Instant Coupon Terms & Conditions
These Standard Terms and Conditions for Participants and the Participation Application (collectively, the “Agreement”) are made and entered into by and between CLEAResult Consulting Inc., a Texas corporation and/or an affiliate thereof (“CLEAResult”), and Customer for the purpose of receiving one or more Instant Coupons (as defined in Section 3 of this Agreement)  for certain product(s) related to energy efficient measures (“EEM”), as identified in an EEM program (each EEM program, a “Program”) sponsored by Oncor Electric Delivery Company LLC (“Sponsor”). CLEAResult and Customer may be referred to in this Agreement individually as a “Party” and collectively as the “Parties.” The Parties acknowledge and agree that the Public Utility Commission of Texas (the “PUCT”), the state of Texas’ regulatory body governing Sponsor, and Sponsor are each a third party beneficiary of this Agreement. In consideration of the mutual covenants and agreements set forth below, the adequacy and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. APPLICATION: This application (“Participation Application”) must be filled out completely, truthfully and accurately. Incentives provided through this platform in the form of an Instant Coupon, are subject to funding availability and may change or be discontinued without notice, at the Sponsor’s sole discretion.  The person submitting this application is the “Participant.” By submitting this application, Participant certifies that he/she meets all eligibility requirements described in this Agreement, is eligible for Sponsor’s Instant Coupons offered under the Program, and the information in his/her Participant Application is truthful, accurate and complete.
2. ELIGIBILITY: Instant Coupon codes are available to Participants who are residential customers whose electricity is delivered by Sponsor and who reside in the state of Texas and meet the following eligibility criteria: (i) they are the authorized account owner / the responsible party with respect to electric service for the residence designated in the Participant Application and such residence is a fully constructed unit (“Participant Residence”), (ii) they are at least 18 years of age at the time of their respective Participant Application, (iii) they currently reside at their Participant Residence (as principal dwelling), at the time of their respective Participant Application, and (iv) for such Participant Residence, they are on a residential rate from at least one (1) Retail Electric Providers at the time of their respective Participant Application.  Participants may only receive a maximum of two (2) incentives per product offered under the Program (each product, a “Program Product”), per Participant Residence. Instant Coupons may not be combined with any other of Sponsor’s incentive offers for the same Program Products to which the Instant Coupons apply.  Participant Residences that have already received a cash-back incentive from a previous Program for Program Products to which the Instant Coupons apply are not eligible to receive Instant Coupons under this Program. The Program Products to which the Instant Coupons apply must be installed and may only be installed in the Participant Residence for which the Participant submitted the Participant Application.  Resale products, products leased, rebuilt, rented, received from insurance claims, won as a prize, or new parts installed in existing products do not qualify as Program Products under the Program and the Instant Coupons do not apply. Sponsor reserves the right to verify installation. Final determination of eligibility shall rest solely with Sponsor.  CLEAResult may request verification of eligibility requirements at any time during the Program period. 
3. INSTANT COUPON: An “Instant Coupon” is the coupon code offered to eligible Participants that allows Participants to receive a discount at selected point of purchase location (physical or virtual). Instant Coupons for brick and mortar stores will include a barcode in addition to a uniquely identifying set of alphanumeric numbers that are eligible for a given retailer or manufacturer for a given time period.  Sponsor’s Program incentives for the purchase of a Program Product are paid only in the form of an Instant Coupon to use at checkout. Participant is not eligible for payment through a cash-back incentive for the purchase of Program Products using an Instant Coupon.  Incentives in the form of an Instant Coupon are subject to funding availability and may change or be discontinued without notice, at the Sponsor’s sole discretion.
4. PROPERTY RIGHTS, SAFETY AND BUILDING CODES, VERIFICATION: Participant represents that Participant has the right to complete and/or install the Program Products to which the Instant Coupons apply on the property on which those measures are completed and/or installed and that any necessary landlord's consent has been obtained.  Participant also represents that, with respect to any such installation of the Program Products to which the Instant Coupons apply: (i) installation complies with all federal, state and local safety, building and environmental codes, and (ii) installation of such Program Products was or will be performed in accordance with the Program Product’s manufacturer’s instructions.  Participant's home may be selected for quality control post-installation. 
