Referral Program Terms

These Referral Program Terms, between you and Sola, describe and govern your participation in the Sola Referral Program. This program provides Users the opportunity to direct Referrals to Sola as potential customers using a Referral Link. Your participation in the Referral Program is subject to its terms and conditions. Any capitalized terms used but not defined in Section 8 of these Referral Program Terms have the meaning provided in the Sola terms and conditions agreement. We may update or replace these Referral Program Terms by posting an updated version to our website.

1. Your Eligibility

To be eligible to participate in the Referral Program, you must abide by these Referral Program Terms and be:

• a Sola User on a Sola Account that is maintained in good standing; and
• a natural person who is at least 18 years old and legally permitted to receive Referral Credits.

You are prohibited from participation in the Referral Program if:

• you were a User on a Sola Account that was terminated by Sola for any reason;
• you are legally or contractually prohibited from receiving Referral Credits;
• Sola determines that you violated any provision of these Referral Program Terms, guidelines related to the Referral Program, or other agreement you have with Sola.

2. Eligible Referrals

Where permitted to participate in this Referral Program, you will be provided one or more Referral Links that can be provided to potential Sola customers. These companies must use your Referral Links to qualify as a Referral. Sola may approve or reject applications submitted by Referrals using any criteria it determines is appropriate whether publicized or not. Referrals will not qualify for Referral Credits if they have or attempted to open a Sola Account at any time, are engaged in activities identified on the Prohibited Activities List, or fail any criteria we establish for approval. If a Referral is submitted by another referrer, you will only receive a Referral Credit if your Referral Link is associated with the application approved by Sola.

3. Referral Links and Referral Credits

Referral Links may only be used by you in conjunction with this Referral Program. You may not transfer them to a third party or sell or attempt to sell them. Sola may limit access or use of Referral links, or establish maximum Referral Credits, at any time and in its sole discretion. Sola owns all rights in Referral Links and any content or intellectual property associated with it. Sola will provide any earned Referral Credits to you in a manner stated on your referral page (for example, as points attributed to your Sola Account or as a gift card). Sola may withhold Referral Credits that you are otherwise entitled to if we believe that you breached these Referral Program Terms or other agreements with Sola, if you engaged in activity that was illegal or fraudulent, or if we determine that a Referral Credit was provided to you erroneously. You are responsible for all taxes arising from or related to Referral Credits you receive. Sola will not report any income or earnings related to Referral Credits to taxing authorities except where required under law.

4. Restrictions

As part of this Referral Program, you agree to:

• not represent yourself as an employee or agent of or suggest any affiliation or partnership with Sola, or claim to be authorized to speak on behalf of Sola;
• not send uninvited messages through any medium (email, phone, fax, social media, etc.); not use automatic dialing apps, scripts, or bots to send messages to third parties; and will at all times comply with applicable laws, including but not limited to CAN-SPAM, TCPA, and state and federal privacy laws;
• always send Referral Links as your true self and will not impersonate or claim to represent either real or fictitious third parties, or engage in anything that may be considered unfair, deceptive, or abusive acts or practices (UDAAP) or fraud;
• not create or use Referral Links in the context of anything that violates individual rights, promotes violence, hate, or discrimination, or is obscene or offensive;
• not use name “Sola” or the Sola logo in any public advertising or marketing unless expressly permitted to do so by Sola in writing;
• not infringe the privacy or intellectual property rights of third parties. Violation of this section will result in your termination from the Referral Program and forfeiture of any Referral Credits that you have not already received.

5. Termination

These Referral Program Terms are effective as of the time you first send or generate a Referral Link and will terminate upon Notice by either you or Sola to the other party. Sola may terminate these Referral Program Terms upon Notice to you at any point in time.

6. Other Legal Terms

These Referral Terms integrate into the Notice, Governing Law, and Arbitration provisions of the Platform Agreement. Sola’s maximum liability to you for direct damages under these Referral Program Terms is limited to the total Referral Credits paid or payable to you in the preceding three-month period. Sola is not liable to you for consequential, indirect, special, or punitive damages, lost profits or revenue whether or not you advised us of their possibility. This limitation will apply regardless of the legal theory on which your claim is based. Sola may modify these Referral Program Terms at any time by posting an updated version to our Referrals page.

7. Entire Agreement

These Referral Program Terms constitute the entire understanding between you and Sola for the subject matter described and no other agreements, representations, or warranties other than those provided in these Referral Program Terms will be binding unless in writing and signed by The Agency and Sola.

8. Defined Terms

Capitalized terms in these Sola Referral Terms will have the meaning provided in the Terms and Conditions Agreement or as defined below:

• Referral means a company that has not previously submitted an application for a Sola Account and submits an application for a Sola Account using your Referral Link.
• Referral Program Terms means these Sola Referral Program Terms as amended from time to time.
• Referral Credit means a monetary amount (such as a gift card or other monetary credit) or other benefit conferred by Sola (such as a credit of points to a Sola Account) for a Successful Referral.
• Referral Link means a URL provided by Sola to you that can be provided by you to companies that you wish to refer to Sola.
• Referral Program means the Program described on our website as governed by these Referral Terms.
• Successful Referral means a Referral meets the criteria specified in these Referral Terms and has an application approved by Sola.
• Third-Party Referrers means third parties that are not affiliated with a Sola Account that participate in the Referral Program. And “you” means the natural person executing this agreement or providing Referrals to Sola.

