The EnerBank Contractor Referral Program (“Program”) offered by EnerBank USA (“EnerBank”) has been created to reward individuals or entities (“you” or “Referrer”) for referring home improvement contractors not currently participating in an EnerBank Consumer Loan Program (“Loan Program”) to EnerBank.
The following Program Terms and Conditions (“Terms and Conditions”) contain important information about the Program, so please read them carefully. These Terms and Conditions are a binding agreement between you and EnerBank and will govern your participation in any and all Program offers. You are not authorized to participate in the Program if you do not agree to these Terms and Conditions in their entirety.
As a reward, EnerBank will give four hundred fifty dollars ($450.00) (the “Incentive”) to any Referrer who refers a qualified referral (“Qualified Referral”) to EnerBank which subsequently activates within a non-sponsored loan program.Referrer - A Referrer Must:
EnerBank may delay an Incentive for the purposes of investigation. EnerBank may also refuse to process and pay an Incentive, in its sole discretion, if it deems it to be fraudulent, suspicious, in violation of the Terms and Conditions, or believes will impose potential liability on EnerBank, its affiliate or any of their respective officers, directors, employees, and representatives. All of EnerBank’s decisions are final and binding.
EnerBank may prohibit a Referrer from participating in the Program or receiving an Incentive, in its sole discretion, if it determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other representatives of EnerBank.
By participating in the Program, you agree to release, discharge, indemnify and hold harmless EnerBank, its affiliates, and their respective officers, directors, and employees from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Incentive attained through the Program.
Except where prohibited, all questions, issues, claims and causes of action arising out of or related to the Program or any incentive awarded shall be resolved under Utah law (exclusive of principles of conflicts of laws).
WARRANTY DISCLAIMER OF WARRANTIES. . YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAIL- ABLE” BASIS AND ENERBANK EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES CONTEMPLATED BY THIS AGREEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PUR- POSE, AND NON-INFRINGEMENT; (B) ENERBANK MAKES AND GIVES NO WARRANTY THAT THE PROGRAM WILL (I) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHER- WISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERI- AL.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENERBANK SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE (EVEN IF ENERBANK WAS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES). THE PARTIES ACKNOWLEDGE AND ACCEPT THE REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABLITY SET FORTH IN THIS PROVISION. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE BANK’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $450.
By participating in the Program, you agree, affirm and represent that you have read and understand and will comply with the Terms and Conditions. If you have any questions about the Program, please email EnerBank at email@example.com or call us at 888.390.1220, option 2