5. TAX LIABILITY: Sponsor is not responsible for any tax liability, which may be imposed on the Participant as a result of Instant Coupons. Sponsor is not providing tax advice, and any communication by Sponsor is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
6. NO ENDORSEMENT: Sponsor does not endorse any particular manufacturer, contractor, or product. The fact that the names of particular manufacturers, contractors, products, or systems may appear in connection with Sponsor’s name, the Program and/or the Program Products does not constitute an endorsement nor indicate a relationship of any kind. Manufacturers, contractors, products or systems not mentioned are not implied to be unsuitable or defective in any way.
7. ENERGY INFORMATION AND COMMUNICATIONS RELEASE: Participant agrees that Sponsor may access, analyze and use Participant’s energy usage data relating to the Participant Residence by accessing the account associated with the Participant Residence.  In addition to and without limiting any other authorizations granted in favor of Sponsor, Participant authorizes CLEAResult, Sponsor, and/or any designee of each such entity, to contact Participant by phone, text, and/or email with respect to Programs, Program Products and the Program Products to which the Instant Coupons apply, including, but not limited to, for purposes of verifying eligibility, providing Participant an Instant Coupon and validating installation of a Program Product.   PARTICIPANT SHALL BE RESPONSIBLE FOR ALL CONNECTION, DATA, USAGE, AND OTHER FEES, CHARGES, AND COSTS INCURRED BY PARTICIPANT IN CONNECTION WITH SENDING COMMUNICATIONS TO AND RECEIVING COMMUNICATIONS FROM CLEARESULT, SPONSOR, OR ANY DESIGNEE OF EACH SUCH ENTITY.
8. PRIVACY POLICY: Information provided to Sponsor is subject to Sponsor’s Privacy Policy.  Sponsor will treat Participant information as confidential and in accordance with Sponsor’s Privacy Policy. Sponsor’s Privacy Policy is at www.oncor.com/en/Pages/PrivacyPolicy.aspx. 
9. NO WARRANTY: CLEARESULT, SPONSOR AND THE PUCT MAKE NO REPRESENTATIONS OR WARRANTIES, AND ASSUME NO LIABILITY WITH RESPECT TO QUALITY, SAFETY, PERFORMANCE, OR ANY OTHER ASPECT OF ANY PROGRAM PRODUCT INSTALLED PURSUANT TO THIS AGREEMENT AND/OR ANY OTHER PRODUCTS, INSTALLATION OR OTHER SERVICES IN CONNECTION WITH ANY SUCH PROGRAM PRODUCT AND EXPRESSLY DISCLAIM ANY AND ALL SUCH REPRESENTATIONS, WARRANTIES OR LIABILITY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Nothing in this Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to customer OR any OTHER PERSON OR ENTITY. Neither the PUCt, Sponsor, nor CLEAResult shall be responsible for costs or corrections of conditions already existing in the facilities inspected which fail to comply with applicable laws and regulations.
10. indemnification; LIMIT ON LIABILITY: USTOMER AGREES TO INDEMNIFY THE PUCT, SPONSOR AND CLEARESULT AGAINST ANY AND ALL LOSS, DAMAGES, COSTS AND LIABILITY ARISING FROM ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR ANY PRODUCTS INSTALLED OR SERVICES PERFORMED DURING THE INSTALLATION OR MAINTENANCE OF THE PROGRAM PRODUCT. NEITHER THE PUCT, SPONSOR, CLEARESULT, NOR CUSTOMER SHALL BE LIABLE TO EACH OTHER FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT.
11. MISCELLANEOUS: This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to conflict of law rules. The parties agree that all actions, disputes, claims and controversies arising out of or relating to this Agreement here under will be subject to binding arbitration administered in the county where the Customer is located by the American Arbitration Association under its Commercial Arbitration Rules and judgment on the award may be entered in any court having jurisdiction. Customer shall not assign, delegate or subcontract this Agreement or its duties there under, in whole or in part, voluntarily or involuntarily (including a transfer to a receiver or bankruptcy estate) without the prior written permission of CLEAResult. CLEAResult may assign its rights and delegate its duties under this Agreement to any third party at any time without Customer’s consent. If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions in this Agreement shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this Agreement. The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not affect the validity or enforce ability of any such provision in any other jurisdiction. The failure of either Party to enforce strict performance by the other of any provision of this Agreement, or to exercise any right available to the Party under this Agreement, shall not be construed as a waiver of such Party’s right to enforce strict performance in the same or any other instance. Sections 1 and 5 through 11 shall survive the term of this Agreement.