SCE Gray 4 Color

Revised February 3, 2022

 SMART ENERGY PROGRAM TERMS and CONDITIONS

TO ENTER THIS AGREEMENT TO PARTICIPATE IN THE SOUTHERN CALIFORNIA EDISON COMPANY’S (SCE) SMART ENERGY PROGRAM (“PROGRAM”), A SERVICE OFFERED BY DESIGNATED SPONSOR AS ELECTED BY UTILITY AND IN ACCORDANCE WITH ORIGINAL EQUIPMENT MANUFACTURERS (OEM), PLEASE READ THESE TERMS CAREFULLY. THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW.

Binding Agreement. To participate in the Program, Participants must be at least 18 years of age and agree to these official terms and conditions (“Terms”). Because these Terms form a legally binding agreement with respect to the Program, please read them carefully. If Participant does not agree to the Terms, Participant is not eligible to participate in the Program. Participant’s application for the Program and electronic acceptance thereof constitutes Participant’s agreement to be bound by these Terms. Notwithstanding the foregoing, Participant will not become a Participant in the Program until your Program application has been accepted and approved by Program Parties.

About the SMART ENERGY PROGRAM (“Program”). Participants whose applications to participate in the Program are accepted by Program Parties and who fully comply with these Terms may receive a reward, as described below (“Reward”).

Sponsor. The Program is currently provided by Ademco Inc., a subsidiary of Resideo Technologies, Inc., a Delaware corporation, having a place of business at 1985 Douglas Drive, Golden Valley, MN 55422
The Sponsor is elected by SCE and subject to change at any time.

Other Definitions. In the context of these Terms,

  • “Sponsor” means the Utility authorized thermostat service provider elected to administer participation in the Program, its respective affiliates, agents, directors, officers, employees, successors and assigns. Current sponsor is Ademco Inc. but may be subject to change at any time by SCE.
  • “Utility” means Southern California Edison (SCE).
  • “OEM” means thermostat original equipment manufacturer.
  • “Participant” means customer of SCE with an active service account in good standing.
  • “Program Parties” means Sponsor, OEM, and Utility together with their respective affiliates, agents, directors, officers, employees, successors, and assigns.

Application Consent. Participants of Sponsor who submit applications to participate in the Program authorize:

  • Sponsor to send Participant emails and other notifications related to Participant’s application for the Program; and
  • Sponsor, Utility, and their respective agents to exchange data related to Participant identity and service account status with Utility, solely for the purposes of determining eligibility and continued enrollment for the Program. Program Parties to exchange data related to Participant energy usage, thermostat usage details solely for the purposes of fulfilling their obligations under the Program;
  • Utility may retain thermostat details (such as serial number) in accordance with the Utility records retention schedule or for 7.5 years, whichever is longer in order to administer any rebates, rewards or sign-up bonuses.
  • Sponsor in accordance with OEM to automatically adjust Participant thermostat, as required by the Program at times indicated by Utility (as described below) or for general system testing purposes;
  • Program Parties to send Participant emails and other notifications related to the Program, including information about Participant enrollment status and Program-related adjustments to Participant thermostat settings;
  • Program Parties to send Participant emails and other notifications related to surveys about the Program and to share Participant responses to such surveys among themselves. Such surveys may include questions about topics, such as Participant experience in the Program and Participant willingness to participate in future energy saving programs;
  • Program Parties to summarize the results of the Program in publicly available studies, provided that any data included in such studies will be anonymous such that Participant is not individually identifiable; and
  • Utility to change Sponsor at any time without advance notice or consent from Participants, upon which Participants would be automatically transferred to new elected Sponsor and subject to the then-current Terms for the Program.

Reward.  Participants enrolled in SCE’s Smart Energy Program are eligible for bill credits for their participation in the program.  Participants enrolled during the summer months will earn a daily capacity payment of $0.3275 from June 1 through September 30 of each year.  If a Participant enrolls in the Program after June 1 or disenrolls prior to September 30, the payment will be prorated, based on the summer season days on which the Participant was actively enrolled in the Program.  For more information on SCE’s Smart Energy Program, please visit www.sce.com/sep.  Because a number of factors determine how Participant’s home uses electricity, Sponsor cannot promise that Participant’s participation in the Program will result in Bill Credits. Sponsor may also be compensated by Utility for Participant’s participation in the Program.

