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YOUR PROGRESS
Before we get started
Are you planning on referring other customers
through our customer referral program?
Please let us know so we can collect some additional information such as how you would like to get paid.
YES NO
*NAP does offer several different introductory and/or promotional offer and/or rate for new customers during the first month of service so please see terms and conditions for details. Generally, after the introductory and/or promotional offer and/or rate , NAP's applicable rate is a market based variable rate, on a month-to-month term, and is subject to change based on market conditions. Customer may terminate service with NAP at any time and NAP does not charge a cancellation fee. Your utility and/or supplier may charge a fee to switch to a different supplier. Current rates should not be construed as a guarantee of future rates or savings. Please visit www.NAPOWER.com for the latest pricing information, full terms and conditions, environmental information, and comparisons. Budget Billing is not available in NJ. Switching to a third party supplier is not mandatory and you have the option of remaining with your utility for basic generation service. Electric prices are subject to change; your price may be higher or lower than your utility's price. Price comparisons are based on usage up to 12,000 kWh and the utility's electric price to compare as understood by North American Power with rounding, but is always subject to change based on market conditions and does not include any price comparisons of any other suppliers; total bill prices will include utility delivery charges and prices are displayed in kWh. If you are removed from utility consolidated billing for any reason NAP reserves the right to bill you directly or terminate the supply agreement. It may take approximately 1 to 2 billing cycles before you start receiving NAP's service. Electric Supplier proceeding; MD: IR-1983, CT: Docket No. 09-10-21, PA: License #A2176743, NJ: License # ESL-0104, OH: Cert. # 11-410E(1). In NJ NAP currently serves PSE&G, JCP&L, ACE and Rockland Electric. In CT, North American Power currently serves customers in CL&P and UI. North American Power is NOT the distribution utility, LDC or Electric Distribution Utility ('EDC') and is a completely separate company. In OH, NAP's applicable rate for Service shall be equal to the sum of: a) the costs incurred by NAP to provide the Service, through procurement in RTO-administered and/or other short-term markets, of all the supply and associated products that NAP requires to meet your electric generation supply requirements (including, without limitation, energy, imbalance energy, losses, capacity, transmission, ancillary services, alternative and renewable energy requirements, other RTO charges, taxes and any other required products or services); and b) up to $0.040 per kWh. Gas Licenses as follows: OH Cert. # 12-249G(1); NJ License# GSL-0114.
** While NAP complies with individual state renewable portfolio standards, inclusion of additional Renewable Energy Certificates can also be an optional service and is not required for electric supply service. You can also visit www.napower.com for the latest environmental and pricing information, as well as a copy of the ESCO Consumer Bill of Rights.
*** $1 monthly earnings for fundraisers in the Fundraising Program is for front-line customers to the fundraiser beginning at the 4th billing cycle and depends upon the customer's usage. $5 up-front payment to the organization in the Fundraising Program is based off of front-line customers to the fundraiser using over 250kWh per month.
**** Under the NAP Mission to Millions program, NAP will make donations to participating charities based upon (1) the monthly usage of its participating electricity supply customers [2] the monthly usage of its participating natural gas supply customers (3) purchases of NAP's American Wind Certificate renewable energy credits. Specifically, NAP will donate (1) $1.00 for each monthly electric bill paidby a participating electricity supply customer for usage of 250 kWh or more - if the customer's usage is lower than 250 kWh for any given month, no donation will be made for that month, [2] $1.00 for each monthly natural gas bill paidby a participating natural gas supply customer for usage of 50 therms or more - if the customer's usage is less than 50 therms for any given month, no donation will be made for that month,and (3) $1.00 for each American Wind Certificate purchased by a participating customer. Donations are made to the participating charity selected by the customer. In the event that any charity ceases participation in the Mission to Millions program or ceases to be eligible to receive donations based on sales to residents of a particular state, NAP may select another charity to receive the donations that can no longer be made to the customer's selected charity under the Mission to Millions program. The Mission to Millions program is currently not available to residents of Alabama and Maine. Please visit www.napower.com for further details and full terms and conditions.
North American Power & Gas, LLC • 1 Marshall Street, Suite 205 • Norwalk, CT 06854
Independent Representative Application and Agreement
I hereby authorize North American Power (the 'Company') to investigate all available information
pertaining to my background and qualifications for the purpose of evaluating whether I am an
individual with which the Company would consider entering into an independent contractor
relationship. I understand that the Company will utilize outside individuals and/or firms to assist it
in investigating my background and I specifically authorize such an investigation by individuals
and firms of the Company's choosing. I also understand that I may withhold my permission to the
background check contemplated hereby and that by doing so I will remove my self from
consideration as a potential independent contractor of the Company. The Company will not
perform any background checks for which permission has been withheld.
Independent Representative Agreement
In accordance with the terms and conditions contained herein, I hereby submit my Application
and Agreement ('Agreement') to become an independent Representative (hereinafter referred to
as 'Rep') with North American Power (hereinafter referred to as 'Company'), and hereby state
and agree as follows:
I am of legal age, in the State in which I reside, to enter into this Agreement. This Agreement
becomes effective on the date received, signed by the Applicant, and accepted by the Company
at its offices with a mailing address of 11 North Main Street, Norwalk, CT 06854.
Upon the acceptance of this Application, I understand I will become a Rep of the Company and
will be eligible to participate in the marketing (conversion of residential and commercial sales
accounts) of the Company's services and receive commissions in connection with the Company's
Policies and Procedures, Marketing and Compensation Plan.
I understand that as a Rep I am an independent contractor, not an agent, employee, or franchisee
of the Company. I further understand and agree that I will not be treated as an employee with
respect to such services, for federal or state tax purposes, nor will I be treated as an employee for
purposes of the Federal Unemployment Tax Act, and Federal Insurance Contributions Act, the
Social Security Act, and State Unemployment Act, or State Employment Security Act. I
understand and agree that I will pay all applicable federal and state income taxes, selfemployment taxes, sales taxes, local taxes, and/or local license fees, which may become due as
a result of my activities under this Agreement.
I further certify that neither the Company nor my sponsor have made any claims of guaranteed
earnings or representations of anticipated earnings that might result from my efforts as a Rep. I
understand that my success as a Rep comes from the conversion of residential and commercial
natural gas and/or electricity accounts and the development of a marketing network. I understand
and agree that I will make no statements, disclosures or representations in selling the Company's
services or in the sponsoring of other prospective Rep's, other than those contained in approved
Company literature.
I understand that I am not required to make any purchase in order to become a Rep, If I decide
not to continue as a Rep, I may submit my written resignation. Doing so automatically terminates
this Agreement and must be done within twenty (20) days of sign-up.I hereby agree to represent the Company's Compensation Plan accurately and completely,
emphasizing that the conversion of natural gas and/or electricity accounts are a requirement, that
no purchase of services are required at any level. I understand that I will not receive any
compensation whatsoever for the act of sponsoring or recruiting, and that I will only be
compensated for selling the Company's products and services and based upon activities of other
Reps only to the extent of sales of the Company's products and services to customers. No
earnings are guaranteed from participation in the Compensation plan. I agree that I will not make
any representations about the actual, potential, or expected earnings of any Rep or the Company.
I understand that as a Rep I am not guaranteed any income, nor am I assured any profit or
success. I understand the Compensation Plan and that I can only make commissions upon the
conversion of residential and commercial natural gas and/or electricity accounts of the Company.
I further understand that I will be free to set my own hours and determine my own location and
methods of selling, within the guidelines and requirements of this Agreement and the approved
policies and guidelines of the company.
I understand and agree that my remuneration will consist solely of commissions and/or bonuses,
relating to the conversion of residential and commercial natural gas and/or electricity accounts. I
understand that those customers must reach active status within, and remain active for, a
specified period of time as a condition of the Company paying me commissions, bonuses and
other payments.
I hereby agree that I will not sell said services under any other name or label. I further agree to
refrain from producing, selling and using, for the purposes of advertising, promoting, or describing
the Company's services, Compensation Plan, or other programs, any written, recorded, or other
materials that have not been approved or provided by the Company.
In the event I sponsor other Reps, I agree to perform a bona fide supervisory, distributive and
selling function in connection with the sale of the Company's services to the ultimate consumer. I
also agree to train any Reps I may sponsor in the performance of these functions. I agree to have
continuing communication and supervision with my sales organization.
I understand and agree that the Company, in order to maintain a viable marketing system, may
make modifications to the Policies and Procedures, Marketing and Compensation Plan, Company
literature, and product prices. I agree to be bound by such changes upon the notification of
amendments posted on the Company website or through written, electronic or e-mail notification
from the Company. The continuation of my North American Power business or my acceptance of
bonuses or commissions shall constitute my acceptance of any and all amendments.
I understand that the acceptance of this Agreement does not constitute the sale of a franchise or
a distributorship, and that there are no exclusive territories granted to anyone, and that no
franchise fees have been paid, nor am I acquiring any interest in a security by the acceptance of
this Agreement.
I understand and agree that because of the personal nature of this Agreement, it may not be
transferred or otherwise assigned without the prior written consent of the Company. Once a Rep
Agreement is received and processed by the Company, upline sponsorship and placement are
set. If any changes need to be made, they must include the following: a $50 editing fee payable to
the Company; signed and notarized releases from all affected upline Reps; a completed Rep
Agreement with the corrected sponsorship information.The term of this Agreement is one (1) year. I understand that I must apply for and renew this
Agreement annually. The renewal process, if any, will be set out in the Policies and
Procedures of the Company.
I may terminate this Agreement for any reason, at any time, by giving the Company not less than
30 days written notice at its address of record. The company may terminate this Agreement or
impose disciplinary action on me that may include but is not limited to, forfeiture of bonuses and
commissions, and loss of all or part of my downline marketing organization pursuant to its
Policies and Procedures in the event that I breach any part of this Agreement. Unless otherwise
specifically set forth in the Company's Policies and Procedures, if this Agreement is terminated
for any reason, I will forever lose my rights as a Rep, including rights to compensation pursuant to
the Company's Compensation Plan and to my downline marketing organization. I understand that
this Agreement is governed by the laws of the State of Connecticut and the parties agree that
proper jurisdiction and venue shall be in the state and federal courts of Fairfield County,
Connecticut. This Agreement shall be binding upon the successors and assigns of both parties.
