Legal Items

Midwest

RUSH HOUR REWARDS PROGRAM AGREEMENT FOR MIDWEST ELECTRIC COOPERATIVE CUSTOMERS

Thank you for your interest in the Rush Hour Rewards Program, a service offered by Nest Labs, Inc. ("Nest").

Nest’s Rush Hour Rewards Program allows you to participate in a program for residential customers offered by Midwest Energy & Communications ("Midwest") using your Nest thermostat. As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest thermostat of the existence of a Midwest Rush Hour Rewards event, causing the Nest thermostat automatically to change the temperature setpoint in your home on that day without any manual intervention by you. At any time that you desire, you may override this temperature setpoint simply by turning your Nest thermostat to a different temperature or using the Nest website or mobile application.

Your agreement to these terms ("Agreement") gives Nest permission to access and use your energy usage and billing information, to enable the Rush Hour Rewards Program and for Midwest to enroll you in Rush Hour Rewards, pursuant to the terms and conditions below. Any additional Nest thermostats installed at your Midwest service address will be automatically enrolled in the Rush Hour Rewards Program.

Nest will administer the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (nest.com/legal) and applicable laws and regulations.

Eligibility Requirements

The Rush Hour Rewards Program is available to Midwest residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a Midwest residential electric service account holder; (2) have an 802.11 wireless network at the Midwest service address; (3) have an active Nest account linked to your Nest thermostat; and (4) agree to the terms and conditions set forth in this Agreement.

In addition, (1) if the Rush Hour Rewards Program is offered by Midwest in the summer season, in order to participate in the Rush Hour Rewards Program during the summer season you must have an installed, operable Nest thermostat controlling an air conditioning unit, at your Midwest service address; and (2) if the Rush Hour Rewards Program is offered by Midwest in the winter season, in order to participate in the Rush Hour Rewards Program during the winter season you must have an installed, operable Nest thermostat controlling a heat pump at your Midwest service address.

Incentive(s)

Midwest account holders are eligible to earn incentive payments or other rewards ("Incentives") for enrolling and/or continued enrollment in Rush Hour Rewards. Incentives will be provided pursuant to the applicable Midwest offer and the automatic enrollment of additional Nest thermostats may not result in additional Incentives.

The Incentives are provided solely by Midwest. Nest bears no responsibility for the Incentives. You acknowledge that Nest is facilitating your ability to earn 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. Midwest reserves 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, Midwest account number, Nest thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with Midwest and its third party program implementers, contractors, and/or agents to verify that you are eligible to participate in the Rush Hour Rewards Program, to implement the Rush Hour Rewards Program, and to evaluate the comprehensive energy impact of the Nest thermostat and Rush Hour Rewards. In addition, Nest may share with Midwest your decision to opt out of Rush Hour Rewards or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in Rush Hour Rewards.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or Midwest may terminate this Agreement and not enroll you, or terminate your enrollment, in the Rush Hour Rewards Program 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 Rush Hour Rewards Program on a voluntary basis.

You agree to participate in the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (nest.com/legal) and applicable laws and regulations.

You release and hold harmless Nest and Midwest from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program.

This Agreement is effective upon your submitting this Agreement and will continue until you or Nest cancels your participation. You may cancel participation at any time during the program by calling Nest at (855) 469-6378.