PLEASE READ THE FOLLOWING REAL SIMPLE ENERGY REFER-A-NEIGHBOR PROGRAM TERMS AND CONDITIONS ("PROGRAM TERMS") CAREFULLY BEFORE PARTICIPATING IN THE REAL SIMPLE ENERGY REFER-A-NEIGHBOR PROGRAM (THE "PROGRAM"). PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL PROGRAM TERMS.
Real Simple Energy will reward current customers "Affiliates" with compensation for customers they help bring to Real Simple Energy.
HOW IT WORKS
Share your unique referral code with potential customers, and once they've signed up with Real Simple Energy and service has started with the retail electricity provider we've selected, you will receive credit for the referral in the form of a credit on your bill. We will make payments quarterly. Your unique referral code link is available to share however you like. When your referrals click on your unique link, they will be sent to our homepage. You will be able to view the number of referrals credited in your Portal.
PARTICIPANT ACCEPTANCE; TERMINATION
Real Simple Energy or this Program reserves the right to delay, cancel, revoke, or prevent referral credits in any suspected case of fraudulent use or misuse of Real Simple Energy services or this Program. Real Simple Energy will make all determinations regarding participation in the Program. Real Simple Energy reserves the right to terminate your participation in the Program or cancel the entire Program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted to be given by Real Simple Energyhereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered for the Program and acknowledge that you have the necessary equipment (hardware and software) to receive and read such emails.
QUALIFIED REFERRALS; REWARDS
Qualified referrals must (i) be new customers to Real Simple Energy: for purposes of the Program, "new customer" does not include either (1) a person who is a current or pending customer of Real Simple Energy or (2) a person who was a Real Simple Energy customer within the 90 days immediately prior to the date of enrollment with Real Simple Energy; (ii) satisfy all Real Simple Energy sign up requirements; (iii) enroll with Real Simple Energy online by linking to the Real Simple Energy website through a personal link or promo code generated by the Partner Program; (iv) remain enrolled for at least 60 consecutive days; and (v) have "cookies" enabled on the computer from which the enrollment is executed. Eligible participants and qualified referrals will receive their reward for participation in the Program in the form of a bill credit on their first full month bill.
Real Simple Energy will provide you with access to the Portal, which you may use to track your referrals and rewards with respect thereto; provided that your use of the Portal is strictly subject to the Portal Terms. Real Simple Energy will update the Portal with your account information periodically, and whether a particular referral is a qualified referral (indicating that an incentive will be issued). Real Simple Energy is not obligated to, and will not, release to you the reasons why a particular referral has not been deemed a qualified referral.
CAN-SPAM ACT COMPLIANCE
Real Simple Energy complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt-out of receiving Real Simple Energy marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving Real Simple Energy marketing emails, you may be advised that the email address is not eligible to be sent a Real Simple Energy Partner email.
In connection with your participation in the Program, you may receive confidential and proprietary information of Real Simple Energy, including sensitive customer data ("Information"). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program. Notwithstanding anything to the contrary contained herein, you agree that you will comply with the customer confidentiality provisions set forth in Rule 25.472 of the Public Utility Commission of Texas.
INDEPENDENT CONTRACTOR RELATIONSHIP
Your participation in the Program does not authorize you to act on Real Simple Energy's behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Real Simple Energy. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that Real Simple Energy is not directing how you perform your obligations hereunder.
Other than with respect to materials provided to in connection with your participation in the Program, your status as a participant in the Program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Real Simple Energy.
By participating in the Program, you agree to and will indemnify and hold Real Simple Energy harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third-party claims, whether pending or threatened, including without limitation, attorney's fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Program Terms.
WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. REAL SIMPLE ENERGY THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL REAL SIMPLE ENERGY BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF REAL SIMPLE ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Program Terms may be altered, changed, modified or assigned by Real Simple Energy at any time by providing notice to you. Your participation in the Program at any time after Real Simple Energy provides you such notice of changes will constitute your agreement to such changes.
OTHER TERMS AND CONDITIONS
These Program Terms are in addition to and do not in any way limit or alter Real Simple Energy terms and conditions or agreements pursuant to which Real Simple Energy allows you to participate in the Program and/or use the Real Simple Energy Portal.
ACCEPTANCE AND JURISDICTION
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof.
You may not assign the right to participate in the Program to any other party. Real Simple Energy may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. Real Simple Energy shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of Real Simple Energy. No delay or omission by Real Simple Energy in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.