Terms and Conditions


PRO XTRA PROGRAM

Home Depot of Canada Inc.

Pro Xtra Program

Terms and Conditions – Effective Date: Fall 2018

The Home Depot Pro Xtra Program (the "Program") is a commercial customer rewards program offered by Home Depot of Canada Inc. ("The Home Depot"). As a member of the Program, you may qualify to receive certain benefits described below.

By registering for the Program, and by your continued participation in it, you agree to these Terms and Conditions, including any amendments which may be made by The Home Depot from time to time in its sole discretion. Please review these Terms and Conditions carefully, and return to the Program Website regularly to check for amendments. The Home Depot is committed to serving you and we thank you for your business. We hope the Program demonstrates our commitment to serving your commercial needs and our appreciation of your business.

1. Eligibility, Registration and Membership

    Eligibility: To be a Member of the Program, the commercial customer must be a business operating under a business name registered in, and conducting business in, Canada (including without limitation corporations, partnerships, and sole proprietors) and the business owner or authorized signing officer of the business must be a legal resident of Canada. The Program is not open to natural persons. Individuals transacting for personal or household purposes, government entities, and The Home Depot Premier Program members do not qualify for the Program.

    Registration: Eligible members may register for the Program at HomeDepot.ca/ProXtra (the “Program Website” or “Website”). A valid business email address is required in order to access your Pro Xtra Online Account on the Program Website, to which we will send regular Program administration communications. If you cannot provide a valid email address, The Home Depot will not be able to register you in the Program. Once your registration has been received by The Home Depot, you will receive a “Welcome” email to confirm your status as a Member in the Program (“Membership Date”).

    Upon successful registration in the Program, Members will receive a “Pro Xtra ID”, which is simply the business telephone number and/orbusiness mobile number. If Member pays using its Home Depot commercial card (if actively linked to Member’s Pro Xtra Online Account as further described below), the card will function as Member’s Pro Xtra ID.

    Membership: There is no Membership fee to participate in the Program. In order to provide you with the best Member experience, your Pro Xtra Online Account will be linked to a homedepot.ca My Account, so that you can take care of business seamlessly online. The valid email address provided during Program registration will be your single account sign in for both Pro Xtra and homedepot.ca.

    Providing false information or omitting any information required to complete Program Website registration may be grounds for denial or termination of Membership in the Program, and/or cancellation of any benefits. Membership in Pro Xtra will automatically terminate if a Pro Xtra Member elects to become a Premier Program member and any Pro Xtra Rewards (as per Section 3 of these Terms and Conditions) earned up to the Premier Program membership date may continue to be redeemed in accordance with these Program Terms and Conditions and the Premier Program Terms and Conditions. In the event of inconsistency between the two, these Program Terms and Conditions shall govern. Subject to applicable law, The Home Depot may elect to automatically redeem any such remaining Pro Xtra Reward Points as The Home Depot Gift Cards and mail the gift cards to the Premier Member Company.

    You can verify the accuracy of your account information by logging into your Pro Xtra Online Account on the Program Website. Accurate mailing address information is required in order to receive Gift Card redemptions and your Fuel Savings Card.

    Membership with The Home Depot Commercial Card: Members that desire to earn Fuel Savings (described below) or participate in the 60 Day Payment option (described below) must also be a Cardholder (defined below) of an active Canadian The Home Depot Commercial Revolving (CRC) or Commercial Account (PROX) credit card (each, a "Home Depot commercial card") account in Good Standing (defined below). Member Cardholders must link their Home Depot commercial card to their Pro Xtra Online Account in order to earn exclusive benefits offered only on Home Depot commercial card purchases. Members may link their Home Depot commercial card at the time of Program registration. Members may also link a Home Depot commercial card after registration, however, Member will not begin to earn exclusive benefits associated with Home Depot commercial card purchases until the card is successfully linked to Member’s Pro Xtra Online Account. Under these Terms and Conditions, a "Cardholder" is the registered business that has been issued a Home Depot commercial card account in its name. "Good Standing" means, in respect to a Member's Home Depot commercial card account, the status of not having one’s Home Depot commercial card account terminated or rights and privileges in respect of the Home Depot commercial card or account withdrawn according to Citi Cards Canada Inc.'s standard credit risk policies in effect from time to time.

    If you are not already a Cardholder, you must first successfully apply for a Home Depot commercial card. Visit the Pro Desk at your local The Home Depot store or click here to apply. Providing false information or omitting any information required to complete a Home Depot commercial card application may be grounds for denial or termination of Membership in the Program, and/or cancellation of any benefits.

    Under these Terms and Conditions, an "Authorized Buyer" is an individual or entity other than the Cardholder authorized to charge transactions to the Cardholder's Home Depot commercial card Account.

    Qualifying Purchases and Qualifying Paint Purchases (each defined below) made by Authorized Buyers will contribute to the Quarterly Rewards (defined below) and Fuel Savings of Cardholders, but Authorized Buyers will not personally collect, view or redeem Quarterly Rewards or Fuel Savings for such Qualifying Purchases and Qualifying Paint Purchases. All Authorized Buyers under a Cardholder's commercial card account will be automatically associated with that Cardholder's account as of the Cardholder's Membership Date (defined above) for the purposes of the Cardholder earning Quarterly Rewards and Fuel Savings under the Program. Additionally, any new Authorized Buyers added to a Cardholder's Home Depot commercial card account after the Cardholder's Membership Date will also automatically be associated with that Cardholder's account for the purposes of the Cardholder earning Quarterly Rewards and Fuel Savings under the Program.

    Upon successful registration in the Program, Members will receive a “Pro Xtra ID”, which is simply the business telephone number and/or business mobile number. If Member pays using its Home Depot commercial card (if actively linked to Member’s Pro Xtra Online Account) the card will function as Member’s Pro Xtra ID. If Member does not link a Home Depot commercial card to its Pro Xtra Online Account, Member can still access the purchase tracking benefit of Pro Xtra so long as Member presents its Pro Xtra ID at the time of purchase. If Member forgets to use its Pro Xtra ID, simply use the “Add Receipt” function on Member’s Pro Xtra Online Account within twenty-four 24 months of the purchase.

2. Pro Xtra Qualifying Purchases and Qualifying Paint Purchases

    Under these Terms and Conditions, "Qualifying Purchases" are commercial purchases made by a Member (or Authorized Buyer as applicable) at The Home Depot retail stores in Canada or on homedepot.ca (when logged in to Member’s Pro Xtra Online Account), excluding taxes, prior purchases, cash advances, interest fees, delivery charges, warranties, protection agreements, billing, fees and payments, purchases of gift cards, or purchases made at affiliates of The Home Depot. Qualifying Purchases do not include Qualifying Paint Purchases (defined below).

    Under these Terms and Conditions, “Qualifying Paint Purchases” are purchases of select in-Stock and special order paints, stains or primers from BEHR®, KILZ®, CIL® and GLIDDEN® totalling $2,000.00 or more based on a rolling 12 month spend, made by a Member (or Authorized Buyer as applicable) at The Home Depot retail stores in Canada and on homedepot.ca (when logged in to Member’s Pro Xtra Online Account), excluding taxes, prior purchases, cash advances, interest fees, delivery charges, warranties, protection agreements, billing, fees and payments, purchases of gift cards, or purchases made at affiliates of The Home Depot. Qualifying Paint Purchases are subject to change from time to time.

    Qualifying Purchases and Qualifying Paint Purchases are subject to change from time to time. Please confirm the then-current Terms and Conditions posted on this Website at the time of purchase. Pro Xtra rewards may not be collected retroactively on past purchases or on purchases made prior to the Membership Date. Quarterly Rewards as described herein as of the Effective Date of these Terms and Conditions may not be retroactively collected on purchases made prior to such Effective Date.

3. Pro Xtra Rewards

    a. QUARTERLY REWARDS

    i. Summary

  1. Members that make Qualifying Purchases and Qualifying Paint Purchases using their Pro Xtra ID will earn towards Quarterly Rewards.
  2. Quarterly Rewards will be issued automatically in the form of electronic The Home Depot gift cards only (“Quarterly Gift Card”).
  3. Quarterly Rewards will accrue from the date of the first Qualifying Purchase and/or Qualifying Paint Purchase made with Member’s Pro Xtra ID.
  4.  

    ii. Collecting Quarterly Rewards

    Quarterly Rewards can be collected based on the amount of each Qualifying Purchase and Qualifying Paint Purchase made by Member using their Pro Xtra ID. Quarterly Rewards will be calculated as follows:

 

A. Quarterly Reward based on Qualifying Purchases in the quarter.

Earned based on Member’s Tier (calculated based on rolling 12 month Qualifying Purchase spend)

 


+

 

B. Quarterly Reward based on Qualifying Paint Purchases in the quarter.

Earned based on rolling 12 month Qualifying Paint Purchase spend.


