This agreement sets forth the general terms and conditions (the “Terms and Conditions”) which apply to participation in the Cal Paso Solar Electric Refer-A-Friend Program (the “Refer-A-Friend”). Participation in the Refer-A-Friend Program is considered acceptance of these Terms and Conditions.
Cal Paso Solar Electric reserves the right to both change these Terms and Conditions from time to time and/or to terminate the Refer-A-Friend 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 Cal Paso Solar to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
PARTICIPANT ELIGIBILITY REQUIREMENTS: The Refer-A-Friend Program is open to all individuals: customers and non-customers of Cal Paso Solar Electric (the “Participant” or “Participants”). By submitting the name of an individual interested in becoming a Cal Paso Solar Electric customer (the “Referee”) for participation in the Refer-A-Friend Program, each Participant agrees to the Terms and Conditions set forth herein.
Cal Paso Solar Electric reserves the right to modify, limit or restrict participation in the Refer-A-Friend Program to any person at any time for any reason and without notice. Participant eligibility shall be determined by Cal Paso Solar Electric in its sole discretion.
REFEREE ELIGIBILITY REQUIREMENTS: Each Referee must own his or her residence or commercial property, sign a Home Improvement Contract with Cal Paso Solar Electric, and be legally capable of entering into contracts (the “Eligibility Requirements”). If a Referee does not meet one or more Eligibility Requirements, the Participant shall not be eligible for or earn a Referral Reward (defined below) for the unqualified Referee.
REFERRAL SUBMISSION RULES: To be eligible for the Refer-A-Friend Program, a Participant must submit the Referee’s First Name, Last Name, Phone Number, and Email Address (the “Required Information”) to Cal Paso Solar Electric by either submitting the contact form at calpasosolar.com/refer-a-friend.html or calling Cal Paso Solar Electric’s Sales Department at (805) 239-4851.
All Required Information must be accurate and sufficient such that Cal Paso Solar Electric may prepare a quotation for service to the Referee’s residence or commercial property.
A Participant must submit the Referee’s Required Information to Cal Paso Solar Electric prior to either the date the Referee first contacts Cal Paso Solar Electric to discuss a quotation for service, or the date he or she is first contacted by a Cal Paso Solar Electric representative. A Referee may not have been referred to Cal Paso Solar Electric previously, as reflected in Cal Paso Solar Electric’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 Cal Paso Solar Electric in its sole discretion) shall be the only Participant entitled to receive a Referral Reward.
REFERRAL REWARDS: A Participant who refers a Referee who meets the Referee Eligibility Requirements, signs a Cal Paso Solar Electric Home Improvement Contract within one (1) year of the date of the referral and pays all fees associated with the solar system installation, shall receive a referral reward of $500.00 to be issued in a form to be determined in the sole discretion of Cal Paso Solar Electric.
The Participant shall receive the Referral Reward within thirty (30) days from the date that the solar system installation has been completed on the Referee’s residence or commercial property, provided that the Referee has submitted all payments associated with the installation.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 Cal Paso Solar Electric’s delivery of a Referral Reward will require Cal Paso Solar Electric to issue Participant a 1099, Cal Paso Solar Electric’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: CAL PASO SOLAR ELECTRIC 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 REFER-A-FRIEND PROGRAM INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL REFERRAL REWARDS ARE PROVIDED “AS-IS.” NEITHER CAL PASO SOLAR ELECTRIC NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “CAL PASO SOLAR ELECTRIC PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE REFER-A-FRIEND PROGRAM, OR USE OF ANY REFERRAL REWARD, INCLUDING BUT NOT LIMITED TO: LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS REFER-A-FRIEND PROGRAM; TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE REFER-A-FRIEND PROGRAM, ADMINISTRATION OF THE REFER-A-FRIEND PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REFERRAL REWARD; ANY OTHER CONDITION THAT MAY CAUSE THE REFER-A-FRIEND PROGRAM TO BE DISRUPTED OR CORRUPTED; AND ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A REFERRAL REWARD.
CAL PASO SOLAR ELECTRIC RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE REFER-A-FRIEND 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 REFER-A-FRIEND PROGRAM, OR THE AWARDING OR USE OF ANY REFERRAL REWARD.
IN NO EVENT SHALL CAL PASO SOLAR ELECTRIC OR ANY CAL PASO SOLAR ELECTRIC 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 REFER-A-FRIEND PROGRAM, EACH PARTICIPANT AND EACH REFEREE RELEASES AND AGREES TO HOLD HARMLESS CAL PASO SOLAR ELECTRIC AND ALL CAL PASO SOLAR ELECTRIC 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: ENTERING THE REFER-A-FRIEND PROGRAM; ACCEPTANCE OR USE OF ANY REFERRAL REWARD; AND OTHERWISE ARISING OUT OF OR RELATING TO THE REFER-A-FRIEND PROGRAM.
GENERAL: Cal Paso Solar Electric reserves the right to cancel the eligibility of any Participant or Referee who engages in any fraudulent activity or uses the Refer-A-Friend Program in a matter inconsistent with these Terms and Conditions, or applicable laws, statutes or ordinances. Cal Paso Solar Electric 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 Cal Paso Solar Electric and its products and services. No “spamming” is permitted. If Cal Paso Solar Electric believes, in its sole discretion, that a Participant has engaged in fraudulent activity or is “spamming” email accounts or addresses, Cal Paso Solar Electric reserves the right to recover any payments made to such Participant.
The Refer-A-Friend Program and these Terms and Conditions are void where any aspect of the Refer-A-Friend Program is prohibited, taxed or otherwise restricted by law or where registration, bonding, local judging or translation is required. The Refer-A-Friend Program is subject to all national, state, and local laws including applicable tax codes.
Cal Paso Solar Electric shall not be liable for any failure of or delay in relation to the Refer-A-Friend 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 Refer-A-Friend Program, Participant agrees to resolve any disputes arising from the Refer-A-Friend 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 Refer-A-Friend 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 CAL PASO SOLAR ELECTRIC MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS; LITIGATE IN COURT A CLASS ACTION OR OTHER LAW SUIT; OR 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: Participant and Referee information submitted pursuant to the Refer-A-Friend Program will be collected and used in accordance with the Terms and Conditions outlined in this document. All submitted information will be held confidential by Cal Paso Solar Electric and will not be used in conjunction with other promotions, offers, or transmissions by Cal Paso Solar Electric.
We will use the personal data you submit to contact your friend for a solar consultation and we will ask only for data that is adequate, relevant and not excessive for that purpose. If we contact you for any purpose, it will be by e-mail or phone for the following reason:
We may contact you to clarify the contents of your submitted referral.