Dommelvalley Green Power Solar Referral Program Agreement
Terms and Conditions

This Affiliate Service Agreement (the "Agreement") is made by and between Dommelvalley Green Power and you, as an Affiliate individual or group utilizing the Solar Referral Program.
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and submitting referrals. By checking the box, you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, you will not be a part of the affiliate referral program and will not be paid for your referrals.
The following agreement is summarized as follows:

• You must be 18 years of age to participate
• You must be a Canadian Citizen
• Dommelvalley Green Power may email you concerning any missing or erroneous contact information
• You will be paid your $1,000 incentive, at such time as the referral client's solar microFIT installation is completed
• Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services for the purpose of avoiding network demographics is NOT allowed.
• You agree not to hold Dommelvalley Green Power liable for anything
• Each participant will be required to pay taxes on all incentives, commissions, payouts or checks issued by Dommelvalley Green Power to you.
• You cannot SPAM. Dommelvalley Green Power will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, or Dommelvalley Green Power WILL terminate your account on the first offense;
• You CANNOT announce the offer or generate referrals publicly on your own without prior consent from Dommelvalley Green Power, using banners or links within your newsletters, blogs, in content of your website, or within other web related content such as social networking sites like Twitter, Facebook, Myspace and any other non-offensive, non-pornographic and non-hateful sites.
• Duplicate referrals will be handled as follows: The first person that submits the referral, based on the time stamp in our system, gets the credit for the sale and receives the $1,000 incentive. This also applies to referrals that are already logged in our system or are customers of Dommelvalley Green Power. Each referral must be generated outside the efforts of Dommelvalley Green Power.
• Your user I.D. is your email. Our system will not accept your referral if you mis-type your email. We are not responsible for any mis-typed information that you provide in your member registration form.
• Failure to abide by these rules could mean termination from the affiliate program with a complete forfeit of payout.

Privacy Policy
Dommelvalley Green Power respects the privacy of its users and will not disclose personal information to third parties without the express written permission of you. If you have any questions please contact info@dommelvalley.ca.

Definitions
"Payout" means the amount of sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action. In this case the payout is $1,000 for each referral, provided by you, that results in the sale and installation of a solar microFIT Electric system (residential or commercial).

Affiliate Payment
You will receive a Payout for providing referral leads that result in a signed contract and installation for a solar electric system installation. You must first be approved by Dommelvalley Green Power to become an Affiliate. You receive the Payout from Dommelvalley Green Power after the installation is completed.

Service and Support
Dommelvalley Green Power will provide support for the Service as indicated on the Dommelvalley Green Power Web sites and Terms of Service.

Email Contact
Dommelvalley Green Power reserves the right to send e-mail to you for the purposes of informing you of applicable changes or additions to the affiliate referral program.

Changes to the Service
Dommelvalley Green Power reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Dommelvalley Green Power will notify you via e-mail, newsletter or the Dommelvalley Green Power Web site at least 7 days prior to any such changes taking effect, at which time you may either agree to such changes or withdraw from the Service.

Registration
To sign up as an Affiliate of Dommelvalley Green Power and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid id, which may be your Drivers Licence Number or Passport for individuals.

Accepted Use
You represent to Dommelvalley Green Power that all content You provide to the Service is solely owned by You or provided by You with the express authority of the person or company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights, trademarks or copyrights) and is not defamatory, libellous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libellous, defamatory, obscene, pornographic, abusive, and fraudulent or violates any law. As Dommelvalley Green Power may not review all information provided by You, You shall remain solely responsible for your content and Web site
If you are terminated from the Service, Dommelvalley Green Power has the right to withhold money you earned within the Service and you will not be allowed to re-join Dommelvalley Green Power affiliate referral program.

Limitation of Liability
DOMMELVALLEY GREEN POWER OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE DOMMELVALLEY GREEN POWER SERVICE OR ANY INFORMATION PROVIDED ON THE DOMMELVALLEY GREEN POWER WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF DOMMELVALLEY GREEN POWER OR A DOMMELVALLEY GREEN POWER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DOMMELVALLEY GREEN POWER' LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Dommelvalley Green Power, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless Dommelvalley Green Power and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
Dommelvalley Green Power agrees to indemnify, defend, and hold harmless officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Dommelvalley Green Power' negligence or wilful misconduct in performance of the Services or its breach of this Agreement.

Non-Disclosure
Dommelvalley Green Power acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of you. Dommelvalley Green Power agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of Dommelvalley Green Power, that becomes available to Dommelvalley Green Power from third parties without knowledge by Dommelvalley Green Power of any breach of fiduciary duty, or that Dommelvalley Green Power had in its possession prior to the date of this Agreement. Dommelvalley Green Power does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on your own transaction reports. Any information Dommelvalley Green Power receives is used solely for tracking and Commission payment purposes. Dommelvalley Green Power reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Dommelvalley Green Power deems appropriate.

Ownership and Licenses
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use information received by you and only with prior consent from Dommelvalley Green Power provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of Dommelvalley Green Power, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain Dommelvalley Green Power’ sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to you in any way.
Dommelvalley Green Power may immediately terminate your license to use the marks if Dommelvalley Green Power reasonably believes that such use dilutes, tarnishes or blurs the value of its marks. You acknowledge that your use of the marks will not create in you, nor will you represent that you have, any right, title or interest in or to the marks other than the license granted by Dommelvalley Green Power above. You will not challenge the validity of or attempt to register any of the marks or your interest therein as a licensee, nor will you adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Dommelvalley Green Power’ ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Dommelvalley Green Power.

Non assignability
Dommelvalley Green Power may assign this Agreement to any successor upon notice to the other party.

Force Majeure
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
Jurisdictional Issues
This Agreement shall be governed by the laws of the Province of Ontario, Canada law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the Provincial and Federal courts in and for the Province of Ontario, Canada and you consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

Miscellaneous
This Agreement represents the complete agreement. THE ACCEPTANCE OF Dommelvalley Green Power’ SERVICE BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

Copyright 2010 Dommelvalley Green Power