Ecobee Program Agreement

Member participant Ecobee agreement smart thermostat savings program

This Agreement is made by and between Piedmont Electric Membership Cooperative (“PEMC”) and Member to verify energy efficiency improvements resulting from the use of the Ecobee Wi-Fi thermostat and establish proof the Ecobee Wi-Fi thermostat is a viable demand side management device.

Member owner eligibility requirements:

The Member certifies or agrees:
1. Its premises have a compatible air-conditioner, heat pump or electric furnace that is in good working order.
2. To maintain the connection between the enrolled thermostat(s) to an Internet Service Provider via Wi-Fi connection.
3. To maintain an active account with PEMC throughout the duration of the program.
4. To assist support personnel in resolving connectivity or other issues relevant to the program.
5. To participate in monthly control events as the program is a demand control study.
6. To allow and permit PEMC and Ecobee to share load-specific data related to energy consumption and capacity of the Member account.

Control events:

The Member agrees to allow PEMC in partnership with North Carolina Electric Membership Corporation (“NCEMC”), to adjust the temperature via the Ecobee utility portal. The thermostat setting will be adjusted up or down four degrees from the normal setting during monthly control events. A control event will have a duration no longer than four (4) hours. Control events will be restricted to no more than eight (8) events in any month.

Member owner energy consumption data:

The Member agrees to allow PEMC and Ecobee to provide detailed energy use data to NCEMC for their explicit use for this program prior to, during, and beyond the term of the Program.

Compensation:

There will be a $2.50 monthly credit to the member’s electric bill during June, July, August and September. As well as, an initial $50.00 member bill credit.

Owner consent:

If the Member is not the Owner of the Premises, the Member must obtain Owner’s express authority to participate and allow the equipment to be installed at the Premises. By signing below, the Member represents and warrants the Owner has read this Agreement, and understands and agrees to Member’s participation as outlined herein. Owner must also sign this Agreement.

Indemnification:

The Member shall indemnify, defend and hold harmless PEMC, NCEMC, Ecobee, and any of their affiliates, contractors, officers, directors, employees, agents, successors, assigns and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses and expenses, (including reasonable attorneys’ fees and costs incurred to enforce this indemnity) arising out of the Member’s participation in this Agreement, except to the extent caused by the negligence or willful misconduct of any of the Indemnified Parties.

Warranty Disclaimer /Liability:

Except as expressly stated herein, PEMC makes no other representations, warranties or guarantees (including third-party warranties). In no event shall PEMC be liable to the Member for any special, indirect, incidental, penal, punitive or consequential damages of any nature in connection with the use of the Member’s Portal, equipment or participation in this program. To the fullest extent allowed by law and as part of the consideration for participation in this Agreement, the Member waives and releases PEMC, its affiliates and contractors, officers, directors, employees, agents, successors, assigns and representatives from all obligations (other than provision of the equipment) and for any and all liability or claims arising in connection with the equipment, the Member Portal, or any work, labor, or service provided by PEMC with full understanding Member agrees to look solely to the manufacturer of the equipment for any relief.

Ecobee Terms & Conditions

By submitting this rebate application, Customer agrees to the following terms and conditions.

Customer is responsible for maintenance of the thermostat including warranty claims related to equipment failure or workmanship defects. Customer agrees to request and grants permission to the Retail Vendor to provide Piedmont Electric access to Customer’s thermostat for the purposes of collecting thermostat operating data and controlling the thermostat to reduce demand on the electric grid. If Customer changes Retail Vendors, this agreement remains in full effect so long as the Retail Vendor is approved by Piedmont Electric.

If Customer removes or causes the thermostat to be removed or changes to new equipment or Retail Vendor within 2 years of receiving a rebate for enrollment in the Residential Power Partner Thermostat Program, Customer may be disqualified from receiving all or part of a rebate on the replacement thermostat enrollment. This rebate offer cannot be combined with any other offer from Piedmont Electric for thermostat enrollment.

Customer agrees to allow Piedmont Electric to control the thermostat to reduce demand on the electric grid by either (a) resetting the current set-point or original target temperature set point by up to 4 degrees F for up to 3 consecutive hours, or (b) implementing other thermostat control strategies such as “duty cycling” to temporarily reduce normal operating patterns in order to reduce electrical demand.

Customer may opt out of a controlled event at any time using the Customer’s web portal or smart phone application. Piedmont Electric may choose to develop and implement other incentive offers related to thermostat operation. If Piedmont Electric develops additional incentives, Customer is eligible to participate in these future offers. Piedmont Electric will contact Customer in the event additional offers become available.

Customer agrees to maintain network connectivity to the thermostat through Customer’s internet Service Provider or other network provider and agrees to the extent practical to keep network connection in operating condition. Customer agrees to be contacted by e-mail, mail, or telephone if, for any reason, Piedmont Electric needs to verify connectivity, customer status, or present additional offers. Customer agrees to allow Piedmont Electric employees or its contractors access to the participating thermostat installation.

While enrolled in the Residential Power Partner Thermostat Program, Customer authorizes Piedmont Electric to provide Customer’s energy use and pricing data collected during the Program to the Retail Vendor to evaluate program performance and provide services.

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