I understand that as a Rep, I have no authority to bind the Company to any obligations and may
not use the Company name in any form of reservations, purchases, or other business
transactions. As a Rep, I agree to hold the Company and any provider of retail naturals gas
and/or electricity (the 'Retail Provider') harmless indemnify and defend the Company and the
Retail Provider against any claims, damages, liability and attorney's fees and costs arising out of
my business and conduct as a Rep.
I understand that federal and state agencies do not approve or endorse direct marketing
programs. Therefore, I agree that I will not represent that the Company, its services or program
have been approved or endorsed by any governmental agency or program.
(a) I agree that I will, at all times, abide by all applicable federal, state and local laws and
regulations regarding the solicitation of residential electricity and natural gas accounts, including
but not limited to avoiding the illegal practice commonly referred as 'slamming'. The Company
will not tolerate any conduct in violation of any applicable federal, state or local law or regulation,
including, but not limited to slamming.
(b) I agree to indemnify, defend and hold harmless the Company and the Retail Provider against
any and all fines, penalties or direct costs that may be assessed against the company and the
Retail Provider by any Public Utility Commission arising or related to my unlawful or unauthorized
actions or conduct in the solicitation of residential electricity and natural gas accounts.
(c) I acknowledge that I have been advised that the fines that will be assessed by a state Public
Utility Commission against any individual or organization engaging in the conduct of slamming
can be in excess of $10,000 for the first offense and $25,000 for a second offense and that said
fines and penalties will be assessed on a daily basis for each day that the practice occurred.
I will perform all services on behalf of the Company in a good and workmanlike manner, in
accordance with the highest industry standards. I will not engage in any dishonest, fraudulent or
deceitful conduct in attempting to obtain residential electric or natural gas accounts. Any such
conduct will not be tolerated or permitted by the Company and will be grounds for termination. I
will further maintain accurate records relating to my efforts to sell the products and services
marketed by the Company.
I will not knowingly submit a false or inaccurate Application or engage in any conduct or activity
that could reasonably be construed as 'slamming,' i.e. the practice of changing a consumer's energy service without such consumer's permission or conduct violative or inconsistent with all
federal, state and local laws and regulations and the provisions of applicable state deregulated
energy programs.
I will not prepare, use or distribute any materials, forms or literature relating to any products or
services marketed by the Company, including but not limited to the solicitation of residential and
commercial electric and gas accounts except those approved or distributed by the Company. I
must attend and certify my attendance at all required training programs relating to the products
and services marketed by the Company prior to commencing any selling efforts of the products
and services marketed by the Company and in order to earn commissions and other payments if
applicable.
I will not disclose to any third party, person or entity the names, addresses, phone numbers or
any other information concerning customers obtained by or through my activities in selling the
products and services marketed by the Company. Furthermore, I understand and agree that the
customers I procure as a Rep on behalf of the Company are deemed to be the customers of the
Company and not its Reps.
I will not contact any customer listed on any state or Public Utility Commission 'do not contact' list
or on any similar list maintained by any company under agreement with the Company. I hereby
acknowledge and agree to fully explain the three (3) day cancellation policy as well as any
cancellation policy applicable to any Company product and/or service, to each potential Company
prospect or customer prior to selling any product and/or services to such prospect or customer. I
will maintain a log of any verbal or written complaints submitted to me regarding the products or
services marketed by the Company or my conduct as a Rep. The failure to maintain and turn over
to the Company the foregoing information within three (3) days may constitute ground for
termination.
I understand and agree that this Agreement, including the Company's Policies and Procedures
and Marketing and Compensation Plan, as same may be amended from time to time, both of
which are incorporated into and made part of these Terms and Conditions(these three documents
shall collectively be referred to as the 'Agreement') constitute the entire agreement between the
parties hereto and no other additional promises, statements, representations, guarantees or
agreements of any kind shall be valid unless in writing. I have read this Agreement, including the
Policies and Procedures and Marketing and Compensation Plan, and I acknowledge receiving a
copy of all documents referred to and agree to abide by and be bound by the terms contained
therein. Compliance with Policies and Procedures and Regulations is not only requested but
required. Failure to follow all procedures, policies and regulations may result in termination.
I have had the opportunity to carefully review this Agreement and ask any questions regarding the
Company, its services, policies and procedures, rules and regulations and compensation of an
authorized representative of the Company. I further have had the opportunity to have this
Agreement reviewed by legal counsel of my own choosing. During the initial term and all renewal
terms of this agreement, Independent Representative agrees that neither He/She:
(a) shall provide services similar to those services provided to North American Power pursuant to
this agreement to any other person or entity that is in the same or similar business as North
American Power or its affiliates: nor
(b) shall directly or indirectly solicit pricing information or service commitments from any electricity
or natural gas provider from which North American Power or its affiliates have acquired as an
accepted customer during the term of this agreement; nor(c) shall directly or indirectly discourage or otherwise attempt to either prevent any person from
doing business with North American Power or directly or indirectly disparage, by any means to
any person, North American Power, North American Power's business, or any representative of
North American Power.
Independent Representative specifically agrees that the Independent Representative will not
solicit for Independent Representative's own benefit or for the benefit of any affiliate or client, any
of North American Power's or its Supplier's customers that Independent Representative has
acquired on behalf of North American Power for any energy-related purpose during the initial term
and all renewal terms of this agreement and for a period of two (2) years thereafter.
I acknowledge that I have carefully read all of the terms and conditions on both sides of this
application and agreement. I understand the terms and conditions contained in this agreement
and I agree to be bound by them. I understand and agree that the company's compensation plan
and policies and procedures are incorporated by reference into this agreement. I acknowledge
that I have received a copy of each of those documents and that have read the same and agree
to be bound by the conditions contained therein.
I understand that becoming a customer of North American Power is not required to participate as
an Independent Representative.
I understand that I may cancel this transaction, without any penalty or obligation, for a full refund,
within three (3) business days from the date of receipt of the agreement by North American
Power, unless otherwise specified under the laws of the state in which I reside or any other
applicable jurisdiction. If I cancel, I must return at my own expense any literature or materials I
have received to North American Power at the address listed above. To cancel this agreement I
must address any mail via registered receipt or certified mail, return receipt requested, or deliver
personally to North American Power a signed, dated 'notice of cancellation' to North American
Power, Norwalk, CT. I understand that verbal or email cancellation requests and cancellation
requests made to North American Power Independent Representatives will not be accepted.
Where applicable state law on cancellation is inconsistent with North American Power policy,
such state law shall be in force.
Policies and Procedures North American Power 1
Definition of an Independent Representative
An Independent Representative (“IR”) includes Fundraiser/Affinity program managers, Referring Customers, Directors,
Area Directors, Regional Directors, and National Directors. IRs:
Must be at least 18 years of age.
Must agree to policies and procedures upon login into NAP back office.
Must carefully read, understand, and agree to be bound by North American Power’s Policies and Procedures and the
North American Power Marketing Plan.
Is legally authorized to work in the United States, as applicable.
Business and Legal Entities as Independent Representatives
A partnership or corporation, which is organized and complies with the appropriate state law of that specific
jurisdiction in which it operates, may become an IR subject to review and approval by North American Power. The
entity must have a Federal Employer Identification Number (FEIN) and a legal document clearly displaying the FEIN
must be submitted with the IR application. All members of the entity are subject to a background check and must
be legally authorized to work in the United States.
Corporations
To become a new IR as a corporation or to change to an incorporated status, North American Power must receive
the following items:
1. An IR Agreement completed and signed by an authorized officer of the corporation.
2. copy of incorporation paperwork.
3. A legal document that lists the name, address and social security number of all persons profiting
Policies and Procedures North American Power from and/or any persons acquiring energy
accounts for the IR position. This would include, yet not be limited to, the corporation’s officers and
shareholders.
4. A legal document that clearly displays the corporation’s Federal Employer Identification Number.
Active IRs who wish to change the status of their position from that of an individual IR to that of a
corporation must complete a Sales/Transfer application.
Partnerships
To become a new IR as a partnership or to change to a partnership
status, North American Power must receive the following items:
1. An IR Agreement completed and signed by an authorized partner.
2. A copy of the partnership agreement signed by all partners.
3. The name, address and social security number of each partner.
Policies and ProceduresPolicies and Procedures North American Power 2
4. A legal document that clearly displays the partnership’s Federal Employer Identification Number.
Active IRs who wish to change the status of their position from that of an individual IR to that of a
partnership must complete a Sales/Transfer application.
Trusts
To become a new IR as a Trust or to change to a Trust status, North
American Power must receive the following items:
1. 1. An IR Agreement completed and signed by all trustees of the trust.
2. A copy of the trust agreement signed by all trustees of the trust.
3. The name, address and social security number of all trustees and beneficiaries.
4. A legal document that clearly displays the Trust’s Federal Employer Identification Number. Active
IRs who wish to change the status of their position from that of an Individual IR to that of a trust must
complete a Sales/Transfer application.
Marriage
A husband and wife may choose to operate under the same North American Power position or independently. If
they operate independent positions then one spouse must recruit the other or both must have the same recruiter
(unless they had separate IR positions prior to marriage). If a husband and wife operating a single position divorce,
ownership of the position will remain with the individual whose social security number was originally listed on the IR
application unless North American Power receives a legal document signed by both parties stating otherwise. North
American Power reserves the right to verify all documents before any changes are made. This also applies to those
relationships that qualify as common law marriages under applicable state laws. North American Power reserves the
right to intercede in disputes and if it is determined that unethical activity has taken place, the IR position may be
suspended and/or terminated.
Conflicts of Interest
Representatives with North American Power shall not participate in any other opportunity or any facet of another
opportunity involving products or services that compete with products or services offered by North American Power.
