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Referral Program

TEXT MOBILE ALERTS (TMA) REFERRAL PROGRAM

Do you know colleagues who could benefit from TMA? If so, please put in a good word for us. Here’s how:

Personally contact your colleague
Provide a positive review of the TMA service
Give us your colleagues’ contact information so we can follow up

If your colleague signs a contract with TMA within 365 days of your referral, you get $0.89/unit closed. So, if you have a colleague who manages a 500-unit community, that’s 500 x $0.89/unit = $445.00 into your pocket! See details below.

REFERRAL PROGRAM TERMS

Effective Date: January 1, 2011

Text Mobile Alerts, Inc. (hereinafter “TMA” or “Company”) provides a text-based communication service that enables property owners and managers to communicate effectively in real-time with their residents and prospective residents. TMA hereby makes available the TMA Referral Program (“Referral Program”) to persons meeting the requirements below.

Your participation in the Referral Program is subject to the terms and conditions contained in this Referral Program Policy (the “Policy”). Please read this Policy carefully. By participating in and/or receiving payment for any referrals, you acknowledge that you have read, understood, and agree to be bound by this Policy. If you do not accept the terms and conditions of this Policy, do not participate in the Referral Program. Company may change this Policy at any time without prior notice. If any change to this Policy is not acceptable to you, your sole remedy is to choose not to participate in the Referral Program.

PROSPECT REFERRALS

How to Participate: You may participate in the Referral Program by (i) personally contacting your colleagues (“Prospects”); (ii) providing a positive referral of the TMA service (the “Service”) to such colleagues; and (iii) providing the information designated below to TMA. If, within three hundred sixty five (365) days following the date you provide all information below to TMA (the “Referral Date”), TMA signs a contract with the Prospect referred by you, you will be entitled to receive a one-time payment of eighty-nine cents ($0.89) for each unit that entity or individual commits to contractually (“Referral Reward”). For example, if Prospect X signs a TMA contract for the Service for a 500 unit community, you will receive a one time payment of 500 x $0.89 = $445.00. For each Prospect, you must provide the following information: (1) the legal name of the Prospect and any trade or other names under which the Prospect conducts business; (2) the postal address of the Prospect’s principal place of business; (3) the name(s), telephone number(s) and e-mail address(es) of your personal connection; (4) the name(s), telephone number(s) and e-mail address(es) of the owner or decision maker of the Prospect; (5) a brief description of the Prospect’s business; (6) the Referral Date; (7) your name, postal address, telephone number and e-mail address; and (8) a signed W-9 form.

Restrictions. The Prospect account must close as a result of your referral and not for other reasons. Specifically, any Prospect shall be automatically disqualified from the Referral Program if, as of the Referral Date, (i) such Prospect is an existing customer of Company; (ii) Company has previously received notice from any of its third-party agents or representatives or any other participant in the Referral Program identifying such Prospect as a potential customer; (iii) Company is or has been in negotiations with such Prospect; (iv) Company has previously forwarded marketing materials or other communications to such Prospect; or (v) Company otherwise has a relationship with such Prospect or the property manager managing such Prospect. Further, the Prospect must (i) execute a Company contract and remain on the Service for at least two (2) consecutive quarters (180 days) (“Initial Service Period”); (iii) pay its Service fees for the Initial Service Period; and (iii) remain in full compliance with Company’s Terms of Use. Your Referral Reward shall accrue upon Company’s receipt of the first two (2) payments from Prospect and Company will provide payment to you at the address you provided within 30 days following receipt of such second payment. It is your sole responsibility to pay any taxes owed in connection with the Referral Reward.

Each Prospect shall be automatically disqualified from the Referral Program at the end of three hundred sixty five (365) days following the Referral Date.

Company reserves the right to disqualify any Prospect if Company reasonably determines, in its sole discretion, that you have not personally contacted such Prospect and referred the Service to such Prospect in accordance with the terms of this Referral Program.

AUTHORITY

You and your representatives, agents and employees shall not represent yourself or themselves or act as employees or representatives of Company and shall not have the right or authority in any way to bind Company to any obligation to any third party, and you and they shall not assume or create in writing or otherwise evidence any obligation of any kind, express or implied, in the name of or on behalf of Company, unless specifically authorized to do so in writing by Company and in accordance with the conditions specified by Company.

NO CONFLICT

You represent that your participation in this Referral Program and the provision of any information you provide hereunder does not conflict with or result in any violation of or constitute a breach of any of the terms or provisions of any contract or other obligation to which you are a party or under which you are subject or bound, or constitute a violation by you of any applicable law.

GENERAL

Company, and its agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, and legal advisors, are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) incomplete or unintelligible submissions; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Company; or (v) any injuries, losses, or damages of any kind arising in connection with or as a result of any Referral Reward, or the acceptance, possession, or use of any Referral Reward, or from participation in the Referral Program. Company reserves the right, in its sole discretion, to suspend, modify or cancel the Referral Program, and your participation in the Referral Program at any time and particularly should any unauthorized human intervention or other causes beyond the control of Company corrupt or affect the administration, security or proper conduct of the Referral Program. By participating in the Referral Program, you agree to release, discharge and hold harmless Company and its agents, directors, officers, shareholders, employees, insurers, servants, parents, divisions, subsidiaries, affiliates, predecessors, successors, representatives, and legal advisors, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Referral Program, participation in the Referral Program, the Referral Reward, and/or acceptance, possession, use or misuse of the Referral Reward, including but not limited to statutory and common law claims for misappropriation of your right of publicity. This Referral Program and this Policy shall be governed by California law. By participating in the Referral Program, you agree that Californian courts shall have jurisdiction over any dispute or litigation arising from or relating to this Referral Program and that venue shall be only in San Jose, California.