BGE Connected Rewards℠ Program Terms & ConditionsWelcome to Baltimore Gas and Electric’s (“BGE”) Connected Rewards (“Program”)By becoming a Participant of the Program, you may help reduce stress on the grid in your utility service area.By participating in the Program, you may be eligible to receive the Reward described below, subject to these Program Terms and Conditions (“Terms”).To become a Participant in the Program, you must submit an application to enroll, and have it accepted by, both the Sponsor and the Program Administrator (as each is defined below). You must have an installed and operational device to participate in this Program.Binding AgreementBy applying for the Program, you agree to comply with and be bound by these Terms, even if your application is not accepted or approved by the Sponsor and the Program Administrator. However, if your application is not accepted or approved, you will not be subject to data collection under these Terms.Failure to comply with these Terms may result in your unenrollment from the Program. The decisions of the Sponsor and the Program Administrator regarding your eligibility to participate are final and binding in all respects.Sponsor reserves the right, in its sole discretion, to unenroll any Participant for, among other things:Tampering or attempting to tamper with the operation of the Program; orViolating these Terms or the terms and conditions of use of any Sponsor 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 unenrollment of a Participant and forfeiture of any Reward.About the ProgramApplicants whose applications to participate in the Program are submitted by the enrollment deadline and accepted by the Program Administrator (“Participants,” “you,” and “your”) and who fully comply with these Terms may receive an incentive, as set forth below (“Reward”), to be provided to you by the Program Administrator following the conclusion of the Program term.To receive the Reward, you must be accepted as a Participant by the Sponsor and Program Administrator, and your participation must not be withdrawn or terminated.DefinitionsIn the context of these Terms:Program: The Program is provided by EnergyHub, Inc., 41 Flatbush Avenue, Suite 400A, Brooklyn, NY 11217 (“Sponsor”).Adjustment Events: Times during the Program Period when the Distributed Energy Resource (“DER”) Vendor will control Participant’s Device(s), on behalf of the Sponsor Parties, to signal the Device to charge, discharge, or change its mode of operation, device mode, setpoint, or other settings, as applicable.DER Vendor: The third-party manufacturer of the Participant’s device.Device: Your DER Vendor’s product, which can be monitored and operated during the Program by the DER Vendor’s network operations center.FAA: The Federal Arbitration Act.Participant: An applicant that has been accepted into the Program by the Sponsor and Program Administrator.Program: The Connected Rewards Program.Program Administrator: BGE.Program Data: Data related to your identity, your Adjustment Event opt-in or opt-out status, your energy usage and/or energy production, your Program Administrator account, your utility bill, and operational data about your Device(s).Program Period: The duration of the Program from January 1–December 31. The Summer Program runs from May 1–September 30, and the Winter Program runs from October 1–April 30.Reward: $10 per month, per device, for up to three devices, plus limited-time offers as available.Service: The connection between your Device(s) and the DER Vendor platform.Sponsor Parties: Sponsor, DER Vendor, and Program Administrator, their respective successors and assigns, and each of their respective affiliates, agents, representatives, directors, officers, and employees.Terms: These Program Terms and Conditions.Application Consent by ParticipantBy submitting an application to enroll as a Participant, you authorize the Sponsor Parties to:Collect and exchange Program Data and retain such data indefinitely, solely for the purposes of determining your eligibility for the Program and operating the Program.Review and analyze all of your Program Data for the purposes of the Sponsor Parties fulfilling their obligations under the Program and applicable law, improving the Program, and as otherwise permitted by applicable law, and to exchange conclusions with each other and publish results based on those conclusions, provided that they treat all such Program Data in accordance with their respective privacy policies.Automatically signal your Devices to take part in Adjustment Events for this Program or for general system testing purposes.Send you emails, text messages, and other notifications related to the Program, including about your enrollment status and Program-related adjustments to your Devices.Send you emails, text messages, and other notifications related to surveys about the Program and to share your responses to such surveys among the Sponsor Parties.Retain all of your Program Data indefinitely for record-keeping purposes.Eligibility and EnrollmentYou may apply to become a Participant and participate in the Program if you meet the following eligibility criteria and requirements:Be at least 18 years of age.Be an active residential BGE electric customer.Be the BGE account owner to enroll and receive the Reward. Landlords or other third parties not living at the dwelling are not eligible to enroll or receive the rewards of the Connected Rewards Program.Have one or more Devices that are compatible with and connected to the