Customer Referral Program - Terms And Conditions
Program Expiration Date: December 31, 2019
These Terms and Conditions (the “Terms and Conditions”) apply to participate in the Sunnova Energy Corporation (“Sunnova”) Customer Referral Program (the “Referral Program”). Your participation, as the Referring Customer (as defined below), in the Referral Program constitutes your full and unconditional acceptance of these Terms and Conditions.
Referring Customer. In order to participate in the Referral Program you must be an existing Sunnova customers who (i) has a fully executed customer agreement with Sunnova (a “Customer Agreement”); (ii) has an active, complete photovoltaic system designed, engineered, procured, constructed, installed, tested, commissioned, and started-up (“Solar System”); and (iii) is current on their payments under their Customer Agreement (the “Referring Customer”). By submitting the name of an individual interested in becoming a Sunnova customer (the “Referred Customer”) for participation in the Referral Program, each Referring Customer agrees to the Terms and Conditions set forth herein.
Sunnova 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. Referring Customer eligibility shall be determined by Sunnova in its sole discretion. A Referring Customer’s time of entry into the Referral Program will be determined by Sunnova in its sole discretion.
Not Eligible Parties. The following individuals and entities are not eligible to participate in the Referral Program: Sunnova affiliates, including, without limitation, subsidiaries, advertising agencies, promotion agencies, fulfillment agencies, lead generation agencies, suppliers, distributors, attorneys and agents of Sunnova, Sunnova employees, on-site contractors acting in an equivalent capacity to employees, shareholders, officers, directors, California residents and the immediate family members of and those living in the same household as such individuals.
Referred Customer. Each Referred Customer must (i) live within a state or territory that Sunnova services; (ii) meet Sunnova’s Credit and Underwriting Policy requirements, including owning his or her residence, and other requirements as they may change from time to time; (iii) have agreed to be contacted by Sunnova or one of its channel partners; and (iv) sign a Customer Agreement with Sunnova (collectively, the “Eligibility Requirements”). Additional Eligibility Requirements may apply. Information about existing Sunnova customers seeking additional products will not qualify as a Lead.
Referral Submission Requirements:
Required Information. To be eligible for the Referral Program, a Referring Customer must submit the Referred Customer’s First Name, Last Name, and Email Address (the “Required Information”) to Sunnova by submitting all Required Information via a dedicated referral landing page on the Sunnova corporate website designated by Sunnova. Required Information submitted by alternate channels will not be accepted. All Required Information must be accurate and sufficient such that Sunnova or one of its partners or affiliates may prepare a quotation for service to the Referred Customer’s home within reasonable time in Sunnova’s discretion.
Timing of Submission. A Referring Customer must submit the Referred Customer’s Required Information to Sunnova prior to either the date the Referred Customer first contacts Sunnova or one of its channel partners to discuss a quotation for service, or the date the Referred Customer is first contacted by a Sunnova or its channel partners. A Referred Customer may not have been referred to Sunnova previously, as reflected in Sunnova’s records. If a Referred Customer is referred by multiple Referring Customers, the first Referring Customer to submit the Required Information, based on the date and time of the submission (as determined by Sunnova in its sole discretion) shall be the only Referring Customer entitled to receive a Referral Reward.
Second Home Referred Customer. A Referring Customer may not refer someone who lives in the same household as the Referring Customer, provided, however, that a Referring Customer may refer himself or herself or someone in his or her household if the Referring Customer has multiple homes and has not previously submitted information for home(s) not subject to a Customer Agreement with Sunnova (“Second Home Referred Customer”). Referring Customers who submit Second Home Referred Customers will only receive a Referral Reward with respect to the Second Home Referred Customer’s residence as of the date of the referral.
A Referring Customer who refers a Referred Customer who (i) meets the Referred Customer Eligibility Requirements, (ii) signs a Sunnova Customer Agreement, (iii) completely installs a Sunnova Solar System on his or her property as identified in the Customer Agreement, and (iv) is not a California resident shall receive a referral reward in the amount of $350 per Referred Customer, which may be issued in a form determined in the sole discretion of Sunnova (the “Referral Reward”).
Customer, which may be issued in a form determined in the sole discretion of Sunnova (the “Referral Reward”). Referral Rewards may be issued as a prepaid or gift card issued by Group O. Referral Rewards are non-transferrable, not for resale, not for use at automated gas pumps and not redeemable for cash. Reward gift cards expire twelve (12) months after issuance. Referring Customer will forfeit any unused funds after the expiration term. Visit https://rewards.groupo.com/Docs/CHA2017.pdf 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 Referring Customer.
The Referring Customer shall receive the Referral Reward within 8 weeks from the date that the Referring Customer receives official notice that installation has been completed on the Referred Customer’s Sunnova Solar System.
Each of the Referring Customer’s and Referred Customer’s Sunnova accounts must be in good standing at the time of payment.
Referring Customers are solely responsible for reporting such items on their tax returns and paying any associated tax liability. If Sunnova’s or Group O’s delivery of a Referral Reward will require Sunnova to issue Referring Customer a 1099 form, Sunnova’s obligation to make the Referral Reward shall be conditioned upon receipt of, from Referring Customer, any required tax documentation necessary to issue the 1099 which will be handled by Sunnova’s agent for these matters, Group.
