Sunnova Energy Corporation (“Sunnova” or “We” or “Company”), may, from time to time, offer customers and employees (“Referrer(s)” or “You”) the opportunity to participate in a referral program, or any individual referral program, (the or a “Program(s)”). We reserve the right to alter, suspend, or cancel a Program at any time for any reason. The Programs are administered by Sunnova.
Referrers are bound by these Terms and Conditions (the “Terms”) by participating in a Program. By participating in a Program, Referrers agree to use the Program in the manner specified in the Terms. If you do not agree to the Terms in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program whereby doing so would be prohibited by any applicable law or regulations.
No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
2. How the Program Works.
a. Program Participation.
Generally, to participate, Referrers should visit the Program specific landing page (either on the Sunnova.com website or in MySunnova.com) and follow the on-screen instructions to refer as many friends, family members, or colleagues to Sunnova. This will include completing a form asking for the User’s contact information.
For every Qualified Referral (as defined below), Referrer may be eligible to receive Reward(s), provided Referrer is otherwise eligible under, and fully compliant with the Terms.
b. Eligibility Criteria.
Referrers must be legal residents of the United States, including U.S. territories and the District of Columbia, who (i) are 18 years or older and (ii) have legal right to provide the personal information (e.g. name, email address, phone number, and address) of each Referral. Please see below for additional criteria required for each type of Referrer.
- SPECIFICALLY FOR SUNNOVA CUSTOMER REFERRER: Customer must have an existing Sunnova Customer Agreement for a Sunnova Services, as defined below at the time of submission and at the time the Reward is delivered. The following individuals are not eligible: Employees, officers directors and managers, their immediate family members (spouse, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of Sunnova or its affiliates, including, without limitation, subsidiaries, advertising agencies, promotion agencies, fulfillment agencies, lead generation agencies, suppliers, distributors, attorneys and agents of Sunnova, contractors acting in an equivalent capacity to employees, shareholders, officers, directors, and the immediate family members of and those living in the same household as such individuals, and residents in California, Colorado, Pennsylvania and Puerto Rico.
- SPECIFICALLY FOR SUNNOVA EMPLOYEE REFERRER: Employee must be a full-time Sunnova employee at the time of submission and at the time the Reward is delivered.
c. Qualified Referral.
Sunnova customer Referrers may visit their MySunnova.com account to check the status of their Qualified Referrals and to manage their account and rewards.
Referrers must respect the spirit of the Program by only referring real third-party individuals who the Referrer has a good faith basis to believe will meet the requirements of the Terms.
Rewards can only be awarded for Qualified Referrals. A “Qualified Referral” means that all the following conditions are met:
- The Referral must be a residential homeowner who meets Sunnova’s credit and underwriting requirements;
- The Referral must sign an applicable Sunnova Customer Agreement for a Sunnova Home Solar, Home Solar + Battery Storage, Home Solar + Roofing, or Add-on Battery Storage (each a “Sunnova Services”) as is required by the particular Program;
- The installation of the applicable Sunnova Services must be completed;
- The Referral consented to their personal information being shared with Sunnova;
- The Referral is not already a customer of Sunnova or has not been referred to or already a prospective customer (lead) of Sunnova in the previous twenty-one (21) days;
- The Referral is a legal resident of a U.S. state or territory Sunnova services who is 18 years or older;
- Only one Reward can be earned for each Qualified Referral. Any additional or subsequent purchases made by a Referral will not be considered Qualified Referrals and thus will not be entitled to the Reward; and
- Referral is not someone who lives in the same household as the Referrer, provided, however, that a Referrer may refer himself or herself or someone in his or her household if the Referrer has multiple homes and has not previously submitted information for home(s) not subject to a Sunnova Customer Agreement for Sunnova Services.
d. Earning Rewards.
Referrer shall receive one (1) reward (each a “Reward”) for each valid and verified Qualified Referral. Restrictions may apply.
Generally, Rewards may be redeemed in various forms in Sunnova’s sole discretion, including, but not limited to in the form of a gift card or cash. Restrictions may apply. For example, if the Reward is in the form of a prepaid reward card or electronic prepaid card, it may be subject to the issuer's terms and conditions. Please see below for additional criteria required for each types of Referrers and for Referrals.
