Preferred Solar Installer

Transcription

1 Preferred Solar Installer 2015 Program Application To apply for the AriSEIA Preferred Solar Installer Program and be eligible for program participation for the remainder of the current year, please complete the following application form and submit it to Arizona Solar Energy Industries Association (AriSEIA). This is an annual accreditation and will require companies to maintain compliance with all program requirements at the time of each annual application for the duration of the accreditation. 1. Company Eligibility Requirements To be eligible for the AriSEIA Preferred Solar Installer program the applicant must meet all of the following requirements: A. AriSEIA member in good standing (subscribing to the Code of Ethics) B. Hold the applicable license(s) and in good standing with the Arizona Registrar of Contractors. C. Bonded and Insured ((Provide Certificate of liability adding AriSEIA as additionally insured) D. Have a Better Business Bureau (BBB) rating of B or higher, E. Have a high customer satisfaction rating with AriSEIA. F. Successfully pass Utility inspections, G. Successfully have completed prior training workshop requirements set forth in the Previous APS Quality Solar Installer (QSI) Program. H. Have no unresolved legal, PSI program or compliance concerns with APS.. I. Agree to the three strikes and you re out Disciplinary Review Process.(APPENDIX 2) Exemption Allowance: 1. NABCEP Test-Out: PV and SWH installation firms that currently employ a NABCEP Certified PV or SWH Installer are eligible to be Fast Tracked if they were never in the Original APS QSI Program to be accepted into the 2013 PSI Program. Installers will be asked to submit documentation to confirm NABCEP certification. 3. COMPANY INFORMATION **AriSEIA will use the address provided below as the primary form of communication Company Name: Contact Person: Address: City, State: Zip: Primary Phone: Primary **: Number of Employees: Type of Business: Date of Incorporation: Website: Sales Phone Number: Company Name as it appears on the License: License Classification(s): License Number(s): License Expiration Date(s): Are you an existing AriSEIA member? Yes No Listing of Arizona County s that you provide service to:

2 4. USE OF ARISEIA PREFERRED SOLAR INSTALLER LOGO AriSEIA Preferred Solar Installers, who maintain compliance with the PSI program eligibility and other requirements referenced herein, are eligible to use the AriSEIA Preferred Installer logo (the Logo ) in their pre-approved advertising subject to the AriSEIA Preferred Solar Installer License Agreement ( License Agreement ) which is attached as Appendix 1 and incorporated herein by this reference. Advertising must be deemed temporary that can be easily removed or be disposed of if your company ceases to participate in the program. If you intend to use the Logo any time during the year, you must describe your ad campaign. You must receive approval from AriSEIA PSI Committee by submitting an example of each use of the Logo prior to your distribution or publishing of materials or placements of ads containing the Logo on cable/television or radio. Once you have become eligible to participate in the PSI Program, you will receive additional materials that will outline additional program requirements, including the terms and conditions of use of the Logos in more detail, and with which you must comply. 5. SIGNATURES By signing below, installer agrees to the rules and guidelines outlined in this AriSEIA Preferred Solar Installer Application ( Application ) and the use of the Logo according to the terms and conditions described in the AriSEIA Preferred Solar Installer Logo License Agreement which is attached as Appendix 1. Please note AriSEIA shall have the right to eliminate you from the Preferred Solar Installer Program for your failure to comply with the rules and guidelines outlined in this Application, and seek any and all remedies and damages arising out of your breach of the AriSEIA Preferred Installer Logo License Agreement. Company AriSEIA Representative Company Representative Signature Signature Date Date Please Mail, , or Fax your application to: Arizona Solar Industries Association (AriSEIA) c/o AriSEIA PSI Program 2122 W Lone Cactus Dr. STE2 Phoenix, AZ FAX: psi@arizonasolarindustry.org

3 Appendix 1 AriSEIA PREFERRED SOLAR INSTALLER LOGO LICENSE AGREEMENT The use of the AriSEIA Preferred Solar Installer Logo (the Logo ) is subject to the following AriSEIA Preferred Solar Installer Logo License Agreement Terms and Conditions (the License ). Once signed by you ( Licensee ) and AriSEIA, the License term shall be the duration of this ad campaign, or the current calendar year, whichever is less. Approval for use of the Logo is limited to the specified advertising campaign, ad copy and placement schedule outlined in this License, and shall not be construed as an endorsement by AriSEIA of the particular contractor and/or equipment manufacturer featured in the ad. AriSEIA hereby grants to Licensee a non-exclusive, non-transferable, royalty-free, personal right to use the Logo within the State of Arizona solely in the manner described herein and as may be prescribed by AriSEIA from time to time. Terms and Conditions 1. Licensee shall provide AriSEIA with prior written notice of any intent to use the Logo outside of the State of Arizona and agrees not to do so without AriSEIA prior written consent. 2. Licensee acknowledges that AriSEIA retains all rights, title and interest in and to the Logo. Except as expressly granted herein, Licensee shall have no right in the Logo. 3. Licensee represents and warrants that it shall not use the Logo in a manner which, in AriSEIA s sole judgment, will diminish or otherwise damage AriSEIA s goodwill in the Logo. 4. Licensee represents that it will not use the Logo alone or in any advertisement of other goods and services that it provides that are not directly related to residential SHW or PV systems. 5. Licensee shall not directly or indirectly represent or imply that they work for AriSEIA, are a contractor for AriSEIA, or make any other written or oral statement or representations that would cause a person to believe that the Licensee or its personnel are affiliated with or agents of AriSEIA. 6. The Logo may only be used on AriSEIA pre-approved advertisements and promotions. No other use is permitted, including but not limited to, placing or displaying the logo on badges, clothing, business cards, invoices or yellow pages or similar listings. 7. The Logo must always be used with the disclaimer sentence included as part of the Logo which reads AriSEIA Preferred Solar Installers are not affiliates or agents of AriSEIA. AriSEIA assumes no liability for their products or services. If you are using the Logo in the 1.9 wide by.25 high, or smaller size, which does not have the disclaimer attached but includes an asterisk, then the disclaimer that states AriSEIA Preferred Solar Installers are not affiliates or agents of AriSEIA. AriSEIA assumes no liability for their products or services must be included in the text of the advertisement, promotion, in a text size that is legible as determined by AriSEIA. The phrase AriSEIA Preferred Solar Installer may not be used in advertising or the promotion without the presence of the disclaimer.

