CUSTOMER REFERRAL PROGRAM TERMS AND CONDITIONS

(Revised 9/15/2022)

Eligible customers who purchase a shower, tub, walk-in tub, or other home improvement products offered by The Bath Authority, LLC, or one of its company-owned affiliated locations – currently Cleveland and Columbus, as may change from time to time (collectively, “TBA”) are eligible to participate in TBA’s Customer Referral Program (the “Program”) subject to, without limitation, all of the restrictions, terms, and conditions set forth below:

1. ELIGIBILITY: Open only to legal residents of the State of Ohio who are 18 years of age or older at the time of purchase who enter into a purchase contract with TBA that is either paid in-full or approved for financing. Purchase contracts that are cancelled or that are conditioned upon financing approval that are rejected by the financing company shall be ineligible.  Any products or services that are cancelled, added, or modified shall be ineligible.  Not available to clubs or organizations.  Void where prohibited or restricted by law.  
2. REFERRAL BONUS: If an eligible customer makes a Qualifying Referral (as defined below),  then, upon furnishing all required documentation, and subject to verification of eligibility, the customer will be eligible to receive a Referral Bonus (as defined below).

            A “Qualifying Referral” means a new potential customer of TBA who owns their home and lives in the areas serviced by TBA who sets and completes an in-home sales appointment with TBA within ninety (90) days of the date of referral, but excludes, without limitation, the following: (i) all current and former customers of TBA, Universal Windows Direct, LLC, Great Day Improvements, LLC, and/or their affiliates (collectively, “GDI”); (ii) all GDI employees and agents and their family members; and (iii) all individuals who have previously contacted GDI and/or are already listed in GDI’s database.  All Qualifying Referrals must include the full name, address, and contact information for the potential referral.  Referrals must be made by the customer via “The Bath Authority” App (available in the Google Play and Apple App stores, as well as accessible via a weblink at : https://webapp.getthereferral.com/#!/?companyCode=79430) and must be confirmed by TBA in writing as Qualifying Referrals.

            A “Referral Bonus” means the amount shown in the table above, subject to the terms and conditions hereof.  Only one Referral Bonus is paid for each Qualifying Referral.  The Referral Bonus shall be paid within thirty (30) days of the completed in-home sales presentation.  The Referral Bonus may be paid by check or other form of payment, at TBA’s sole discretion. ALL LOCAL, STATE, AND/OR FEDERAL TAXES ASSOCIATED WITH THE REFERRAL BONUS, IF ANY, ARE THE SOLE RESPONSIBILITY OF THE CUSTOMER.

3. CONDITIONS OF PARTICIPATION: All federal, state and local laws and regulations apply. Participating customers agree to be bound by these Terms and Conditions and by the decisions of TBA, which are final and binding on all matters pertaining to this Referral Program. Acceptance of the Referral Bonus amount constitutes permission for TBA and its affiliates to use Referral Bonus recipient’s name and/or likeness for advertising and promotional purposes without additional compensation, unless prohibited by law.  By accepting Referral Bonus amount, a recipient agrees to hold TBA, GDI, their affiliates, and their respective agents, directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Referral Program.  In no event will TBA be liable for any amounts greater than the Referral Bonus for Qualifying Referrals.
4. Arbitration: Except where prohibited by law, as a condition of participating in this Referral Program, each customer agrees that: (1) any and all disputes and causes of action arising out of or connected with this Referral Program shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the customer; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will customer be permitted to obtain awards for, and customer hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than customer’s actual out-of-pocket expenses (i.e., the purchase price under customer’s qualifying contract(s)), and customer further waives all rights to have damages multiplied or increased.
5. Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of customer and TBA in connection with the Referral Program, shall be governed by, and construed in accordance with, the substantive laws of the State of Ohio
6. RIGHTS RESERVED BY TBA: 

TBA reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Referral Program, to be acting in violation of these Terms and Conditions, or to be acting in disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.  Any person attempting to defraud or in any way tamper with this Referral Program will be ineligible and may be prosecuted to the full extent of the law. 

            TBA reserves the right to discontinue the Referral Program at any time, and to modify the rules of the Referral Program in any way and at any time, with or without notice, in TBA’s sole and absolute discretion.