It is important that you review and understand these official terms and conditions before participating in the program. These terms and conditions are binding and set forth the obligations of Pango Financial® in connection with this Referral Program.
Referral Program Eligibility Criteria
- The program is open only to legal residents of the United States who are 18 years of age or older.
- By submitting a referral, you agree to abide by these PANGO FINANCIAL’S REFERRAL PROGRAM TERMS AND CONDITIONS (the “Referral Program”) and the decisions of Pango Financial®.
- Pango Financial® reserves the right, in its sole discretion, to prohibit you from participating in its Referral Program or any future program for any reason, including but not limited to showing disregard for Pango Financial’s program rules, or acting with an intent to annoy, abuse, threaten, or harass any other participant, employee or representative of Pango Financial.
Referred Opportunity Eligibility Criteria
A qualifying referral will be determined at the sole discretion of Pango Financial® in accordance with the following criteria:
- The referral is submitted via the “Referral Submission Form” located on the www.PangoFinancial.com website.
- Pango Financial® does not have a business relationship with the prospective customer, including, by way of illustration but not limitation, by communicating with the prospective customer about Pango Financial® or any services offered by Pango Financial®.
- Pango Financial® has not previously received a referral from an alternate source for the same prospective customer.
- Pango Financial accepts the prospective customer, and the prospective customer has paid the DreamSpark® plan setup fee.
- The referral information is accurate, reliable, and not subject to any conflicts of interest, breach of confidentiality, non-solicitation or non-compete obligations.
- This agreement is valid for submission of the referral for this prospective customer only and for a period of 6 months from acceptance and electronic submission.
- No responsibility will be taken by Pango Financial® for REFERRAL SUBMISSION FORMS that are illegible, lost, misdirected, improperly recorded or not received for any other reason.
- A referral may be disqualified, in Pango Financial® sole discretion, if you have breached any of the terms and conditions of the Referral Program.
Terms and Conditions
- Referral fee shall be defined as a commission or any other mutually agreed form of renumeration on the paid engagement fee resulting from a referral.
- The email address you included in the “REFERRAL SUBMISSION FORM” will receive a copy of the referral submission and will be the email address used for any further communications regarding this referral.
- Any previous discussions or communications with Pango Financial® are superseded by the submission of the REFERRAL SUBMISSION FORM and Pango Financial® cannot guarantee continuity regarding the ongoing contacts.
- Each party understands that this is a non-exclusive program and Agreement.
- Cross Referral Exclusivity: If Pango Financial® refers business opportunities to a referral partner for procuring a business or securing financing for a business (e.g. business broker or financing company among others), the referral partner will be obligated to exclusively recommend Pango Financial’s products, if needed as part of funding the related transaction, to the referred business opportunity. Said business opportunity shall be exclusively owned by Pango Financial® as it relates to the goods and service for which Pango provides. Therefore, referral partner shall be prohibited from marketing any services similar to Pango Financial® or referring the opportunity to any other company for the provisioning of like services to Pango Financial® to any company other than Pango Financial®.
- Both you and Pango Financial® are acting as independent contractors and not as the agent, partner, joint venturor, legal representative, franchisee or employee of the other party for any purpose. Neither party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other party, and nothing contained in this Referral Program shall be deemed to constitute one party an agent, partner, employee, or sales representative of the other, nor provide the authority of one party hereto to bind the other.
- You are not authorized to make any statements, promises, representations, or warranties regarding the services provided by Pango Financial®, including about the desirability or suitability of such services for the prospective customer. Should you make any statements, promises, representations, or warranties related to the services provided by Pango Financial®, you agree to take full and complete legal responsibility for such statements, promises, representations, any warranties, and to indemnify and hold harmless Pango Financial® for any losses, liabilities, or claims related to such statements, promises, representations, and warranties.
- The terms and conditions of the Referral program may be modified by Pango Financial®, at its sole discretion and without notice to you, at any time by modifying this web page.
- Participants should refer to this web page to understand the current terms and conditions.
- Pango Financial® may accept or reject the referral of any prospective customer in its sole discretion by notifying you within ten (10) business days of receipt of the referral.
- You agree to and shall indemnify and hold Pango Financial® and its directors, officers, and employees harmless from and against any claim, lawsuit, or other liability related to this Agreement or to the referral of a prospective customer to Pango Financial®.
