Freedom Solar PowerPros Program Terms and Conditions

These Freedom Solar PowerPros Program Terms and Conditions (this “Agreement”) are a legally binding agreement between each entity (“You” or “Your”) participating in the Freedom Solar PowerPros Program (the “Program”) and Freedom Solar LLC, a Texas limited liability company with its corporate headquarters at 4801 Freidrich Ln, Suite 100, Austin, Texas 78744 (“Freedom Solar”), and govern Your participation in the Program as well as resources and materials provided to You by Freedom Solar in connection with the Program. You and Freedom Solar are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”.

BY ENROLLING AND PARTICIPATING IN THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT, AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT AND OTHER PROGRAM TERMS DEFINED BELOW, YOU ARE NOT ALLOWED TO PARTICIPATE IN THE PROGRAM.

1. Enrollment

You may enroll in the Program if You are identified as a suitable Program participant by Freedom Solar and agree to abide by the terms of this Agreement. Following Your enrollment into the Program, Freedom Solar expressly reserves the right to suspend or terminate Your participation in the Program for any or no reason, with or without cause, at any time in its discretion. Freedom Solar expressly reserves the right to modify, suspend, or terminate the Program, and/or modify this Agreement or Your involvement therein, at any given time, in whole or in part, at any time in its discretion, for any or no reason, and without notice to You. When You register, You must fill in all information Freedom Solar requests completely and truthfully. Freedom Solar has the right to refuse or reject a Program application without providing reasons for such refusal or rejection.

2. Definitions

• “Closed Contract” means Freedom Solar’s receipt of all of the following: (a) a correct, and fully and properly executed solar installation agreement between Freedom Solar and a Qualified Lead for the purchase of Solar Products; (b) any applicable cash deposit; (c) for contracts intended to be paid by loan, in full or in part, or lease agreements, “notice to proceed” from the applicable lender or lease provider; and (d) all other contract intake paperwork required by Freedom Solar or, if applicable, the lender or lease provider.

• “Consultation” means an in-person or virtual visit from a Freedom Solar Energy Consultant with a Qualified Lead to discuss the pricing, location, and installation schedule for Solar Products.

• “Consumer Protection Laws” means all laws and implementing regulations (including, but not limited to, those laws enforced or administered by the Consumer Financial Protection Bureau, the Federal Trade Commission, State Attorneys General and any other federal or state governmental body empowered with similar responsibilities) that relate to consumer rights, protections or obligations related to any transaction with a consumer, including leases of personal property, extensions of credit and contracts for goods or services, including, but not limited to: (a) marketing of any products, leases, extension of credit or financial accommodations targeted to consumers; (b) prevention of deceptive, unfair or abusive business practices related to consumers; (c) licensing, registration and related requirements (including permits) necessary to conduct business, execute leases or extend credit with or to consumers; (d) regulating the use, protection or dissemination of any information, including personally identifiable information, related to any consumer and obtained from any source; (e) disclosures required to be provided to any consumer in connection with any consumer transaction; (f) warranties provided to any consumer; (g) dealings with any consumer in bankruptcy; (h) collection of delinquent debt, or other amounts owed by a consumer; and (i) limitations on any charges, fees, interest or costs charged to any consumer in connection with any consumer transaction.

• “Energy Consultant” means a salesperson employed by Freedom Solar to market and sell Solar Products to Leads.

• “Lead” means the name and contact information of any customer of Yours who submits his/her first name, last name, postal code, phone number, and email address to Freedom Solar’s dedicated Program landing page (the “Program Landing Page”) and identifies You as a referral source.

• “Qualified Lead” means a Lead who meets all of the following: (a) is 18 years or older and is not of diminished mental capacity; (b) lives within the regions that Freedom Solar services for residential solar installations; (c) owns a home suitable for solar installation, as determined in Freedom Solar’s sole discretion, and has an average electricity bill greater than $75 per month; (d) requests Freedom Solar or an Energy Consultant to contact them to schedule a Consultation; (e) provides, in a form that is compliant with the Telephone Consumer Protection Act, clear and conspicuous written consent for Freedom Solar or an Energy Consultant to contact the Lead for the sale and marketing of Solar Products; and (f) is not already in Freedom Solar’s electronic systems as of the date You submit the Lead to Freedom Solar.

