Last Update: February 3, 2025
These Terms and Conditions (“Terms”) govern your participation in the Pushpay Referral Program as described herein (“Referral Program”). The Referral Program allows current Pushpay customers to earn rewards for referring new customers to Pushay, subject to these Terms.
When we refer to “Pushpay,” “we,” “our,” or “us” in these Terms, that means Pushpay Holdings Limited and all its wholly-owned subsidiaries and affiliates, including but not limited to Pushpay USA Inc and Resi Media LLC. For a complete list of Pushpay’s wholly-owned subsidiaries and affiliates, click here.
We may change these Terms on a going-forward basis at any time and in our sole discretion. If we make changes to these Terms, we will notify you of the changes. Our notice to you may include sending a message to the email address or text message number you provided to us. We will also update the “Last Updated” date at the top of these Terms when we make changes.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN SECTION 12.
- Enrollment; Eligibility. In order to be eligible to participate in the Referral Program, you must first enroll in the Referral Program through the Referral Program website (https://pushpay.com/integrations/referral/) (“Referral Program Website”). The enrollment process will require you to complete all required steps and agree to these Terms. You must be 18 years or older to enroll in the Referral Program and must be a current Pushpay customer in order to participate in the Referral Program. Each eligible Referral Program participant is referred to herein as an “Eligible Program Participant”. You must also be in compliance with these terms as well as any other reasonable conditions that Pushpay may require, such as provision of a complete and truthful W-9 form.
- Information Obtained. Information submitted or obtained in connection with the Referral Program will be subject to our Privacy Policy available at https://pushpay.com/legal-center/privacy/ (“Privacy Notice”) and may be used as permitted pursuant to the Privacy Notice, and may also be used as determined by Pushpay in connection with the administration of the Referral Program.
- Referral Process. In order to be eligible to receive a Reward (defined below), you must refer a Qualified Prospect through the Referral Program Website and follow the required processes. “Qualified Prospect” means a potential Pushpay customer who: (i) is not an existing Pushpay customer at the time of the referral; (ii) has not been a Pushpay customer within the prior twelve (12) months; (iii) has not engaged in discussion with Pushpay during the prior twelve (12) months regarding the purchase of Pushpay products or services; and (iv) has not been referred to Pushpay by a different representative within the prior twelve (12) months. You may not share any portion of the Reward with any Qualified Prospect. A Qualified Prospect will cease to be a Qualified Prospect if they do not purchase any products or services from us within six (6) months after the Qualified Prospect is referred under these Terms.
- Rewards. Eligible Program Participants are eligible to receive payment in the following amounts for referral of Qualified Prospects in accordance with these Terms (each, a “Reward”). For each Qualified Prospect who (i) purchases via an executed written agreement, one or more software-as-a-service subscription(s) for the use of Qualifying Pushpay Platforms (defined below), within forty-five (45) days of a demo being provided by Pushpay, and (ii) is utilizing such platform in a live, production environment three (3) calendar months after the applicable purchase date, we will provide the Eligible Program Participant with a $250 Gift Card for each Qualified Prospect purchasing one or more Qualifying Pushpay Platforms, and a $1,000 Gift Card for each Qualified Prospect purchasing Qualifying Resi Subscriptions. Qualifying Pushpay Platforms are: ChurchStaq, ParishStaq, and/or Pushpay Giving. Qualifying Resi Subscriptions are: Resi Live Stream (Starter Lite or higher plan) and/or Resi Multisite. Rewards cannot be exchanged for cash value.
- Reservation of Rights. The prices, terms, and conditions under which we offer or provide our products and services will be determined by us in our sole discretion. We will have the sole authority to control all discussions and negotiations regarding any proposed or actual offering or provision of our products or services. We reserve the right to refuse to sell our products and services to any person or organization for any reason. In addition, we may in our sole discretion cease selling products and services at any time to any customer including those referred by you for any reason.
- Provision of the Reward. Provision of any Rewards will be made following the end of the calendar quarter in which they are earned, as determined by us in our sole discretion, subject to your material compliance with these Terms. We may contact you using the contact information you have provided to us to arrange for payment of your Reward or to request additional information as may be required, such as a valid W-9. If you do not respond to any given communication from us regarding payment of your Reward within thirty (30) days or have not provided your contact information to us, you are deemed to have forfeited such Reward, and we will no longer owe any amounts earned by you during that applicable quarter. The method of payment of Rewards will be determined by us in our sole discretion.