Smart Energy Program Sign-Up Bonus.  SCE offers a one-time sign-up bonus of $75 to Participants who enroll in the Smart Energy Program.  The sign-up bonus is provided to Participants, in the form of a bill credit, following successful enrollment.  To qualify for the $75 sign-up bonus, the following conditions apply: 

  • The sign-up bonus is for new Participant enrollments and is only available until funding is exhausted.
  • Participants previously enrolled in the Smart Energy Program for the same service account will be ineligible for the sign-up bonus.
  • If Participant’s service account closes or disenrolls from the Smart Energy Program before SCE can process any portion of the sign-up bonus, Participant’s sign up bonus will be cancelled.
  • Sign-up bonuses are limited to one per service account and will not exceed $75. Enrolling multiple smart thermostats under the same account will not increase Participant’s sign-up bonus amount.
  • Participants that have more than one service account (e.g., a second home) and enroll in the program may be eligible for more than one sign-up bonus.
  • SCE will not pay a sign-up bonus for a thermostat with the same serial number that has already received a bonus or payment, including payment to a previous owner of the thermostat.
  • Participants that received their thermostat at no cost for participating in another SCE program (e.g., the residential direct install program) are not eligible for the $75 sign-up bonus.
  • Bill credits can be processed within two billing cycles.
  • In the event that a Sign-Up Bonus is provided in error, SCE reserves the right to debit your account within 90 days of the occurrence to comply with the above conditions.

 

Program Participation

By submitting this Agreement, Participant agrees and certifies that –

The information you have provided as part of this Agreement is truthful and you believe you meet the minimum eligibility criteria above. Program Parties may terminate Participant’s Agreement and remove Participant from, or decline to enroll Participant in, the Smart Energy Program if the information Participant submitted is not truthful, if Participant does not satisfy eligibility requirements, or for any other reason. Participant is using Smart Energy Program on a voluntary basis.

During Participant’s participation in Smart Energy Program, Sponsor servers may remotely connect to Participant’s smart thermostat to implement Smart Energy Program when energy events are declared. This will cause a change in the temperature setpoint for the air conditioner in Participant’s home. This adjustment will occur without any manual intervention by Participant.  Energy events will be declared by SCE no later than 20 minutes prior to the start of an event; Participant may monitor SCE’s declaration of energy events for Smart Energy Program at www.sce.com/drp/events/residential under SCE’s program name, Smart Energy Program.

Smart Energy Program incentives are based on Participant remaining enrolled in the program and responding to events, and these incentives are separate from the one-time sign-up bonus.  All incentives are applied as bill credits and provided solely by SCE. Sponsor bears no responsibility for any incentives or rebates. Participant acknowledges that Sponsor is facilitating Participant’s ability to earn these incentives or rebates, but Sponsor is not providing Participant any compensation or other financial benefit, and Participant’s permissions to Sponsor are not contingent on receipt or amount of the incentives or rebates. Sponsor makes no promise of any incentive or rebate amount – Participant’s actual incentive amount will depend on Participant’s enrollment in the Smart Energy Program.

How To Apply. Eligible Participants can apply to participate in the Program by visiting https://connect.connectedsavings.com/#!/getdevice?campaignId=1 Sponsor may accept or reject an Applicant’s application in its sole discretion. All entries become the property of Sponsor.

How To Withdraw. Once confirmed as a Participant, Participants can withdraw from the Program by emailing: energysupport@resideo.com  or designated Sponsor. Withdrawing will not affect the other services provided by Sponsor or OEM to Participant. By withdrawing, Participants may render themselves ineligible to receive a Reward or other compensation from SCE, to participate in the Program in the future, or to participate in other programs offered by SCE.

Program Termination. Sponsor’s ability to offer the Program is contingent on receiving certain approvals and acceptances from electric utilities and electricity grid governing bodies, including the applicable Utility. Should Sponsor fail to obtain such approvals and acceptances or if the Program is declared unlawful, the Program will be terminated, and Participants may not receive any Reward or other compensation. In the event of such termination, Sponsor will provide notice posted of such termination at https://connect.connectedsavings.com/#!/getdevice?campaignId=1.

Participant Termination by Sponsor. Sponsor reserves the right to terminate Participant’s participation in the Program if Sponsor determines that Participant has not complied with these Terms & Conditions at any time and without liability to Participant upon notice via email to the email address registered with Sponsor or the email Participant provided at the time of application to the Program if Participant violates these Terms, the Official Rules applicable to a Reward, applicable law, Utility declares Participant ineligible or if Participant’s account with Sponsor is no longer in good standing. If Participant enrolls in a conflicting energy program through Program Parties, Sponsor may terminate Participant’s participation in the Program without liability and without notice.

Participant Termination by Utility. Utility reserves the right to unilaterally remove any Participant from the Program based upon level of participation (such as being offline for prolonged periods or for lack of participation) or for any other reason without liability or penalty. A notice will be sent to Participant by Sponsor after they have been removed from the Program.

