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|96,381,112 LBS||110,380,471 MILES||1,123,320 TREES|
|Carbon emissions offset||Greenhouse emissions prevented||Equivalent trees planted|
It's easy and Star Members earn $500 every time a friend goes solar with us. Invite friends who live in these States: CA, CO, CT, AZ, MA, NY, NJ, MD, DE. Be sure to provide accurate address and contact information so we can pay you when your friends go solar. We will never abuse your information or share it with 3rd parties. All fields are required.
If this problem persists please contact Sungevity.
OurSungevity Referral Program Member Agreement
This Sungevity Referral Program Member Agreement (as amended from time to time, the "Agreement"), is between Sungevity, Inc. (" Sungevity", "we", "our"), with offices located at 66 Franklin Street, Suite 310, Oakland, CA, 94607 and you ("You", "Your", "Referral Member"). You and Sungevity agree as follows:
1. Term; Termination; Modifications.
A) By checking the box, You indicate Your acceptance of this Agreement and agree to its terms and conditions and You will be a part of Sungevity's referral program (the "Program"). The Program is administered by Sungevity. Your participation in the Program is at Sungevity's sole discretion and Sungevity may modify or amend at any time any part of the Program, including the methods through which Referral Fees are earned and paid. If You do not agree to the terms of this Agreement You will not be part of the Program and You will not be owed or paid any Referral Fees.
C) Sungevity will advise You when it modifies the Program and You shall have 7 days to either accept such changes by Your continued participation in the Program or You may withdraw from the Program. Failure to withdraw from the Program within 7 days after you are advised of any modifications to the Program or amendments to this Agreement will be deemed to constitute your acceptance of such modifications and amendments and your agreement to such terms. Sungevity reserves the right to terminate the Program at any time for any reason.
D) Sungevity may terminate this Agreement for any reason upon 7 days prior written notice, provided that Sections 5, 6 and 7 of this Agreement shall survive any termination of this Agreement.
E) Your participation in the Program may be terminated by Sungevity for cause immediately by written notice upon Your material breach or if You take any action that Sungevity believes in its sole discretion is detrimental to its reputation or standing in the community.
2. Participation Requirements; Rights and Obligations.
A) Requirements to Participate in the Program.
i. You must be at least 18 years of age.
ii. You must be a U.S. citizen or have the right to legally work in the United States.
iii. You must provide Sungevity with Your current email address, telephone number and mailing address.
iv. You must provide Sungevity with Your valid social security number.
v. You will pay any and all taxes applicable to the payments Sungevity makes to You.
vi. You will be responsible for any costs You incur in connection with Your performance under this Agreement.
vii. You will not spam anyone on Sungevity's behalf. If You provide a Referral Code to a Prospect by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk email distribution, distribution to strangers, or any other promotion of a Referral Code in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Sungevity's sole discretion is expressly prohibited and will be grounds for immediate termination of Your participation in the Program which includes termination of Your account and deactivation of Your Referral Code.
viii. To the extent that You are providing personal information of a Prospect, You must have the legal right to provide such information (e.g., name and email address).
ix. If Sungevity terminates the Program or any portion thereof for any reason, Sungevity shall pay any Referral Fees according to Section 2.B) x and the remaining terms of this Agreement. However, if Sungevity terminates your participation in the Program for any reason, then You agree that You forfeit any Referral Fees not already received as of the date of such termination and any unredeemed Referral Fees accumulated by You.
x. If You make reference to Sungevity on a website, Facebook page, Twitter account or any other web enabled or online advertising platform (the " Internet"), You represent to Sungevity that You own all of the content on such platform or otherwise have all rights necessary to present any content on such platform.
xi. You will not defame, libel or slander anyone in connection with Your participation in the Program.
xii. You shall not promote Sungevity or the Program through any Internet site that contains pornography, obscenity, hateful or derogatory speech or is otherwise inappropriate in Sungevity's sole judgment.