• “Referral Incentive” means consideration paid by Freedom Solar to You in exchange for the successful installation and commissioning of Solar Products under a Closed Contract, as further described in Section 7 of this Agreement.

• “Solar Products” means a Freedom Solar solar photovoltaic system comprised of the following: (a) solar photovoltaic modules from Freedom Solar’s current residential product offerings (“Solar Modules”) equal to a minimum system size of 6 kilowatts (kw DC); (b) balance of system (BOS) components as currently exist and as developed or sourced by Freedom Solar for, or used in connection with, the installation of the Solar Modules; and (c) monitoring products as currently exist and as developed or sourced by Freedom Solar for monitoring output of the Solar Modules. Solar Products may include, but are not required to include for purposes of the Referral Incentive, one or more energy storage systems capable of being charged by the Solar Modules.

3. Duration

The initial term of this Agreement will be one (1) year from the date You enroll in the Program. Upon the expiration of this Agreement’s initial term, this Agreement will automatically renew for successive one-year periods, subject to termination as set forth herein. Either Party may terminate this Agreement without cause and for any reason by giving thirty (30) days’ prior written notice to the other Party. Either Party may terminate this Agreement immediately upon written notice if: (a) the other Party commits a material breach of the Agreement and fails to cure it within thirty (30) days of written notice of such breach; (b) the other Party files for or has instituted against it any proceedings as to its bankruptcy, insolvency, reorganization, liquidation, receivership, or dissolution or there is an assignment for the benefit of creditors; or (c) the other Party commits a material breach of this Agreement that is incurable. Upon termination of this Agreement, each Party shall immediately stop all marketing, promotion, advertising or reference to the other Party and its products, including use of any of the other Party’s trademarks. Freedom Solar’s obligations to its customers pursuant to its agreements with such customers, whether warranty-related or otherwise, will not be affected by the expiration or termination of this Agreement.

4. Your Responsibilities

a. Use of Freedom Solar Materials and Advertising.

1. You may market the Program, including through advertisements, using Freedom Solar Materials (as defined below) provided to You by Freedom Solar in connection with the Program. If you develop your own marketing materials and/or advertisements in connection with the Program, Freedom Solar reserves the right to review and reject any such materials for any or no reason and at any time; and, if any such materials are rejected, You must remove the rejected li materials from any public-facing platforms or mediums immediately after receiving notice of such rejection.
2. You may not modify any Freedom Solar Materials without Freedom Solar’s prior written consent. You may not include price information in Your descriptions unless such price information is provided to You and approved by Freedom Solar. Any link connecting users of Your website(s) to a Freedom Solar website shall not alter the look, feel, or functionality of a Freedom Solar website. Neither Freedom Solar Materials, nor any other Program materials created by You, may be used in a manner that would disparage Freedom Solar or its products or services.
3. You may not use Freedom Solar Materials, links, or other materials in any manner that might imply that any goods, services, websites, publications, or other materials that do not originate from Freedom Solar are sponsored, endorsed, licensed by, or affiliated with Freedom Solar. You may not incorporate or use the Freedom Solar Materials, links, or other materials in any manner as part of, or in close proximity to, another company’s name, domain name, product or service name, logo, trade dress, design, slogan, or other trademarks. You must display Your own logo(s), business name, product names, or other branding in a primary and more prominent position than the Freedom Solar Materials, links, and other materials.

