PROGRAM TERMS AND CONDITIONS
Welcome to the Power Rewards:
Smart Thermostat Program (“Program”) or Power Rewards: Work Smart Thermostat
Program (“Program”). By becoming a Participant of the Program,
you may reduce stress on the grid in your utility service area. By
participating in the Program, you may be eligible to receive the Reward
described below, subject to these Program Terms and Conditions (“Terms”). To become a Participant in the
Program, you must submit an application to, and have
it accepted by, both the Sponsor and the Program Administrator (as each is
defined below). You
must have an installed and operational Device from DER Vendor to participate in
this Program.
YOU MUST BE AN EXISTING USER OF THE VENDOR
SERVICE TO BECOME A PARTICIPANT. PLEASE READ THESE TERMS CAREFULLY. THIS
PROGRAM IS VOID WHERE PROHIBITED BY LAW.
Binding
Agreement. By applying for the Program, you agree to
comply with and be bound by these Terms, even if your application is not
accepted or approved by the Sponsor (as defined below) and the Program
Administrator; provided, however, in the event your application is not accepted
or approved, you will not be subject to data collection under these Terms.
Failure to comply with these Terms may result in your unenrollment from the
Program. The decisions of the Sponsor and the Program Administrator regarding
your eligibility to participate are final and binding in all respects. Sponsor
reserves the right in its sole discretion to unenroll any Participant for,
among other things: (1) tampering or attempting to tamper with the operation of
the Program; or (2) violating these Terms or the terms and conditions of use of
any of Sponsor Parties’ property or service. Any false information provided within the context of the Program by any
Participant is a violation of these Terms and may result in the immediate unenrollment
of a Participant and forfeiture of any Reward.
About the
Program. Applicants whose applications to
participate in the Program are submitted by the enrollment deadline and
accepted by the Program Administrator (“Participants”,
“you”, and “your”) and who fully comply with these Terms may receive an
incentive, as set forth below (“Reward”),
to be provided to you by Program Administrator following the conclusion of the
Program term. To receive the Reward,
you must be accepted as a Participant by the Sponsor and Program Administrator,
and your participation must not be withdrawn or terminated.
Definitions. In the context of these Terms:
●
“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 charge, discharge, or change its mode of operation, change device
mode, setpoint, or other settings, as applicable.
●
“DER Vendor” means the third-party manufacturer or provider of the
Participant’s thermostat.
●
“Device” means a device that
can be monitored and controlled during the Program through the Vendor cloud
platform or other communications pathway.
●
“FAA” means the Federal Arbitration Act.
●
“Participant” means an applicant that has been accepted
into the Program by the Program Administrator.
●
“Program” means the Power Rewards: Smart Thermostat
Program or the Power Rewards: Work 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, and operational data about your Device(s).
●
“Program Period” means the
duration of the Program from May 1st – September 30th.
●
“Program Administrator” means AEP Indiana
Michigan Power.
●
“Reward” means new
enrollees will receive $25 per device (for up to 2 devices per individual
household or up to 2 devices for business). Customers will also receive a bill
credit per event that they participate in; $1.95 in Michigan and $2.40 in
Indiana. Participation is defined as remaining in the event for a minimum of
50% of the event’s total length.
●
“Service”
means the connection between your Device(s) and the DER Vendor platform.
●
“Sponsor” means EnergyHub,
Inc., 41 Flatbush Avenue, Suite 400A, Brooklyn, NY 11215.
●
“Sponsor Parties” means Sponsor, DER Vendor,
and Program Administrator, their respective successors
and assigns, and each of their respective agents, directors, officers,
employees and affiliates, and the affiliates’ agents, directors, officers and
employees.
●
“Terms”
means these Program Terms and Conditions.
Application
Consent by Participant. By submitting an application
to enroll as a Participant, you authorize the Sponsor Parties to 1) collect and
exchange 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, and operational data about your Devices
(collectively, “Program Data”) and
retain such data indefinitely, solely for the purposes of determining your
eligibility for the Program and operating the Program; 2) review and analyze
all of your Program Data for the purposes of the Sponsor Parties fulfilling
their obligations under the Program and applicable law, improving the Program,
measurement and verification and as otherwise permitted by applicable law, and
to exchange conclusions with each other and publish results based on those
conclusions, provided that they treat all such Program Data in accordance with
their respective privacy policies; 3)
automatically signal your Devices to take part in Adjustment Events for
this Program or for general system testing purposes; 4) send you emails, text
messages and other notifications related to the Program, including about your
enrollment status and Program-related adjustments to your Devices; 5) send you
emails, text messages and other notifications related to surveys about the
Program and to share your responses to such surveys among the Sponsor Parties;
6) summarize the results of the Program in publicly-available studies, provided
that any Program Data included in such studies will be anonymous such that you
are not individually identifiable.
