Refer-a-Friend Program Terms & Conditions.

Overview: SmartEnergy Holdings, LLC (“SmartEnergy”) offers this Ambassadors Program (“Program”) as an opportunity for individuals to refer potential residential customers to SmartEnergy for its electricity supply service (“SmartEnergy Service”) and to be paid a referral bonus when a referred person enrolls in a SmartEnergy Service and the Referral Eligibility Requirements (see below) are met. 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. 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 Smart-Energy customers (“Referring Customer”).

Referrals: In order to participate in the Program, Referring Customers will need to obtain a unique referral link as provided below. Once the Referring Customer has the unique referral link , 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 Service (“Referred Customer”) must do so by following the instructions provided on the referral link. There is no limit on how many referrals a Referring Customer can make.

Referral Link: For new customers enrolling by telephone, the sales agent will assist the customer in completing the registration process for obtaining a unique referral link.

Referral Eligibility Requirements: To qualify for the referral bonus, (1) the Referring Customer must (a) have experienced at least thirty (30) days of uninterrupted service with SmartEnergy, (b) have an active account status and (c) be in good standing with SmartEnergy, and (2) the Referred Customer must (a) enroll with SmartEnergy for a SmartEnergy Service for the first time, (b) fulfill SmartEnergy’s service enrollment requirements, (c) experience at least ninety (90) days of uninterrupted service with SmartEnergy, (d) have an active account status, and (e) be in good standing with SmartEnergy (the “Referral Eligibility Requirements”).

Payments to Referring Customer: SmartEnergy will pay a referral bonus (currently Fifty Dollars ($50)) in the form Virtual Standard Open loop Mastercard® for each Referred Customer when all of the Referral Eligibility Requirements are met. The referral bonus will be processed within two to three business days after the Referral Eligibility Requirements are met and the Referring Customer redeems it.

Communications: All communications from SmartEnergy related to the Program are currently expected to be via email.

By participating in the Program, you consent to delivery of all Program-related notices and information by email, short message service (SMS) or 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.

Termination: 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. Termination of the Referring Customer’s participation in the Program due to a violation of the Terms or due to abuse, suspected fraud or unauthorized or illegal activity relating to the Program, whether directly or indirectly by a third party acting on behalf of the Referring Customer, may result in the cancellation of the account and rejection or forfeiture of any accrued referral bonuses. SmartEnergy also reserves the right to terminate the Program at any time at its sole discretion.

Other Terms, Conditions and Limitations:

• 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 Referral Eligibility Requirements are met.
• 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.