Sales Program Terms

Capitalized terms not defined here have the meanings in the consumer Terms. In these Sales Terms:

• "Attributed Enrollment" means a completed retail electric enrollment that we determine, in our reasonable records, resulted from a Customer using your Sales Code or tracked path through checkout, and for which a REP or marketing partner actually pays WattChoice a commission.
• "Customer" means a Texas retail electric account holder or authorized agent who uses WattChoice after being referred by you, including a person who is at least 16 years old under the consumer Terms.
• "Program" means the WattChoice Sales Program described in these Sales Terms.
• "REP" means a Retail Electric Provider certified by the Public Utility Commission of Texas.
• "Sales Code" means the unique referral, pixel, or tracking identifier we assign to you for attribution.
• "Sales Partner" or "you" means the individual or entity accepted into the Program, and, if you are 16 or 17 years old, also the parent or legal guardian who must accept these Sales Terms with you.
• "Services" means the WattChoice comparison, bill-extraction, SMT, recommendation, and enrollment-handoff tools described in the consumer Terms.
• "SMT" means Smart Meter Texas.

You are an independent contractor. Nothing in these Sales Terms creates employment, partnership, joint venture, or fiduciary status. You are not entitled to employee benefits, unemployment insurance, or workers' compensation from WattChoice. You control the manner of your own lawful sales activity, subject to these Sales Terms and applicable law. You will not hold yourself out as WattChoice, as a REP, as the Customer's TDU, or as a PUCT-certified aggregator unless you independently hold that status and say so clearly as your own.

You may introduce Customers to WattChoice and help them start a bill check. You may sit with a Customer while they use the Services. You may not complete Smart Meter Texas approval for a Customer, skip their consent, pre-check a box on their behalf, or enroll them with a REP without their own action on the enrollment page. You may not slam a Customer or submit another person's ESIID, bill, or SMT access without that person's authority.

The Program is non-exclusive. You may sell other products unless a written addendum says otherwise. WattChoice may accept other Sales Partners, including in your market, and may market the Services directly.

You must be at least sixteen (16) years old and able to contract under Texas law. You may not apply if you are under 16. If you apply for an organization, you represent that you have authority to bind it.

If you are 16 or 17 years old, you may participate only if a parent or legal guardian also reviews and accepts these Sales Terms and the Sales Program Privacy Policy, and we may require that parent or guardian to be the contracting party, the payout recipient, or both. We may refuse, suspend, or revoke access if we cannot confirm that consent. A parent who accepts is jointly responsible for your Program conduct and for taxes on amounts paid.

We may accept, reject, suspend, or revoke Program access at any time, including if you provide inaccurate information, fail a compliance review, or violate these Sales Terms or applicable law. Acceptance is not a guarantee of any volume of leads, Customers, or compensation.

You agree to provide accurate identity, organization, contact, licensing, tax, and payout information, and to keep it current. You are solely responsible for any licenses, permits, municipal registrations, bonding, or insurance required for your own door-to-door, telemarketing, or other sales activity under Texas law and local ordinances. WattChoice's PUCT registration does not cover your field activity.

After acceptance we issue a Sales Code and tracked links. When a Customer starts WattChoice through your link or code, we attribute that session for commission purposes if our records can tie the session to enrollment. The Customer then uses the Services: they upload a bill or create an Account, may authorize SMT (only they can complete SMT's email approval), see a usage-based comparison, and if they choose to switch they continue to a REP or partner checkout on a tracked enrollment path.

Attribution depends on the Customer using your tracked path through enrollment. We do not guarantee that every introduction will be tracked if the Customer arrives another way, types the site URL directly, clears cookies, uses a different device, or enrolls with a REP off-platform. We decide attribution disputes in good faith based on our logs, partner confirmation or order IDs, and Sales Code records. Our determination is final except for arithmetic error.

Customers must be at least 16 and must have authority over the utility account, as stated in the consumer Terms. You will not send us a Customer you know is under 16, and you will not complete a parent's consent for the Customer.