IRs whose employment or other non-North American Power affiliations allow access to information, such as energy
accounts and/or social security numbers are strictly prohibited from using this information in relation to their North
American Power business. For example, an IR who also works for a local utility company is not allowed to bypass the
normal procedure for requesting service with North American Power. Any and all violations of this policy will subject
the representative to disciplinary action up to and including suspension and/or termination.
Phantom Positions
IRs shall not provide North American Power with false or invalid social security numbers or FEINs on an IR
Agreement. IRs are not permitted to sign an IR Agreement on behalf of another individual. Forgery or establishing
phantom IR positions will subject an IR to termination.
Tampering / Forgery of Forms
No employee or IR of North American Power, other than the Founders, President, or the General Counsel, has the
authority to agree to any modification, alteration, or any other change to an IR Agreement. Any agreement for such
changes must be made in writing and signed by one of the officers of the company.
No one may alter any information (i.e. Representative Identification Number or signature) or sign any documents or
contracts other than the individual entering into that contract. Policies and Procedures North American Power 3
No one may sign any IR Agreement or energy application on behalf of another individual, unless proof of Power of
Attorney is provided.
Any alterations made by an IR to any IR Agreement, energy application or any other form agreement distributed
by North American Power or any of its related entities shall not be binding unless North American Power and/or
its related entities expressly agree to such alterations in writing. North American Power and all its related entities
reserve the right within their sole discretion to reject any agreement or form submitted by an IR.
Identification Number
An IR’s social security number will become his/her North American Power Identification (ID) Number. Partnerships,
Corporations and/or Trusts will use their FEIN as their ID number. Additionally, all IRs will be assigned a unique
identification number that identifies them as an IR of North American Power after the IR application is accepted
by North American Power. All identification numbers and Social Security or FEIN numbers will be kept strictly
confidential, except where properly and legally required. Only Social Security Numbers or FEINs issued by the
Social Security Administration or Internal Revenue Service, for use by the individual or organization filling out the IR
Agreement, will be accepted by North American Power.
Status as an Independent Contractor
Claims of Employment
IRs must be at least 18 years of age. IRs are independent contractors, and as such, are responsible for their own
business activities. They are solely responsible for the payment of income, social security and all other applicable
taxes. If you are an employer, your personnel will not, for any purpose, be considered employees or agents of
North American Power. You shall be responsible for their supervision, daily direction and control, payment of salary,
workers compensation payments, disability benefits and compliance with all other laws applicable to employers.
IRs are not agents, employees or legal representatives of North American Power or any other North American
Power entity. IRs will not represent in any manner that they are agents, legal representatives, or employees of North
American Power or those of its related entities. IRs have no authority to legally bind North American Power or its
affiliates, officers, directors or employees.
Naming Your Independent Representative Position
The name of an IR position is determined by the name on the IR Agreement. This is usually a person’s first and last
name. No other name may be used in conjunction with an IR business. To alter the IR name (including the addition
or deletion of a spouse, a change in last name, creating a D.B.A. (Doing Business As) or any other name change a
Sales/Transfer application must be used. Using a name other than the one appearing on the IR account is strictly
prohibited.
Identifying the Relationship Between Representative, Association, or Training Center and North
American Power
Subject to the Advertising and Promotion section contained herein, an IR, Association, or Training Center may utilize
the North American Power name when referring to an IR business, Association, or Training Center, provided that
the phrase “Independent Representative” appears immediately below or next to the name of the IR, Association
or Training Center and this complete name is used at all times in connection with North American Power-related
activities including the creation of a corporate name or D.B.A., hotel reservations, Chamber of Commerce listings, etc.
Use of the North American Power name by an individual or group of Independent Representatives without properly
identifying themselves as such is strictly prohibited.
Contractual Obligations
As independent contractors, IRs are solely responsible for their own activities and choice of time and effort spent
without direction or control by North American Power or any other North American Power entity, and for any Policies and Procedures North American Power 4
expenses which result from their business operations. These expenses include, but are not limited to: licenses or
permits required to operate a business, legal fees connected with the use of an assumed business name, telephone
expenses, service advertising, and any other expenses incurred. An IR shall not involve North American Power
directly or indirectly in any contractual relationships relating to their business. IRs are prohibited from signing any
contract, renting or leasing office space or equipment, opening any bank account, securing credit, cashing any
negotiable instrument, making purchases or entering into agreements of any kind in the name of or on behalf of
North American Power. Each IR shall hold North American Power harmless from any claims, damages or liabilities
arising out of said IR’s business practices.
Reporting of Taxes
IRs are solely responsible for the payment of all state and federal self-employment taxes and any other tax required
by any state, federal, regulatory or taxing agency. North American Power will provide an IR with a 1099 form for any
commissions, bonuses, or other financial revenue, which are in the aggregate equal to or greater than $600 per year.
IR Rights and Obligations
Behavior
All IRs will operate in an ethical and lawful manner. IRs will use their best efforts to acquire energy accounts for
North American Power within the areas and parameters designated by North American Power. IRs are to conduct
themselves in a fair and professional manner at all times, and they shall avoid all discourteous, deceptive, misleading
or unethical practices, including, but not limited to, any disparaging or derogatory statements about North American
Power or any other North American Power entity, North American Power employees or any other IR. Furthermore,
North American Power will not tolerate disparaging or derogatory statements about other marketing companies.
IRs are encouraged to keep accurate records. Additionally, IRs agree to be aware of and abide by all federal, state
and local laws and regulations governing the sale or solicitation of the services marketed by North American Power,
including, but not limited to, occupational licenses, solicitation licenses, business licenses, merchant licenses or any
other license or permit that may be required to perform any duties under the IR Agreement. The naming of an IR in
any injunctive or prohibitory administrative or court order, including in any consent decree, in connection with the IR’s
misconduct as a North American Power IR or in connection with any North American Power related activity by such
IR, shall constitute a refutable presumption of the IR’s failure to operate such IR business in a lawful manner.
Customer Privacy
An individual’s right to limit the use of information about them is an essential aspect of North American Power’s
business. IRs are also charged with being guardians of customer information. An IR shall not use in any way any
information provided by the customer on the energy service application including, but not limited to, gas and electric
account numbers, phone numbers, address or email addresses, credit card or checking account information, bank
routing numbers, or information which the customer may disclose to you in connection with his or her energy usage,
or information provided by North American Power to you about the customer, to market services to the customer.
Failure to honor a customer’s privacy concerns may subject the IR to disciplinary action up to and including
termination of the IR position.
Territorial Rights
North American Power imposes no franchise or territorial restrictions on IRs with regard to sales, promotion and
sponsoring efforts, and each IR shall have the right to conduct business anywhere in the United States that North
American Power offers its services to consumers without exclusivity.
Termination for Violation of North American Power Policies and Procedures
Notwithstanding anything to the contrary contained herein, if an IR’s position is terminated or cancelled for a violation
of any of the North American Power Policies and Procedures, such IR may never reactivate his or her position or start
a new position. Policies and Procedures North American Power 5
Unauthorized Contact with a Local Utility
Under no circumstances will an IR directly contact a local utility company on behalf of North American Power or in
connection with any North American Power business without receiving prior written authorization from an authorized
officer of North American Power.
Additional Costs
As a participant in North American Power’s Commission Program certain services are provided at the discretion of
North American Power, such as a company newsletter and organization reports, all of which are included at no cost
to an IR with North American Power.
Recruiter Support
IRs understand they are responsible for advising and supporting the IRs they recruit. IRs agree to maintain
communication and support to IRs in all of their commissionable organization by way of any combination of the
following methods: personal contact, telephone communication, written communication and attendance at North
American Power meetings.
Recruiter Disputes
North American Power will not mediate disputes involving recruit designations. North American Power recognizes
the individual whose name appears on the IR Agreement postmarked at the earliest date or entered onto a Rep
website as the recruiter. North American Power reserves the right to review recruiter practices.
Sale Transfer of the IR Position
Subject to North American Power’s prior review and approval, which approval North American Power may grant at its
sole discretion, an IR may sell or transfer his/her IR position to an individual, partnership, trust or corporation. A sale
will be defined as a change in which the individual(s) selling the IR position no longer maintain(s) a financial interest
in the IR position upon completion of the sale. A transfer will be defined as a change in name and/or identification
number in which the IR retains any financial interest in the IR position upon completion of the transfer. Some
examples of transfers are from one spouse to the other spouse; transfer from an individual to a corporation; trust or
partnership or vice versa, in which the transferor or any individuals having an interest therein still retains a financial
interest; and transfer from social security number to FEIN or vice versa. In all cases, the transferor retains a financial
interest/ownership interest after the transfer. The review and approval process will not begin until North American
Power has received all the documentation required in accordance with requirements set forth in the Position Sale/
Transfer Package, including a check or money order for the applicable processing fees from the IR who is selling/
transferring the position. The applicable processing fees are as follows:
Sale (To be paid by Seller):
$50.00 fee.
Transfer (To be paid by transferor):
$50.00 fee.
North American Power reserves the right, at its sole option and discretion, to determine a sale versus a transfer. A
Sale/Transfer Package may be obtained by contacting Representative support.
North American Power will not approve any sale or transfer of an IR Position for which North American Power
receives a Notice of Levy from the Internal Revenue Service or a court ordered garnishment (i.e. child support)
against the transferring position. North American Power will also revoke any sale or transfer of an IR Position that
occurs within a 60-day period in which North American Power receives a Notice of Levy from the Internal Revenue
Service or a court ordered garnishment. North American Power will also not approve any sale or transfer of an
IR Position that involves an IR currently under investigation. Once the sale or transfer of a position has been
completed, the transferring IR may not operate another IR position for six (6) months from the date of the sale or
transfer. Policies and Procedures North American Power 6
Inherited or Bequeathed Positions
An IR’s position can be inherited or bequeathed. In order to transfer a position which has been inherited or
bequeathed, a representative of the estate of the deceased IR must provide North American Power with the
following:
1. 1. A certified copy of the death certificate of the deceased IR.
2. A copy of the will setting forth provisions affecting ownership of the IR position with proof of its
admission to probate, or a certified copy of a court order determining heirship.
3. Certified Letters Testamentary setting forth the name of the personal representative of the deceased
IR’s estate, dated no more than sixty (60) days from the effective date of the transfer.
