SOLARMAX TECHNOLOGY, INC. REFERRAL PROGRAM TERMS AND CONDITIONS  – 7/18/17

These Terms and Conditions are the terms and conditions that govern the SolarMax Technology Referral Program and your eligibility to participate in such Program. PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY. IN ORDER TO PARTICIPATE IN THIS PROGRAM, YOU MUST AGREE TO ALL OF THESE TERMS AND CONDITIONS.

PROGRAM GOALS
As strong supporters of renewable energy and sustainable living, we want to get the word out about the incredible benefits and significant impact of solar energy. With your help, we can do just that. Since word of mouth is an extremely effective way to spread the word, we want to help you get the word out about solar energy and SolarMax Technology. If you qualify, you will have the opportunity to participate in our SolarMax Technology Referral Program and receive a referral fee of $500 for each qualified referral you send our way that goes solar with SolarMax. It’s our way of saying thanks! Please read below for the program details.

PROGRAM BASICS
1. Referral Fee.
A. If you are eligible to participate in this Program as provided below, you will receive a referral fee of $500 (a “Referral Fee”) for each Qualified Referral who purchases, finances or leases a residential or commercial solar panel system (a “System”) from SolarMax Technology and has it installed and operating as described below under “Qualified Referrals” within eighteen (18) months after the date you submit the Referral Form to us. During the term of this Program, and as long as you are abiding by these Terms and Conditions, there is no limit as to how many Referral Fees you may receive; provided that only one Referral Fee will be paid per Qualified Referral, even if the Qualified Referral purchases, finances or leases multiple Systems.
B. If you are eligible to receive a Referral Fee, a check in the amount of the Referral Fee will be mailed to you at the address you listed in the Registration Form within thirty (30) days after the purchase, financing or lease of a System by a Qualified Referral and installation and operation of the same as described herein.

2. Participation Eligibility
A. In order to participate in this Program, you must:
(i) be at least eighteen (18) years old;
(ii) be a legal resident of the United States (but not Montana, Louisiana, Georgia or Wyoming; this Program is not available to residents of those states);
(iii) provide SolarMax Technology with the information set forth in the Registration Form;
(iv) consent to SolarMax Technology’s use of the personal information and other information you furnish in accordance with our Privacy Policy, which may be found at: https://www.solarmaxtech.com/privacy-policy/. You acknowledge and agree that we may modify this Privacy Policy from time to time without notice to you;
(v) if necessary, provide SolarMax Technology with a valid Social Security Number and a completed and signed IRS Form W-9; and
(vi) agree to abide by all of these Terms and Conditions during the entire duration of this Program.
B. You may NOT participate if you do not meet all of the eligibility conditions above, or if:
(i) you are a SolarMax Technology employee or director; or
(ii) you are an immediate family member of a SolarMax Technology employee or, director. An “immediate family member” is a spouse, domestic partner, parent, child, sibling, or any related person living in the same household.

(iii) Any “Contractor” as defined by California Business and Professions Code §7026, §7026.1, §7026.2, and §7026.3 and any salesperson of said “Contractor”.
C. SolarMax Technology reserves the right to determine the eligibility of any individual to participate in this Program in its sole discretion. Once eligibility has been granted, it may be taken away and participation in the Program may be terminated for failure to abide by these Terms and Conditions, as determined by SolarMax Technology in its sole discretion.
D. YOU ARE NOT REQUIRED TO PURCHASE, FINANCE OR LEASE A SYSTEM FROM SOLARMAX OR DO ANY BUSINESS WITH SOLARMAX TECHNOLOGY IN ORDER TO PARTICIPATE IN THIS PROGRAM. THIS PROGRAM, AND THE PAYMENT OF ANY REFERRAL FEES TO YOU, ARE NOT ANY INDUCEMENT FOR YOU TO PURCHASE, FINANCE OR LEASE A SYSTEM OR ANY OTHER SOLARMAX TECHNOLOGY PRODUCT OR SERVICE.