- Suspension or Termination. We may suspend or terminate your participation in the Referral Program at any time, at our discretion, with or without prior written notice to you.
- Representations and Warranties; Disclaimer.
- By participating in the Referral Program and agreeing to these Terms, you represent and warrant that: (a) you have the full right, power and authority to enter into Terms and to perform your obligations hereunder; (b) your participation in the Referral Program and your performance under these Terms does not and will not conflict with or result in a breach of any other agreement to which you are a party or give rise to a conflict of interest between you or any other person or entity; and (c) these Terms constitute a valid and binding agreement by you and are enforceable against you (except as may be limited by public policy or creditors’ rights generally).
- WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO OUR PRODUCTS OR SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- Compliance with Laws. You will comply with all applicable federal, state and local laws, rules, regulations and ordinances in connection with these Terms and your participation in the Referral Program. In the event you post or share information relating to the Referral Program via social media, you must disclose your material connection to us and follow the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.
- Indemnification. You will indemnify, defend, and hold harmless us, our affiliates, and our and their directors, officers, and employees from and against all losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, incurred in connection with any third party claims or proceedings arising directly or indirectly from your breach of these Terms. Pushpay shall give you written notice of any such claim and Pushpay has the right to participate in, or control, at Pushpay’s election the defense of any such claim at your expense. In no event shall you settle any claim without Pushpay’s prior written consent (which consent shall not be unreasonably withheld). From the date of written notice from Pushpay to you of any such claim, Pushpay shall have the right to withhold from any payments due to you under this Agreement the amount of any defense costs, plus additional reasonable amounts as security for your obligations under this Section.
- Limitation of Liability. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER UNDER TORT, CONTRACT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE REFERRAL PROGRAM EXCEED THE AGGREGATE OF THE AMOUNTS PAID OR PAYABLE BY US TO YOU UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO ANY SUCH CLAIM OF LIABILITY.
- Dispute Resolution; Agreement to Arbitrate
- This Agreement to Arbitrate affects your legal rights. Please read carefully. Unless you opt out – the procedure is explained below — this Agreement to Arbitrate will eliminate your right to go to court (except for a small claims court having jurisdiction), the right to bring class or collective actions, and the right to have a jury decide a dispute. Many concerns can be resolved quickly to your satisfaction by contacting our Customer Success team or your designated account or customer success representative.
- Our Agreement. You and Pushpay each agree that any and all disputes or claims that arise out of or in any way relate to these Terms and the Referral Program or the corresponding relationship between you, on the one hand, and Pushpay (including any and all members of the Pushpay Group of companies), its agents, employees, officers, directors, predecessors in interest, successors and assigns, on the other hand, including federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Notwithstanding the foregoing, Pushpay may bring any claim relating to infringement of our intellectual property rights in U.S. federal court. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. You acknowledge that your breach of these terms may cause irreparable harm to Pushpay, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Pushpay may be legally entitled, Pushpay will have the right to seek immediate injunctive relief in the event of a breach of these terms by you or any of your officers, employees, consultants, or other agents.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Pushpay agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Pushpay agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Pushpay customers or partners.
- Arbitration Procedures
- Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, discovery is more limited, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms as a court would.
- The arbitration will be conducted by JAMS under its Comprehensive Rules and Procedures, including the Optional Expedited Arbitration Procedures. Provided that for claims with the Scope of Rules, the arbitration will be conducted pursuant to the JAMS Streamlined Arbitration Rules and Procedures. JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/. Prior to initiating an arbitration, a party who intends to seek arbitration must first send the other party, by certified mail, a written notice describing the dispute. You should send this notice to Pushpay at: Pushpay, Attn: Legal Department, Re: Notice of Dispute, 18300 Redmond Way, #300, Redmond, WA 98052. Pushpay will send any notice to you to the address we have on file associated with you; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought.
- If you and Pushpay are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or Pushpay may initiate arbitration proceedings. A form for initiating arbitration proceedings using expedited procedures is available on the JAMS website at www.adr.org.
