Rewards Tier of the Program. In the case of a Corporate Card, the Cardmember must choose to enroll in the Program and participation is also subject to the approval of the company or other entity in whose name the account is opened. Cardmembers enrolled in the Membership Rewards Tier of the Program are currently eligible to redeem for all rewards offered by the Program including the Aeroplan Program with the exception of Corporate Card members who are not eligible for Points for Credit.

3.3 Membership Rewards Credit Card Tier
Enrollment in the Membership Rewards Credit Card Tier of the Program is automatic and complimentary for Cardmembers holding a Companion Card associated with a Charge Card that is enrolled in the Program. Cardmembers holding an American Express Tiger Woods Credit Card or an American Express Credit Card beginning with 37350 are not automatically enrolled and must choose to participate and pay the applicable annual fee in order to enroll in the Membership Rewards Credit Card Tier of the Program. Cardmembers enrolled in the Membership Rewards Credit Card Tier of the Program are currently eligible to redeem for all rewards offered by the Program except for the Aeroplan Program and Points for Credit.

3.4 Membership Rewards Holt Renfrew Level Tier
Enrollment in the Membership Rewards Holt Renfrew Level Tier of the Program is automatic and complimentary for Cardmembers holding the American Express Holt Renfrew Platinum Card. Cardmembers enrolled in the Membership Rewards Holt Renfrew Level Tier of the Program are currently eligible to redeem for all rewards offered by the Program including the Aeroplan Program. In addition, only Cardmembers enrolled in the Membership Rewards Holt Renfrew Level Tier are eligible to redeem for Holt Renfrew E-Gift Cards, which can be used towards purchases of merchandise or services at Holt Renfrew locations across Canada. Please refer to additional terms and conditions governing the redemption for E-Gift Cards in the American Express Holt Renfrew Platinum Card welcome package.

3.5 Membership Rewards Club Level Tier
Enrollment in the Membership Rewards Club Level Tier of the Program is automatic and complimentary for Cardmembers holding the American Express Tiger Woods Credit Card. Cardmembers enrolled in the Membership Rewards Club Level Tier are not eligible to redeem points for airline tickets, travel certificates or to transfer points to airline frequent flyer programs participating in the Program, including without limitation the Aeroplan Program. Cardmemebers enrolled in the Membership Rewards Club Level tier are also not eligible for Points for Credit.

4.0 SUPPLEMENTARY CARDS AND CORPORATE CARDS
4.1 The Program and points are for the sole benefit and use of Cardmembers. Supplementary Cards are automatically included in the Program in the same tier as the Basic Card account and in the Points Accelerator® service if the Basic Card account is enrolled in that service.Points earned by a Supplementary Cardmember can only be redeemed by the Basic Cardmember. Points will only be issued to the Basic Cardmember and will be recorded in the Basic Cardmember's Program Account. Supplementary Cardmembers are not considered participants in the Program because their Cards are issued on the Basic Cardmember's Card account. Supplementary Cardmembers do not have any rights against us, our parent, affiliates and subsidiaries in respect of the Program or points.
4.2 In the case of Corporate Cards and the American Express Corporate Card for Small Business, the Program and points are also for the sole benefit and use of Cardmembers even if the company or other entity in whose name the account is opened has paid the Program fees. Points can only be earned by, issued to and redeemed by Cardmembers. The company or other entity in whose name the account is opened is not considered a participant in the Program and does not have any rights against us, our parent, affiliates and subsidiaries in respect of the Program or points. If the Cardmember has a personal Card account enrolled in the Program and chooses to link a Corporate Card or an American Express Corporate Card for Small Business Program Account to such personal account, then all points will accumulate in the Cardmember's personal Program Account (subject to any restrictions in these Terms and Conditions with respect to pooling points).

5.0 FEES
5.1 Annual fees, where applicable, will be billed to the Card account billing statement on the enrollment date, and thereafter, automatically each year on the anniversary of the enrollment date. The enrollment date will be considered the day that enrollment processing is completed by us as determined by us at our sole option and discretion. Annual fees are subject to applicable taxes.
5.2 Annual fees are subject to change. For information on current annual fees (including the Points Accelerator service or upgrading from one tier to another tier, if applicable) please visit www.americanexpress.ca or call 1-800-668-2639.

