Terms and Conditions

Terms and Conditions of NRG Energy, Inc. Offer

NRG Energy, Inc. ("NRG") extends an offer to the persons specified below to enter into a contract with NRG concerning referral of an individual to fill the position of President, NRG Home ("NRG Home Position"), reporting to David Crane, NRG's President and CEO. The offer is subject to the following terms and conditions, all of which will be incorporated in any contract that is formed between NRG and any party who accepts this offer ("Contracting Party").

  1. ACCEPTANCE. To accept this offer, an individual must complete NRG's online Candidate Referral form for the NRG Home Position, located at www.surveymonkey.com/s/DH2T2V8. The contract created between NRG and each person who accepts this offer includes all of these Terms & Conditions. NRG may amend these Terms & Conditions at any time and in its sole discretion, including by withdrawing, terminating or extending this offer.
  2. WHO MAY ACCEPT OFFER. This offer is only made to, and may only be accepted by, individuals who: (a) are U.S. citizens or permanent U.S. legal residents; (b) can, upon request, provide documentation (e.g., by birth certificate, green card, passport, etc.) satisfactory to NRG of their U.S. citizenship or legal residency; and (c) are eighteen (18) years of age or older at the time of acceptance of the offer.
  3. WHO MAY NOT ACCEPT OFFER. The offer is not made to, and may not be accepted by, any corporation, partnership, or other business entity.
  4. TIME LIMITS. This offer shall expire of its own terms at 5:00 p.m. Eastern Daylight Savings Time on August 22, 2014. No contract shall be formed between NRG and any person if any of the actions required by Paragraph 5 of these Terms & Conditions occurs after such time and date. To the extent any Contracting Party purports or attempts to make a referral pursuant to Paragraph 5 of these Terms & Conditions after 5:00 p.m. Eastern Daylight Savings Time on August 22, 2014, such Contracting Party shall not be entitled to any compensation from NRG, whether pursuant to Paragraph 6 of the Terms & Conditions or otherwise. NRG's determination as to whether a person has complied with the foregoing time limits shall be final.
  5. CANDIDATE REFERRAL. Upon acceptance of this offer, a Contracting Party may refer to NRG one (1) candidate for the NRG Home Position. In the event a Contracting Party purports to refer more than one (1) candidate for the NRG Home Position, only the first in time of such referrals will be eligible for the compensation described in Paragraph 6 of these Terms & Conditions, and all subsequent referrals will be void. The Contracting Party agrees that NRG will have no obligation to make payment to the Contracting Party with respect to such subsequent referral in any amount or for any reason.
  6. COMPENSATION. Subject to all of these Terms & Conditions, if: (a) the Contracting Party refers to NRG a candidate for the NRG Home Position; (b) the referred candidate is subsequently chosen by NRG as the person to fill the NRG Home Position, is offered such position by NRG, and accepts such position (the "Chosen Candidate") and commences work at NRG in such position, the Contracting Party shall be entitled to a finder's fee as follows:
    1. Fifty Thousand Dollars ($50,000 US) to be paid by NRG within thirty (30) days after the Chosen Candidate's first day of employment in the NRG Home Position; and
    2. If the Chosen Candidate remains an active employee of NRG in the NRG Home Position and in good standing for six (6) consecutive months following his or her first day of employment in the NRG Home Position, an additional Fifty Thousand Dollars ($50,000 US) to be paid by NRG within thirty (30) days after the conclusion of such six month period.
  7. REFERRALS OF CANDIDATE BY MULTIPLE CONTRACTING PARTIES. In the event that more than one Contracting Party refers the Chosen Candidate, the compensation described in Paragraph 6 of these Terms & Conditions shall be payable only to the Contracting Party who first makes the submission to NRG in accordance with Paragraph 5 of these Terms & Conditions. NRG's determination as to the order in which it received such referrals shall be final and absolute, and each Contracting Party waives any right he or she may otherwise have to challenge such determination.
  8. SELF-REFERRAL OR REFERRAL BY NRG OFFICERS. If the Chosen Candidate: (a) refers himself or herself as a candidate for the NRG Home Position; or (b) is referred by an employee of NRG who holds a title of Vice President or higher, or the immediate family members of any such NRG employee; any payments authorized by Paragraph 6 of these Terms & Conditions shall not be paid to such person, but rather shall be paid by NRG to a charity of such person's choosing, so long as such charity: (1) is a non-profit that qualifies as tax exempt under Section 501(c)(3) of the Internal Revenue Code; (2) serves one or more of the following focus areas: arts and culture; community and civic development; education; environment; health and human services; seniors; youth; or crisis response; and (3) is approved by the NRG Global Giving Committee.
