Brilliant Energy, LLC Referral Program

BEFORE PARTICIPATING IN THE BRILLIANT ENERGY, LLC (“BRILLIANT ENERGY”) REFERRAL PROGRAM ("PROGRAM"), PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS ("TERMS AND CONDITIONS"). PARTICIPATION IN THE PROGRAM IS SUBJECT STRICTLY TO THESE TERMS AND CONDITIONS AND ANY OTHER

AGREEMENT(S) BETWEEN YOU AND BRILLIANT ENERGY, INCLUDING, BUT NOT LIMITED TO, ANY OTHER TERMS AND CONDITIONS, TERMS OF SERVICE, TERMS OF USE, AND PRIVACY POLICY.  BY PARTICIPATING OR ATTEMPTING TO PARTICIPATE IN THE PROGRAM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND TO RECEIVE VIA E-MAIL ANY AND ALL NOTICES AND OTHER COMMUNICATIONS CONCERNING THE PROGRAM.

Program Eligibility

The Program is made available only to existing residential retail electric customers of Brilliant Energy whose electricity accounts are in good standing.  If you are not an existing residential electric customer of Brilliant Energy or your account with Brilliant Energy is not in good standing, you are not eligible to participate in the Program.  Your participation and continued participation in the Program are subject to Brilliant Energy’s sole, exclusive, and unfettered discretion.

Brilliant Energy may terminate your participation in the Program or cancel the Program in its entirety at any time and for any reason, including for no reason.  You may not receive advanced notice of and may not receive any notice of Brilliant Energy’s termination of your participation in the Program or cancellation of the Program.

Qualified Referrals

As further provided for herein, for each qualified referral received by and successfully enrolled with Brilliant Energy, you will be compensated with a bill credit.  In order for a referral to be a “qualified referral,” the referred customer must: (i) be a new residential customer to Brilliant Energy who has not yet submitted a switch, self-selected switch, move-in, or priority move-in request for service with Brilliant Energy; (ii) satisfy all Brilliant Energy enrollment, credit, and deposit requirements; (iii) enroll with Brilliant Energy online through Brilliant Energy’s website; (iv) provide your name as the “Referring Customer.”

The amount of each bill credit will be determined consistent with Brilliant Energy’s current Program offer at the time of the applicable qualified referral's enrollment with Brilliant Energy. Bill credit amounts offered by Brilliant Energy may be changed from time to time and at any time by Brilliant Energy, at its sole, exclusive, and unfettered discretion, with or without notice to you.  You may visit Brilliant Energy’s website at www.brilliantenergy.com or otherwise contact Brilliant Energy to obtain information about the most current bill credit amount being offered in connection with the Program.  Bill credits will be applied only after Brilliant Energy has confirmed that a referral is a qualified referral, and the credit will be applied to your bill as soon as practicable by Brilliant Energy. Credits in excess of actual charges are not redeemable for cash or a cash equivalent.

Brilliant Energy, at its sole, exclusive, and unfettered discretion, shall make all determinations as to whether any referral is a qualified referral and any credit is payable, and all such determinations shall be final.  Brilliant Energy is not obligated to, and will not under any circumstances, release or otherwise disclose to you the reasons for determinations made by Brilliant Energy with respect to any particular referral or referrals. Credits provided by Brilliant Energy under the Program, together with any other credits provided to you by Brilliant Energy, shall be limited to an amount not to exceed the total amounts you were or would be expected to be charged for electricity during a 12-month period or a period equal to the term of your fixed rate contract with Brilliant Energy if the length of such term is fewer than 12 months.

Confidentiality

Participation in the Program may require or result in your receipt of confidential and proprietary information of Brilliant Energy, including trademarks, service marks, copyrighted materials, patents, names, logos, other intellectual property, or other proprietary customer information ("Confidential Information").  You agree to maintain all of such Confidential Information in strict confidence and agree to not use the Confidential Information for any purpose. Notwithstanding anything to the contrary contained herein, you agree to comply fully with the customer confidentiality provisions set forth in P.U.C. Subst. R. 25.472 of the Public Utility Commission of Texas. 

Independent Contractor Relationship

Your participation in the Program does not authorize you to act in any capacity on Brilliant Energy’s behalf or on behalf of Brilliant Energy’s current and future parent companies, subsidiaries, affiliates, and their respective directors, officers, managers, shareholders, employees, agents, and representatives.  Nothing herein is intended nor shall anything herein be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Brilliant Energy, its parent companies, subsidiaries, or their respective affiliates.  By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that Brilliant Energy is not directing you in any way regarding your performance of your obligations hereunder.

Indemnification

By participating in the Program, you agree to indemnify, defend, and otherwise hold harmless Brilliant Energy, including, but not limited to, Brilliant Energy’s current and future parent companies, subsidiaries, affiliates, and their respective directors, officers, managers, shareholders, employees, agents, and representatives, from any and all claims, suits, actions, judgments, losses, damages, demands, and liability of any and all kinds and without regard to foreseeability, including, but not limited to, injury or death of persons or injury to property or indirect, special, incidental, exemplary, consequential, punitive or other damages, whether sounding in contract, tort, statute, equity, or otherwise, that are suffered or caused by you and/or another and that arise from or are related in any way to your participation or attempted participation in the Program.

Warranty Disclaimers; Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK.  THE PROGRAM IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  ANY AND ALL WARRANTIES ARE HEREBY DISCLAIMED EXPRESSLY, WHETHER EXPRESS OR IMPLIED AND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  You agree to release from liability, covenant not to sue, and otherwise hold harmless Brilliant Energy, including, but not limited to, Brilliant Energy’s current and future parent companies, subsidiaries, affiliates, and their respective directors, officers, managers, shareholders, employees, agents, and representatives, from any and all claims, suits, actions, judgments, losses, damages, demands, and liability of any and all kinds and without regard to foreseeability, including, but not limited to, injury or death of persons or injury to property or indirect, special, incidental, exemplary, consequential, punitive or other damages, whether sounding in contract, tort, statute, equity, or otherwise, that are suffered or caused by you and/or another and that arise from or are related in any way to your participation or attempted participation in the Program.

Other Terms & Conditions

These Program Terms are in addition to and do not in any way limit or alter any other agreement(s) between you and Brilliant Energy. The Program and/or these Program Terms may be altered, changed, modified, or assigned by Brilliant Energy at any time without advance notice to you, and your participation and/or continued participation in the Program at any time after Brilliant Energy provides you notice of such changes will constitute your agreement to such changes.  You may not assign to any other party your rights, duties, or obligations hereunder.  These Program Terms shall be governed in all respects by the laws of the State of Texas without regard to the conflict or choice of law rules thereof. 

The federal and state courts located in Harris County, Texas, shall have exclusive jurisdiction over any dispute arising hereunder or in any way related hereto, and by participating in the Program you consent to such jurisdiction.  Brilliant Energy may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. Brilliant Energy shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of Brilliant Energy.  No waiver by Brilliant Energy of any right or remedy hereunder shall operate as or give any expectation to a future waiver, whether of a like or different character.