=

 

Total Quarterly Reward

 

    A.

    Spend Total

    (Total Value of Qualifying Purchases and Qualifying
    Paint Purchases made by Member using Pro Xtra ID
    in rolling 12 month period ending in the applicable
    quarter)

    Tier Level Quarterly Reward Collection Rate on Qualifying Purchases Only
    (Not on Qualifying Paint Purchases)
    $0 - $9,999 Silver Members will collect 0.5% of their Qualifying Purchase spend within the qualifying Quarterly period
    $10,000 - $49,999 Gold Members will collect 2% of their Qualifying Purchase spend within the qualifying Quarterly period
    $50,000 + Platinum Members will collect 4% of their Qualifying Purchase spend within the qualifying Quarterly period

    Note: Member’s current tier level is based on a rolling 12 month spend and will not reset so long as Member meets the applicable spend threshold for the current tier. Above tier rates apply to all Qualifying Purchases. Qualifying Paint Purchases will follow the tier rates below

    B.

    Qualifying Paint Purchases Spend Total
    (Total Value of Qualifying Paint Purchases made
    by Member using Pro Xtra ID in rolling 12 month
    period ending in the applicable quarter)
    Quarterly Reward Collection Rate on Qualifying Paint Purchases Only
    $2,000 - $7,499 Members will collect 10% of their Qualifying Paint Purchase spend within the qualifying Quarterly period
    $7,500 - $19,999 Members will collect 15% of their Qualifying Paint Purchase spend within the qualifying Quarterly period
    $20,000 + Members will collect 20% of their Qualifying Paint Purchase spend within the qualifying Quarterly period

    Example 1: Calculating Qualifying Purchases, Qualifying Paint Purchases and resulting Quarterly Rewards for a Member that successfully signed up to the Program on November 1, 2018.

    Transaction

    Quarterly Reward earned on Qualifying Purchases

    Quarterly Reward earned on Qualifying Paint Purchases

    Total Quarterly Reward

    Transaction 1: Qualifying Purchase on eligble paint products (spent $1500)

    $1500 at 0.5% earn rate = $7.50

    No paint reward earned.

    $7.50

    Transaction 2: Qualifying Purchase on eligible paint products (spent $550)

    $499 at a 0.5% earn rate = $2.49

    $51 at a 10% paint earn rate = $5.10

    $7.59

    Transaction 3: Qualifying Purchase on non-paint products (spent $250)

    $250 at a 0.5% earn rate = $1.25

    No paint reward earned.

    $1.25

    Total Earned

    $11.24

    $5.10

    $16

    (rounded down from $16.34 to the nearest dollar. $0.34 will carry forward to the next Quarter)

    For the purpose of calculating the value of Qualifying Purchases and Qualifying Paint Purchases, each transaction will be rounded down to the nearest dollar. Additional cents that are not calculated into the value of a Qualifying Purchase and Qualifying Paint Purchase cannot be carried forward and for the purpose of calculating Quarterly Rewards only will be void. Quarterly Rewards will be rounded down and issued only in whole number values, starting at $10 minimum, and increasing in $1 increments.

    If Member forgets to use its Pro Xtra ID, simply use the “Add Receipt” function on Member’s Pro Xtra Online Account within twelve (12) months of the particular Qualifying Purchase and/or Qualifying Paint Purchase. If the eligible receipt is added before an upcoming Quarterly Reward issuance, it will count towards that Quarterly Reward. If the eligible receipt is added after a particular Quarterly Reward issuance and before twelve (12) months of the Qualifying Purchase and/or Qualifying Paint Purchase, it will count towards the Member’s Tier Level calculation. If the eligible receipt is added after twelve (12) months of the Qualifying Purchase and/or Qualifying Paint Purchase, it will not count towards any Quarterly Reward, but will still appear in Purchase Tracking for up to 2 years from original purchase date.

    All Quarterly Rewards will be deemed correct unless a claimed discrepancy can be substantiated by the Member to the satisfaction of The Home Depot. Discrepancies must be addressed to Member Services within three (3) months of the purchase date.

    iii. Quarterly Rewards and Returns

    Any and all returns of merchandise from Qualifying Purchases and Qualifying Paint Purchases shall be subject to The Home Depot's return policy. Quarterly Rewards will be deducted from a Member's Pro Xtra Account for merchandise returned from prior Qualifying Purchases. Deductions in Quarterly Rewards for returned merchandise shall be completed at the end of the applicable quarter. Your updated Quarterly Rewards total can be viewed in your Pro Xtra Online Account information on the Website.

    iv. Automatic Posting of Quarterly Rewards

    Quarterly Rewards will be posted to your Pro Xtra online account and will be issued on a quarterly basis. The quarters are as follows:

    Quarterly Period When Quarterly Rewards are issued
    August 1 to October 31 First Week of November
    November 1 to January 31 First Week of February
    February 1 to April 30 First Week of May
    May 1 to July 31 First Week of August

    Quarterly Rewards are issued as electronic Quarterly Gift Cards. Members which have collected a minimum of ten dollars ($10) of Quarterly Rewards will receive a electronic Quarterly Gift Card, posted automatically in Member’s Pro Xtra Online Account within two (2) weeks after the end of the Quarter. If a Member does not wish to receive its Quarterly Reward in electronic format, Member’s Pro Xtra Online Account Preferences must be updated to opt in to receive physical Quarterly Gift Cards, which will be mailed to the business address associated with the Account, unless an alternate shipping address is provided, within three (3) weeks of request. Shipments cannot be made outside of Canada or to P.O. boxes. The Home Depot is not responsible for gift cards that are lost, late, misdirected, mutilated or damaged.

    The issued Quarterly Gift Cards are subject to the Home Depot gift card terms and conditions described on the card. Quarterly Rewards have no value until issued in Quarterly Gift Card form. Subject to applicable law, if Member’s Pro Xtra Online Account shows that Member has $0 in qualifying spend (Qualifying Purchases and/or Qualifying Paint Purchases) for a continuous, uninterrupted period of twelve (12) months and Member has not earned or redeemed a Quarterly Reward during this 12-month period, any Quarterly Rewards valued at less than ten dollars ($10) in Member’s Pro Xtra Online Account will be declared void. Upon the death (or, in the case of a company, dissolution) of any Member, Quarterly Rewards will not be issued following the time of death or dissolution and Membership in the Program will be terminated.

    b. FUEL SAVINGS
    Exclusive Home Depot Commercial Card Benefit

    i. Member Cardholders and Authorized Buyers can earn 10¢ per litre fuel savings off of the stated price per litre of motor fuel purchases at participating Petro-CanadaTM retail sites in Canada (which includes North Atlantic retail sites in Newfoundland & Labrador) (“Fuel Savings”). The number of litres available for Fuel Savings is based on the cumulative total Qualifying Purchases over $100 CDN in a monthly period, as described in more detail below. Fuel Savings will accrue from any Qualifying Purchases made on or after the Member’s Membership Date or, in the case of Members in the Pilot Region, when the Member links its Home Depot commercial card to its Pro Xtra Online Account, whichever is later. Fuel Savings can be redeemed by Cardholders for any grade of motor fuel (gasoline and diesel) purchases at participating Petro-Canada retail sites in Canada (which includes North Atlantic retail sites in Newfoundland & Labrador), upon presentation of a Program-issued Fuel Savings card.  The Fuel Savings card will be mailed in a Welcome Kit, based on the mailing address in your Pro Xtra account. Please verify this address for accuracy.  Members in the Pilot Region will only receive a Welcome Kit after they have successfully linked their Home Depot commercial card to their Pro Xtra Online Account.  The Home Depot is not responsible for any delay in receiving your Fuel Savings card, nor any delayed Fuel Savings while your card is in transit to you.  The Fuel Savings card is also subject to Petro-Canada’s Preferred PriceTM Card Terms and Conditions available at www.petro-canada.ca/preferredterms for your review.

    Petro-Canada is a Suncor business.  ™ Trademark of Suncor Energy Inc. Used under licence.

    ii. Collecting Fuel Savings

    In order to earn Fuel Savings, a Member Cardholder or Authorized Buyer must make a Qualifying Purchase using the Member Cardholder’s active Home Depot commercial card in Good Standing that is linked to their Pro Xtra Online Account.

    The number of litres available for Fuel Savings accrues on a monthly basis for each Member Cardholder based on the value of one percent (1%) of the cumulative total of Qualifying Purchases made by a Member Cardholder or Authorized Buyer(s) over $100 in a monthly period converted to litres at a 10¢/litre rate, as described in more detail below.

