Smart Thermostats
Smart Solutions

Welcome to the Trico Electric Cooperative (Trico) Thermostat Energy Management Program (TEMP)! The TEMP Program (“Program”) allows you to participate in a program offered by Trico Electric Cooperative, Inc. (“Trico” or “Utility”) through which you may receive incentives for your continued enrollment.

Trico has contracted with Open Access Technology International, Inc. (“OATI”), a company that offers demand response management systems, to provide services allowing Trico to schedule and manage limited duration control of Smart Thermostat devices enrolled into the Program.

By submitting your enrollment information for consideration for acceptance to participate in the Program you (“Member” or “You/Your”) acknowledge and confirm that You:

• Have read and understand this Agreement and Trico’s terms for participation in the Program;
• Have read, understand, and agreed to comply with the terms of the Demand Response Program – Thermostat Program Rider Agreement (www.Trico.coop), the applicable Trico tariff, Trico’s terms for participation in the Program, and Trico’s Rules, Regulations and Line Extension Policies all of which are incorporated by reference;
• Have read, understand and agreed to OATI’s Terms and Conditions, as they may be updated from time to time, which are incorporated by reference as made available here: https://www.oati.com/Solution/Smart-Energy/Smart-Thermostat/OATI;
• Agree to allow Trico to remotely inform your Smart Thermostat device of the existence of a demand response event, causing the device to automatically change the temperature setpoint in your home without any manual intervention by you;
• Consent to share your personal information with Trico OATI solely for the purposes identified below;
• Remain responsible for maintenance, repair and replacement of the device system, at your own expense; and
• Understand that the Program’s eligibility requirements and incentives may be modified or the Program may be terminated at any time and for any reason without notification.

General Information

The Program is a voluntary program made available by Trico to its residential and small commercial electric customers (as limited by and subject to the terms of the applicable Tariff and/or Rider, approved by the Arizona Corporation Commission) for the purpose of managing demand in the pursuit of lowering energy costs and providing cost-effective, sustainable energy solutions. To apply for enrollment into the Program, visit www.trico.coop.

Qualifying Members will have the opportunity to earn an incentive from Trico by allowing Trico to control the use of their smart thermostat through their qualifying smart thermostat between June 1^st and September 30^th when the demand for electricity is the highest.

For your participation in the TEMP Program and full compliance with these terms and conditions Trico will provide you with the incentives described in the applicable rate tariff and/or rider.

Below are important terms that you must understand and agree to in order to participate in the Program:

Eligibility: This is a voluntary program for Utility’s eligible electric customers. To be eligible for the Program, in addition to agreeing to this Agreement and any all applicable tariffs, riders, rules, terms and conditions, you must: (1) have an electric service account, in good standing, with Trico; (2) have an installed, operable, and compatible Smart Thermostat controlling your air conditioning units, at your service address (Trico shall have sole discretion to determine the number of thermostats that are eligible for incentives); and (3) maintain the air conditioning equipment and Smart Thermostat unit as the primary cooling control system(s) at your service address.

Trico shall have all rights described in the applicable tariff, rider, and rules, regulations and lines extension policies, as amended from time to time.

Device Connectivity and Access for Trico: To participate, you must allow Trico access to control your device. You are responsible for acquiring and maintaining: (i) a working and reliable internet connection and Wi-Fi network (if device requires Wi-Fi) and other related equipment in your home that is positioned to communicate reliably; (ii) an internet service provider (“ISP”) providing reliable service; (iii) other system elements that may be specified as required by Trico or the manufacturer of any required equipment (i.e. smart phone apps and active accounts with the smart thermostat manufacturer). You are responsible for all costs for the device, internet connection, system elements, and for all fees charged by the ISP in connection with participation in the Program. You agree to use best efforts to maintain and repair your Wi-fi, internet service, system elements, thermostat, and air conditioning equipment to keep it/them in satisfactory operating condition.

You must satisfy these requirements for as long as you are in the Program, using best efforts to maintain connectivity of your Smart Thermostat, and ensure it is online and able to be called upon during a Program event. Your participation in the Program may be terminated in the event that Trico is unable to communicate with or access your Smart Thermostat and communication or access is not restored within thirty (30) days. If communication or access is restored at a future date, you may opt back in if the program is accepting new participants and Trico approves, in its sole discretion.

Program Modification or Termination: Trico may modify or terminate the Program for any reason including, but not limited to, change in regulations and/or not receiving approvals from governing regulators; decision of a Utility’s Board to modify or discontinue the Program; Smart Thermostat Manufacturer changes or discontinuance of support for the Program; and other such events. If any of these happen, Trico will notify you. You may not receive further Program incentives after such termination of the Program. In any event, Trico reserves the right to substitute an incentive of equal value to any described program participation incentive at Trico’s sole discretion at any time.

Control of Device: You acknowledge and agree that Trico may control your Smart Thermostat device(s) in your home to remotely trigger an event that will cause your Smart Thermostat to automatically change the temperature set point (both up and down as described in the applicable Rider) on that day, without any manual intervention by you. You will have the ability to opt out of event control and override any Trico control by adjusting your Smart Thermostat to a different temperature or, where supported by your Smart Thermostat Manufacturer, by using the mobile or web application you regularly use with your Smart Thermostat. You understand that if you opt out or override an event’s control settings, you may affect your incentives or program eligibility. Program events may take place during the time periods identified in the Program rider, rate and/or tariff.

Events may be called from June 1 to September 30 (“Program Season”), under the following criteria:

For All Thermostats (Please review tariff and/or rider on Trico’s website www.trico.coop for any updates or changes)

• Maximum of four hours per Event
• Any day of the week including weekends and holidays
• One Event per day
• Thermostat may be increased up to four degrees above initial set point during the duration of each Event
• Thermostat may be lowered by three degrees up to one-hour prior to the called Event period
• Thermostat will be returned to its initial set point at the conclusion of the Event
• Events are identified and called in Trico’s sole discretion.