- SPECIFICALLY FOR A SUNNOVA CUSTOMER REFERRER: Each Reward will be issued as a Visa Prepaid Reward Card or electronic prepaid card issued by Group O. Visit https://rewards.groupo.com/Docs/CHA2017.pdf to review the cardholder agreement and all terms and conditions of use. Referrer’s accounts must be in good standing at the time of payment. Rewards may be taxable, depending on the value of the item and the applicable federal, state, and local tax laws. Referrer is solely responsible for reporting such items on their tax returns and paying any associated tax liability. If Sunnova’s or Group O’s delivery of a Reward will require Sunnova to issue Referrer a 1099 form, Sunnova’s obligation to make the Reward shall be conditioned upon receipt of, from Referrer, any required tax documentation necessary to issue the 1099 which will be handled by Sunnova’s agent for these matters, Group O.
- SPECIFICALLY FOR SUNNOVA EMPLOYEE REFERRER: The Reward will be added to the employee’s paycheck and is considered taxable income.
- SPECIFICALLY FOR REFERRAL: Each Reward will be issued as a Visa Prepaid Reward Card or electronic prepaid card issued by Group O. Visit https://rewards.groupo.com/Docs/CHA2017.pdf to review the cardholder agreement and all terms and conditions of use. Referral’s accounts must be in good standing at the time of payment. Rewards may be taxable, depending on the value of the item and the applicable federal, state, and local tax laws. Referral is solely responsible for reporting such items on their tax returns and paying any associated tax liability. If Sunnova’s or Group O’s delivery of a Reward will require Sunnova to issue Referral a 1099 form, Sunnova’s obligation to make the Reward shall be conditioned upon receipt of, from Referral, any required tax documentation necessary to issue the 1099 which will be handled by Sunnova’s agent for these matters, Group O.
e. Verified Qualified Referrals.
Rewards are subject to verification. Sunnova may delay a Reward for the purposes of investigation. Sunnova may also refuse to verify and process any transaction Sunnova deems, in its sole discretion, to be fraudulent, suspicious, in violation of the Terms, or believes will impose potential liability on Sunnova, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
All of Sunnova’s decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
If a Referral is referred by multiple Referrers, the first Referrer to submit the required information based on the date and time of the submission, as determined by Sunnova in its sole discretion, shall be the only Referrer entitled to receive the Reward.
f. Claimed Rewards.
Rewards will be issued within eight (8) weeks from the date that the Referral receives official notice that the Sunnova Services have been installed. Reward in the form of a Visa Prepaid Reward Card or electronic prepaid card expire twelve (12) months after issuance. Users will forfeit any unused funds after the expiration term.
3. FTC 16 CFR Part 255 Compliance.
Participation in the Program and/or acceptance of a Reward constitutes permission to Sunnova to use any User’s profile 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.
5. Reservation of rights.
Sunnova reserves the right, in its sole discretion and without prior notice, to alter, suspend or cancel the Program, alter the Terms or cancel or substitute any of the 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 Program, or the awarding or use of any Reward.
We reserve the right to disqualify any User from participation in the Program at any time at our sole discretion, including without limitation if User does not comply with any of the Terms or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by Sunnova).
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, SUNNOVA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION
BY PARTICIPATING IN THE PROGRAM, EACH REFERRER AND EACH REFERRAL RELEASES AND AGREES TO HOLD HARMLESS SUNNOVA AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “SUNNOVA 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: (I) PARTICIPATING IN THE PROGRAM; (II) ACCEPTANCE OR USE OF ANY REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROGRAM.
7. Limitation of Liability.
SUNNOVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY REWARD OR ANY REFERRER OR REFERRAL’S PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL REWARDS ARE PROVIDED “AS-IS.” NEITHER SUNNOVA NOR ANY OF ITS SUNNOVA PARTIES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROGRAM, OR USE OF ANY REWARD, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THE PROGRAM; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE PROGRAM, ADMINISTRATION OF THE PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE PROGRAM TO BE DISRUPTED OR CORRUPTED; AND (VII) ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A REWARD.
IN NO EVENT SHALL SUNNOVA OR ANY SUNNOVA PARTIES BE LIABLE TO REFERRER, REFERRAL, 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.
a. Prohibited Conduct. Users agree not to use the Program to:
- Violate applicable law;
- Infringe the intellectual property rights of Sunnova or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about Users;
- Impersonate any person, or otherwise misrepresent User’s identity;
- Engage in any actions that are designed to disrupt or undermine the Program or servers or networks connected to the Program, or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Referrer’s use of the Program;
- Make attempts to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains bots, viruses, worms, Trojan horses, or any other contaminated or destructive features;
- Conduct any illegal 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;
- Engage in actions that disparage or malign or call into question the reputation of Sunnova, in Sunnova’s sole discretion.
b. Bulk Distribution. If a Referrer provides a personal link to a Referral 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 Sunnova’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's account, deactivation of the personal link, and disqualification from the Program.
c. Fraudulent and Suspicious Behavior. Sunnova may prohibit a User from participating in the Program or receiving a Reward, in its sole discretion, if Sunnova determines 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 Sunnova. 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 Referral Program or receive a Reward. Sunnova reserves 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 the Terms. Referrals generated by a script, macro or other automated means will be disqualified.