Rewards Terms

These Rewards Terms govern The Agent’s participation in the Rewards Program and describe how The Agent may be eligible for, accrue, earn, redeem, and forfeit Points or Rewards. By opening and maintaining a Sola Account in good standing, The Agent is automatically enrolled in the Rewards Program.

We may update these Rewards Terms at any time by posting an updated version to our legal page. For example, we may:

• Change the eligibility of certain Sola Accounts or Programs for participation in the Rewards Program
• Change when, how, and under what conditions you may earn or redeem Rewards or Points
• Change Multipliers, including eligible categories and definitions of categories
• Limit accrual and redemption of Points, including through caps, fees, and expiration
• Restrict or exclude certain types of transactions, purchasing categories, and merchants from accrual of Points
• Change the availability of, eligibility for, and conditions applicable to Restricted Rewards, Tiers, Multipliers, Points, or any other aspect of the Rewards Program
• Terminate the Rewards Program

Available Rewards are subject to change at any time. You may only participate in the Rewards Program if you accept all of these Rewards Terms. These Rewards Terms are effective when you activate your Sola Account.

1. Earning Rewards

1.1 Requirements and Eligibility for Participation

To participate in the Rewards Program, your Sola Account must be continuously in good standing.

If your Sola Account is not in good standing for any reason, or we determine in our sole discretion that you are abusing, gaming, or misusing the Rewards Program or have otherwise violated our Terms and Conditions Agreement or any of the terms, agreements, and policies incorporated by reference, you may be ineligible to accrue Points or earn or use Rewards, and you may forfeit any Rewards or Points previously earned or accrued.

Certain Sola Accounts may not be eligible to participate in the Rewards Program. We may update or change eligibility criteria, restrictions, and requirements at any time.

Available Rewards may vary based on the number or types of Services The Agent uses, The Agent’s industry and location, how long The Agent has been a Sola customer, and other factors determined in our sole discretion. We may otherwise condition, restrict or limit available Rewards in our sole discretion.

1.2 Accruing Points

You may accrue Points through use of the Services. The specific Points you may accrue may be different depending on factors including the Services you use, the Rewards Tiers offered, and your eligibility. We may limit accrual and redemption of Points, including through caps, fees, and expiration.

Certain transactions may be excluded from accruing Points, including the cancellation of policies. We may determine it is excluded from eligibility for Points accrual at any time.

1.3 Reversals and Failure to Accrue

The accrual of Rewards or Points may be netted against canceled policies (such as refunds or chargebacks) or where we determine, in our sole discretion, that the conditions required for accrual of Rewards or Points were not satisfied. If this results in a negative Rewards or Points balance, we may subtract a proportionate number of Points from commissions or any future Points that would otherwise accrue to your Sola Account.

1.4 Rewards Tiers

We may establish Rewards Tiers with separate criteria for participation, and with distinct benefits, such as access to certain Restricted Rewards or different Rewards Multipliers. While we may publicize certain requirements for participation in a Rewards Tier, we will ultimately make independent evaluations as to whether The Agent qualifies for any given Rewards Tier. We may use any information that you provide to Sola, or that we have access to, when determining qualification for a Rewards Tier and we are under no obligation to disclose the factors taken into consideration when making our determination. The Agents eligibility for a Rewards Tier may be changed at any time in our sole discretion. Please contact us if you believe that you qualify for a specific Rewards Tier.

1.5 Restricted Rewards

Restricted Rewards may only be available to a subset of Sola customers or in limited quantities. For example, a Restricted Reward may provide certain Users satisfying specific requirements the option to attend an event with a limited number of seats. Redemption of a Restricted Reward will depend on the conditions that must be satisfied prior to exhaustion or expiration. You are not guaranteed access to Restricted Rewards, even if the exact number of redemption options or requirements are not communicated to you.

1.6 Additional Rewards Terms

Certain Rewards (including Restricted Rewards, Tiers, and Multipliers) or Points may be subject to additional terms and conditions that will be provided to you if applicable. For example, Sola may determine Rewards or Points redemption ratios and the timing of such redemption. Any Rewards partnerships with Third-Party Service Providers may also be subject to additional terms and conditions determined by the Third-Party Service Provider. You are responsible for reviewing and understanding any such additional terms and conditions, and we disclaim any liability for claims that may arise in connection with Third-Party Service Providers.

2. Using Rewards

2.1 Points are not Property

Points are not your property. Any Points accrued by Users will be reflected in the Agents Account in accordance with these Rewards Terms. Points may only be redeemed by users.