- If you are participating in the Pango Financial® Referral Program as a business or other organizational entity, you represent and warrant that the business or organizational entity:
- is validly existing and in good standing under the laws of its incorporating jurisdiction and has all requisite power and authority to enter into this Agreement.
- is duly authorized and empowered to execute, deliver and perform this Agreement, and that the performance will not conflict or cause a default with respect to its obligations under any other agreement.
- If you are participating in the Pango Financial® Referral Program as an individual, you represent and warrant that you:
- (a) have disclosed your participation to your employer, if you have an obligation to do so; and
- (b) have obtained all necessary approvals from your employer with respect to participating in the Referral Program and any compensation that may result. IN NO EVENT WILL PANGO FINANCIAL BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER OR FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS INFORMATION AND THE LIKE, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE BASIS OF THE CLAIM. PANGO FINANCIAL’S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED ANY APPLICABLE REFERRAL FEE PAYMENTS. Pango Financial® shall not be liable for any damages resulting in whole or in part from any of your acts or omissions in connection with or related to making this referral.
- The Referral Program may be terminated by Pango Financial® at any time without prior notice.
- The Referral Program is governed by these official terms and conditions. If you do not wish to be bound by the terms and conditions set out above, then do not submit or fill out the attached Participation Form. However, if you are in agreement with these official rules and wish to proceed, you attest to the statement signifying your agreement and submit the associated form.
- You are reminded that Pango Financial® reserves the right, in its sole discretion and without further notice to you, to revise any of the terms herein at any time. Any changes will be posted on this web page. Your continued participation in this referral program after the posting of any such changes constitutes your binding acceptance of the changes.
- Any disputes between you and Pango Financial® shall be resolved in the State of Delaware, by binding arbitration conducted in the state of Delaware and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. You further agree that these terms and conditions shall be governed by and construed under the laws of the State of Delaware, without regard to principles of conflict of laws.
- For the purpose of governing the payment of referral fees there is a qualifying initial term of 90 days for customer retention.
- If your referral qualifies, you will receive a referral fee for engagement of Pango’s DreamSpark® plan. Any additional or third-party or solution partner services included in any signed customer engagement are excluded from referral calculations.
- Referral fees shall be mailed or direct deposited through ACH 30 days after receipt of the engagement fee by the customer to Pango Financial®. If, however, the customer is given a refund before the 90 day period expires or does not remain an active customer in good standing 90 days after receipt of the engagement fee, no referral fee shall be given or earned and will be subject to refund. Further, if, for any reason, the customer cancels its services or if any amounts are unpaid by the customer before the end of the initial term then you will refund the associated referral fee to Pango Financial®.
- A referral fee is applicable only to the initially contracted services. For clarity, after the initial referral payment, any subsequent services the customer requests will not lead to an additional referral fee.
- Any engagements subsequent to their initial sales order with Pango Financial® will not form a part of your original referral payment nor constitute a second qualifying referral payment. For greater clarification, there is only one referral payment for each referred customer.
- Referral fees are paid on net sales.
- If your referral qualifies, all payments will be sent to you by regular mail in accordance with the mailing information you provided to Pango Financial® on the “Referral Submission Form” as at the time of your submission of this document.
- Pango Financial® shall not be responsible for any lost, misplaced or undelivered mail and shall not have any obligation with respect to the updating of your mailing address information.
- All payments will be in the form of a check or direct deposit through ACH and will be calculated and made in the currency of the resulting engagement. All details required for making payment to you, if your referral qualifies, will be derived from the information you provided to Pango Financial® in your “Referral Submission Form”, which you represent and warrant to be complete and accurate with absolutely no competing payment obligations whatsoever regarding your employer. If direct deposit through ACH is preferred, the necessary bank details will be requested and confirmed through the email address that is provided.
- Pango Financial’s maximum liability to you under this program is limited to the referral fee which may be payable to you in accordance with the rules of this Referral Program.
- The referral fee will be provided via email to the Pango Referral Partner in the form of an amendment to this agreement with a referral schedule which shall be deemed accepted by the Pango Referral Partner automatically with the deposit of the initial referral fee and subject to the terms and conditions of this agreement..
- All federal, state, provincial and local laws apply. A qualifying participant is solely responsible for all applicable federal, state, and local taxes.
- Pango Financial® will require tax registration information prior to issuing payment. You will be asked to complete and sign a W-9 for this purpose.
1011 Centre Road, Suite 104
Wilmington, Delaware 19805