6.0 POINTS ACCUMULATION AND THE POINTS ACCELERATOR SERVICE
6.1 Subject to these Terms and Conditions, points are calculated on each purchase of goods or services charged to your Card. Each purchase is multiplied separately by each applicable Earn Rate to determine the number of points. However, only full points will be earned. A fraction of one point is rounded up from and including .50 points and rounded down if it is less than .50 points. Therefore, we will disregard and not accumulate a fraction of one point that is less than .50 points.
6.2 Points will be deducted for each return and adjustment. Each return or adjustment is multiplied by the appropriate Earn Rate to determine the number of points to be deducted. Points will be deducted based on the appropriate Earn Rate at the time of calculation even though the returns or adjustments may relate to purchases that earned points at a different Earn Rate. A fraction of one point to be deducted will be rounded up or down on the same basis as points earned as described above. Points will be deducted for returns or adjustments from points earned and will also be deducted from future issued points for returns or adjustments which are not fully offset by points earned. We may also deduct points from points or other rewards that have already been issued by Third Party Programs.
6.3 Items submitted to us or recognized by our systems as being purchases or charges for travellers cheques or foreign currencies, cash advances, balance transfers, Amex Cheques, Express Cash transactions, annual fees, finance charges and/or other fees or charges are not eligible to earn points.
6.4 Points will not be calculated on a purchase, return or adjustment until it is posted to your Card account. With the exception of Corporate Cards, points earned on purchases or deducted on returns or adjustments are credited to or deducted from the Program Account throughout your Card account billing periods. For Corporate Cards, points earned on purchases or deducted on returns or adjustments in a billing period will not be credited to or deducted from the Program Account until after the end of the billing period. The linking of Cards to one Program Account as permitted in these Terms and Conditions will not affect when points are credited to or deducted from the Program Account for each Card. Your Membership Rewards Account Summary provides a statement of the total points credited to and deducted from the Program Account during the period covered by your Membership Rewards Account Summary. This is not necessarily the same period as your billing statement.
6.5 Subject to these Terms and Conditions, you can earn points as follows:
(a) Cardmembers enrolled in the Program (not including Platinum Card members and American Express Holt Renfrew Platinum Card members) will have an Earn Rate of one (1) point for every $1.00 in eligible purchases charged to their Card accounts that are participating in the Program and that have been billed to their Card accounts as well as associated Companion Cards and Supplementary Cards, if applicable and calculated as set out in these Terms and Conditions.
(b) Eligible Cardmembers enrolled in the Points Accelerator service will have an additional Earn Rate of 0.5 points for every $1.00 in eligible purchases charged to their Card accounts that are participating in the Program and that have been billed to their Card accounts, as well as associated Companion Cards and Supplementary Cards, if applicable and calculated as set out in these Terms and Conditions. Optional enrollment in the Points Accelerator service is available for an annual fee to American Express Gold Card members including associated Companion Cards and such other Cards as we may determine from time to time.
(c) Platinum Card members and American Express Holt Renfrew Platinum Card members are automatically enrolled in the Points Accelerator service and will have Earn Rates of one (1) point and 0.5 points for every $1.00 in eligible purchases charged to their Card accounts and that have been billed to their Card accounts, as well as associated Companion Cards and Supplementary Cards, if applicable and calculated as set out in these Terms and Conditions.
Examples:
For a purchase of $69.49 and Earn Rates of one point per $1.00 and 0.5 points per $1.00 for the Points Accelerator service, points will be earned as follows:
- Earn Rate of 1 point per $1.00 (1x69.49 = 69.49 rounded down to 69 points)
- Earn Rate for Points Accelerator service of 0.5 points per $1.00 (0.5x69.49 = 34.745 rounded up to 35 points) total points earned is 104 points (69+35 = 104)

