Refer A Friend – Terms and Conditions
IMPORTANT: Please read this program Participantship agreement (“Agreement”) carefully before enrolling as a Participant of the Major Energy/Respond Power Refer-A-Friend Program (“Program”).
This Agreement explains the terms and conditions that govern your participation in the Program. This Agreement is between you and Major Energy/Respond Power (“MES”). It is your responsibility to read and understand the terms and conditions of this Agreement. By participating as a Participant in the Program, you agree to be bound by these Program Terms and Conditions.
1. Program Overview
a. MES is pleased that you are participating in the Program. This Program pertains specifically to current MES residential or commercial customers (referred to herein as “Participant(s)”) referring other residential or commercial customers (referred to herein as “Customer(s)”) in Illinois, New Jersey, New York, Maryland and Pennsylvania where electric and gas competition is available and where MES offers service. Participant excludes any: a. person or entity that profits from signing up a customer for MES agent; and/or b. employee, contractor, or entity of MES, MES’ Vendors, or MES’ outside contractors. Your participation in the Program is strictly subject to the Program’s Terms and Conditions. If you have any questions about these terms and conditions or any other policies or terms applicable to your involvement in the Program, please e-mail us at firstname.lastname@example.org.
2. Program Summary
a. Participants must be in good standing to be eligible to participate in the Program. To be considered in good standing, the Participant must have an active residential or commercial account with MES and be current on all payments. MES will reward Participants through checks mailed to the billing address of Participant, based on the number of new Customers you, as a Participant, refer to MES who become active MES Customers, as further specified below (hereinafter referred to as a “Qualified Referral”). This Program is effective until terminated by MES.
3. Participant Acceptance/Termination
a. MES will make all determinations regarding the eligibility of Program Participants and Qualified Referrals made by such Participants. MES may terminate your participation in the Program or cancel the entire Program at any time for any reason or no reason.
4. Earning Rewards
a. Participant and Customer will each receive $25 after completing the Program requirements for a gas or electric account.
b. MES may, in its sole discretion, introduce time-limited promotional offers (“Promotion”) that enable Program Participants to earn additional rewards for the completion of actions that are specified by MES.
c. Once a Participant meets all applicable requirements for a Promotion, the designated number of rewards specified by that Promotion shall be transferred to the Participant.
d. MES is not responsible for changes to, or discontinuance of, any Promotion or for any effect on accrual of rewards caused by changes or discontinuance.
e. You will be responsible for any and all tax liability arising out of your accrual or redemption of Promotion Cards.
f. You can earn a maximum of twenty-three (23) $25 MES checks in a calendar year, beginning with the date you were issued your first reward.
5. Qualified Referrals & Bill Credits
a. A Qualified Referral must meet the following criteria to be determined eligible for the Program:
i. Be a new Customer of MES
1. A residential customer is considered new to MES if he/she is not currently receiving his/her electricity supply from MES and has not been a customer for the last 3 months;
2. A commercial customer is considered new to MES if the commercial account is not currently receiving its electricity supply from MES and has not been a customer for the last 3 months.
ii. Satisfy all MES Customer enrollment requirements;
iii. Enroll with MES online, by phone, or written application and enter the Program Participant’s valid Full name in the Referral code box; and
iv. Continue to receive electric and/or gas service from MES for a minimum of 60 consecutive days.
b. In order for a Participant to be eligible, the Participant must continue to receive electric and/or gas service from MES for a minimum of 60 consecutive days after Qualified Referral started electric or gas service from MES.
6. Program Guidelines on Endorsements and Testimonials
a. Be honest and accurate. As part of your participation in the Program, you agree and acknowledge that you are responsible for making truthful and accurate statements about MES’s services with any referrals. If you are unsure about the answer to a question about an MES service, refer that person to majorenergy.com or 1-888-625-6760. Please be aware that per the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, you can be held liable for false or misleading statements made with your endorsement or testimonial about an MES service.
b. You must disclose your relationship with MES at the outset of any referral communication. This means you must disclose the fact that you are an MES customer at the beginning of the conversation with any potential Referee. The disclosure can be as simple as, “I am an MES customer and this is my personal opinion.” Be sure to clearly and conspicuously make this disclosure.
c. Disclose the fact that you may receive an MES Promotion for a successful referral.
d. By agreeing to these Program Terms and Conditions, you are agreeing to abide by these Program Guidelines on Endorsements and Testimonials (“Guidelines”). Failure to abide by these Guidelines can result in immediate termination of your Program Participantship and forfeiture of any and all MES Promotions and checks.
a. With your participation in the Program, you may receive confidential and proprietary information from MES, including sensitive customer data (“Information”). You agree to maintain all such Information in strict confidence and agree to not disclose such Information except as necessary. In addition, by participating in the Program, you authorize MES to release Information regarding your account to potential Qualified Referrals as necessary to enroll those customers with MES.
8. Independent Contractor Relationship
a. Your participation in the Program does not authorize you to act on MES’s, its parent’s or their respective affiliates’ 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 MES, its parent or their respective affiliates. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that MES is not directing how you perform your obligations hereunder.
a. 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 MES, its parent or their respective affiliates.
10. Disclosure of Account Information
b. You authorize MES to disclose necessary information that you have provided to third parties, or information that MES has obtained about your Account: (i) to agents of MES or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for fulfillment with third party suppliers.
c. By entering into this Agreement, you authorize MES and its Suppliers to share personal information about you, including but not limited to your e-mail address, full name and address.
11. Limitation of Warranty
a. THE PROGRAM IS BEING PROVIDED TO PARTICIPANT “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MES EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
b. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF MES PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION 11, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
c. MES DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PARTNERS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. MES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT ITS WEBSITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, MES DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND MES ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE.
12. Limitation of Liability
a. MES SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN REFERION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY MES IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PARTNERS OR SUPPLIERS, EVEN IF MES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. Termination or Changes to the Program
a. MES reserves the right to terminate the Program at any time without notice. Notification of Program termination may be publicized on the Program website. MES will not be responsible for failing to notify you of Program termination.
b. MES may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions page of the Program website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
14. Fraud; Termination of Participantship
a. Participantship in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse or any misrepresentation of any information furnished to MES or its affiliates by you, or anyone acting on your behalf, may result in the termination of your Participantship in the Program and cancellation of your checks earned. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf, MES reserves the right to forward this information to the proper authorities.
a. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program or the eligibility of $25 Promotion Checks for accrual or redemption, must be submitted in writing within 90 days of the qualifying transaction, to MES, at an MES mailing address. Any such disputes shall be resolved by MES at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of MES. In the event that an error is made by MES, such error shall not constitute a breach of this Agreement, and your sole remedy shall be the credit of the disputed $25.
a. By participating in the Program, you agree to and will indemnify and hold MES, its parent and their respective affiliates 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, attorneys’ 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.
17. Acceptance and Jurisdiction
a. 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 New York without regard to the conflict or choice of law rules thereof. The federal and state courts located in New York shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the Program you consent to same.
b. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by MES to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and MES with respect to the Program.
a. You may not assign the right to participate in the Program to any other party. MES may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. MES 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 MES. No delay or omission by MES 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.