    Fuel Savings Example: Member Cardholders and Authorized Buyer(s) with a Home Depot commercial card registered to the Member’s Pro Xtra Online Account spend $1630.00 CDN on Qualifying Purchases during an applicable monthly period. For Qualifying Purchases of $100 and over in an applicable monthly period, the Member earns one percent (1%) of the value of the Qualifying Purchase converted to litres at a 10¢/litre rate to which the Fuel Savings can apply for that month.

    Month 1 Qualifying Purchases
    (tax exclusive)
    Calculation
    (1% of Qualifying Purchases)
    Earned Litres loaded onto 10¢/litre Fuel Savings card
    (10¢/litre conversion rate of 1% of Qualifying Purchases)
    Transaction 1 $37.50 0 0
    Transaction 2 $100
    Plus Transaction 1 = $137.50
    1% of $137.50 = $1.375 13 L
    Transaction 3 $1500
    Plus Transactions 1 and 2 = $1,637.50
    1% of $1,637.50 = $16.3750 163 L
    Cumulative Monthly Total $1,637.50 1% of $1,637.50 = $16.375 163 L

    The number of Fuel Savings litres accrued will be credited automatically each month to the Member’s Fuel Savings account and loaded onto the Member’s Fuel Savings card. The litres available to a Member for Fuel Savings will be calculated on a monthly basis based on the Qualifying Purchases over $100 made during the applicable month. Each month begins on the 16th day of the month, and ends on the 15th day of the following calendar month.  Fuel Savings will be awarded during the 1st week of the following month. For example, Fuel Savings would accrue from January 16 - February 15, and then be awarded by March.

    iii. Redeeming Fuel Savings

    Fuel Savings are redeemable at any participating Petro-Canada retail sites in Canada (which includes North Atlantic retail sites in Newfoundland & Labrador), when paying at the pump or inside the station in combination with a form of payment accepted at Petro-Canada (which includes North Atlantic retail sites in Newfoundland & Labrador). To redeem Fuel Savings, Member must present his or her Fuel Savings card prior to presenting payment for the motor fuel purchase. Only one Fuel Savings card or Petro-Canada Preferred Price card is allowed per transaction.

    If, prior to dispensing fuel, a Member has a Fuel Savings balance greater than the litres of fuel to be purchased in the transaction, the excess amount of Fuel Savings will still be available for the Member to redeem at a later time.  If a Member purchases more fuel than the Fuel Savings available for the transaction, the extra fuel will not be subject to the Fuel Savings and the Member will be charged the price posted at the pump. Fuel Savings do not expire.

    To view your Fuel Savings card balance, please visit www.petro-canada.ca/preferredpricecardbalance.

    Please remember that a Member will not be able to earn or load Fuel Savings onto Member’s Fuel Savings Card if its Home Depot commercial card account is not in Good Standing at the time Fuel Savings would otherwise be earned or at the time of loading, as the case may be. Member’s Fuel Savings will be suspended until its Home Depot commercial card achieves Good Standing status.  Subject to applicable law, if Member’s Home Depot commercial card is not in Good Standing for a continuous, uninterrupted period of twelve (12) months, the Fuel Savings in Member’s account that are not yet loaded onto a Fuel Savings Card will be declared void. 

    Subject to applicable law, if Your Home Depot commercial card account is permanently closed under the terms of that account by The Home Depot Credit Card provider, any Fuel Savings collected and not yet loaded onto a Fuel Savings Card will be declared void.

    iv. Fuel Savings and Returns

    Any and all returns of merchandise from Qualifying Purchases shall be subject to The Home Depot's return policy. Fuel Savings will be deducted from a Member's Fuel Savings account for merchandise returned from prior Qualifying Purchases. Deductions in Fuel Savings for returned merchandise shall be completed at the end of the applicable month before monthly Fuel Savings are loaded onto Member’s Fuel Savings card.. To view your Fuel Savings card balance, please visit www.petro-canada.ca/preferredpricecardbalance, or call either the Pro Xtra Customer Service Centre at 1-800-759-2070 or the Petro Canada Customer Service Line at 1-800-668-0220, and provide your Fuel Savings card number and security code (both found on the back of the Fuel Savings card) to the agent.  Fuel Savings will be deducted following the same formula under which they are collected, regardless of whether the refund is made to The Home Depot commercial card or in cash or otherwise.

    v. Lost, Stolen, or Damaged Fuel Savings Cards

    Neither The Home Depot or Petro-Canada is responsible for lost, stolen or damaged Fuel Savings Cards. Please contact the Pro Xtra Customer Service Centre at 1-800-759-2070 if your Fuel Savings Card is lost, stolen or damaged. Once you report your lost, stolen or damaged card to The Home Depot, a replacement card will be sent to you in approximately two weeks’ time. The Home Depot is not responsible for any delay in sending you a replacement card or for any delayed Fuel Savings while we are replacing your card. Your replacement card will include the balance of litres remaining from the date your lost or stolen card was deactivated.  

    c. 60-DAY PAYMENT OPTION
    Exclusive Home Depot Commercial Card Benefit

    Member Cardholders are eligible to apply for a 60-day payment term on their Home Depot commercial card accounts when the card is linked to Member’s Pro Xtra Online Account.  Member Cardholders may sign up for this special offer when they register for the Program on the Website.  Existing Members of the Program can apply register for a 60-day payment terms on their The Home Depot commercial card accounts by logging into their Pro Xtra account on the Pro Xtra Website. If a The Home Depot Commercial Revolving credit card (CRC) account is enrolled, no interest will be charged for the first sixty (60) days and minimum monthly payments are required. If a The Home Depot Commercial Account credit card (PROX) is enrolled, the Cardholder will have sixty (60) days to pay each invoice in full and no late fees will apply if the balance is paid in full within this time period.  Successful enrollment into the 60-day payment terms will be detailed on Cardholder statements within one (1) to two (2) billing cycles from the date of application and will only apply to future purchases made after successful enrollment.  Should a Member at any time wish to return their account to 30-day payment term, they must call the customer service number on the back of their Home Depot commercial card. If you enroll a Commercial Revolving Card account, minimum monthly payments are required and interest will begin on unpaid balances after 60 days.  If you enroll a Commercial Account, you will have 60 days to pay each invoice in full. The 60-day payment feature will be visible on statements up to two billing cycles from the date of enrollment and will only apply to future purchases. To return your account to 30-day terms, please call the customer service number on the back of your credit card.

    d. REWARD POINTS

    i. Reward Points can no longer be collected as of the Effective Date of these Terms and Conditions, however, Members can earn other exciting Pro Xtra Rewards as described above.

    Member Cardholders which earned points ("Reward Points") before the Effective Date of these Terms and Conditions based on the total value of eligible Qualifying Purchases in a given year (see “Anniversary Dates” below) using a Home Depot commercial card in Good Standing can continue to redeem Reward Points for gift cards issued by The Home Depot or other select retailers as determined by The Home Depot in its sole discretion ("Gift Cards").  Any Reward Points collected before the Effective Date of these terms and Conditions will be posted to your Pro Xtra Online Account within two (2) weeks of a Qualifying Purchase, where you can view your total Reward Points. All Reward Points totals will be deemed correct unless a claimed discrepancy can be substantiated by the Member to the satisfaction of The Home Depot. Discrepancies must be addressed to Member Services within three (3) months of the purchase date.

    ii. Redeeming Reward Points

    Confirmed Members in Good Standing can redeem Reward Points at any time by logging on to their Pro Xtra Online Account on the Website or by calling the Pro Xtra Customer Service Centre at 1-800-759-2070. Reward Points may only be redeemed for Gift Cards and must be redeemed in accordance with stipulated minimum redemption levels (i.e. 2,500 Reward Points for a $25 Gift Card). Members must redeem Reward Points from the Website; Gift Cards will not be automatically mailed to customers at year end, the Anniversary Date, or any other time (unless otherwise expressly stated herein).

    To successfully redeem Reward Points, the Member must have sufficient Reward Points in his/her Reward Points account at the time of the request for redemption, and at the time the redemption request is processed. Requests will be processed and Gift Cards will be mailed to the Member within three (3) weeks of ordering. Shipments cannot be made outside of Canada or to P.O. boxes. The Home Depot is not responsible for Gift Cards that are lost, late, misdirected, mutilated or damaged. For the terms of use for each Gift Card, please visit each Gift Card supplier’s website. Reward Points may not be transferred, shared, gifted, pooled or assigned, and must be redeemed by the Member him/herself. Upon the death (or, in the case of a company, dissolution) of any Member, any Reward Points collected up to the time of death or dissolution will be deemed void and Membership in the Program will be terminated.

