TXU Energy Referral Program

Refer a Friend Terms and Conditions

TXU Energy (“we”, “TXU Energy” or “Company”) is offering you the opportunity to refer friends via a Referral Program (“Program”) offered on the web site located at refer.txu.com (the “Site”).

1. Binding Agreement

By using the Site or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them.  All of the Company's decisions are final and binding.

2. Privacy

The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Statement, which is available by link on the Site.

3. How the Program Works

You must be a legal resident of the United States of America and at least 18 years old to use the Site.  Next, you must visit the Site and follow the on-screen instructions to refer friends, family members or colleagues.  Once an individual makes a referral, he/she becomes an “Advocate” and will be provided with a unique referral link (“Personal Link”) that allows her to receive the benefit or reward advertised on the Site.  Referred friends (“Friends”) must complete the referral as described in the referral message. Advocates may refer a maximum of 25 friends, family members or colleagues during each session and a maximum of 500 times throughout the entirety of the Program.

4. Restrictions

Advocates cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as “Friends”.  No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program.  In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

5. Rewards

By making a valid referral, you will receive a $50 bill credit and your Friend will receive a $50 bill credit. You can earn a maximum of $2,000 in rewards per year. These rewards may be redeemed in various forms in the Company's sole discretion. Restrictions may apply.  For example, there may be a limitation on the number of referrals you can make, or if the reward is in the form of a gift card, gift certificate, bill credit or voucher, it may be subject to the issuer’s terms and conditions.  Rewards are subject to verification.  The Company may delay a reward for the purposes of investigation.  The Company may also refuse to verify and process any transaction for any reason.

Valid referrals must (i) be new customers to TXU Energy: for purposes of the Program, "new customer" cannot be a person who is a current or pending residential electricity customer; (ii) has completed a valid enrollment with TXU Energy; (iii) sign up online with TXU Energy from the personal link generated by the TXU Energy Refer a Friend Program on the Site (enrollments from personal links not generated through the Program are not eligible for awards); (iv) remain enrolled for at least 60 consecutive days; (v) have "cookies" enabled on the computer from which the enrollment is executed; and (vi) once all other requirements are met, the qualifying customer (Advocate or Friend) must have an active TXU Energy account at the time of bill credit application. The reward TXU Energy is offering may be changed by TXU Energy at any time prior to enrollment of a valid referral without notice to the Advocate or Friends. By participating in the Program, you agree that TXU Energy shall make the final determination as to whether a person meets all requirements to be considered a valid referral.

Participants in the Program are limited to $2,000 in referral rewards and other incentives from TXU Energy per calendar year, subject to submission of a completed W-9 form. If you earn more than approximately $2,000 in referral rewards and other incentives from TXU Energy, 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 TXU Energy above the $2,000  cap per calendar year. From time to time, TXU Energy may offer limited-time promotions which provide for increased incentive rewards. They are subject to change without notice to you by updating the information on the TXU Energy Refer-a-Friend Site. You are solely responsible for any and all tax liability arising out of any rewards you are issued. If you are issued more than $2,000 in referral rewards and other incentives from TXU Energy in a calendar year, TXU Energy will issue a 1099-MISC form reporting the value of the rewards and incentives you received, and you will receive a copy. Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash.  They are not transferable and may not be auctioned, traded, bartered or sold.

6. Liability

YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  By participating in the Program, you agree to defend, indemnify, release and hold harmless the TXU Energy, Extole, Inc., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program.  To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program.  The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

7. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

8. Bulk Distribution (“Spam”)

Each Advocate is the actual sender of the emails and must comply with applicable law.  Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.  By submitting any email address as part of the Program, the Advocate represents that he/she has the appropriate permission and consent.  Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action.  The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.  Advocates who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a result of such spam.  Advocates and Friends may opt out of receiving emails at any time by following the opt-out instructions in the email.

9. Sign-In Credentials

Users are responsible for maintaining the confidentiality of any sign-in credentials and are fully responsible for all activities that occur through the use of them.  Users agree to notify the Company immediately if they suspect unauthorized access to their account.  Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.

10. Right to Cancel, Modify or Terminate

We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any user at any time from participation in the Program if he/she does not comply with any of these Terms.