HOMESERVE CUSTOMER REFERRAL PROGRAM

Terms and Conditions
(“Program Terms”)

The HomeServe Customer Referral Program (the “Program”) offers HomeServe customers (“Referrers”) who are currently enrolled in a plan from HomeServe (“Plan”) and current with all payments the opportunity to make a referral (“Referral”) by sharing a unique invitation link with a unique code (“Referral Link”) from HomeServe USA Corp. (“we”, “our,” or “HomeServe”) with a personal acquaintance, friend, colleague or family member (“Friend”). For each Referral which meets the eligibility requirements below, our Reward redemption vendor, Tango, will deliver by email a link to redeem a $25 gift card (“Reward”) to Referrer. By signing up for the Program, Referrer agrees to these Program Terms.

1. Eligibility. For a Referral to be eligible for a Reward (a “Successful Referral”):

  1. Referrer must be a legal resident of the United States, at least 18 years of age and be enrolled in one or more active Plans and current with all payments at the time of: (i) signing up for the Program; (ii) obtaining a Referral Link; (iii) making the Referral; (iv) Friend’s enrollment; and (v) Reward issuance;
  2. Referrer agrees to these Program Terms before making a Referral;
  3. When sharing a Referral Link with a Friend, Referrer must:
    1. disclose “Offer not available everywhere. If you sign up, I get a gift card,”
    2. not make any misrepresentations or unsubstantiated claims about the Plan(s), and
    3. not claim to be a HomeServe employee or agent;
  4. The Friend enrolls in one (1) or more Plans using the Referral Link;
  5. The Friend’s Plan enrollment is for a residential property in any of the following U.S. states: AL, AZ, AR, CO, CT, DE, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, WV, WI, or WY or Washington D.C. (and not AK, CA, FL, HI, VT or WA; and
  6. The Friend remains enrolled in the Plan and current with all payments for at least 90 consecutive days after the Friend’s date of enrollment processing.

2. Program Limitations.

  1. Rewards per Referrer may not exceed $500 in a calendar year (the “Annual Maximum”), with no more than $250 per any one (1) Friend (the “Friend Maximum”).
  2. Any Rewards earned in excess of the Annual Maximum or the Friend Maximum may not be carried forward into future years or carried back to prior years.
  3. Limit one (1) Reward per Friend’s enrollment transaction, even if Friend enrolls in multiple Plans at the same time.
  4. Neither Referrer, Friend nor their spouses may be an employee or contractor of HomeServe either at the time of Referrer signing up for the Program or at the time of the Friend’s enrollment.
  5. Referrer agrees that all Program communications will use the email address provided by Referrer at the Program sign-up (“Email Address”).
  6. Referrer may use the Program only to encourage Friends to enroll in a Plan.
  7. Referral must be made to a third-party Friend. Referrer may not earn a Reward for enrolling in a Plan for a home they own.
  8. HomeServe reserves the right to terminate or modify the Program and these Program Terms at any time and without prior notice.
  9. All Program and Reward decisions are made by HomeServe in its sole discretion and are final and binding.

3. Referral Link Expiration and Terms. The Referral Link expires within 180 days from the date of issuance. Upon expiration of a Referral Link -- provided the Program is active -- the Referrer may obtain a new Referral Link by visiting their My Account at www.HomeServe.com (the “Website”).or: Referral Link. Limit one (1) Referral Link per Referrer at a time. If the Friend enrolls in a Plan after the Referral Link has expired and the Referrer has not secured a new Referral Link by the time of Friend’s enrollment, the Referrer shall not be eligible for any Reward associated with that enrollment.

4. Delivery of Reward. For each Successful Referral, a link to redeem a Reward (“Redemption Link”) will be delivered to Referrer’s Email Address via our Reward redemption vendor - Tango - with instructions from noreply@tangocard.com. Gift cards, and the Redemption Link, sent by Tango are subject to Tango’s terms and conditions – at Tango's Terms (the “Tango Terms”). After Referrer clicks the Redemption Link, Referrer will be directed to a rewards catalog with 100+ premium gift card brands to choose from—including restaurants, entertainment, travel, and apparel. To review the status of your enrolled Referrals and your Rewards, sign in or create a My Account on the Website.