9. Governing Law.
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Terms. Except where prohibited, disputes, claims and cause of action arising out of or related to these Terms or the Program or a Reward shall be governed in all respects in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
The Program and the Terms are void where any aspect of the Program is prohibited, taxed or otherwise restricted by law or where registration, bonding, local judging or translation is required. The Program is subject to all national, state, and local laws including applicable tax codes.
Sunnova shall not be liable for any failure of or delay in relation to the 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, pandemic, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
By participating in the Program, You, the Referrer, agree to resolve any disputes arising from the Program or related to these Terms through binding arbitration governed by the Federal Arbitration Act rather than any state arbitration law. The arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) by a single neutral arbitrator. Either party may initiate the arbitration process by filing the necessary forms with the AAA. To learn more about arbitration before the AAA, you can review materials available at www.adr.org. The arbitration shall be held in the location that is most convenient to you. If the AAA is unavailable to administer the dispute, then the arbitration, including the selection of the arbitrator, will be administered by JAMS, under its Streamlined Arbitration Rules (the “Rules”) by a single neutral arbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. If JAMS is not available either, then the parties shall select another recognized arbitration administrator which can offer a location for arbitration that is close to you.
If you initiate the arbitration, you will be required to pay the first $125 of any filing fee. We will pay any filing fees in excess of $125 and we will pay all of the arbitration fees and costs. If we initiate the arbitration, we will pay all of the filing fees and all of the arbitration fees and costs. We will each bear all of our own respective attorney’s fees, witness fees, and costs unless the arbitrator decides otherwise.
The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under the Terms. The arbitrator, however, is not authorized to change or alter the Terms or to make any award that would extend to any transaction other than yours. All statutes of limitation that are applicable to any dispute shall apply to any arbitration between you and Sunnova. The arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.
Only disputes involving you and Sunnova may be addressed in the arbitration. Disputes must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party to the dispute. If you and we arbitrate a dispute, none of you or us, nor any other person, may pursue the dispute in arbitration as a class action, class arbitration, private attorney general action or other representative action, nor may any such dispute be pursued on your or our behalf in any litigation in any court except as specifically provided below. Claims regarding any dispute and remedies sought as part of a class action, class arbitration, private attorney general or other representative action are subject to arbitration only on an individual (non- class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. This means that the arbitration may not address disputes involving other persons with disputes similar to the disputes between you and us.
EVEN IF ANY PART OF THIS SECTION IS FOUND TO BE UNENFORCEABLE AS DESCRIBED ABOVE, YOU AND WE EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT MIGHT ARISE BETWEEN OR INVOLVING YOU AND SUNNOVA, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING IN CONNECTION WITH ANY SUCH DISPUTE.
BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES EXCEPT AS SPECIFICALLY PROVIDED IN THE LAST PARAGRAPH OF THIS SECTION, YOU AND WE WILL NOT HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES AS DEFINED HEREIN. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE FEDERAL LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN CONTAINED SHALL BAR YOU OR SUNNOVA FROM: (I) OBTAINING INJUNCTIVE RELIEF FROM A COURT AGAINST THREATENED CONDUCT THAT COULD CAUSE IRREPARABLE HARM, LOSS OR DAMAGE, UNDER THE USUAL EQUITY RULES, INCLUDING THE APPLICABLE RULES FOR OBTAINING RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS; OR (II) OBTAINING A JUDGMENT FROM A COURT HAVING JURISDICTION CONFIRMING THE AWARD OF THE ARBITRATOR; OR (III) OBTAINING RESOLUTION OF A DISPUTE IN A SMALL CLAIMS COURT IF THE DISPUTE FALLS WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT (PROVIDED, HOWEVER, THAT NO ATTEMPT IS MADE TO TRANSFER RESOLUTION OF SUCH A DISPUTE FROM A SMALL CLAIMS COURT TO A COURT OF GENERAL JURISDICTION).