xiii. Sungevity may prohibit You from participating in the Program or receiving a Referral Fee, in our sole discretion, if we determine that You are attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair practices of intending to annoy, abuse, threaten or harass any other persons. You may not create multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive Referral Fees. Sungevity reserves the right to terminate your participation in the Program and/or cancel any Referral Fee if we find You tampering with the operation of the Program or violating this Agreement. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.
xiv. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, SUNGEVITY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
xv. Sungevity may terminate your participation in the Program if You:
· Violate applicable law;
· Infringe the intellectual property rights of Sungevity or any third parties;
· Stalk, harass, or harm another individual;
· Collect or store personal data about other Users without their consent;
· Impersonate any person, or otherwise misrepresent a User's identity;
· Interfere with, disrupt or violate this Agreement or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
· Interfere with another User's use of the Program;
· Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
· Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
· Use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
· Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
B) Referral Fee Activities; Payment.
i. Upon agreeing to the terms of this Agreement, You will be provided with a personal referral code ("Referral Code") that allows You to receive a referral fee ("Referral Fee") valued at US $500 for Qualifying Referrals ( see Qualifying Referral requirements below) subject to compliance with the terms of this Agreement. You will also be provided with a unique and personal log-in to a referral portal to check the status of Your Qualifying Referrals and to manage Your account. You must be registered with the Program to be issued a Referral Code, but no purchase is required.
ii. Referral Fees cannot be shared between Referral Members or combined with any other Sungevity offers and may be redeemed in various forms in Sungevity's sole discretion. Check Sungevity's referral portal for details. Restrictions may apply; for example, if the Referral Fee is in the form of a gift card, gift certificate or voucher it may be subject to the issuer's terms and conditions.
iii. You will not receive any Referral Fee for referring yourself or any family member residing with you.
iv. You shall deliver to Sungevity's referral portal, via Your Referral Code, the (i) name; and (ii) relevant contact information for each person who You believe is a bona fide prospect to purchase or lease a residential photovoltaic system (a "System") from Sungevity (a " Prospect").
v. Each Prospect that (i) is a legal resident of the 50 U.S. states and the District of Columbia who is 18 years or older, (ii) completes their purchase or lease using Your Referral Code, (iii) signs a contract to purchase or lease a System through Sungevity and (iv) has such System installed and interconnected shall be a "Qualifying Referral".
vi. Sungevity shall advise You if:
a. another Program participant or a participant in any other Sungevity referral program previously submitted the same Prospect;
b. the Prospect is currently a client of Sungevity; or
c. the Prospect was in Sungevity's Customer Relationship Management system prior to the date of the Referral.
In any such case, such Prospect shall not earn You a Referral Fee.
vii. Sungevity shall in its sole discretion make the determination as to whether and pursuant to what terms it will contract with a Prospect and will manage all day to day details and relationships with Prospects. Prospects may not qualify for the purchase or lease of a System based on credit score, electricity usage, roof configuration condition or shading, geographic location, or other for reasons.
viii. Only one Qualifying Referral can be earned for each Prospect. Any additional or subsequent purchases made by a Prospect will not be Qualifying Referrals.
ix. Under no circumstances shall You make representations or promises of any kind regarding the Systems that differ from or exceed those contained in the materials Sungevity provides to You. You are not authorized to incur expenses, sign contracts, have detailed discussions about the solar system design, financing, installation process or other maintenance issues.
x. Sungevity shall pay to You the Referral Fee within 8-10 weeks following the date that the System associated with a Qualifying Referral is fully operational and inter-connected to the electrical grid.
xi. Sungevity shall not be obligated to pay a Referral Fee if the Prospect signs a contract more than 6 months after Your referral.
xii. Sungevity shall issue You an IRS Form 1099 for any payments it makes to You. You must provide Sungevity with a completed form W-9 if Sungevity has paid You over US $600 in the current calendar year.
3. Trademark License.
A) During Your participation in the Program, Sungevity grants You a nonexclusive, nontransferable, personal right to use the trademarks, logos and program marketing assets made available by Sungevity pursuant to the terms and conditions of this Agreement (the "Trademarks").