7.0 POINT REDEMPTION
7.1 Points earned in a Program Account can only be redeemed by the Cardmember (which does not include Supplementary Cardmembers). In order to redeem points, the Program Account must be active (meaning not cancelled by you or by us) and all Cards enrolled must be in good standing (meaning no account is cancelled, past due or otherwise in default under the terms of the Cardmember Agreement).
7.2 Cardmembers enrolled in tiers of the Program that are eligible to transfer points to a Third Party Program must link the Program Accounts in their names to the Third Party Program in their names. Terms, conditions and restrictions may apply to the Third Party Program including without limitation minimum points transfer requirements. We will determine the method for calculating and managing the transfer of points to Third Party Programs or for redemption in respect of other Program rewards at our sole option and discretion.
7.3 In the event that a participating Third Party Program withdraws or is otherwise terminated from the Program, we reserve the right, without prior notice, to limit the number of points or no longer permit points to be transferred to that Third Party Program prior to and subsequent to the termination date of such Third Party Program's participation in the Program.
7.4 Cardmembers should allow a minimum of three (3) business days for point transfer to a Third Party Program and Points for Credit to be applied to their Card account. Approximately two (2) weeks will be required for the delivery of certificates, tickets or other material for other redeemed rewards. Merchandise rewards may take 4-6 weeks for delivery. Some items may have longer delivery times as indicated in the merchandise description.
7.5 Subject to these Terms and Conditions, Cardmembers enrolled in the Program (other than Corporate Cards and Cards enrolled in the Membership Rewards Credit Card Tier and Membership Rewards Club Level Tier) are eligible to redeem points for a credit to their Card account ("Points for Credit"). Points for Credit may only be redeemed at the redemption rates and in the increments set by us for the Program from time to time. Redemption rates, increments and other terms and conditions in respect of Points for Credit may be different for other eligible tiers of the Program. You cannot have Points for Credit reversed once we receive and process your redemption request. We will not accept requests to redeem Points for Credit for cash, cheque or in any other form. However, at our sole option and discretion we may issue Points for Credit in a form other than a Card account credit. We reserve the right to restrict Points for Credit if your Card account has or will have a credit balance or in any other circumstances that we determine at our sole option and discretion. Notwithstanding the redemption of Points for Credit, it is your sole responsibility to pay the applicable amount owing on your Card account in accordance with your Cardmember Agreement.
7.6 For Cardmembers requesting that a points transfer to a participating Third Party Program be processed faster than three (3) business days and if faster processing is available for that Third Party Program, we will deduct additional points from the Program Account for providing the faster processing service.
7.7 We are entitled to rely upon and use any Third Party Program account number that you provide to us; however, any such account number that you provide may be subject to validation by the Third Party Program including validation that the account number (a) is correct or (b) is in the same name as the Cardmember's name. We are entitled to rely upon and use any Third Party Program account number that is provided to us by a Third Party Program as your Third Party Program account number regardless of any account number that you have previously provided to us.
7.8 The number of points required for each reward, minimum transfer requirements and other restrictions are available at www.americanexpress.ca or by calling 1-800-668-2639. Please ensure that you reference your tier of the Program as requirements may differ between tiers of the Program.

