TEP

Rebate Redemption Tool Agreement For TEP Customers

This Rebate Redemption Tool is provided by Nest Labs, Inc. (“Nest”) and allows you to participate in a rebate program for residential customers of Tucson Electric Power Company (“TEP”) called the Smart Thermostat Program and apply for a rebate for your Nest Thermostat (“Rebate”).

Your agreement to these terms (“Agreement”) gives Nest permission to access, use and share information with TEP, including information you submit to the Rebate Redemption Tool, to enable TEP to verify your eligibility for the Rebate under the Smart Thermostat Program, pursuant to the terms and conditions below.

Nest will provide the Rebate Redemption Tool and you agree to use it 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 Rebate is available to TEP residential and small to medium business customers who meet certain eligibility requirements. A small to medium business customer is defined as a Rate 10 customer with a load use of 99kW and below. In order to participate, you must: (1) be a TEP residential or small to medium business service account holder ; (2) have an active Nest account linked to your Nest Thermostat; (3) have Wi-Fi connection at your TEP service address sufficient to communicate that your Nest Thermostat has been successfully activated and paired to Nest’s services; and (4) agree to the terms and conditions set forth in this Agreement.

Rebates(s)

Rebates will be provided pursuant to the applicable TEP offer and Arizona Corporation Commission approval.

The Rebates are provided solely by TEP. Nest bears no responsibility for the Rebates. You acknowledge that Nest is facilitating your ability to claim Rebates, 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 Rebates. Nest makes no promise of any specific Rebate amount. TEP reserves the right to contact you as may be necessary to obtain additional information to verify your eligibility for the Rebates.

Agreement

By submitting this Agreement, you agree that:

Nest may share certain information (including, but not limited to, your name, email address, service address, TEP account number, Nest Thermostat serial number, activation date, Nest account status, other information submitted by you in the Rebate Redemption Tool, and related details) with TEP to verify that you are eligible for the Rebate under the Smart Thermostat Program, process such Rebate and allow TEP to inform you about TEP’s other energy reduction incentive programs.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or TEP may terminate this Agreement and not approve your application for a Rebate 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 Rebate Redemption Tool and applying for a Rebate on a voluntary basis. If you submit personal information to TEP but are not a TEP customer, TEP will not retain or use your information, but will promptly dispose of your information in accordance with applicable law. You release and hold harmless Nest and TEP from any liability, claim, demand, cause of action, damage or expense resulting from your use of the Rebate Redemption Tool or use or disposal of your information in accordance with this Agreement.

This Agreement is effective upon your submitting this Agreement.