Eligibility
and Enrollment. You may apply to become a Participant and
participate in the Program if you meet the following eligibility criteria and
You:
●
You are a business entity or individual (in which case, you must be at least 18 years of age);
●
have one or more Devices that are compatible
with and connected to the DER Vendor platform (“Service”) and compatible with
the Program design;
●
maintain an active account in good standing on
the Service and a continuous connection between your enrolled Devices and the Service;
●
assist Sponsor Parties’ support personnel in
troubleshooting and resolving connectivity, firmware
and other Device-related issues; and
●
have an active residential or small commercial
business utility account with your Program Administrator.
Program
Period. The Program will run for the Program
Period defined above. You may be automatically re-enrolled in subsequent
Program Periods at Sponsor’s discretion, subject to the then-current Terms for
the Program. You may unenroll from the
Program at any time.
Program
Description. Participant agrees to allow DER Vendor, on
behalf of the Sponsor Parties, to control the Participant’s Devices during the
Program Period. Such adjustments are
referred to as “Adjustment Events.”
Adjustment Events may signal the Device to charge, discharge, or change its
mode of operation, change device mode, setpoint, or other settings, as
applicable. [For
Devices that allow for temperature control, Adjustment Events may include or be
preceded by “pre-cool” or “pre-heat” periods, wherein the then-current or
scheduled target temperature setpoint is temporarily changed to prepare for the
subsequent adjustment.] For certain types of services offered by the Sponsor
Parties, an Adjustment Event may occur even if the Device is in any kind of
hold mode at the start of the Adjustment Event. Participant
may opt out of a current or future Adjustment Event at any time by directly
adjusting the Device.
How to Apply. You can apply to
participate in the Program through your DER Vendor mobile app or at the Program
enrollment website found here:
https://www.thermostatrewards.com/PRST .The Sponsor Parties may accept or reject your
application in their sole discretion.
How to
Withdraw. Once you are accepted as a Participant in the
Program, you may withdraw by emailing the Sponsor contact address specified below. Withdrawal will not affect the other services provided by the
Sponsor Parties to you. By withdrawing, you may render yourself ineligible to
receive the Reward, participate in the Program in the future, or participate in
other programs offered by Sponsor.
Program Termination. Sponsor's ability to offer the Program is contingent on receiving
certain approvals and acceptances from Program Administrator. If such approvals
and acceptances are withheld or withdrawn, or if the Program is declared
unlawful, the Program will be terminated along with the Reward. Further,
Sponsor’s ability to offer the Program to you is contingent on Sponsor’s
agreements with DER Vendor, and in the event such agreement(s) terminate for
any reason, your participation in the Program will be terminated along with the
Reward. In the event of such termination, DER Vendor may provide notice to you
by email, and Sponsor may provide notice at www.energyhub.com. Termination of the Program will not affect any payment obligations
you may have for your DER Vendor Device, and your DER Vendor customer agreement
will remain in effect.
Disqualification. The Sponsor Parties may terminate your participation in the Program
and Reward at any time and without liability upon notice to you via email if
you violate these Terms or applicable law, if you do not comply with any
reasonable request from a Sponsor Party in connection with this Program, if
your Program Administrator declares you ineligible for the Program, if your
account with Sponsor or DER Vendor is no longer in good standing, or if you do
not maintain a continuous connection between your enrolled Device(s) and the
Service. If you enroll in a conflicting energy program through Sponsor Parties,
Sponsor may terminate your participation in the Program without liability and
without notice. Disqualification from the Program will not affect any payment
obligations you may have for your DER Vendor Device, and your DER Vendor
customer agreement will remain in effect. Privacy Notice. By participating in the Program, you agree that the
Sponsor Parties may collect your personal information or data and that if they
cannot collect the required information or data, you may not be eligible to
participate in the Program. Sponsor Parties will administer your personal
information and usage data consistent with these Terms and each company’s
then-current privacy policy. Sponsor’s
privacy policy is located at: http://www.energyhub.com/privacy-policy
Changes in
Your Utility Costs. Sponsor Parties are
not responsible for any changes in your utility costs during the Program.
Information. You represent and warrant to Sponsor that the information you
provide to Sponsor while applying for and during the course
of the Program is accurate and complete, and you agree to promptly
notify Sponsor if any information you provided during your application for or
participation in the Program has changed.
General
Conditions. This Program is governed by the laws of
the State of New York without regard to its applicable principles of conflicts
of law. The Sponsor Parties’ failure to enforce any term of these Terms shall
not constitute a waiver of that provision.
