Refer a Friend Program

Created June 1, 2020

Last updated June 5, 2020

Program Guidelines

Eligibility Requirements:

Open to any United States resident (the “Participant”) who (i) sends an invitation to participate in the Palmetto Refer A Friend Program (the “Program”) to a potential customer, (ii) submits the potential customer’s First Name, Last Name, Phone Number, and Email (the “Required Information”) directly to Palmetto, and (iii) can be verified. Participant agrees to the terms of the Program and to the terms and conditions (the “Terms and Conditions”) which constitute the entire understanding and agreement between Palmetto and Participant and supersede all other agreements, whether written or oral. The Program may not be combined with any other referral promotions issued by Palmetto. Participation is also excluded for Palmetto employees or family members or those residing in the same household as Palmetto employees or family members. In the case where two Participants refer the same new customer, the first referral received by Palmetto will receive 100% of the compensation. This period of exclusivity lasts for 30 days after the receipt of a referral, after which a new referral can be submitted, and the customer submitting that new referral will receive 100% of the compensation. Palmetto reserves the right to modify, limit, or restrict participation in the Program to any person at any time for any reason and without notice. Participant eligibility shall be determined by Palmetto in its sole discretion.

Promotion Value:

Eligible participants who meet all requirements shall receive compensation in the form of a check or other equivalent payment in the amount of $100 (one hundred US dollars) payable within 60 days of completed installation of the solar power system. The value of the referral reward may be taxable income to you, and we may be required to send you a Form 1099-MISC and file it with the IRS. You are responsible for any federal or state taxes resulting from the Referral reward.

Promotional Period:

This Program applies to all referrals received after the program’s start date of April 5, 2021 and will continue until Palmetto ends it, which could come at any time without notification to those participating.

Terms and Conditions

DISCLAIMER AND LIMIT OF LIABILITY: PALMETTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY REFERRAL REWARD OR ANY PARTICIPANT’S OR REFEREE’S PARTICIPATION IN THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL REFERRAL REWARDS ARE PROVIDED “AS-IS.” NEITHER PALMETTO NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “PALMETTO PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE REFERRAL PROGRAM, OR USE OF ANY REFERRAL 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 THIS REFERRAL PROGRAM; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE REFERRAL PROGRAM, ADMINISTRATION OF THE REFERRAL PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REFERRAL REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE REFERRAL 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 REFERRAL REWARD. PALMETTO RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE REFERRAL PROGRAM, ALTER THE RULES OR CANCEL OR SUBSTITUTE ANY OF THE REFERRAL 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 REFERRAL PROGRAM, OR THE AWARDING OR USE OF ANY REFERRAL REWARD. IN NO EVENT SHALL PALMETTO OR ANY PALMETTO PARTIES BE LIABLE TO PARTICIPANT, REFEREE, 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.

RELEASE:

BY PARTICIPATING IN THE REFERRAL PROGRAM, EACH PARTICIPANT AND EACH REFEREE RELEASES AND AGREES TO HOLD HARMLESS PALMETTO AND ALL PALMETTO 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) ENTERING THE REFERRAL PROGRAM; (II) ACCEPTANCE OR USE OF ANY REFERRAL REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE REFERRAL PROGRAM.

GENERAL:

Palmetto reserves the right to cancel the eligibility of any Participant or Referee who engages in any fraudulent activity or uses the Referral Program in a manner inconsistent with these Terms and Conditions, or applicable laws, statutes or ordinances. Palmetto is not responsible for any incorrect or inaccurate information supplied by Participants. By submitting someone as a Referee, a Participant represents that he or she believes that the Referee would benefit from receiving information about Palmetto and its products and services. No “spamming” is permitted. If Palmetto believes, in its sole discretion, that a Participant has engaged in fraudulent activity or is “spamming” email accounts or addresses, Palmetto reserves the right to recover any payments made to such Participant. The Referral Program and these Terms and Conditions are void where any aspect of the Referral Program is prohibited, taxed or otherwise restricted by law or where registration, bonding, local judging or translation is required. The Referral Program is subject to all national, state, and local laws including applicable tax codes. Palmetto shall not be liable for any failure of or delay in relation to the Referral 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, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. The section headings contained in these Terms and Conditions are for reference only and shall not in any way affect the meaning or interpretation of these Terms and Conditions.

ARBITRATION:

By participating in the Referral Program, Participant agrees to resolve any disputes arising from the Referral Program or related to these Terms and Conditions through binding arbitration governed by the Federal Arbitration Act (“FAA”). The arbitration will be conducted under the rules of JAMS that are in effect at the time of the Referral Program. If there is a conflict between the applicable JAMS Rules and the within Terms and Conditions, the Terms and Conditions will govern. ARBITRATION MEANS THAT PARTICIPANT WAIVES HIS OR HER RIGHT TO A JURY TRIAL. ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS. AS A RESULT, NEITHER PARTICIPANT NOR PALMETTO MAY (I) JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS; (II) LITIGATE IN COURT A CLASS ACTION OR OTHER LAWSUIT; OR (III) ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

CHOICE OF LAW:

The laws of the State of South Carolina govern these Terms and Conditions. Should there be a conflict between the laws of the State of South Carolina and any other laws, the conflict will be resolved in favor of the laws of the State of South Carolina.