    Subject to applicable law, if your Home Depot commercial card account has $0 in spend for a continuous, uninterrupted period of twelve (12) months and Member has not made any redemptions during this period, the Reward Points in your Reward Points account will be declared void. However, please remember that a Member will not be able to earn or redeem Rewards Points if its Home Depot commercial card account is not in Good Standing at the time Rewards Points would otherwise be earned or at the time of redemption, as the case may be. Member’s Rewards Points will be suspended until its Home Depot commercial card achieves Good Standing status.  Subject to applicable law, if Member’s Home Depot commercial card is not in Good Standing for a continuous, uninterrupted period of twelve (12) months, the Rewards Points in Member’s Rewards Points account will be declared void. Subject to applicable law, if Your Home Depot commercial card account is permanently closed under the terms of that account by The Home Depot Credit Card provider, any Reward Points collected will be declared void.

    iii. Member Cardholders that earned Reward Points before the Effective Date of these Terms and Conditions were subject to the below collection terms:

    Spend Total Tier Level Rewards Points Collected
    First $9,999 (Spend $0-$9,999) Silver Members collected one (1) Reward Point for every two (2) dollars spent
    Next $40,000 (Spend $10,000 - $49,999) Gold Members collected three (3) Reward Points for every one (1) dollar spent
    All future spend over $50,000 or more Platinum Members collected five (5) Reward Points for each dollar spent starting at $50,000 or more

    For the purpose of calculating the value of Qualifying Purchases, each transaction will be rounded down to the nearest dollar. Additional cents that were not calculated into the value of a Qualifying Purchase cannot be carried forward and for the purpose of calculating Reward Points only will be void. Reward Points will be rounded down and issued only in whole number values.

    iv. Anniversary Dates and Reward Points

    The Tiers (Silver, Gold, Platinum) at which Members could collect Reward Points before the Effective Date of these Terms and Conditions reset each year on the Member's "Anniversary Date", the annual anniversary of the date on which the Member's registration for the Program was processed. For any Member who registered prior to April 27, 2009, the Anniversary Date will be the 1st of January. Therefore, effective January 1, 2010 (and each year thereafter on January 1) those Members resume collecting Reward Points at the Silver Tier ($0 spend), regardless of the Tier at which they were collecting points previous day. For Members who enrolled after April 27, 2009, the Anniversary Date will be day of Member’s Membership Date.

    v. Reward Points and Returns

    Any and all returns of merchandise from Qualifying Purchases shall be subject to The Home Depot's return policy. Reward Points will be deducted from a Member's Reward Points account for merchandise returned from prior Qualifying Purchases made before the Effective Date of these Terms and Conditions. Updated Reward Points total can be viewed in Pro Xtra Online Account on the Website. Reward Points are deducted following the same formula under which they collected, regardless of whether the refund is made to The Home Depot commercial card or in cash or otherwise. However, the number of Reward Points deducted as a result of the refund may not be equal to the number of Reward Points originally earned on the purchase.

    e. PAINT REWARDS POINTS

    i. Paint Reward Points can no longer be collected as of the Effective Date of these Terms and Conditions, however, Members can earn other exciting Pro Xtra Rewards as described above.

    Member Cardholders which expressly opted-in to the Pro Xtra Paint Rewards Program (the “Paint Program” or “Pro Paint”) before the Effective Date of these Terms and Conditions and earned points for Qualifying Paint Purchases (for the purposes of this section only, as defined below) using a Home Depot commercial card at participating locations (“Paint Reward Points”), can continue to redeem Paint Reward Points for Gift Cards.

    Prior to the Effective Date of these Terms and Conditions and for the purposes of this Paint Rewards Points section only, “Qualifying Paint Purchase” means purchases of select in-Stock and special order paints, stains or primers from BEHR®, KILZ®, CIL® and GLIDDEN® made by a Member (or Authorized Buyer as applicable) at The Home Depot retail stores in Canada and on homedepot.ca (when logged into Member’s Pro Xtra Online Account) excluding taxes, prior purchases, cash advances, interest fees, delivery charges, warranties, protection agreements, billing, fees and payments, purchases of gift cards, or purchases made at affiliates of The Home Depot.

    ii. Redeeming Paint Reward Points.

    Paint Reward Points can be redeemed the same way as Reward Points described above.

    iii. Member Cardholders that earned Paint Reward Points before the Effective Date of these Terms and Conditions were subject to the below collection terms:

    Note: The total combined value of Qualifying Purchases and Qualifying Paint Purchases (as defined in this section only) made on a given Home Depot commercial card account in a given year affected the rate at which a Member could accumulate Paint Reward Points.

    Tier Transaction Total Paint Reward Points Collected
    Silver First $9,999 (Spend $0 - $9,999) Members collected ten (10) Paint Reward Points for every one (1) dollar spent
    Gold Next $40,000 (Spend $10,000 - $49,999) Members collected fifteen (15) Paint Reward Points for every one (1) dollar spent
    Platinum Spend $50,000 and above Members collected twenty (20) Paint Reward Points for every one (1) dollar spent

    Note: Paint Reward Points accrued from the date of issuance of the email confirming your status as a Pro Paint Member.

    iv. Paint Reward Points and Returns

    Any and all returns of merchandise from Qualifying Paint Purchases (as defined in this section only) shall be subject to The Home Depot's return policy. Paint Reward Points will be deducted from a Member's Pro Xtra Program Reward Points account for merchandise returned from prior Qualifying Paint Purchases. Paint rewards will be deducted based on the members tier at the time of the return. Deductions of Paint Reward Points for returned merchandise shall be completed within two (2) weeks of the return. The number of Paint Reward Points deducted as a result of the refund may not be equal to the number of Paint Reward Points originally earned on the purchase.

4. Privacy

When you register for the Program, The Home Depot will collect personal information, including your name, address, telephone number and e-mail address. We use this information, in conjunction with authorized representatives and third party service providers, to administer your participation in the Program and to redeem Pro Xtra Rewards. Through your participation in the Program, The Home Depot may gather information about the purchasing behaviour of its Members which will be used to improve the ways in which we serve the Members and other customers. Additionally, when registering, you will be given the option to opt-in to receive promotional emails from The Home Depot about Pro Services and the Pro Xtra Program (you can unsubscribe at any time). You may also be given the opportunity to provide your personal information to third parties for services and programs related to the Program. For more details about The Home Depot's privacy policy, click Privacy & Security.

You can contact us or otherwise communicate your privacy concerns by:

calling us at 416-386-5841

e-mailing us at privacycanada@homedepot.com

accessing your account information on the Website

registering or changing your privacy preferences at www.homedepot.ca/en/home/customer-support/unsubscribe.html. Please allow up to ten (10) days for your preferences to be processed.

writing us at the address below (please include your e-mail address and phone number with your correspondence along with the information needed to support your request):

Home Depot of Canada Inc.
Attention: Privacy Office
400-1 Concorde Gate
Toronto, Ontario
M3C 4H9

5. Program Modifications

The Home Depot reserves the right to cancel, suspend, modify or amend the Program or these Terms and Conditions at any time with or without prior notice. Any such changes will be made in new Terms and Conditions posted on the Website, and will be effective from the date of posting unless stated otherwise. You are solely responsible for checking the Website to be aware of the current Terms and Conditions for the Program.

From time to time, The Home Depot may (but is under no obligation to) offer special bonuses, rewards, gifts or benefits ("Rewards") to some or all Members Eligibility for such Rewards will be determined by The Home Depot in its sole discretion, and may be subject to additional terms and conditions released in association with such a Reward offer.

6. Taxation

Any applicable federal, provincial and local taxes connected to the redemption of Reward Points, Paint Reward Points, Fuel Savings, or receipt of Gift Cards or Quarterly Gift Cards through the Program are the sole responsibility of the Program Member. The Home Depot does not assume and will not be liable for any taxes which may be or become payable by Member including any taxes resulting from or arising as a consequence of Member’s participation in the Pro Xtra Program, and Member will indemnify and save harmless The Home Depot and its owners, parents, officers, shareholders, affiliates, subsidiaries, associates, directors, employees, subcontractors, and agents from and against all such taxes.

7. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. All decisions regarding the interpretation of these Terms and Conditions shall be at the sole discretion of The Home Depot, and shall be final and binding in all respects. To report an apparent discrepancy, or to inquire with respect to your Pro Xtra Online Account, please contact Member Services. If you disagree with any amendments to the Program or to these Terms and Conditions, your sole recourse will be to terminate your Membership in the Program.

In no event shall The Home Depot's liability with respect to the Program and the Pro Xtra Rewards, including Reward Points, Paint Reward Points, Fuel Savings, Quarterly Rewards, Gift Cards, and Quarterly Gift Cards, including liability for negligence or breach of contract, be greater than the value of the applicable Pro Xtra Reward claimed at the time the dispute arose. Any proceedings relating to matters regarding the Program shall be brought exclusively in the courts of the City of Toronto in the Province of Ontario and orders of such Ontario courts shall be binding on The Home Depot and Program Members.

