These TERMS AND CONDITIONS (“Terms”) are entered into by ecobee Inc., a Canada corporation (the “Company”), and the undersigned contracting company (“Pro” or “Affiliate”). These Terms govern the Pro/Affiliate's inclusion in and participation with the ecobee Air Filters for Pro program (“ Program”). In consideration of the foregoing, the parties agree as follows:

Program Eligibility Requirements

To be eligible to participate in the Program, a Pro must:

• Actively sell ecobee thermostats through their company

• Pass ecobee’s screening process, which involves vetting of the Pro’s company standing and reputation

• Agree to partner platform (Refersion)'s Terms of Service (https://www.refersion.com/terms) and Privacy Policy (https://www.refersion.com/privacy)
  

If the above criteria are not deemed satisfied during the application process, a Pro’s request to become an Affiliate will not be approved. An approved Pro will become an Affiliate.

• ecobee may change the program eligibility requirements at any time.

• ecobee may approve or decline an Affiliate application at its sole discretion.

Pro's Responsibilities

1. Pros must apply for participation in the ecobee Program at http://airfilterspro.refersion.com and provide any supporting documentation required during the screening process, if requested by ecobee.
   

2. Upon application approval, an Affiliate will receive an email confirmation and have access to a Program portal through Refersion. An Affiliate unique signup link for the Air Filters service will also be provided to the Affiliate by ecobee. Upon rejection, a Pro will receive an email confirmation of their rejection.

3. An Affiliate must connect a PayPal account through their Refersion Program portal to ensure that their referral commissions are delivered on time. Failure to do so will result in longer processing times for disbursal of accrued commissions.

4. An Affiliate must provide a high-resolution image of their company’s logo if they wish for the customer to see a co-branded Air Filters sign up flow with their company recommendation when using the Affiliate’s unique signup link. Failure to do so will result in the customer seeing a generic Air Filters sign up flow, even if they use the Affiliate’s unique signup link. Signup commissions will still be accrued to the Affiliate in this case.

5. It is the sole responsibility of the Affiliate to disburse their unique signup link as they see fit. ecobee will attempt to support with additional marketing materials and technical support at its sole discretion.

6. Customer signups occurring within the same web browser within 30 days will be attributed back to the Affiliate.

Compensation and Payments

1. A commission will be accrued to the Affiliate for each Air Filters shipment that results from a signup by a customer using the unique signup link. A grace period applies for signups completed within 30 days of the initial visit to the Air Filters signup flow using the unique signup link, but requires the visitor to use the same device and browser, not be using private browsing/incognito mode, and to not have cleared their cookie and browsing data in order to track properly.

2. Commissions will be paid out monthly to the Affiliate by ecobee via their associated PayPal account.

Term and Termination

1. The Program as defined will be valid for the time period of December 1, 2020 to January 31, 2021, after which it is subject to changes by ecobee without notice in ecobee’s sole discretion.

2. ecobee may extend the Program and ecobee reserves the sole right to change, add to or remove the Program and these terms and conditions at ecobee’s sole discretion.

3. An Affiliate may may terminate their participation in the Program at any time by sending a request to [email protected]. Upon termination, ecobee will pay any commissions accrued up to the cancellation date in accordance with the terms of this agreement.
   

4. Any commissions accrued to the Affiliate resulting from the use of the unique signup link after the Program end date will not be paid to the Affiliate.

Miscellaneous

1. These Terms do not create an agent-principal relationship; and the parties understand and acknowledge that their relationship is that of independent contractors.

2. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and may be amended by ecobee at any time at ecobee’s sole discretion.