PrimePay Referral Program Terms and Conditions
PLEASE READ THE FOLLOWING REFERRAL PROGRAM TERMS AND CONDITIONS ("PROGRAM TERMS") CAREFULLY BEFORE PARTICIPATING IN PRIMEPAY, LLC.’S ("CLIENT") REFERRAL PROGRAM (THE "PROGRAM"). PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL PROGRAM TERMS.
Existing customers and advisor partners (which includes CPAs, financial advisors and banks but excludes benefits brokers and Broker Concierge partners) of PrimePay who are validly enrolled in and using PrimePay MyAccount are eligible to participate in the Program. PrimePay will compensate you through Tango Card based on the number of qualified referrals that you provide to PrimePay and who become active PrimePay customers, as further specified below.
Please note: PrimePay employees are ineligible for the PrimePay Referral Program.
Participant Acceptance; Termination
PrimePay will make all determinations regarding participation in the Program. PrimePay reserves the right to terminate your participation in the Program or cancel the entire Program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted to be given by PrimePay hereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered for your PrimePay MyAccount and acknowledge that you have the necessary equipment (hardware and software) to receive and read such emails.
Referred PrimePay Clients; Payment
Qualified referrals must (i) be new customers to PrimePay: for purposes of the Program, "new customer" does not include either (1) a person who is a current or pending customer of PrimePay or (2) a person who was a customer of PrimePay within the 60 days immediately prior to the date a PrimePay referral email invitation was generated by the PrimePay Referral Program to that person; (ii) satisfy all PrimePay enrollment requirements; (iii) submit information to PrimePay online by linking to the PrimePay website through the email or personal link generated by the PrimePay Referral Program from your PrimePay MyAccount (enrollments from emails or links not generated by the Program are not eligible for rewards); (iv) remain enrolled for at least 90 consecutive days; and (v) have "cookies" enabled on the computer from which the enrollment is executed.
Eligible participants (including clients, partners, advisors as defined above, but excludes benefits brokers, Broker Concierge partners and PrimePay employees) will be issued a Tango Card* for each qualified referral that becomes a PrimePay Client—45 days after the referral status becomes active. Each newly referred PrimePay client will receive 30 days of free payroll processing fees. The amount of such Tango Card and other rewards will be determined based upon PrimePay’s current offer at the time of the applicable qualified referral's enrollment with PrimePay. The Tango Card amount PrimePay is offering may be changed by PrimePay at any time prior to enrollment of a qualified referral without notice to you or your referrals. The PrimePay Referral Program page in PrimePay MyAccount will contain up-to-date information regarding PrimePay’s then current offered Tango Card amount. Such Tango Card will be applied as soon as practicable following PrimePay’s determination that a qualified referral has met all requirements. By participating in the Program, you agree that PrimePay shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. From time to time, PrimePay may offer limited-time promotions which provide for increased incentive payments. They are subject to change without notice to you by updating the information on the PrimePay Referral page in PrimePay MyAccount.
*Promotional reward amount is on a scale. For the first confirmed eligible referral that becomes a PrimePay client outside of the 45 day waiting period, a participant will earn a $100 Tango Card. For the second, they earn a $200 Tango Card, and for a third, they earn a $300 Tango Card. On every fourth referral, the reward scale will reset back to a $100 e-gift card. So, for example, a fourth referral is worth $100, fifth is $200, sixth is $300, seventh is $100, and so on. On Jan. 1, 2019 all reward amounts will reset back to $100.
PrimePay will provide you with access to the Program, which you may use to track your referrals and payment determinations with respect thereto; provided, that your use of the Program is strictly subject to the Program Terms. PrimePay will update the Program with your account information periodically, including setting forth the email addresses to which you have sent an enrollment request email and whether a particular referral is a qualified referral (indicating that a visa prepaid card will be issued). PrimePay is not obligated to, and will not, release to you the reasons why a particular referral has not been deemed a qualified referral
CAN-SPAM Act Compliance
PrimePay complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving PrimePay marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving PrimePay marketing emails, you will be advised that the email address is not eligible to be sent a PrimePay Referral email.
FTC 16 CFR Part 255 Compliance
In connection with your participation in the Program, you may receive confidential and proprietary information of PrimePay, including sensitive customer data ("Information"). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program.
Independent Contractor Relationship
Your participation in the Program does not authorize you to act on PrimePay’s behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and PrimePay, its parent or their respective affiliates. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that PrimePay is not directing how you perform your obligations hereunder.
Other than with respect to materials provided to in connection with your participation in the Program, your status as a participant in the Program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by PrimePay, its parent or their respective affiliates.
By participating in the Program, you agree to and will indemnify and hold PrimePay, its parent and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Program Terms.
Warranty Disclaimers; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER CLIENT, ITS PARENT NOR ANY OF THEIR RESPECTIVE AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CLIENT, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Program Terms may be altered, changed, modified or assigned by PrimePay at any time by providing notice to you. Your participation in the Program at any time after PrimePay provides you such notice of changes will constitute your agreement to such changes.
Other Terms and Conditions
These Program Terms are in addition to and do not in any way limit or alter PrimePay MyAccount terms other terms and conditions or agreements pursuant to which PrimePay allows you to participate in the Program and/or use PrimePay MyAccount.
Acceptance and Jurisdiction
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of Pennsylvania without regard to the conflict or choice of law rules thereof. The federal and state courts located in West Chester, Chester County, Pennsylvania shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the Program you consent to same.
You may not assign the right to participate in the Program to any other party. PrimePay may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. PrimePay shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of PrimePay. No delay or omission by PrimePay in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
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