Tri-State

SMART THERMOSTAT PROGRAM TERMS AND CONDITIONS

General Information
Thank you for participating in the Electrify and Save® Smart Thermostat program (“Program”) offered by your local electric cooperative (“Cooperative”). This annual incentive program is available to eligible residential and commercial member participants (“Participant”) who enroll their “smart” qualifying thermostat(s) (“Device”) and comply with the Program’s Terms and Conditions (“Terms”).

Participant can earn incentives from the Cooperative by reducing energy usage during peak periods. This, in turn, can help maintain lower rates by minimizing energy purchases as prices rise during periods of peak demand. The Cooperative has partnered with a third-party vendor (“Vendor”) to facilitate the Program and schedule and implement adjustment events for the Participant’s enrolled Device(s). Please contact your Cooperative with questions on qualifying Devices.

The Cooperative will include these Devices in Tri-State Generation and Transmission Association, Inc.’s (“Tri-State”) demand response program for its member cooperatives.

Program Goals
The goals of the Program include:

  1. Reducing peak electric demand and improving overall system efficiency.
  2. Leveraging smart thermostat technology to provide flexible, dispatchable demand response capability.
  3. Encouraging residential and commercial end-use retail customers adoption of grid-interactive smart devices that support energy savings and improved reliability.
  4. Supporting participating member cooperatives in meeting demand response, reliability, and resource adequacy objectives.
  5. Complying with regulatory requirements.

Terms
The Program is governed by these Terms. By signing up for or continuing to participate in the Program, you, as the Participant, agree to these Terms. Participant’s failure to comply with these Terms may result in removal from the Program.

  1. Consent and Capacity: Participant represents that they are at least 18 years old and have the legal capacity to agree to these Terms. Participant will provide truthful, accurate, current and complete information. Participant will secure the necessary consent(s) and approval(s) from the owner(s) or occupant(s) of any premises where the Device(s) is located, as necessary.
  2. Eligibility: To participate and continue to participate in the Program, the Participant must have:
    1. A current Cooperative residential or commercial electric service account in good standing where each enrolled Device is located;
    2. A wireless network at the Participant’s specified service address (mobile broadband may be ineligible; please consult the Cooperative) where each enrolled Device is located;
    3. An installed, operating, and functional qualifying Device connected to the Participant’s wireless network that controls a dedicated central or rooftop air-conditioning unit(s) (“HVAC Equipment”);
    4. An account where each enrolled Device is located not exceeding 35 kW billable monthly demand;
    5. Enrolled Device(s) located at a residential single-family home or townhome, or a commercial property, that is not located within an apartment, condominium, or mobile home;
    6. Have decision-making authority for the enrolled Device(s), including the controlling HVAC Equipment; and
    7. Agreed to the Device manufacturer terms and conditions, if applicable.
  3. Incentive: An eligible Participant may enroll one or more qualifying Devices in the Program and receive a one-time $50 enrollment incentive from the Cooperative for each Device and a $25 annual enrollment incentive per Device. Enrollment incentive to be paid after the enrollment date and the annual incentive to be paid each Fall after the conclusion of the event season. Incentives will be paid out as a bill credit, unless otherwise specified by Cooperative.
    1. The Cooperative is not responsible for ensuring the receipt of incentive payments if the Participant relocates without notification; such inaction forfeits the incentive.
  4. Device System Performance: If the Device system fails to connect via Wi-Fi, the Participant has 30 days to resolve the issue and have the Cooperative verify the issue is resolved and the Device performs successfully. The Cooperative reserves the right to remove any Participant for any reason.
  5. Device Adjustment: By participating in the Program, Participant hereby grants Cooperative, Vendor, Tri-State, and the Device manufacturer(s) the right and permission to access and modify the settings (e..g. to increase the temperature setting for the Device) of the enrolled Device(s) during peak events (“Adjustment Event”), with such peak events determined by Tri-State, in its sole discretion. Participant may be notified of an Adjustment Event by the Device manufacturer, Cooperative, Vendor, Tri-State or other third party typically four hours in advance of events, although timing may vary. Notification may be through a message on the Device, in the manufacturer’s app, or by email; however, in emergencies, Participant may not receive any advance notice. Adjustment Events may occur throughout the months of May, June, July, August and September, Monday through Saturday and the commencement of an Adjustment Events will typically occur Monday through Saturday between the hours of 1:00pm to 8:00pm Mountain time.
    1. There may be a need to dispatch certain control events outside of the typical control days and times during the months of May through September. These would occur when North American Electric Reliability Corporation (“NERC”) declares Level 2 Alerts for the service territory, as defined by NERC’s Reliability Standard EOP-002-2 (found at http://www.nerc.com ). For more information, please consult the Cooperative.
  6. Data Access: By participating in the Program, Participant hereby allows the Cooperative, Tri-State and/or Vendor access to and the right to utilize specific Participant data and information, including, but not limited to, energy usage and consumption data, as well as personally identifiable information. Information will not be resold and only used for the purpose of this program, for more information please consult your Cooperative’s privacy policy, if applicable. Information will not be resold and will only be used for the purpose of this Program. Participation depends on Participant’s continued consent for access and use of this information by the Cooperative, Tri-State and/or Vendor.
  7. Enrollment and Term: The Program and Terms become effective and binding upon Participant when the Participant makes a request to Cooperative to enroll in the Program and remains in effect until the Participant or Cooperative cancels or terminates the Participant’s participation.
  8. Liability: The Cooperative, Vendor, Tri-State, and manufacturer(s), along with their affiliates, directors, officers, and employees, shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages to any persons or property resulting from or arising out of any use, repair, delay in repair, replacement, modification, unavailability, or status of the Device or Adjustment Event. Participant is responsible for purchasing, installing, operating, maintaining, and if necessary, replacing its enrolled Device(s). The Cooperative is not responsible for any costs associated with operating, repairing, maintaining, or replacing Device(s). If a replacement of enrolled Device(s) becomes necessary, the Participant must notify the Cooperative to continue participation. The Cooperative is not responsible for any changes in electricity costs during the Program.
  9. This Program and these Terms will be governed by the laws of laws of the state of the Cooperative’s headquarters. The Participant waives all rights or claims for indirect, incidental, special, punitive or consequential damages, including attorneys’ fees.
  10. No Warranty Disclaimer: Participation in the Program is at the Participant’s discretion and risk. The Program is provided “AS IS” and “AS AVAILABLE” without any warranties. If the Participant is dissatisfied with the Program or these Terms or believe that the Cooperative has breached these terms, the Participant’s sole and exclusive remedy is ceasing their participation in the Program.
  11. Rights at Termination. Participant has the right to terminate its participation in the Program at any time by providing written notice by email to Cooperative at demandresponse@tristategt.org. Cooperative has the right to terminate or cancel this Program in its entirety or terminate just Participant’s participation in this Program at any time upon notification to Participant at the most recent email address the Cooperative has on file for the Participant. If Participant terminates its participation after participating for less than six months, Participant may have to return any enrollment incentives to the Cooperative via a charge on their electrical service bill. All rights granted to the Participant under these Terms will immediately end upon termination of Participant’s participation in the Program
  12. Modifications: The Cooperative may change the Program and Terms at any time. Participant will be notified by email at the most recent email address the Cooperative has on file of any changes to the Program and Terms and the effective date of such. Continued participation in the Program after the effective date of such change signifies the Participant ’s acceptance of the revised Program and terms.