b. Website Restrictions

Your website(s) (including the Freedom Solar Materials, links, and materials provided available therein) must not: (a) mislead others, contain false source-identifying information, contain or transmit any malicious or unsolicited software or engage in spamming or indiscriminate advertising; (b) contain or promote any content that is libelous, defamatory, obscene, abusive, pornographic, violent, indecent, threatening, harassing, deceptive, threatening, bigoted, hate-oriented, illegal, targeted at persons under the age of 18, violates or infringes other people’s intellectual property, privacy, publicity, or other laws or legal rights of any third party, or offers any illegal good or service; (c) engage in the sale or promotion of pornography, tobacco, firearms, alcoholic beverages, gambling, or any illegal activity; (d) have previously been terminated from the Program; or (e) or promote or link to any other websites that do or promote any of the foregoing. You remain solely responsible for the content of Your website(s) and its compliance with all applicable laws and regulations.

c. Restricted Activities

You are subject to, and agree to, the following restrictions:

1. Use of Freedom Solar Marks. You shall not: (1) make any representations, either express or implied, or create an appearance that a visitor to Your website(s) is visiting a Freedom Solar website (e.g., “framing” a Freedom Solar website); or (2) use any mark, name, or domain name of any type which is confusingly similar to “Freedom Solar” or other Freedom Solar trademarks.
2. Paid Search Marketing. You shall not bid on any trademark or service mark keywords that could be associated with Freedom Solar (e.g., “Freedom Solar,” “freedomsolarpower.com,” or other trademarks or its products or services, or any variations, adaptations or misspellings thereof. This includes any trademarked or service marked keyword in combination with any other words or symbols. Bidding on “Freedom Solar Coupon(s)” or any match type is prohibited. Direct linking and forced redirects to any Freedom Solar website(s) are prohibited when performing search engine marketing. You must direct traffic to Your own landing page from within paid search. You shall not solicit or target users who access any Freedom Solar website(s) from Your website(s) with any promotions or offerings of goods or services that compete with the goods or services that We offer; provided, however, that the foregoing limitations will not prohibit You from soliciting or targeting a group of all, or substantially all, users who access Your website(s).
3. Linking to Freedom Solar. The Freedom Solar Materials and related advertisements to the Program may be displayed on Your website(s), but only if they include a hotlink to the Landing Page. You may not use link shorteners without Freedom Solar’s prior written approval. Beyond link shortening, any type of link cloaking is prohibited. If You fail to provide accurate referring domains upon request from Freedom Solar, You will be subject to, among other potential consequences, compensation reversal.
4. Pop-Up and Pop-Under Advertising; Browser Extensions. You shall not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (i.e., pop-up and pop-under advertising is only acceptable on a first party basis when triggered by Your website(s)’ content or by downloadable software applications for which You are the owner and operator). You shall also not engage in any browser extension promotions or utilize browser extensions or code injections in connection with Your services.
5. Website Usage. You shall not use Freedom Solar’s property, including, but not limited to, any Freedom Solar website, to direct traffic to websites or social media pages or accounts which You own or where You have placed Affiliate links back to any Freedom Solar website. You shall not use or otherwise incorporate the word “Freedom Solar” or variations thereof in the domain name(s) of Your website(s).
6. Spam and Electronic Messages. You shall not send commercial electronic mail messages, as defined in the CAN-SPAM Act of 2003, and similar applicable laws, rules, and regulations (collectively, the “Spam Acts”), with respect to the Program. For clarification, this does not prohibit Freedom Solar from sending transactional or relationship messages, as defined in the Spam Acts. In addition, You may not send any e-mails that refer to Freedom Solar, advertises any Freedom Solar product, or links to any Freedom Solar website unless the content referring to Freedom Solar has been provided to You by Freedom Solar or has been previously approved in writing by Freedom Solar. Except as expressly authorized by Freedom Solar, any and all electronic messages initiated or sent by You or on Your behalf must identify You as the sender and may not suggest, imply, mislead, or be likely to mislead a recipient into believing that a Freedom Solar website is the sender or sponsor of, or has induced You to send, such electronic messages. You shall not use a return address, subject heading, header information, or message contents that misleads or confuses or is likely to mislead or confuse a recipient that Freedom Solar is the sender.
7. Public Announcements. Other than as expressly permitted herein to market the Program, You may not mention Freedom Solar in a press release or other public statement unless You have received prior written approval from Freedom Solar.

