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TECHNOLOGY INCENTIVE PROGRAM TERMS and CONDITIONS

Rev. 5/28/2020

TO ENTER THIS AGREEMENT TO PARTICIPATE IN THE TECHNOLOGY INCENTIVE PROGRAM (“PROGRAM”), A SERVICE OFFERED BY UTILITY AND IN ACCORDANCE WITH ORIGINAL EQUIPMENT MANUFACTURERS (OEM) TERMS AND THE SPONSOR’S TERMS (AS FURTHER DETAILED BELOW). 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, including the additional documents referred to in them and as amended from time to time (“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 and acceptance to be bound by these Terms.  Notwithstanding the foregoing, Participant will not become a Participant in the Program until Program application has been accepted and approved by the Program Parties. By submitting this Agreement, Participant agrees and certifies that the information the Participant provided as part of this Agreement is truthful and Participant qualifies and meets the minimum eligibility criteria within these Terms.  Program Parties may terminate this Program Agreement and remove Participant from, or decline to enroll Participant in, the Program if the information is found to be false, falsified, or does not satisfy Utility’s eligibility requirements, or for any other reason Utility determines.  Participant acknowledges and agrees that Participant’s participation in the Program is voluntary.

 

Other Definitions. In the context of these Terms:

  • “Enabling Technology” means authorized equipment that Sponsor can connect to enable Participants’ participation in the Program, such as Wi-Fi enabled smart thermostats.
  • “Non-Utility’s DR Program” refers to the Demand Response Auction Mechanism (DRAM) Pilot offered within Utility’s service territory through a 3rd party
  • “OEM” means original equipment manufacturer for the qualifying enabling technology(ies).
  • “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 assignees.
  • “Qualifying DR Programs” means the demand response programs that qualify for the Technology Incentive Program. This includes Utility DR Program and Non-Utility’s DR Program. Qualifying programs are subject to change at any time by Utility.
  • “Service” means Sponsor platform.
  • “Sponsor” means the Utility authorized enabling technology service provider to administer participation in the Program.
  • “Utility” means Southern California Edison (SCE).
  • “Utility DR Program” means the Critical Peak Pricing (CPP) program offered through SCE.

 About the TECHNOLOGY INCENTIVE PROGRAM (“Program”). Participants who own and install a qualifying enabling technology(ies) at their service address(es) and who are enrolled in a qualifying Utility demand response (DR) program may submit an application to have their qualifying enabling technology(ies) controlled by Utility via the Sponsor during demand response events, and the $75 technology incentive in the form of a bill credit. Participants enrolled in qualifying Non-Utility DR programs may also apply for the $75 technology incentive and are subject to the terms offered by the non-utility DR program service providers. If application is accepted by Program Parties, Participant consents to fully comply with these Terms, as described further below.

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 authorized by Utility and may be subject to change at any time.

By accepting the Technology Incentive Program Agreement you are also agreeing to the Sponsor’s End User License Agreement (EULA) and Privacy Policy, available at https://connectedsavings.com/eula and https://connectedsavings.com/privacy-overview/privacy-policy/ (respectively) or such other location as notified by Sponsor on its website.  Participant agrees that Sponsor has the right to make changes to such EULA and such Privacy Policy from time to time without requiring notice or the Participant’s consent. As between Participant and Sponsor, such EULA and Privacy Policy apply to all matters arising out of or in connection with the Program (including, for the avoidance of doubt, as regards limitations and exclusions of liability as well as data usage rights and consents) and in the event of a conflict or inconsistency between these Terms and such EULA and/or Privacy Policy, as between the Participant and the Sponsor such EULA and/or Privacy Policy shall control to the extent required to resolve such conflict or inconsistency.

Authorization to Receive Participant Information

By submitting this Agreement, Participant also gives Sponsor and Utility the following permissions:

  • I authorize Sponsor to act as my agent in connection with my participation in “Program”. SCE will provide eligibility information including name, email address, and service address back to Sponsor for program participation, which may include information regarding my enrollment or participation on a qualifying DR program or other eligibility related information.
  • I authorize Program Parties to exchange data related to my qualifying enabling technology(ies) data/usage details for the purpose of fulfilling their obligations under the Program.
  • 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 service 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.