3. Qualified Referrals
A. To be a Qualified Referral under this Program, an individual must meet all of the following eligibility criteria:
(i) must be at least eighteen (18) years old;
(ii) must purchase, finance or lease a System from SolarMax Technology, have it installed on a house or commercial building within the State of California, and have the Permission to Operate (PTO) issued by the utility company within eighteen (18) months after your submission of the Referral Form;
(iii) must own the house or building on which the System is installed; and
(iv) must be personally known to you, must have expressly consented to the submission of their name and contact information to SolarMax Technology, and must have consented to allow a representative of SolarMax Technology to contact him or her to discuss our products and services.
B. In addition to meeting all of the foregoing criteria, in order to be a Qualified Referral under this Program, the individual may NOT be:
(i) an Existing or Previous Customer (defined as any person or entity that currently owns, finances or leases a System or that has previously purchased, financed or leased a System);
(ii) an Active Prospect (defined as any person or entity with whom SolarMax is already in discussions about purchasing or leasing a System.
C. SolarMax Technology reserves the right to determine the eligibility of any individual as a Qualified Referral in its sole discretion. SolarMax Technology also reserves the right to decline to sell or lease a System to, or arrange for financing of a System for, or conduct any business with any Qualified Referral in its sole discretion, without any liability to you.

ADDITIONAL PROGRAM DETAILS
1. Prohibited Activities; Termination of Eligibility to Participate
A. SolarMax Technology reserves the right to terminate your eligibility to participate in this Program and receive Referral Fees for any reason whatsoever, including if SolarMax Technology determines that you have done any of the following in connection with this Program:
(i) failed to abide by these Terms and Conditions in any respect;
(ii) violated applicable law;
(iii) infringed any trademark, service mark, patent, copyright or other intellectual property rights of SolarMax Technology or any third party;
(iv) used a fictitious name or provided false information about yourself or any potential Qualified Referral, or participated in this Program or received Referral Fees using multiple or fake emails addresses, addresses or accounts;
(v) used any automated system, bot or similar device to participate in this Program;
(vi) solicited potential Qualified Referral interest from those not personally known to you, or by means of any bulk email or faxes, unsolicited commercial email or faxes or any other mass communication, telemarketing or cold calling, robocalling or other automated systems, marketing materials, social media, advertising, posting, spamming or the like;
(vii) made any false or unauthorized representations or promises of any kind regarding SolarMax Technology’s products or services, or given out any false or misleading information about SolarMax Technology or its products of services;
(viii) defamed or disparaged any individual or entity, including without limitation any of SolarMax Technology’s competitors; or
(ix) sought to interfere with or undermine the operation, integrity or fairness of this Program in any manner.
2. Respecting SolarMax Technology Intellectual Property
SolarMax Technology trademarks, service marks and/or logos, registered or otherwise, are the exclusive property of SolarMax Renewable Energy Provider, Inc. Your participation in this Program does not give you any rights or interest in or to any SolarMax Technology intellectual property or the right to use any such intellectual property in any manner. All materials submitted or generated by you in connection with this Program are the sole property of SolarMax Technology.
3. Modification of Program Terms; Termination of Program
SolarMax Technology reserves the right, in its sole discretion, to modify any of the terms of this Program from time to time, or end this Program, at any time without notice to you; provided that no such modifications or termination shall affect any Referral Fees to which you may be entitled prior to such modifications or termination. It is your obligation to check these Program Terms on our website from time to time to fully understand the terms that are applicable to your participation. Your continued participation in this Program or acceptance or Referral Fees constitutes your acceptance of all Program terms as modified from time to time.
4. Taxes
You are solely responsible for paying any applicable taxes on any Referral Fees paid to you. SolarMax Technology cannot and will not provide you with any tax advice or guidance. You should consult your own tax professional if you have any questions about the taxability of Referral Fees. Every year, SolarMax Technology will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to you if you have received more than $600 of Referral Fees in the previous calendar year.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SOLARMAX TECHNOLOGY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING IN ANY WAY TO THIS PROGRAM, EVEN IF SOLARMAX TECHNOLOGY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, SOLARMAX TECHNOLOGY SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO THIS PROGRAM.
