TEXAS Free Energy Club

Customer Referral Program Terms and Conditions

Texas FEC Términos y condiciones

Think Rewards, LLC (“Think Rewards” or “We”), on behalf of MI Texas REP 2, LLC d/b/a Think Energy (“Think Energy”), offers a customer referral program that gives participating customers of Think Energy (“Members”) the opportunity to earn monthly rebates on electricity supply charges for referring qualified customers to Think Energy or Energywell Community Solar, LLC d/b/a Think Community Solar (“Think Community Solar”) for enrollment. This customer referral program is intended for customers to share with their friends and family, and it is not, nor is it intended to be, a platform for customers to operate in any sales or marketing capacity on behalf of Think Energy or Think Community Solar.

These Terms and Conditions govern customers’ participation in the Free Energy Club Referral Program (“Program”). By participating in the Program, Members agree to use the Program in the manner specified in these Terms and Conditions and agree to be bound by all of the Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to participate in the Program in any other manner. Customers may not participate in the Program when doing so would be prohibited by any applicable law or regulations. Please read these Terms and Conditions carefully and, if you have any questions, please contact Think Energy Customer Service at 888-923-3633.

We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rebates are earned, including the amount of rebates available to be paid to customers through the Program. We reserve the right to disqualify any Members from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by law or regulation or otherwise required by Think Energy).

No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

I. Definitions

“Eligible Payment” means a payment for the Think Energy supply charges (not delivery charges or any other charges) on a customer’s electricity service invoice that is received by Think Energy and that is paid on-time and in full. For the avoidance of doubt, the following will not be an Eligible Payment: (a) a past due payment, even if paid in full; (b) a partial payment, even if paid on or prior to the due date; or (c) a payment received from a customer who is not in compliance with their Think Energy Terms & Conditions.

“Eligible Payment Amount” means for each Eligible Payment, the total amount related to the Think Energy electricity supply charges (not delivery charges or any other charges), received by Think Energy. For the avoidance of doubt, in markets where Think Energy collects payments on behalf of the utility, the Eligible Payment Amount excludes any monies collected on behalf of the utility or any third party.

“Energy Rebate” means a rebate payable to a Member by Think Rewards, calculated by multiplying a Member’s Rebate Percentage by the Member’s Eligible Payment Amount.

“Enrolled Customer” means (a) a customer who was sent a referral email and has enrolled with Think Energy but whose enrollment has not been accepted by the utility or (b) a customer who was sent a referral email, enrolled with Think Community Solar, has not had their enrollment information verified by Think Community Solar.

“Member” means a residential customer of Think Energy, LLC or a Place of Worship that is participating in the Think Rewards, LLC Free Energy Club Referral Program in accordance with these Terms and Conditions. Commercial customers are not eligible to participate in the Program. No other rights, benefits, or obligations are conferred by the use of the term “Member” beyond those explicitly set forth in these Terms and Conditions.

“Non-Qualified Customer” means a customer who has not met one or more of the criteria to be a Qualified Customer at any time. Once a customer becomes a Non-Qualified Customer, the customer will be subject to a 90-day review period prior to being eligible to become a Qualified Customer again.

“Not Enrolled Customer” means a customer who was sent a referral email but has not enrolled for a Think Service.

“Place of Worship” means an organization or entity that exists primarily for individuals or a group of people such as a congregation to perform acts of worship, devotion, veneration, or religious study (e.g., churches, synagogues, mosques, temples, etc.) and that is also a customer of Think Energy, LLC.

“Portal” means the Think Rewards Free Energy Club portal which Members use to make referrals to Think Energy and to obtain information regarding the Program.

“Program” means the Think Rewards, LLC Free Energy Club Customer Referral Program.

“Qualified Customer”: A Think Energy or Think Community Solar customer who has met the following criteria:

1. Customer was referred through the Free Energy Club Portal;
2. Customer has paid their most recent electricity or community solar bill in full and on-time (for the avoidance of doubt, the customer is eligible to be a Qualified Customer prior to paying their first electricity or community solar bill, but once the Customer begins to receive electricity or community solar service, the electricity or community solar bill must be paid in full and on-time to remain a Qualified Customer);
3. Customer is (a) enrolled with Think Energy, is scheduled to begin receiving or is receiving Think Energy Services and is in good standing with Think Energy under the customer Terms & Conditions, or (b) enrolled with Think Community Solar, has had all enrollment information verified by Think Community Solar, and is either (i) receiving Think Community Solar Services and is in good standing with Think Community Solar under the customer Terms & Conditions, or (ii) is waiting to be assigned to a community solar program and not more than six months have elapsed since the customer completed the Think Community Solar enrollment;
4. For Customers residing in Texas, the Customer is enrolled in autopay for their monthly Think Energy or Think Community Solar bill (for purposes of clarity, this criterion is only applicable to Customers residing in Texas that a Member wishes to have considered as a Qualified Customer);
5. Customer has not provided Think Energy or Think Community Solar with notice to terminate service;
6. Customer is not a net metered customer; and
7. Customer uses a minimum annual electricity usage of 3,600 kWhs (which will be initially determined by Think Energy or Think Community Solar based on historical electricity usage data provided by the utility and subject to reset from time-to-time based on actual customer electricity usage).

“Rebate Percentage” means a percentage of a Member’s Eligible Payment that is used to calculate a Member’s Energy Rebate. Rebate Percentages are determined based on the number of Qualified Customers that a Member has referred, in accordance with the chart below:

“Referral” means an individual that is a potential Think Energy or Think Community Solar customer who is referred to Think Energy or Think Community Solar by a Member through the Think Rewards Free Energy Club Portal.

“Think Services” or “Services” means the Think Electricity Supply Services generally sold by Think Energy and/or Think Community Solar Services sold by Think Community Solar.

“Virtual Payout System” means an integrated online service that enables you to order, view and manage electronic gift rewards.

II. How the Program Works

A. Program Participation, Generally

To participate in the Program, a Member must be enrolled with Think Energy and receiving Think Energy Services and agree to these Terms and Conditions.

Members must refer potential customers (“Referrals”) to Think Energy through the Free Energy Club Portal in order for those Referrals to become Qualified Customers. Members must follow the Free Energy Club Portal instructions to refer Referrals to the Program by entering their contact information in the relevant fields. Information about the status of Referrals will be available through your Free Energy Club Portal.

Think Rewards will make reasonable best efforts to keep the Portal accessible at all times, but does not guarantee continuous accessibility at all times due to maintenance, outages, or other issues that may affect access.

By participating in the Program, a Member represents that he or she has the Referrals’ prior consent to provide their contact information.

Members must respect the spirit and intent of the Program by only referring individuals who are 18 years of age or older who are reasonably expected to meet the qualifications for enrollment with Think Energy

The Free Energy Club relies on digital and online communications exclusively. Members agree to receive emails, text messages, and other forms of digital and online communication from Think Rewards or Think Energy in order to participate in the Program.

All communication and product information sent to potential referrals shall occur through the Free Energy Club Portal. Members are not permitted to perform any sales or marketing activities to potential referrals on behalf of Think Energy or Think Community Solar.

B. Earning Energy Rebates

Members will receive Energy Rebates on each of Member’s Eligible Payments received by Think Energy for Member’s own Think Energy Services.

A Member must refer a minimum of three (3) Qualified Customers in order to receive Energy Rebates.

Each time an Eligible Payment is received from a Member, Think Rewards will calculate the number of Qualified Customers the Member has referred to determine Member’s Rebate Percentage. Think Rewards will then multiply Member’s Rebate Percentage by Member’s Eligible Payment Amount to calculate Member’s Energy Rebate.

Energy Rebates will be paid to Members within five (5) business days of the receipt of each Eligible Payment. All payments to Members will be deposited into each Member’s virtual “bank,” which is accessible through the Free Energy Club Portal. Members may then redeem amounts in their virtual “bank” via Think Rewards’ Virtual Payout System. Members may redeem amounts in their virtual “bank” in defined dollar increments, with no limit to the number of redemptions that can be made on any given day.

C. Limitations on Energy Rebates

Commercial customers of Think Energy are not eligible to be Members and are not eligible to earn Energy Rebates.

In any twelve-month period, the maximum Energy Rebates a Member may receive is $2,000.

III. Privacy

Members participate in the Program in order to introduce Referrals to Think Energy or Think Community Solar as potential new Think Energy or Think Community Solar customers. To do this, Members must necessarily submit personal information about themselves and their Referrals, such as name and e-mail address information, so that Think Energy can send communications to the Referrals. Personal information will be collected, processed and used in accordance with Think Energy’s Privacy Policy, which can be found at www.thinkenergy.com/terms. Members understand that, in addition to the initial communications to Referrals, Think Energy may also use the personal information to send to Referrals additional follow-up communications in connection with the Program and Think Energy’s or Think Community Solar’s Services.