Limitation of Liability:
SUNNOVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY REFERRAL REWARD OR ANY REFERRING CUSTOMER’S OR REFERRED CUSTOMER’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 SUNNOVA NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “SUNNOVA 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.
SUNNOVA 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 SUNNOVA OR ANY SUNNOVA PARTIES BE LIABLE TO REFERRING CUSTOMER, REFERRED CUSTOMER, 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.
BY PARTICIPATING IN THE REFERRAL PROGRAM, EACH REFERRING CUSTOMER AND EACH REFERRED CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS SUNNOVA AND ALL SUNNOVA 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.
Changes and Program Termination:
Sunnova 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, Referring Customers (as defined below) should check these Terms and Conditions from time to time for changes. The failure by Sunnova to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
Sunnova reserves the right to cancel the eligibility of any Referring Customer or Referred Customer 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. Sunnova is not responsible for any incorrect or inaccurate information supplied by Referring Customers. By submitting someone as a Referred Customer, a Referring Customer represents that he or she believes that the Referred Customer would benefit from receiving information about Sunnova and its products and services. No “spamming” is permitted. If Sunnova believes, in its sole discretion, that a Referring Customer has engaged in fraudulent or ilegal activity, or is “spamming” email accounts, addresses or telephone numbers, Sunnova reserves the right to recover any payments made to such Referring Customer.
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.
Sunnova 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.
By participating in the Referral Program, you, the Referring Customer, agree 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 rather than any state arbitration law. The arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) by a single neutral arbitrator. Either party may initiate the arbitration process by filing the necessary forms with the AAA. To learn more about arbitration before the AAA, you can review materials available at www.adr.org. The arbitration shall be held in the location that is most convenient to your Home. If the AAA is unavailable to administer the dispute, then the arbitration, including the selection of the arbitrator, will be administered by JAMS, under its Streamlined Arbitration Rules (the “Rules”) by a single neutral arbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. If JAMS is not available either, then the parties shall select another recognized arbitration administrator which can offer a location for arbitration that is close to your Home.
If you initiate the arbitration, you will be required to pay the first $125 of any filing fee. We will pay any filing fees in excess of $125 and we will pay all of the arbitration fees and costs. If we initiate the arbitration, we will pay all of the filing fees and all of the arbitration fees and costs. We will each bear all of our own respective attorney’s fees, witness fees, and costs unless the arbitrator decides otherwise.
The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this Lease. The arbitrator, however, is not authorized to change or alter the terms of this Lease or to make any award that would extend to any transaction other than yours. All statutes of limitation that are applicable to any Dispute shall apply to any arbitration between you and us. The arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.
Only Disputes involving you and us may be addressed in the arbitration. Disputes must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party to the Dispute. If you and we arbitrate a Dispute, none of you or us, nor any other person, may pursue the Dispute in arbitration as a class action, class arbitration, private attorney general action or other representative action, nor may any such Dispute be pursued on your or our behalf in any litigation in any court except as specifically provided below. Claims regarding any Dispute and remedies sought as part of a class action, class arbitration, private attorney general or other representative action are subject to arbitration only on an individual (non- class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. This means that the arbitration may not address disputes involving other persons with disputes similar to the Disputes between you and us. If any part of this paragraph of this Section is found to be unenforceable by an arbitrator or a court having jurisdiction over a Dispute, then this entire Section (except for this sentence and the following sentence) shall be automatically inapplicable to that Dispute.
EVEN IF ANY PART OF THIS SECTION IS FOUND TO BE UNENFORCEABLE AS DESCRIBED ABOVE, YOU AND WE EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT MIGHT ARISE BETWEEN OR INVOLVING YOU AND US, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING IN CONNECTION WITH ANY SUCH DISPUTE.
BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES EXCEPT AS SPECIFICALLY PROVIDED IN THE LAST PARAGRAPH OF THIS SECTION, YOU AND WE WILL NOT HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES AS DEFINED HEREIN. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE FEDERAL LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN CONTAINED SHALL BAR YOU OR US FROM: (I) OBTAINING INJUNCTIVE RELIEF FROM A COURT AGAINST THREATENED CONDUCT THAT COULD CAUSE IRREPARABLE HARM, LOSS OR DAMAGE, UNDER THE USUAL EQUITY RULES, INCLUDING THE APPLICABLE RULES FOR OBTAINING RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS; OR (II) OBTAINING A JUDGMENT FROM A COURT HAVING JURISDICTION CONFIRMING THE AWARD OF THE ARBITRATOR; OR (III) OBTAINING RESOLUTION OF A DISPUTE IN A SMALL CLAIMS COURT IF THE DISPUTE FALLS WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT (PROVIDED, HOWEVER, THAT NO ATTEMPT IS MADE TO TRANSFER RESOLUTION OF SUCH A DISPUTE FROM A SMALL CLAIMS COURT TO A COURT OF GENERAL JURISDICTION).
The laws of the State of Texas shall govern these Terms and Conditions, without regard to its conflict of law provisions.