6. Arbitration
PLEASE READ THIS SECTION CAREFULLY. IN THIS SECTION, YOU AND SOLARMAX TECHNOLOGY ARE EACH AGREEING THAT ANY DISPUTES REGARDING THIS PROGRAM WILL BE HEARD ONLY IN ARBITRATION AND NOT IN COURT. THE PARTIES ARE WAIVING THEIR RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY. YOU ARE ALSO WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE ARBITRATOR HEARS THE MATTER AND RENDERS THE DECISION; THERE IS NO JUDGE OR JURY. NEITHER YOU NOR SOLARMAX TECHNOLOGY WILL HAVE THE RIGHT TO GO TO COURT OR ENGAGE IN DISCOVERY, EXCEPT TO THE EXTENT ALLOWED BY THE ARBITRATION RULES. IN ADDITION, YOU WILL HAVE NO RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, EITHER AS A REPRESENTATIVE OR A MEMBER OF A CLASS. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION.
You and SolarMax Technology agree that any dispute or legal claim regarding this Program (a “Dispute”) shall be resolved exclusively by arbitration, in Orange or Los Angeles County, California, before a single arbitrator jointly selected by the parties. The selection of the arbitrator and the arbitration will be administered by JAMS under its Streamlined Arbitration Rules by a single neutral arbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. The arbitration will be governed by the Federal Arbitration Act (Title 9 of the U.S. Code). To learn more about arbitration or to review the JAMS arbitration rules, you may contact JAMS or review the materials at www.jamsadr.com.
SolarMax Technology will pay the fees associated with the arbitration; provided that if you initiate the arbitration, you will be required to pay the first $250 of any filing fee. Each party will each bear all of its own attorneys’ fees and costs; provided that you are entitled to recover your attorneys’ fees and costs if you prevail in the arbitration and the award you receive from the arbitrator (exclusive of any awarded attorneys’ fees and costs) is higher than SolarMax Technology’s last written settlement offer to you, if any.
The only disputes that may be heard in the arbitration are Disputes directly involving you and SolarMax Technology. The arbitration proceeding must be brought in the name of an individual person or entity and must proceed on an individual basis, and not on a class, representative or multiple party basis. The arbitrator may award relief only on an individual basis, and not any class or representative basis, and may not award relief to or against any individual or entity who is not a party to the arbitration. Disputes may not be pursued in arbitration as a class action, class arbitration, private attorney general action or other representative action, nor may any such Dispute be pursued on either Party’s behalf in litigation in any court. This means that any arbitration between you and SolarMax Technology may not address any similar or other disputes involving other individuals or entities.
7. Miscellaneous
This Program and these Terms and Conditions shall be governed by the laws of the State of California, without giving effect to its conflict of laws principles. This Program or your participation therein does not create any employment, joint venture or other relationship or association between you and SolarMax Technology. These are the only terms and conditions that govern the Program.
8. Questions; Resolution of Problems
If at any time you have any questions about this Program, or feel that an error has been made, feel
free to contact us at: (866)285-2388

Be a part of the green revolution and start spreading the word. Together, we can help your friends and family save thousands on electricity!

General Terms and Conditions for the Sunrun Inc. Customer Special Referral Program

Updated: July 18, 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 January 1, 2016, to March 31, 2016.

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 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.

REFERRAL SUBMISSION RULES: To be eligible for the Referral Program, a Participant must submit the Referee’s First Name, Last Name, and Phone Number (the “Required Information”) to Sunrun by either: (1) logging into his or her Sunrun account on the Sunrun customer website; (2) calling the Sunrun customer care department or a sales organization authorized in writing to make sales on behalf of Sunrun; or (3) submitting all Required Information via a dedicated email address or referral landing page on the Sunrun corporate website designated by Sunrun. Required Information submitted by alternate channels will not be accepted. All Required Information must be accurate and sufficient such that Sunrun or one of its partners or affiliates may prepare a quotation for service to the Referee’s home within 30 (thirty) days after expiration of the Promotional Period. The Terms of Use applicable to Participants’ use of Sunrun’s website can be found at http://www.sunrun.com/terms-of-service.