8. General Terms and Conditions

Reward Points, Paint Reward Points, Fuel Savings, and Quarterly Rewards have no cash value, cannot be exchanged or redeemed for cash or credit, may not be used with any other offer, promotion or discount, cannot be combined with cash to obtain a gift card, and cannot be earned from or transferred to any other account or rewards program.

Program Members have no ownership interest in collected Reward Points, Paint Reward Points, Fuel Savings, or Quarterly Rewards, and collected Reward Points, Fuel Savings, and Quarterly Rewards do not constitute property of the Members.

Use of the word "earn" in marketing materials in relation to the Program shall mean "collect" and shall not infer that the Reward Points, Paint Reward Points, Fuel Savings, or Quarterly Rewards have any value until they are presented for redemption, or in the case of Quarterly Rewards, posted to Member’s Pro Xtra Online Account as a Quarterly Gift Card (or mailed to Member as a plastic Home Depot gift card). Reward Points, Paint Reward Points, Fuel Savings, and Quarterly Rewards may not be purchased or sold and are not transferable except as otherwise stated herein.

This Program is void where prohibited by federal, provincial or local law.

By registering to become a Member, you represent and warrant that you are doing so as business owner or authorized signing officer of the registered business associated with the Pro Xtra membership, and that participation in the Program is not prohibited or restricted by any relevant company policies.

Despite our best efforts to ensure accuracy, errors occasionally occur. The Home Depot reserves the right to correct such errors at any time even if it affects pending, erroneously awarded, or erroneously redeemed Reward Points, Paint Reward Points, Fuel Savings, Quarterly Rewards, Gift Cards, or Quarterly Gift Cards.

By enrolling in the Program, Member accepts the Terms and Conditions and Member (and if Member has a Home Depot commercial card, the Cardholder and any Authorized Buyer as well) release The Home Depot and hold The Home Depot and its authorized agents harmless from any claim, liability or damage relating to the Program, Reward Points, Paint Reward Points, Fuel Savings, Quarterly Rewards, Gift Cards, and Quarterly Gift Cards.

Fraud or abuse relating to the collection and/or redemption of Reward Points, Paint Reward Points, Fuel Savings, and/or Quarterly Rewards will result in your forfeiture of all collected Reward Points, Paint Reward Points, Fuel Savings, and/or Quarterly Rewards, as well as termination of your Program Membership and voiding of any Reward Points, Paint Reward Points, Fuel Savings, Quarterly Rewards, and other Pro Xtra Rewards. The Home Depot reserves the right to pursue legal action in the event of fraud, misrepresentation, abuse or violation of these Program Terms and Conditions.

Reward Points, Paint Reward Points, Fuel Savings, and Quarterly Rewards have no cash value and cannot be purchased.

As a condition of membership, Members may receive Reward Points, Paint Reward Points, Fuel Savings, and Quarterly Rewards statements, Program updates and other related materials which will be posted on the Website at the discretion of The Home Depot, and may be mailed or emailed to the Member upon request. The Home Depot reserves the right to cease mailing Program updates and related materials to any Member.

To cancel your Program membership at any time, please contact the Pro Xtra Customer Service Centre at 1-800-759-2070. You will cease to earn Rewards Points, Paint Reward Points, Fuel Savings, and Quarterly Rewards (if applicable) upon the date of cancellation and any Reward Points, Paint Reward Points, Fuel Savings, and/or Quarterly Rewards collected will be declared void, subject to applicable law.

In the event of any inconsistency or discrepancy between the terms and conditions of these Program Terms and Conditions or other statements contained in any Program-related materials and/or advertising, the terms and conditions of these Program Terms and Conditions shall prevail, govern and control.

In the event of a discrepancy between the English language version and the French language version of the Program Terms and Conditions, the English version shall prevail, govern, and control.

Questions?

Any questions regarding the Program, your Pro Xtra Online Account, Quarterly Rewards, Fuel Savings, Reward Points, and/or Paint Reward Points be directed to the Pro Xtra Customer Service Centre at 1-800-759-2070. Member Service representatives are available to assist you from 8 a.m. to 9 p.m. ET, Monday through Friday.


PRO REFERRAL TERMS OF SERVICE

Home Depot of Canada Inc.

Terms and Conditions – Effective Date: August 2018

This PRO REFERRAL TERMS OF SERVICE (“Agreement”) governs the relationship between Home Depot of Canada Inc., a Canadian corporation, doing business as Pro Referral (“Pro Referral”, “we”, or “us”) and commercial customers (including without limitation, corporations, partnerships, and sole proprietorships), which provide professional services and use the Pro Referral platform owned and operated by Home Depot of Canada Inc. (the “Website) (individually, “Local Pro” or “You,” and collectively, “Local Pros”). References to Website include, but are not limited to, any and all uses of Pro Referral via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices, as applicable. Pro Referral and Local Pro are collectively referred to as "Parties" and individually as "Party." Local Pros agree to accept the terms and conditions of this Agreement upon submission of a registration application on the Website.

1. Pro Referral’s Service

1.1 Overview

Pro Referral is an online referral service that connects consumers (“Consumers”) online to specific Local Pros (“Pro Referral’s Services”). Using the Website, a Consumer submits a request for Local Pros to contact the Consumer ("Job Request") concerning desired services or work identified by the Consumer. The Job Request contains certain required information about the Consumer’s specific project (“Project”) (e.g., what services the Consumer wants, the type of services/work, and the Consumer’s postal code). Upon receipt of a Job Request, Pro Referral identifies potentially suitable Local Pros from its database of registrants, and makes available information concerning the Local Pro’s Profile (defined below) that can be used by the Consumer. The matched Local Pros will contact Consumers via the App using the preferred means of communication selected by the customer (i.e. telephone, text, or email) to discuss the Consumer’s service needs. If any matched Local Pros are unavailable for any reason, Pro Referral may match the Consumer with alternative Local Pro(s) and provide the Consumer’s contact information to that alternative Local Pro. Consumer may also read reviews or contact Local Pros that they have been matched with directly. When a Local Pro contacts a Consumer, the Local Pro is acting on the Local Pro’s sole behalf and is not a representative or agent of Pro Referral or its affiliates. The identification of a Local Pro on the Website does not in any way mean that Pro Referral or its affiliates endorses, guarantees or approves of the Local Pro and its work.

1.2 No Implied or Further Agreement

Pro Referral makes no assurance that Local Pro will receive a minimum or particular number of referrals or Job Requests or receive a minimum or particular dollar amount of business under this Agreement. Nothing in this Agreement obligates Pro Referral to refer the Local Pro to any Consumer for any particular Project or Job Request. In view of the foregoing, the Parties represent and warrant to one another that any investments or expenditures a Party has made or may make, in anticipation or following execution of this Agreement, are at such Party’s sole and knowing risk.

1.3 Ratings and Reviews

Pro Referral provides a rating for each Local Pro. Consumers may see the ratings for Local Pros referred by Pro Referral. Local Pro ratings are typically derived from the following sources: (1) Consumer ratings on the Website – Consumers can rate and provide reviews of Local Pros that they select; and (2) Third Party ratings – Pro Referral can find and use ratings concerning a Local Pro that are listed on a legitimate external site, but is under no obligation to do so. Pro Referral will not make any independent assessment(s) of a Local Pro’s quality of work or of any reviews referring to the Local Pro. Pro Referral may from time to time in its sole discretion remove ratings or reviews that it determines are not applicable. If Local Pro disagrees with a rating or review, it may appeal to Pro Referral either through email or written notice; however, ultimately, Pro Referral has sole discretion on ratings and reviews posted on the Website, and Local Pro expressly releases and waives any and all claims against Pro Referral and Consumers related to such ratings and reviews.

1.4 Background Checks

Either a principal or owner of Local Pro must be subject to and satisfy Pro Referral’s background screening process before it can become a registered Local Pro and use Pro Referral’s Services. This screening will be conducted by a third-party agency or agencies approved or designated by Pro Referral and such screening shall be at Pro’s sole cost and expense. Local Pro will be notified of the results but will not receive access to the reports, except to the extent Pro Referral is required under applicable law to allow such access or review or unless the Local Pro is credentialed by the third-party agency. Local Pros will be subject to Pro Referral’s background screening process from time to time as a condition of continued use of Pro Referral’s Services. Until the requirements of this Section are fully satisfied, under no circumstances will Local Pro or its personnel use Pro Referral’s Services or have contact with Pro Referral Consumers.

From time to time, Pro Referral may, in its sole discretion, require crew members or other personnel that perform work on-site at Consumers’ homes or properties to undergo and satisfy Pro Referral’s background screening process, and such process will be subject to the terms and conditions set forth in this Section 1.4.

