DC Solar Experts™ Referral Program Terms
The DC Solar Experts™ Referral Program (the “Referral Program”) is sponsored by DC Solar Experts (“Company,” “we,” “our” or “us”). The following DC Solar Experts™ Referral Program Terms (the “Referral Program Terms”) shall govern your ability to earn Referral Fees as a referrer (“Referrer,” “you” or “your”) in connection with your referral of new solar panel installation customers that purchase solar panels, and associated installation services, from Company’s Third-Party Service Providers. Please review the Referral Program Terms carefully. Capitalized terms that are used but not defined herein shall have the meaning set forth in the DC Solar Experts™ Website Terms and Conditions (“Website Terms”).
YOU UNDERSTAND AND AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO PARTICIPATE IN THE REFERRAL PROGRAM AND/OR EARN REFERRAL FEES IN CONNECTION THEREWITH.
1. DC Solar Experts™ Agreements. The Referral Program, and each Referrer’s participation in the Referral Program, shall be governed by all applicable DC Solar Experts™ agreements including, without limitation, the Website Terms and the DC Solar Experts™ Website Privacy Policy (collectively, the “DC Solar Experts™ Agreements”). These Referral Program Terms are hereby incorporated into the DC Solar Experts™ Agreements, and any and all terms and conditions contained therein shall apply to these Referral Program Terms. Where there is a conflict between the terms and conditions of these Referral Program Terms and those of the DC Solar Experts™ Agreements, to the extent that they apply to the Referral Program, these Referral Program Terms shall govern in all respects.
Please review these Referral Program Terms, and all applicable DC Solar Experts™ Agreements, carefully, prior to participating in the Referral Program. If you do not agree to the terms of these Referral Program Terms, and all applicable DC Solar Experts™ Agreements, in their respective entirety, you are not authorized to register for, or participate in, the Referral Program.
2. How to Register for the Referral Program. In order to participate in the Referral Program and earn Referral Fees as a Referrer, you must either first complete the “Customer Referral Form” made available on the Site, or provide us with Referral Data (as defined below) on a call with a Company representative.
(a) In order to complete the Customer Referral Form, you must provide the following information about yourself: (a) full name; (b) e-mail address; (c) telephone number; and (d) any other information requested on the Customer Referral Form (collectively, the “Registration Data”). In addition to the Registration Data, you must submit the following information about your prospective Referrals: (i) the full name of each prospective Referral; (ii) the mailing address of each prospective Referral; (iii) the e-mail address of each prospective Referral; (iv) the telephone number of each prospective Referral; and (v) any other information requested on the applicable form (collectively, “Referral Data,” and together with the Registration Data, the “Submitted Data”).
(b) Each Referrer agrees to provide true, accurate, current and complete Submitted Data, as necessary, in order to maintain it in up to date and accurate fashion.
3. How to Generate Referrals. You will get one (1) successful referral (each, a “Referral”) for each individual that is not yet a Solar Offerings customer of the designated Third-Party Service Provider where the Third-Party Service Provider completes the solar panel installation process in connection with the Solar Offerings for that individual’s residence (collectively, “Qualifying Installation Activity”). If a prospective Referral does not complete the Qualifying Installation Activity, that prospective Referral shall not be considered a valid Referral, and you will not receive any Referral Fee for that Referral.
COMPANY RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE REFERRAL (AND INVALIDATE AND/OR REQUIRE A REFUND OF ALL ASSOCIATED REFERRAL FEES) WHERE COMPANY DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE REFERRAL WAS GENERATED IN VIOLATION OF THESE REFERRAL PROGRAM TERMS.
COMPANY IS NOT RESPONSIBLE FOR CUSTOMER REFERRAL FORMS THAT ARE ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR ANY CUSTOMER REFERRAL FORM FAILURE. ALL DETERMINATIONS REGARDING THE REGISTRATION OF REFERRALS, QUALIFYING INSTALLATION ACTIVITY AND CORRESPONDING REFERRAL FEES SHALL BE MADE BY COMPANY AND ITS DESIGNATED THIRD-PARTY SERVICE PROVIDER, IN THEIR RESPECTIVE SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.
4. Referral Fee. For each successful and valid Referral that completes the Qualifying Installation Activity, the designated Third-Party Service Provider shall pay you a Referral Fee in the amount of Two Hundred and Fifty Dollars ($250.00), payable in one lump sum via ACH transfer, or other reasonable means utilized by the designated Third-Party Service Provider. The Third-Party Provider has represented that it will pay the Referral Fee within 10-30 days after the installation of each Referral’s solar system
5. Tax Information. You are responsible for paying any sales, use or other taxes related to any Referral Fees paid to you in connection with the Referral Program. Company and the designated Third-Party Service Provider reserve the right to withhold taxes from Referral Fees, as appropriate. Without limiting the foregoing, either Company or the designated Third-Party Service Provider may send you an IRS Form W-9 and 1099-MISC or other appropriate form, if the aggregate Referral Fees that you receive in any calendar year is equal to or greater than Six Hundred Dollars ($600.00).
