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Referral Agreement

This Referral Agreement (the "Agreement") contains the complete terms and conditions between us, Tango Hosting, a Limited Liability Company organized in the state of California, and you, regarding your application to participate as a Tango Hosting Referral Partner (the "Referral Partner").

BY SUBMITTING AN APPLICATION TO JOIN THE TANGO HOSTING REFERRAL PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS OPERATING AGREEMENT AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.

ARTICLE I

DEFINITIONS

"We", "Our", "Us", "Merchant" " – Tango Hosting, LLC (collectively, "Tango Hosting")

"You", "Your" - the business, individual or entity applying for participation in the Tango Hosting Referral Program.

"Referral Partner" - the business, individual or entity applying for participation in the Tango Hosting Referral Program.

"Tango Hosting Products and Services" - web hosting product and service that are available for purchase through Tango Hosting.com

ARTICLE II

REQUIREMENTS

Section 2.1 Enrollment in the Referral Program. To begin the enrollment process, You must submit a completed Referral Program Enrollment Form. The Application can be found by logging on to http://www.tangohosting.com/referral/signup.asp. Upon submitting the Enrolment Form, You will receive an e-mail confirming your status as a Tango Hosting Referral Partner.

Section 2.2 Order Processing. In order for Us to be able to process Your referral check, you will need to enter your personal Referral Partner e-mail ID in the space provided on our Order form. The $50 dollar referral fee will only apply to referrals resulting in a valid Tango Hosting Yearly Hosting Plan purchase; referral fees do not apply to monthly Hosting plans purchases.

ARTICLE III

REFERRAL PAYMENTS

Section 3.1 Referral Payment Processing. If the valid Tango Hosting Yearly Hosting Plan Purchase You referred is not cancelled pursuant to Our 30 day money back guarantee option, a $50 dollar check will me mailed to the address posted to Your Referral Partner e-mail ID profile within 15 days after the initial 30 day hosting trial period. A referral fee payment is void and will not be processed if the referred yearly hosting plan exercises the 30 day money back guarantee option.

Section 3.2 Referral Payment Forfeit. Referral payments will only apply to valid Tango Hosting Yearly Plan Purchases that post a valid Referral Partner e-mail ID at the time of purchase. Any valid Tango Hosting Yearly Plan Purchases which do not post a valid Referral Partner e-mail ID at the time of purchase will not qualify as a referred sale; no exceptions. If You do not include Your Referral Partner e-mail ID on Our order form at the time of purchasing a Tango Hosting Yearly Hosting Plan, You forfeit any right to a referral fee payment.

Section 3.3 Payment Limit. Our Referral Program cannot be combined with any other offers or promotions of Tango Hosting. Unless otherwise stated, a referral fee will not exceed $50 dollars.

ARTICLE IV

POLICIES

Section 4.1 Policies. All customers you refer through the Referral Program will be deemed to be Our customers. Accordingly, all of Our rules, policies, operating procedures concerning customer orders and terms of service will apply to those customers. We may change Our policies and operating procedures at any time. Unless you write about your preferences in advance, We reserves the right to contact any accounts You referred under your Referral Partner e-mail ID if any of those accounts shows late payment or the Credit Card you provided is invalid and we are unable to reach you within 30-days.

Section 4.2 Term of the Agreement. The term of this Agreement will begin when you Submit a Tango Hosting Referral Partner Sign up form and will end when terminated by either party. Either You or We may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.

Section 4.3 Modification. We may modify any of the terms and conditions contained in this Agreement at any time in Our sole discretion. You will be notified by email and a change notice will be posted on Our site. Tango Hosting, in its sole discretion, reserves the right to notify You by email. If any modification is unacceptable to You, Your only recourse is to terminate this agreement. Your continued participation in the Referral Program following Our posting of a change notice or new agreement on Our site will constitute binding acceptance of the change.

Section 4.4 Disclaimers. We make no express or implied warranties or representations with respect to the Referral Program or any Tango Hosting Products sold through the Referral Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, We make no representation that the operation of Our site will be uninterrupted or error free, and We will not be liable for the consequences of any interruptions or errors.

Section 4.5 Relationship of Parties. You and Tango Hosting are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on Our behalf. You will not make any statement, whether on Your site or otherwise, that reasonably would contradict anything in this Section.

Section 4.6 Representations and Warranties. You hereby represent and warrant to us that:
(a) this Agreement has been duly and validly executed and delivered by You and constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with its terms.
(b) The execution, delivery, and performance by You of this Agreement and the consummation by You of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which You are subject, (ii) any order, judgment, or decree applicable to You or binding upon Your assets or properties, (iii) any provision of Your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to You or binding upon Your assets or properties.
(c) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by You in connection with the execution, delivery, and performance of this Agreement or the taking by You of any other action contemplated hereby.
(d) There is no pending or, to the best of Your knowledge, threatened claim, action, or proceeding against You, or any Affiliate of Yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to Your trademarks, and, to the best of Your knowledge, there is no basis for any such claim, action, or proceeding.
(e) During the term of the Agreement, You will not include in Your site, or any site that promotes Our products, content that is, in Our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable.
(f) You are at least sixteen (16) years of age.

Section 4.7 Limitation of Liability. WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE REFERRAL PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE REFERRAL PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEE PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

Section 4.8 Indemnification. You hereby agree to indemnify and hold harmless Us and Our subsidiaries and Affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by You herein, or (ii) any claim related to Your site, including, without limitation, it's development, operation, maintenance and content therein not attributable to Us.

Section 4.9 Independent Investigation. YOUR APPLICATION SUBMISSION ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER RELATIONSHIPS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE TANGO HOSTING REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Section 4.10 Governing Law. The laws of the United States and the State of California will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Santa Barbara County, Santa Barbara, California and You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of Our right to subsequently enforce such a provision or any other provision of this Agreement.

I INDICATE MY APPROVAL OF THIS AGREEMENT AND DESIRE TO BECOME A REFERRAL PARTNER UNDER THESE TERMS AND CONDITIONS BY FILLING OUT AND SUBMITTING THE REFERAL PROGRAM ENROLLMENT FORM.





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