As used throughout these terms and conditions, “Agreement” collectively refers to the Independent Sustainable Solar Application and Agreement, which hereby incorporates by reference the Compensation Plan, and any other document incorporated by reference in the aforesaid. These documents, in their current form, and as may be amended by Sustainable Solar at its sole discretion, constitute the entire contract between Sustainable Solar and the be binding on the parties unless in writing and signed by an authorized officer of Sustainable Solar.

1. I understand that I will be paid per kWp for selling residential solar to homeowners as described respectively $250/kW for Leases and $500/kW for Finance and Cash Deals.

2. I understand that the commission displayed in the presentation is depicting of an average sized solar system (6kW) under a finance structured deal which would equal to $3,000. I understand that every deal will not be payed out at $3,000. Some will be higher and some will be lower.

3. I understand that I will be paid 1/3 of my commission for my solar project after the deal is approved which takes place after the site survey is completed, and the remaining 2/3rds a week after my deal is installed.

4. I understand that as an Independent Solar Consultant: a) I am granted the nonexclusive right to offer for sale Sustainable Solar products and services in accordance with the Agreement, b) I have the right to enroll persons in Sustainable Solar, c) If qualified, I have the right to earn commissions pursuant to the Sustainable Solar Compensation Plan.

5. I agree that as a Sustainable Solar Consultant I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Sustainable Solar. I understand and agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, loading, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF SUSTAINABLE SOLAR FOR ANY PURPOSE. Sustainable Solar is not responsible for tax withholding, and reserves the right to refuse to withhold or deduct from my bonuses and commissions, if any, taxes of any kind, even if requested or agreed to by me in order to comply with any governmental order of backup withholding. I understand I am responsible to pay all applicable federal and state taxes and/or license fees that may become due as a result of my activities as an Independent Contractor.

6. If eligible, I will be compensated for the sale of solar products and those products sold through my sales organization. Sustainable Solar never compensates for the mere act of sponsoring. The sale of solar products to end consumers must be emphasized in all presentations.

7. I understand that Sustainable Solar’s program is built upon deals closed to the ultimate consumer. Sustainable Solar only pays compensation for the sale of solar products.

8. I have carefully read and agree to comply with the Agreement. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Sustainable Solar. I understand that these Terms and Conditions or the Sustainable Solar Compensation Plan may be amended at the sole discretion of Sustainable Solar, and by submitting this application I agree to abide by all such amendments. Amendments shall be binding immediately after notification is released through email. The continuation of my Sustainable Solar business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments. The term of this Agreement is one year (subject to prior cancellation for inactivity).

9. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of Sustainable Solar. Any attempt to transfer or assign the Agreement without the express written consent of Sustainable Solar renders the Agreement voidable at the option of Sustainable Solar and may result in termination of my business.

10. I understand that I am responsible for the Referral payouts in the amounts of $10 per referral, $90 per referral closed, and $400 per system installed.

11. I represent and warrant that my participation as an Independent Solar Consultant does not breach, violate, or otherwise interfere with any current agreements, past agreements, or surviving clauses of previous agreements, into which I have entered with any other direct sales, or other business venture.

12. Sustainable Solar, its affiliated companies, directors, officers, employees, assigns, and agents (collectively referred to as “Agents”), shall not be liable for, and I release Sustainable Solar and its Agents from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Sustainable Solar and its Agents from all liability arising from or relating to the promotion or operation of my Sustainable Solar business and any activities related to it (i.e., the presentation of Sustainable Solar products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Sustainable Solar for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.

13. I understand that I am expected to provide my own mobile data service and computer/laptop for purposes of selling Sustainable Solar & Storage services.

14. I understand that my participation as a Solar Consultant does not restrict my participation in another direct sales opportunity.

15. I understand and agree that if I elect to participate in another non-competing direct sales opportunity, I will maintain separate organizations, independent of one-another, for each such non-competing opportunity.

16. The Agreement, in its current form and as amended by Sustainable Solar at its discretion, constitutes the entire contract between Sustainable Solar and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.

17. Any waiver by Sustainable Solar of any breach of the Agreement must be in writing and signed by an authorized officer of Sustainable Solar. Waiver by Sustainable Solar of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.

18. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.

19. I understand that my job requires me to provide excellent customer service to all Sustainable Solar clients and to do everything within my power to service any client’s concern.

20. I understand that if I end my Agreement with Sustainable Solar for any reason whatsoever, I will forfeit all outstanding commissions owed to me at the time.

21. If an Independent Contractor wishes to bring an action against Sustainable Solar for any act or omission relating to or arising from the Agreement, such action must be brought within six months from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Sustainable Solar for such act or omission. Member waives all claims that any other statute of limitations applies.

22. a) I expressly agree to the collection, collation, processing, disclosure, retention and/or use of personal information by the Company for purposes of appointing me as a consultant of the Company and maintaining my membership which includes, without limitation, information contained in the Application. b) The nominated address of the Company is set out at the beginning of the Application. c) The Data is required in order to enable the Company to activate and effectively manage my membership and as such is mandatory. d) I acknowledge that my consent so provided is given freely and voluntarily and I am under no obligation to provide this consent should I choose not to do so. However, a failure to provide such consent shall result in me not being eligible to be a member of the Company. e) I authorize Sustainable Solar to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.

23. I understand that I cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, the Company.

24. The Company reserves the right to accept or reject any applicant and is under no obligation to offer any reason for rejection. The Company is under no obligation to notify an applicant of an incomplete or faulty application.

25. A faxed or online copy of this Agreement shall be treated as an original in all respects.

26. I agree to provide all necessary personal identification in the forms of, but not limited to, a driver’s license, upon request.

27. I agree to conduct myself in regard to the highest levels of professionalism and to protect and enhance the business reputation of Sustainable Solar.

28. I agree to maintain a strong working knowledge of the products, services, guarantees and warranties of the products offered by Sustainable Solar to such a degree as to always represent Sustainable Solar to the highest, agreed upon, product and service standards, as expressed and tested during all training sessions provided by Sustainable Solar.