Rewards are not transferable to any third party or any other Sola Account unless otherwise specified by Sola in any Rewards Program. Any non-permitted attempt to transfer Rewards is void, and any Rewards or Points that you attempt to transfer may be forfeited.

2.2 Redeeming Rewards

We display The Agents Rewards and redemption options in your Sola Account. Redemption options are subject to change and are subject to the terms, conditions, and availability of offers by external companies. The value of Points will vary depending on how authorized Users elect to redeem them, or in Sola’s sole discretion in accordance with these Rewards Terms. Rewards offerings with Third-Party Service Providers are not guaranteed and are subject to change or expire, either in Sola’s sole discretion or at the discretion of Third-Party Service Providers, with or without Notice. We or Third-Party Service Providers may condition when and how you can redeem Points or how you may earn Points or Rewards. For example, a Third-Party Service Provider may limit use of a Reward for their products or services to their new, or existing customers, or require use of a Reward before a specific date or impose a limit on the minimum or maximum number of Points that may be used.

We may limit use or redemption of Rewards or Points to specific authorized Users or accounts. You are solely responsible for ensuring that any actions taken by Users to use or redeem Rewards do not violate The Agencies policies or rules and any applicable industry practice, ethical obligations, or laws or regulations applicable to your specific business.

2.3 Redemption Ratios

We may change Points redemption ratios or revoke availability of redemption in our sole discretion with or without Notice.

2.4 Privacy

Users may be required to provide personal information to redeem Rewards, which may be provided to third parties. Users who redeem Rewards or Points provided by Third-Party Service Providers consent to Sola providing personal information for these purposes. Please review our Privacy Policy.

2.5 Taxes

The Agent understands that it is responsible for determining and obtaining appropriate tax treatment for any Rewards it redeems, and The Agent is solely responsible for any taxes arising from or related to any earned Rewards. Sola will not report any income or earnings related to Rewards to a taxing authority, except where expressly required by law.

3. Losing Rewards

3.1 Disqualification

You may be disqualified from participating in the Rewards Program if at any time you attempt to or otherwise game or misuse Rewards, Points, or the Rewards Program. Where we determine, in our sole discretion, That Agent no longer satisfies the requirements for participation in the Rewards Program, we may disqualify you and you may lose any Rewards or Points that you may have accrued.

3.2 Suspension or Termination

In the event of (a) suspension, or (b) termination of your Sola Account, your accrued Rewards or Points may be forfeited, and we may freeze your ability to redeem Rewards. We may refuse any request to use Rewards or Points, or terminate your participation in the Rewards Program if your Sola Account is not in good standing, if any payments are past due, if your Sola Account has been terminated, or if you have otherwise breached any of your obligations under the Terms and Conditions and applicable Programs. You may lose all accrued Rewards or Points when your account is terminated, either by you or us. If your Sola Account is delinquent, you do not accrue Rewards or Points.

If you do forfeit Points, we may allow you to regain these Points in our sole discretion, and we may charge a Fee or require you to pay all amounts owed to us, or place other conditions for doing so.

4. General Provisions

4.1 Changes to these Rewards Terms

We may modify these Rewards Terms or provide another agreement governing your use of the Rewards or any portion of them by providing you Notice. Any waiver, modification, or indulgence that we provide to The Agent, of any kind or at any time, applies only to the specific instance involved and will not act as a general waiver or a waiver, modification, or indulgence under these Rewards Terms for any other or future acts, events, or conditions. Further, any delay by Sola in enforcing our rights under these Rewards Terms does not constitute forfeiture of such rights.

4.2 Termination of the Rewards Program

Sola may terminate the Rewards Program or any Tiers at any time. If The Agents Terms and Conditions is terminated, these Rewards Terms will immediately terminate.

4.3 Other Legal Terms

Sola may assign, pledge, or otherwise transfer the administration of these Rewards Terms without providing Notice to you.

You release Sola from all liability for your use of Rewards and for your participation in the Rewards Program. Separately, you release Sola from liability for third party claims in accordance with these Rewards Terms.

5. Defined Terms

Capitalized terms in this Sola Rewards Terms will have the meaning provided in the Platform Agreement or as defined below:

• Multipliers means any promotion provided by Sola that applies one or more Point per dollar of premium generated, as determined by Sola.
• Points mean a unit that may be accrued or earned in a manner defined by Sola and has no monetary value.
• Restricted Rewards means any Reward that is available for a limited time, in a limited quantity, to a certain Rewards Tier, or otherwise in time, scope, or to a subset of Sola customers.
• Rewards means Points, credit, or other benefits conferred by Sola through participation in the Rewards Program.
• Rewards Program means the program offered by Sola described on our Rewards page as governed by these Rewards Terms.
• Rewards Terms means these Sola Rewards Terms as amended from time to time.
• Tier means a status designated by Sola that may include additional benefits, access to exclusive Rewards, or specific Multipliers.
• The Agent means the User who is appointed with Sola and is using the account.