Sales Policy

Introduction

Empower Home Services is committed to honest, ethical and legal sales practices. Failure to comply with this Code of Conduct will result in disciplinary action, chosen at Empower Home Services discretion, which may include retraining, fines, an account or accounts taken out of your name (including a chargeback or loss of commissions), loss of bonuses, suspension and/or termination of your contractor agreement with the company, civil lawsuit, criminal prosecution where appropriate, and responsibility for any and all costs associated with any disciplinary action. Empower Home Services reserves the right to terminate any Sales Contractor at any time for no reason, or upon the occurrence of any violation of its Code of Conduct directives.

Summary of Certain Policies

Although it is impossible for us to list every possible way in which you could be subject to discipline, the examples below represent a summary of a few of the terms which could violate the underlying principles of honesty, integrity, and fair-dealing required by Empower Home Services Code of Conduct for Sales Contractors.

1. CONTRACT

1. Ensure that you correctly and completely include all relevant information when preparing a customer contract. Do not include any untrue information on the customer contract, including putting in temporary contact or payment information.
   1. All required information must be filled out completely and the contract must be signed by the customer prior to the activation of Services.
   2. If using a paper contract, all information should be visible on the customer’s carbon copy of the contract, which must always be left with the customer.
2. Do not include your contact or payment information, or information of any Empower Home Services Sales Contractor, as an “emergency contact” for the customer.
3. Do not take any action that is contrary to state or federal law regarding any customer Right to Cancel or “cooling-off period.”
   1. Do not tell a potential customer that they can cancel their contract at any time or that their contract is only a trial period.
   2. Do not extend a customer’s cancellation period past the legal Right of Rescission.
4. Do not modify, in any way (either orally or in writing), the language of a customer contract, before or after the customer signs the contract.
5. The language spoken in the oral sales presentation must be the same language as the customer agreement and the Verification Call.
   1. For example, do not give a sales presentation in Spanish if the customer is signing a contract in English.
6. Until a customer's solar system is fully funded for a period of one full year from the date of PTO, all payments are considered payment advances. Any payment advances paid to date for a customer that cancels prior to the one year anniversary of PTO, will be deemed unearned and subsequently collected by the Company.

2. CREDIT CHECK / PERSON ON THE CONTRACT

1. You are required to clearly inform potential customers that the respective financier will conduct a credit check and obtain express permission for each individual whose credit you wish to run. This applies when running credits through any method.
   1. This includes using or running the credit of an individual with another individual’s permission. For example, a wife allowing you to run the credit of her husband without you obtaining his express permission is not allowed.
   2. Deceased individuals cannot give permission and should not be used on a contract.
   3. Simply telling a customer that you need to see if they are the homeowner or you need to check to see if they are authorized for our offering or other non explicit language is not sufficient.
2. Do not run the credit of anyone unless they are a prospective customer.
   1. Running your own credit, the credit of a friend, family member, or neighbor is prohibited.
   2. Running the credit of any non prospective persons is expressly prohibited and will result in immediate termination.
3. Do not violate the financier’s cosigner policy.
4. If the Service requires the customer to be a homeowner, do not sell to any person who is not on the title of the home, including those who are renting, intend to buy the home, or are renting to own.
5. Be aware of the capacity of each potential customer to enter into a customer agreement voluntarily, intentionally, and knowingly. For example, the elderly, disabled, and those taking medications.
   1. Selling Services to an elderly customer, someone under the influence of drugs or alcohol, or someone who has a disability that does not have the capacity to enter into a contract, is not allowed.
   2. If you are unsure about the individual’s capacity, you should ask if there is a Power of Attorney for the potential customer or a friend or family member who helps the potential customer make important decisions.
   3. Solar and Storage products may not be sold to individuals over the age of 85 without Power of Attorney approval.