5. Promotion and Communications; Brand and Marketing

Freedom Solar is the sole owner of all right, title and interest in materials, created or developed from time to time by Freedom Solar for use with the Program, and each trademark, copyright, service mark, trade name, logo, slogan and other identifying symbol and indicia, in the case of all of the foregoing, (collectively, the “Freedom Solar Materials”), and no provision or grant of license or use in this Agreement is intended to transfer an ownership interest to You. In connection with, and to the extent necessary to accomplish the foregoing, Freedom Solar hereby grants You a limited, revocable, non-exclusive, non-transferable, non-assignable license, without the right to sub-license, to use the Freedom Solar Materials and additional marketing materials, in each case as provided by Freedom Solar to You, as desired by the Parties. The license granted herein is limited to Your use of the Freedom Solar Materials in connection with activities performed under the Agreement, and the Freedom Solar Materials may not be used in any manner which is likely to suggest to the public that any of Your other products and/or services that are unrelated to, or outside of the scope of the Agreement, are in any way related to Freedom Solar. 

You will not perform any act or use (or authorize anyone to act or use) the Freedom Solar Materials on or in connection with any materials, activity or person or in any other manner that has the effect of disparaging, or damaging the goodwill or reputation of Freedom Solar or cast same in a false or unfavorable light or otherwise subject Freedom Solar and/or the Freedom Solar Materials to ridicule, disdain, or embarrassment.

You acknowledge that Freedom Solar is the owner of all right, title and interest in and to the Freedom Solar Materials. You acknowledge having acquired no ownership interest in the Freedom Solar Materials and further acknowledge no ownership interest in the Freedom Solar Materials will be acquired by reason of this Agreement. You will not at any time take or encourage any action or thing which would in any way impair the rights of Freedom Solar in and to the Freedom Solar Materials, affect the validity of the Freedom Solar Materials, or depreciate the value of the Freedom Solar Materials or the reputation of Freedom Solar. All goodwill resulting from use of the Freedom Solar Materials by You shall inure to the benefit of Freedom Solar.

You will never challenge the validity or ownership of the Freedom Solar Materials or any applications or registrations for the Freedom Solar Materials. Upon termination or expiration of this Agreement, You will cease and desist from all use of the Freedom Solar Materials in any way and, as requested by Freedom Solar, will either destroy or deliver to Freedom Solar or its duly authorized representative all material upon which the Freedom Solar Materials appear within one month of termination or expiration of this Agreement. Furthermore, You shall at no time adopt or use any word, company name, mark or design which is similar or confusing with the Freedom Solar Materials, without Freedom Solar’s prior written consent.

Freedom Solar represents to You that: (a) Freedom Solar owns the Freedom Solar Materials free and clear of any encumbrances; (b) there are no adverse claims relating to the Freedom Solar Materials; and (c) to the knowledge of Freedom Solar, the Freedom Solar Materials do not infringe the rights of third parties.

6. Process

The process for a Lead becoming a Freedom Solar customer is as follows:

Step 1.  After receiving materials regarding the Program from You, the Lead shall visit the Program Landing Page to receive further information and sign up for an initial Consultation.

Step 2.  An employee of Freedom Solar’s Call Center department shall contact the Lead to describe the process and ask a few screening questions to determine whether the Lead is a Qualified Lead.

Step 3.  If the Lead is determined by Freedom Solar to be a Qualified Lead, an Energy Consultant shall contact the Qualified Lead and schedule a Consultation and offer a Freedom Solar customer agreement for Solar Products, if a Consultation has not already occurred. If a Lead contacts an Energy Consultant on his or her own, then the Lead must mention the Program, and Your involvement in recommending the Program, at the time of the Consultation in order for the transaction to qualify You for the Referral Incentive. 

