Please read the following ComEd Hourly Pricing Refer a Friend Program terms and conditions (these “Program Terms”) carefully before participating in The ComEd Hourly Pricing Refer a Friend Program (the “Program”). In these Program Terms the words “you” and “your” mean the person or entity who participates in the Program. Participation in the Program constitutes your acceptance of these Program Terms. Any reference herein to ComEd will, as applicable, be deemed to include Elevate Energy, which is the Program administrator or any subsequent Program administrator and its employees, officers, directors, agents and/or contractors.
Existing residential electricity customers of ComEd whose electricity accounts are in good standing and who are validly enrolled in and using ComEd My Account are eligible to participate in the Program. Employees and agents of Exelon Corporation, or any of its subsidiary or affiliate companies, agencies and contractors, and members of such employees’ and agents’ immediate families (spouse, life partner, parent, child, sibling, and their respective spouses) and individuals living in the same household with such employees or agents are not eligible to participate in the Program. Subject to these Program Terms, you will be compensated for each qualified referral you make to ComEd that results in a new active ComEd Hourly Pricing program customer as further specified herein. You agree not to engage in any misleading, deceptive, annoying, or harassing practices with respect to referrals (including, without limitation, creating the impression that you are not benefitting from the friend’s participation in this Program).
Participant Acceptance; Termination
ComEd will make all determinations regarding participation in the Program. ComEd reserves the right to terminate your participation in the Program or cancel the entire Program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted to be given by ComEd 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 ComEd My Account and acknowledge that you have the necessary equipment (hardware and software) to receive and read such emails.
Qualified Referrals; Payment
Qualified referrals must (i) be new customers to The ComEd Hourly Pricing program, meaning the customer is not (1) a current or pending residential electricity customer of The ComEd Hourly Pricing program or (2) a person who was a residential electricity customer of The ComEd Hourly Pricing program within the 30 days immediately prior to the date a ComEd Referral Program email invitation was generated by The ComEd Referral Program to that person;(ii) satisfy all ComEd enrollment requirements; (iii); and have “cookies” enabled on the computer from which the enrollment is executed. Eligible participants will be issued a gift card for each qualified referral. Each qualified referral will also be issued a gift card. The amount of such gift card will be determined based upon ComEd’s current offer at the time of the applicable qualified referral’s enrollment with ComEd. Gift cards will be issued by Tango Card, Inc. and are subject to separate terms and conditions which will be provided with each gift card. You can learn more at tangocard.com. The incentive amount ComEd is offering may be increased or decreased by ComEd at any time prior to enrollment of a qualified referral without notice to you or your referrals. The ComEd Refer a Friend Program page in ComEd My Account will contain up-to-date information regarding ComEd’s then-current offered incentive amount. Such incentive will be paid as soon as practicable following ComEd’s determination that a qualified referral has met all requirements. By participating in the Program, you agree that ComEd shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. Payment of all federal, state and local taxes on any incentive paid to you in connection with the Program will be your sole responsibility including, without limitation, taxes on any bill credit earned through the ComEd Refer a Friend Program as well as any other bill credit or monetary reward earned through any ComEd special customer promotion during the applicable calendar year. You will be required to complete and submit an IRS Form W-9 with your Social Security number or the equivalent for receipt of any incentive valued at $600 or more cumulatively in any calendar year. ComEd may withhold payment or credit of any incentive in excess of $600 during any calendar year until you provide a completed IRS Form W-9. Failure to submit a complete and correct W-9 or any other requested documentation reasonably requested within the timeframe provided will result in forfeiture of any earned and/or further incentive in excess of $600 during the applicable calendar year.
You agree that you will only refer friends whose permission you have to refer, and who are 18 years of age or older. You agree that you will not use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program as determined by ComEd in its discretion. Upon request, ComEd will provide you with a list of your referrals and whether an incentive has been paid; provided, that your use of any such list will be limited to determining or confirming any incentive paid or due to you. ComEd will update the Program with your account information periodically. ComEd 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
ComEd complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving ComEd marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving ComEd marketing emails, you will be advised that the email address is not eligible to be sent a ComEd Refer a Friend Program email.
In connection with your participation in the Program, you may receive confidential and proprietary information of ComEd, including sensitive customer data (“Information”). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program. Notwithstanding anything to the contrary contained herein, you agree that you will comply with the customer confidentiality provisions set forth in, and all other provisions of, all applicable laws, statutes and regulations.
Independent Contractor Relationship
Your participation in the Program does not authorize you to act on ComEd’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 ComEd, 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 ComEd is not directing how you perform your obligations hereunder.
Other than with respect to materials provided to 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 ComEd, its parent or their respective affiliates.
By participating in the Program, you agree to and will indemnify and hold ComEd, its parent and 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.
Warranty Disclaimers; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER COMED, ITS PARENT NOR ANY OF THEIR RESPECTIVE AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COMED, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF COMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Program Terms may be altered, changed, modified or assigned by ComEd at any time by providing notice to you. Your participation in the Program at any time after ComEd provides you such notice of changes will constitute your agreement to such changes.
Other Terms and Conditions
Acceptance and Jurisdiction
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of Illinois without regard to the conflict or choice of law rules thereof. The federal and state courts located in Cook County, Chicago, Illinois shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the Program you consent to same.
You may not assign the right to participate in the Program to any other party. ComEd may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. ComEd shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of ComEd. No delay or omission by ComEd in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
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FTC 16 CFR Part 255 Compliance