IV. Prohibited Conduct

A. Members agree not to use the Program to:

1. Violate applicable law;
2. Infringe the intellectual property rights of Think Rewards, Think Energy, Think Community Solar, or any third parties;
3. Stalk, harass, or harm another individual;
4. Collect or store personal data about other Members;
5. Impersonate any person or otherwise misrepresent Member’s identity;
6. Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
7. Interfere with another Member’s use of the Program;
8. Perform any cold marketing activities on behalf of Think Energy or Think Community Solar, such as cold calling, cold emailing, door-to-door marketing, or any other marketing tactic where a Member does not already know the target of a communication (for the avoidance of doubt, inputting the names and email addresses of potential referrals is expressly permitted and does not itself qualify as prohibited conduct under this section);
9. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
10. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
11. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
12. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

B. Bulk Distribution (“Spam”)

1. The Free Energy Club Portal does not enable a Member to send personal or customized emails or other content to a potential referral. Sending personal or customized emails or other content to a potential referral – through the Free Energy Club Portal or otherwise – is strictly prohibited. Think Rewards reserves the right to prohibit a Member’s use of the Program if a Member is found to violate this provision.
2. Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Think Rewards’ sole discretion is expressly prohibited and may be grounds for immediate termination of the Member’s participation in the Program. Think Rewards has a no-tolerance spam policy.
3. Members who do not comply with the law, including antispam laws, are obligated to indemnify Think Rewards, Think Energy, Think Community Solar, and all of the Released Parties against any liabilities, costs and expenses incurred as a result of such violation.

C. Fraudulent and Suspicious Behavior

1. Think Rewards may prohibit a Member from participating in the Program or receiving an Energy Rebate if, in Think Rewards’ sole discretion, if Think Rewards determines that such Member 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 Members or any representatives of Think Rewards or Think Energy.
2. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
3. Members may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive an Energy Rebate. Think Rewards reserves the right to restrict the use of certain email domains if Think Rewards reasonably believes that such domains are being used for fraudulent purposes.
4. Think Rewards reserves the right to disqualify any Member and/or cancel any Energy Rebate(s) if Think Rewards finds a Member to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
5. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THINK ENERGY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

V. Other Terms and Conditions

A. Members agree to be bound by these Terms and Conditions, the terms and conditions of their Think Energy and/or Think Community Solar Services enrollment materials and customer terms of service, Think Energy’s and/or Think Community Solar’s Privacy Policy, Think Energy’s and/or Think Community Solar’s Communication Policy, and the decisions of Think Rewards and its designee, all of which are applicable to the Program and incorporated herein.

B. Multiple Accounts: If a Member has multiple accounts with Think Energy, any Energy Rebates earned by the Member will be allocated to and considered in connection with the Member’s Think Energy account that first became active.

C. Transfer of Benefits: If a Member moves from their current residence or place of business to another location that is within the territory served by Think Energy, Member will be permitted to transfer any benefits that the Member enjoys under the Program to the new location. If a Member moves from their current residence or place of business to another location that is outside the territory served by Think Energy, Member will not be permitted to transfer any benefits that the Member enjoys under the Program to the new location. Members are not permitted to transfer the benefits they enjoy under the Program to any other person or business.

D. Think Rewards’ Free Energy Club Portal and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between Members and either Think Rewards or Think Energy, all Content is the property of either Think Rewards or Think Energy or their licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Think Rewards’ or Think Energy’s online platform or the Program is the exclusive property of either Think Rewards or Think Energy and is protected by copyright, trademark, and other laws. Members have no license or right to use any of the Content other than by accessing the Portal to input names and email addresses of potential referrals.

E. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial. Any and all disputes, claims and causes of action arising out of or related to the Program or any Energy Rebate awarded pursuant to the Program or to this agreement shall be resolved under laws of the jurisdiction stated in your Think Energy Terms and Conditions or Terms of Service (without reference to its conflicts of laws principles) and will be subject to the Think Energy Arbitration and Class Action Waiver, which is available at www.thinkenergy.com/terms.

F. The failure of Think Rewards to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Think Rewards and Members nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.

G. Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.

H. Think Rewards does not accept or consider creative ideas, suggestions, inventions, or materials (“Creative Ideas”) other than those which we have specifically requested. If you send Think Rewards Creative Ideas, Think Rewards shall own, exclusively, all now known or later discovered rights to the Creative Ideas; shall not be liable for any use or disclosure of any Creative Ideas; and shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.