Privacy Notice. By participating in the Program, Participant agrees that Sponsor and Utility can collect Participant’s personal information or data and that if they cannot collect the required information or data, Participant may not be eligible to participate in the Program. Sponsor and Utility will protect Participant’s personal information and usage data consistent with these Terms and each company’s then-current privacy policy.

Changes in Your Electricity Costs. Sponsor is not responsible for any changes in Participant’s electricity costs during the Program.

System Testing. In addition to the specific periods listed below, Sponsor may adjust Participant’s thermostat at any time for general system testing and maintenance. Participant will not receive a Reward or any other compensation for such adjustments.

Eligibility. Potential Participants who meet the following criteria may apply to participate in the Program:

  • Participant must have one or more thermostats that are compatible with and connected to the Sponsor platform (“Service”); and
  • Participant must have an installed, connected and operable thermostat controlling an air conditioner at Participant’s SCE service address;
  • Participant must have an active account in good standing on the Service
  • Participant must have an eligible Edison SmartConnect® meter
  • Participant must receive service under rate schedule D, D-CARE, D-FERA, TOU-D or TOU-D-T
  • Participant must not be enrolled in any of the following programs, rate schedules, rate options, or services:
    • Demand Response programs or rates offered by Non-Utility Demand Response Service Providers
    • Medical Baseline Allocation for air conditioning
    • Critical Peak Pricing (CPP)
    • Domestic Multiple (DM)
    • Domestic Multiple Service 1 (DMS-1)
    • Domestic Multiple Service 2 (DMS-2)
    • Domestic Multiple Service 3 (DMS-3)
    • Summer Discount Plan
    • Capacity Bidding Program (CBP)

Program Period. The Program will run throughout the year. Participant will remain enrolled subject to the then-current Terms for the Program until Participant terminates participation, become ineligible, or Utility terminates the Program.

Participation Requirements. Participant agrees during the duration of the Program to:

  • Maintain an active account on the Service;
  • Maintain the connection between Participant’s enrolled thermostat(s) and the Service*;
  • Maintain (i.e., always on) internet service*;
  • Assist Sponsor’s and other support personnel in troubleshooting and resolving connectivity and other thermostat-related issues; and
  • Register the use of a minimum of 1.5 kWh, one hour before or after the energy event at least once in a calendar year to remain eligible to participate in the Program.

* The participating thermostat(s) must remain connected to the internet and activated with the OEM in order for the Participant to remain enrolled in the Program. If Participant is terminated for any of the following reasons, then the Participant may re-apply to the Program to re-enroll. Sponsor will attempt to notify Participant when disconnection has been identified:

  • Participant has requested for the smart thermostat to be removed from the Program. If there is only one smart thermostat enrolled in the Program, this action will terminate the Participant’s enrollment.
  • The smart thermostat’s connection has been severed because it was removed, disabled, or reset on the associated OEM’s app or because the smart thermostat was activated by a different user.
  • The smart thermostat has been offline for greater than 30 days during the months of April through October.

Adjustment Window. Participant’s enrolled thermostat(s) may be adjusted:

  • Any day of the year for up to a maximum of four hours for standard events. Emergency events may run for a maximum of six hours per day.
  • Multiple events in one day are possible but will not exceed a cumulative total of six hours per day.

Adjustment Frequency. Historically, there have been approximately 12 energy events per year under SCE’s Smart Energy Program. However, there is no limit to the number of energy events per year or the number of adjustments. The total number of hours that can be called in a calendar year is 180 hours. Notwithstanding the foregoing, there is no limit to the adjustments for system testing, as described above.

Adjustment Details. Participant agrees to allow Sponsor to control his or her thermostat to reduce demand during the Program Period by increasing the current setpoint or scheduled target temperature setpoint by up to 4 °F to temporarily reduce normal operating patterns in order to reduce electrical demand. These setpoint increases may be preceded by “pre-cool” periods, wherein the current or scheduled target setpoint is temporarily decreased to prepare the premises for the subsequent setpoint increase. The change is measured relative to the setpoint of Participant’s thermostat at the beginning of an adjustment period and the setpoint defined by the programmed thermostat schedule as set with the Service. Participant’s thermostat may be adjusted even if the thermostat is in hold mode at the start of an event.

Opting Out of an Adjustment. Participant may opt out of an adjustment at any time from Participant’s thermostat or through components of the Service, such as the web portal and smartphone applications. However, at Utility’s discretion, Participants may be removed from Program for overriding all energy events dispatched in a calendar year, when such overrides consistently occur within the first hour of events.  Participants may opt out of the Program in its entirety by emailing energysupport@resideo.com  or designated Sponsor.

Information. Participant represents and warrants that the information Participant provides while applying for and during the course of the Program is accurate and agrees to promptly notify Sponsor if any changes occur.