1.5 Agreement with Consumer

If after submitting a Job Request and being contacted by a Local Pro, the Consumer wishes to use a Local Pro’s services, Local Pro and Consumer must enter a binding legal agreement for the Local Pro to perform the services requested and the Consumer to pay the Local Pro for the services rendered. Any agreement entered between the Local Pro and Consumer is solely between the Consumer and Local Pro, and Pro Referral and its affiliates are not parties to such agreement. Pro Referral and its affiliates are not and will not be parties to or third-party beneficiaries of any agreements entered into by and between Consumer and Local Pro.

2. Local Pro Eligibility and Obligations

2.1 Pro Xtra Program Membership

Local Pro understands and agrees that registration with Pro Referral requires Local Pro to be a member of the Home Depot Pro Xtra Program (“Pro Xtra Program”). The specific program terms and conditions of the Pro Xtra Program as may be amended from time to time are available here, and such terms and conditions are attached hereto and incorporated herein by reference.

2.2 Registration and Profile

Prior to being listed on the Website, Local Pro must complete and satisfy Pro Referral’s registration process, which includes without limitation: completing an application form; providing required personal, business, and payment information; and passing Pro Referral’s background screening process. Local Pro’s application is subject to Pro Referral’s approval in its sole discretion. Information provided in Local Pro’s application will be used to create an initial profile on the Website (“Profile”). After application approval, Local Pro may modify the Profile and/or create additional Profiles. All individuals, acting on behalf of Local Pros must be at least the age of majority in the jurisdiction in which such Local Pros will be performing services for Consumers to apply on the Website and complete a Profile. Local Pro warrants and represents that the information provided in Local Pro’s Profile(s) is accurate, up to date and in compliance with all applicable laws. Local Pro represents and warrants that it is duly licensed (if applicable by local, provincial, and/or federal law) to perform the services it offers to Consumers. Pro Referral reserves the right to review all Profiles and to delete any content posted on the Website in its absolute and sole discretion.

2.3 Service Levels

Local Pro agrees to maintain the following service levels with all Consumers: (a) calling each Consumer within twenty-four (24) hours of receiving a text or email from Pro Referral with the Consumer’s request and preferred contact method; (b) introducing oneself as a Home Service Local Pro; (c) maintaining a current Profile on the Website (see Section 2.1); (d) delivering “5-star” rated customer service to each Consumer; and (e) arriving on-time at scheduled appointment times with each Consumer and updating the customer should rescheduling be required. Failure to meet these service levels may result in Pro Referral removing the Local Pro from the Website in its sole discretion.

2.4 Local Pro’s Obligations to Consumer

Local Pro commits to perform its services solely for the benefit of the Consumer and at all times in the best interest of the Consumer, as agreed to between Local Pro and Consumer exclusively. Local Pro is responsible for managing appointments and the relationship with Consumers. Pro Referral makes no representations or warranties as to the conduct of any Consumer, the Consumer’s credit rating or score, or the Consumer's ability to pay a Local Pro. Any dispute between Local Pro and Consumer must be addressed directly with that Consumer.

2.5 Local Pro Information

As a registered Local Pro, you must provide certain information on a Profile. Further, as part of registration, you may be required to provide additional information, including without limitation, business email address(es), business name(s), business telephone number(s), mobile telephone numbers, business address(es), credit card information, and information concerning Local Pro principal(s)/owner(s) such as background check information and personal photograph(s). From time to time, Pro Referral may require this information to be provided for Local Pro’s employees, agents, crew members or other personnel that perform work on-site at Consumers’ property. For details on Pro Referral's use of your information, please see section 8.2.

2.6 Subverting Pro Referral’s Marketplace

Local Pro agrees (1) that Local Pro will not reject a Consumer’s Vertical (defined in Section 3.3) referral before or after contacting the Consumer – any contact with the referred Consumer renders rejection of the Vertical referral a prohibited subversive use of Pro Referral’s Website; (2) that Local Pro will not use Pro Referral’s Website or Services with the intention of delegating the performance of the Project work to another Local Pro or to a third party for purposes of garnering a commission, agency or placement fee; and (3) if a Consumer requests services that are outside the scope of the Consumer's original Job Request and/or Project, Local Pro will refer the Consumer to Home Services, Home Depot of Canada Inc.’s Internet platform and suite of services that enables Consumers to locate and solicit quotes from Local Pros.

2.7 Passwords

Local Pro is responsible for maintaining the confidentiality of its account password. Local Pro is also responsible for all activities that occur in connection with its account. Local Pro agrees to notify Pro Referral immediately of any suspected or actual unauthorized use of its account.

2.8 Insurance/Bonding/Licensing

Local Pro is allowed to post information on insurance, bonding and licensing on the Website. Local Pro represents that the information it provides and/or posts on the Website is complete, accurate and current. Local Pro agrees that it is solely responsible for the information posted by Local Pro on the Website. Pro Referral is in no way required to validate or update Local Pro’s insurance, bonding or licensing information. By completing a Profile, Local Pro represents that it is properly licensed (if applicable by local, provincial, and/or federal law) to perform services listed in Local Pro’s Profile. Further, by offering services to a Consumer, Local Pro represents that it is properly licensed in the jurisdiction in which it offers to perform such services. If Local Pro’s insurance, bonding, license or certification expires or is revoked, or if the Local Pro is charged with an offence related to its Profile(s), Local Pro will immediately notify Pro Referral of such change and Pro Referral may, in its sole and absolute discretion, remove Local Pro from the Website either permanently or temporarily.

3. Payment

3.1 Payment Process

Consumer has the sole obligation to make payment for Local Pro’s work or services. Pro Referral has no obligation whatsoever to ensure payment by Consumer to Local Pro for Local Pro's services pursuant to the agreement between the Consumer and Local Pro. Local Pro and Consumer are solely responsible for making payment arrangements with each other.

3.2 Fees

In exchange for the referral services provided to Local Pro by Pro Referral, Local Pro agrees to the payment of fees to Pro Referral as set forth in paragraph 3.3 of this Agreement.

3.3 Payments to Pro Referral

Each Job Request occupation type (“Vertical”) referral is assigned one of three Pro Referral credit tiers (“Tier”), and each Tier is assigned a Pro Referral credit value. The applicable Tier credit value for a Vertical referral is deducted or charged against the Local Pro’s accrued Pro Referral credits when a Consumer is matched with a Local Pro in response to a Job Request, whether or not the Local Pro accepts the lead or is ultimately engaged by the Consumer to complete a Project. The following table provides the current Verticals, Tiers, and Pro Referral credit values and is subject to change in Pro Referral’s sole discretion by posting on the Website an updated table in this Agreement:

Vertical

Tier     

Credit Value

Electrician

1

1

Handyman

1

1

Housecleaner

1

1

Landscaper

1

1

Plumber

1

1

Painter

2

2

Deck Installer   

3

3

Fence Installer   

3

3

Local Pros accrue Pro Referral credits in their Pro Referral account as follows:

  • After registering as a member of The Home Depot’s Pro Xtra Program and completing the registration with Pro Referral, the Local Pro shall receive fifteen (15) Pro Referral credits in Local Pro’s Pro Referral account; and
  • As a member of The Home Depot’s Pro Xtra Program, Local Pro will receive 0.02 Pro Referral credits in its Pro Referral account for each whole Canadian dollar spent on Qualifying Purchases (as defined in the Pro Xtra Program Terms & Conditions). Pro Referral credits begin to accrue from the day the Local Pro’s Pro Referral application is fully approved.

In the event that Local Pro’s accrued credits are at or below zero (0), Local Pro will not receive any Vertical referrals until Local Pro accrues a positive balance of Pro Referral credits. If Local Pro has one (1) or more accrued credits but insufficient credits to cover the applicable Tier credit value for a Vertical referral, Local Pro will receive such Vertical referral, and Local Pro’s account will be deducted the full applicable Tier credit value for the Vertical referral, which will produce a negative credit value in Local Pro’s account. Before receiving any further Vertical referrals, a Local Pro with a negative Pro Referral credit value balance must accrue Pro Referral credits through the Pro Xtra Program (which may take up to three (3) business days to synchronize credit accruals). Subject to applicable law, Unused Pro Referral credits will be declared void one (1) year after accrual. Local Pros have no ownership interest in accrued credits, and accrued credits do not constitute property of the Local Pro. Use of the word "accrue" herein or in marketing materials shall mean "collect" and shall not infer that the credit system has any value.

3.4 Referral Cancellation and Refunds

Local Pro may only cancel a referral through Pro Referral via the “not my type of work” feature in a Vertical referral. Local Pro understands and agrees that any misrepresentations and/or fraud concerning a cancellation are grounds for immediate termination of the Local Pro’s registration in Pro Referral. Pro Referral will not reinstate any deducted credits to Local Pro’s account if Pro Referral determines in its sole discretion that Local Pro has contacted the Consumer after receiving a Vertical referral.