  9. TAX DOCUMENTATION. Payment of any compensation pursuant to Paragraph 6 of these Terms & Conditions is subject to the express requirement that the Contracting Party first submit to NRG all documentation requested by NRG to permit NRG to comply with applicable local, state, and federal tax reporting requirements. All amounts to be paid pursuant to Paragraph 6 of these Terms & Conditions will be net of any taxes NRG is required by law to withhold. To the extent permitted by law, all taxes on amounts paid or payable pursuant to Paragraph 6 of these Terms & Conditions are the sole responsibility of the Contracting Party.
  10. SELECTION OF CANDIDATE.
    1. All aspects of the process for selecting a candidate to fill the NRG Home Position (including determining to whom the position will be offered and the terms of any such offer) are solely the prerogative of NRG. NRG may choose to offer the NRG Home Position to a candidate who has been referred by a Contracting Party, to a candidate who has not been referred by a Contracting Party, or not to offer the NRG Home Position to any candidate at all. Each Contracting Party agrees that the criteria NRG may use to determine whether a candidate should be offered the NRG Home Position are confidential and proprietary to NRG, and NRG shall have no duty to disclose or explain such criteria. Likewise, NRG is under no obligation to disclose to any Contracting Party or to any other person the identity of any other Contracting Party, the number of Contracting Parties, or any other data regarding Contracting Parties, individually or collectively, or any information of any kind whatsoever concerning the candidates referred by any or all Contracting Parties.
    2. In the event that NRG determines, in its sole discretion, that any Contracting Party who makes a referral described in Paragraph 5 of these Terms & Conditions has engaged at any time in activity that NRG deems to be inconsistent with NRG's policies, legal obligations, or public image, such Contacting Party shall not be eligible to receive the compensation described in Paragraph 6 of these Terms & Conditions. In such circumstances, the Contracting Party shall be entitled to no compensation from NRG, and NRG may, at its option and in its sole discretion: (i) pay the compensation described in Paragraph 6 of these Terms & Conditions either to another Contracting Party who later referred the Chosen Candidate, or a charity of NRG's choice; or (ii) cancel or terminate the contract between such Contracting Party and NRG.
  11. INFORMATION SUBMITTED BY CONTRACTING PARTY. Any information submitted by a Contracting Party (including name, mailing address, phone number, and email address) must be accurate and may be collected, processed, stored and otherwise used by NRG for any purpose reasonably consistent with NRG carrying out this offer, including to determine the rights and obligations of NRG to such Contracting Party and/or to any other Contracting Party.
  12. REPRESENTATIONS. By accepting this offer, the Contracting Party represents that he or she: (a) is a natural person who meets all of the requirements of Paragraph 2 of these Terms & Conditions; (b) has not engaged in activity inconsistent with NRG's policies, legal obligations, or public image; (c) has not provided, and will not provide, NRG with any false or misleading information; and (d) consents to have the person referred by such Contracting Party informed that such referred person has been referred to NRG by the Contracting Party.
  13. PUBLICITY; USE OF PERSONAL INFORMATION. The Contracting Party grants NRG permission to use his or her name, likeness, image, voice and other identifying information, at NRG's expense, in connection with promotions, advertising and publicity done by NRG regarding NRG's search for and hiring of a candidate for the NRG Home Position, and such other purposes as NRG may see fit in its sole discretion.
  14. FORCE MAJEURE. NRG is not responsible for any act or circumstance beyond its control that prevents any individual from accepting this offer in the manner or within the time limits set forth in these Terms & Conditions, or prevents any Contracting Party from referring a candidate for the NRG Home Position in the manner set forth in these Terms & Conditions.
  15. NOT AN OFFER OR CONTRACT OF EMPLOYMENT. Under no circumstances shall this offer, or the contract created between NRG and any Contracting Party, be construed as an offer or contract of employment. The Contracting Party acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between such Contracting Party and NRG, nor shall such a relationship be established by the Contracting Party's referral of a candidate for the NRG Home Position.
  16. CHOICE OF LAW/LIMITATIONS ON REMEDY. The terms of this offer, and of any contract created by acceptance of this offer, shall be governed by, subject to, and construed in accordance with the laws of the State of Texas, excluding all conflict of law rules. If any provision(s) of these Terms & Conditions are held to be invalid or unenforceable, all remaining Terms & Conditions will remain in full force and effect. To the extent permitted by law, the right to seek judicial relief in connection with any disputes or claims between the Contracting Party and NRG are hereby waived.

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