Step 5.  Following Freedom Solar and a Qualified Lead entering into a Closed Contract,Freedom Solar shall install the Solar Products and provide invoices to the customer in accordance with the Closed Contract.

7. Referral Incentive

Freedom Solar shall provide You with a Referral Incentive of $1,250 for each Closed Contract for Solar Products. The Referral Incentive shall be paid to Company by the end of the month following the month in which a fully executed solar installation agreement is determined, in Freedom Solar’s sole discretion, to be a Closed Contract (up to approximately thirty (30) days following such determination). In Freedom Solar’s sole discretion, it may subtract any Referral Incentives paid for Closed Contracts that cancel, are later determined not to meet the definition of a Closed Contract, or for which the Lead does not fully pay for the Solar Products from future Referral Incentive Payments.

8. Representation and Warranties

Freedom Solar represents and warrants: (a) that all services performed by Freedom Solar in connection with this Agreement shall comply with all applicable federal, state, and local laws, rules, and regulations, including applicable customer protection rules promulgated by applicable regulatory agencies, regulations and ordinances (including, but not limited to, but only where directly applicable to Freedom Solar in its capacity as a solar sales and installation company, Consumer Protection Laws and laws applicable telemarketing, door-to-door and email marketing); and (b) that it has or shall obtain all licenses, agreements, permits, waivers, releases, registrations, approvals, and/or authorizations required in connection with the performance of its obligations under this Agreement and that such licenses, agreements, permits, waivers, releases, registrations, approvals, and/or authorizations will be valid and sufficient for the performance of its obligations under this Agreement.

You represent and warrant that all services or activities performed by You in connection with this Agreement (including the acquisition and provision of Qualified Leads) shall comply with all applicable federal, state, and local laws, rules and regulations including applicable customer protection rules promulgated by applicable regulatory agencies, regulations and ordinances (including, but not limited to Consumer Protection Laws, the Telephone Consumer Protection Act, and laws applicable telemarketing, door-to-door and email marketing).

9. Indemnification and Limitations of Liability

You, together with Your officers, directors, agents, affiliates, subcontractors, partners and employees, hereby agree that You: (a) will indemnify, defend (at Freedom Solar’s sole option) and hold harmless; and (b) hereby release and hold harmless, Freedom Solar and its officers, directors, members, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, obligations, costs, and/or expenses (including reasonable legal fees) resulting from or arising out of Your breach of Your obligations or representations and warranties under this Agreement, Your negligence or willful misconduct, or Your involvement in the Program. Freedom Solar reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by You, in which event You will cooperate with Freedom Solar in asserting any available defenses.

10. Miscellaneous

1. Relationship of the Parties — Nothing in this Agreement creates any agency, joint venture, partnership, or other form of joint enterprise, employment, or fiduciary relationship between the Parties. Neither Party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party.
2. Severability — If any provision of this Agreement is held invalid or unenforceable, in whole or in part, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement will not be affected thereby.
3. Entire Agreement — This Agreement constitute the entire agreement between You and Freedom Solar relating to the subject matter of this Agreement and supersedes all prior oral and written and contemporaneous oral negotiations, commitments, and understandings of the parties.
4. Amendments — Freedom Solar may amend this Agreement at any time and for any reason by providing email notice to You at the email address You provided when enrolling. Those amendments will be effective upon notice to You or by Your continued participation in the Program. Freedom Solar will not be bound by any amendment to this Agreement unless that amendment is in writing and has been signed by an authorized officer of Freedom Solar.
5. No Waiver — No failure by Freedom Solar to exercise, or delay by Freedom Solar in exercising, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Freedom Solar of any right or power hereunder preclude further exercise of that or any other right hereunder.
6. Choice of Law and Choice of Forum — This agreement will be construed and enforced in all respects in accordance with the laws of the State of Texas. The Parties mutually consent to the jurisdiction of the federal and state courts in Travis County, Texas. 

This Agreement was last updated on February 25, 2025.