Refer-a-Friend Program Terms & Conditions.

Overview:

SmartEnergy Holdings, LLC (“SmartEnergy”) offers this Refer-a-Friend Program (“Program”) as an opportunity for individuals to refer potential customers to SmartEnergy for its products and services (“SmartEnergy Products”) and to receive from SmartEnergy referral bonus payments when a referred person enrolls in a SmartEnergy Product.  These Terms & Conditions (“Terms”) govern the Program.  SmartEnergy may at any time change, modify, or amend these Terms and change, modify, amend or discontinue the Program (each a “Change”).  Each Change will be posted on SmartEnergy’s website (www.smartenergy.com).  You should review the website periodically for applicable Changes.  Your continued participation in the Program following a Change constitutes your acceptance of these Terms as so Changed.

Eligibility: 

The Program is open to legal residents of the States in which SmartEnergy operates who are 18 years of age or older and who are active SmartEnergy customers (“Referring Customer”).

Referrals:

For new customers, a unique referral code will be provided during the telephonic enrollment. Current customers and new customers who enroll online can contact SmartEnergy’s Customer Care Center at 1-800-443-4440 (toll-free) Monday through Friday from 8:00 a.m. to 7:00 p.m. (ET), and Saturdays from 9:00 a.m. to 6:00 p.m. (ET) to obtain their unique referral code. Once the Referring Customer has the unique referral code, they may start providing referrals.  For the Referring Customer to qualify for the referral bonus, the person referred by them who signs up for a SmartEnergy Product (“Referred Customer”) must provide the Referring Customer’s unique referral code. There is no limit on how many referrals can be processed with one unique referral code. The unique referral code will be valid as long as the Referring Customer’s account with SmartEnergy is active.

Payments to Referring Customer: 

SmartEnergy will pay a referral bonus (currently Fifty Dollars ($50)) in the form of a company check for each Referred Customer who enrolls with SmartEnergy for a SmartEnergy Product for the first time, enters active service with SmartEnergy, and experiences at least thirty (30) days of uninterrupted service with SmartEnergy.  The referral bonus will be processed after the 30-day period and will be mailed to the Referring Customer’s mailing address on file with SmartEnergy within 4 to 6 weeks.  No referral bonus will be paid for Referred Customers who are or have previously been, SmartEnergy customers. 

Communications: 

All communications from SmartEnergy related to the Program are currently expected to be via email.  By participating in the Program, you consent to the delivery of all Program-related notices and information by email, text, regular mail, or telephone to any of the contact information you have registered with SmartEnergy and acknowledge that you have the necessary equipment to receive such communications.

Other Terms, Conditions, and Limitations:

  • Both the Referring Customer and the Referred Customer must be SmartEnergy customers in good standing when the referral bonus is processed.
  • The referral bonus cannot be transferred or assigned. SmartEnergy will pay the referral bonus and mail the check to the name and mailing address on record with SmartEnergy.
  • Limit one referral bonus per referred account or household, regardless of the number of times such person enrolls the same account with SmartEnergy.
  • SmartEnergy will issue to the Referring Customer an IRS Form 1099 if required by applicable law.  For that purpose, the Referring Customer must disclose to SmartEnergy upon request his or her social security number.  The Referring Customer is solely responsible for any and all tax liability arising out of any referral bonuses paid.
  • All referral bonuses are subject to change at any time without notice.  The amount of the referral bonus will be SmartEnergy’s current referral bonus amount at the time the Referred Customer enrolls with SmartEnergy.
  • SmartEnergy reserves the right to terminate a Referring Customer’s participation in the Program for any reason or no reason, to the extent permitted by law, with written notice to the Referring Customer.   
  • The Program is void where prohibited by federal, state, or local law. 

Governing Law and Arbitration: The Program is governed by the laws of the State of New York, without regard to its choice of law principles. Any dispute arising between Referring Customer and SmartEnergy will be submitted to binding arbitration in the State where the Referring Customer resides administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect.  SmartEnergy will pay all AAA filing, administration, and arbitrator fees in connection with the arbitration, provided that the arbitrator does not determine that Referring Customer’s claim is frivolous or brought for an improper purpose.  THE ONLY PARTIES TO SUCH ARBITRATION WILL BE REFERRING CUSTOMER (INDIVIDUALLY AND NOT ON A REPRESENTATIVE OR CLASS BASIS) AND SMARTENERGY, AND NO OTHER PARTY (INCLUDING OTHER REFERRING CUSTOMERS) MAY BE JOINED IN SUCH ARBITRATION.  As the only exception to arbitration, SmartEnergy and Referring Customer retain the right to pursue in a small claims court located in the State where the Referring Customer resides any claim that is within the court’s jurisdiction and which proceeds on an individual basis and not on a representative or class basis.  This paragraph shall survive the termination, cancellation, or expiration of the Program.

Effective date: November 2021