Terms and Conditions

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

Product Pricing

• The Venue shall have the ultimate authority in setting prices for products listed for sale on the PushX app.

PushX Dashboard

• PushX shall provide the Venue with access to the PushX dashboard, including:
  • Real-time access and transparency to all orders facilitated or completed through the PushX Dashboard.
  • Creation of marketing materials tailored to the Venue's needs.

Venue Commitments

The Venue agrees to:

• Allow customers who purchase a "PushX Ticket" through the PushX platform to skip to the front of the line at the Venue.
• Permit PushX to utilize the Venue's name, images, and logos for marketing purposes.
• Honor PushX transactions for agreed-upon product(s) or service(s), provided customers comply with state alcohol laws and Venue policies.
• Solely handle compliance with state and local laws regarding alcohol retail sales and consumption, including age verification and Venue admittance.

• Refrain from utilizing another third-party line skipping service during the Term.

Payment

• Payments will be processed through Stripe connected accounts. The Venue will receive 100% of the price they charge to customers, minus any credit card processing fees.

• PushX reserves the right to charge customers a fee equivalent to 10% of the total transaction amount, along with an additional $0.99 per item.

Term

• The term of this Agreement shall commence on the date PushX accepts the Merchant's application. PushX reserves the right to terminate or modify this Agreement at any time with written notice to the Merchant. Merchants may terminate this Agreement at any time with prior written notice to PushX.

Disclaimer of Warranties, Limitation of Liabilities

• The Venue acknowledges that PushX has not made and does not make any warranty, representation, or covenant regarding its services. PushX shall not be liable for any product sale orders facilitated through the PushX dashboard. IN NO EVENT SHALL PUSHX BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, SAVINGS, DATA, OR USE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT, MERCHANT'S PROVISION OF SERVICES, OR THE SALE OF ALCOHOL, OR INJURIES SUFFERED BY ANY PERSON AT MERCHANT'S VENUES.

Indemnification

• The Venue agrees to defend, indemnify, and hold harmless PushX, its agents, and employees against all claims, losses, liabilities, and damages, and to pay all claims, judgments, awards, costs, and expenses (including attorney and expert witness fees) incurred by any such party arising out of or relating to this Agreement.

Assignment

• Neither party may assign this Agreement without the other party's prior written consent; however, PushX may assign this Agreement without the Venue's prior written consent in connection with any change of control of PushX.

Governing Law

• This Agreement shall be governed by the laws of the State of Florida. Any disputes relating to this Agreement shall be brought in the state or federal court of competent jurisdiction located in Florida.