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.

PRIVACY: Subject to these Terms and Conditions, Participant and Referee information submitted pursuant to the Referral Program will be collected and used in accordance with Sunrun’s Privacy Policy, which can be found here.

General Terms and Conditions for the Sunrun Inc. Non-Customer Referral Program

Updated: July 18, 2017

This agreement sets forth the general terms and conditions (the “Terms and Conditions”) which apply to participation in the Sunrun Inc. (“Sunrun”) Non-Customer Referral Program (the “NC Referral Program”). Participation in the NC Referral Program is considered acceptance of these Terms and Conditions. The NC Referral Program shall only be valid during the Promotional Period, which runs from January 1, 2016 to March 31, 2016.

Sunrun reserves the right to both change these Terms and Conditions from time to time and/or to terminate the NC Referral Program at any time and without prior notice. Specific dates of the Promotional Period are set forth in the 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. 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 NC Referral Program is open to individuals who are not customers of Sunrun (the “Participant” or “Participants”), i.e. they (i) have not received a fully-executed Customer Agreement with Sunrun (“Customer Agreement”) countersigned by Sunrun (“Sunrun Sign Off”) and (ii) do not have an active complete photovoltaic system designed, engineered, procured, constructed, installed, tested, commissioned, and started-up (“Solar Facility”). By submitting the full name and phone number of an individual interested in becoming a Sunrun customer (the “Referee”) for participation in the NC 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 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) own his or her residence, (iii) sign a Customer Agreement with Sunrun and receive Sunrun Sign Off, and (iv) be legally capable of entering into contracts (the “Eligibility Requirements”). 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: Certain non-Sunrun customers will receive an email invitation to participate in the NC Referral Program. To be eligible for the NC Referral Program, a Participant must—prior to either the date the Referee first contacts Sunrun to discuss a quotation for service, or the date he or she is first contacted by a Sunrun representative—submit the Referee’s First Name, Last Name, and Phone Number (the “Required Information”) (i) to a Sunrun Sales Representative or (ii) via a dedicated email address, landing page on the Sunrun corporate website designated by Sunrun from time to time, or by creating a Sunrun Ambassador account and entering the Required Information at https://sunrun.getambassador.com.

Required Information submitted through alternate channels will not be accepted. All Required Information must be accurate and sufficient such that Sunrun or one of its partners or affiliates may prepare a quotation for service to the Referee’s home within 30 (thirty) days after expiration of the Promotional Period. The Terms of Use applicable to Participants’ use of Sunrun’s website can be found at http://www.sunrun.com/terms-of-service.

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 of $350.00 to be issued in a form to be determined in the sole discretion of Sunrun (the “Referral Reward”) such 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.

The Participant shall receive the Referral Reward within ninety (90) days from the date 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.

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 Sunrun’s delivery of a Referral Reward will require Sunrun to issue Participant a 1099, Sunrun’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: 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 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 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 NC 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.

SUNRUN RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE NC 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 NC 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 NC 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 NC REFERRAL PROGRAM; (II) ACCEPTANCE OR USE OF ANY REFERRAL REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE NC 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 NC 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 NC Referral Program and these Terms and Conditions are void where any aspect of the NC Referral Program is prohibited, taxed or otherwise restricted by law or where registration, bonding, local judging or translation is required. The NC 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 NC 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 NC Referral Program, Participant agrees to resolve any disputes arising from the NC 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 NC 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.

PRIVACY: Subject to these Terms and Conditions, Participant and Referee information submitted pursuant to the NC Referral Program will be collected and used in accordance with Sunrun’s Privacy Policy, which can be found here.