B) Neither this Agreement nor any relationship you may have with Sungevity grants to You any right, title, or interest in the Trademarks other than the rights specifically granted in this Section 3. You shall not use the Trademarks, or any part thereof, as part of Your name or identity nor use any name or mark confusingly similar to the Trademarks, or otherwise utilize the Trademarks in a manner inconsistent with this Agreement.
C) By accepting the terms and conditions of this Agreement, You agree to use the Trademarks in accordance with Sungevity's Trademark guidelines as such may be provided by Sungevity from time to time (the "Guidelines"). In addition to complying with the Guidelines, You agree: (i) not to alter or modify the Trademarks in any way; (ii) that the Trademarks will not be used as a design element of any other logo or trademark; (iii) not to use Trademarks in any manner that might disparage or injure Sungevity's reputation; (iv) that use of Trademarks will be truthful and not misleading; (v) not to use the Trademarks in a manner which, in Sungevity's sole discretion, diminishes or otherwise damages Sungevity's goodwill in the Trademarks.
D) You shall use the following legend in any location on which Trademarks or other legal notices appear unless a different legend is required: "Trademark(s) are the trademarks or registered trademarks of Sungevity and its subsidiaries located in the United States and abroad."
E) Sungevity reserves the right to modify or terminate any rights arising out of or in connection with this Section 3, in whole or in part, without cause, at its sole discretion at any time. If you cease participation in the Program or upon receiving notice of termination of the Program, this Agreement or the rights granted under this Section 3, You will immediately cease use of all Trademarks and any other marks or materials of or provided by Sungevity.
4. Search Engine Marketing and Online Advertising Guidelines.
A) Search Campaigns - Protected SEM and PPC Bidding Keywords.
i. Sungevity prohibits and You agree not to bid on the Trademarks and certain other terms for search marketing campaigns and pay-per-click campaigns. These terms can be found in the prohibited keywords list attached to this Agreement as Exhibit A. Sungevity may amend this list from time to time. Please note this prohibition applies to all search engines large and small including, but not limited to, Google, Yahoo, Bing, and AOL.
ii. Sungevity prohibits the use of, and you agree not to use the words "coupon," "cheap," and "discount" in paid advertisements.
iii. You are further prohibited from registering Your Referral Code on coupon or solar aggregator websites such as coupons.com.
B) Search Campaigns - Limited Use SEM Display URL Content
i. You may not use "www.sungevity.com" (or any variation thereof) as the display URL in any Search Engine or like marketing campaign. In addition, You cannot have Sungevity in the main portion of Your URL address. For example, You may use www.isellsolar.com/sungevity; however, You may not use www.isellsungevitysolar.com.
C) Web Site - Prohibited Web Site Domain Keywords
i. Sungevity prohibits its Referral Members from using any Sungevity trademarks and Sungevity's product names in the main URL or sub-domain.
D) Web Site - Use of Logos and Trademarks in Web sites
i. Sungevity may provide Referral Members with marketing tools such as logos, online banners and other creative assets. Referral Members may not modify these materials in any way without Sungevity's express written prior consent. Use of these materials is subject to the license granted in Section 3.
E) Online Display Advertising (Usage of Banners)
i. Sungevity prohibits the usage of banner advertising using any banners that have not been pre-approved or provided by Sungevity.
5. Indemnities, Warranty and Disclaimer of Liability.
A) You agree to defend, indemnify and hold Sungevity and each of its respective officers, directors, shareholders, affiliates, employees and agents (each an "Indemnitee") harmless from and against any and all third party claims, actions, losses, damages, liability, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements incurred by an Indemnitee in any action) arising out of or in connection with Your breach of any of the representations, warranties or obligations set forth in this Agreement.
B) NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS OF SERVICE FOR A PARTICULAR PURPOSE OR THE SUCCESS OF SUCH PARTY'S EFFORTS HEREUNDER.
C) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
D) EXCEPT FOR THE PAYMENT OF EARNED REFERRAL FEES, IN NO EVENT SHALL SUNGEVITY BE LIABLE FOR ANY ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH ACTUAL DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SUNGEVITY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
A) "Confidential Information" means (a) any information disclosed by Sungevity, either directly or indirectly, in writing, orally or by inspection of tangible objects, which is designated as "confidential," "proprietary" or some similar designation (collectively, the " Disclosed Materials") or should reasonably be understood by You as being confidential and (b) any information otherwise obtained, directly or indirectly, by You through inspection, review or analysis of the Disclosed Materials. Confidential Information shall not include information that is or becomes part of the public domain through no action or omission of Sungevity, that becomes available to You from third parties without knowledge by such party of any breach of fiduciary duty, or that You had in your possession prior to the date of this Agreement.
B) You will maintain in confidence and not disclose or disseminate to any third party, or use except as explicitly permitted herein any Confidential Information.
C) Title to and ownership of all Confidential Information, including all systems, software (including any modifications, enhancements and updates), documentation, tools, utilities, methodologies, specifications, techniques and other materials, know-how and hardware owned by Sungevity shall remain the property of Sungevity.
This Agreement is governed by California law without giving effect to conflict of laws principles. The jurisdiction and venue for all disputes arising out of this Agreement shall be in Alameda County, California. Any and all disputes arising out of or relating to this Agreement shall be arbitrated before either of the American Arbitration Association or JAMS under the applicable business dispute rules of such administering organization. Sungevity's relationship with You is that of an independent contractor, and nothing in this Agreement should be construed to create a partnership, agency, joint venture or employment relationship. All notices under this Agreement shall be in writing and shall be by personal delivery, facsimile transmission, electronic mail, overnight courier, or regular, certified, or registered mail, return receipt requested, and deemed received upon personal delivery, acknowledgment of receipt of electronic transmission, the promised delivery date after deposit with overnight courier, or 5 days after deposit in the mail. Notices shall be sent to the person identified in this Agreement at the addresses set forth in this Agreement. Each party shall deem a document faxed or scanned to it as an original document. If any provision of this Agreement is found unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. In such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. Provisions that should reasonably be considered to survive termination of this Agreement shall survive. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause beyond the reasonable control of such party. You may not assign or transfer any rights under this Agreement without Sungevity's prior written consent. This Agreement completely and exclusively states the agreement of the parties regarding its subject matter and supersedes all prior proposals, agreements, or other communications between the parties, oral or written, regarding its subject matter. Sungevity may unilaterally modify this Agreement as provided herein. This Agreement shall not be modified by You without Sungevity's express written consent.
Referral Members may not bid on the following Sungevity trademarked keywords:
• Sunshine Online®
• Lease is More®
• Make Your Home a Hybrid®
• Solar Home Specialists®
• The Life and Times of Solar People®
• Generate Positive™
Referral Members also may not bid on the following keywords:
• sungevity (all variations and match types)
• www.sungevity.com (all variations)
• sunjivity (all variations)
• sunjevity (all variations)
• iquote (all variations)
• oursungevity (all variations)
• www.sungevity.org (all variations)
• buy solar panels
• cost of solar
• home solar
• home solar panels
• home solar power
• home solar power systems
• home solar system
• home solar systems
• install solar power
• lease solar
• leasing solar
• photovoltaic panels
• photovoltaic systems
• pv panels
• renewable energy sources
• renewable energy technology
• residential energy audit
• residential solar energy
• residential solar panels
• residential solar power
• residential solar
• solar cost
• solar electricity
• solar energy
• solar energy efficiency
• solar energy for homes
• solar finance
• solar lease
• solar leasing
• solar panel
• solar panel cost
• solar panel installation
• solar panel installers
• solar panel prices
• solar panel systems
• solar panels
• solar panels cost
• solar panels for business
• solar panels for home
• solar panels for homes
• solar panels installation
• solar power
• solar power energy
• solar power for the home
• solar power panel cost
• solar power systems
• solar pv
• solar residential
• solar roof panels
• solar systems
• solar shingles
• california solar
• ca solar
• new york solar
• ny solar
• arizona solar
• az solar
• massachusetts solar
• ma solar
• maryland solar
• md solar
• delaware solar
• de solar
• new jersey solar
• nj solar
• colorado solar
• co solar
• connecticut solar
• ct solar
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