SUNMATTER INC REFERRAL PROGRAM
This agreement sets forth the general terms and conditions (the “Terms and Conditions”) which apply to participation in the Sunmatter Inc. (“Sunmatter”) Referral Program. The General Terms & Conditions below, constitute the entire understanding and agreement between Sunmatter and Participant and supersede all other agreements, whether written or oral. Participation in the program is considered acceptance of these Terms and Conditions. Said Referral Program shall only be valid during the Promotional Period, which runs from April 1, 2020 to June 30, 2020. Sunmatter reserves the right to both change these Terms and Conditions from time to time and/or to terminate the Referral Program at any time and without prior notice. Specific dates of the Promotional Period are set forth herein.
Terms & Conditions Updated 4/2/2020
REFERRAL PROGRAM PROMOTIONAL PERIOD: The Promotional Period shall run from April 1 to June 30, 2020, and shall expire at 11:59 p.m. on June 30, 2020.
Eligibility Requirements for Particapants: Referral Promotion is open to individuals and or businesses, who receive an invitation from Sunmatter Inc (“Sunmatter”) to participate in the Referral Program Promotion (the “Participant”). Participants who submit “Required Referral Information" to Sunmatter during the Promotional Period shall be eligible to receive Referral Rewards. By participating in the Referral Program, each Participant agrees to the General Terms & Conditions of the Sunmatter Inc Referral Program.
Eligible Participant Referral Reward Amounts increase or decrease on a calendar monthly basis and are dependent upon the Participants chosen level of participation. Participants who submit Required Referral Information for fewer than 5 distinct Referral Locations in a calendar month, shall receive a Referral Reward of $350.00 (“Bronze Medal - Referral Reward”) for each Qualified Referee (see Qualified Referral definition below). Participants who submit Required Referral Information for 5 or more distinct Referral Locations in a calendar month, shall receive a Referral Reward of $1250.00 (“Silver Medal - Referral Reward”) for each Qualified Referee submitted. Participants who submit Required Referral Information for 10 or more distinct Referral Locations in a calendar month, shall receive a Referral Reward of $2200.00 (“Gold Medal - Referral Reward”) for each Qualified Referee submitted.
Qualified Referee: Upon submission of ALL required Referee information; Full Name, Phone Number, Email Address and Installation Address for any individual interested in becoming a Sunmatter customer within an approved Sunmatter service Territory shall be considered a Qualified Referee so long as the following three criteria are met; (1.) an Initial Customer Consultation, virtual or in person, results from the referral Information submitted and said Customer Consultation is completed within 15 days of the close of the month the referral is submitted to Sunmatter through an approved method, (2.) a resulting solar system installation of at least 5kW (DC) is completed by an approved Sunmatter Installation Partner and (3.) said completed installation is paid in full and the Customer is in good standing with Sunmatter Inc and it Installation Partner(s).
Referral Rewards for each Qualified Referral, to be issued in a form to be determined by Sunmatter in its sole discretion (Cash, Check, Cash Card, Stable Coin, or Bank Wire or the like). All rewards shall be payable 2-4 weeks after completed install of the Referee’s solar facility and after confirmation that Referee’s account and install is in good standing with the appropriate Sunmatter Installation Partner.
Approved Sunmatter Service Territory: Unless otherwise indicated in writing Sunmatter Service Territory includes the following utility areas with the the State of California; PG&E, SCE and SDG&E Customers only.
Modified Referral Rewards for SolarSponsorship.org Program Joint Participation: Whereas Sunmatter has an existing Solar Sponsorship established with the Valley Regional Training Center (which meets at Fresno State University), and said sponsorship is already known in the general public and promoted, installations which are the direct result of Participation in both programs by the same Participant shall be subject to the following Modified Referral Rewards: at each Referral Reward Medal Level, Bronze, Silver and Gold respectively, payable amounts due Participants shall be reduced by 50%.
PARTICIPANT ELIGIBILITY REQUIREMENTS: The Referral Program is open to individuals and or businesses who have been invited by Sunmatter Inc to participate and who in kind, elect to do so. Additional eligibility requirements apply. By submitting the Referee Required Information, which shall include Full Name, Phone Number, Email Address and Installation Address for any individual interested in becoming a Sunmatter customer (the “Referee”) for participation in the Referral Program, each Participant agrees to the Terms and Conditions set forth herein.
Sunmatter reserves the right to modify, limit or restrict participation in the Referral Program to any person at any time for any reason and without notice. Participant eligibility shall be determined by Sunmatter in its sole discretion. A Participant’s time of entry into the Referral Program will be determined by Sunmatter in its sole discretion.
REFEREE ELIGIBILITY REQUIREMENTS, "Qualified Referee": Unless otherwise stated in writing, each Referee must live within a state that Sunmatter services, own his or her residence, sign a Customer Agreement with an approved Sunmatter Installation Partner, be legally capable of entering into contracts, and participate fully throughout the completion of the system installation and completion of all obligatory payments resulting from the installtion. If a Referee does not meet one or more Eligibility Requirement, the Participant shall not be eligible for a Referral Reward (defined below) for the unqualified Referee.