5. Bulk Distribution; Spam. Referrer may only distribute Referral Links in a personal manner appropriate and customary for communications with a Friend. Bulk email distribution, distribution to strangers, or posting the Referral Link to third party deal sites is not permitted by these Program Terms. Posting a Referral Link on Referrer’s personal social media accounts where Referrer’s connections or followers are Friends is permitted.

6. Limitations on Rewards. The type, amount or value of Rewards, if any, are determined at the sole discretion of HomeServe. The specific Reward in effect at any time will be those posted and described in the Program Terms at the time the Friend enrolls in a Plan from the Referral Link. HomeServe may delay or refuse to issue a Reward at its sole discretion, including, without limitation, for suspected fraud or the inability to verify a Friend’s identity. Rewards obtained in violation of these Program Terms will not be honored. In such cases, the Referrer forfeits the right to receive Rewards, now or in the future and, any previously issued Rewards may be revoked or reclaimed by HomeServe. If Referrer receives more Rewards to which they are entitled, those excess Rewards may also be revoked or reclaimed by HomeServe at any time. All decisions by HomeServe regarding Program participation, eligibility and Rewards are made in its sole discretion and are final and binding.

7. Compliance. Referrer must comply with all applicable laws, rules, regulations, or other requirements of a governmental authority with jurisdiction over the Program, including without limitation any federal, state or other laws governing (a) marketing email and communications, such as the CAN-SPAM Act of 2003; (b) text or SMS communications, such as the Telephone Consumer Protection Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act and applicable implementing regulations; (c) the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; (d) data regulations; and (e) any anti-bribery or anti-corruption laws. Referrer must not create multiple, fictitious or fake accounts with HomeServe or participate in the Program as both the Referrer and the Friend. Referrer may not 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, fraudulent, defamatory harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, Referrer 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. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, HOMESERVE RESERVES THE RIGHT TO (a) CANCEL ANY PLANS IN WHICH REFERRER IS ENROLLED; (b) PERMANENTLY PROHIBIT REFERRER FROM ENROLLING IN A PLAN IN THE FUTURE; and (c) SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING POTENTIAL CRIMINAL PROSECUTION.

8. Indemnification. By signing-up, Referrer agrees to defend, indemnify, release and hold harmless HomeServe, and its affiliates and subsidiaries, together with their respective employees, directors, officers, shareholders, attorneys and agents (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, violations of applicable of law, any property loss, or damage, caused to any person(s)) or the awarding, receipt or use or misuse of a Reward.

9. Liability. REFERRER UNDERSTANDS AND AGREES THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO REFERRER 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 HOMESERVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WITH RESPECT TO THE PROGRAM. 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 Referrer for failure to supply any Reward, 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’ reasonable control. TO THE FULLEST EXTENT PERMITTED 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 THE AMOUNT OF REWARDS ACTUALLY PAID TO REFERRER.

10. Disclaimer of Warranties. REFERRER EXPRESSLY UNDERSTANDS AND AGREES THAT: (a) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND HOMESERVE 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 THE FOLLOWING WITH RESPECT TO 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 REFERRER’S REQUIREMENTS OR EXPECTATIONS, (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 REFERRER THROUGH THE PROGRAM WILL MEET REFERRER’S EXPECTATIONS, AND (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM WILL BE ACCESSED AT REFERRER’S OWN DISCRETION AND RISK, AND REFERRER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO REFERRER’S COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

11. Governing Law; Entire Agreement; Severability. These Program Terms are governed by the laws of the State of New York. If any provision of these Program Terms shall be held to be illegal, invalid, or unenforceable, Referrer agrees that such provision shall be enforced to the maximum extent permissible to affect the intent of HomeServe, and the validity, legality and enforceability of the remaining provisions of these Program Terms shall not in any way be affected or impaired thereby. These Program Terms constitute the complete statement of the agreement and final understanding between Referrer and HomeServe with respect to the Program and supersedes and terminates any and all prior or contemporaneous negotiations, representations, understandings, discussions, offers or agreements, whether written or verbal, express or implied, relating in any way to the Program.

