This Addendum is effective as of the date it is electronically signed by Client.  It establishes certain additional terms for Customer’s use of Mobile Delivery and expressly modifies the Enterprise Terms of Service or Tango Terms and Conditions, as applicable, between the Parties, and any amendments and addenda thereto (collectively the “Agreement”) to the extent set forth herein. All terms not defined herein shall have the meaning given to them in the Agreement.

1. Definitions.
   
   

1. “Mobile Delivery” means the sending and delivery of a Reward via SMS to a mobile device.

2. Customer represents, warrants, and covenants that, as the sender of Rewards via Mobile Delivery, it is and will remain in compliance with all applicable laws and regulations governing Mobile Delivery, including but not limited to applicable consumer data privacy and consent requirements set forth by the Telephone Consumer Protection Act (“TCPA”) and data privacy laws. 
   
   
3. Customer will not provide Tango with any Recipient phone number nor direct any Reward to be sent via Mobile Delivery without first obtaining consent from the Recipient to share such information with Tango and for Tango to deliver the Reward to such Recipient via SMS.
   
   
4. Customer will keep records of such consent for a minimum of three (3) years in a format that can be provided to Tango upon reasonable request.
   
   
5. Customer is fully liable for all Rewards sent through Mobile Delivery, including in the event of cyber theft of SMS messages and will indemnify Tango in full for any third party claims related to Customer’s failure to comply with data privacy laws, the TCPA, or other similar laws regulating the sending of messages via SMS.
   
   
6. When text messages are sent to Recipients as part of the Services, Tango will use text message service providers and the parties agree that Tango is authorized to use service providers for this purpose.
   
   
7. Subject to the limited exceptions set forth in the Cancellation Policy available at https://help.rewardsgenius.com/s/article/TangoCardCancellationPolicy, once sent, a Reward sent via Mobile Delivery is final and non-refundable and it may not be canceled, terminated, or forwarded to a subsequent Recipient for any reason.
   
   
8. Tango may suspend Mobile Delivery upon written notice and require fulfillment via an alternate method if Tango determines or reasonably believes: (a) that Customer may be in breach of addendum; (b) that Customer’s use of the text messaging services may constitute a breach of Tango’s acceptable use policy; (c) there is an unusual, material spike in your use of the text messaging service or other circumstances that Tango reasonably determines may be an indicator of fraudulent activity; or your use of the text messaging services may impede Tango’s ability to offer the text messaging services to other customers, for instance if your use of the text messaging services may not comply with applicable law or wireless communication industry best practices guidelines.  Should Tango invoke suspension under this Section 8, the parties promptly will mutually agree on an alternative method of fulfillment, including parameters and conditions of such fulfillment.
   
   
9. Customer acknowledges that Rewards delivered via Mobile Delivery may be redeemable for Merchant-Branded Codes or other Rewards that are only deliverable via e-mail.  In such case, recipients can modify the delivery email address regardless of whether modification of the delivery address has been enabled in the settings for the program.