REFERRAL PROGRAM TERMS & CONDITIONS
To participate in Vista Solar’s Referral Program, the follow information provides terms and conditions in using our service and receiving your rewards. Vista Solar (“we”, “Vista Solar” or “Company”) may, from time to time, offer purchasers or lessees of our photovoltaic systems (“Service”), or other persons, the opportunity to earn rewards by referring friends to try the Service (“Vista Solar Referral Program” or “Program”). We reserve the right to terminate the Program at any time for any reason.
These terms (“Terms and Conditions”) shall apply to a user’s participation in the Program. By participating in the Program, users agree to use the Program in the manner specified in the Terms and Conditions. If you do not agree to these Terms & Conditions in their entirety you are not authorized to register as a Referrer or to participate in the Program in any manner. Users may not participate in a Program where doing so would be prohibited by any applicable law or regulations.
Participation in the Program may require users to submit personal information about themselves and their friends, family members or colleagues (collectively “Users”), such as name and e-mail address. The personal information will be collected, processed and used in accordance with Company’s Privacy Statement which can be found at www.vista-solar.com/privacy-policy. In addition, personal information may be used by Company or Administrator, on Company’s behalf, to contact Users with regards to participation in the Program and to receive communications from Company. Personal information will not be shared with anyone outside of Vista Solar and will not be used for any purposes other than to facilitate the Program.
2. HOW THE PROGRAM WORKS
a. Program Participation, Generally
To participate, visit http://www.vista-solar.com/referral-rewards-app/referral-step-by-step-app-guide/ and follow the on-screen instructions to refer as many friends, family members or colleagues as you want to the products within the Service.
Users who refer are called “Referrers” or “Sharers”; individuals who are referred are called “Referred Friends” or “Friends.” For every “Qualified Referral” (defined below), Referrer may be eligible to receive “Reward(s)” (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms and Conditions
- KEEPIN’ IT CLEAN
If a Qualified Referral receives a “Savings Meeting Review” (A meeting reviewing the free savings analysis provided by Vista Solar), then the Referrer will be eligible for a Reward of $200 cleaning credits. If the same Qualified Referral chooses to install a solar system with Vista Solar, then the Referrer will be eligible for an additional $1800 dollar cleaning credits.
- JUST PAY ME
If a Qualified Referral receives a “Savings Meeting Review” (A meeting reviewing the free savings analysis provided by Vista Solar), then the Referrer will be eligible for a Reward of $200 dollars. If the same Qualified Referral chooses to install a solar system with Vista Solar, then the Referrer will be eligible for an additional $1800 dollar Reward.
- REWARD A NON-PROFIT
If a Qualified Referral receives a “Savings Meeting Review” (A meeting reviewing the free savings analysis provided by Vista Solar), then the Referrer will be eligible for a Reward of $200 dollars towards the non-profit of their choice. If the same Qualified Referral chooses to install a solar system with Vista Solar, then the Referrer will be eligible for an additional $1800 dollar Reward towards the non-profit of their choice.
We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.
b. Eligibility Criteria
Referrers must be legal residents of the 50 U.S. states and the District of Columbia who 1) are 18 years or older and 2) have the legal right to provide the personal information (e.g., name, email address and zip code) of each Referred Friend.
Companies and employees of Program Entities or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
c. Qualified Referrals
Referrers must respect the spirit of the Program by only referring real third-party individuals who meet the requirements of these Terms and Conditions. For example, a Referrer may not create multiple or fake accounts with Vista Solar or participate in the Program using multiple or fake email addresses or identities.
Rewards can only be awarded for Qualified Referrals. A Qualified Referral means that all the following conditions are met:
- The Referred Friend has downloaded the Service via iTunes or Google Play, and create login to view their own referral dashboard. If a Referred Friend purchases or finances with the Service using any other method, the registration will not count as a Qualified Referral and Referrer will not earn a Reward;
- The Referred Friend was not previously registered with the Service under any email address or alias;
- The Referred Friend is a legal resident of the 50 U.S. states and the District of Columbia who is 18 years or older; and
- Only one Qualified Referral can be earned for each Referred Friend. Any additional or subsequent purchases made by a Referred Friend will not be Qualified Referrals.
- The Referred Friend is the legal representative of a commercial, agricultural, manufacturing or non-profit organization that is the sole owner, or occupant, of a non-residential property in the state of California.
- A Referral is only eligible for a Reward for 1-year from the date of submission to the Program. After 1-year, the Referred Friend must be resubmitted to the Program by the Referrer in order to become qualified.
- To qualify for the initial $500 Reward, the Referred Friend must provide access to Utility billing information, agree to and receive a Vista Solar site evaluation, and meet with a Company representative to review a savings analysis and system proposal.
- To qualify for the $1000 Reward, the Referred Friend must meet all of the criteria set forth in Section 2.c.1 – 7 listed above, and complete final payment for a solar installation “The Services” by Vista Solar.
d. Earning Rewards
Referrer shall receive (1) Reward for each valid and verified Qualified Referral. Restrictions may apply. Rewards are subject to verification. Program Entities may withhold a Reward for investigation, or refuse to process any transaction Company deems fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
In the event that the combined Rewards issued to the Referrer exceed $599 in a calendar year, a 1099 tax form will be issued by VSI to the Referring Party.
All Company decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is valid.
e. Claiming Rewards
Rewards cannot be combined with any other Company offers and may be redeemed in various forms in Program Entities’ sole discretion. Restrictions may apply; for example, if the Reward is in the form of a gift card, gift certificate or voucher it may be subject to the issuer’s terms and conditions.
Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s Vista Solar account for any reason, any unredeemed Rewards accumulated by Referrer are forfeited.
By participating in the Program, Users agree: (a) to be bound by these Terms and Conditions, the decisions of the Program Entities and/or their designees, and the Privacy Policies of Vista Solar; b) to release and hold harmless Program Entities and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and (c) to be contacted by the Program Entities via e-mail. Program Entities reserve the right to make changes or additions to these Terms and Conditions for any reason at any time. Program Entities’ failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program.
The Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
As a condition of entering the Program, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased.
Program Entities reserve the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.
4. APPLICABLE LAW
Any and all disputes, claims and causes of action arising out of or related to this Program or any prize awarded shall be resolved under California law and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.
Participation in the Program and/or acceptance of a Reward constitutes permission to Program Entities to use any User’s Vista Solar account information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
a. Prohibited Conduct, Generally
Users agree not to use the Program to:
- Violate applicable law;
- Infringe the intellectual property rights of the Program Entities or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Users;
- Impersonate any person, or otherwise misrepresent User’s identity;
- Interfere with, disrupt or violate the Terms and Conditions 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. Bulk Distribution
If a Referrer provides a link to the Program registration site http://www.share.Vista-Solar.com 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 Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Program Entities’ sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s disqualification from the Program.
c. Fraudulent and Suspicious Behavior
Program Entities may prohibit a User from participating in the Program or receiving a Reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of Program Entities. Use of any automated system to participate is strictly prohibited and will result in disqualification. Users may not enter with 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 a Reward. Program Entities reserve the right to disqualify any User and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program, submitting self-referrals, or violating these Terms and Conditions. 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.
CAUTION: 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 DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, PROGRAM ENTITIES RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.