THIS AGREEMENT IS EFFECTIVE UPON YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ, ACCEPT AND AGREE TO ADHERE TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
Referral Source may be in contact with residential homeowners with an interest in residential solar products. SMD (Solar MD Pty Ltd) is in the business of installing residential and commercial solar systems . SMD has agreed to offer certain referral fees to the Referral Source in exchange for qualified residential solar system leads.
In consideration of the foregoing, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Defined Terms.
“Countersigned” means a PPA that has been signed by a Homeowner that constitutes a Qualified Lead in accordance with the requirements of this Agreement, and is subsequently reviewed and signed by an authorized agent of SMD and is not subsequently cancelled or terminated.
“Homeowner” means person(s) who hold legal title to the Residence that is contained in a Lead.
“Interconnection” means the time at which SMD, in its sole and absolute discretion, turns on the System after SMD receives permission to operate the System from the local utility having jurisdiction over such System.
“Lead” means all of the following information of the owner of a Residence who has expressed an interest to the Referral Source in learning more about the installation of a System at such Residence: the full name, phone number, email address, and the street address of such Residence.
“Qualified Jurisdiction” means certain zip codes within states in which SMD offers residential solar products which shall be communicated to the Referral Source from time to time; provided that SMD reserves the right to amend the Qualified Jurisdiction without prior notice to the Referral Source.
“Residence” means a single family residence located in a Qualified Jurisdiction.
“Termination Date” means the one year anniversary of the Effective Date.
2. Referrals; Qualified Referral Fee.
(a) From time to time, the Referral Source may choose to transmit Leads to SMD (name, phone number, email address and address of Residence of the Homeowner).
(b) SMD shall contact the Homeowner to set up an in-person meeting (the “Site Visit”). Subject to the Homeowner’s cooperation, SMD, through its representative shall determine if (i) the Homeowner’s Residence is a single-family, owner-occupied residence, (ii) based on the estimated average monthly electric energy usage provided by the Homeowner as evidenced by recent electric utility bills, the estimated average monthly electric utility bill for such Residence is not less than R 200.00, (iii) the Homeowner satisfies SMD’s payment requirements as determined by it in its sole and absolute discretion, and (iv) a System can be installed on the Homeowner’s Residence in accordance with the applicable requirements and guidelines (including those of SMD and/or its installers) in effect from time to time. If a Site Visit occurs and clauses (i) and (iv) are determined to be true, the applicable Lead will be a “Qualified Lead”. SMD shall notify Referral Source if a Lead does or does not constitute a Qualified Lead within 10 calendar days (the “Qualified Lead Notice”).
(c) SMD shall pay the Referral Source up to R 1000.00 in the aggregate for each Qualified Lead in accordance with the payment milestones (the “Payment Milestones”) set forth below.
R 500.00 payable within 15 days following the end of the month upon which Countersignature occurs R 500.00 payable within 15 days following the end of the month upon which Commissioning occurs
(d) If any information regarding a Lead is reasonably determined by SMD in its sole discretion as having been previously received by SMD from any other source (including from internal SMD sales, marketing or lead generation efforts), SMD shall have no obligation to take any action with respect to such Lead and such Lead will not be deemed to be a Qualified Lead.
SMD reserves the right to amend the Agreement, its prices, and any aspect of the program in its sole and absolute discretion. Amendments shall be effective 7 days of posting on the Company’s official website. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. The acceptance of any benefits under the Agreement constitutes acceptance of all amendments.
4. Term; Termination
(a)This Agreement begins on the Effective Date and terminates on the Termination Date without further action by either Party.
(b)Either Party may terminate this Agreement at any time and for any reason or no reason upon written notice to the other Party.
5. Relationship of Parties; Expenses.
The Parties shall not be deemed in a relationship of partners or joint ventures by virtue of this Agreement, nor shall any Party be an agent, representative, employee, trustee or fiduciary of the other. Each Party shall be fully responsible for the expenses it incurs during the performance of this Agreement.