THE SPONSOR PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCORRECT OR
INACCURATE PROGRAM APPLICATION INFORMATION, AND ASSUME NO RESPONSIBILITY FOR
(I) TYPOGRAPHICAL OR OTHER ERRORS IN THE PRINTING OF THE PROGRAM MATERIALS OR
THE OFFERING OR ANNOUNCEMENT OF ANY REWARD, (II) ANY ERROR, OMISSION,
INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE,
(III) FAILURE OF ANY APPLICATION TO BE RECEIVED BY SPONSOR DUE TO TECHNICAL
PROBLEMS, TELEPHONE SERVICE PROBLEMS, PRINTING ERRORS, HUMAN ERROR OR TRAFFIC
CONGESTION ON THE INTERNET OR AT ANY WEBSITE, (IV) COMMUNICATIONS LINE,
HARDWARE AND/OR SOFTWARE FAILURES, (V) DAMAGE TO ANY COMPUTER OR DEVICE
(SOFTWARE OR HARDWARE) RESULTING FROM PARTICIPATION IN THE PROGRAM, (VI) THEFT
OR DESTRUCTION OF, TAMPERING WITH, UNAUTHORIZED ACCESS TO, OR ALTERATION OF
APPLICATIONS AND/OR PROGRAM APPLICATION INFORMATION, (VII) APPLICATIONS WHICH
ARE LATE OR LOST, OR (VIII) ANY LOSS OF INCOME DUE TO DEVICE CONTROL. PARTICIPANT ASSUMES ALL RISK OF
PARTICIPATION IN THE PROGRAM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU
AGREE TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR PARTIES AT ALL TIMES FROM
AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, DAMAGES, COSTS
AND EXPENSES TO THE EXTENT THEY ARISE FROM OR ARE RELATED TO (i) YOUR PARTICIPATION IN THE PROGRAM OR YOUR RECEIPT OF OR
FAILURE TO RECEIVE A REWARD, (ii) ANY ALLEGED ACT, DEFAULT OR OMISSION BY YOU
RELATED TO THE PROGRAM OR THESE TERMS, OR (iii) ANY ALLEGED BREACH OF ANY
WARRANTY BY YOU. THE SPONSOR INDEMNIFIED PARTIES HAVE NO LIABILITY TO ANY
PARTICIPANT OR ANY THIRD PARTY FOR ANY LIABILITY, CLAIMS, DEMANDS, LOSSES,
INJURIES, DAMAGES, COSTS OR EXPENSES INCURRED AS A RESULT OF OR IN CONNECTION
WITH A PARTICIPANT'S PARTICIPATION 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 are binding on the Sponsor Parties
and Participant. Participant may not
assign these Terms without the prior written consent of Sponsor. Sponsor
Parties may assign these Terms to any third party without Participant’s
consent. 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. Sponsor Parties shall have no personal
liability to Participant or third parties related to
the Program or these Terms.
These Terms constitutes the entire agreement
between Sponsor Parties and a Participant relating to the subject matter hereof
and supersede all other such prior or contemporaneous oral and written
agreements and understandings.
Arbitration. If You and any Sponsor Party do not resolve any dispute by informal
negotiation, any other effort to resolve the dispute will be conducted
exclusively by binding individual arbitration governed by the Federal
Arbitration Act (“FAA”). You are giving
up the right to litigate (or participate as a party or class member in) all
disputes in court before a judge or jury. Instead, all disputes will be
resolved on an individual basis before a single neutral arbitrator, whose
decision will be final except for a limited right of appeal under the FAA. Any
court with jurisdiction over the parties may enforce the arbitrator’s award.
No Class
Action Procedure. Notwithstanding any of the foregoing or any
other provision of these Terms, class arbitration is not permitted under any
circumstance. You and the Sponsor Parties agree that, by entering into this
Agreement, THE PARTIES MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN THEIR
RESPECTIVE INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any
purported class or representative proceeding. Further, the parties agree that
the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding. Although the non-availability of any form of representative or class
proceeding is clear from this Agreement, should any dispute arise regarding or
relating to the existence, validity, enforceability or interpretation of the
Arbitration and No Class Action procedures provisions above, the federal court
located in New York, New York shall have the sole and exclusive jurisdiction to
hear and determine the issue.
Changes to the Terms. Sponsor may modify these Terms at any time. We will notify you by email at the most
current email address we have on record for you when we make any material
changes to these Terms, and the effective date of the modified Terms, which
will be after the date of our notice to you. Your continued participation in
the Program thereafter signifies your acceptance to such modified Terms. The
modified Terms will apply only to disputes that arise after the effective date
of such modified Terms. We will also post the most current version of the Terms
on our website specified below and encourage you to check this site frequently.
Acceptance of Agreement. The use of an electronic signature process to accept and sign these
Terms, including your indication of acceptance of these Terms by a
click-through or click-wrap process presented on Sponsor’s website, shall
constitute effective execution and delivery of these Terms, and shall form a
binding contract between you and the Sponsor, and the other Sponsor Parties
shall be express third party beneficiaries hereof and may enforce the
provisions hereof as if they were a party hereto.
Additional Program Details. Additional program details are available at
the following website address: https://www.thermostatrewards.com/PRST.
EnergyHub contact information for the program is: SaveEnergy@energyhub.com.
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reserved.