4. Fully completed Sale/Transfer Package, signed by the personal representative of the deceased IR’s
estate and the transferee.
5. Fully completed IR Agreement for the individual or entity entitled to the IR position, signed by the
transferee.
Transfers of Recruitment
Due to the complex nature of, and difficulties caused by making recruiter changes, North American Power does not
allow transfers from one recruiter to another. The only exception to this rule is as follows: if within an IR’s first 30 days
no Customer Acquisition Bonuses have been paid out, the recruiter may release an IR to another recruiter. North
American Power must receive this release in writing via fax or mail. If the exception is not met the only action an
IR may take is to voluntarily terminate his/her position and re-apply as a new IR in six (6) months with the desired
recruiter.
Transfers of Energy Accounts
Due to the complex nature of, and difficulties caused by making customer changes, North American Power does not
allow transfers from one IR to another. The only action a customer may take is to voluntarily terminate his/her energy
service and then reapply as a new energy customer in six (6) months with the desired IR. Any violation of this rule,
including cross-recruiting other North American Power customers, can result in suspension or termination of all IRs
involved.
Soliciting IRs from the Organizations of Other North American Power IRs (Cross-Recruiting)
North American Power strictly prohibits the solicitation of IRs currently recruited by another individual under the
North American Power program. North American Power also strictly prohibits IRs from knowingly recruiting, or
directly or indirectly helping others to recruit into any other competing or noncompeting sales organization or
program, any IR not personally recruited. IRs may not be involved directly or indirectly in the solicitation of gas or
electricity customers to any other gas or electricity providers. Cross-recruiting other North American Power IRs or
customers can result in suspension or termination of all IRs involved.
Service Not Requested (Slamming) – Zero Tolerance Policy
Slamming is the unauthorized transfer of a customer’s energy (gas or electric) service from the current service
provider to a new energy (gas or electric) provider. The slamming of a customer to North American Power’s service
is strictly prohibited by North American Power’s Policies and Procedures as set forth in every North American Power
Agreement and will result in the immediate termination of the IR Agreement and forfeiture of all commissions and
other payments. In addition, North American Power may take legal action against such IR to recover actual and
consequential damages, costs, attorney’s fees, and other expenses and relief. Slamming is illegal under Federal law
and in every state and may carry criminal penalties. North American Power may refer IRs who slam customers for
criminal prosecution. Policies and Procedures North American Power 7
Misrepresentations
At no time is an IR permitted to represent themselves as a representative of the local utility company. An IR must
clearly state that they are an Independent Representative with North American Power and are signing up customers
on behalf of North American Power in that particular geographical location. Any misrepresentation will subject an IR
to disciplinary action and possible termination.
Foreign Languages
IRs may not sign up a customer who speaks a different language. IR’s can only sign up a customer in whose
language they are fluent.
Change of Address
IRs must report any change of address by calling North American Power Representative Services or by sending
written notification to North American Power. Written notification of an address change must be signed by all parties
when a position is owned by more than one individual (i.e., husband and wife). When mail is returned to North
American Power because North American Power has not been informed of an address change, the IR is placed on
inactive status.
Second Party Purchase of Independent Representative Services Program
North American Power strictly prohibits the purchase of the Independent Representative Services Program by
anyone other than the IR receiving that package. Purchase of the Independent Representative Services Program by
a second party (including his recruiter or any other IR) may result in termination of either or both parties from North
American Power’s program. No IR may loan or advance money to a prospect in order to pay for the Independent
Representative Services Program, to begin the business or to promise reimbursement of any kind to the prospective
IR.
Charges to other IRs
No IR may charge a fee or request payment from a prospective IR or customer for attendance to a North American
Power Business Presentation or North American Power IR Training. An IR may require that other IRs attending his/
her Business Presentation contribute not more than $5 toward the meeting expenses. IRs may charge other IRs
for attendance to Advanced Trainings and/or other special events such as Leadership Conferences, but IRs may
only charge enough to cover the cost of Advanced Trainings or special events. IRs holding such trainings/events
must keep a detailed accounting of all associated revenues and expenses. North American Power may periodically
request these accountings for review.
Purchase and Sale of Customers
No IR may purchase, sell or give a completed energy account form to any other person or entity.
Solicitation by Prize or Drawing, Non-North American Power Sales Programs
IRs may not solicit, train, instruct or obtain new or existing customers or IRs by means or in connection with
any lottery, drawing, or prize, nor by means of or in connection with any non-North American Power service or
compensation plan. Further, IRs may not solicit, train, instruct or obtain new or existing customers or IRs by means of
direct mailing, the use of unapproved advertising or literature, nor in connection with another service or opportunity
which has not been previously approved by North American Power.
Endorsement of Special Interest Groups, Organization
IRs are free to endorse, support and participate in any lawful group, cause or organization of their choosing, but may
not do so in connection with their North American Power business, nor shall an IR represent that North American
Power endorses or supports any special interest group or cause. An IR may sponsor individuals or teams (i.e. youth
sports teams, softball teams, soccer, etc.). These groups may be sponsored as IRs where in turn they wouldPolicies and Procedures North American Power 8
be eligible to recruit other IRs and earn commissions. All commissions would go to the organization. However, with
respect to such recruitment, only the IR logo may be used, and usage must be within the guidelines as established
in the most current version of the IR Marketing Guide and in accordance with the Policies and Procedures contained
herein.
Representative Associations
IRs understand that North American Power does not endorse or approve any association, and IRs will make no claim
to the contrary. If a question arises concerning compliance by an association to these Policies & Procedures, the
question should be submitted to North American Power in writing to the address provided. IRs may form formal and
informal member associations in order to mutually assist one another in their North American Power business. The
purposes for which an association may be formed and operated and the activities of an association are limited to
any one or more of the following:
1. 1. To share related business expenses.
2. To provide a periodic newsletter to association members. An association may publish a periodic
newsletter provided the complete content thereof is in compliance with North American Power’s
Policies and Procedures. Such newsletters must state that they are not reviewed or endorsed by
North American Power and do not represent the views of the company.
3. To provide for and conduct business presentations and official North American Power training, which
may not be exclusive to members.
4. To conduct informal meetings, conferences and special training sessions for association members,
which may be exclusive to members. However, such an exclusive meeting may not be announced
at an official North American Power meeting of any kind. An association may utilize a specific name
for its Association provided that if the name includes the name North American Power it must also
state the phrase “Independent Representatives” and shall at all times use its complete name in
connection with North American Power-related association activities.
An association or any group of IRs that operates collectively or identifies itself as a group may not, using its name
only, nor on behalf of its members, recruit, conduct or participate in business presentations.
All association business presentations shall be open to all North American Power IRs and their prospects. The
association may charge a minimal fee per non-member in attendance; however, guests are not to be charged. If
seating capacity is an issue, non-members may not be refused admittance unless members have also been refused.
IRs participating in an association shall provide equal assistance to all IRs in their organizations without regard to
association membership and shall not solicit membership other than pointing out the actual benefits to membership
to the prospective member.
An association may assess fees to its members from time to time for shared expenses, or an association may
charge dues to its members. All other required or requested fees, charges or purchases by an association and/or its
members to members or prospective members are strictly prohibited and may not be charged or solicited except as
expressly permitted by North American Power’s Policies and Procedures, such as additional training fees. North
American Power is not responsible for refunding fees that an association may assess.
Each association must maintain accurate books and records of its receipts and expenditures and shall provide a
written report thereof at least once each calendar quarter for the prior calendar quarter to North American Power
and to those IRs who are or were members of the association as of the date of the report and at any time during the
prior calendar quarter. The failure to make reports on a timely basis, the misapplication of association funds or a
violation of this policy and procedure shall be grounds, at the discretion of North American Power, for suspension or
termination of the IRs involved in the violation(s).
No IR may offer or sell goods or services to an association of which such IR is also a member. No association
member may receive money from a person supplying services or goods to an association or to any member(s)
thereof by virtue of the purchases of the association or any of its member(s) from that person. An association Policies and Procedures North American Power 9
collectively, and not individual members of the association, may resell North American Power-distributed supplies to
generate proceeds for the association. The policies and procedures of the association may not conflict in any way
with the policies and procedures of North American Power, and the association may not limit or modify in any way a
member’s right to conduct his/her North American Power business.
Leadership members of an association may be held responsible for the activities of the association and appropriate
remedies may be pursued, including suspension of commissions or termination of the individual’s Agreement.
An Associate’s recruiter must assist the new Associate in acquiring energy accounts.
Special Programs and Promotions
From time to time North American Power may establish special programs or promotions and the IR must meet
the requirements of that program or promotion in order to participate. To the extent inconsistent herewith, the
requirements of the program or promotion shall prevail with respect to participation in such program or promotion;
however, such requirements and these Policies and Procedures shall be construed as consistent with each other to
the extent reasonably possible.
Further Obligations Specific to the Independent Representative Position
Independent Representative Code of Conduct
Failure to comply with any element of the Independent Representative Code of Conduct may result in disciplinary
action and subject an IR to possible termination.
1. 1. IRs must be neat, clean and presentable at all times. IRs must not use profanity, smoke, or even
chew gum in the presence of a potential customer.
2. IRs must be ethical at all times and must not try to persuade the customer against his or her wishes.
3. IRs must be honest, polite and informative. All questions must be answered honestly and clearly.
4. IRs must not misinform the customer in any way or omit information necessary for the consumer to
make an informed decision.
5. IRs must identify themselves by name and as a representative of North American Power and NOT as
a representative of the local utility company.
6. IRs must do everything necessary to ensure that the person named on the utility bill or an authorized
individual is the person who performs third party verification (TPV) or signs the customer contract.
Under no circumstances shall an IR perform TPV or sign a contract on behalf of the customer.
7. IRs must leave a copy of the “Terms of Service”, “Disclosure Label” (where applicable) and “The Right
to Recession” with the customer. Customers must be informed about what to expect in terms of
acceptance, welcome letters, billing, savings and the like, if sign up is done using a written LOA.