12. Privacy. Any personal information Referrer makes available to HomeServe in connection with the Program may be collected, used and shared by HomeServe in accordance with HomeServe’s Privacy Policy, which is available, and updated from time-to-time, at https://www.homeserve.com/sc/legal/privacy-policy. Referrer represents to HomeServe, by providing HomeServe any personal information of any Friend in connection with a Referral, that Referrer is authorized to do so and that the provision to HomeServe of such information does not violate any applicable laws.

13. Links; Third Party Transactions. These Program Terms contain links to websites or applications not maintained by HomeServe. Referrer should be aware when leaving the Website and read the terms of use and privacy statements of each website or app that they use. We make no representations about any other websites that may be accessed from the Website, including, without limitation, Tango’s websites. All statements or representations expressed in any such third-party content, other than the content provided by HomeServe, are solely the responsibility of the person or entity providing those materials. If Referrer chooses to access any such websites, Referrer does so at their own risk. We have no control over the contents of any such third-party websites and accept no responsibility for such sites or for any loss or damage that may arise from Referrer’s use of them. Referrer acknowledges that all transactions relating to any merchandise or services offered by any third party in connection with a Reward, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third-party seller or purchaser of such merchandise and services and them. Any representation or guaranty, including but not limited to any manufacturer’s warranties, that are provided in connection with any products, services, or materials available from a third party is provided solely by such third party and not by us.

14. Program Terms ; Conflicts. These Program Terms incorporate (a) the Website Terms of Use available, and updated from time-to-time, at https://www.homeserve.com/sc/legal/terms-of-use (the “Terms of Use”), which govern HomeServe’s websites, mobile applications and other online services; and (b) the Tango Terms, solely as it relates to the Referral Redemption Links and gift cards issued in respect of Rewards. If there is a conflict between these Program Terms and the Terms of Use or Tango Terms, these Program Terms shall control and the non-conflicting provisions in these Program Terms will continue to apply.

15. Waiver of Right to Jury Trial. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, REFERRER AND HOMESERVE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY. This jury trial waiver also applies to claims asserted against any of the officers, directors, managers, employees, agents, affiliates, insurers, technicians, approved technicians, successors or assigns of HomeServe. Referrer and HomeServe agree that any of them bringing a claim may choose to bring an individual action in small claims court instead of arbitration, so long as the claim is pursued on an individual rather than a class-wide basis and that none of them may participate in a class action lawsuit. In addition, if, notwithstanding the Arbitration Agreement (as defined below), a claim proceeds in a court of general jurisdiction instead of arbitration, Referrer and HomeServe agree that they will not bring or participate in a class action lawsuit.

16. Arbitration Agreement. These Program Terms include a binding Arbitration Agreement. The Arbitration Agreement can be found at Arbitration Agreement (the “Arbitration Agreement”) and is incorporated herein. Please review the Arbitration Agreement carefully. It affects Referrer’s rights. If a dispute cannot be resolved through the informal settlement conference, the parties agree to address the dispute through binding individual arbitration. Class and representative proceedings are not allowed. In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision. There is no judge or jury in arbitration and the arbitrator applies the same law and can award the same individual remedies as a court. The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.

17. Amendment or Modification. HomeServe reserves the right to change, amend or restate these Program Terms at any time, without notice to Referrer. Referrer’s continued participation in the Program constitutes acceptance of any changes to these Program Terms. Referrer should review these Program Terms periodically to determine if any changes have been made. The most current version of the Program Terms, which supersedes all previous versions, is available at customer referral terms.