Participant Understands and Consents to the Following Terms:

  • Program Parties may send Participant emails, surveys and other notifications related to the Program, such as information about enrollment status and qualifying enabling technology(ies)-related information.
  • If Participant is participating in a qualifying Utility DR program, this consent applies to Participant’s continued enrollment for the Program.
  • Utility may retain enabling technology 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 or incentives.
  • Program Parties may summarize the results of the Program in publicly available studies, provided that any Participant’s personal identifiable information and data included in such studies will be anonymized.
  • Utility may change or transfer Participant’s Sponsor at any time without advance notice or consent from Participant.
  • Utility may change or update Participant’s Program Terms without advance notice or consent from Participant.
  • Acceptance in the Technology Incentive Program is not subject to being approved for the $75 technology incentive.
  • Sponsor, in accordance with the relevant OEM’s requirements, will automatically and remotely adjust Participant’s qualifying enabling technology(ies), as required by the Program at times indicated by Utility (as described below) or for general system testing or measurement and verification purposes; does not apply to Non-Utility’s DR Program.

Enabling Technology Incentive Eligibility Requirements.  Utility offers an enabling technology incentive of seventy-five dollars ($75) to Participants who are enrolled in a qualifying DR program, and demonstrate performance based upon data from the qualifying enabling technology(ies) and/or Participant’s energy usage data.  Participants must be enrolled in a qualifying DR program at the time the Participant’s Program application is submitted to qualify for the enabling technology incentive.  Utility reserves the right to issue the enabling technology incentive to the Participant in the form of a bill credit or other method determined by the Utility.  The following conditions apply:

  • Participants who previously received an enabling technology incentive less than seven and a half (7.5) years for the same service account within this Program or any other DR program will be ineligible.
  • Utility will not issue an enabling technology incentive for a qualifying enabling technology(ies) with the same serial number that has previously received an enabling technology incentive for this Program or any other DR program, including payment to a different Participant of the enabling technology.
  • If Participant’s service account is not active or Participant de-enrolls from the qualifying DR program before Utility processes Participant’s Program application or before Utility issues the enabling technology incentive, Participant’s enabling technology incentive will be cancelled.
  • The enabling technology incentive is limited to one incentive per service account during a seven and a half (7.5) year period and will not exceed $75.  Participants that install multiple qualifying enabling technologies under the same account will not be eligible for multiple incentives or incentives in excess of $75.
  • Participants with more than one service account (e.g., a second home or business) may be eligible for an enabling technology incentive.  Utility reserves the right to evaluate and provide an enabling technology incentive to Participant’s with more than one service accounts on a case-by-case basis.
  • Participants who received a qualifying enabling technology or device at no cost to the Participant, from Utility energy efficiency or other energy savings or conservation program (e.g., the Direct Install Program), are not eligible for an enabling technology incentive.
  • Utility reserves the right to issue the enabling technology incentive to the Participant within two billing cycles.
  • In the event that the enabling technology incentive is provided in error, Utility reserves the right to debit the Participant account within 90 days of the occurrence to comply with the above conditions.
  • The Program and the Program incentives are funded by Utility customers and administered by Utility under the auspices of the California Public Utilities Commission. Incentives are available on a first-come, first-served basis until such funds are no longer available or as determined by the Utility.  This Program and the Program incentives may be modified or terminated without prior notice.

 

Utility DR Program Participation (Does not apply to Non-Utility’s DR Program)

For Participants enrolled in CPP, Participant authorizes Sponsor’s systems to remotely access and connect to Participant’s qualifying enabling technology(ies) to enable Participant’s DR participation when a CPP event is declared.  Participant acknowledges that qualifying enabling devices, such as smart thermostats, will cause a change in the temperature setpoint for the air conditioner in the Participant’s premise.  This adjustment may occur without any manual intervention by Participant.  CPP events will be declared by Utility; Participant may monitor Utility’s declaration of CPP events at www.sce.com/drp/events or on the DR Mobile App.

Further CPP program details can be accessed at www.sce.com/cpp.  Sponsor bears no responsibility for any credits, or event energy charges Participant incurs as a result of the CPP event.  Participant acknowledges that Sponsor facilitates Participant’s ability to mitigate CPP charges, but Participant retains the ultimate responsibility of reducing their energy usage.  Sponsor does not provide or guarantee Participant any compensation or other financial benefits.  Participant’s authorization or permissions to Sponsor are not contingent on receipt or amount of CPP participation credits.  Sponsor makes no promise or guarantee of any CPP participation credit amounts – Participant’s actual credit amount will depend on Participant’s results and participation in the CPP program.

How To Apply. Eligible Participants can apply to participate in the Program by visiting https://connect.connectedsavings.com/#!/getdevice?campaignId=92 Program Parties may accept or reject an Applicant’s application in its sole discretion.  All submitted applications become the property of Program Parties.

