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National Grid

Rush Hour Rewards Program Agreement for National Grid Massachusetts 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 demand response program for residential customers offered by Massachusetts Electric Company and Nantucket Electric Company, each d/b/a National Grid (each “National Grid”; such demand response program, the “National Grid Program”) using your Nest Learning Thermostat. As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest Learning Thermostat of the existence of a National Grid Program event, causing the Nest Learning 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 Learning 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 Nest and National Grid to enroll you in the National Grid Program and the Rush Hour Rewards Program pursuant to the terms and conditions below. Any additional Nest Learning Thermostats installed at your National Grid service address will be automatically enrolled in the National Grid Program and 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 (https://nest.com/legal) and applicable laws and regulations.

Eligibility Requirements

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

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

Incentive(s)

National Grid account holders are eligible to earn a pre-paid e-gift Visa card worth forty dollars ($40) (“Incentives”) for enrolling in Rush Hour Rewards and the National Grid Program. Incentives will be provided pursuant to the applicable National Grid offer and the automatic enrollment of additional Nest Learning Thermostats may not result in additional Incentives.

The Incentives are provided solely by National Grid. 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. National Grid reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

National Grid may share information with Nest about your energy usage and associated account and billing data in order for Nest to evaluate and improve its products and services. Such information includes, but is not limited to, consumption and billing data, billing records, billing history, meter usage data, and rate information. Your credit card, checking account, or similar payment information will not be shared by National Grid with Nest.

Nest may share certain information (including, but not limited to, your name, email address, service address, National Grid account number, Nest Learning Thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with National Grid to verify that you are eligible to participate in the Rush Hour Rewards Program and to evaluate the comprehensive energy impact of the Nest Learning Thermostat. In addition, Nest may share with National Grid your decision to opt out of Rush Hour Rewards Program, or the National Grid Program, or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in both the Rush Hour Rewards Program and the National Grid Program.

National Grid may use any aggregated and anonymized data provided by Nest through the Rush Hour Program and National Grid Program in connection with National Grid’s demand response and energy efficiency programs.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or National Grid 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 (https://nest.com/legal) and applicable laws and regulations.

Except for National Grid’s obligation to pay the Incentives, you release and hold harmless Nest, National Grid and their respective directors, officers, employees, and agents from any and all liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program and the National Grid Program. Without limiting the generality of the foregoing, you agree that National Grid bears no responsibility and has no liability whatsoever in connection with the Rush Hour Reward Program, the National Grid Program and your Nest Learning Thermostats except to pay the Incentives if you meet the Eligibility Requirements set forth herein.

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.