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SDG&E

Rush Hour Rewards Program Agreement for SDG&E Customers

Thank you for your interest in the Rush Hour Rewards Program, a service offered by Nest Labs, Inc. (“Nest”), in connection with San Diego Gas & Electric® (“SDG&E”).

Nest’s Rush Hour Rewards Program allows you to participate in SDG&E energy reduction events and earn incentives from SDG&E by 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 SDG&E energy reduction event, causing your 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 and enroll you in the Rush Hour Rewards Program and to provide SDG&E your name, address, contact information and service account number to allow SDG&E to inform you about SDG&E’s associated energy reduction incentive programs, pursuant to the terms and conditions below. Any additional Nest Thermostats installed at your SDG&E service address will be automatically enrolled in the Rush Hour Rewards Program.

Eligibility Requirements

The Rush Hour Rewards Program is available to SDG&E residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a SDG&E residential electric service account holder; (2) have an active 802.11 wireless network connection at that SDG&E service address; (3) have an active Nest account linked to your Nest Thermostat; (4) have an installed, operable Nest Thermostat controlling an air conditioning unit at your SDG&E service address; and (5) agree to the terms and conditions set forth in this Agreement.

Incentive(s)

Eligible SDG&E residential electric customers are eligible to earn $50 upon enrollment in Rush Hour Rewards, to be paid within two (2) months of enrollment, as well as $25 per year for every year you continue to be enrolled in Rush Hour Rewards (“Incentives”). The automatic enrollment of additional Nest Thermostats may not result in additional Incentives.

The Incentives are provided solely by SDG&E, through funding provided by California ratepayers and administered by SDG&E under the auspices of the California Public Utilities Commission. 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 and to SDG&E are not contingent on receipt or amount of the Incentives. Nest makes no promise of any specific Incentive amount. SDG&E reserves the right to seek further information from you or from Nest to verify your eligibility for the Incentives.

Agreement

By accepting this Agreement, you agree and acknowledge that:

SDG&E 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, and payment information will not be shared by SDG&E with Nest. SDG&E may be required to disclose such energy usage information to its regulators, such as the California Public Utilities Commission, or other governmental authorities, upon request. SDG&E will maintain the confidentiality of your energy use data and other personal information in accordance with its privacy and security policies and applicable law.

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

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or SDG&E 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. SDG&E also reserves the right to not pay Incentives to you if you unenroll from the Rush Hour Rewards Program prior to the end of the applicable Rush Hour Rewards season. You are using Nest’s Rush Hour Rewards Program and any concurrent SDG&E demand response program on a voluntary basis.

Nest shall administer and 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. SDG&E will administer its demand response incentive programs in accordance with such program’s terms of service, and in accordance with its Privacy Policy and Privacy Notice, located at http://www.sdge.com/privacy.

You release and hold harmless Nest and SDG&E jointly and severally from any liability, claim, demand, cause of action, damage, loss or expense resulting from your participation in the Rush Hour Rewards Program and any associated SDG&E demand response incentive program.

Program funds, including any funds used for rebates or incentives, will be allocated on a first-come, first serve basis until the program ends or funds are no longer available. Programs may be terminated by SDG&E or the California Public Utilities Commission without notice. Rush Hour Rewards is funded by California ratepayers and administered by SDG&E under the auspices of the California Public Utilities Commission.

This Agreement is effective upon your acceptance of this Agreement and will continue until you, Nest or SDG&E cancels your participation. You may cancel participation at any time during the program by calling Nest at (855) 469-6378. If you unenroll from the Program, or the Program is terminated for any reason, you understand and acknowledge that you will become ineligible to receive any further Incentives.

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