 |
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.
|
 |