 How To Withdraw. Once confirmed as a Participant, Participant may withdraw from the Program by emailing: energysupport@resideo.com or designated Sponsor. Withdrawing from the Program will not affect other services provided by Sponsor or OEM to Participant.  By withdrawing, Participant may be rendered ineligible to receive a rebate or other compensation from Utility, participate in the Program in the future, or participate in other programs offered by Utility.  Withdrawal from participation in the Program will not de-enroll Participant from the qualifying Utility DR program.

 

Program Termination. Sponsor’s ability to support Utility and Participant as described in these Terms 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 incentives or other compensation.  In the event of such termination, Utility and/or Sponsor will provide a termination notice posted at https://connect.connectedsavings.com/#!/getdevice?campaignId=92.

 

Participant Termination by Utility and/or Sponsor. Utility and Sponsor reserve the right to terminate Participant’s participation in the Program 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 time of application to the Program if Participant violates these Terms, or 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 DR program through Program Parties, Utility or Sponsor may terminate Participant’s participation in the Program without liability and without notice.

 

Privacy Notice. By participating in the Program, Participant agrees that Program Parties may collect your personal information or data and that if Program Parties cannot collect the required information or data to validate Participant’s Program participation, Participant may not be eligible to participate in the Program.  Program Parties will protect Participant’s personal information and data consistent with these Terms and Program Parties’ respective privacy policies.

 

Changes in Your Electricity Costs. Sponsor is not responsible for any changes in Participant’s electricity costs or bills as a result of Participant’s Program participation and enrollment.

 

System Testing. In addition to the specific periods listed below, Sponsor may adjust Participant’s qualifying enabling technology(ies) at any time for general system testing and maintenance.  Participant will not receive an incentive or any other compensation for system testing.

 

Program Period. The Program will run throughout the year. Participant will be automatically re-enrolled in the Program annually at the Utility’s or the Sponsor’s discretion or unless Participant terminates participation in the Program, subject to the Terms for the Program.

 

Participation Requirements. To participate in the Program, Participant agrees during the duration of the Program to:

  • Maintain an active account on the Service;
  • Maintain the connection between Participant’s qualifying enabling technology(ies) and the Service;
  • Maintain (i.e., always on) internet service; and
    • Assist Sponsors and other support personnel in troubleshooting and resolving connectivity and other qualifying enabling technology(ies)-related issues.
  • Not participate in a conflicting program or rate with Utility

Participant may be excluded from being or from continuing to be a Participant if:

  • Participant’s qualifying enabling technology(ies) are not connected to the Service for a period of time agreed upon by Program Parties during the program enrollment, or
  • Participant overrides setpoint adjustments for all DR events in a calendar year.

Adjustment Window & Frequency. Participants enrolled qualifying enabling technology(ies) may be controlled, subject to the then current terms of the qualifying demand response programs and rate schedules.  Participants can view qualifying program information at www.sce.com/cpp or through their Non-Utility 3rd party service provider. Notwithstanding the foregoing, there is no limit to the times Program Parties may access the qualifying enabling technology(ies) for system testing, as described above.

 

Qualifying enabling technology(ies), Smart Thermostat, Adjustment Details. Participant agrees to allow Sponsor to control Participant’s smart thermostat to reduce Participant’s electrical demand during the DR program period by increasing the current smart thermostat setpoint or scheduled target temperature setpoint by four degrees Fahrenheit (4 °F) to temporarily reduce normal operating patterns.  These setpoint increases may be preceded by “pre-cool” periods, wherein the current or scheduled target setpoint is temporarily decreased to prepare the premise for the subsequent setpoint increase.  The setpoint 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 the DR event.

 

Opting Out of a Setpoint Adjustment. Participant may opt out of a setpoint 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, Participant may be removed from Program for overriding setpoint adjustments for all DR events in a calendar year, when such overrides consistently occur within the first hour of the DR event.  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 complete and accurate and agrees to promptly notify Utility and Sponsor if any changes occur.

Conduct. By applying for the Program, Participant agrees to comply with and be bound by the Terms, any DR program requirements applicable to an incentive or rebate and any other additional Program information provided to Participant during the Program.  Failure to comply with these Terms may result in disqualification from the Program.  Participant further agrees to comply with and be bound by the decisions of the Utility and Sponsor regarding eligibility to participate, which are final and binding in all respects.  Utility and Sponsor reserve the right in its sole discretion 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 Participant be permitted to obtain awards for, and each Participant hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, and Participant 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 waives 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 REBATE, (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).

 

INDEMNIFICATION AND LIMITATION OF LIABILITY: PARTICIPANTS ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE 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 YOU 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 REBATE 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 Rebate.  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.

 

Entire Agreement. These Terms, together with any DR program requirements applicable to a rebate, constitute the entire agreement between Sponsor and a Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.