First Choice Power Refer-a-Friend Terms and Conditions

Terms and Conditions

Participation in and use of the First Choice Power Refer-a-Friend program ("The Program") is subject to the following Terms and Conditions ("Program Terms.") The Program pertains specifically to current First Choice Power residential customers ("Participant(s)") referring other residential customers ("Customer(s)") in the USA where electricity competition is available and where First Choice Power offers residential electricity service. If you have any questions about the Program Terms or any other policies or terms applicable to your involvement in the Program, please e-mail First Choice Power at CustomerService@FirstChoicePower.com .

Participants in the Refer-a-Friend Program

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 account with First Choice Power, be current on all payments and be validly enrolled in and using their First Choice Power Online Account Manager. First Choice Power reserves the right to terminate a Participants participation in the Program or cancel the Program at any time for any reason or no reason, to the extent permitted by law, upon written notice to Participants. Any written notices required or permitted to be given by First Choice Power hereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered for your First Choice Power Online Account Manager and acknowledge that you have the necessary equipment (hardware and software) to receive and read such emails.

Qualified Referrals and Rewards

For purposes of the Program, a qualified referral must be a new First Choice Power customer. New customer is defined as someone that is neither 1) a current or pending residential electricity customer of First Choice Power or 2)a person who was a residential electricity customer of First Choice Power within 90 days prior to the date of enrollment with First Choice Power. In addition, a qualified referral must satisfy all First Choice Power enrollment requirements including; a)enroll with First Choice Power and provide a valid Referral ID in the Referral ID field within the online enrollment or advising the Call Center agent of the Referral ID when enrolling over the phone b)remain a First Choice Power customer in good standing for at least 90 consecutive days and make 3 consecutive, on time bill payments to First choice Power. Eligible participants and qualified referrals that are residents of Texas will receive their reward for participation in the Program in the form of a First Choice Power bill credit. Eligible participants and qualified referrals that are residents of deregulated states within the 48 contiguous US, excluding Texas, will receive their reward for participation in the Program in the form of a gift card. The reward amount of such bill credit or gift card will be determined based upon First Choice Power's current offer at the time of the qualified referral's enrollment with First Choice Power. The amount First Choice Power is offering may be changed by First Choice Power at any time prior to enrollment of a qualified referral without notice to you or your referrals. The First Choice Power Refer-a-Friend Program page in the First Power's current offer. Gift cards are subject to terms and conditions set by the issuer and may expire according to an expiration date located on the card. By participating in the Program, you agree that First Choice Power shall make the final determination as to whether a person meets all requirements to be considered a Qualified Referral. Bill Credits earned by residents of Texas shall only be applied to the kWh usage portion of the Participants First Choice Power electricity bill. Program bill credits shall not be applied to amounts owed on applicable taxes and/or fees portion of the bill. Residents of deregulated states other than Texas are limited to $599 in gift card referral rewards and other incentives from First Choice Power per calendar year before being subject to submission of a completed W-9 form. Once a Participant earns approximately $550 per calendar year, First Choice Power will required Participant to complete and return a W-9 form before allowing them to continue their participation in the Program. Participants are solely responsible for any and all tax liability arising out of any rewards issued. If a Participant is issued more than $599 in gift cards through the Program in a calendar year, First Choice Power will issue a 1099-MISC form reporting the value of the rewards and incentives received and Participant will receive a copy.

Program Use

First Choice Power will provide you with access to the Program, which you may use to track your referrals and rewards with respect thereto; provided that your use of the Program is strictly subject to the Program Terms. First Choice Power is not obligated to, and will not, release to you the reasons why a particular referral has not been deemed a qualified referral.

CAN-SPAM Act Compliance

First Choice Power complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving First Choice Power marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving First Choice Power marketing emails, you may be advised that the email address is not eligible to be sent a First Choice Power Refer-a-Friend email.

Confidentiality

Notwithstanding anything to the contrary contained herein, you agree that you will comply with the customer confidentiality provisions set forth in Rule 25.472 of the Public Utility Commission of Texas.

Independent Contractor Relationship

Your participation in the Program does not authorize you to act on First Choice Power'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 First Choice Power, 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 First Choice Power is not directing how you perform your obligations hereunder.

Trademarks

Other than with respect to materials provided in connection with your participation in the Program, 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 First Choice Power, its parent or each of their respective affiliates.

Indemnification

By participating in the Program, you agree to and will indemnify and hold Direct Energy, its parent and each of 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.

Amendments

These Program Terms may be altered, changed, modified or assigned by First Choice Power at any time by providing notice to you. Your participation in the Program at any time after First Choice Power provides you such notice of changes will constitute your agreement to such changes.

Other Terms and Conditions

These Program Terms are in addition to and do not in any way limit or alter First Choice Power Online Account Manager terms other terms and conditions or agreements pursuant to which First Choice Power allows you to participate in the Program and/or use First Choice Power Online Account Manager.