REFERRAL SUBMISSION RULES: To be eligible for the Referral Program, a Participant must—prior to either the date the Referee first contacts Sunmatter to discuss a quotation for service, or the date he or she is first contacted by a Sunmatter representative—submit the Referee’s Required Information via the appropriate form online at https://www.sunmatter.com/referafriend or directly to a Sunmatter Sales Representative in writing. Required Information submitted through alternate channels will not be accepted. All Required Information must be accurate and sufficient such that Sunmatter or one of its partners or affiliates may prepare a quotation for service to the Referee’s home within 15 (fifteen) days after expiration of the Promotional Period. A Referee may not have been referred to Sunmatter previously. If a Referee is referred by multiple Participants, the first Participant to submit the Required Information, based on the date and time of the submission (as determined by Sunmatter in its sole discretion) shall be the only Participant entitled to receive a Referral Reward.
REFERRAL REWARDS MAY BE TAXABLE, depending on the value of the item and the federal, state, and local tax laws applicable to the Participant. Participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability. If Sunmatter’s delivery of a Referral Reward will require Sunmatter to issue Participant a 1099, Sunmatter’s obligation to make the Referral Reward shall be conditioned upon receipt from Participant of any required tax documentation necessary to issue the 1099.
DISCLAIMER AND LIMIT OF LIABILITY: SUNMATTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY REFERRAL REWARD OR ANY PARTICIPANT’S OR REFEREE’S PARTICIPATION IN THE NC REFERRAL PROGRAM INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL REFERRAL REWARDS ARE PROVIDED “AS-IS.” NEITHER SUNMATTER NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “SUNMATTER PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE REFERRAL PROGRAM, OR USE OF ANY REFERRAL REWARD, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS NC REFERRAL PROGRAM; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE NC REFERRAL PROGRAM, ADMINISTRATION OF THE NC REFERRAL PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REFERRAL REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE NC REFERRAL PROGRAM TO BE DISRUPTED OR CORRUPTED; AND (VII) ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A REFERRAL REWARD.
SUNMATTER RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE REFERRAL PROGRAM, ALTER THE RULES OR CANCEL OR SUBSTITUTE ANY OF THE REFERRAL REWARDS FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER
UNFORESEEABLE OR UNCONTROLLABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE REFERRAL PROGRAM, OR THE AWARDING OR USE OF ANY REFERRAL REWARD.
IN NO EVENT SHALL SUNMATTER OR ANY SUNMATTER PARTIES BE LIABLE TO PARTICIPANT, REFEREE, OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, THEREFORE, CERTAIN OF THE FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
RELEASE: BY PARTICIPATING IN THE NC REFERRAL PROGRAM, EACH PARTICIPANT AND EACH REFEREE RELEASES AND AGREES TO HOLD HARMLESS SUNMATTER AND ALL SUNMATTER PARTIES FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE NC REFERRAL PROGRAM; (II) ACCEPTANCE OR USE OF ANY REFERRAL REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE REFERRAL PROGRAM.
GENERAL: Sunmatter reserves the right to cancel the eligibility of any Participant or Referee who engages in any fraudulent activity or uses the NC Referral Program in a matter inconsistent with these Terms and Conditions, or applicable laws, statutes or ordinances. Sunmatter is not responsible for any incorrect or inaccurate information supplied by Participants. By submitting someone as a Referee, a Participant represents that he or she believes that the Referee would benefit from receiving information about Sunmatter and its products and services. No “spamming” is permitted. If Sunmatter believes, in its sole discretion, that a Participant has engaged in fraudulent activity or is “spamming” email accounts or addresses, Sunmatter reserves the right to recover any payments made to such Participant.
The Referral Program and these Terms and Conditions are void where any aspect of the Referral Program is prohibited, taxed or otherwise restricted by law or where registration, bonding, local judging or translation is required. The Referral Program is subject to all national, state, and local laws including applicable tax codes.
Sunmatter shall not be liable for any failure of or delay in relation to the Referral Program for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
The section headings contained in these Terms and Conditions are for reference only and shall not in any way affect the meaning or interpretation of these Terms and Conditions.
ARBITRATION: By participating in the Referral Program, Participant agrees to resolve any disputes arising from the Referral Program or related to these Terms and Conditions through binding arbitration governed by the Federal Arbitration Act (“FAA”). The arbitration will be conducted under the rules of JAMS that are in effect at the time of the Referral Program. If there is a conflict between the applicable JAMS Rules and the within Terms and Conditions, the Terms and Conditions will govern.
ARBITRATION MEANS THAT PARTICIPANT WAIVES HIS OR HER RIGHT TO A JURY TRIAL. ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS. AS A RESULT, NEITHER PARTICIPANT NOR SUNMATTER MAY (I) JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS; (II) LITIGATE IN COURT A CLASS ACTION OR OTHER LAW SUIT; OR (III) ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
CHOICE OF LAW: The laws of the State of California govern these Terms and Conditions. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.