Legal Items

South Fork Peak Savers

Rush Hour Rewards Program Agreement for South Fork Peak Savers Participants

Thank you for your interest in the South Fork Peak Savers Rush Hour Rewards Program, a service offered through Nest Labs, Inc. (“Nest”).

The Rush Hour Rewards Program allows you to participate in a program for residential and commercial customers offered by Applied Energy Group (“AEG”) called “South Fork Peak Savers” 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 South Fork Peak Savers event, causing the Nest thermostat to automatically 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 AEG to enroll you in South Fork Peak Savers, pursuant to the terms and conditions below. Any additional Nest thermostats installed at your PSEG-Long Island 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 (http://www.nest.com/legal) and applicable laws and regulations.

Eligibility Requirements

The Rush Hour Rewards Program is available to PSEG-Long Island residential and commercial electric customers who meet certain eligibility requirements. In order to participate, you must: (1) have an installed, operable Nest thermostat controlling an air conditioning unit, at your PSEG-Long Island service address; (2) be a PSEG-Long Island residential or commercial electric service account holder; (3) have an 802.11 wireless network at your PSEG-Long Island service address; (4) have an active Nest account linked to your Nest thermostat; (5) have your PSEG-Long Island service address located in the Town of East Hampton or the Town of Southampton; and (6) agree to the terms and conditions set forth in this Agreement.

Incentive(s)

PSEG-Long Island account holders are eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in South Fork Peak Savers. Incentives will be provided pursuant to the applicable AEG offer and the automatic enrollment of additional Nest thermostats may not result in additional Incentives.

The Incentives are provided solely by AEG. 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.

AEG 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, PSEG-Long Island account number, Nest thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with AEG, PSEG-Long Island, and/or its or their third party service providers or contractors to verify that you are eligible to participate in the Rush Hour Rewards Program, to implement the Rush Hour Rewards Program (including the provision of Incentives), and to evaluate the comprehensive energy impact of the Nest thermostat, the Rush Hour Rewards Program, and other Nest products and/or services. You hereby give AEG permission to utilize the information shared with them by Nest in furtherance of and to communicate with you about the Rush Hour Rewards Program. In addition, Nest may share with AEG your request to unenroll from the Rush Hour Rewards Program or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in South Fork Peak Savers.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or AEG may terminate this Agreement and not enroll you, or terminate your enrollment, in South Fork Peak Savers and 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 (http://www.nest.com/legal) and applicable laws and regulations.

You release and hold harmless Nest and AEG 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 or AEG cancels your participation. You may cancel participation at any time during the program by calling Nest at (855) 469-6378 or the South Fork Peak Savers customer care center at (833) 346-2161.