You may offer a free WattChoice bill check, a usage-based comparison that includes TDU charges, base fees, credits that may not apply, and early-termination costs where our data allows, and a plain stay, wait, or switch verdict. You may explain that the Customer does not pay WattChoice for the comparison, and that if they enroll through the tracked path a provider may pay WattChoice and we may share Program compensation with you.

You may not promise a specific rate, savings amount, approval, or "guaranteed cheaper" result that WattChoice or a REP has not shown on the Customer's own comparison. You may not tell a Customer that WattChoice is their new REP, that you are WattChoice, or that they must switch.

Plan ranking is based on estimated cost to the Customer, not on what WattChoice or you would earn. You may not steer a Customer to a worse plan because it pays more. A plan that pays nothing can still win. If a Customer asks you to pick the highest-commission plan instead of the cheapest honest result, you will refuse.

You will comply with Texas and federal law in all Program activity, including Public Utility Regulatory Act rules against slamming, the Texas Deceptive Trade Practices-Consumer Protection Act, telemarketing and do-not-call rules (including the Telephone Consumer Protection Act if you call or text), and local door-to-door permit and hours ordinances. Without limitation, you will not:

• Slam a Customer, enroll them without their own checkout action, or complete SMT consent for them.
• Make false, misleading, or unsubstantiated savings, rate, or "guaranteed cheaper" claims, or quote a 1,000 kWh flyer rate as if it were their bill.
• Use another person's utility account, ESIID, bill, or SMT access without that person's authority.
• Market to anyone you know is under 16, or treat a 16- or 17-year-old Customer as able to switch a parent's account without the authority the consumer Terms require.
• Send spam, use an autodialer or prerecorded voice without required consent, or ignore do-not-call requests.
• Conduct door-to-door activity that violates Texas or local law, including posted no-solicitation properties.
• Sell, scrape, or reuse Customer energy or usage data for your own list-building or for data brokers.
• Alter WattChoice materials, invent titles ("WattChoice manager," "PUCT inspector"), or register confusing domain names or social handles.
• Pay or accept a side payment from a Customer for the comparison, or charge the Customer a fee that WattChoice has not authorized in writing.

Identify yourself honestly. You work with WattChoice; you are not WattChoice and not the REP. If a Customer asks how you are paid, you will say that the comparison is free to them, that a provider may pay WattChoice if they enroll through your link, and that WattChoice may share that compensation with you.

The comparison is free to the Customer. When a Customer completes an Attributed Enrollment, a REP or its marketing partner may pay WattChoice a commission. WattChoice may share a portion of that compensation with you on the schedule and amounts shown in your Program dashboard or a written addendum signed by us. If no amount is shown, you are not entitled to a payment until we post or send one. We do not increase the Customer's REP price because you or WattChoice are paid.

Payment depends on all of the following: valid attribution to your Sales Code; a completed enrollment; funds actually received by WattChoice from the REP or marketing partner; and your provision of current tax and payout details. We may hold amounts while we confirm those conditions.

Chargebacks, cancelled or rejected enrollments, ineligible premises, customer rescission, partner clawbacks, fraud, or a later finding that the Customer was under 16 or that you violated Section 6 may reduce, withhold, or reverse amounts, including amounts already paid. We may offset future payments. You will repay an overpayment within thirty (30) days after notice.

You are an independent contractor responsible for all federal, state, and local taxes on Program compensation. We may issue Form 1099 or other tax forms as required by law. If you are 16 or 17, we may issue forms to the parent or guardian who is the payout recipient. We do not withhold income tax unless required.

Customer bills, SMT usage, passwords, and Account data belong to the Customer and to WattChoice's operation of the Services. You may see limited attribution and status for Customers tied to your Sales Code, as described in the Sales Program Privacy Policy. You will not copy, export, screenshot for your own database, or use that information except to serve that Customer through the Program, and you will not sell it.

You will keep your Program login confidential. You will not share a Sales Code in a way that is intended to claim credit for another person's work. You will notify support@watchchoice.net promptly if you believe your Sales Code or dashboard has been misused.