3.5 Taxes

Local Pro is responsible for paying all applicable taxes, including any sales, use, gross receipts, excise, transaction privilege, or business and occupation taxes associated with materials and services used to complete the jobs for Consumer (including GST, PST and HST, as applicable), and any other costs Local Pro incurs. Neither Pro Referral nor any of its affiliates makes any representation regarding the tax consequences to Local Pro of participating in the Pro Xtra Program or otherwise in connection with this Agreement, which are the sole responsibility of Local Pro. You are strongly urged to consult with your own tax advisors in this regard prior to participating in the Pro Xtra Program and entering into this Agreement.

4. Term/Termination

4.1 Local Pro Termination

Local Pro may terminate its account at any time, for any reason. To terminate an account, Local Pro must email notice of termination to support_canada@proreferral.com. Local Pro's account will be disabled within 14 days of receipt of termination notice.

4.2 Pro Referral Termination

Pro Referral may terminate Local Pro’s account at any time, with or without cause, by sending notice to Local Pro at the email address provided in the account registration. Pro Referral’s termination of an account is effective immediately. If Pro Referral terminates Local Pro’s account by reason of a breach of this Agreement by Local Pro, Local Pro will not receive any further Job Requests as of the date of termination.

5. Indemnification

5.1 Local Pro Indemnification

Local Pro will indemnify, defend and hold harmless Pro Referral and its owners, parents, officers, shareholders, affiliates, subsidiaries, associates, directors, employees, subcontractors and agents (collectively, the “Indemnitees”) from and against, any losses, liabilities, claims, causes of action, lawsuits, judgments, civil penalties, damages and expenses suffered including reasonable legal fees (“Claims”), resulting from or arising out of any act or omission of Local Pro, except to the extent such loss is caused by Pro Referral’s sole negligence. In the event that Pro Referral pays any amount to a third-party related to a Claim for which Local Pro owes Pro Referral a duty of defense or indemnification, Local Pro agrees to reimburse Pro Referral all such amounts paid plus any and all related costs and expenses, including reasonable legal fees, incurred by Pro Referral. Pro Referral does not assume and will not be liable for any taxes which may be or become payable by Local Pro including any taxes resulting from or arising as a consequence of Local Pro’s participation in the Pro Xtra Program or otherwise in connection with this Agreement, and Local Pro will indemnify and save harmless the Indemnitees from and against all such taxes.

5.2 Pro Referral’s Right to Assume Defense

Notwithstanding any other provision herein, and without limiting Local Pro’s obligation to fully indemnify Pro Referral under this Agreement, Pro Referral reserves the absolute right to assume the defense of any claim against Pro Referral. In the event that such claim is within the scope of Local Pro’s indemnification obligation, Local Pro agrees to reimburse Pro Referral any and all costs and expenses, including reasonable legal fees, incurred in the defense of such claim.

5.3 No Settlement Without Consent

Local Pro will not enter into any settlement or compromise of a claim that would result in the admission of any liability, create any financial liability, or that would subject Pro Referral to injunctive relief or otherwise bind, restrict or commit Pro Referral without first obtaining Pro Referral’s prior written consent.

5.4 Participating in the Defense

Pro Referral has the right, but not the obligation, to participate, as it deems necessary, in the handling, adjustment or defense of any claim. If Pro Referral reasonably determines that defenses are available to it that are not available to Local Pro, and if raising such defenses would create a conflict of interest for the counsel defending the claim, Pro Referral will be entitled to retain separate counsel, at Local Pro’s expense, to raise such defenses.

6. Disclaimers, Limitations and Release

6.1 Disclaimer of Warranties, Representations and Conditions

PRO REFERRAL MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEBSITE FOR ANY PURPOSE OR LOCAL PRO’S PARTICIPATION, BENEFITS, USE OR EXPECTATIONS CONCERNING PRO REFERRAL’S WEBSITE, BUSINESS PLATFORM OR SERVICES. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESSED, IMPLIED OR COLLATERAL. PRO REFERRAL SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, TITLE AND NON-INFRINGEMENT. PRO REFERRAL SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

6.2 Limitation of Liability

IN NO EVENT SHALL PRO REFERRAL, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY IN THOSE PROVINCES AND/OR JURISDICTIONS.

6.3 Release

IN EXCHANGE FOR THE REFERRAL SERVICES PROVIDES BY PRO REFERRAL AND THE GRANT OF ACCESS TO THE WEBSITE, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY LOCAL PRO, LOCAL PRO EXPRESSLY AGREES TO RELEASE PRO REFERRAL (AND ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND AGENTS) FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, PRO REFERRAL’S SERVICES OR ANY DISPUTE LOCAL PRO HAS WITH ANY CONSUMER OR OTHER LOCAL PRO.

7. Website Content

7.1 Copyright

This Website and the material within it, with exception of content posted by users, are © 2018 Home Depot International, Inc. ("Home Depot International"). Viewing this Website creates a copy of Pro Referral materials in your computer’s random access memory and/or your hard drive and/or in your proxy server.

7.2 User License

Pro Referral and Home Depot International jointly grant Local Pro permission to view this Website and to print individual pages from this Website solely in connection with Local Pro’s participation with Pro Referral, provided that Local Pro agrees to and accepts without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Website. You represent and warrant that you will not use this Website for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.

7.3 Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Website are registered and unregistered Trademarks of Home Depot International and others. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website, without the prior written permission of the Trademark owner. Home Depot International aggressively enforces its intellectual property rights to the fullest extent of the law. Pro Referral permits the Local Pro to reference the terms “Home Services” and “Local Pro” (“Permitted Terms”) in communications with Consumers only for the purpose of informing such Consumers that Local Pro uses Pro Referral’s Services, provided all such communications comply with (1) the terms and conditions of this Agreement including, without limitation, the requirement that Local Pro inform the Consumer that Local Pro is acting on Local Pro’s sole behalf and is not a representative or agent of Pro Referral or any of its affiliates; and (2) any directions, policies, and guidelines provided to Local Pro or otherwise published by Pro Referral from time to time. Except as permitted in this Section 7.3., Local Pro is prohibited from using or publically displaying any Trademark of Pro Referral, including the name of Pro Referral, Local Pro, and Home Services, and the Pro Referral, Local Pro, and Home Services Trademarks, any designs or logos used with such Trademarks, or other Pro Referral formatives, in any way, including advertising or publicity pertaining to distribution of materials of this Website, or holding out that Local Pro is in any way involved with, or related to, Pro Referral, without the prior, written permission from Pro Referral. Other product and company names mentioned in this Website may be the trademarks of their respective owners. Local Pro shall immediately cease referencing the Permitted Terms and otherwise holding out that Local Pro is in any way involved with, or related to, Pro Referral on the earlier occurrence of: (1) termination of Local Pro’s registration in Pro Referral for any reason, including pursuant to this Agreement; and (2) Local Pro’s receipt of written notification from Pro Referral.

7.4 Links to Third Party Sites

This Website may contain links to websites owned or operated by parties other than Pro Referral. Such links are provided for your reference only. Pro Referral does not control outside sites and is not responsible for their content. Pro Referral’s inclusion of links to an outside site does not imply any endorsement of the material on the website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Pro Referral’s inclusion of the links imply that Pro Referral is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected on the linked website.

7.5 Reliance on Content

Opinions, advice, statements, ratings, reviews, offers, or other information or user content made available through the Website, but not directly by Pro Referral, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. Pro Referral does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, rating, review, or statement made by any party that appears on the Website. Under no circumstances will Pro Referral or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any users. Content on this Website may be changed from time to time without notice.

7.6 Information Provided to Pro Referral

Local Pro agrees that all of the content and information posted on the Website, including but not limited to Pro profiles, screening information, ratings and reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of Pro Referral or the party posting such content. In the event that Local Pro provides Pro Referral with any feedback regarding the Pro Referral service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), Local Pro hereby assigns to Pro Referral all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

7.7 Improper Use

If Pro Referral determines or suspects, in its sole discretion, that Local Pro is misusing or attempting to misuse or circumvent the Pro Referral services or system, or is using or attempting to use such for any inappropriate purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Pro Referral reserves the right, in its sole discretion, to immediately terminate Local Pro’s access and/or registration without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

7.8 Local Pro Posted Content

Local Pro is solely responsible for the content that it publishes or displays (hereinafter, "posts") or transmits to other users, or that Pro Referral publishes or displays at Local Pro’s request on the Website. Local Pro will not post on the Website, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Local Pro will not provide inaccurate, misleading or false information to Pro Referral or to any other user. If information provided to Pro Referral or another user subsequently becomes inaccurate, misleading or false, Local Pro will promptly notify Pro Referral of such change.

