The PEX Ambassador Program (“Ambassador Program” or “Program”) offered by PREPAID EXPENSE CARD SOLUTIONS, INC., a Delaware corporation (“PEX”) has been created to reward you (“Ambassadors” or “you”) for recommending us to other companies who enroll as PEX customers, open PEX accounts and reach certain specified goals. It is also created to reward these new customers by offering them preferential pricing. These Terms and Conditions are a binding agreement between you and PEX and will govern your participation in the Ambassador Program. By enrolling here, referring customers and participating in the Program, you agree to the Terms and Conditions. These Terms and Conditions are effective as of September 1, 2016.
HOW THE PROGRAM WORKS
1. Ambassador Program Eligibility Criteria
To be eligible to participant in the Program and potentially receive payments for Qualified Referrals (as defined below), an eligible Ambassador must:
• Enroll in the PEX Ambassador program on PEX’s website
• Agree to and accept these Terms and Conditions
• Be approved by PEX, in its sole discretion
• Submit a W9 form, indicating a physical address where checks can be mailed
• Be a natural person resident in the United States or a company organized in the United States
Ambassadors may not promote the Program or their Ambassador Code through paid media, such as billboards, banner advertisements, or sponsored search results. Ambassadors may not enter into any arrangement with any third party that compensates that third party for promoting the Program, the Ambassador’s Code, or referrals without prior written approval of PEX.
After completing the enrollment process and upon approval by PEX, PEX will issue the Ambassador a unique referral code (“Ambassador Code”) which must be used by each Qualified Referral at the time of their enrollment. This allows PEX and the Ambassador to track the Ambassador’s Qualified Referrals. Only Qualified Referrals brought to PEX with the Ambassador Code included in such Qualified Referrals’ enrollment processes will be counted toward any referral awards described below.
2. Qualified Referrals
Ambassadors will be eligible for the referral award described in Section 3 with respect to a referral if each such referral meets the criteria below (each such referral who meets the criteria shall be called a “Qualified Referral”):
• Ambassador’s referral(s) must enroll in the PEX Service and meet certain activation and usage eligibility criteria (Hyperlink to “offer” on site) and PEX reserves the right, in its sole discretion, to approve, decline or terminate any referral, Qualified Referral and its account
• Ambassador’s referral(s) must have included the Ambassador Code associated with Ambassador’s enrollment during the referral’s enrollment process with PEX
• Current PEX customers cannot be Qualified Referrals
• Referrals that have been PEX customers within the last 120 days from when such referrals enroll with the Ambassador Code are not Qualified Referrals
• Ambassadors may elect to open their own PEX account, but such account does not qualify for any awards and Ambassadors may not be Qualified Referrals themselves.
• New referrals can only be associated with one Ambassador – A Qualified Referral will be credited to the first Ambassador who referred the new PEX customer.
• All Qualified Referrals shall receive the special preferential pricing for the PEX Service
3. Referral Award
Qualified Ambassadors shall be eligible to receive compensation in the form of referral awards as described here for Qualifying Referrals as described above.
4. Payment method and Timing
Once PEX determines that referral award(s) are due to an Ambassador, a paper check will be issued to the Ambassador within one (1) month from the date the referral qualifies; provided that the referral award is at least $50. Any referral awards which are less than $50 shall be accumulated by PEX and paid out to the Ambassador once the total referral awards reach at least $50. By way of example, PEX will conduct a review of the Program at the end of each month. Qualified Referrals that crossed thresholds during that month will be accumulated and “credited” to the Ambassador. The full amount due to the Ambassador will be paid by the end of the month following that review and will be received by the Ambassador shortly thereafter (3-10 days) depending on US mail delivery time variability.
Checks will be addressed to the person or entity indicated on the IRS W9 form submitted by the Ambassador. If the Ambassador fills in line 1 of the form with their business/legal entity name and indicates Employer Identification number in Part 1 of the form, the check will be made out to the business; if they indicate their own name on line 1 of the form, and provide their social security number in Part 1, then checks will be made out to the Ambassador as an individual. The Ambassador shall have the responsibility for the payment of any and all federal, state and local taxes that may be due with respect to any referral awards payable to the Ambassador pursuant to the Program.
Check expiration: Checks generated have a 60-day expiration from date of issue.
5. Term and Termination
The term of this agreement will begin upon the issuance of the Ambassador Code by PEX and will end when terminated by either party.
PEX reserves the right to modify these Terms and Conditions and any aspect of the Ambassador Program, including any referral awards under the Program and the Ambassador Program at any time, at its sole discretion, and without notice to you. PEX may also, in its sole discretion, cancel or suspend the Ambassador Program without notice to you. PEX also reserves the right to disqualify any referrals or prospective referrals at any time from participation in the Ambassador Program.
PEX reserves the right to accept, suspend, or terminate any referrals or Qualified Referrals in its sole discretion pursuant to the terms of the Services Agreement which can be found here. PEX shall be the sole determiner with respect to determinations and decisions under the Ambassador Program including without limitation, all determinations relating to referral awards due to Ambassadors and all decisions relating to potential referrals and Qualified Referrals. Ambassador agrees that PEX’s determinations and decisions under this Ambassador shall be conclusive and binding on such Ambassador.
6. Limitation of Liability
Release. By participating in the Program, Ambassador releases PEX, its affiliates, agents, licenses, suppliers, advertising, and promotions agencies and their respective shareholders, joint-ventures, officers, directors, employees, successors, assigns, and service providers from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the right to any referral rewards.
Indemnification. Ambassadors agree to indemnify, defend, and hold PEX and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Ambassador of any of these Terms and Conditions or any violation by the Ambassador of applicable law.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PEX, AND ITS AFFILIATES, AGENTS, LICENSEES, SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE SHAREHOLDERS, JOINT-VENTURERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS AND SERVICE PROVIDERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM. WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE PROGRAM IN ANY FORUM.
AMBASSADORS EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND PEX EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Questions? Contact PEX at 1 (877) 215-2966
Effective as of September 1 2016
Schedule I to Terms and Conditions
The Ambassador shall receive the following referral award for referring Qualified Referrals as described in the Terms and Conditions:
• $400 per each Qualified Referral if such Qualified Referral spends at least $3,000 within the first two months after the Qualified Referral’s account is approved by PEX
• An additional $500 if such Qualified Referral’s PEX account reaches a cumulative spending amount of $100,000 with PEX within the twenty-four (24) month period after the Qualified Referral’s account is approved by PEX, and thereafter, an additional $500 each time in future months that this spending milestone is crossed by the Qualified Referral within the twenty-four (24) month period after the Qualified Referral’s account is approved by PEX.
Each referral award shall be paid in the month after which all the conditions to receive such award have been met, which determination shall be made by PEX, based on its books and records, and shall be binding and conclusive on the Ambassador.