- For individuals only, the arbitration shall be held in the county in which you reside, or nearest to you, as the case may be, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Pushpay subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. Any settlement offer made by you or Pushpay shall not be disclosed to the arbitrator(s).
- For organizations, the arbitration shall be held in King County, Washington. If the value of the relief sought is $10,000 or less, you or Pushpay may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Pushpay subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. Any settlement offer made by you or Pushpay shall not be disclosed to the arbitrator(s).
- The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Pushpay customers or partners, but is/are bound by rulings in prior arbitrations involving the same Pushpay customer or partner to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration shall be confidential, and neither you nor we may disclose the existence, contents or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules, unless otherwise stated in this Agreement to Arbitrate. For individuals only, (a) if the value of the aggregate relief sought is $10,000 or less, at your request, Pushpay will pay all filing, administration, and arbitrator fees associated with the arbitration, or (b) if the value of the aggregate relief sought exceeds $10,000, and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Pushpay will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. Any request for payment of fees by Pushpay should be submitted by mail to JAMS along with your Demand for Arbitration. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Pushpay for all fees associated with the arbitration paid by Pushpay on your behalf that you otherwise would be obligated to pay under the JAMS rules. You will be responsible for all fees you are obligated to pay under the JAMS rules.
- Severability. With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void, but the remainder of these Terms will continue to apply.
- Opt-Out Procedure for Individuals; Exclusive Forum for Claims by Individual Who Opts-Out. For individuals only, you can choose to reject this Agreement to Arbitrate by emailing us a written opt-out notice. The opt-out notice must be received by Pushpay via email to ArbitrationOptOut@pushpay.com no later than 30 days after the date you accept these Terms for the first time. For your convenience, we are providing an Opt-Out Notice Form you must complete and email us to opt-out of this Agreement to Arbitrate. You must complete this form by providing all the information it calls for, including your name, address, phone number, and applicable email address(es). You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt-out of the agreement to arbitrate. If you opt-out of this Agreement to Arbitrate, all other parts of the Terms will continue to apply. Opting-out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If you opt-out of arbitration, any and all disputes or claims that have arisen or may arise between you and Pushpay including federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively by the courts located in King County, Washington, and you and Pushpay agree to exclusive jurisdiction and venue of the courts located in King County, Washington, and you and Pushpay forever waive any right to assert forum non conveniens.
- Future Amendments to this Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Pushpay prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and Pushpay. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on the Referral Program Website at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your Pushpay account within the 30-day period and you will not be bound by the amended terms.
- Miscellaneous
- Limitations. Rewards may not be combined with other referral rewards or similar programs. The Referral Program is void where prohibited or restricted.
- Non-Assignment. You may not transfer or assign any rights or obligations you have under these Terms without Pushpay’s prior written consent. Pushpay may transfer or assign these Terms or any right or obligation under these Terms at any time.
- Waiver. Pushpay’s failure to insist on or enforce strict performance of these Terms shall not be construed as Pushpay’s waiver of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Pushpay and you or any other party be deemed to modify any provision of these Terms.
- Severability. If a court or other tribunal of competent jurisdiction holds any of the provisions of these terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms, so that these terms shall remain in full force and effect.
- No Third Party Beneficiaries. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
- Confidentiality. You agree (a) not to disclose or otherwise make available Confidential Information to any third party; (b) to use any Confidential Information solely for the purposes of performing your obligations under these Terms; and (c) to take at least those measures that you employ to protect your own Confidential Information of a similar nature (but in no event less than a commercially reasonable standard of care) to protect the confidentiality of Confidential Information. “Confidential Information” means any non-public information that relates to our actual or anticipated business, research, or development or our proprietary information, trade secrets, and know-how that is disclosed by us to you, directly or indirectly, in writing, orally, or by inspection or observation of tangible items in connection with these Terms or the Referral Program.
- Entire Agreement. These Terms represent the complete agreement of the parties relating to the subject matter hereof and supersede all prior discussions, communications and agreements between the parties with respect to the subject matter hereof. Notwithstanding anything to the contrary set forth herein, we reserve the right to change, cancel, suspend or modify any aspect of the Referral Program and these Terms without notice, at any time and at our sole and absolute discretion.