Mercury Referred Customer Agreement

This Mercury Referred Customer Agreement ("Terms") governs your participation in Mercury Technologies, Inc.'s ("Mercury") referral program as a referred customer. By using a referral link to open a Mercury account or claiming a referral bonus, you agree to these Terms. Capitalized terms used in these Terms but not defined herein have the meanings given in the Mercury Terms of Use.

1. Referral Program Overview

Mercury's referral program allows existing customers, approved partners, and Mercury itself to refer new customers to Mercury's platform. These Terms are entered solely between you and Mercury. Mercury is a fintech and not a bank. Banking services are provided through Choice Financial Group and Column N.A., Members FDIC (the "Banking Providers") to provide banking services.

Some referral partners and customer referrers receive monetary compensation for successful referrals. This compensation may influence their recommendations of Mercury's Services.

2. Banking Provider Relationship and Account Opening

While Mercury facilitates the referral program and customer onboarding, Banking Providers set the approval requirements and maintain oversight authority over the banking programs. Bank Service Providers can modify approval criteria at any time, and they have ultimate discretion to approve or deny account applications based on their criteria, compliance requirements, and risk assessment. 

Account opening is subject to Banking Providers' terms of service, privacy policies, and all other applicable agreements, policies, and procedures, which are separate from these referral Terms. By participating in the referral program, you signify that you have read and agree to all applicable agreements of the Banking Providers.

3. Eligibility Requirements

3.1. To qualify for referral bonuses, you must:

• Use the designated referral link provided by your referrer to access Mercury's signup page;
• Be a new customer with no prior Mercury Account or relationship with Mercury; 
• Meet all specified thresholds for deposits, balances, or transactions as displayed on your referral landing page during the first 90 days of your Account opening (the “Eligibility Period”); and 
• Maintain an Account in good standing throughout the Eligibility Period and through the time referral bonuses are calculated and paid.

3.2. Referral bonuses do NOT apply if you:

• Sign up through Mercury's general website without using a referral link;
• Have previously registered with Mercury; or
• Engage in self-referrals, fraudulent activity, or restricted activities under Section 6

4. Referral Link Requirements

4.1. Exclusive Use:

Each referral is tied to the specific link you used to sign up. You cannot:

• Claim bonuses from multiple referral links;
• Switch to a different referral link after initial signup; or
• Claim a higher bonus by using a different link after Account creation 

4.2. One Referral Per Customer:

You are limited to one referral bonus per person, beneficial owner, or business entity, regardless of how many referral links you may have received.

5. Bonus Qualification Thresholds

5.1. All referral bonuses require that you keep your Account open and in good standing from the time your Account is approved through the date referral bonuses are paid. An Account in good standing means your Account is open, active, compliant with both Mercury and Banking Provider requirements, and not subject to any restrictions, holds, suspensions, or closure proceedings.

5.2. Additional requirements may be displayed on your referral landing page. You must meet these requirements to be eligible for referral bonuses. They may include:

• Deposit Threshold: You may satisfy the deposit threshold if you make deposits totaling at least the minimum deposit amount specified on your referral landing page during the Eligibility Period. Qualifying deposits can be made via one lump sum or a series of deposits during the Eligibility Period. Mercury will only consider settled and undisputed transactions for purposes of determining bonus eligibility.
• Balance Threshold: You may satisfy the balance threshold if during the Eligibility Period, you maintain a balance above the balance threshold listed on your referral landing page for at least one Full Calendar Day during the Eligibility Period.
• Transaction Volume Threshold: You may satisfy the transaction threshold if you receive a Mercury Debit Card or IO Card, and spend an amount equal to or above the limit listed on your referral landing page during the Eligibility Period. Only settled and undisputed transactions will count toward these thresholds.

6. Restrictions

6.1. Mercury reserves the right to disqualify referrals and withhold bonuses, including but not limited to the following circumstances:

• Self-referrals or referring entities you own, control, or have a financial interest in
• Fraudulent applications, false information, or misrepresentation of business activities
• Accounts not intended for genuine business use or created solely to obtain referral bonuses
• Gaming the system, circumventing program requirements, or exploiting technical vulnerabilities
• Multiple applications using different referral links or attempting to claim multiple bonuses
• Accounts that are closed, suspended, or not in good standing at the time of bonus calculation

6.2. Error Correction: Mercury may withhold referral payments if it believes you received a referral bonus in error.

6.3. Payment Schedule: Referral bonuses may only be paid after you meet all qualification requirements during the Eligibility Period and your Account remains in good standing. 

6.4. Verification Process: Mercury may verify your eligibility, business legitimacy, and compliance with program requirements before paying bonuses.

6.5. Discretionary Nature of Bonuses: Notwithstanding anything to the contrary, referral bonuses are not guaranteed and are subject to Mercury's sole discretion.

7. Program Changes and Termination

7.1. Modifications: Mercury may modify these Terms, bonus amounts, eligibility requirements, or program structure at any time in its sole discretion by posting updates to this page. It is your responsibility to check back periodically for changes.

7.2. Program Suspension: Mercury may suspend or terminate the referral program at any time in its sole discretion with or without notice.

7.3. Individual Termination: Mercury may exclude you from the program for violations of these Terms or at its sole discretion.

8. Compliance and Monitoring

8.1. Mercury reserves the right to:

• Monitor referral activity and investigate suspicious patterns or potential violations
• Request verification of your business operations, referral source, and program compliance
• Audit transactions and Account activity to ensure program integrity

9. Taxes

The value of any bonuses you receive may result in miscellaneous income received from Mercury. We may be required by applicable law to send you, and file with the IRS, a Form 1099-MISC or Form 1042-S, or other applicable form for the year in which you have been awarded Bonuses. You are responsible for any tax liability related to participating in the offer. Please consult your tax advisor if you have any questions about how this could affect your taxes.

10. Definitions

“Bonus” means financial rewards that may be earned in accordance with these Terms.

"Eligibility Period" means the ninety (90) day period beginning when you are first approved for an Account at Mercury.

"Full Calendar Day" means a complete twenty-four (24) hour period from 12:00 AM to 11:59 PM Eastern Time.

11. Contact Information

Questions about the referral program should be directed to [email protected]. 

By participating in Mercury's referral program, you acknowledge that you have read, understood, and agree to be bound by these Terms.