Customer Referral Program

Finix Referral Program Terms and Conditions

Effective for Qualified Referrals submitted on or after November 1, 2023

Finix Payments, Inc. (“Finix”) offers a referral program for individuals who refer a qualifying customer to Finix (the “Program”). By submitting a referral or otherwise participating in the Program, you signify that you have read, understand, acknowledge, and agree to be bound by these Terms. Finix reserves the right to modify these Terms or terminate the Program at any time, in its sole discretion, without notice.

Referral Criteria

Subject to these Terms, for each Qualified Referral that you submit to Finix, you will be eligible to receive a referral bonus of $500 (the “Referral Bonus”). 

A “Qualified Referral” is a referral that:

1. has been submitted to Finix through the online referral submission form or by email to an existing Finix point of contact;

2. is not an existing prospect being pursued by Finix;

3. enters into a formal agreement with Finix for payment processing services within six (6) months of the referral submission date.

Finix will be under no obligation to contract with a referral and may decline to pursue a business relationship with a referral for any reason, in its sole discretion. Finix reserves the right, in its sole discretion, to determine whether the referral is an existing Finix prospect. Exceptions may be made, in Finix’s sole discretion, if the referral has not been contacted by Finix for at least three (3) months.

Program Eligibility

Eligibility is limited to individuals over the age of 18 only. This Program is void where referral programs of this nature are prohibited. 

The following individuals are not eligible to participate in the Program:

• Finix employees and their immediate family and household members;

• Employees of Finix partners (and their affiliates) that have previously executed a Finix Flex Referral Agreement, including immediate family and household members;

• Business owners, operators, or decision-makers responsible for making the purchasing decisions referring their own business; and

• Individuals that engage in unlawful or dishonest behavior.

Referral Bonus Payouts

Finix will determine, in its sole discretion, whether a referral is a Qualified Referral eligible for a Referral Bonus. Finix reserves the right, in its sole discretion, to disqualify any referral or prohibit any referrer from participating in the Program if Finix deems or suspects that such referrer has engaged in or has attempted to engage in any of the following: 

• Acting in violation of these Terms and/or applicable law; 

• Activity deemed in the sole discretion of Finix to be generally inconsistent with the intended operation of the Program. 

Subject to the terms herein, there is no limit to the number of referrals an individual can submit, or Referral Bonus payouts an individual may receive, while the Program is in effect. Each Referral Bonus will be paid via prepaid debit card within ninety (90) days following such referral becoming a Qualified Referral. You will receive an email from or on behalf of Finix with instructions regarding how to claim the applicable Referral Bonus. If you do not claim your Referral Bonus within six (6) months, then you forfeit your right to such Referral Bonus. In some cases, Finix may require that you provide a W-9 to Finix in order to receive the Referral Bonus.

Privacy

You shall be solely responsible for the quality and accuracy of all data that you provide to Finix in connection with the Program.  Please note that Finix’s use of any data you provide, including personal information, will be in accordance with Finix’s Privacy Policy.

Indemnification

You hereby agree to indemnify, defend, and hold Finix and its directors, owners, employees, agents, representatives, and assigns harmless from and against any and all losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred in connection with any claim arising out of any breach by you of these Terms or claims arising from your participation in the Program.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FINIX BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, AND LOST DATA THAT RESULT FROM YOUR PARTICIPATION IN THE PROGRAM, EVEN IF FINIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FINIX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT OF $25.

General Provisions

These Terms shall be construed in accordance with the laws of the State of California, without regard to conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts in San Francisco, California. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between the parties pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties.