BLACKSTONE MERCHANT SERVICES REFERRAL PROGRAM TERMS OF USE

A. Terms of Use

BLACKSTONE MERCHANT SERVICES, Inc. (“we”, “BLACKSTONE”) may, from time to time, offer users of our service (“Service”) the opportunity to refer friends to try the Service (“BLACKSTONE Referral Program” or “Program”). We reserve the right to terminate the Program at any time for any reason.

Users (defined below) are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Users agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as a Referrer (defined below) or participate in the Program in any manner. Users may not participate in the Program when doing so would be prohibited by any applicable laws or regulations.

We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.

CHILDREN

No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.

1. How the Program Works.

PROGRAM PARTICIPATION, GENERALLY

To participate, you can go to https://www.blackstonemerchant.com/referral-program/and follow the on-screen instructions to refer friends, family members or colleagues to the Service by entering their names, email addresses and phones in the form.

Users who refer are called “Referrers.” Individuals who receive a referral are called “Referred Customers.” An “eligible” Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral.”

ELIGIBLE REFERRER

To be “eligible,” a Referrer must:

  • Be a legal resident of the United States and
  • Be at least 18 years old.

Employees of Blackstone, its Service Provider or any of its or their subsidiaries, affiliates or promotional agencies, and those living in the same household, are not eligible.

MAKING A REFERRAL

Once an individual refers a friend, family member or colleague, he/she becomes a Referrer and will be provided with a unique referral link (“Personal Link”) that allows the Referrer to receive money for Qualified Referrals. Personal Links will be issued only to individuals.

Referrers must respect the spirit of the Program by only referring real companies and/or individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves.

QUALIFIED REFERRALS

A Qualified Referral means that all the following conditions are met:

  • The Referred Customer completed the signing of the Service using the Referrer’s contact, was approved for services and completed an entire calendar month of transactions with Blackstone. If a Referred Customer signed or registered with the Service using any other link or method, the registration will not count as a Qualified Referral and the Referrer will not earn money;
  • The Referred Customer was not previously registered with the Service under any name, company name, address or alias;
  • The Referred Customer is a legal resident of the United States and at least 18 years old; and
  • The Referred customers must be an eligible customer according to Blackstone Policies.

REWARD FOR QUALIFIED REFERRALS

Rewards will be awarded for Qualified Referrals.

EARNING REWARDS

The rewards shall be paid before the last day of the following month that the qualified referral meets the condition requested.

VERIFIED QUALIFIED REFERRALS

Rewards are subject to verification. Blackstone may delay a Reward for the purposes of investigation. They may also refuse to verify and process any transaction that Blackstone deems, at its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Blackstone.

All of the Blackstone’s decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is verified.

TRANSFER AND VALUE OF CREDIT AND REWARDS

The Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program, or any portion thereof, for any reason, any unredeemed Credit and Rewards accumulated by the Referrer are forfeited.

2. By participating in the Program, Users agree to:

  • Be bound by these Terms and Conditions, the decisions of Blackstone and their designees (including the Service Provider), and the Privacy Policy of the Blackstone;
  • Defend, indemnify, release and hold harmless Blackstone, its Service Provider and its, or their, respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and
  • Be contacted by the Blackstone via e-mail and/or phone.

3. Blackstone shall not be liable for:

  • Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
  • Telephone systems, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
  • Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
  • Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to Blackstone at the relevant time;
  • Any printing, typographical, administrative or technological errors on any websites or materials associated with the Program; or
  • Claims, demands, and damages in disputes among Users of the Program.

Blackstone disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with the Program, and reserves the right, at their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other causes beyond the Blackstone’s control, corrupt the administration, security or proper running of the Program.

Blackstone shall not be liable to any Users for failure to supply any Reward, or any part thereof, by reason of any act(s) of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.

Blackstone reserves the right to cancel or suspend the Program should it determine, at its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

4. Prohibited Conduct, Generally

Users agree not to use the Program to:

  • Violate applicable law;
  • Infringe the intellectual property rights of Blackstone, its Service Provider or any third parties;
  • Stalk, harass, or harm another individual;
  • Collect or store personal data about other Users;
  • Impersonate any person or otherwise misrepresent User’s identity;
  • Interfere with, disrupt or violate the Terms and Conditions 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;
  • Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  • Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others

5. Bulk Distribution (“Spam”)

If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has their prior consent.

Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” at the Blackstone’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link. We have a no-tolerance spam policy. Blackstone has no obligation to monitor the content provided by Users; however, Blackstone may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

Each 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 the Program Entities against any liabilities, costs and expenses it incurs as a result of such spam.

6. Fraudulent and Suspicious Behavior

Blackstone may prohibit a User from participating in the Program or receiving a Credit or Reward, at their sole discretion, if they determine a 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 intending to annoy, abuse, threaten or harass any other users or representatives of Blackstone.

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 emails 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.

Blackstone reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE BLACKSTONE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

7. Content Ownership and Use

The online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the User and Blackstone, all Content is the property of Blackstone or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of Blackstone and is protected by copyright, trademark, and other laws.

8. License to You

Blackstone authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your 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. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

Users expressly understand and agree that Blackstone terms and conditions are fully applicable to this program.

9. Suggestions and Submissions

Blackstone appreciates hearing from Users and welcomes your comments regarding the Program. Please be advised, however, that Blackstone does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While Blackstone values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send Blackstone creative ideas, they:

  • Shall own, exclusively, all now known or later discovered rights to the creative ideas;
  • Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  • Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

10. General Terms

These Terms constitute the entire agreement between Users and Blackstone concerning Users’ use of the Program. The failure of Blackstone to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these 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 Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.