3. CRIMINAL / FRAUD

1. Do not impersonate, or allow another to impersonate, any person on any call at any time, with or without permission.
2. Do not sign any document, or allow another to sign any document, on behalf of any person. This applies regardless of whether the person gives you or another permission. For example, do not allow a wife to sign her husband’s name on the contract with or without his permission.
   1. In cases where someone has Power of Attorney, that person should not sign the other person’s name. The person who has the Power of Attorney needs to sign their own name with Power of Attorney printed after it. That person would also need to supply you with a copy of their Power of Attorney paperwork, which you must turn in with the contract in order to be paid on the account.
   2. All customer signatures on digital contracts must be executed by the customer on their own device.
3. Do not give legal advice to anyone in respect to selling Services for Empower Home Services, especially a customer. For example, telling a customer they can get out of a contract or that they are already out of a contract with their prior company.
4. Never enter into, or appear to enter into, any agreement, or appearance of an agreement, on behalf of Empower Home Services.

4. LICENSING / SALES AREA

1. Sell only in areas where you know that you and the company are properly licensed, including state and local licenses such as a peddler’s or solicitor’s license, and has been approved by the Company.
   1. If you receive a citation for soliciting without a license, you will be personally responsible for paying the fine and any negative consequences resulting from the citation.
   2. You are personally responsible for knowing whether you are properly licensed in any area to solicit or sell. If you have any questions about your licensing status consult the applicable municipal, state, and federal laws that apply.
   3. You must carry a physical copy of your license at all times and you must show it upon request to anyone that asks.
   4. You must always cooperate with police officials.
2. Do not sell or solicit in non solicit areas or where door to door sales is prohibited.
   1. If someone has a no soliciting sign and they ask you to leave, you must do so immediately, without argument.

5. MANIPULATING POLICIES / SYSTEMS

1. Do not suggest or tell a customer that they can call the corporate office to get a shorter contract length, to change their payment method to manual billing, or anything contrary to the original contract terms.
2. Do not state or imply that a customer should answer the Empower Installer Welcome Call questions a certain way. Explaining what questions will be asked is appropriate, but reps must not tell the customer how to answer each question.
   1. The Empower Installer Welcome Call must be completed before the installation of Services.
3. Never provide any false information in the creation of an account, with or without the intent to later change it to the correct information.
   1. Do not attempt to manipulate credit checks or customer information in any way. For example, changing an address, changing the name of a potential customer, changing the birth date of a potential customer, running additional credit checks, or adding non qualified customers to accounts.
4. Do not, in any capacity or under any circumstances, use a Sales Contractor identification number other than your own.
   1. This includes not putting a sale in another Sales Contractor’s name or putting a person’s name on the customer contract as the Authorized Sales Contractor other than the person who sold the account.