4 8. This License is personal to Licensee, and Licensee shall not assign, transfer or sublicense this License (or any right granted herein) in any manner without the prior written consent of AriSEIA. Any attempted assignment without such consent shall be void. 9. Licensee shall maintain the quality of its products and services at a level that meets or exceeds industry standards, and shall comply with all applicable laws, rules and regulations. Licensee shall fully correct and remedy any deficiencies in the quality of its products and services upon reasonable notice from AriSEIA. 10. Licensee agrees to indemnify, hold harmless, and defend AriSEIA at AriSEIA s request, from and against any and all claims, damages, costs and expenses (including reasonable attorneys fees) arising out of or related in any manner to Licensee s use of the Logo or Licensee s products or services, including, but not limited to, claims of Licensee s customers and claims based on Licensee s infringement of any third party s copyrights, trademarks, or other intellectual property rights. 11. ARISEIA MAKES NO WARRANTIES WITH RESPECT TO THE LOGO, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 12. IN NO EVENT SHALL ARISEIA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOSS OF BUSINESS PROFITS) ARISING FROM OR RELATED TO THIS AGREEMENT OR LICENSEE S USE OF THE LOGO, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, INFRINGEMENT OF INTELLECTUAL PROPERTY, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF ARISEIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. Notwithstanding any provision to the contrary, AriSEIA shall have the right to terminate this License with cause immediately upon written notice or without cause upon thirty (30) days written notice. Licensee immediately loses all privileges for use of the Logo and this License terminates upon disqualification or expiration of their Preferred Solar Installer certification. From and after expiration or termination of this License, Licensee shall cease and desist from all use of the Logo. 14. This License shall be governed by the laws of the State of Arizona, and Licensee consents to jurisdiction in the state and federal courts in Arizona. The prevailing party in any action to enforce the terms of this License shall be entitled to recover its reasonable attorneys fees, costs, and other expenses. Licensee acknowledges that a breach of this License may cause AriSEIA irreparable damage and AriSEIA shall be entitled to an immediate injunction in addition to any other legal or equitable remedies. 15. Neither this License, nor any related communications or transactions between AriSEIA and Licensee, shall be construed to create a partnership, joint venture or agency relationship.

5 Appendix 2 AriSEIA PREFERRED SOLAR INSTALLER THREE STRIKE POLICY By joining the AriSEIA Preferred Solar Installer Program ( PSI ) you and your company agree to the following AriSEIA PSI Agreement Terms and Conditions (the License ). Once signed by you ( Licensee ) and AriSEIA, the License term shall be the duration of the program, or the current calendar year, whichever is less. Acceptance into the program automatically allows AriSEIA to carry out such policies to protect AriSEIA and the integrity of the PSI program. It may become necessity to change, modify, or update the PSI Three strikes policy in which case AriSEIA retains the right to do so, so long as it provides the changes or updates to the policy in a timely manner described herein and as may be prescribed by AriSEIA from time to time. Terms and Conditions 1. Licensee shall be provided a copy of the complaint lodged with AriSEIA PSI committee with notice to verify the validity of the complaint. 2. After AriSEIA PSI committee has verified the complaint then the Licensee has an option to correct the problem in a timely manner and to the satisfaction of the person or company that has lodged the complaint. 3. If the complaint cannot be resolved to the satisfaction of the person or company then a determination will be made by the AriSEIA PSI committee on counting this as a strike or not. 4. The licensee will be given a total of three strikes total. 5. Licensee upon receiving their third strike from the AriSEIA PSI committee will then be submitted to the AriSEIA Board of Directors for a complete review and vote on their dismissal from the program for the remainder of the current program year or longer if deemed appropriate. 6. AriSEIA may make changes at any time to the three strike policy as it seems fit, as long as AriSEIA provide a 30 DAY notice to participating Licensee.