Last Updated: August 26, 2022
Thank you for your interest in OhmConnect’s Referral Program, which rewards you for referring new members who join OhmConnect’s demand response program. These Terms and Conditions (“Terms”) govern your participation in the Referral Program and are a binding agreement between you and OhmConnect, Inc. and its applicable affiliates (together with its successors and assigns, “OhmConnect,” “we” and “us”) and are effective until your participation in the Referral Program terminates.
BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS INCLUDING ANY UPDATES TO THE TERMS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE REFERRAL PROGRAM, AND YOU MUST IMMEDIATELY DISCONTINUE ANY AND ALL PARTICIPATION IN THE REFERRAL PROGRAM, INCLUDING ANY LINKS PROVIDED TO YOU.
CHANGES TO THE TERMS: We may change these Terms on a going-forward basis at any time and in our sole discretion. For a material change to the Terms applicable to you, our notice to you may include sending a message to the email address you provided to us and/or notice through the Referral Program dashboard. We also will update the “Last Updated” date at the top of these Terms when we make changes. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Referral Program.
Your continued participation in the Referral Program following any changes to these Terms will constitute your acceptance of those changes. If you do not agree to the revised Terms, you must stop participating in the Referral Program.Your participation in the Referral Program includes compliance with the general terms of service for OhmConnect’s demand response program, which can be found here (“General Terms of Service”), and which are incorporated by this reference.
(a) If you choose to participate in the Referral Program, we will issue rewards or credits to you for each “Qualified Referral,” which is defined as an eligible new OhmConnect member who (i) successfully creates an OhmConnect account and enrolls in our demand response program as described in our General Terms of Service and (ii) does so within 90 days of clicking on the unique link they received from you (the “Referral Link”).
(b) A new member is considered to be a Qualified Referral by meeting all of the following conditions for the state in which the new member’s electric utility account is located:
(ii) New York:
(c) Referral rewards or credits typically will be issued to your OhmConnect account within 7 business days of a Qualified Referral. If a Qualified Referral received referral links from multiple OhmConnect members, only the member associated with the last referral link received by the Qualified Referral will receive a referral award or credit. If you receive referral rewards or credits that can be redeemed for cash via PayPal, you may cash out your rewards or credit via PayPal to a third party provided, however, that OhmConnect has no responsibility or liability for such cash outs and you must have all necessary rights with PayPal and/or any relevant third party to effectuate such cash out.
(d) Referral rewards or credits are non-transferable and non-refundable. OhmConnect will determine the type and amount of rewards or credits. Rewards and credits are subject to availability. All determinations regarding entitlement to rewards and credits will be made by OhmConnect in its sole discretion.
(e) You must be an OhmConnect member throughout the time you are participating in the Referral Program. To receive your referral reward or credit, you must have an OhmConnect account on the date the reward or credit is to be provided.
(a) Referrals by, or new accounts created by, any non-human or fraudulent method or actor, including any “bot” or automated program, are not valid and will not constitute Qualified Referrals or count toward rewards or credits.
(b) You may not use advertising commonly referred to as "spamming" and other generally prohibited forms of advertising including the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups. Cross-posting to multiple newsgroups at once or posting to groups or individuals in violation of an acceptable use policy or group rules is prohibited.
(c) You may use paid media, such as banner advertisements, sponsored search results, and billboards, only if they: (i) contain accurate, up-to-date information about OhmConnect’s Referral Program, (ii) meet all applicable laws including advertising and regulatory laws, (iii) do not compete with OhmConnect’s marketing or cause confusion for potential members, and (iv) uphold the integrity of OhmConnect’s brand as determined by us in our sole discretion.
(d) You may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to individuals to promote OhmConnect so long as the recipients have the option to remove themselves from future mailings. You must always clearly represent yourself as independent from OhmConnect.
(e) You may not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by these Terms.
(f) You may not promote OhmConnect on any website or in connection with any material that:
(g) We may monitor your distribution of the Referral Link and promotion of OhmConnect, including but not limited to, in order to ensure that you maintain accurate content and brand representation and to verify compliance with these Terms. You agree that, upon request from OhmConnect, you will immediately remove any referrals and content (including those in paid media) that do not comply with these Terms.
(a) It is solely your responsibility to follow all applicable intellectual property, privacy and other laws that pertain to your participation in the Referral Program or refer to OhmConnect. Any referred members are OhmConnect’s (not your) customers. You have no rights to any information, data, or other benefit (except as expressly set forth in these Terms) arising out of such member’s use of OhmConnect’s services.
(b) It is your responsibility to determine what, if any, taxes or other legal obligations apply to your participation in the Referral Program and the rewards and credits you receive. It is solely your responsibility to assess, report and remit the correct taxes, fees or payments to the appropriate authority or entity. OhmConnect is not responsible for determining whether any taxes, fees or payments apply to your participation including your rewards and credits, or for calculating, reporting or remitting taxes, fees or payments.
(c) You are solely responsible for purchasing, maintaining and using at your own expense all utility, Wi-Fi, access to the internet, communications and other equipment and devices necessary to participate in the Referral Program.
(d) You agree that you are an independent contractor, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and OhmConnect. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or any other of your website or otherwise, that reasonably would contradict anything in this Section.
(d) The Referral Program is void where prohibited or restricted.
Use of automated, robotic, programmed and like methods of online participation are prohibited. Persons who tamper with or abuse any aspect of the Referral Program, as determined by OhmConnect in its sole discretion, will be disqualified. If you use fraud or otherwise abuse the Referral Program, you will forfeit any and all rewards or credits received as part of a Referral Program and OhmConnect may suspend or terminate your participation in the Referral Program or in any other OhmConnect services or programs. OhmConnect may also prosecute you to the full extent of the law.
(a) You may end your participation in the Referral Program at any time. OhmConnect reserves the right to terminate these Terms and your participation in the Referral Program immediately and without notice to you should you breach these Terms. If such breach is detected, OhmConnect shall not be obligated to issue or honor any rewards or credits issued to you as a result of such breaching activity.
(b) Subject to Section 4 and Section 5(a), if you disenroll from the Referral Program and/or terminate your OhmConnect account or if the Referral Program is terminated, you may request a cash out of any Referral Program rewards or credits that have been awarded to you.
If you have any questions, please contact OhmConnect at OhmConnect, Inc., 371 3rd Street, 2nd Floor, Oakland, CA 94607.