6. MISREPRESENTATION (GENERAL)

1. Affirmatively represent yourself as an authorized dealer of Empower Home Services.
2. Do not use, make, or hand out any other marketing materials, including fliers or business cards, that represent Empower Home Services, unless it has been pre approved by Empower Home Services marketing department.
3. Do not state or imply that you are with, affiliated with, working with, sponsored by, or endorsed by the utility or any other official or governmental agency.
   1. This is true even if you personally know of a government official or police officer, for example, that has an Empower Home Services system.
   2. Do not state or imply any affiliation with or endorsement by any Utility, Homeowners Association, or Property Management.
4. Do not state or imply that the Veterans Administration, Medicare, Senior Assistance, Welfare, the government, or any other program will pay for the monthly fee of the Service, or any portion of it, for any customer.
5. Do not use any other offers or voucher in the sale of Services, unless it has been pre approved by the corporate office.
6. Ensure you accurately represent the functionality of all Empower Home Services or any of Empower Home Services's partners equipment.
   1. For example, do not inform customers that solar panels will work at night, government tax incentives will always be a check in the mail, or that solar will backup their home when the power is down without a battery pack, etc.
7. Do not promise a customer they will receive a homeowner’s insurance discount for having Services activated in their home, or that their Services rate will be less due to a homeowner’s insurance discount.
8. If you promise a payment or credit to a customer for any reason, such as a referral bonus or free months of service, promptly fulfill that commitment to the customer.
   1. All reroofs promised to a customer and fulfilled by the sales professional are not approved until the permit with the Authority Having Jurisdiction approves the solar permit. If the sales contractor elects to personally fulfill on the reroof, they assume all responsibility for payments and liability for the reroof.
9. Never state or imply a reason for giving the customer a discount or promotion which is not factual.
   1. Never inform a customer that they are getting the equipment or service for free.
10. Never give customers tax advice. Sales Contractors will refer customers to a Tax Professional if questions about state or federal tax incentives arise. Sales Contractors may also provide these approved references to customers: SEIA.org, Energy.gov.
11. All solar production numbers, kWh's, presented during the solar presentation with a customer must be described as an estimate. Shade, weather, and changes to the proposed design when the formal plan sets are created can all create a disparity between the proposal and the actual performance of the solar system. Sales contractors may never promise a production or offset guarantee, unless the leasing or funding company specifically has a production guarantee.
    1. Promising a $0 utility bill after the system is activated is in strict violation of this sales policy. While some utility bills may be $0 or negative some months, suggesting a $0 bill as a guarantee or promise is misrepresenting the solar product.
12. Empower Home Services does not accept add on solar systems until the customer's solar system(s) have been fully operational for six months. After six months of production, Empower Home Services will conduct an energy audit to determine if additional solar panels will help the customer before accepting the account. This policy only applies to solar add ons.

7. MISREPRESENTATION (RELATED PARTIES)

1. Do not tell any potential customer that their current Services may not or will not work for any reason, unless it is expressly true.
2. Do not ever take any existing equipment from a person’s home or dispose of it. This directive applies even if the person asks you to remove or dispose of the equipment on their behalf.
3. Do not use, or attempt to use, previous equipment from another home or source in the installation of a home to save on cost.
   1. The only equipment to be used in a home installation is the inventory of Empower Home Services, unless approved in writing by an agent of Empower.
4. Do not make any derogatory, false, or misleading statements regarding the function, performance, capabilities, specifications, features, requirements, reliability or design of any other company’s Services, equipment, or services.
5. Do not cancel, or agree to cancel or take care of, any contract on behalf of any person.
   1. Do not prepare, write, or type a cancellation notice for a person. This includes not providing the customer a form cancellation notice, even if you tell them not to send the form cancellation notice to their current Service Provider or that it is an example.
   2. You may carry blank paper, envelopes and stamps as a courtesy for customers. You may also provide the correct contact information for other entities. However, the customer must write, sign and send any cancellation notice the customer desires to send. Do not do so on the customer’s behalf regardless of whether the customer gives you permission.
   3. Do not mail, fax or otherwise send in the cancellation notice to the other company on behalf of the customer.
   4. Do not call another company on behalf of the customer, with or without impersonating them, with or without the permission of the customer.
6. Do not state or otherwise imply in any manner proposed during a solicitation or sale relating to a person that then currently has Services, whether you feel it is true or not, any of the following:
   1. That any competing company is going or has gone out of business or is bankrupt.
   2. That any competing company is not, or has stopped, service of that potential customer.
   3. That a competing company will no longer be able provide Services for that person, residence or business.
   4. That Empower Home Services is acquiring, merging with, has taken over, is being purchased by, or is otherwise part of any other company.
   5. That a competing company is changing its name.
   6. That any competing company sold its account.
   7. That any change to the potential customer’s equipment or Services is merely an update or upgrade without immediately disclosing that the customer will be entering into a new contract.
   8. That Empower Home Services is taking over the Services of an account or has purchased an account from another company, or is a sister company of any other company.

