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Additional Terms of Use of Spark Prepaid Visa Card Rebate Program*

The goal of the Spark Prepaid Visa Card Rebate Program is to make your customer experience as successful and satisfying as possible, and to help you get the full value from your rebate.
By using the website -  https://www.sparkenergy.com/en/rebate/  (the “Site”), you agree to be bound by all of the terms in these Terms of Use (the “Agreement”) and any terms and conditions in our prior agreement when you were enrolled as a customer in the Spark Prepaid Visa Card Rebate Program or its predecessor programs. As we are regularly updating and enhancing Spark Programs, the Spark Prepaid Visa Card Rebate Program reserves the right, in its sole discretion, to update or modify this Agreement at any time. Your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Please read these Terms of Use carefully and, if you have any questions, or if this Agreement does not conform to your understanding of what you were told the Spark Prepaid Visa Card Rebate Program was, please contact the Spark Prepaid Visa Card Rebate Program Customer Support at customercare@sparkenergy.com.
Rebate Overview. The primary benefit of the Spark Prepaid Visa Card Rebate Program is the opportunity to receive a Prepaid Visa Card if you follow the requirements on the Site and your Prepaid Visa Card Rebate offer.  To receive any rebate within the program actions are required on your part to claim and utilize your rebate(s). Some benefits within the program may require a printer and internet access.
Your Account Doesn’t Cost Extra. You understand that the Spark Prepaid Visa Card Rebate Program is not charging you anything additional for the Spark Prepaid Visa Card Rebate Program, and will never charge you anything additional for the Spark Prepaid Visa Card Rebate Program, and that your access to the Spark Prepaid Visa Card Rebate Program incurs no fees.
Cancelling The Spark Prepaid Visa Card Rebate Program is Not Necessary. If you do not like the Spark Prepaid Visa Card Rebate Program, you can simply stop fulfilling the requirements to receive your Spark Prepaid Visa Card Rebate at any time.
Action is Required to Claim Your Benefits.  Action on your part is required to activate and claim your rebate(s) as described in your Prepaid Visa Card offer and on the Site.
Terms of Program Use. Your rebate value is that of a prepaid Visa card only. You will promptly notify us if you become aware of any unauthorized use of your account. The Spark Prepaid Visa Card Rebate Program is limited to residents of the United States and Canada only and to individuals over the age of eighteen (18).
Termination; Changes to the Spark Prepaid Visa Rebate Program. We may cancel your Spark Prepaid Visa Card Rebate Program at any time for any reason in our sole discretion, including, but not limited to, if we determine that you (a) are ineligible, (b) violated any term or condition of the Spark Prepaid Visa Card Rebate Program or any applicable law or regulation, or (c) engaged in any deception, forgery, fraud or committed any other abuse of the Spark Prepaid Visa Card Rebate Program.  We may revoke some or all of your rebates if we determine that you received rebates due to an error, through fraud or deception, or in any manner not authorized.  If we cancel your Spark Prepaid Visa Card Rebate Program, you will lose your right to receive any additional rebate.
In all matters relating to the administration of the Spark Prepaid Visa Card Rebate Program, our decisions will be final.  We reserve the right to change or cancel any aspect of the Spark Prepaid Visa Card Rebate Program, at any time.  If we change this Agreement, we will give you notice by posting the new Agreement at https://www.sparkenergy.com/rebate/terms-of-use-of-spark-prepaid-visa-card/.  Those changes will go into effect on the Revision Date shown in the revised Agreement.  By continuing to participate in the Spark Prepaid Visa Card Rebate Program, you are agreeing to the revised Agreement.
No Warranty/Limitation of Liability. You agree that the Spark Prepaid Visa Card Rebate Program, the administrators of the Spark Prepaid Visa Card Rebate Program and their subsidiaries and affiliates, and each of its officers, directors, owners, and employees, along with the provider/host/administrator of the Site (“Company Parties”) are not responsible or liable for any benefits, goods or services provided by any participating vendors. If you have any claims relating to such benefits, goods or services provided by a participating vendor, you agree to make your claim against the vendor providing the benefit, good or service. You will not consider the Company Parties (and the Company Parties will not be construed as) a party to such transactions, whether or not Company parties may have received some form of revenue or other remuneration in connection with such transactions, and the Company Parties will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. The Company Parties assume no responsibility for the payment of, or contribution to, any use or sales tax on the benefits, which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the benefits, as the case may be.
