READ THIS (THE “AGREEMENT”) CAREFULLY. IT IS A LEGAL AGREEMENT BETWEEN FORTIS PAYMENT SYSTEMS, LLC (“FORTIS”) A FLORIDA LIMITED LIABILITY COMPANY AND YOU. YOU MUST CLICK ON THE “I AGREE” ICON AT THE END OF THIS SCREEN, INDICATING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PROMPTLY LOG-OFF OF THIS PROGRAM. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR AGREEMENT THAT YOU HAD CONCERNING THIS PROMOTION. ANY OTHER AGREEMENTS YOU MAY HAVE WITH US REMAIN IN FULL FORCE AND EFFECT, INCLUDING BUT NOT LIMITED TO YOUR MERCHANT AGREEMENT, AS APPLICABLE. IT IS RECOMMENDED THAT YOU PRINT OUT AND KEEP A COPY OF THIS AGREEMENT FOR YOUR FUTURE REFERENCE.
For purposes of this Agreement, the words “We”, “Us”, and “Our” mean and refer to Fortis. The words “You” and “Your” refer to the merchant who has agreed to the terms of this Agreement (also referred to herein as “Merchant”).
1.2 Fortis Payment Systems operates a payment processing service referred to as FortisPay (the “Platform”), the use of which may be governed by additional terms, conditions, policies, or Rules not explicated in this document.
1.3 Your use of the Platform and of any services available through that Platform are subject to Rules available elsewhere.
2. Promotions and Promotion Periods
2.1 We are running a Promotion in which current FortisPay merchants can earn a $200 Visa Gift Card for referring another merchant (the “Referral”) to use the Platform. The $200 Visa Gift Card will be issued to You for each Referral that has begun processing with Us, provided certain conditions are met by You and the eligibility of your Referral.
2.2 For the purposes of all Promotions, the promoter is the entity You have contracted with under the Rules and Terms.
2.3 The period of time during which the Promotion will run (“Promotion Period”) begins upon your receipt of the promotional advertising (the “Promotional Communication”), and will end when it is discontinued by Us, at which point no further participation in that Promotion will be possible. You may not be informed in advance that the Promotion Period has ended or is about to end.
3. Promotion Communications
3.1 Unless otherwise indicated in the Promotion Communication, participation in each Promotion is open to any recipient to whom We send the Promotion Communication. We reserve the right to restrict participation in the Promotion to certain recipients who fulfill specific selection criteria. We reserve the right, in Our sole discretion, to limit the number of participants.
3.2 Unless otherwise indicated in the Promotion Communication, it is intended for the addressed recipient or category of recipient only and cannot be transferred. If You are not the intended recipient or within the intended category of recipient then the offer is null and void.
4. Eligibility to participate in Promotions
4.1 To be eligible to participate in any Promotion, You must:
(a) if a natural person, be eighteen (18) years of age or older, or the legal age of majority, if different;
(b) be legally entitled to use Our services in accordance with the Rules and Terms, and to contract with Us;
(c) satisfy any other eligibility criteria set out in the relevant sections of these Terms; and
(d) not be an Unauthorized Entity (as defined in section 5, below).
5. Participation in Promotions
5.1 Participation in any Promotion is voluntary.
5.2 To participate in a Promotion, You should follow the instructions set out in the relevant Promotion Communication, on the individual web page for the Promotion and, these Terms. There will be a link on the Promotion Communication web page where Referral contact details can be entered. This information will only be used to communicate with Referral regarding FortisPay services. Where the Promotion Communication or web page indicates that no purchase is necessary to participate in the Promotion, You may participate by sending an email to the address there specified, or performing any action consistent with instructions in the Promotion Communication or web page.
5.3 Unless otherwise indicated in the applicable Specific Promotional Terms, participation into this Promotion may be used only once.
6. Excluded and disqualified merchants
6.1 Officers, directors, employees, consultants or agents of Fortis Pay Payment Solutions, or any of its subsidiaries, parent or associated companies, or any of its or their respective suppliers or vendors (including advertising, printing and publicity agencies) or any officers, directors, employees, consultants or agents of any entity connected with any Promotion, or relatives of any of the foregoing persons, “relative” shall include, but not be limited to, a spouse, partner, child or sibling and any person residing in the same household as any of the foregoing persons.
6.2 Residents of any country, state, county, municipality, or other political entity where it is illegal to participate in promotions of the manner described in these Terms (collectively, Unauthorized Persons). Unauthorized Persons are not permitted to participate in any Promotion.
6.3 We reserve the right, at Our sole discretion, to disqualify any merchant who we believe is in violation of these Terms or Rules, is an Unauthorized Person, or may violate these Terms or Rules.
7. Specific merchant terms
7.1 This Promotion is for current FortisPay merchants only.
7.2 Referrals must be submitted via the Referral form indicated at the link in the Promotion Communication. Only individuals and entities that are eligible to become FortisPay merchants should be considered for referral.
7.3 The $200 Visa Gift Card for each eligible Referral will be issued after the Referral has been processing for an evaluation period of three (3) months, subject to the following limitations:
7.3.1 Referrals that receive special pricing as part of their processing agreement are excluded from eligibility under this Promotion; and
7.3.2 Referrals that process less than $5,000 a month for the three month evaluation period are excluded from eligibility under this Promotion
8. Our liability
8.1 We accept no liability in relation to Your participation (or inability to participate) in any Promotion, to the maximum extent permitted by law.
8.2 If any Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond Our control, We shall incur no liability as a result of our failure to execute the Promotion.
9. Alteration and termination of Promotions; modification of the Rules
9.1 We reserve the right to alter, discontinue or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any Promotion Communication or on the Platform, or where there has been any error in the preparation for or conduct of any Promotion.
9.2 The Rules and Terms may be modified by Us at any time by posting the modified terms on the relevant page(s) of the Platform. We recommend You revisit these Standard Promotional Terms regularly. By Your continued participation in the Promotion, You accept any such modified terms.
10.1 You may not assign or transfer any or all of Your rights or obligations under the Rules.
10.2 No third party shall have a right to enforce the Rules or Terms against Us.
10.3 Failure by Us to enforce a right under the Rules or Terms does not result in waiver of such right.
10.4 If any part of the Rules or Terms is found to be unenforceable as a matter of law, all other parts of the Rules shall be unaffected and shall remain in force.
10.5 Our determination and decision on all matters will be final and no correspondence will be entered into. Any dispute or situation not covered by the Rules will be resolved by Our management in a manner it deems to be the fairest to all concerned and, subject to the following section, that decision shall be final and binding on all parties.
10.6 You and We agree that the laws of the state of Michigan apply to the Rules and that any dispute between You and Us arising out of or in connection with the Rules or any Promotion.
10.7 If these Standard Promotional Terms or any applicable Specific Promotional Terms are translated into a language other than English, then the English version shall prevail where there is any inconsistency.