8.0 LINKING ACCOUNTS, POOLING POINTS AND MOVING TIERS
8.1 A Cardmember may link Basic Cards in his or her name and that are eligible to participate in the Program to one Program Account in his or her name provided all the Cards are in the same tier of the Program except as provided in these Terms and Conditions or as we permit from time to time at our sole option and discretion and subject to any applicable fees.
8.2 An annual fee may apply in order to link a Corporate Card to the Program Account of a Card enrolled in the Membership Rewards Tier.
8.3 Points earned from the use of Credit Cards cannot be transferred to the Aeroplan Program. Therefore separate Program Accounts must be maintained for points earned on Credit Cards which are part of the Membership Rewards Credit Card Tier and points earned on Charge Cards. Cards enrolled in the Membership Rewards Tier and the Membership Rewards Credit Card Tier may be linked to each other. However, points cannot be transferred from a Program Account associated with a Credit Card to a Program Account associated with a Charge Card. If a Program Account associated with a Credit Card is linked to a Program Account associated with a Charge Card, points may only be transferred from the Program Account associated with the Charge Card to the Program Account associated with the Credit Card. Cardmembers who pool points in this manner will be eligible to redeem rewards offered by the Membership Rewards Credit Card Tier of the Program which does not include the Aeroplan Program.
8.4 Points previously earned on Credit Cards are also not eligible for the Aeroplan Program. Therefore, all existing Program Accounts under the previous Membership Rewards Tier before the establishment of the current Membership Rewards Credit Card Tier will be divided into two separate Program Accounts based on the following method of calculation:
(a) If the total number of points historically earned on Credit Cards (including bonus points earned on Credit Cards) in a Program Account since the Cardmember joined the Program is greater than the total number of points historically redeemed from the Program Account (which includes points earned both on Credit Cards and Charge Cards) up to and including February 12, 2004, the difference will be assigned to a new Program Account in the Membership Rewards Credit Card Tier effective February 12, 2004. Effective February 12, 2004, the existing Program Account in the Membership Rewards Tier will be reduced by the number of points that has been re-assigned to the new Program Account in the Membership Rewards Credit Card Tier. Points re-assigned to a Program Account in the Membership Rewards Credit Card Tier cannot be transferred to a Program Account in the Membership Rewards Tier. However, remaining points may be transferred from the existing Program Account in the Membership Rewards Tier to the new Program Account in the Membership Rewards Credit Card Tier. This will allow the pooling of unredeemed points to be restored and the points will then be eligible to redeem rewards offered by the Membership Rewards Credit Card Tier of the Program which is all of the rewards that were offered by the Program before the introduction of the Aeroplan Program. As of February 12, 2004, points earned will be distributed to Program Accounts in accordance with section 8.3 above.
(b) If the total number of points historically earned on Credit Cards (including bonus points earned on Credit Cards) in a Program Account is less than or equal to the total number of points historically redeemed (which includes points earned both on Credit Cards and Charge Cards) from the Program Account up to and including February 12, 2004 any existing points that have not been redeemed will remain in the existing Program Account in the Membership Rewards Tier effective February 12, 2004. A new Program Account in the Membership Rewards Credit Card Tier will also be established effective February 12, 2004 which will initially have a points balance of zero. As of February 12, 2004, points earned will be distributed to Program Accounts in accordance with section 8.3 above.
8.5 If we permit a Cardmember to move a Card participating in one tier of the Program (the "Existing Tier") to another tier of the Program (the "New Tier"), we may require that the Cardmember redeem all points in the Program Account for the Existing Tier before moving the Card to the New Tier. If so, any points in the Program Account not redeemed prior to the move will be forfeited. Similarly, if we permit a Cardmember to switch a Card from participating in this Program to participating in a loyalty program that does not participate in the Program (an "Alternative Loyalty Program"'), we may require that the Cardmember redeem all points in the Program Account before switching the Card to the Alternative Loyalty Program. If so, any points in the Program Account not redeemed prior to the switch will be forfeited. In either case, if we do allow you to move the points in the Program Account to the New Tier or Alternative Loyalty Program, they will be governed by the New Tier or Alternative Loyalty Program terms which may involve different or more restrictive redemption rights and/or, at our discretion, a conversion in the number of your points. At our discretion, the New Tier or Alternative Loyalty Program will apply to purchases, returns and adjustments which have been posted to the Cardmember's Account before the date on which the move or switch occurs if points for these transactions have not been credited to or deducted from the Program Account by the date on which the move or switch occurs. Once the move or switch is effective, the New Tier or Alternative Loyalty Program will apply even though this may involve returns, adjustments or other calculations that relate to purchases that earned points under the previous tier of the Program.