8. IRs must submit complete, legible and accurate forms where required.
9. IRs must be familiar with deregulation, and use only company approved literature and training
materials, including customer contracts, in order to represent and uphold the highest standards of
North American Power.
10. IRs must not attempt to solicit a customer who speaks a language in which the IR is not fluent.
11. IRs will not over-promise a percentage of savings, promise a specific dollar-amount of savings, or in
any way misrepresent the product.
12. IRs will not “slam” a customer, or knowingly allow their service to be switched without their full
understanding of the service offered.
13. IRs understand that third party verification (TPV) completes a sale that they have made and will not Policies and Procedures North American Power 10
misuse TPV as a means of continuing the sales process. Furthermore, the IR agrees to leave the
premises once they have completed the TPV process with the customer.
Compensation
Eligibility for Advanced Residual Commissions & Monthly Residual Income
All IRs must be active and qualified in order to be eligible to receive any commissions, bonuses or other financial
payments. IR qualifications and eligibility requirements to receive commissions, bonuses or other financial payments
are contained in the Compensation Plan or elsewhere herein. North American Power may change commission’s
percentages, the commission structure, bonuses and/or any other from of IR compensation payment at its option
and sole discretion.
Payment on the Acquisition of Energy Accounts & other products
North American Power will pay a advanced residual commission weekly on the accounts accepted by North
American Power or product purchases, weekly payments are two weeks in arrears. Please see compensation plan
details for qualifications and payment amounts at each rank.
Residual Payment on Energy Accounts & other products
The IR will receive a monthly residual payment per active, billing, commissioned from the PUC energy customer, and
product sale per the compensation plan details.
North American Power will not be responsible for the loss of payment on or delay in accepting an energy account
due to the following:
1. 1. No IR Agreement on file with North American Power or record of IR online sign up.
2. Incomplete or incorrectly filled out IR Agreement or an energy account that was determined to be a “No
Sale” by Third Party Verification company.
3. Late IR Agreement or energy account that was determined to be a “No Sale” by Third Party Verification
company.
4. Incorrect IR identification during Third Party Verification customer acquisition call or on IR Agreement or
online IR sign up.
5. No signatures on IR Agreement or incomplete IR online sign up.
6. Improper notification of change of address.
7. Energy account (customer) is in an area not serviced by North American Power.
Real Time Online Organization Reports
Real time organization reports will be available through an IR’s back office, displaying the number of Independent
Representatives in an IR’s organization, plus, the total number of energy accounts, or product purchases used for
rank promotions. There is no charge to the IR by North American Power for access to their back office. However
NAP does offer a Business Builder Website/Back Office for $14.95 a month, this is not a requirement or mandatory.
The IR agrees and acknowledges such information is proprietary and confidential to North American Power and is
transmitted to the IR in strictest confidence. IR agrees he/she will not use the information other than for the benefit
of North American Power and for the purpose of operating the IR position. The IR and North American Power agree
that, but for this agreement of confidentiality, North American Power would not provide the above confidential
information to the IR. Policies and Procedures North American Power 11
Weekly Payments
Advanced Residual Commissions on energy accounts, and product purchases, should have a payment issued on
the second Friday after the week in which the energy account has been accepted by the LDU, or product purchased
date. Any earnings discrepancy should be reported to North American Power in writing or via email in order to have
the proper research performed.
North American Power must receive all payment inquiries within ninety (90) of the commissions release date. All lost
or missing payments that an IR wishes to have reissued by North American Power must be requested in writing and
may take up to ninety (90) days to be reissued.
Monthly Residual Income Payments
Monthly residual income payments are made once a month and issued after the fourth billing cycle that the
customer was acquired, if an initial Advanced Residual Commission was paid. For example, customers acquired in
January will be paid on the 15th of May (or 1st business day thereafter if the 15th falls on a holiday or weekend). For
customers that did not qualify for an advanced residual commission, payment will be issued on the 15th of the month
in the first month after the customer has paid their utility bill, except where noted in the compensation plan.
Recurring Product purchases will be paid the following month after the initial product purchase. For example if an IR
in your organization that you are qualified to receive monthly residual on purchases a product on Jan 14, and again
on Feb 14, you will receive residual commission on Feb 14th purchase in March.
All payment inquiries must be received by North American Power within ninety (90) days of the payment’s issue date.
A request to reissue lost or missing payments must be made in writing and may take up to ninety (90) days to be
reissued. Both advance residual commissions and residual payments must be greater than $25 before a payment
will be issued to IRs. All payments earned will be accumulated until the appropriate amount is reached and, if less
than the amount required to issue a payment, automatically added to the next month’s payment.
Returned Check Charge
There will be a check charge for any returned check that is provided to North American Power by an IR. North
American Power may require that any IR who has given North American Power a check that has been returned
unpaid, pay all further transactions with North American Power by cashier’s check or money order.
Suspension/Termination
At the sole discretion of North American Power, an IR’s Agreement may be suspended or terminated for cause,
including but not limited to the following reasons:
1. Breach or violation by the IR of any of the terms or provisions of the IR Agreement or any published
North American Power Policy or Procedure.
2. The IR discredits the name of North American Power.
3. The IR misrepresents North American Power by making claims contrary to North American Power
literature.
4. Other material cause, in the sole discretion of North American Power. When a decision is made to
suspend or terminate an IR, North American Power will inform the IR in writing that their position may
be suspended or terminated immediately, effective of the date of the written notification or other
specified date. The IR will have ten (10) days from the date of the mailing of the letter in which to
respond to and thereby appeal in writing the suspension or termination. The IR’s written appeal
must be received or postmarked within ten (10) days of the suspension/termination letter. If the
appeal is not received or postmarked within the ten (10) day period, this failure to respond in a timely
fashion will be considered acceptance of the suspension/termination. If an IR files a timely appeal
of suspension/termination, North American Power will review the suspension/termination, consider
any other appropriate information, and notify the IR of its decision. The decision will be final and Policies and Procedures North American Power 12
subject to no further review. In the event the suspension/termination is not rescinded, suspension/
termination will be effective as of the date of North American Power’s original designated
suspension/termination date.
Voluntary Termination Procedure
This Agreement may be voluntarily terminated, at any time, for any reason, by submitting a personally signed letter
stating resignation to North American Power. Termination of the IR Agreement will become effective upon receipt by
North American Power. The resigning IR may re-apply after six (6) months from effective date of resignation.
Effect of Suspension/Termination
In the event the IR is involuntarily suspended or terminated, all bonuses and other payments from and after the
suspended or terminated IR as of the effective date of the suspension or termination shall be forfeited. Once
terminated by the Corporate Office for cause, such IRs may not re-enter
North American Power as an IR in any manner.
Presentation of North American Power Opportunity and Service
Each Independent Representative begins with an equal opportunity for income. The North American Power business
presentation script is designed for IRs to present clearly and easily the North American Power business opportunity
in a lawful manner. IRs understand and agree that only corporate materials will be used in all training sessions and
business presentations.
IRs will not make false or misleading statements about North American Power and/or the North American Power
business opportunity. In presenting the business opportunity to potential Associates, only those figures published
by North American Power and made available to IRs for the specific purpose of recruiting may be utilized. The
use of other written or verbal income projections, actual IR commission checks and all other income potential
representations whatsoever are strictly prohibited. IRs shall present the North American Power opportunities of
IRs, and energy customers as separate relationships to North American Power, so that each prospect shall choose
only those relationships with North American Power which he or she truly desires. No guarantees of any income
nor assurances of any profits or success are made by North American Power. Furthermore, any financial success
resulting from activities as an IR will only occur in relation to the acquisition of energy accounts, and any success
achieved will be based completely upon the IR’s efforts, commitment and skill.
Any variation from the business presentation script, training or corporate materials may result in legal action,
including but not limited to:
1. Forfeiting one month’s bonus payment up to a maximum of $100,000.
2. Suspending or terminating the IR position. North American Power periodically audits business
presentations to ensure compliance with this policy. North American Power will use recording
devices in connection with such audits and all IRs hereby consent to the taping of North American
Power business and training meetings.
IRs understand that North American Power provides a free website with all training and presentation materials
available.
IRs understand that no Attorney General or other regulatory authority ever endorses or approves any service,
product, membership, compensation program or company and will make no such claims to others.
North American Power prohibits IRs from prematurely soliciting energy accounts or IRs in a new territory without
receiving express instructions and approval from North American Power. Any such instructions or approval would
be issued from the North American Power corporate office through its written communications channels. The
prohibition includes, but is not limited to, solicitation in foreign territories and/or countries where North American
Power’s service and/or the North American Power opportunity has not been available before. Any violation of this Policies and Procedures North American Power 13
rule will subject an IR to suspension or termination.
Advertising and Promotion
North American Power encourages its IRs to promote North American Power’s service and business opportunity.
The following rules, however, provide a guideline for all IRs to promote ethical marketing practices and to avoid
jeopardizing the integrity and reputation of North American Power and its IRs.
Use of North American Power Name, Logo or Trademarks
IRs understand and agree that they will not use the North American Power name, or the trade names, logos,
copyrighted material, trademarks or service marks (the “Proprietary Materials”) of North American Power except in
materials provided by and approved by North American Power. Unauthorized use or duplication of the proprietary
materials is strictly prohibited and subject to penalties under law. Subject to revocation at the sole and absolute
discretion of North American Power, IRs are given approval to use the official Independent Representative logo
only for limited use on business cards, letterhead, envelopes, and for approved marketing techniques. They
must conform to a template, script or form distributed by North American Power in furtherance of the policies
contained herein and the North American Power Marketing Guide (available in the future). All materials, whether
North American Power is mentioned or not, relating to a North American Power meeting or connected to the
North American Power business opportunity, must be created, approved or distributed by North American Power.
Additionally, IRs may not create, use or sell any sales aids, ad specialty, novelty items or promotional materials (such
as T-shirts, key chains, coffee mugs, pens or any other similar type items) in connection with their North American
Power business.
North American Power absolutely prohibits IRs from creating, using or selling literature and sales aids created by the
IR as well as those created by others.
