Refer a Friend Program Terms & Conditions

Last Updated: July 5, 2018

Push Technologies Inc. (“we, “Push” or “Company”) may, from time to time, offer Users (as defined below) the opportunity to refer friends (each a “Referred Friend”) to try the Push products/services (the “Program”). We reserve the right to terminate the Program at any time for any reason. By participating in the Program, Users are bound by these Refer-A-Friend Program Terms and Conditions (the “Program Terms”) and agree to use the Program in the manner specified herein. If you do not agree to these Program Terms in their entirety you are not authorized to participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulation.

Push reserves the right to modify or amend, at any time, these Program Terms and the methods through which Rewards are earned. We reserve the right to modify, limit or restrict participation in the Program to any person at any time for any reason and without notice. Participant eligibility shall be determined by Push in its sole discretion. A User’s time of entry into the Program will be determined by Push in its sole discretion. We reserve the right to disqualify any User at any time from participation in the Program if such User does not comply with any of these Program Terms.

    1. Privacy

Individuals may participate in the Program to recommend the Push products/services to Referred Friends (“Users”). To do this, Users must submit personal information about themselves and their Referred Friends, including, but not limited to, name, email address and telephone number, so that Push may contact Referred Friends. The personal information will be collected, processed and used in accordance with Push’s Privacy Policy, which may be found at: https://pushoperations.com/privacy/ (the “Privacy Policy”). In addition, personal information may be used by Push to contact Users with regards to their participation in the Program and to receive communications from Push. Where a User provides personal information about Referred Friends to receive communications via the Program, the provided personal information will be used by Push for sending these communications and User understands that Push may send out additional follow-up communications to encourage or remind Referred Friends to complete the purchase process.

    1. The Program

Program Participation

To participate in the program, a User may visit (i)http://pushoperations.com/refer-a-friend/; and follow the on-screen instructions to refer Referred Friends to Push for use of the Push products/services (Users who refer Referred Friends are called “Referrers”). An Eligible Referrer who is fully compliant with these Program Terms may receive Rewards for every Qualified Referral.

Eligible Referrer

To be eligible, a Referrer must (1) be a legal resident of the United States of America or Canada; and (2) be at least eighteen (18) years old (an “Eligible Referrer”). Employees of the Company, existing referral partners or technology partners and any of their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are prohibited from participating in the Program and shall not be considered Eligible Referrers under these Program Terms.

Qualified Referrals

A Qualified Referral means a referral that meets all of the following conditions: (1) the Referred Friend is a bar or restaurant; (2) the Referred Friend is not an existing customer of Push, part of a restaurant group sharing common ownership with a participating Push customer or a new location of an existing Push customer; (3) the Referred Friend is not currently engaged in the sales process by Push’s direct sales efforts, an Push partner, another Referrer or otherwise; and (4) the Referred Friend views Push’s software demonstration for at period of 60 minutes. A Referrer’s referral of itself or a related entity as a Referred Friend shall not be considered a Qualified Referral. Classification of a referral as a Qualified Referral shall be at Push’s sole discretion. Credit shall only be awarded for Qualified Referrals.

Rewards

Upon receiving credit for a Qualified Referral, and upon Referred Friend viewing Push’s software demonstration for a period of 60 minutes, Referrer shall receive a Reward valued at two hundred dollars ($200.00) on a per-Referred Friend basis (the “Reward”). Rewards are subject to verification, and Push may delay a Reward for the purposes of investigation or for any other reason it deems appropriate. Push may also refuse to verify and process any transaction it deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Program Terms or Push’s Privacy Policy, or believes will impose potential liability on Push, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Push’s decisions are final and binding, including decisions as to whether a Qualified Referral, credit or Reward is verified. Referrer shall be solely responsible for any tax reporting and/or payment obligations in respect to any Reward received under the Program.

    1. Content Ownership and Use.

The online platform and the Program may contain contents that include designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, the “Content”). User agrees and acknowledges that Push and/or its licensors owns all right, title and interest in the Content, and that other than as specified in this Agreement, User will have no right to use the Content or other intellectual property of Push, whether or not provided by Push, without first obtaining Push’s written consent.

License to User

Push authorizes User, subject to these Program Terms, to access and use the online platform, Program and the Content solely for User’s personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark and applicable communications regulations and statutes and is strictly prohibited.

Trademarks

The registered or unregistered names, logos, insignias, product and service names and other intellectual property rights are or may be trademarks of Push and/or its licensors (the “Marks”). WIthout Push’s prior written permission, and except as solely enabled by any link as provided by Push, User agrees not to display or use the Marks in any manner.

    1. Warranties; Limitation of Liability; Indemnification

User Warranties

User warrants that it will not make any promise, representation, guarantee or warranty to any Referred Friend or to any other party, on behalf of Push or otherwise attributed to Push, regarding the Push products/services or any other products or services provided by Push or its parent, subsidiary or affiliate companies, whether or not such products or services are provided under the terms of this agreement.