Conduct. By applying for the Program, Participant agrees to comply with and be bound by the Terms, any Official Rules applicable to a Reward and any other additional Program information provided to Participant during the Program. Failure to comply with these Terms may result in Participant’s disqualification from the Program. Participant further agrees to comply with and be bound by the decisions of the Sponsor regarding Participant’s eligibility to participate. Sponsor reserves the right to disqualify any Participant it finds to be: (1) tampering or attempting to tamper with the operation of the Program; or (2) violating the Terms, conditions of use, or Terms of any of Program 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 disqualification of a Participant.

General Conditions. This Program is governed by the laws of the State of California. All federal, state and local laws and regulations apply. As a condition of participating in the Program, Applicants and Participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with the Program, shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, and entrant further waives all rights to have damages multiplied or increased. The Program Parties are not responsible for any typographical or other error in the printing of the offer or administration of the Program. The Sponsor’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.

No Recourse to Judicial or Other Procedures. To the fullest extent permitted by law, the rights to litigate, to seek injunctive relief, or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Program are hereby excluded, and Participant expressly waive any and all such rights. Note, such waiver is not enforceable in all jurisdictions.

DISCLAIMER: THE PROGRAM 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 (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, OR (VII) ENTRIES WHICH ARE LATE, LOST, STOLEN, DAMAGED, ILLEGIBLE, AND/OR UNINTELLIGIBLE (OR ANY COMBINATION THEREOF).

LIMITATIONS OF LIABILITY: PARTICIPANTS ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT INDEMNIFIES AND AGREES TO KEEP THE PROGRAM PARTIES INDEMNIFIED AT ALL TIMES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES THAT ARISE FROM OR ARE RELATED TO ANY ACT, DEFAULT OR OMISSION BY PARTICIPANT AND/OR A BREACH OF ANY WARRANTY BY PARTICIPANT AND/OR TO ANY ACT, DEFAULT OR OMISSION BY PARTICIPANT UNDER THESE TERMS INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NONOBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE TERMS BY PARTICIPANT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT AGREES TO HOLD THE PROGRAM PARTIES HARMLESS FROM ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE PROGRAM AND/OR USE OR ACCEPTANCE OF ANY REWARD OTHER THAN FOR: (1) DEATH OR PERSONAL INJURY ARISING AS A RESULT OF SPONSOR’S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) THE PROGRAM PARTIES’ OR UTILITY’S FRAUDULENT MISREPRESENTATION OR SPONSOR’S DELIBERATE BREACH OF CONTRACT. THE PROGRAM PARTIES HAVE NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH A PARTICIPANT’S PARTICIPATION IN THE PROGRAM.

Third Parties. The Program Parties are not responsible for the policies, actions, or inactions of others that might prevent the Participant from entering, participating, or claiming a Reward. All Participant applications are subject to review by and require approval from Sponsor.

Severability. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

Terms Modifications. Participant agrees that Program Parties have the right to make changes to these Terms at any time. Sponsor will make reasonable efforts to notify Participant of such changes, and Participant can review the most current version of the Terms at any time at https://connectedsavings.com/eula/ or designated Sponsor. Participant’s continued participation in the Program constitutes Participant’s agreement to the changed Terms.

Authorization to Receive Participant Information

By submitting this Agreement, Participant also gives Sponsor and SCE (“Utility”) the following permissions:

I authorize Sponsor to act as my agent in connection with my participation in “Program”. SCE will provide the necessary eligibility information including, but not limited to, name, email address, service address, energy usage, Utility mapping and account numbers back to Sponsor for enrollment and my continued participation in Program, which may include information regarding my participation on Summer Discount Plan or Medical Baseline or other eligibility related information.

Authorization is given for the period commencing with the date of execution until I cancel this authorization, whichever comes first.

SCE will provide the eligibility information requested above to Sponsor to the extent available, at no charge to me.

I declare under penalty of perjury under the laws of the State of California that I am the customer of record for the service account provided.

I certify that Sponsor has authority to act on my behalf and request the release of information for the account listed above and perform the specific acts and functions listed above.

I understand that SCE reserves the right to verify any authorization request submitted before releasing information or taking any action on my behalf.

I authorize SCE to release the confirmation of eligibility on my account to Sponsor who is acting on my behalf regarding the matters listed above. I hereby release, hold harmless, and indemnify SCE from any liability, claims, demands, cause of action, damages, or expenses resulting from: 1) any release of information to Sponsor pursuant to this Authorization; 2) the unauthorized use of this information by Sponsor and 3) from any actions taken by Sponsor pursuant to this authorization.

I understand that I may cancel this authorization at any time by contacting SCE at (800) 655-4555.