Confidential information includes these Sales Terms' compensation terms (when posted), non-public Program tools, and Customer status we show you. You will not disclose that information except to your employees or contractors who need it and are bound to confidentiality, or as required by law. This obligation lasts for three (3) years after the Program ends, and indefinitely for Customer personal information.

You will keep records of your Program marketing sufficient to show compliance with Section 6 for at least two (2) years, including scripts if you use them and, for telemarketing, evidence of required consent. On reasonable notice we may request copies to investigate a complaint, PUCT inquiry, or commission dispute. You will cooperate in good faith.

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Watt Choice name and approved materials solely to promote the Program while you remain in good standing. You will not alter logos, invent WattChoice titles, register confusing domain names, or use our marks in paid search in a way that impersonates us. All Services software and trademarks remain ours. Approved materials remain ours; you will stop using them when the Program ends.

These Sales Terms apply from your first Program use until we or you end participation. Either party may terminate at any time, with or without cause, by notice to support@watchchoice.net (from us, to the email on your Program profile). We may suspend a Sales Code immediately if we reasonably believe you violated Section 6, created Customer harm, or created regulatory risk.

On termination your Sales Code may stop working and new attribution will end. We may still pay earned, undisputed amounts that later clear, subject to clawbacks. You will stop using our marks. Surviving sections include compensation adjustments and clawbacks, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

THE PROGRAM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT ANY VOLUME OF LEADS, CONVERSIONS, OR COMMISSIONS, OR THAT A COMPARISON WILL CLOSE A SALE, THAT ATTRIBUTION WILL CAPTURE EVERY INTRODUCTION, OR THAT A REP WILL PAY US. Estimates shown to Customers are illustrative only.

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, WATTCHOICE AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST COMMISSIONS, LOST PROFITS, OR LOST BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, WATTCHOICE'S TOTAL LIABILITY UNDER THESE SALES TERMS WILL NOT EXCEED THE AMOUNTS WE ACTUALLY PAID YOU IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100), WHICHEVER IS GREATER. Nothing in these Sales Terms limits liability for fraud or willful misconduct, or any liability that cannot be limited under Texas law.

You will defend, indemnify, and hold harmless WattChoice and its officers, directors, members, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) your marketing, scripts, or statements to Customers; (b) unauthorized access to a utility account, ESIID, bill, or SMT data; (c) your violation of law or these Sales Terms, including slamming, telemarketing, or door-to-door rules; (d) your participation if you are under 16, or if you are 16 or 17 without the guardian acceptance required by Section 3; or (e) taxes on your compensation, except to the extent caused by WattChoice's willful misconduct.

These Sales Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Before filing, email support@watchchoice.net a written description of the dispute and allow thirty (30) days to resolve it informally.

If unresolved, the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association in Harris County, Texas, or by video if the rules allow. If you apply as an individual, the Consumer Arbitration Rules apply. If you apply as an organization, the Commercial Arbitration Rules apply. YOU AND WATTCHOICE WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Either party may bring an individual action in small-claims court in Harris County, Texas if the claim qualifies. You may opt out of arbitration within thirty (30) days after you first accept these Sales Terms by emailing support@watchchoice.net with the subject line "Arbitration Opt-Out" and your name, email, and Sales Code if issued. If the class-action waiver is unenforceable as to a claim, that claim proceeds in court, exclusive venue in Harris County, Texas.

These Sales Terms, the Sales Program Privacy Policy, and any written compensation addendum are the entire agreement about the Program. They supersede prior oral or written Program statements. If a provision is unenforceable, it will be modified to the minimum extent needed, and the remainder stays in effect. You may not assign the Program without our consent. We may assign these Sales Terms in a merger, acquisition, or sale of assets. Failure to enforce is not a waiver. Headings are for convenience only.

We may update these Sales Terms by posting a new effective date on the Services and, for material changes, emailing the address on your Program profile. Continued Program use after the effective date is acceptance. Notices to you may go to that email. Notices to us: support@watchchoice.net, and optionally mail to the address in Section 16.

Sales Program questions: support@watchchoice.net. Mail: PMV 2, LLC, 2368a Rice Blvd, #242, Houston, Texas 77005. D-U-N-S: 10-700-2209. PUCT registration: BR260170.