Participation in and payment through the Trinity Solar Standard Customer Referral Program are subject to the terms and conditions as set out below (the “Terms And Conditions”):
- All persons making referrals (“Referrer(s)”) must meet the following criteria in order to be eligible for the Standard Customer Referral Program:
- the Referrer must be eighteen (18) years of age or older;
- the Referrer must a legal resident of the United States; and
- the Referrer, either independently or through a Trinity Solar associate, must register as a Referrer with Trinity Solar.
- Trinity Solar employees who receive commissions or other wages based on the sale of solar systems are not eligible for the Standard Customer Referral Program.
- No purchase is necessary to register for the Standard Customer Referral Program, however a Referrer will not be eligible to accrue points unless the Referrer is a customer
- All referrals must be made through a Trinity Solar approved method, and must be received prior to the initial sales appointment. These methods include:
- the Referred Customer requests an appointment through the Trinity Solar site and includes the Referrer in the submission data;
- the Referred Customer specifically identifies the Referrer when scheduling an appointment with a Trinity Solar representative;
- the Referred Customer uses a link provided by the Referrer to sign up for an appointment; or
- Only one Referral compensation or other similar compensation by Trinity Solar will be made per Referred Customer.
- 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 Trinity Solar approved method prior to the initial sales appointment;
- The Referred Customer is not currently and has not previously been in contact with Trinity Solar other than through the referral;
- The Referred Customer has Trinity Solar install a photovoltaic system on his/her property; and
- D) Trinity Solar is paid in full for the photovoltaic system installed.
- Trinity Solar has the right to verify the eligibility of all Referrals or otherwise investigate Referrals Trinity Solar believes may be the result of suspicious or fraudulent activity, be in violation of these Terms And Conditions or otherwise subject Trinity Solar to potential liability. It will be in Trinity Solar’s sole discretion to accept or reject any such Referral, which shall be the final and binding decision.
- For each Referral the eligible Referrer will accrue one (1) point in the Standard Customer Referral Program. The rate at which the Referral will be paid will be based on the total accrual of points prior to the addition of that point. The progressive rates and the points necessary are below:
- The rates and required points accrued may be changed at any time in Trinity Solar’s sole discretion.
- It will be in Trinity Solar’s sole discretion whether referrals subject to compensation outside of the Standard Customer Referral Program will count towards the accrual to higher referral rates (e.g. If the first referral is paid out at a higher rate than $500.00 or if the referral is made through another Trinity Solar referral program).
- Trinity Solar is not required to either initiate or continue to pursue any referral.
- The Referrer may refer their friends and family, but the Referrer shall not engage in any advertisement, solicitation or public communication, or otherwise make any representation, about or on behalf of Trinity Solar.
- The Referrer has no interest in any potential project or prospective compensation related thereto that has not been duly earned pursuant to these Terms And Conditions and shall make no claim otherwise. The Referrer is not a third-party beneficiary to any agreement to which Trinity Solar is a party or pertaining to any potential Trinity Solar project.
- The Referrer shall not contact or communicate with any vendor, agency or other third party that Trinity Solar may deal with, or otherwise make any public statement, about any Trinity Solar project that is an actual or prospective Referred Customer.
- The Referrer is strictly prohibited from sending bulk distribution email, mail or other contact methods. The Referrer must attain permission from all Referred Customers for Trinity 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 Trinity Solar contacting him or her.
- The Referrer agrees to indemnify Trinity Solar in the event that the Referrer’s willful act or omission, or negligence subjects Trinity Solar, 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 20007, 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 Trinity Solar determines, in its sole discretion, that a Referrer is in violation of these Terms And Conditions or is otherwise manipulating or abusing the Standard Customer Referral Program, Trinity Solar may withdraw the Referrer’s eligibility to participate in the Standard Customer Referral Program and other similar Trinity Solar promotions.
- The Referrer is not an employee of Trinity Solar and shall not be eligible to earn any wages from Trinity Solar or for any health, welfare or other benefits that may be offered to Trinity Solar’s employees. Trinity 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, and the Referrer shall fully pay all taxes pertaining to the Referrer promptly when due.
- All amounts paid pursuant to the Standard Customer Referral Program shall be construed as non-employee compensation to the Referrer, subject to any applicable tax or other reporting and contingent upon Trinity Solar’s prior receipt of a completed Form W-9.
- Trinity Solar may discontinue the Standard Customer Referral Program at any time, with or without reason.
- Any and all disputes, claims and causes of action arising out of or related to the Standard Customer Referral Program or any compensation awarded shall be resolved under New Jersey law (without reference to its conflicts of laws principles), and participants in the Standard Customer Referral Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in New Jersey.
- These Terms constitute the entire agreement between Referrers and Trinity Solar concerning Referrers’ use of the Program. The failure of Trinity Solar to exercise or enforce any right or provision of these Terms And Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms And Conditions 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 Terms And Conditions 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 Terms And Conditions.