6. Requirements. The Referral Program is available to individuals who have provided Referral Data via the Customer Referral Form, or to a Company representative on a telephone call. Company may terminate your participation in the Referral Program, and you shall forfeit any Referral Fees then due and owing to you (and refund any Referral Fees previously paid to you), where you: (a) violate these Referral Program Terms and/or any of the DC Solar Experts™ Agreements; (b) violate or infringe upon the rights of any third party individual and/or entity; and/or (c) engage in any Prohibited Conduct (as defined below), fraudulent conduct or improper behavior in connection with your use of the Site Offerings and/or Referral Program.
7. Marketing Requirements. In addition to, and without limiting, any and all obligations and restrictions set forth in the DC Solar Experts™ Agreements, you agree to the following “Marketing Requirements”:
(a) Your activities in connection with generating Referrals (“Referral Program Activities”), and the materials used by you in connection with same (“Creative”), must at all times: (i) comply with all applicable federal and state laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended and the Federal Trade Commission’s report entitled, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” as amended; and (ii) not infringe upon any third party intellectual property or other proprietary rights.
(b) You must ensure that all of your Referral Program Activities comply with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (the “FTC Guidelines”). Without limiting the foregoing, you must prominently disclose to prospective Referrals that you shall receive Referral Fees in connection with your Referral Program Activities.
(c) Without receiving Company’s prior written approval in each instance, you shall not use ANY “incentivized marketing” or establish, or cause to be established, any promotion that provides any sweepstakes entries, rewards, points or other compensation to be earned in connection with your Referral Program Activities, nor create the appearance of incentivized marketing.
(d) For purposes of these Referral Program Terms, “Prohibited Conduct” is defined as those instances where you engage in any of the following: (i) any Referral Program Activities via facsimile or telemarketing; (ii) any Referral Program Activities in connection with mobile telephones or portable electronic devices via SMS, Smart Messaging, EMS, MMS or any other type of text messaging service or protocol unless pre-approved by Company in writing in each instance; (iii) violations of the terms of service of, or Abusing, social media websites such as Facebook®, LinkedIn®, Instagram® or Twitter® in connection with your Referral Program Activities (for purposes of these Referral Program Terms, “Abuse” shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes (without Company’s prior written consent), making any automated use of the applicable social media website’s systems, such as using scripts to send bulletins or other communications, or any other activity that violates the applicable terms of service); (iv) soliciting personal information from any potential Referral; (v) any unlawful commercial activities; (vi) any fraudulent or deceptive activity; and/or (vii) any conduct that Company objects to, in writing, at least forty-eight (48) hours in advance.
(e) You shall not place any Creative in, on or through any e-mail messages or online venue that contains, promotes, references or has links to: (i) web pages with no content; (ii) profanity, sexually explicit material, hate material, material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or family status, or any other material deemed unsuitable or harmful to the reputation of Company; (iii) piracy (of software, videos, audio/music, books, video games, etc.) hacking/cracking/phreaking, emulators/ROMs, or distribution of copyrighted materials; (iv) illegal activities or advice; (v) deceptive acts or practices; (vi) violations of the rights of others, such as intellectual property or privacy rights; (vii) personal web pages, non-English language pages, free hosted pages or venues under construction; or (viii) activities generally understood as Abuse including, but not limited to, the sending of unsolicited bulk electronic mail.
(f) Unless authorized by Company in writing, in advance, you may not use third-party trademarks or any other term excluded by Company in any manner in connection with your Referral Program Activities. This prohibition includes, but is not limited to, purchasing keywords from search engine service providers (“Paid Search Networks”), or purchasing inclusion in search engine networks (“Paid Inclusion Networks”), where the associated keywords include the trademark, service mark and/or brand name of any third-party including, without limitation, “DC Solar Experts” or any other Company trademark, or any derivative or misspelling of any such trademark, service mark or brand name. Without limiting the foregoing, you must not violate the rules, requirements or regulations of any Paid Search Network or Paid Inclusion Network, and you shall fully indemnify and hold harmless Company from and against any and all liability arising from or in connection with any such violation.
8. Indemnification. You agree to indemnify and hold Company, its parent and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized use of the Referral Program; (b) your breach of these Referral Program Terms and/or any DC Solar Experts™ Agreements; (c) any dispute between you and any Referral, Third-Party Service Provider and/or other third parties; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 8 are for the benefit of Company, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
9. Modification/Termination of the Referral Program and/or Referral Program Terms. Company may modify these Referral Program Terms and/or terminate the Referral Program at any time, in its sole discretion, by posting amended Referral Program Terms, or a termination notice, by and through the Site, or by sending an e-mail to the e-mail addresses associated with the applicable Referrers. Such notice shall be effective immediately after it is posted or e-mailed, as applicable; provided, however, that no such modification or termination shall affect Referral Fees: (a) that have already been earned as of the date of the modification or termination notice; and/or (b) that could be earned in connection with a prospective Referral that has not yet completed the Qualifying Installation Activity set forth in Section 3 above. If any such modification is unacceptable to you, your only recourse is to cease participating in the Referral Program.