Print Advertisements (Newspapers, Magazines, Flyers, etc.) and Other Marketing Materials
Independent Representatives are not permitted to create, post or distribute any print advertisements or other
marketing materials related to North American Power. Any IR found to be using materials not approved by North
American Power may be subject to suspension. Independent Representatives are encouraged to send ideas for
marketing materials to marketing@napower.com. Additionally, Independent Representatives are free to use the
materials provided within their back office and at napowershop.com.
Television/Radio Advertisements and Media Appearances
Independent Representatives are strictly prohibited from engaging in any television or radio advertisements
or appearances regarding the North American Power opportunity. Any Independent Representatives that are
contacted by members of the press regarding potential media appearances should contact Representative
Support immediately before making any comment or providing any information.
Telephone Procedures
North American Power prohibits IRs from answering the telephone in any manner that may give callers a reason to
believe that they have reached the corporate offices of North American Power. Specifically, IRs are prohibited from
answering the telephone by responding “North American Power” or by using any other form of the North American
Power name. Use of the North American Power name in Yellow Pages telephone number listings is also strictly
prohibited; however, IRs may list their name in the white pages so long as the title “Independent Representative”
accompanies the IR name in the listing.
Convention and Trade Shows
IRs may promote their businesses at events such as conventions and trade shows provided the IR complies with
guidelines set forth in North American Power’s Advertising Guide. IRs are prohibited from registering for any event
under the name “North American Power.” IRs must register under their name or the name of their business. Policies and Procedures North American Power 14
Telemarketing and Mail Sales Programs
IRs may not solicit, obtain or instruct energy customers or IRs by means of unapproved advertising or literature,
nor in connection with another product or opportunity. The obtaining of energy customers and/or IRs by means of
telemarketing or the obtaining of energy customers by the use of blind mailing lists is strictly prohibited and will
result in the termination of the IR. This includes direct e-mail campaigns, inclusion in blind e-mail mailers and Usenet
News cross-postings (spams). You may use blind mailing lists to recruit IRs, provided such use is in conformance
with the guidelines contained in the North American Power Advertising Guide.
Email and Other Online Correspondence
All electronic communications by IRs regarding their North American Power business must be clear, honest and
complete so that the recipient of the communication will know the exact nature of what is being offered. Claims that
are untrue, misleading, deceptive or fraudulent shall not be used. IRs are required to abide by all applicable laws
and regulations regarding electronic communications. An IR shall not knowingly conduct activities via electronic
communications in any market or country where such activities are prohibited by law.
Independent Representatives are prohibited from sending unsolicited emails that do not comply with the applicable
laws and regulations including, without limitation, the Federal CAN SPAM ACT. North American Power IRs are
prohibited from utilizing unsolicited bulk e-mail distributions, also known as spamming, cross-postings to unrelated
or off-topic newsgroups, or any other e-mail distributions that may be illegal under applicable federal, state or local
laws, rules or regulations, to solicit North American Power customers or new IRs. This prohibition includes, but is
not limited to, e-mails that contain unauthorized use of copyrighted materials, threatening or obscene materials,
or materials protected by trade secrets. Fraudulent behavior, including but not limited to, the forging of forum
postings or electronic mail, unauthorized use of a third party’s Internet domain name or otherwise misrepresenting
a message’s point of origin, is forbidden. Harassing or abusing others through e-mail or forums is also prohibited.
Rude, vulgar, or sexually explicit or inferential language or symbols are not appropriate. North American Power
forbids this type of language when sending e-mail through the Internet to promote the North American Power
business opportunity or an IR’s North American Power business. The promotion of chain letters or any pyramid or
endless chain scheme is strictly prohibited. Emails and other online correspondence sent by IRs must also abide by
the following:
• Use of deceptive subject lines or any misrepresentation of the North American Power opportunity
within body of the email is strictly prohibited
• IRs must include a return email address to the sender, as well as a physical return mailing address
• The email must clearly state that the message is an advertisement or solicitation
• IRs must disclose within the email that the recipient may reply, and also has the option to “opt out” of
future email solicitations from the sender. All “opt-out” requests from recipients to the sender must
be honored
• Emails must only mention the North American Power Independent Representative opportunity, and
cannot market towards customers
Signature Line
IRs must clearly state within their signature lines that they are Independent Representatives. IRs may not imply that
they are brokers, employees with North American Power or are acting on behalf of North American Power’s corporate
office.
IRs may only use North American Power’s Independent Representative logo, and are prohibited from using North
American Power’s corporate logo.
Violation of these policies may subject an IR to suspension or termination in addition to any damages or
penalties provided by law. Policies and Procedures North American Power 15
Social Media (Facebook, Twitter, LinkedIn, etc.)
Independent Representatives are permitted to use internet chat rooms, blogs, social networking sites and other
online forums to promote North American Power’s Independent Representative opportunity. However, IRs are
prohibited from marketing towards electricity customers.
In addition to the marketing guidelines established within North American Power’s Policies and Procedures,
Independent Representatives who choose to use social media must comply with the following:
• IRs may not make any hypothetical or actual income claims or promises, or otherwise misrepresent
the North American Power opportunity
• IRs must clearly state that they are Independent Representatives, and are not employees of North
American Power, acting on behalf of North American Power’s corporate office and are not brokers
YouTube and Other Online Video Sharing Sites
Independent Representatives who use YouTube or other online video sharing sites may only post testimonial
videos regarding the North American Power Independent Representative opportunity and cannot market towards
customers. These testimonial videos must follow North American Power’s marketing guidelines within the Policies
and Procedures as well as the two additional points listed above.
Taglines and titles used for the videos must not misrepresent the opportunity in any way, and also cannot market
towards customers.
Additionally, Independent Representatives must present themselves on these videos in a professional manner. IRs
may not disparage other companies or use profanity. All videos posted by IRs must comply with federal, state and
local laws. North American Power reserves the right to have any videos removed at its discretion.
Absolutely no other types of videos may be posted or distributed. Independent Representatives who are found to
have posted videos of North American Power events, webinars, or other unapproved videos may face suspension of
their IR account.
Violation of this policy may subject an IR to suspension or termination in addition to any damages or
penalties provided by law.
Advanced Marketing Techniques (Business Builder Package Needed)
Before Independent Representatives can engage in the advanced marketing activities specified below, they will
first need to complete the Marketing Guidelines Registration Form, available within the back office. Forms that are
incomplete or not filled out correctly will not be processed. In order for IRs to have their registration approved, they
will first need to purchase the North American Power Business Builder package. IRs who choose not to purchase
this package will not be granted permission to use any of the marketing and advertising techniques listed below.
Any Independent Representatives who are found to be using these techniques without first being approved via the
registration process may face suspension of their IR account.
Domain Names
Independent Representatives that use domain names that redirect to their napower.com replicated sites may
not use the North American Power name or any variation (i.e. NAP, Na Power, etc.). Additionally, IRs may not use
a domain name that misrepresents the North American Power opportunity, promises savings, or uses any other
deceptive practices. Domain names that suggest any affiliation with utility companies or imply that the site will
give customers choices of different suppliers are also prohibited. North American Power reserves the right to have
domain names removed at its discretion. Policies and Procedures North American Power 16
Banner Advertisements
Independent Representatives may place North American Power-created banner ads and links to their napower.com
replicated pages on third party websites. The third party website must not:
• promote any other competing energy company
• contain links or banner ads for a competing company
• contain any content that is inappropriate or distasteful, or is otherwise unsuitable for all age groups
Before an IR may post a banner ad or link, they must submit the web address of the third party website to
marketing@napower.com for review and approval. Only after the IR receives written approval from North American
Power may the IR post the banner ad or link.
All approved banner ads and links must be directed to napower.com replicated sites. Having links or banner ads
link to any page other than a replicated site is absolutely prohibited. North American Power reserves the right to, at
any time, rescind approval for the banner ad or link and have it removed.
Job Search Site Postings and Online Classifieds (i.e. Craigslist)
Approved Independent Representatives are permitted to post listings on job search sites, as well as online classified
advertising sites (i.e. Craigslist). In addition to following the marketing guidelines laid out in North American Power’s
Policies and Procedures, these postings and advertisements must comply with the following:
• may only mention the North American Power Independent Representative opportunity, and cannot
market towards customers
• cannot mention or promise any hypothetical or actual income or savings
• must clearly state that the advertisement has been posted by an Independent Representative of
North American Power and not its corporate office
• must provide the IR’s full name within the advertisement
• must have any links contained with the advertisement direct to napower.com replicated sites—links
to any other pages are strictly prohibited
North American Power reserves the right to, at its sole discretion, have any listing removed.
Pay-per-click or Search Engine Advertisements (i.e. Google, Bing, AOL, etc,)
Approved Independent Representatives are also permitted to post pay-per-click and search engine advertisements
to promote the North American Power Independent Representative opportunity. In addition to following the
marketing guidelines laid out in North American Power’s Policies and Procedures, these postings and advertisements
must comply with the following:
• may only mention the North American Power Independent Representative opportunity, and cannot
market towards customers
• cannot mention or promise any actual or hypothetical income or savings
• must have any links posted within the ad link to the IRs replicate site only—links to other sites are
strictly prohibited
• cannot be made to appear to have come from North American Power’s corporate officePolicies and Procedures North American Power 17
IR Facilities (Training Centers, Offices, Meeting Locations)
As with the naming of an association, or an IR position, if the name of an IR facility includes the words “North
American Power” it must also state the phrase “Independent Representatives” and the complete name shall at all
times be used in connection with North American Power related activities. The only approved signage for such
facilities is the IR logo. Camera-ready artwork of this logo will be available in the North American Power Advertising
Guide.
Translating Our Materials
North American Power appreciates the diversity of our IR base and is aware of the need for various language
translations of our materials. While we permit IRs to translate any of our materials not available in a specific
language, we assume no liability for the accurate translation of any published materials. IRs utilizing translated
materials are solely responsible for the correct and accurate recreation of all information and will be held solely
accountable for any misrepresentation or inaccurate information distributed. Any expense incurred will be the
responsibility of each IR, and translated materials may not be sold under any circumstances.