8. PAYMENTS / PAYMENT INFORMATION

1. Do not personally accept any cash, check, or any other form of payment from a customer under any circumstances. All payments from a customer must be made to Empower Home Services or the respective financier.
2. Do not use at any time, or include on any customer contract, any financial transaction card information or any other form of payment information other than the homeowner’s personal financial information.
   1. This includes using your own personal credit or debit card, or a prepaid credit card, on a customer contract.
3. Do not attempt to pay any balance on a customer’s account. In addition, do not attempt to provide a credit on an account to remove a past due balance.
   1. This includes sending in a money gram to bring a past due customer’s balance current in order to be paid a commission on the account.
4. Upon termination of their agreement with Empower Home Services or acceptance of employment or contractor status with another home energy or services provider, Sales Dealers forfeit eligibility for any pending commission payments or compensation.

9. PREVIOUSLY SOLD ACCOUNTS

1. Do not cause any person to whom you have previously sold Services, while working for a different company, to enter into a new contract with Empower Home Services.
   1. This includes instances where the account has been purchased by another company, even if the customer claims to have cancelled with that other company.
2. Do not use customer information that you have previously obtained, or obtained from another individual, to resell a customer or assist another to sell that customer.
   1. If you sold a customer when you worked for a previous competing company, you cannot sell that customer as an Empower Home Services Sales Contractor. Further, you cannot give customer information from a customer you previously sold with another company to any Empower Home Services Sales Contractor.
   2. You also cannot provide or sell Empower Home Services customer information to another person or entity.
   3. This includes using, transferring, or selling customer lists and information of any previously sold individual.

10. PROFESSIONALISM / GENERAL CONDUCT

1. If the potential customer does not qualify, do not tell the person that you will return at a later time if you do not intend to do so.
2. If you leave your number with a customer and they call and leave a message, you are required to return the call within 24 hours. The same applies to returning calls from the Empower Home Services corporate office.
3. Do not use anything that may be considered scare tactics when soliciting prospective customers.
4. Your conduct must be consistent with a Sales Contractor of Empower Home Services at all times.
   1. Specifically, do not swear at or to a customer or say or take any action that could be considered rude or inappropriate, regardless of how the customer may act toward you. This is especially true when the customer does not agree to get Services.
   2. Do not represent Empower Home Services publicly in a negative way. This includes, but is not limited to, criminal activity and news reports.
5. You must follow and abide by Empower Home Services’s current Media policy, as well as the Social Media, such as Facebook, Instagram, and Twitter, policy.
   1. If you are ever approached by an investigator, reporter, or any other media members and asked for a comment on any Empower Home Services issue, politely let the person know that you are not the right person to speak with and refer the person to Empower Home Services media contacts.
   2. Be respectful, courteous, and professional at all times when representing Empower Home Services while using Social Media. This includes your own personal accounts as well as any corporate accounts.
6. Sexual harassment of any kind is not tolerated at Empower Home Services and is grounds for termination of the Sales Contractors agreement. Please report any incident to info@empoweryourhome.com.

11. TELEMARKETING

1. All calls related to the sale of Services while representing Empower Home Services must be done on a recorded line.
   1. No sales activities should take place on a personal cell phone, via text message, email, or other means other than a recorded corporate line.
   2. The customer must be clearly informed at the beginning of all sales calls that the call is being recorded.
   3. Do not send any email, letter, or other written communication to any prospective or actual customer without the message being previously approved by the Marketing department.
2. Do not state or imply during the course of the sale that the customer has won something or that the offer you are providing is a prize of any form.
3. Do not make calls to, or accept calls from, any state where an individual telemarketing license is required, unless you have a physical copy of such license in your possession at that time.
4. Follow all TCPA (Telephone Consumer Protection Act) requirements.

12. TERMINATION

1. Following the termination of the Dealer Agreement, Sales Contractors shall be paid any sales commissions earned prior to the termination date, with the exception of held commissions.
2. Any sales commission earned after termination will be held for a minimum of six months to account for any additional costs incurred due to Sales Contractors.