SolarCity Marketplace Referral Terms & Conditions 

1. Terms of Use

By accessing this web site, you (the, “Agent”) are bound by the terms and conditions set forth below for your participation in the RESAAS SolarCity Marketplace Referral Program (this, “Program”). This Agreement contains the terms and conditions on which RESAAS is willing to compensate your participation in this Program and you must accept these terms and conditions for participation in the Program. Your use of the Marketplace signifies your agreement to the terms and conditions of this Program.

If you do not agree to these terms and conditions, you may not refer individuals or businesses to SolarCity through this Program. 

2. Users

This program may be entered into by you, so long as you meet all of the following criteria: agent is (a) a real estate agent, broker or REALTOR operating your business in the USA (b) the age of majority in their region, and (c) a professional RESAAS user. Your use of this site and participation in this program are your representations that you satisfy these three requirements. Your are solely responsible for any and all activities relating to referring consumers or business owners through this program.

3. Program

RESAAS shall be responsible for paying you a referral fee for each referral you generate. SolarCity will not directly compensate you any referrals submitted through this program. You will ensure that you perform all of your obligations under this Agreement consistent with Prudent Industry Practices. “Prudent Industry Practices” means those practices, methods, standards, and acts (including those engaged in or approved by a significant portion of the solar PV distributed generation sales industry in the United States) that at a particular time in the exercise of good judgment, and in light of the facts known at the time the decision was made, would have been expected to accomplish the desired result in compliance with all the applicable laws and in a manner consistent with safety, environmental protection, economy, and expedition. You are responsible for compliance with any compensation disclosure requirements imposed by state or federal law. 

4. Definition of a Prospect: Referral

A “Prospect” is an individual that you believe is a bona fide prospect to purchase or finance a solar PV system (a “system”) from SolarCity. For each prospect, RESAAS shall obtain applicable referring Agent and shall provide the following information to RESAAS Marketplace vendor, SolarCity (and may provide such information each time contact with the prospect regarding purchase or finance of a system made): name, address, email, phone number, zip code, home ownership status and estimation of average monthly electric bill via referral form.1 (a “Referral”; the date such information is received by SolarCity being the “Referral Date”. All prospects shall be de-duplicated and spam filtered in accordance with SolarCity internal processes. 

5. Definition of a Qualifying Referral 

Each Prospect that (i) signs a contract to purchase or finance a solar system through SolarCity and (ii) has such system installed and interconnected shall be a “Qualifying Referral”. SolarCity shall promptly advise RESAAS, and RESAAS shall then promptly advise Agent in writing if:

a)   A Prospect is already a prospect of SolarCity as of the Referral Date,
b)   A Prospect is currently a client of SolarCity as of the Referral Date, or
c)   A Prospect was a client of SolarCity within six (6) month period prior to the Referral Date, or
d)   A Prospect was contacted by SolarCity within six (6) month period prior to the Referral Date. 

In such cases, such Referral shall not result in a referral fee.  

6. Referral Fee Activities; payment 

a.   Except as set forth in section 6(b) below, for each Qualifying Referral, Company shall pay to the Agent a referral fee (“Referral Fee”) as follows:

i.   $250.00 for each residential System; and
ii.  $500.00 for each commercial (small business) System

b.   The Referral Fee shall be paid to the Agent within 6-8 weeks of successful installation of the solar PV system by SolarCity. 

c.   Notwithstanding anything to the contrary, if prior to SolarCity commencing installation of the system for a Prospect, such Prospect (i) cancels, (ii) terminates or (iii) its account is given “inactive” status due to Prospect’s unresponsiveness, the Referral will be considered void and the Referral Fee shall not be payable. 

d.   No Payment obligation shall arise hereunder if the Prospect signs a contract more than six (6) months after the Referral Date. Each party acknowledges the importance of making and documenting the Referral Date as a determinant of payment rights and obligations. 

7. Amendment to user agreement

RESAAS reserves the right to amend this agreement at any time by posting the amended terms and conditions on this site. The amended terms and conditions will be effective on the date specified in the posting. Your use of site following the effectiveness of any notice of amendment will indicate your acceptance of the amended terms and conditions.

8. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia without regard to conflict of law or choice of law provisions and the courts of the Province of British Columbia shall have non-exclusive jurisdiction to determine any disputes, which may arise out of, under, or in connection with these terms and conditions. 

9. Indemnification

User shall indemnify, defend and hold harmless RESAAS and its officers, directors, employees, agents, successors and assigns against all losses arising out of or resulting from any third party claim, suit, action or proceeding related to or arising out of or resulting from User’s breach of any representation, warranty, covenant or obligation under this Agreement.

10. Entire Agreement

These terms and conditions and all materials incorporated by reference constitute the entire understanding between you and us with respect to your rights and obligations as a participant in the Program. If any provision of these terms and conditions is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. The failure by RESAAS to enforce any provision of these terms and conditions at any time is not a waiver of any provision or right.