Enbridge

REDEMPTION TOOL AGREEMENT FOR ENBRIDGE GAS APPLICANTS

This Redemption Tool is provided by Nest Labs, Inc. (“Nest”) and allows you to participate in an incentive program for residential customers offered by Enbridge Gas Distribution Inc. (“Enbridge Gas”) called the Enbridge Smart Thermostats Program (the “Program”). Participants who reside within the Enbridge Gas Program Delivery Area (see www.enbridgesmartsavings.com for details) and who purchase and install a Smart Thermostat (as defined below) between January 1, 2018 - December 31, 2018 are eligible to receive a $100 incentive (the “Incentive”). As set out in further detail below, if you are an Enbridge Gas customer, the Incentive will be paid by way of a credit on your Enbridge Gas natural gas account. If you are not an Enbridge Gas customer and you fuel your home with propane or oil and reside in the Enbridge Program Delivery Area, the Incentive will be paid by way of cheque.

Your agreement to these terms (“Agreement”) gives Nest permission to access, use and share certain information with Enbridge Gas, including information you submit to the Incentive Redemption Tool, to enable Enbridge Gas to verify your eligibility for the Incentive under the Program, pursuant to the terms and conditions below. This Agreement also gives Enbridge Gas permission to share certain information, including information you submit to the Redemption Tool, with the Province of Ontario (the “Province”), the Independent Electricity System Operator or any successor thereto (“IESO”) and the following participating local distribution companies (each, an “LDC”), pursuant to the terms and conditions below: Toronto Hydro-Electric System Limited.

By submitting this Agreement, you agree to accept and be legally bound to the terms and conditions of the Program. You agree that your failure to comply with the terms and conditions of the Program will make you ineligible for the Incentive. Full terms and conditions of the Program can be found at www.enbridgesmartsavings.com/terms-and-conditions

Nest will provide the Redemption Tool in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/legal) and applicable laws and regulations.

“Nest Thermostat” means (i) the Nest Learning Thermostat, 3rd Generation (Model #: T3007EF) and (ii) the Nest Thermostat E – White or Black, (Mode l#: T4000EF).

Eligibility Requirements

The incentive is available to participants who meet the following eligibility requirements: (1) your Smart Thermostat must control your primary heating source (electric heating is not eligible); (2) the residence that is linked to your Smart Thermostat must be located within the Enbridge Gas Program Delivery Area; (3) your residence must be a single family home (detached, semi-detached, and row townhouse homes only); (4) you must have an active Nest account linked to your Nest Smart Thermostat; (5) you must have a Wi-Fi connection at your residence sufficient to communicate that your Smart Thermostat has been successfully installed, activated and paired to Nest’s services; and (6) you must activate your Smart Thermostat and submit an online application form for the Incentive using a Redemption Tool between January 1, 2018 through to December 31, 2018; and (7) you must agree to the terms and conditions set forth in this Agreement and set out in the Program. Participants who reside in multi-unit residential buildings and condominiums are not eligible for the Incentive. Only one device per residence with a one-time serial number registration permitted. Union Gas Limited customers are not eligible for this incentive.

Incentives(s)

Incentives will be provided pursuant to the Program. The Incentives are provided solely by Enbridge Gas and, as applicable, the IESO and your LDC. Nest bears no responsibility for the Incentives. You acknowledge that Nest is facilitating your ability to claim Incentives, but Nest is not providing you any compensation or other financial benefit, and your permissions to Nest are not contingent on receipt or amount of the Incentives. Nest makes no promise of any specific Incentive amount. Enbridge Gas, the Province, the IESO, and the applicable LDC(s) reserve the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

Nest may share certain information (including, but not limited to, your name, email address, service address, phone number, Enbridge Gas account number, Nest Thermostat serial number, activation date, Nest account status, the wiring of your Nest Thermostat, whether or not you have central air conditioning, whether or not you have central air conditioning with a standard thermostat (as identified by Nest), the installation date of your Nest Thermostat, other information submitted by you in the Redemption Tool, and related details) with Enbridge Gas to verify that you are eligible for the Incentive under the Program.

Enbridge Gas may share certain information (including, but not limited to, your name, email address, service address, phone number, Enbridge Gas account number, Nest Thermostat serial number, activation date, Nest account status, the wiring of your Nest Thermostat, whether or not you have central air conditioning, whether or not you have central air conditioning with a standard thermostat (as identified by Nest), the installation date of your Nest Thermostat, other information submitted by you in the Redemption Tool, and related details) with the Province and one or more LDCs. Enbridge Gas or an LDC may share such information with the IESO. The IESO may further share such information with one or more LDCs and with Enbridge Gas. Enbridge Gas may also share such information with other utilities operating in your service area to determine if you are eligible for additional incentives from such other utilities.

Such information may be shared for purposes which include: to determine if the Incentive you receive is eligible for contribution from the Province, the IESO or any LDCs, evaluate the comprehensive energy impact of the Nest Thermostat, develop new programs and services, and to evaluate each of (i) the Program, and (ii) the Province’s investment in the Program through the Province’s Green Investment Fund.

Such shared information may be subject to disclosure in accordance with the Freedom of Information and Protection of Privacy Act (Ontario) and/or the Municipal Freedom of Information and Protection of Privacy Act (Ontario).

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or Enbridge Gas may terminate this Agreement and not approve your application for an Incentive if you are not truthful in the information you submit as part of this Agreement, if you do not satisfy eligibility requirements, or for any other reason. You are using Nest’s Redemption Tool and applying for an Incentive on a voluntary basis.

You agree to participate in any follow up surveys, studies, audits, evaluations or verifications conducted by Nest, Enbridge Gas, the Province, the IESO, or your LDC in connection with the Program. You agree that Enbridge Gas, the Province, your LDC, and the IESO may contact you for marketing purposes in connection with energy-efficiency programs. You agree that Enbridge Gas, your LDC, and the IESO may contact you for marketing purposes in connection with energy-efficiency programs.

You agree to use the Redemption Tool in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/legal) and applicable laws and regulations.

You release and hold harmless Nest, Enbridge Gas, the Province, the IESO and the LDCs from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Program or your use of the Redemption Tool.

You acknowledge and agree that the limitation of liability and indemnity set out in the full terms and conditions of the Program at www.enbridgesmartsavings.com/terms-and-conditions shall also apply.

This Agreement is effective upon your submitting this Agreement.