The Program is provided by EnergyHub, Inc., 41 Flatbush Avenue, Suite 400A, Brooklyn, NY 11217 (“Sponsor”).
“Adjustment Events” mean times during the Program Period when the DER Vendor will control Participant’s Device(s) (on behalf of the Sponsor Parties) to signal the Device to change device mode, setpoint, or other settings, as applicable. The duration of Adjustment Events will not exceed 4 hours and are usually 1-2 hours in length.
“FAA” means the Federal Arbitration Act.
“Participant” means an applicant that has been accepted into the Program by the Program Administrator.
“Program” means the Duke Energy Carolinas Power Manager® smart thermostat program.
“Program Data” means data related to your identity, your Adjustment Event opt-in or opt- out status, your energy usage and/or energy production, your Program Administrator account, your utility bill, other enrollment application information (if applicable) and operational data about your Device(s).
“Program Period” means the duration of the program from January 1st through December 31st. The Summer program runs May 1 – September 30th; the Winter program runs December 1st – March 31st.
“Reward” means (1) an “Enrollment Incentive” a $75 bill credit per household when you are accepted into the program; and (2) “Participation Incentive” an additional $25 bill credit per household every 12 months you remain enrolled in the program. Participation incentives will be issued after the anniversary of your acceptance into the program.
“Service” means the DER Vendor platform.
“Terms” means these Program Terms and Conditions.
You must be at least 18 years of age;
You must have one or more Devices that are compatible with and connected to the Service and compatible with the Program design;
You must maintain an active account in good standing on the Service and a continuous connection between your enrolled Devices and the Service;
You must assist Sponsor Parties’ support personnel in troubleshooting and resolving connectivity, firmware and other Device-related issues;
If you have two or more eligible WiFi-connected thermostats in your household and would like to participate in the Program, all thermostats must be enrolled in the Program. All thermostats in the home must be WiFi-connected to be eligible for the Program (customers that have at least one standard thermostat that is not WiFi-connected are not eligible to apply). Customers with multiple enrolled WiFi-connected thermostats in one household are only eligible for one Enrollment Incentive and one annual Participation Incentive;
You must have an active utility account with your Program Administrator.
Any additional Devices installed at your Program Administrator service address will be automatically enrolled in the Program and may also participate in Adjustment Events.
mode at the start of the Adjustment Event. Participant may opt out of the Program at any time by directly adjusting the Device or contacting their device dealer.
IN THE PROGRAM. If any provision of these Terms is held to be invalid or unenforceable, all remaining provisions of these Terms will remain in full force and effect. These Terms will be binding on the Sponsor Parties and their respective successors and assigns, and Participant. Participant may not assign these Terms without the written consent of Sponsor whereas Sponsor may assign these Terms to any third party. The Sponsor Parties are not responsible for the policies, actions, or inactions of others that might prevent the Participant from entering, participating, or claiming a Reward. For the avoidance of doubt, it is specifically understood and agreed that there shall be no personal liability on the part of any affiliates, agents, directors, officers, and employees of each Sponsor Party under these Terms.
These Terms constitutes the entire agreement between Sponsor Parties and a Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.
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