General Terms and Conditions for the Sunrun Inc. Customer Referral Program
Updated: October 1, 2017
This agreement sets forth the general terms and conditions (the “Terms and Conditions”) which apply to participation in the Sunrun Inc. (“Sunrun”) Customer Special Referral Program (the “Referral Program”). Participation in the Referral Program is considered acceptance of these Terms and Conditions. The Referral Program shall only be valid during the Promotional Period, which runs from October 1, 2017, to December 31, 2017.
Specific dates of the Promotional Period are set forth in referral program guidelines which may be published from time to time (the “Referral Program Guidelines”). In the event of a conflict between these Terms and Conditions and any Referral Program Guidelines, the terms of the Referral Program Guidelines shall apply with respect only to (i) the Promotional Period and (ii) the Eligibility Requirements for Participants and Referees, including but not limited to certain criteria of residence. From time to time, Sunrun may run special promotions and/or issue applicable Referral Program Guidelines.
Sunrun 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. As such, Participants (as defined below) should check these Terms and Conditions from time to time for changes. The failure by Sunrun to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
PARTICIPANT ELIGIBILITY REQUIREMENTS: The Referral Program is open to existing Sunrun customers who (i) have executed a customer agreement with Sunrun (a “Customer Agreement”), (ii) have received a fully-executed Customer Agreement countersigned by Sunrun (“Sunrun Sign Off”), (iii) have an active, complete photovoltaic system designed, engineered, procured, constructed, installed, tested, commissioned, and started-up (“Solar Facility”), and (iv) are current on their payments under their Customer Agreement (the “Participant”). By submitting the name of an individual interested in becoming a Sunrun customer (the “Referee”) for participation in the Referral Program, each Participant agrees to the Terms and Conditions set forth herein.
Sunrun 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 Sunrun in its sole discretion. A Participant’s time of entry into the Referral Program will be determined by Sunrun in its sole discretion.
The following individuals and entities are not eligible to participate in the Referral Program: Sunrun customers who have purchased a Sunrun solar system through a wholesale retailer, affiliates, including, without limitation, subsidiaries, advertising agencies, promotion agencies, fulfillment agencies, lead generation agencies, suppliers, distributors, attorneys and agents of Sunrun, Sunrun employees, on-site contractors acting in an equivalent capacity to employees, shareholders, officers, directors, and the immediate family members of and those living in the same household as such individuals.
REFEREE ELIGIBILITY REQUIREMENTS: Each Referee must (i) live within a state that Sunrun services; (ii) sign a Customer Agreement with Sunrun and receive Sunrun Sign Off, and (iii) own his or her residence (the “Eligibility Requirements”). Additional eligibility requirements may apply.
A Participant must submit the Referee’s Required Information to Sunrun prior to either the date the Referee first contacts Sunrun to discuss a quotation for service, or the date the Referee is first contacted by a Sunrun representative. A Referee may not have been referred to Sunrun previously, as reflected in Sunrun’s records. 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 Sunrun in its sole discretion) shall be the only Participant entitled to receive a Referral Reward.
A Participant may not refer someone who lives in the same household as the Participant, provided, however, that a Participant may refer himself or herself or someone in his or her household if the Participant has multiple homes and has not previously submitted information for home(s) not subject to a Customer Agreement with Sunrun (“Second Home Referee”). Participants who submit Second Home Referees will only receive a Referral Reward with respect to the Second Home Referee’s residence as of the date of the referral.
REFERRAL REWARDS: A Participant who refers a Referee who (i) meets the Referee Eligibility Requirements, (ii) signs a Sunrun Customer Agreement and receives Sunrun Sign Off within one (1) year of the date of the referral and (iii) pays any upfront and deposit fees associated with the Solar Facility, shall receive a referral reward in the amount specified in the Referral Program Guidelines to be issued in a form determined in the sole discretion of Sunrun (the “Referral Reward”). Referral Rewards may be issued as a prepaid or gift card issued by U.S. Bank National Association pursuant to a license from Visa U.S.A. Inc. Referral Rewards are non-transferrable, not for resale, not for use automated gas pumps and not redeemable for cash. Reward Cards expire six (6) months after issuance. Visit http://www.sunrun.com/mysunrun-Rewards/CHAgreement to review the cardholder agreement and all terms and conditions of use. Referral Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to the Participant.
The Participant shall receive the Referral Reward within ninety (90) days from the date that the Participant receives official notice that installation has begun on the Referee’s Sunrun Solar Facility, provided that the Referee has paid any upfront and deposit payments associated with the Solar Facility.
As set forth in the specific Referral Program Guidelines, a Referee who (i) meets the Referee Eligibility Requirements, (ii) signs a Sunrun Customer Agreement and receives Sunrun Sign Off within one (1) year of the date of the referral and (iii) pays any upfront and deposit fees associated with the Solar Facility, may receive a referral reward in the amount specified in the Referral Program Guidelines to be issued in a form determined in the sole discretion of Sunrun (the “Referee Referral Reward”).
Each of the Participant’s and Referee’s Sunrun accounts must be paid in full and be in good standing at the time of payment.
Participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability. If Sunrun’s delivery of a Referral Reward will require Sunrun to issue Participant or Referee a 1099, Sunrun’s obligation to make the Referral Reward shall be conditioned upon receipt of, either from Participant or Referee, any required tax documentation necessary to issue the 1099.
DISCLAIMER AND LIMIT OF LIABILITY: SUNRUN 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 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 SUNRUN NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “SUNRUN 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 REFERRAL PROGRAM; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE REFERRAL PROGRAM, ADMINISTRATION OF THE REFERRAL PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REFERRAL REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE 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.
SUNRUN 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 SUNRUN OR ANY SUNRUN 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 REFERRAL PROGRAM, EACH PARTICIPANT AND EACH REFEREE RELEASES AND AGREES TO HOLD HARMLESS SUNRUN AND ALL SUNRUN 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 REFERRAL PROGRAM; (II) ACCEPTANCE OR USE OF ANY REFERRAL REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE REFERRAL PROGRAM.
GENERAL: Sunrun reserves the right to cancel the eligibility of any Participant or Referee who engages in any fraudulent activity or uses the Referral Program in a matter inconsistent with these Terms and Conditions, or applicable laws, statutes or ordinances. Sunrun 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 Sunrun and its products and services. No “spamming” is permitted. If Sunrun believes, in its sole discretion, that a Participant has engaged in fraudulent activity or is “spamming” email accounts or addresses, Sunrun 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.
Sunrun 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 SUNRUN 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.