Trade Ally (Ally) status shall commence on the date this application is accepted by the Focus on Energy Program Administrator ("Program Administrator") and shall continue until terminated (1) in writing by either party or (2) through written waiver by Program Administrator, immediately following any 12-month period in which Ally has not participated in the program (i.e., by Ally or their customers submitting qualified incentive applications to Focus on Energy).
Ally status may be terminated without penalty by Ally or by Program Administrator for any reason, at any time. Written notice of termination must be sent to the non-terminating party by mail, fax or email. When termination is initiated by written notice, termination will be effective as of the date the termination letter is received by the non-terminating party. Upon termination, Ally, and if applicable, Ally’s customer, shall be eligible to receive incentive payments earned prior to the termination of Ally status. Notwithstanding anything to the contrary, no payments will be made for any anticipated profits, revenues or the like as a result of termination.
Applicants agree to protect, indemnify, defend and hold harmless Focus on Energy, Program Administrator, SEERA, the State of Wisconsin and participating utilities, their respective affiliates, subsidiaries, parent companies, officers, directors, agents, and employees, against all losses, damages, expenses, fees, costs and liability arising from any program, design, consulting, product, system, equipment, or appliance. The Applicant agrees that such obligations under this section shall survive any expiration or termination of this Application and shall not be limited by any enumeration herein of required insurance coverage. To the maximum extent permitted by law, the Applicant agrees to limit Program Administrator’s liability to the Applicant for any reason to the total amount of the payments identified in this Agreement. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Applicant hereby expressly waives the right to specifically enforce this Application. Under no circumstance will Focus on Energy, Program Administrator, SEERA, the State of Wisconsin and participating utilities, their respective affiliates, subsidiaries, parent companies, officers, directors, agents, and employees be responsible for any indirect, special or consequential damages however they may occur.
Ally may present himself/herself/itself as an Ally of the Focus on Energy program. By signing this application, Ally does not become an agent, employee, or representative of the Focus on Energy program, the Program Administrator, the State of Wisconsin or participating utilities. The parties shall not be considered to be joint venturers, partners, agents, servants, employees, fiduciaries, or representatives of each other, and no party shall have the right or power to bind or obligate any other party to, or third party beneficiary of, these terms and conditions.
Ally shall not, directly or indirectly, represent the Ally’s products, services, offerings, or work to potential customers or others as being guaranteed or warranted in any way by the Program Administrator, Focus on Energy, the State of Wisconsin, or participating utilities. Use of the Focus on Energy name or logo by Trade Ally is NOT permitted without prior approval from the Focus on Energy Marketing Department. To receive approval to use the Focus on Energy name or logo, contact Focus on Energy at 800.762.7077 or e-mail firstname.lastname@example.org.
Ally must keep customer information confidential and secure.
Codes and Licensing
Ally and its subcontractors shall comply with and conform to all federal, state, local and international laws, statutes, ordinances, regulations, rules, codes (including building codes), and orders applicable to Ally, its business, and the work performed by Ally. Ally represents and warrants that Ally has obtained, and currently maintains, all federal, state, local, and foreign governmental franchises, licenses, and permits material to and necessary in the conduct of Ally’s business and that Ally is not subject to, or party to, any license, permit, law, rule, ordinance, regulation, order, judgment, or decree, or any other restriction of any kind or character, which adversely affects the business practices, operations, or condition of Ally’s business.
Ally agrees to carry usual and customary, appropriate and legally required insurance for their type of business.
Ally agrees to meet with Focus on Energy Program representatives once every 12 months, or as otherwise required by the Program, to receive program updates in person or via phone conference or webinar and to participate in training and/or education as required by the Program.
Program Procedures and Scope of Service
Ally shall provide diagnostic and/or installation services consistent with the procedures and requirements set forth in the applicable program, including all updates, supplied to Ally under separate cover and incorporated herein by reference. Ally acknowledges that Ally has received, read, and agrees to comply with the program procedures outlined in the Program Guidelines and Qualifications.
Making false statements on any Focus on Energy incentive application is punishable by law. Any person who knowingly files an application containing any materially false information or who purposely and misleadingly conceals information commits a fraudulent act that subjects such person to criminal and civil penalties. Any and all funds determined, in Focus on Energy’s sole discretion, to have been acquired on the basis of fraudulent or misrepresented information must be fully returned to the Focus on Energy program. Should the Applicant or its representative apply for and receive duplicate payment, Focus on Energy reserves the right to recover payments made in excess of the entitled incentive. This section shall not limit other remedies that may be available for the filing of false or fraudulent applications.
This Application shall be governed, construed and enforced in accordance with the internal laws of the State of Wisconsin, without regard to any law of conflicts that may direct the application of the laws of another jurisdiction. The Applicant irrevocably submits to the original jurisdiction of the state and federal courts sitting in Madison, Wisconsin with regard to any controversy in any way relating to the execution, delivery or performance of this Application that is not resolved by Arbitration. Suits, claims or actions founded upon such controversies shall be brought or filed exclusively in such courts and nowhere else. The exclusive venue for any dispute or controversy arising under this Agreement shall be the Dane County, Wisconsin Circuit Court or the Federal District Court for the Western District of Wisconsin.