Disclaimer of Warranties

USER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) USER’S USE OF THE PROGRAM IS AT USER’S SOLE RISK, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PUSH EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (COLLECTIVELY, “PROMISES”), EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PUSH PRODUCTS/SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONDITION, REPRESENTATION OR WARRANTY OF DURABILITY, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON; (B) PUSH MAKES AND GIVES NO WARRANTY THAT (I) THE PROGRAM WILL MEET USER REQUIREMENTS; (II) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY USER THROUGH THE PROGRAM WILL MEET USER’S EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

Limitation of Liability and Indemnification

USER EXPRESSLY UNDERSTAND AND AGREES THAT PUSH SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PUSH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE PROGRAM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, FROM OR AS A RESULT OF THE PROGRAM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (V) ANY OTHER MATTER RELATING TO THE PROGRAM. TO THE FULLEST EXTENT POSSIBLE BY LAW, PUSH’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

BY PARTICIPATING IN THE PROGRAM, USERS AGREE TO (1) BE BOUND BY THESE PROGRAM TERMS, THE DECISIONS OF PUSH AND ITS DESIGNEES, AND PUSH’S PRIVACY POLICY; AND (2) DEFEND, INDEMNIFY AND HOLD PUSH, ITS AFFILIATED AND RELATED ENTITIES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIMS, LAWSUITS, INVESTIGATIONS, PENALTIES, DAMAGES, LOSSES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATING TO THEIR PARTICIPATION IN THE PROGRAM (INCLUDING, WITHOUT LIMITATION, ANY PROPERTY LOSS, DAMAGE OR PERSONAL INJURY CAUSED TO ANY PERSON(S) AND/OR THE AWARDING, RECEIPT AND/OR USE OR MISUSE OF THE PROGRAM OR REWARD).

    1. Prohibited Conduct.

Generally

Users agree not to use the Program to:

      • Violate applicable law;
      • Infringe the intellectual property rights of Push or any third parties;
      • Stalk, harass or harm another individual or entity;
      • Collect or store personal data about other Users;
      • Impersonate any person or otherwise misrepresent User’s identity;
      • Interfere with, disrupt or violate the Program Terms or servers or networks connected to the Program, or disobey any requirements, procedures, policies or regulations of such networks;
      • Interfere with another User’s use of the Program;
      • Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
      • Transmit any file that contains viruses, worms, Trojan horses or any other contaminating or destructive features; or
      • Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others.

Bulk Distribution (“Spam”)

If a Referrer contacts a Referred Friend by email in relation to the Program, the email must be created and distributed in a personal manner that is appropriate and customary for communications with Referred Friend. By submitting the email addresses, the Referrer represents that he/she has the Referred Friend’s consent. Bulk email distribution, distribution to strangers, or any other promotion of the Push products/services in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Push’s sole discretion is expressly prohibited and may be grounds for immediate termination of Referrer’s ability to participate in the Program. Push has a no tolerance Spam policy. Push has no obligation to monitor the content provided by Users; however, in the event that Push discovers that Referrer’s actions violate these Program Terms, Push may prohibit any use of the Program by Referrer. In such instances, Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify Push against any liabilities, costs and expenses it incurs as a result of such Spam.

Fraudulent and Suspicious Behavior

Push may prohibit User from participating in the Program or receiving credit or a Reward, in its sole discretion, if it determines User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other Users, Referred Friends or representatives of Push. Use of any automated system, script or macro to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward. Push reserves the right to disqualify any User and/or cancel any Reward(s) if it finds User to be tampering with the entry process or operation of the Program or violating these Program Terms.

    1. Governing Law and Venue.

These Program Terms and the parties’ relationship will be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to principles of choice of law. Venue for any disputes, controversies or claims arising out of or relating to the Program or these Program Terms or the breach hereof will be the federal and provincial courts located within British Columbia, Canada and the parties hereby submit to the exclusive jurisdiction of such courts

    1. General Terms.

These Program Terms constitute the entire agreement between User and Push concerning Users’ use of the Program. Push and User are independent contractors with respect to each other and neither party will have the authority to act or represent the other party or its affiliates, officers, directors or employees in any way, and will not be an agent of the other party. These Program Terms will not create or constitute any agency, partnership, joint venture or association, or confer on either party any express, implied or apparent authority to make any representation or incur any obligation on behalf of the other. The failure of Push to exercise or enforce any right or provision of these Program Terms shall not constitute a waiver of such right or provision. If any provision of these Program Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Program Terms remain in full force and effect. The section titles in these Program Terms and for convenience only and have no legal or contractual effect. A person who is not a party to these Program Terms shall have no right to enforce or receive the benefit of any of these Program Terms.

 

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