Terms and Conditions

BY COMPLETING THE MERCHANT AFFILIATE APPLICATION PROCESS, MERCHANT AGREES TO BE BOUND BY THIS AGREEMENT.

PUSHX Standard Merchant Affiliate Terms and Conditions

This PushX Merchant Affiliate Terms and Conditions (“Agreement”) is entered into by and between PushX, Inc. or one of its affiliated companies (“PushX”), and the entity applying to become a Merchant Affiliate of PushX (“Merchant”). The term “Territory” in this Agreement is the United States.

1. Overview

PushX operates a platform through its mobile application and dashboard (together, the “PushX System”) that enables users (“Members”) to redeem exclusive offers, discounts, and access to curated events at participating venues (“Venues”). Merchants may use the PushX System to promote their venue and offer perks to PushX Black Card Members.

2. Onboarding and Dashboard Access

Merchants must complete an application through the PushX onboarding process. Once approved, PushX will provide the Merchant with access to a dashboard to manage and update offers (“Dashboard”).

3. Services

“Services” refer to any promotions, perks, or tickets offered by Merchant through the PushX System, including but not limited to discounts, waived covers, mobile menu orders, or express entry access.

4. Merchant Obligations

Merchant agrees to:

  • Honor all valid Black Card member redemptions and tickets at participating locations.

  • Keep offer details accurate and up to date within the PushX Dashboard.

  • Use the PushX System exclusively to manage and promote Black Card perks.

  • Pay any applicable third-party payment processing fees.

5. PushX Responsibilities

PushX will:

  • List the Merchant’s offers in the mobile app.

  • Enable Members to redeem the offer via mobile ticket or barcode.

  • Facilitate payments (where applicable) via Stripe or another approved processor.

  • Maintain the backend platform and support systems for offer redemption.

6. Fees

If the Merchant chooses to activate payments for Black Card perks (e.g., discounted tickets, cover charges, or mobile menu orders), PushX will apply one of the following fee structures:

Menu Item Fee (for mobile menu orders):

  • 5% of the item price set by the Merchant

  • $0.30 flat fee per item

Example: A $10 item will incur a total user fee of $0.80 ($0.50 + $0.30)

Service Fee (for ticketed or paid perks):

  • 10% of the ticket price set by the Merchant

  • $0.99 flat fee per ticket

Example: A $10 ticket will incur a total user fee of $1.99 ($1.00 + $0.99)

If no payments are enabled, no fees will be incurred.

The Merchant is responsible for covering standard payment processor fees on any transactions. PushX will deposit the Merchant’s share of net revenue to the payout account provided. Chargebacks or cancellations will be deducted from future payouts, unless caused by PushX’s error.

7. Use of Trademarks

PushX grants Merchant a limited, non-exclusive license to use PushX branding (“PushX Marks”) solely to promote Black Card offers. All use of PushX branding must comply with PushX guidelines and may be revoked at any time.

8. Representations & Warranties

Merchant represents that they are authorized to enter this Agreement, and all information provided during the onboarding process is true and accurate.

9. Compliance & Restrictions

Merchant agrees not to post or promote any prohibited content (e.g., explicit, violent, defamatory material) and will comply with applicable laws and PushX’s privacy policy. Merchant agrees to notify PushX of any changes to venue information or offers.

10. Termination

This Agreement begins upon approval and remains in effect until terminated by either party. PushX may terminate or suspend a Merchant’s participation at any time with written notice. Upon termination, Merchant must remove all references to PushX and discontinue any use of the Dashboard and PushX branding.

11. Data Use

All user data remains the sole property of PushX. Merchant agrees not to collect or share any PushX member data unless explicitly authorized.

12. Confidentiality

All non-public information shared during the partnership is confidential. Neither party may disclose such information without written consent unless legally required.

13. Legal

This Agreement is governed by the laws of the State of Florida. Any disputes will be resolved in courts located in Miami-Dade County, Florida.

14. Liability & Indemnity

PushX is not liable for any damages, including those related to alcohol sales or venue incidents. Merchant agrees to indemnify PushX from any legal claims arising from its operations or user interactions.

15. Final Terms

This Agreement constitutes the full understanding between the parties. No assignment or modification is valid unless agreed to in writing.