Compliance
These Policies and Procedures were created as a guideline for North American Power and all IRs and serve
to protect the rights of both parties. The Policies and Procedures ensure proper functioning of daily business
operations. Any IR who violates any provision of the IR Agreement, which includes all Policies and Procedures
itemized herein, may be immediately suspended or terminated by North American Power. A termination cancels any
and all rights of the IR and will be effective upon verification of the violation(s) and notification to the offending IR by
North American Power. A suspended or terminated IR is prohibited from having any interest of any kind in any other
IR position.
IRs understand the IR Agreement including these Policies and Procedures are governed under the laws of the
State of Connecticut and shall be so governed without regard to any conflict of laws to the contrary. The parties
agree that any claim, dispute or other difference between IRs and North American Power or among IRs and North
American Power shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of
the American Arbitration Association (The “Rules”) and the United States Arbitration Act, 9 U.S.C. Sections 1-16 (The
“Act”) with arbitration to occur at Norwalk, CT. This paragraph shall control over any conflict between paragraph and
The Act or The Rules. The parties agree that the arbitrator shall have the primary power to decide any question
about the arbitrability of any claim, dispute or other difference between them. The arbitrator may award, in
addition to declaratory relief, preliminary and permanent injunctive relief and actual damages. The arbitrator shall
not have the authority to award attorney’s fees, costs, or economic consequential or incidental damages, except that
the arbitrator may award to North American Power such relief in a proceeding brought by North American Power
against an IR for slamming or cramming. The decision of the arbitrator will be entitled to enforcement in any court of
competent jurisdiction. This provision shall not be construed so as to prohibit North American Power from obtaining
preliminary and permanent injunctive relief in any court of competent jurisdiction.
Louisiana Residents
Notwithstanding the foregoing, residents of the State of Louisiana shall be entitled to bring an action against North
American Power in their home forum and pursuant to Louisiana law.
Non-Competition; Non-Solicitation
During the initial term and all renewal terms of this agreement, Independent Representative agrees that neither He/
She;
1. shall provide services similar to those services provided to North American Power pursuant to this
agreement to any other person or entity that is in the same or similar business as North American
Power or its affiliates; nor
2. shall directly or indirectly solicit pricing information or service commitments from any electricity or Policies and Procedures North American Power 18
natural gas provider from which North American Power or its affiliates have acquired as an accepted
customer during the term of this agreement; nor
3. shall directly or indirectly discourage or otherwise attempt to neither prevent any person from doing
business with North American Power nor directly or indirectly disparage, by any means to any person,
North American Power, North American Power business, or any representatives of North American Power.
Non-Solicitation of Customers
Independent Representative specifically agrees that the IR will not solicit, for IR’s own benefit or for the benefit of any
affiliate or client, any of North American Powers customers that IR has acquired on behalf of North American Power
for any energy-related purpose during the initial term and all renewal terms of this agreement and for a period of two
(2) years thereafter.
Amendments
IRs understand that in order to maintain a viable marketing program and to comply with changes in federal, state or
local laws or economic conditions, North American Power may modify existing Policies and Procedures and Provide
Policies and Procedures and rules and regulations for IRs from time to time, as well as modify its compensation
program, customer services and charges. Such modifications to the Policies and Procedures, the rules and
regulations, the compensation plan or any other customer services, and all charges thereto, shall, upon notice to the
IR or by publication in the North American Power newsletter, in the Company’s Internet site or an IR Web site become
a binding part of the IR Agreement.
Waiver
No term or condition shall be deemed to have been waived nor shall there be any estoppel to enforce any of the
terms or provisions of the IR Agreement except by written instrument of the authorized party charged with such
waiver or estoppel. It is further understood that a waiver at any time of any of the terms or provisions shall not be
construed as a waiver of any of the other terms or provisions and that a waiver at any time of the terms or provisions
shall not be construed as a waiver at any subsequent time of the same terms or provisions.
Indemnity
Each IR agrees to indemnify and to hold North American Power and all North American Power entities harmless from
any and all claims, damages and expenses, including attorney fees, arising out of actions or conduct in violation of
the IR Agreement.
Severability
Should any portion of these Policies and Procedures, or the IR Agreement, or any other instruments referred to
herein or issued by North American Power be declared invalid, the remaining provisions shall continue at North
American Powers option in full force and effect.
Construction
All personal pronouns used in these Policies and Procedures include the other genders, whether used in the
masculine, feminine or neuter gender, and the singular shall include the plural whenever and as often as may be
appropriate.
TERMS OF SERVICE
THIS STANDARD SERVICE AGREEMENT (“Agreement”) will authorize North
American Power and Gas to serve as the undersigned Customer’s retail
electricity supplier in the territory of PPL (a “Local Utility”), PECO (a “Local Utility”),
Duquesne Light (a “Local Utility”), Penn Power (a 'Local Utility'), West Penn Power
(a 'Local Utility'), Met-Ed (a 'Local Utility') or Penelec (a 'Local Utility'). The services provided by North American Power and Gas to
the Customer are governed by the terms of this Agreement
BACKGROUND: We at North American Power and Gas are licensed by the Pennsylvania Public Utility Commission (“PPUC”) to
offer and supply electric generation service in Pennsylvania. Our PPUC license number is A-2010-2174743. North American Power
and Gas will supply all the electricity that the Customer needs for its home or business (“Supply Service”). North American Power
and Gas is a retail supplier of electricity and is not affiliated with the Customer’s Local Utility. You will receive a single bill from the
Local Utility for their charges and our charges. The Local Utility also will respond to emergencies and will remain the Customer’s
point of contact in the case of a power outage. North American Power and Gas sets the generation prices and charges that you
pay. The Public Utility Commission (“PPUC”) regulates distribution prices and services from your Local Utility. The Federal Energy
Regulatory Commission regulates transmission prices and services.
RIGHT OF RESCISSION: Customer has the right to rescind this Agreement within three (3) business days after the date on which
the Customer enrolls with North American Power and Gas. To rescind this Agreement, please call (888) 313-9086 or email us at
customercare@napower.com
DEFINITIONS: Distribution charges are basic service charges for delivering electricity over the distribution system to the home or
business from the transmission system. Generation Charge is the charge for production of electricity. Transmission Charge is
the charge for moving high voltage electricity from a generation facility to the distribution lines of an electric distribution company.
LENGTH OF AGREEMENT: North American Power and Gas will begin providing Supply Service under this Agreement when the
Local Utility switches the Customer’s account to North American Power and Gas. Electric service will begin upon the first meter
reading following the date on which the Local Utility successfully changes the Customer’s account to North American Power and
Gas. This process may take up to ninety (90) days. The Customer’s Supply Service with North American Power and Gas will
continue on a month-to-month basis until the Customer chooses to switch to another service provider and its Local Utility
successfully changes the service.
TERMS OF SERVICE – Basic Service Prices: North American Power and Gas offers a variable rate for electricity which may be
adjusted on a monthly basis. North American Power may offer a one- time introductory rate for new customers which will be a
fixed rate for up to three billing cycles. Following the term of the introductory rate the customer will receive North American
Power’s variable rate for electricity. The variable rate may increase or decrease to reflect price changes in the wholesale power
market. Our product is tied to the wholesale price of the PJM markets. The Customer agrees and understands that the rate may
change from month to month. The Customer’s initial rate will be set forth in the Welcome Kit provided. The Customer’s rate
includes generation charges and transmission charges, and estimated current total state taxes, including current Gross Receipts
Taxes, but excludes applicable state and local sales taxes. The Customer should contact North American Power and Gas at (888)
313-9086 for its most current rate information.
BILLING: The Customer will still receive one monthly bill from its Local Utility for the Supply Service provided by North American
Power and Gas and the Distribution Service provided by its Local Utility. The Customer will continue to pay its Local Utility directly.
The Customer should direct any questions regarding the bill to its Local Utility. See “Contact Information” below for Local Utility
contact information.
RENEWAL NOTICE AND NOTIFICATION OF CHANGES: If you have a fixed term agreement with us and it is approaching the
expiration date, or whenever we propose to change our terms of service in any type of agreement, you will receive written
notification from us in each of the last two bills for electricity supply service charges or in corresponding separate mailings that
precede either the expiration date or the effective date of the proposed changes. We will explain your options to you in these two
advance notifications
EMERGENCY: In the event of an emergency such as a power outage, the Customer should call its Local Utility.
ASSIGNMENT: North American Power and Gas reserves the right to assign the Supply Service and this Agreement at the
discretion of North American Power and Gas at any time without notice. TERMS OF SERVICE
THIS STANDARD SERVICE AGREEMENT (“Agreement”) will authorize North
American Power and Gas to serve as the undersigned Customer’s retail
electricity supplier in the territory of PPL (a “Local Utility”), PECO (a “Local Utility”),
Duquesne Light (a “Local Utility”), Penn Power (a 'Local Utility'), West Penn Power
(a 'Local Utility'), Met-Ed (a 'Local Utility') or Penelec (a 'Local Utility'). The services provided by North American Power and Gas to
the Customer are governed by the terms of this Agreement
BACKGROUND: We at North American Power and Gas are licensed by the Pennsylvania Public Utility Commission (“PPUC”) to
offer and supply electric generation service in Pennsylvania. Our PPUC license number is A-2010-2174743. North American Power
and Gas will supply all the electricity that the Customer needs for its home or business (“Supply Service”). North American Power
and Gas is a retail supplier of electricity and is not affiliated with the Customer’s Local Utility. You will receive a single bill from the
Local Utility for their charges and our charges. The Local Utility also will respond to emergencies and will remain the Customer’s
point of contact in the case of a power outage. North American Power and Gas sets the generation prices and charges that you
pay. The Public Utility Commission (“PPUC”) regulates distribution prices and services from your Local Utility. The Federal Energy
Regulatory Commission regulates transmission prices and services.
RIGHT OF RESCISSION: Customer has the right to rescind this Agreement within three (3) business days after the date on which
the Customer enrolls with North American Power and Gas. To rescind this Agreement, please call (888) 313-9086 or email us at
customercare@napower.com
DEFINITIONS: Distribution charges are basic service charges for delivering electricity over the distribution system to the home or
business from the transmission system. Generation Charge is the charge for production of electricity. Transmission Charge is
the charge for moving high voltage electricity from a generation facility to the distribution lines of an electric distribution company.