You authorize Trico to contact you by email, phone, text, push notification, and other means for items and issues related to the Program, including but not limited to, providing advanced notice when events are scheduled to occur. Trico shall have discretion to determine the method for notice.

Data Access, Usage and Sharing: By submitting your enrollment information for consideration to participate in the TEMP Program, You authorize Trico, OATI, and their respective agents, contractors, and service providers, to collect, review, and share your personal information or data related to your enrollment and participation in the Program, which can include but is not necessarily limited to your name, email address, service address, utility account number, thermostat serial number, activation date, your enrollment information, statistics and data about your energy use, any opt out decisions or actions by you, or other information related to your participation in the Program. Any personal information or data collected by Tricos or OATI during the course of the Program will be used for administering the Program, planning purposes, analysis, and reporting on the Program pursuant to this Agreement. This information will also be used by Trico and OATI for administration, evaluation, and reporting on the Program, and analyzing the need for other programs and options and verifying the size, scope and activity of the Program.

You agree that information about Your service account, energy usage, and devices connected to Your service account, as well as any information You provide while applying for the Program or that is related to the Program may be shared by the Utility and OATI for the purpose of ensuring enrollment eligibility, compliance with Program requirements and analyzing and reporting on program performance data. You consent to receive emails and other notifications sent by the Utility and OATI related to your participation in the Program.

The Utility and OATI may summarize or provide information about the results of the Program in publicly available studies or reports, including but not limited to reports to Trico’s balancing authority, market regulators, or other regulatory entities. In such case, data will be anonymized in a way that you cannot be individually identified. By signing up to participate in the Program, You consent to this information being accessed and provided to or by Trico, OATI, and/or their respective agents, contractors, and service providers.

Enrollment & Term: Agreement with these terms and conditions shall be effective commencing on your submission of enrollment information and continue in effect in perpetuity unless or until terminated by either party. Either party may terminate this Agreement for any reason by providing the other party written or verbal notice to the other party. Participation in the Program is voluntary and you may withdraw from the Program at any time. Withdrawal may render you ineligible to receive Program incentives or participate in the Program in the future. You may provide written notice to Trico at the following address: Trico Electric Cooperative PO Box 930 Marana, AZ 85653 and/or programs@trico.coop.

If you violate the terms and conditions of this Agreement, Utility may immediately terminate your participation in the Program, and may elect to disqualify you from eligibility for incentives and/or future participation in the Program.

Liability: YOU ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. IN NO EVENT SHALL TRICO (INCLUDING SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, INSURERS AND CONTRACTORS) NOR ANY OF THEIR PROGRAM IMPLEMENTATION CONTRACTORS OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO ANY PERSONS OR PROPERTY RESULTING FROM OR ARISING OUT OF ANY USE, REPAIR, DELAY IN REPAIRING, REPLACEMENT

OF, MODIFICATION TO, UNAVAILABILITY OF, OR STATUS OF THE DEVICE SYSTEM. TRICO NOR ANY OF THEIR PROGRAM IMPLEMENTATION CONTRACTORS OR SUBCONTRACTORS SHALL BE RESPONSIBLE FOR ANY COSTS RELATED TO THE REPAIR, MAINTENANCE OR REPLACEMENT OF YOUR THERMOSTATE, AIR CONDITIONING, WIFI, DEVICES OR DEVICE SYSTEM.

Indemnification: YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS TRICO (INCLUDING SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, INSURERS AND CONTRACTORS) THEIR PROGRAM IMPLEMENTATION CONTRACTORS AND SUBCONTRACTORS FOR ANY LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, INJURY, EXPENSE, OR DAMAGE TO ANY PERSONS OR PROPERTY ARISING FROM THEIR ACCESS AND USE OF YOUR SMART THERMOSTAT DEVICE OR SYSTEM, OR CAUSED BY ANY BREACH OF THIS AGREEMENT BY YOU, YOUR NEGLIGENCE OR THAT OF YOUR HOUSEHOLD MEMBERS, AGENTS, SERVANTS, EMPLOYEES, TENANTS, LICENSEES, INVITEES, TENANT’S INVITEES, OR INDEPENDENT CONTRACTORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD TRICO (INCLUDING SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, INSURERS AND CONTRACTORS)  THEIR PROGRAM IMPLEMENTATION CONTRACTORS AND SUBCONTRACTORS HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE PROGRAM FOR: (1) DEATH OR PERSONAL INJURY ARISING AS A RESULT OF THE UTILITY’S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) THE UTILITY’S FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE UTILITY HAS NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM.

General Provisions: This Agreement is governed and construed and enforced in accordance with the laws of the State of Arizona without regard to its choice of law provisions. This Agreement supersedes any prior agreements and contains the entire agreement of the Parties and all representations with respect to the subject matter hereto. Any prior correspondence, memoranda or agreements are replaced in total by this Agreement. The waiver of any of the rights or remedies arising pursuant to this Agreement on any occasion by any Party shall not constitute a waiver of any rights or remedies in respect to any subsequent breach or default of the terms of this Agreement. As a condition of participating in this Program, You agree that all disputes that cannot be resolved amicably will be resolved individually, and will not be subject to class action or other similar process. You waive all rights or claims for incidental, punitive, consequential, or other special damages, including attorneys’ fees. To the extent permitted by law, any dispute arising in relation to this Agreement shall be subject to arbitration in accordance with the Arizona Revised Uniform Arbitration Act (ARS 12-3001 et seq.), with such arbitration to occur in Tucson, Arizona.