Pro Referral may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Pro Referral violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of users.

By posting Content to any public area of the Website, Local Pro automatically grants, and represents and warrants that it has the right to grant, to Pro Referral, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing. Local Pro further represents and warrants that public posting and use of its Content by Pro Referral will not infringe or violate the rights of any third party.

Content that is illegal or prohibited on the Website includes, without limitation, Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
  • promotes information that you know is false or misleading (including with respect to the identity of the party who will perform work);
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people under the age of majority in a sexual or violent manner, or solicits personal information from anyone under the age of majority;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
  • violates provincial and/or local consumer protection laws.

Local Pro’s use of the Website, including but not limited to the Content it posts on the Website, must be in compliance with any and all applicable laws and regulations. All information Local Pro includes in its account information and Profile(s) must be accurate, current and complete. Pro Referral reserves the right to investigate and terminate your membership if you misuse the Website or behave in a way which could be regarded as inappropriate, unlawful or illegal.

8. Miscellaneous

8.1

This Agreement may be changed from time to time, and you agree to be bound by any changes that are posted on the Website or which are otherwise communicated to you.

8.2 Privacy

Use of the Website and Pro Referral’s Services is also governed by The Home Depot Privacy and Security Statement. Home Services may collect, use and disclose your personal information as described in The Home Depot Privacy and Security Statement and, additionally, as described in this Agreement, including in this section 8.2. If you register as a Local Pro, we may obtain the results of your background check conducted by our background check service provider. If you create a Profile and/or quote provide a Quote, we may request and store your credit card number.

Your Business Information (defined below) is not necessarily considered personal information and in most cases is not subject to privacy laws or The Home Depot Privacy and Security Statement. Nonetheless, we have provided some information on how we use your Business Information so you may better understand the Services. If you create a Profile, you have the opportunity to provide additional information such as your business name, logo or avatar, credentials and qualifications, year of business establishment, as well as links to your personal web site, if you have one and any other information that is used for the purpose of communicating or facilitating communication with you in relation to your business ("Business Information"). You may also upload a photograph portfolio of your previous work. We may supplement or modify the Business Information to conform to our editorial policies or to add information from your website, materials that you supply to us, or publicly available sources. When you respond to a Consumer's Job Request, all of the Business Information is displayed to the Consumer making such Job Request. Providing additional information beyond what is required at registration is entirely optional, but may enable you market your services more effectively and potentially win more jobs.

If you provide an optional mobile phone number, you will receive notifications on your mobile phone in a number of cases, such as when Pro Referral updates you on a new job offer or service request, or a status change of an existing job or service request. You may sign up for notifications and modify your notification preferences to better control when Pro Referral sends you email or SMS notifications.

We may share your personal information with Consumers requesting services through Pro Referral. Sharing this information with Consumers helps them to assess Local Pro quality and select the Local Pro to perform the service they need done. The information we share is generally the information in your Profile, with the exception of your address, contact phone number, mobile phone number, and email address. In addition, we share the Quote you submitted on the Job Request and any additional information you choose to provide to the Consumer such as appointment start times, private notes, and questions about the Service Job Request. If you Quote on a job and your Quote is selected by the Consumer, Pro Referral will then, and only then, share your address, contact phone number, and email address with the Consumer in order to facilitate communication about the scheduled job.

By registering as a Local Pro, you agree that Pro Referral may provide your information to a Consumer who has submitted a Job Request, may use your information in any way necessary to facilitate a Job Request, and may use your information and share it with any of its affiliated companies in accordance with this Agreement, including The Home Depot Privacy and Security Statement.

8.3 Relationship of the Parties

Pro Referral and its affiliated companies provide only a referral service to Local Pro. In no event will Pro Referral be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Local Pro or any of its affiliates or their respective personnel.

8.4 References to Local Pros

Any reference to Local Pro refers to Pro and Pro’s personnel, agents, equipment, facilities and resources used by Local Pro, regardless of whether Local Pro owns, operates or controls said equipment, facilities or resources.

8.5 The Home Depot Authorized Service Providers

(a) Agreements. In the event that Local Pro is also an authorized service provider of Home Depot of Canada Inc. (“Home Depot Installer”) and participates in any formal integrated program offered by Home Depot of Canada Inc. (an “Other Service”), Local Pro expressly agrees that with respect to Projects that are within the service program type(s) that Local Pro performs for such Other Service (“THD Services”), Local Pro shall comply with the terms and conditions of its Service Provider Agreement (“SPA”) with Home Depot of Canada Inc. in respect of such Other Service in addition to this Agreement. In the event of any conflict between this Agreement and the SPA, the SPA shall govern with respect to Local Pro’s THD Services. In all other respects, this Agreement shall stand in full force and effect.

(b) Benefits. Home Depot Installers are identified on www.homedepot.ca as being authorized and guaranteed providers for Home Depot Services. Home Depot Installers are provided with the opportunity to be selected by a Consumer on each Job Request that falls within the scope of the Home Depot Installers’ SPA with The Home Depot.

(c) Becoming a Home Depot Authorized Service Provider. Local Pros who wish to become a Home Depot Authorized Service Provider may contact The Home Depot to learn more and may submit their information for consideration at www.homedepot.ca

8.6 Non-Exclusivity

This Agreement is non-exclusive and Pro Referral may provide Pro Referral’s services to any other Local Pro. Similarly, Local Pro may use referral services of any other business similar to Pro Referral.

8.7

Local Pro may not assign this Agreement without the express written consent of Pro Referral.

8.8

If any part or parts of this Agreement are held to be invalid, the remaining parts of this Agreement will be valid and enforceable.

8.9 Choice of Law

You agree that this Agreement, your use of Pro Referral’s Services and your use of the Website shall be governed by, and interpreted in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable. By using the Website and Pro Referral’s Services you expressly agree that any dispute regarding the interpretation of this Agreement, or otherwise arising out of this Agreement, the use of Pro Referral’s Services or the use of the Website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada.

8.10 Dispute Resolution

Any dispute, controversy or claim arising out of or relating to this Agreement, your use of Pro Referral’s Services or your use of the Website (“Dispute”) shall be resolved in accordance with the terms and conditions set out in this section 8.10. If a Dispute arises, you shall provide us with notice of the Dispute in writing by sending a letter to Home Depot of Canada Inc., 400-1 Concorde Gate, Toronto, Ontario, M3C4H9, Attention: Legal Department (“Notice of Dispute”) at least thirty (30) days before initiating one of the Dispute Resolution Methods, as defined below, so that we may make best efforts to cooperate in good faith to resolve the Dispute. For clarity, Dispute has the broadest possible meaning, and includes, without limitation, disputes based upon contract, tort, fraud and other intentional torts, agency, statute or constitution, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief), and includes claims, counterclaims, cross-claims, and third-party claims, as well as disputes in the past, present, or future.

If the Dispute is not resolved within thirty (30) days of receipt by Pro Referral of the Notice of Dispute, the Dispute shall be referred to one of the following dispute resolution methods: (a) the Small Claims Court of the Superior Court of Justice (“Court”), if the amount claimed is $25,000 or less and otherwise falls within the Court’s jurisdiction; or (b) final and binding arbitration in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991 c. 17 (Ontario) or any successor legislation enforced in the Province of Ontario (“Arbitration”), in the case of any other Dispute (collectively, the “Dispute Resolution Methods”). In Quebec, the definition of “Court” shall be the Small Claims Division of the Court of Quebec if the amount claimed is $15,000 or less, and otherwise falls within either the jurisdiction of the Court of Quebec or the Superior Court of Quebec.

Where a Dispute is referred to Arbitration, the Arbitration shall be (a) seated and take place in Toronto, Ontario; (b) conducted in the English language by a sole arbitrator appointed by mutual agreement; and (c) carried out in accordance with the Expedited Arbitration Rules effective March 29, 2017 of the Canadian Arbitration Association.

Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator

Any and all information exchanged and disclosed during the process of resolving a Dispute, including providing the Notice of Dispute, shall be kept private and confidential, save and except for information disclosed as part of the Court record. The Arbitration shall be conducted on a private and confidential basis.

8.11 No Third Party Beneficiaries

No Third Party Beneficiaries. Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Pro Referral and the Local Pro, any benefit, right or remedy.

8.12

The following provisions shall survive termination of the Agreement: 1.5, 2.5, 3.2, 3.3, 3.5, 5.1, 5.2, 5.3, 5.4, 5.5, 6, 7.1, 7.3, 7.5, 7.6, 7.7, 7.8, 8.1, 8.2, 8.6, 8.7, 8.9, 8.10, 8.11, 8.12 and the Pro Xtra Program Terms & Conditions.

See here for details on The Home Depot’s Pro Xtra Program.