Referral Terms and Conditions

Customer Referral Program Terms and Conditions: 

Participation in the Valley Solar Customer Referral Program is subject to the terms and conditions below (the “Referral Terms”), which shall govern every promotion or program whereby a person other than a sales or lead generation or other Valley Solar employee may be compensated for referring new customers to Valley Solar: 

• Valley Solar offers a referral program whereby individuals may refer friends and family to Valley Solar, and should the referred person (“Referred Customer”) install solar through Valley Solar and meet the requisites of the program, the Referrer, as defined below, will be compensated (the “Customer Referral Program”).  Each compensated referral within the Customer Referral Program will be a “Referral.” 
• All persons making referrals (“Referrer(s)”) must meet the following criteria to be eligible for the Customer Referral Program: 

• The Referrer must be eighteen (18) years of age or older. 
• The Referrer must be a legal resident of the United States. 
• The Referrer must be either be a Valley Solar customer, defined as a having previously contracted with Valley Solar or have a project “in process” with Valley Solar or be a “strategic partner” to Valley Solar as defined by Valley Solar.

• All referrals must be made through a Valley Solar approved method and must be received prior to the initial sales appointment or consultation. These methods include: 

• The Referred Customer requests an appointment through the Valley Solar site and includes the Referrer in the submission data; 
• The Referred Customer specifically identifies the Referrer when scheduling an appointment with a Valley Solar representative; or 
• The Referred Customer uses a link provided by the Referrer to sign up for an appointment. 
• The Referrer provides the referral through the Valley Solar app or website or through a Valley Solar associate and provides the specific name of the referred party. 

• Only one referral compensation or similar payment will be made per Referred Customer, and no payment can be earned pursuant to the Customer Referral Program if Valley Solar must make any other payment to any person or entity for the generation of the customer lead. 
• In order for any Referred Customer’s installation of solar to entitle the Referrer to compensation the following criteria must be met: 

• The Referrer made a referral through a Valley Solar approved method prior to the initial sales appointment or consultation. 
• Prior to the referral, the Referred Customer was not ever in contact with Valley Solar. 
• The Referred Customer hasValley Solar install a photovoltaic system on his/her property within eight (8) months of the referral; and 

• Valley Solar is paid in full for the photovoltaic system installed. 

• Valley Solar has the right to verify the eligibility of all Referrals or otherwise investigate Referrals Valley Solar believes may be the result of suspicious or fraudulent activity, be in violation of these Referral Terms or otherwise subject Valley Solar to potential liability. It will be in Valley Solar’s sole discretion to accept or reject any such Referral, which shall be the final and binding decision. 
• For each successful Referral the eligible Referrer will be paid the referral amount that was in effect at the time the referral was made.  The referral rates is subject to change without notification. 
• Valley Solar is not required to either initiate or continue to pursue any referral. 
• Valley Solar reserves the right to cancel any solar installation agreement with a referred customer. 

• The Referrer may refer their friends and family, but the Referrer shall not engage in any advertisement, solicitation or otherwise make any representation, about or on behalf of Valley Solar. 
• The Referrer is strictly prohibited from sending bulk distribution email, mail or other contact methods.  The Referrer must obtain permission from all Referred Customers for Valley Solar to contact that Referred Customer. 
• The Referrer is the actual sender of all email and other forms of contact with Referred Customers prior to the Referred Customer consenting to Valley Solar contacting him or her and does so at the Referrer’s sole risk. 
• Self-referrals or referrals of those residing in the same household as referee will not qualify.  
• The Referrer agrees to indemnify, defend and hold harmless Valley Solar and its affiliates, owners, directors, employees, agents, contractors, solar providers and finance companies, and their insurers (collectively, “Releasees”), in the event that the Referrer’s willful act or omission or negligence subjects any Releasee(s), directly or indirectly, to liability to any party, including for violations of applicable law, including without limitation the CAN-SPAM Act of 2003, Telephone Consumer Protection Act of 1991, Do-Not-Call Implementation Act of 2003, Do-Not-Call Improvement Act of 2007, Gramm, Leach, Bliley Privacy Act and any other federal, state or local statute, regulation or requirement pertaining to marketing to consumers or otherwise. 

• In the event Valley Solar determines, in its sole discretion, that a Referrer is in violation of these Referral Terms or is otherwise manipulating or abusing the Customer Referral Program, Valley Solar may withdraw the Referrer’s eligibility to participate in the Customer Referral Program and other similar Valley Solar promotions. 
• Valley Solar shall not be required to withhold any taxes from payments made to the Referrer or liable for payment of same to any federal, state, county or municipal government agency. 
• All amounts paid pursuant to the Customer Referral Program shall be subject to any applicable tax or other reporting and contingent upon Valley Solar’s prior receipt of a completed Form W-9. 
• The Customer Referral Program is offered for a limited time and may be modified or discontinued by Valley Solar at any time in its sole discretion without notice. 
• Any and all disputes, claims and causes of action arising out of or related to the Customer Referral Program or any compensation awarded shall be resolved under MA law and participants in the Customer Referral Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in MA. 

• These Referral Terms constitute the entire agreement between Referrers and Valley Solar concerning participation in the Customer Referral Program.  The failure of Valley Solar to exercise or enforce any right or provision of these Referral Terms shall not constitute a waiver of such right or provision.  The Customer Referral Program is void where prohibited by law.  If any provision of these Referral Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Referral Terms remain in full force and effect.  A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Referral Terms.