MEMBER PARTICIPANT AGREEMENT - ECOBEE WI-FI PROGRAMMABLE THERMOSTAT PROJECT
This agreement is made between Brunswick Electric Membership Corporation (BEMC) and the Member for the purpose of data research and use of the Ecobee4 Wi-Fi thermostat as a demand side management device (the "Project").
Member Eligibility Requirements:
- The Member certifies that they have a compatible air-conditioner, heat pump or electric furnace in good working order.
- The Member agrees to maintain the connection between their enrolled thermostat(s) through an Internet Service Provider for wi-fi connectivity.
- The Member agrees to maintain an active account with BEMC throughout the duration of the project.
- The Member agrees to assist support personnel in resolving connectivity or other issues relevant to the project.
- The Project is a demand control project and the Member agrees to participate in monthly control events.
- The Member agrees to allow BEMC to share load-specific data related to energy consumption and capacity of the Member’s account.
The member agrees to allow Ecobee4, in coordination with BEMC, to adjust the temperature setting up or down three degrees from the normal setting during monthly control events. A control event will last no longer than six hours. Control events will be restricted to no more than eight events in any one month. The Member will receive control event notifications on the Ecobee4 thermostat screen and via email. The Member may opt-out of any control event.
The term of the Wi-Fi Programmable Thermostat Project shall be indefinite unless terminated at the Member's request. If the Member chooses to terminate this agreement within one year of the date of this agreement, the Member will be charged an early termination fee of $100, which is half the cost of the thermostat. If the Member chooses to terminate this agreement after two years there will be no cost to the Member.
The Member agrees to allow BEMC to provide detailed energy use data to North Carolina Electric Membership Corporation (NCEMC) for explicit use for this project prior to, during and beyond the term of this project.
Program Cost and Member Compensation:
BEMC agrees to sell the Ecobee4 thermostat to the Member at the following applicable reduced price:
- Cost of thermostat to Member, plus applicable State sales tax : All-Electric = $50 Gas Heat = $100
Within sixty (60) days after purchase at the reduced price, Member agrees to install (or have installed) at Member’s sole expense, the Ecobee4 thermostat in the Premises. If the thermostat is not installed after sixty (60) days, Member agrees to reimburse BEMC for the full cost of the thermostat, less any amount previously paid by the Member for the thermostat. Other than the reduced price of the Ecobee4, there will be no further compensation for participating in the project.
Member Ownership of the Premises:
The Member certifies that he or she is the Owner of the Premises.
The Member shall indemnify, defend and hold harmless BEMC, their affiliates and their 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, BEMC makes no other representations, warranties or guarantees (including third-party warranties). In no event shall BEMC 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 Members Portal, Equipment or participation in this project. To the fullest extent allowed by law and as part of the consideration for participation in this Agreement, the Member waives and releases BEMC, its affiliates and their 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 or service provided by BEMC provided resulting Member agrees to look solely to the manufacturer of the Equipment.