DER Vendor platform (“Service”) and compatible with the Program design.Maintain an active account in good standing on the Service and a continuous connection between your enrolled Devices and the Service.Have an Advanced Metering Infrastructure (“AMI”)/Smart meter installed at the location of the active account associated with the Devices being enrolled.Be permitted to participate in only one demand response program per compressor and/or HVAC system.Assist Sponsor Parties’ support personnel in troubleshooting and resolving connectivity, firmware, and other Device-related issues.Agree to the terms and conditions outlined by each thermostat manufacturer.Program PeriodThe Program will run for the Program Period defined above.You may be automatically re-enrolled in subsequent Program Periods at Sponsor’s discretion, subject to the then-current Terms for the Program.You may unenroll from the Program at any time.Program DescriptionParticipant agrees to allow the DER Vendor, acting on behalf of the Sponsor Parties, to control the Participant’s Devices during the Program Period.The Program Administrator does not operate or directly control Devices.Such adjustments are referred to as “Adjustment Events.” Adjustment Events may signal the Device to charge, discharge, or change its mode of operation, device mode, setpoint, or other settings, as applicable.For Devices that allow for temperature control, Adjustment Events may include or be preceded by “pre-cool” or “pre-heat” periods, wherein the then-current or scheduled target temperature setpoint is temporarily changed to prepare for the subsequent adjustment.For certain types of services offered by the Sponsor Parties, an Adjustment Event may occur even if the Device is in any kind of hold mode at the start of the Adjustment Event.Participant may opt out of a current or future Adjustment Event at any time by directly adjusting the Device.How to ApplyYou can apply to participate in the Program through your DER Vendor mobile app or at the program enrollment website:BGESmartEnergy.com/Residential/Earn-Incentives/ConnectedRewardsThe Sponsor Parties may accept or reject your application at their discretion.How to WithdrawOnce you are accepted as a Participant in the Program, you may withdraw by emailing the Sponsor contact address specified below.Withdrawal will not affect the other services provided by the Sponsor Parties to you.By withdrawing, you may render yourself ineligible to:Receive the Reward;Participate in the Program in the future; orParticipate in other programs offered by Sponsor.Program TerminationSponsor’s ability to offer the Program is contingent on receiving certain approvals and acceptances from the Program Administrator.If such approvals and acceptances are withheld or withdrawn, or if the Program is declared unlawful, the Program will be terminated along with the Reward.Further, Sponsor’s ability to offer the Program to you is contingent on Sponsor’s agreements with the DER Vendor. In the event such agreement(s) terminate for any reason, your participation in the Program will be terminated along with the Reward.In the event of such termination, the DER Vendor may provide notice to you by email, and Sponsor may provide notice at EnergyHub.com.Termination of the Program will not affect any payment obligations you may have for your DER Vendor Device, and your DER Vendor customer agreement will remain in effect.DisqualificationThe Sponsor Parties may terminate your participation in the Program and Reward at any time and without liability upon notice to you via email if:You violate these Terms or applicable law.You do not comply with any reasonable request from a Sponsor Party in connection with this Program.Your Program Administrator declares you ineligible for the Program.Your account with the Program Administrator or DER Vendor is no longer in good standing.You do not maintain a continuous connection between your enrolled Device(s) and the Service.If you enroll in a conflicting energy program through Sponsor Parties, Sponsor may terminate your participation in the Program without liability and without notice.Disqualification from the Program will not affect any payment obligations you may have for your DER Vendor Device, and your DER Vendor customer agreement will remain in effect.Privacy NoticeBy participating in the Program, you agree that the Sponsor Parties may collect your personal information or data and that if they cannot collect the required information or data, you may not be eligible to participate in the Program.Sponsor Parties will administer your personal information and usage data consistent with these Terms and each company’s then-current privacy policy.Sponsor’s privacy policy is located at:EnergyHub.com/Privacy-PolicyChanges in Your Utility CostsSponsor Parties are not responsible for any changes in your utility costs during the Program.Nothing in these Terms shall create liability for the Program Administrator arising from the operation, failure, or performance of any Device or DER Vendor service.InformationYou represent and warrant to Sponsor that the information you provide to Sponsor while applying for and during the course of the Program is accurate and complete.You agree to promptly notify Sponsor if any information you provided during your application for the Program has changed.General ConditionsThis Program is governed by the laws of the State of Maryland without regard to its applicable principles of conflicts of law, except that the Federal Arbitration Act (“FAA”) governs arbitration provisions.The Sponsor Parties’ failure to enforce any term of these Terms shall not constitute a waiver of that provision.The Sponsor Parties, including each of their respective affiliates, agents, directors, officers, and employees, are not responsible or liable for any incorrect or inaccurate Program application information and assume no responsibility for:Typographical or other errors in the printing of the Program materials or the offering or announcement of any Reward.Any error, omission, interruption, defect, or delay in operation or transmission at any website.