9.0 LIMITATION OF LIABILITY AND ADDITIONAL TERMS
9.1 All rewards are subject to availability and restrictions may apply as to when rewards can be redeemed. In the case of merchandise rewards that we provide and that are not available, we reserve the right to substitute merchandise that we determine is of equal value or credit the Program Account at our sole option and discretion. Redeemed rewards are not refundable, exchangeable, replaceable or transferable for cash or credit unless specifically permitted by these Terms and Conditions. Cardmembers are solely responsible for determination of any tax liability arising out of earning or redemption of points. Cardmembers are subject to and must comply with any additional terms, conditions and restrictions that apply to rewards.
9.2 We assume no responsibility for points transferred to a Third Party Program account or for the actions by the Third Party Program in connection with their respective programs or otherwise. Cardmembers are subject to and must comply with the terms, conditions and restrictions of the Third Party Program. Additional fees and charges may also apply to participation in Third Party Programs and these fees and charges are solely the responsibility of the Cardmember. Third Party Programs and their principals shall not be treated as our agents for any purpose. We cannot provide information about points once they are transferred to a Third Party Program.
9.3 Once earned points in a Program Account have been redeemed for any reward in the Program including transfer to a Third Party Program, the points cannot be transferred back into the Program Account.
9.4 By redeeming a reward, the Cardmember releases us, our parent, subsidiaries and affiliates from any and all liability to Cardmembers, guests of Cardmembers or any other person regarding the redemption of points, the receipt or use of any reward or other participation in the Program. We are not responsible for lost or stolen rewards, certificates or tickets (including without limitation E-Gift Cards or merchandise rewards).
9.5 For certain rewards, the Cardmember may be required to sign an additional waiver releasing us and the rewards supplier from all liability. Failure to sign this waiver may result in cancellation of the reward.
9.6 Any additional meals, transportation or accommodation arrangements (or other incidental expenses) made in connection with redeeming or taking advantage of any reward will be the sole responsibility of the Cardmember. Unless otherwise stated, alcoholic beverages, any applicable taxes, gratuities and transportation to and from a reward destination are not included.
9.7 We, our parent, subsidiaries and affiliates are not responsible whatsoever for Third Party Programs or any obligation in connection with their operation or any expense, loss, injury, damage, delay, accident or any other matter whatsoever, however suffered or caused, directly or indirectly arising out of participation in a Third Party Program including, without limitation, (i) delay in enrollment of a Cardmember in the Third Party Program, for whatever reason; (ii) unauthorized redemption of rewards from a Third Party Program; (iii) failure or delay by the Third Party Program or any other person to redeem rewards or to provide any goods or services (including without limitation any travel, transportation or accommodation services), for whatever reason; (iv) loss or damage caused by goods and services supplied or requested in connection with the Third Party Program; (v) any changes to a Third Party Program with or without notice; (vi) termination of a Third Party Program, with or without notice, for whatever reason; and (vii) expiry of or revocation of your points or miles provided by the Third Party Program or your participation in the Third Party Program, with or without notice, for whatever reason. You agree therefore not to make any claims against us for any matter connected in any way with a Third Party Program. All recourse for any and all liability in connection with a Third Party Program is against the third party only.
9.8 To the extent permitted by applicable law and subject to any provisions in these Terms and Conditions which limit our liability, we, our parent, subsidiaries and affiliates will not be liable to you or any third party for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind whatsoever arising from or in connection with the Program, points, rewards or Third Party Programs (whether in contract, tort, strict liability, products liability or otherwise), including, without limitation, lost revenues, loss of profits or loss or interruption of business. In no event shall we be liable to you for any delay in or failure to perform due to causes beyond our control, including, without limitation, any act of God or any act or omission of a third party.
9.9 The sections under the heading Limitation of Liability and Additional Terms in these Terms and Conditions will survive termination of your participation in the Program.

10.0 INSURANCE PROGRAMS
10.1 The following Cardmember insurance programs will not apply to flights, accommodations or car rentals taken with redeemed points or points converted into rewards or points with Third Party Programs: Travel Accident Insurance, Automatic Flight Insurance, Automatic Flight Insurance Plus, Flight and Baggage Delay Insurance, Hotel/Motel Burglary Insurance, Lost or Stolen Baggage Insurance, Car Rental Theft and Damage Insurance. Coverage for Automatic Flight Insurance and Automatic Flight Insurance Plus will only be activated pursuant to the terms and conditions of such coverage which includes (but is not limited to) the purchase of the full fare of the ticket on an eligible American Express Card. Coverage under the insurance programs listed above, excluding Automatic Flight Insurance and Automatic Flight Insurance Plus, will only be activated pursuant to the terms and conditions of such coverage, which includes (but is not limited to) the purchase of the ticket, car rental or accommodations with an eligible Card or the redemption of a Membership Rewards Travel Certificate or a Membership Rewards Car Rental Certificate providing at least 50% of the cost (excluding taxes) of the ticket, car rental or accommodations is charged to an eligible Card.

