PLEASE READ THE FOLLOWING ENERGY OGRE REFER-A-FRIEND PROGRAM TERMS AND CONDITIONS ("PROGRAM TERMS") CAREFULLY BEFORE PARTICIPATING IN THE ENERGY OGRE REFER-A-FRIEND PROGRAM (THE "PROGRAM"). PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL PROGRAM TERMS.

Energy Ogre is pleased that you are participating in the Program. Your participation in and use of the Program is strictly subject to the Program Terms, and the Energy Ogre Privacy Policy. If you have any questions about these Program Terms, our Privacy Policy, or any other policies or terms applicable to your participation in the Program, please email us at membercare@energyogre.com.

Program Summary

Existing residential members of Energy Ogre and who are validly enrolled in and using Energy Ogre are eligible to participate in the Program. Energy Ogre will reward you through these options: credit to your Energy Ogre account or prepaid e-gift cards when you refer qualified new Energy Ogre members who become active Energy Ogre members, as further specified below.

How it Works

Share your unique referral code with friends and family, and once they've signed up with Energy Ogre and received two bills from the retail electricity provider we've selected (approximately 60 days), you will receive credit for the referral. Your unique referral code link is available to share via email or Facebook from our member portal. When your referrals click on your unique link, they will be sent to our savings calculator to enter their information and learn how much they can save. Alternatively, you can provide your unique referral code from the portal and simply have your friends sign up on their own using this code on our website. Your referrals will also receive their 13th month of Energy Ogre membership free for using your unique referral code. You will be able to view the number of referrals credited to you and choose how you would like to receive your incentive in the member portal.

Participant Acceptance; Termination

Energy Ogre or this Program reserve the right to delay, cancel, revoke, or prevent referral credits in any suspected case of fraudulent use or misuse of Energy Ogre services or this Program. This includes adding referral codes to coupon or promo code websites. Energy Ogre will make all determinations regarding participation in the Program. Energy Ogre reserves the right to terminate your participation in the Program or cancel the entire Program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Furthermore, all existing credits and rewards will become null and void immediately upon cancellation or deactivation of your Energy Ogre membership. Any written notices required or permitted to be given by Energy Ogre hereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered for your Energy Ogre membership and acknowledge that you have the necessary equipment (hardware and software) to receive and read such emails.

Qualified Referrals; Rewards

Qualified referrals must (i) be new customers to Energy Ogre: for purposes of the Program, "new customer" does not include either (1) a person who is a current or pending member of Energy Ogre or (2) a person who was an Energy Ogre member within the 90 days immediately prior to the date of enrollment with Energy Ogre; (ii) satisfy all Energy Ogre enrollment requirements; (iii) enroll with Energy Ogre online by linking to the Energy Ogre website through a personal link or promo code generated by the Energy Ogre Refer-a-Friend Program from your Energy Ogre (enrollments from personal links not generated through the Program are not eligible for awards); (iv) remain enrolled for at least 60 consecutive days; and (v) have "cookies" enabled on the computer from which the enrollment is executed. Eligible participants and qualified referrals will receive their reward for participation in the Program in the form of an Energy Ogre account credit or prepaid e-gift cards for the qualified referrals. The e-gift cards are redeemable after 20 points. The reward amount will be determined based upon Energy Ogre’s current offer at the time of the qualified referral's enrollment with Energy Ogre. Reward amounts will expire i) 365 days after credited to the referring member's account, or ii) upon membership termination by either the referring member or Energy Ogre. The amount Energy Ogre is offering may be changed by Energy Ogre at any time prior to enrollment of a qualified referral without notice to you or your referrals. The Energy Ogre Refer-a-Friend Program in your Energy Ogre Portal will contain up-to-date information regarding Energy Ogre’s then current offer. When you choose to redeem your reward, whichever option you choose, the reward will be executed within 2 to 6 weeks following Energy Ogre's determination that a qualified referral has met all requirements. Prepaid e-gift cards are subject to terms and conditions set by the issuer and may expire according to an expiration date located on the card. By participating in the Program, you agree that Energy Ogre shall make the final determination as to whether a person meets all requirements to be considered a qualified referral. Participants in the Program are limited to $599 in referral rewards and other incentives from Energy Ogre per calendar year, subject to submission of a completed W-9 form. If you could earn more than approximately $550 in referral rewards and other incentives from Energy Ogre, you may be required to complete a W-9 form to participate in the Program or, alternatively, you will be sent a W-9 form which you must complete and return to be eligible to receive rewards or incentives from Energy Ogre above the $599 cap per calendar year. You are solely responsible for any and all tax liability arising out of any rewards you are issued. If you are issued more than $599 in referral rewards and other incentives from Energy Ogre in a calendar year, Energy Ogre will issue a 1099-MISC form reporting the value of the rewards and incentives you received and you will receive a copy.
If you make an endorsement of Energy Ogre, you must clearly and conspicuously disclose the fact that you may receive an incentive for each successful referral. This is required under the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising and you can be held personally liable for failing to disclose that you may receive an incentive when making an endorsement, or if you make any false statements about Energy Ogre or its services. The personal links generated by the Program are not transferrable and are intended only for your personal use; you may not allow others to distribute such links on your behalf. You should only refer people whom you know personally. Failure to abide by these requirements may result in immediate termination of your participation in the Program and forfeiture of any of the Program rewards you may have received.

Program Use

Energy Ogre will provide you with access to the Portal, which you may use to track your referrals and rewards with respect thereto; provided that your use of the Portal is strictly subject to the Portal Terms. Energy Ogre will update the Portal with your account information periodically, and whether a particular referral is a qualified referral (indicating that an incentive will be issued). Energy Ogre is not obligated to, and will not, release to you the reasons why a particular referral has not been deemed a qualified referral.

CAN-SPAM Act Compliance

Energy Ogre complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving Energy Ogre marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving Energy Ogre marketing emails, you may be advised that the email address is not eligible to be sent an Energy Ogre Refer-a-Friend email.

Confidentiality

In connection with your participation in the Program, you may receive confidential and proprietary information of Energy Ogre, including sensitive customer data ("Information"). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program. Notwithstanding anything to the contrary contained herein, you agree that you will comply with the customer confidentiality provisions set forth in Rule 25.472 of the Public Utility Commission of Texas.

Independent Contractor Relationship

Your participation in the Program does not authorize you to act on Energy Ogre’s behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Energy Ogre. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that Energy Ogre is not directing how you perform your obligations hereunder.

Trademarks

Other than with respect to materials provided to in connection with your participation in the Program, your status as a participant in the Program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Energy Ogre.

Indemnification

By participating in the Program, you agree to and will indemnify and hold Energy Ogre harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Program Terms.

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. ENERGY OGRE THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ENERGY OGRE BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF ENERGY OGRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Amendments

These Program Terms may be altered, changed, modified or assigned by Energy Ogre at any time by providing notice to you. Your participation in the Program at any time after Energy Ogre provides you such notice of changes will constitute your agreement to such changes.

Other Terms and Conditions

These Program Terms are in addition to and do not in any way limit or alter Energy Ogre terms and conditions or agreements pursuant to which Energy Ogre allows you to participate in the Program and/or use the Energy Ogre Portal.

Acceptance and Jurisdiction

By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof.

General

You may not assign the right to participate in the Program to any other party. Energy Ogre may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. Energy Ogre 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 Energy Ogre. No delay or omission by Energy Ogre in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.