Customer Referral Program Terms and Conditions

Participation in and payment through the Trinity Solar Customer Referral Program are subject to the terms and conditions as set out below (the “Referral Terms”), which shall govern every promotion or program whereby a person other than a sales or lead generation employee may be compensated for referring new customers to Trinity Solar:

• Trinity Solar offers a referral program whereby individuals may refer friends and family to Trinity Solar, and should the referred person (“Referred Customer”) install solar through Trinity Solar and meet the requisites of the program, the Referrer, as defined below, will be compensated (the “Customer Referral Program”).  Each compensated referral within the Customer Referral Program will be a “Referral.”
• Because the Customer Referral Program requires the exchange and use of personal information all Referrers, as defined below, must read and understand the Privacy Policy.
• All persons making referrals (“Referrer(s)”) must meet the following criteria in order to be eligible for the Customer Referral Program:
  • The Referrer must be eighteen (18) years of age or older;
  • The Referrer must be 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 Customer Referral Program.
• No purchase is necessary to register for the Customer Referral Program.
• 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; or
  • The Referred Customer uses a Trinity Solar approved link provided by the Referrer to sign up for an appointment.
• Only one referral compensation or similar payment will be made per Referred Customer, and no payment can be earned pursuant to the Customer Referral Program if Trinity Solar must make any other payment to any person or entity for the generation of the customer lead.
• 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;
  • Prior to the referral, the Referred Customer was in contact with the Referrer about solar installation, but was not ever in contact with Trinity Solar;
  • 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 Referral Terms 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.
• 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, incentivized marketing, solicitation, public communication, or establish, or cause to be established, any promotion that provides any sweepstakes entries, rewards, points, or other compensation to be earned in connection with generating a Referred Customer(s), 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 Referral Terms 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 solar provider, contractor, vendor, utility, 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 has no interest in any potential project or prospective compensation related thereto that has not been duly earned pursuant to these Referral Terms and shall make no claim otherwise.  The Referrer is not a third-party beneficiary to any agreement to which Trinity Solar or a Referred Customer is a party or pertaining to any potential Trinity Solar project.
• The Referrer is strictly prohibited from sending bulk distribution email, mail or other contact methods.  The Referrer must obtain written 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 and does so at the Referrer’s sole risk.
• The Referrer agrees to indemnify, defend and hold harmless Trinity Solar and its affiliates, owners, directors, employees, agents, contractors, solar providers and finance companies, and their insurers (collectively, “Releasees”), in the event that the Referrer’s willful act or omission or negligence subjects any Releasee(s), 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 2007, Gramm, Leach, Bliley Privacy Act and any other federal, state or local statute, regulation or requirement pertaining to marketing to consumers or otherwise.
• The Referrer shall not make any disparaging remark about any Releasee or take any action that reasonably could adversely affect their personal or professional reputation or prospects.
• In the event Trinity Solar determines, in its sole discretion, that a Referrer is in violation of these Referral Terms or is otherwise manipulating or abusing the Customer Referral Program, Trinity Solar may withdraw the Referrer’s eligibility to participate in the Customer Referral Program and other similar Trinity Solar promotions.
• The Referrer is not an employee of Trinity Solar by virtue of participating in the Customer Referral Program 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 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.
• The Customer Referral Program is offered for a limited time and may be modified or discontinued by Trinity Solar at any time in its sole discretion without notice.
• Any and all disputes, claims and causes of action arising out of or related to the 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 Customer Referral Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in New Jersey.
• These Referral Terms constitute the entire agreement between Referrers and Trinity Solar concerning participation in the Customer Referral Program.  The failure of Trinity Solar to exercise or enforce any right or provision of these Referral Terms shall not constitute a waiver of such right or provision.  The Customer Referral Program is void where prohibited by law.  If any provision of these Referral Terms 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 Referral Terms 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 Referral Terms.

Customer Referral Program payment details, which govern and control during the term notwithstanding any verbal or other communication through any other means other than a written contract executed by a Trinity Solar officer, are available to bona fide Referrers willing to identify themselves for purposes of authentication by emailing the request to customer.service@trinity-solar.com