11.0 EXPIRY/CANCELLATION/TERMINATION/TRANSFER/AMENDMENT
11.1 Cardmembers will have until December 31, 2008 to accumulate points and to request a reward. Reward certificates will be honoured for six (6) months from the date of issue and then expire unless otherwise provided at our sole option and discretion.
11.2 To cancel enrollment in the Program or to cancel enrollment in an optional service associated with the Program at any time please call 1-800-668-2639.
11.3 We may cancel or reverse any points not properly issued. We may refuse to issue points or redeem rewards or we may cancel points already issued to you if we consider you to be in default under the terms of a Cardmember Agreement, if we have reason to believe that you caused or allowed a breach of the conditions of use of a Card or a breach of these Terms and Conditions, or for any other reason.
11.4 At our discretion we may, but are not obligated, to offer special promotions or additional opportunities to earn points at the rate and on the terms and conditions as we may determine from time to time.
11.5 We reserve the right to cancel, change or substitute the rewards or the Program at any time with or without notice. Required point levels for rewards are subject to change without notice. Third Party Programs may be changed or terminated at any time, for any reason, with or without notice. It is your responsibility to keep up to date on the terms and conditions and all other particulars of any Third Party Programs.
11.6 We reserve the right to change the Program terms and conditions including without limitation assignment and reassignment of tiers and associated rights, at any time without notice. We may establish additional tiers of the Program. Additional American Express Cards or existing Cards as we may determine from time to time may be added to an existing tier or to a new tier of the Program. We may also terminate, amalgamate and otherwise change tiers of the Program. We may introduce fees or change the fees that we charge for participation in the Program, a tier of the Program, to move tiers within the Program or for optional services. We may change the rate at which you earn points or otherwise change the calculation of points.
11.7 Fraud or abuse relating to the earning of points in the Program or redemption of rewards including fraud or abuse related to transfers of points to a Third Party Program, may result in forfeiture of earned points as well as cancellation of a Program Account.
11.8 If for any reason we cancel any Card account enrolled in the Program, all points earned in the Program Account will be forfeited. All Card accounts must be active and not cancelled in order to participate in the Program.
11.9 Points earned in the Program Account do not constitute property of the Cardmember and are not transferable except as permitted in accordance with these Terms and Conditions. Points have no cash or monetary value. For greater certainty, Points for Credit permitted by these Terms and Conditions and the redemption rates for Points for Credit will not be considered as a cash or monetary value of points or the program.
11.10 If a Cardmember cancels any linked Card accounts, any points earned in the Program Account will be forfeited unless (a) one of the remaining linked accounts is an American Express Gold Card, The Platinum Card or Lifetime Card, or (b) the Cardmember requests and pays the applicable annual fee for one of the remaining linked accounts to continue to participate in the Program. If there are no other linked accounts, any points earned will be forfeited unless the Cardmember enrolls an eligible Card account to participate in the Program and pays any applicable annual fee. If the Cardmember withdraws enrollment from the Program or otherwise cancels the Program Account, any points earned will be forfeited. The Cardmember can have forfeited points reinstated if an eligible new or reinstated eligible Card account is requested and any applicable Program enrollment fees are submitted within one (1) month of Program Account cancellation. However, points remain subject to any restrictions on transfer and pooling between tiers as set out in these Terms and Conditions.
11.11 In the event of a Cardmember's death and the subsequent cancellation of Card(s) held in his or her name, points earned in the Program Account may be redeemed by the beneficiary designated by the Estate Trustee or Executor. In the case of a Corporate Card, points earned to the Account of a deceased Cardmember will not be transferred to the company or other entity. If the beneficiary is a Cardmember enrolled in the Program, points may be transferred to his or her Program Account provided the deceased's and the beneficiary's Program Accounts are in the same tier of the Program. Points remain subject to any restrictions on transfer and pooling between tiers as set out in these Terms and Conditions. If the beneficiary requests that points be transferred to a Third Party Program, such transfer can only be made to the Third Party Program account held in the name of the deceased Cardmember. Points transferred to a Third Party Program cannot be transferred back to us and are governed by the terms and conditions of the program in which they are held. Prior to any point transfer to a Third Party Program, the beneficiary should contact the operator of the Third Party Program to determine the terms, conditions and restrictions with respect to transferring points to the deceased Cardmember's Third Party Program and the accessibility of transferred points.

12.0 GENERAL
12.1 All questions or disputes regarding eligibility for the Program or the eligibility of points for earning or redemption of rewards including transfer of points to a Third Party Program, will be resolved by us in our sole discretion.
12.2 You and the Bank expressly request and require that those Terms and Conditions and all other related documents be drafted in English. Le client et la Banque ont expréssement demandé que cette convention et tous les documents qui s'y rattachent soient rédigés en anglais.
12.3 The headings to each section of these Terms and Conditions are added for convenience and do not change the meaning of any provisions of these Terms and Conditions.
12.4 These Terms and Conditions will be governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario.

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