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.Communications line, hardware, and/or software failures.Damage to any computer or device, software or hardware, resulting from participation in the Program.Theft or destruction of, tampering with, unauthorized access to, or alteration of applications and/or Program application information.Applications that are late or lost.Any loss of income due to Device control.Participant assumes all risk of participation in the Program.To the maximum extent permitted by law, you indemnify and agree to keep the Sponsor Parties, including each of their respective affiliates, agents, directors, officers, and employees, 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 you and/or to any act, default, or omission by you under these Terms.To the maximum extent permitted by law, you agree to hold the Sponsor Parties, including each of their respective affiliates, agents, directors, officers, and employees, 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:Death or personal injury arising as a result of Sponsor’s negligence or breach of contract; orThe Sponsor Parties’ fraudulent misrepresentation or deliberate breach of contract.The Sponsor Parties, including each of their respective affiliates, agents, directors, officers, and employees, 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.If any provision of these Terms is held to be invalid or unenforceable, all remaining provisions of these Terms will remain in full force and effect.These Terms will be binding on the Sponsor Parties and their respective successors and assigns, and Participant.Participant may not assign these Terms without the written consent of Sponsor, whereas Sponsor may assign these Terms to any third party.The Sponsor Parties are not responsible for the policies, actions, or inactions of others that might prevent the Participant from entering, participating, or claiming a Reward.For the avoidance of doubt, it is specifically understood and agreed that there shall be no personal liability on the part of any affiliates, agents, directors, officers, and employees of each Sponsor Party under these Terms.These Terms constitute the entire agreement between Sponsor Parties and a Participant relating to the subject matter hereof and supersede all other such prior or contemporaneous oral and written agreements and understandings.ArbitrationIf you and the Sponsor do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration governed by the FAA.You are giving up the right to litigate, or participate as a party or class member in, all disputes in court before a judge or jury.Instead, all disputes will be resolved on an individual basis before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA.Any court with jurisdiction over the parties may enforce the arbitrator’s award.No Class Action ProcedureNotwithstanding any of the foregoing or any other provision of these Terms, class arbitration is not permitted under any circumstance.You and the Sponsor agree that, by entering into this Agreement, the parties may bring claims against the other only in their respective individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.Although the non-availability of any form of representative or class proceeding is clear from this Agreement, should any dispute arise regarding or relating to the existence, validity, enforceability, or interpretation of the Arbitration and No Class Action procedures provisions above, the federal or state court located in Maryland, or such other venue required by applicable law, shall have exclusive jurisdiction.Changes to the TermsSponsor may modify these Terms at any time.We will notify you by email at the most current email address we have on record for you when we make any material changes to these Terms. The effective date of the modified Terms will be after the date of our notice to you.Your continued participation in the Program thereafter signifies your acceptance of such modified Terms.The modified Terms will apply only to disputes that arise after the effective date of such modified Terms.We will also post the most current version of the Terms on our website specified below and encourage you to check this site frequently.Acceptance of AgreementThe use of an electronic signature process to accept and sign these Terms, including your indication of acceptance of these Terms by a click-through or click-wrap process presented on Sponsor’s website, shall constitute effective execution and delivery of these Terms and shall form a binding contract between you and the Sponsor.The other Sponsor Parties shall be express third-party beneficiaries hereof and may enforce the provisions hereof as if they were a party.Additional Program DetailsAdditional program details are available at:BGESmartEnergy.com/Residential/Earn-Incentives/ConnectedRewardsEnergyHub contact information for the program is: BGEConnectedRewards@icf.com.