LENGTH OF AGREEMENT: North American Power and Gas will begin providing Supply Service under this Agreement when the
Local Utility switches the Customer’s account to North American Power and Gas. Electric service will begin upon the first meter
reading following the date on which the Local Utility successfully changes the Customer’s account to North American Power and
Gas. This process may take up to ninety (90) days. The Customer’s Supply Service with North American Power and Gas will
continue on a month-to-month basis until the Customer chooses to switch to another service provider and its Local Utility
successfully changes the service.
TERMS OF SERVICE – Basic Service Prices: North American Power and Gas offers a variable rate for electricity which may be
adjusted on a monthly basis. North American Power may offer a one- time introductory rate for new customers which will be a
fixed rate for up to three billing cycles. Following the term of the introductory rate the customer will receive North American
Power’s variable rate for electricity. The variable rate may increase or decrease to reflect price changes in the wholesale power
market. Our product is tied to the wholesale price of the PJM markets. The Customer agrees and understands that the rate may
change from month to month. The Customer’s initial rate will be set forth in the Welcome Kit provided. The Customer’s rate
includes generation charges and transmission charges, and estimated current total state taxes, including current Gross Receipts
Taxes, but excludes applicable state and local sales taxes. The Customer should contact North American Power and Gas at (888)
313-9086 for its most current rate information.
BILLING: The Customer will still receive one monthly bill from its Local Utility for the Supply Service provided by North American
Power and Gas and the Distribution Service provided by its Local Utility. The Customer will continue to pay its Local Utility directly.
The Customer should direct any questions regarding the bill to its Local Utility. See “Contact Information” below for Local Utility
contact information.
RENEWAL NOTICE AND NOTIFICATION OF CHANGES: If you have a fixed term agreement with us and it is approaching the
expiration date, or whenever we propose to change our terms of service in any type of agreement, you will receive written
notification from us in each of the last two bills for electricity supply service charges or in corresponding separate mailings that
precede either the expiration date or the effective date of the proposed changes. We will explain your options to you in these two
advance notifications
EMERGENCY: In the event of an emergency such as a power outage, the Customer should call its Local Utility.
ASSIGNMENT: North American Power and Gas reserves the right to assign the Supply Service and this Agreement at the
discretion of North American Power and Gas at any time without notice.
CUSTOMER INFORMATION: The Customer agrees to allow its Local Utility to release certain information to North American Power
and Gas that will be needed to provide electric supply to the Customer. This may include Customer usage, payment history and
credit information.
CUSTOMER COMPLAINTS: If the Customer has any questions or concerns regarding this Agreement or the electric supply
provided by North American Power and Gas, they should call (888) 313-9086. If the Customer is not satisfied with North American
Power and Gas’s attempt to resolve the problem, the Customer may seek assistance from the PPUC or request information from
the PPUC regarding consumer protection rights under this Agreement. See “Contact Information” below for the PPUC’s contact
information.
CANCELLATION: The Agreement may be canceled for the following reasons: (i) non-payment: if your electric service is
terminated by your electric distribution company, then this agreement is cancelled on the date that your service is terminated. (ii)
company-initiated cancellation: if we cancel this agreement for any reason other than customer non-payment, we will follow
applicable rules in providing notice to you. (iii) customer-initiated cancellation: The Customer may cancel this Agreement by
written notification to North American Power and Gas at least thirty (30) days prior to the intended cancellation date. The
cancellation will not become effective until the Customer’s Local Utility successfully switches the Customer to the new service
provider of the Customer’s choice. Until that occurs, the Customer’s obligations under this Agreement remain in full force and
effect. The Customer shall be obligated to pay for the electricity provided by North American Power and Gas according to this
Agreement prior to the effective date of any cancellation. Upon cancellation of this agreement, the Customer will be returned to
the default electricity supply service or to the service provider chosen by the Customer.
LIMITATIONS ON WARRANTY AND DAMAGES: You understand and agree that there are no warranties, either express or implied,
associated with the electricity supply service provided by North American Power and Gas. North American Power and Gas will
bear no liability to you or any third party for consequential, punitive, incidental, special or other indirect damages.
CONTACT INFORMATION:
North American Power and Gas
20 Glover Avenue
Norwalk, CT 06851
www.napower.com
For Customer Service:
Telephone: 1-888-313-9086
Email:customercare@napower.comTERMS OF SERVICE
THIS STANDARD SERVICE AGREEMENT (“Agreement”) will authorize North
American Power and Gas to serve as the undersigned Customer’s retail
electricity supplier in the territory of PPL (a “Local Utility”), PECO (a “Local Utility”),
Duquesne Light (a “Local Utility”), Penn Power (a 'Local Utility'), West Penn Power
(a 'Local Utility'), Met-Ed (a 'Local Utility') or Penelec (a 'Local Utility'). The services provided by North American Power and Gas to
the Customer are governed by the terms of this Agreement
BACKGROUND: We at North American Power and Gas are licensed by the Pennsylvania Public Utility Commission (“PPUC”) to
offer and supply electric generation service in Pennsylvania. Our PPUC license number is A-2010-2174743. North American Power
and Gas will supply all the electricity that the Customer needs for its home or business (“Supply Service”). North American Power
and Gas is a retail supplier of electricity and is not affiliated with the Customer’s Local Utility. You will receive a single bill from the
Local Utility for their charges and our charges. The Local Utility also will respond to emergencies and will remain the Customer’s
point of contact in the case of a power outage. North American Power and Gas sets the generation prices and charges that you
pay. The Public Utility Commission (“PPUC”) regulates distribution prices and services from your Local Utility. The Federal Energy
Regulatory Commission regulates transmission prices and services.
RIGHT OF RESCISSION: Customer has the right to rescind this Agreement within three (3) business days after the date on which
the Customer enrolls with North American Power and Gas. To rescind this Agreement, please call (888) 313-9086 or email us at
customercare@napower.com
DEFINITIONS: Distribution charges are basic service charges for delivering electricity over the distribution system to the home or
business from the transmission system. Generation Charge is the charge for production of electricity. Transmission Charge is
the charge for moving high voltage electricity from a generation facility to the distribution lines of an electric distribution company.
LENGTH OF AGREEMENT: North American Power and Gas will begin providing Supply Service under this Agreement when the
Local Utility switches the Customer’s account to North American Power and Gas. Electric service will begin upon the first meter
reading following the date on which the Local Utility successfully changes the Customer’s account to North American Power and
Gas. This process may take up to ninety (90) days. The Customer’s Supply Service with North American Power and Gas will
continue on a month-to-month basis until the Customer chooses to switch to another service provider and its Local Utility
successfully changes the service.
TERMS OF SERVICE – Basic Service Prices: North American Power and Gas offers a variable rate for electricity which may be
adjusted on a monthly basis. North American Power may offer a one- time introductory rate for new customers which will be a
fixed rate for up to three billing cycles. Following the term of the introductory rate the customer will receive North American
Power’s variable rate for electricity. The variable rate may increase or decrease to reflect price changes in the wholesale power
market. Our product is tied to the wholesale price of the PJM markets. The Customer agrees and understands that the rate may
change from month to month. The Customer’s initial rate will be set forth in the Welcome Kit provided. The Customer’s rate
includes generation charges and transmission charges, and estimated current total state taxes, including current Gross Receipts
Taxes, but excludes applicable state and local sales taxes. The Customer should contact North American Power and Gas at (888)
313-9086 for its most current rate information.
BILLING: The Customer will still receive one monthly bill from its Local Utility for the Supply Service provided by North American
Power and Gas and the Distribution Service provided by its Local Utility. The Customer will continue to pay its Local Utility directly.
The Customer should direct any questions regarding the bill to its Local Utility. See “Contact Information” below for Local Utility
contact information.
RENEWAL NOTICE AND NOTIFICATION OF CHANGES: If you have a fixed term agreement with us and it is approaching the
expiration date, or whenever we propose to change our terms of service in any type of agreement, you will receive written
notification from us in each of the last two bills for electricity supply service charges or in corresponding separate mailings that
precede either the expiration date or the effective date of the proposed changes. We will explain your options to you in these two
advance notifications
EMERGENCY: In the event of an emergency such as a power outage, the Customer should call its Local Utility.
ASSIGNMENT: North American Power and Gas reserves the right to assign the Supply Service and this Agreement at the
discretion of North American Power and Gas at any time without notice.
In the event of a power outage, problem with your electric meter or other service need, please contact your Local Utility at the
phone number/address listed below:
PPL Electric Utilities PECO Duquesne Light
827 Hausman Road 2301 Market Street 411 Seventh Avenue (6-1)
Allentown, PA 18104-9392 P.O. Box 8699 Pittsburgh, PA 15219
Philadelphia, PA 19101
For outages and emergencies: For outages and emergencies: For outages and emergencies:
1-800-342-5775 1-800-841-4141 1-888-393-7000
For Universal Service Program information: For Universal Service Program information: For Universal Service Program information:
1-800-358-6623 1-800-774-7040 1-888-393-7600
Pennsylvania Public Utility Commission West Penn Power Penn Power
P.O. Box 3265 P.O. Box 3615 P.O. Box 3687
Harrisburg, PA 17105-3265 Akron, Ohio 44309 Akron, OH 44309-3687
http://www.puc.state.pa.us/
Choice Hotline Number: For outages and emergencies: For outages and emergencies:
1-800-692-7380 1-888-544-4877 1-888-544-4877
For Universal Service Program Information: For Universal Service Program Information:
1-800-686-0021 1-800-720-3600
Met-Ed Penelec
P.O. Box 3687 P.O. Box 3687
Akron, Ohio 44309-3687 Akron, Ohio 44309-3687
For outages and emergencies: For outages and emergencies:
1-888-544-4877 1-888-544-4877
For Universal Service Program Information: For Universal Service Program Information:
1-800-545-7741 1-800-545-7741
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