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 these Terms and Conditions, as amended from time to time. These Terms and Conditions were effective as of September 1, 2016, and were last updated effective as of October 1, 2024.
HOW THE PROGRAM WORKS
- 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
Any marketing or promotional materials that an Ambassador wishes to use referring to PEX, PEX cards, or PEX associated programs and services (the “PEX Service”) with prospective Qualified Referrals, or any other use of any PEX marks or logos by an Ambassador, requires the express prior written consent of PEX, which may be withheld or conditioned in the sole discretion of PEX. PEX may make pre-approved marketing materials for the Program available to Ambassadors from time to time at its sole option.
It is a material condition to the Program that Ambassadors expressly agree that they will not offer any financial or other incentive or compensation, whether in the form of cash, a gift card, or otherwise, to any referral to induce the referral to, or otherwise reward a referral for, enrolling in the PEX Service. 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.
Upon any breach of the above restrictions by an Ambassador, PEX, in its sole discretion, may do any one or more of the following immediately and without prior notice to an Ambassador: (a) terminate the Ambassador from the Program; (b) deactivate the Ambassador Code; (c) cancel any accrued but unpaid referral award otherwise payable to the Ambassador; (d) require repayment of all previously paid referral awards; and/or (e) take legal action to recover any referral award previously paid to Ambassador, together with recovery of PEX’s monetary losses, any litigation costs and fees (including without limitation reasonable attorneys’ fees and costs), and damages (which may include the administrative costs and overhead of qualifying and enrolling a Qualified Referral and/or winding down a Qualified Referral’s account with 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.
- 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 will be 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/or its PEX 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 previously have been PEX customers within the last one hundred twenty (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 referral award 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, as determined by PEX in its sole discretion.
- For clarity, the determination of whether an Ambassador is entitled to receive a referral award (e.g., if there is a referral with multiple locations, has been referred by multiple parties, etc.), will be made by PEX, and such decision will be final and binding.
- All Qualified Referrals will be entitled to receive special preferential pricing for the PEX Service.
- Ambassadors acknowledge and agree that referral award(s) constitute the sole and exclusive compensation that will be due or payable to Ambassadors for any services or other activities performed in connection with the Program.
- Referral Award and Terms
Qualified Ambassadors will be eligible to receive compensation in the form of referral awards as described for Qualifying Referrals as described above.
Each Ambassador will be solely responsible for any costs or expenses incurred by it, including without limitation any salary, withholdings, or other benefits payable to or on behalf of its employees or contractors, together with payment of any and all federal, state and local taxes that are due on any referral award(s) paid to an Ambassador by PEX.
It is a material condition to the payment of referral awards to an Ambassador that, during its participation in the Program and for twelve (12) months after the final referral is made by an Ambassador, an Ambassador agrees (a) not to solicit, request, or encourage in any way, any Qualified Referral (including any referral) to reduce or cancel their business relationship with the Company; and (b) not to make any disparaging statements to any person or entity either orally or in writing (including, without limitation, postings on social media/Internet sites) concerning PEX, PEX cards, or the PEX Service, or any officers, owners, employees, contractors, representatives, or agents of PEX.
- 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 after the date the referral qualifies; provided that the referral award is at least $50. Any referral awards which are less than $50 will 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 qualifying 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 issued to the Ambassador shortly thereafter (typically 3-10 days, depending on U.S. mail delivery time variability).
Checks will be addressed to the person or entity and sent to the address 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.
Check expiration: Checks generated have a 60-day expiration from date of issue.
- 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 prior notice to you. Your continued participation in the Ambassador Program after the date of any such amendment or modification, as indicated by a “last updated” or similar statement, constitutes your acceptance of such change, and your sole option in the event you do not agree to such change is to terminate your participation in the Ambassador Program. 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 in its sole discretion.
PEX reserves the right to accept, suspend, or terminate any referrals or Qualified Referrals in its sole discretion pursuant to the terms of the Master Services Agreement which can be found here. PEX will have the sole authority to make all determinations and decisions under the Ambassador Program in its sole discretion, including without limitation, all determinations relating to referral awards due to Ambassadors and all decisions relating to potential referrals and Qualified Referrals. Each Ambassador agrees that PEX’s determinations and decisions under the Ambassador Program will be conclusive and binding on such Ambassador.
- 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, OR ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, LICENSEES, SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, JOINT-VENTURERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE PROGRAM. AMBASSADOR WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE PROGRAM IN ANY FORUM.
AMBASSADORS EXPRESSLY UNDERSTAND AND AGREE THAT ITS USE OF THE PROGRAM IS AT ITS 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 OR PRACTICE, 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.
- General
Each Ambassador acknowledges and agrees that it is an independent contractor and will not be considered or deemed to be an employee, agent, joint venturer, partner, or similar of PEX. No Ambassador will have any authority to contract for or bind PEX in any manner, nor will it hold itself out as an agent of PEX other than to the limited extent as expressly described above to make referrals to PEX under the Program. Neither an Ambassador nor any of its employees or contractors is entitled to participate in any benefits programs or similar of PEX.
This agreement constitutes the entire agreement between the PEX and each Ambassador and supersedes all prior negotiations, understandings, and agreements, whether verbal or written, of any nature whatsoever. No failure or delay by PEX in exercising any right, power, or remedy with respect to any of its rights under this agreement will operate as a waiver of any right in the future. The laws of the State of New York, without regard to its conflicts or choice of law provisions, will govern and control the interpretation, construction, and enforcement of this agreement.
Questions? Contact PEX at 1 (877) 215-2966