This Site and the Spark Prepaid Visa Card Rebate Program is provided on an “as is” and “as available” basis with no warranties whatsoever. THE COMPANY PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE, THE SPARK PREPAID VISA CARD REBATE PROGRAM, OR ANY OF THE BENEFITS, PRODUCTS OR SERVICES OR RELATED INFORMATION PROVIDED TO YOU FROM COMPANY OR FROM OUR PARTICIPATING VENDORS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BENEFITS, PRODUCTS, SERVICES AND MATERIALS FROM THIS SITE, THE SPARK PREPAID VISA CARD REBATE PROGRAM, OR THE PARTICIPATING VENDORS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE OR OUR PARTICIPATING VENDORS SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY PARTIES’ LIABILITY EXCEED WHAT YOU HAVE PAID TO THE SPARK PREPAID VISA CARD REBATE PROGRAM (WHICH IS NOTHING), AND UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SPARK PREPAID VISA CARD REBATE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND THE SPARK PREPAID VISA CARD REBATE PROGRAM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE SPARK PREPAID VISA CARD REBATE PROGRAM.
Indemnification. You agree to indemnify, hold harmless and, at our option, defend the Company Parties from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of this Site or the Spark Prepaid Visa Card Rebate Program, your violation of this Agreement, or your infringement, or the infringement or use of any Intellectual Property Rights (as defined herein).
Links. The Site may contain links to other web sites. The Company Parties do not control such other web sites and is not responsible or liable for the availability thereof or the products, services or other materials contained on such web sites. The Company Parties shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked web sites, including the products, services and materials therein, is solely at your own risk.
Intellectual Property. You hereby agree and acknowledge that the Company Parties own all right, title and interest in and to this Site, including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other intellectual property and proprietary rights. You acknowledge that all marks that appear throughout the Site and in connection with the Spark Prepaid Visa Card Rebate Program belong to the Company Parties, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site and in connection with the Spark Prepaid Visa Card Rebate Program without the express written consent of the Company Parties or the owner of the mark, as appropriate, is prohibited.
Severability/Waiver. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER  
a.            Scope of the Arbitration Agreement. Any legal dispute between the parties concerning or arising out of your participation in the Spark Prepaid Visa Rebate Program, your enrollment, purchase, these Terms of Service, these Terms of Use, these Terms and Conditions or the relationship among the parties (“Dispute”) shall be resolved by one arbitrator through binding arbitration using the process explained below.  The parties understand and agree that they are waiving their rights to sue or go to court to assert or defend their rights.  However, either party may bring an individual claim in small claims court consistent with the jurisdictional and dollar amount limitations that may apply, so long as maintained as an individual claim.  The term “Dispute” refers to any dispute, action, claim, or other controversy between us, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.
b.            Informal Dispute Resolution. Either party asserting a Dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond.  Notice shall be made by first class or registered mail (1) to Spark Energy at 12140 Wickchester Lane, Suite 100, Houston, TX 77079 or (2) to you at the postal address on file with us.  Both you and Spark Energy agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
c.             Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) enroll and begin purchasing services from Spark Energy; or (b) sign up for any further program or service provided by Spark Energy. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement.  You may opt out by sending an email through Spark Energy’s website at sparkenergy.com or by sending a letter to 12140 Wickchester Lane, Suite 100, Houston, TX 77079. You should include your printed name, mailing address, and the words “Reject Arbitration.” 
d.            How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer rules, as applicable, in effect at the time the Claim is filed (“AAA Rules”). For information on how to file a claim, copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. Arbitration shall take place in the country of your residence, as determined by your mailing address on file with us. We agree to pay or reimburse all costs associated with any arbitration between the parties, including filing fees and arbitrator fees, and agree to waive any right to recover an award of attorneys’ fees and costs against you. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction.
e.            Waiver of Right to Bring Class Action & Representative Claims.  All Disputes, whether resolved informally, in small claims court, or through arbitration, shall be brought on an individual basis. Disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum, and the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. 
f.             Governing Law. This Arbitration Agreement shall be governed by the Federal Arbitration Act and interpreting federal law. To the extent state law applies to any aspect of this provision or the Claim, the law of your residence, as determined by your mailing address on file with us, shall apply. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in the federal court encompassing the county where the arbitration took place, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Arbitration Agreement including any claim that all or any part of the Arbitration Agreement is void or voidable. However, the preceding sentence shall not apply to the clause above entitled “Waiver of Right to Bring Class Action & Representative Claims.”
Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
Entire Agreement. This Agreement, plus any provision in your customer contract/agreement with the sponsor of the Spark Prepaid Visa Rebate Program, and these Terms of Use, constitute the entire agreement between you and the Parties relating to the subject matter herein.
Feedback. If you have comments on the Site or ideas on how to improve it, please email customercare@sparkenergy.com. Please note that by doing so, you also grant the Spark Prepaid Visa Card Rebate Program permission to use and incorporate your ideas or comments into the Site without compensation.
Customer Service. If you have any questions or concerns about your account and/or the Site, contact us at customercare@sparkenergy.com.We are glad to help. For full contact information for Customer Service, visit: https://www.sparkenergy.com/en/customer-service/ .