TimberTech Dealer Referral Program Terms and Conditions

(“Terms”)

These Terms govern the TimberTech Dealer Referral Program (the “Program”) offered and sponsored by The AZEK Group LLC (“Company” or “we”) for authorized TimberTech and AZEK Exteriors dealers to refer new licensed contractors to the TimberTech The Board Loyalty Program (“The Board”). These Terms include an agreement to resolve all disputes by final and binding arbitration on an individual and not a class-wide or consolidated basis, as more fully detailed in the Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration section of these Terms below. That means that an arbitrator, not a judge or jury, will decide any claim. By taking steps to participate in the Program in any way, you are bound by these Terms.

1. Privacy. The personal information collected, processed, and used as part of the Program will be used in accordance with the Privacy Policy posted on the Company’s website (available at https://www.timbertech.com/privacy-policy/).
2. How To Make A Referral: Authorized TimberTech and/or AZEK Exteriors dealers located in the United States and Canada (excluding Quebec) (each, a “Dealer”) may participate in the Program by referring a licensed, certified contractor (“Contractor”) to The Board with the Dealer being identified by name on the Contractor’s The Board registration form (“Registration Form”) between 12:00:00 am Central Time (“CT”) on March 1, 2024 and 11:59:59 pm CT on February 28, 2025 (the “Program Period”). Where distinction is not necessary, “you” and “Dealer” refers to both your company and your company’s employees participating in the Program. Contractor must not be a current or former member of The Board at the time the Registration Form is submitted. If an eligible Contractor makes a TimberTech purchase within ninety (90) days after the Contractor (or the Dealer on the Contractor’s behalf and with the Contractor’s permission) submits the Registration Form, and all other terms and conditions of the Program are met, the Dealer will be credited with one qualifying referral (a “Qualifying Referral”). Only one (1) Dealer may be named on the Registration Form, and only one (1) Dealer may receive a Qualifying Referral for every newly registered Contractor.
3. You Must Disclose Your Relationship With The Company. When your employees promote or otherwise talk about The Board to Contractors, your employees must tell Contractors that your company earns an incentive if they register for The Board and you are listed as the referring dealer. Telling people that you earn incentives is a legal requirement. Failure to comply may result in losing your incentive, if any, and may be a violation of laws enforced by the Federal Trade Commission. Your employees can choose to use different language, but they may use: “My company get an incentive if you sign up for the TimberTech The Board Loyalty Program.”
4. You Are Responsible For Your Communications. You May Not Use Company Trademarks Without Permission. You are limited in the way you may talk/write about the Program. You understand that for any communications you send, you are sending them on your own behalf. You are not acting as an agent of the Company, nor will you be deemed an employee of the Company. As such, while you may reference the Company when you talk about the Program and the Company’s products, you must not, without the Company’s written permission, use Company trademarks or other Company materials in your communications about the Company’s products and you must not use any other domain names or e-mail addresses that include Company marks or other property. Do not misrepresent or embellish your relationship with the Company or write, say, or post anything you know is untrue or may be misleading. Do not make performance or other claims about the Company’s products. And, if someone has asked you to stop sending them messages about the Company, respect that wish.
5. Qualifying Referral Accrual, Tier Status, and Swag Distribution: Qualifying Referrals accrue throughout the Program Period. Based upon the number of Qualifying Referrals accrued, Dealers will qualify for a corresponding tier (“Tier Status”). At the end of each quarter during the Program Period, Dealers will be given Company-branded rewards (“Swag”) based upon the Tier Status achieved during the applicable quarter. Additional Swag earned for achieving a higher Tier Status is incremental (e.g., upon achieving Tier 4 status, the Dealer will receive 5 tumblers and 5 hats. Upon achieving Tier 3 status, the Dealer will receive 10 polos). All Swag will be distributed to the Dealer, and the Dealer may distribute the Swag to employees in its sole discretion. The tiers and associated Swag items are as follows:

No Qualifying Referrals will be creditedupon termination of the Program or if Dealer is terminated from the Program. All Swag will be fulfilled by mail, and Dealer is responsible for ensuring that they have provided accurate contact information and all documentation required to receive the Swag. The Company is not responsible and/or liable for any lost, late, incomplete, incorrect, illegible, interrupted, delayed, or misdirected referrals, Swag, Dealer contact or mailing information, or other Program-related materials. Unless otherwise stated, Qualifying Referrals and Swag are not transferable. Void where prohibited by law. Dealer is responsible for tax consequences, if any, that arise out of receipt of the Swag.

• Qualifying Referrals Are Subject To Verification. The Company may delay confirming Qualifying Referrals or Swag for the purposes of investigation. It may also refuse to verify and process any referrals that the Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms, made in bad faith, or believes will impose potential liability on the Company, its affiliated entities or any of their respective officers, directors, employees, representatives and agents. Examples include where a Dealer is conducting side promotions to encourage Contractors to register for The Board. All of the Company’s decisions are final and binding, including decisions as to whether a Qualifying Referral is verified or Swag is earned pursuant to these Terms.
• Restrictions. No one may participate in the Program in a manner that violates any law, rule, or governing terms, infringes or violates the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair, threatening, abusive, illegal, or disruptive manner, or (iii) use any system, bot, or other device or artifice to participate or receive any benefit in the Program. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Program may be in violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
• Bulk Distribution (“Spam”). You are the actual sender of any emails your employees may send in connection with the Program and they must comply with applicable law. Any promotion of The Board in connection with the Program must be in a personal manner that is appropriate and customary for communications with colleagues. By emailing any email address, you represent that you have the appropriate permission and consent.  Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner outside the intent of the Program is expressly prohibited and may be grounds for immediate disqualification and further legal action. Dealers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company and its affiliates against any related third-party liabilities, costs, and expenses.
• Liability.  You understand and agree that the Released Parties (defined below), to the fullest extent permitted by law, will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company was advised of the possibility of such damages).  By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, and its parent company, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program.  The Released Parties will not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program.  The Released Parties will not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. To the fullest extent possible by law, the Released Parties’ maximum liability arising out of or in connection with the Program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $10.
• Disclaimer of Warranties.  You expressly understand and agree that: (a) the Program is provided on an “as is” and “as available” basis.  To the maximum extent permitted by law, the Company expressly disclaims all warranties, conditions and terms of any kind, whether express or implied by statute, common law or custom, including, but not limited to, warranties as to products or services offered through the use of the Program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement; and (b) the Released Parties make and give no warranty that (i) the Program will meet your requirements or that your name being listed by a Contractor on the Registration Form will result in a Qualifying Referral, (ii) the Program will be uninterrupted, timely, secure, or error-free, and (iii) the quality of any products, services, information, or other material obtained by you through the Program will meet your expectations.
• Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration. These Terms will be governed by, construed and enforced in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. The arbitration proceedings will be governed by federal arbitration law and by the JAMS (defined below) rules.

Both you and Company waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Company waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

Except for disputes relating to the infringement of your or Company’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Company is seeking injunctive relief (the “Excluded Disputes”), you and Company each agree to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms or your participation in the Program will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in Chicago, Illinois or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your city of residence. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction Chicago, Illinois. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Program or any other property of Company (provided that nothing in these Terms will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

1. Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any individual at any time from participation in the Program if they do not comply with these Terms, or if we believe an individual has engaged in fraud or the violation of law or regulation. No Swag will be provided for referrals that occur after Program termination.