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The OATI South Campus Building
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The OATI South Campus Building

Smart Thermostats
Smart Solutions

Burbank Water and Power

COOL REWARDS PROGRAM TERMS AND CONDITIONS

Welcome to the Burbank Water and Power Cool Rewards Program! The Cool Rewards Program (“Program”) allows you to participate in a program offered by Burbank Water and Power (“Utility”) through which you may receive incentives for your continued enrollment. Burbank Water and Power has contracted with Open Access Technology International, Inc. (“OATI”), a company that offers demand response management systems, to provide services allowing Burbank Water and Power to schedule and manage limited duration control of Smart Thermostat devices enrolled into the Program. By submitting your enrollment information for consideration for acceptance to participate in the Program you (“Member” or “You/Your”) acknowledge and confirm that You:

  • Have read and understand these Burbank Water and Power Cool Rewards Program Terms and Conditions (“Terms and Conditions”) and Burbank Water and Power’s terms for participation in the Program,
  • Have read, understand and agreed to OATI’s Terms and Conditions, as they may be updated from time to time, which are incorporated by reference as made available here: https://www.oati.com/Solution/Smart-Energy/Smart-Thermostat/OATI,
  • Agree to allow Burbank Water and Power to remotely inform Your Smart Thermostat device of the existence of a demand response event designated by Burbank Water and Power (each, a “DR Event”), causing the device to automatically change the temperature setpoint in Your home without any manual intervention by You,
  • Consent to share Your personal information with Burbank Water and Power and OATI solely for the purposes identified below,
  • Remain responsible for maintenance, repair and replacement of the device system, at Your own expense,
  • Agree to comply with all applicable laws, rules, codes and regulations; and
  • Understand that the Program’s eligibility requirements and incentives may be modified or the Program may be terminated at any time and for any reason without notification.

General Information

The Program is a voluntary program made available by Burbank Water and Power to its residential electric members for the purpose of managing demand in the pursuit of lowering energy costs and increasing reliability. To determine if you qualify for the Program and apply for enrollment into the Program, visit https://burbankwaterandpower.com/cool-rewards.

Qualifying residential and small commercial electric members will have the opportunity to earn an incentive from Burbank Water and Power by allowing Burbank Water and Power to control the use of their central cooling unit (“Equipment”) through their qualifying smart thermostat between May 1st and October 31st when the demand for electricity is the highest (“Program Season”).

Incentive amount and description: Upon acceptance into the Program, BWP will provide a one-time $75 enrollment bill credit per connected thermostat. Qualifying residential electric customers will have the opportunity to earn an incentive from BWP by allowing BWP to control the use of their air conditioning unit (“Equipment”) through their qualifying smart thermostat between May 1st and October 31st when the demand for electricity is the highest (“Program Season”). For Your participation in the Program during the Program Season and full compliance with these Terms and Conditions BWP will provide you with the $50 participation bill credit per Program Season after the Program Season has ended. To be eligible for the $50 participation bill credit per connected thermostat for a particular program year, You must enroll by June 1st and remain enrolled for the entire program season. BWP reserves the right to remove your participation incentive or program enrollment for any reason and at any time. By enrolling in this Program, You agree to give permission to BWP to analyze Your customer electric meter data in relation to program outcomes. DR Events may take place from May 1 through October 31, between 12 p.m. and 9 p.m. BWP may initiate up to 20 DR Events per summer, with a maximum of three DR Events per calendar week (one per day).

Below are important terms that You must understand and agree to in order to participate in the Program:

  1. Eligibility: This is a voluntary program for Burbank Water and Power’s residential and small commercial electric customers. To be eligible for the Program, in addition to agreeing to these Terms and Conditions and any other requirements stated by Burbank Water and Power, You must: (1) have a residential or small commercial electric service account, in good standing, with Burbank Water and Power; (2) have an installed, operable, and compatible Smart Thermostat controlling Equipment, at Your service address; (3) own the property at Your service address or otherwise have secured permission to have installed and to operate the compatible Smart Thermostat controlling Equipment and (4) maintain Equipment as the primary cooling (or heating) control system(s) at Your service address.
  1. Device Connectivity and Access for Burbank Water and Power: To participate in the Program, You must allow Burbank Water and Power access to control Your Smart Thermostat and Equipment. You are responsible for acquiring and maintaining: (i) a working and reliable internet connection and Wi-Fi network (if Smart Thermostat requires Wi-Fi) and other related equipment in Your home that is positioned to communicate reliably; (ii) an internet service provider (“ISP”); (iii) other system elements that may be specified as required by Burbank Water and Power or the manufacturer of any required equipment (i.e. smart phone apps and active accounts with Your Smart Thermostat’s manufacturer). You are responsible for all fees charged by the ISP in connection with participation in the Program. You agree to use best efforts to maintain and repair Your Equipment to keep it/them in satisfactory operating condition. You must satisfy these requirements for as long as You are in the Program, using best efforts to maintain connectivity of Your Smart Thermostat, and ensure it is online and able to be called upon during a DR Event. Your participation in the Program may be terminated in the event that Burbank Water and Power is unable to communicate with or access Your Smart Thermostat and communication or access is not restored within thirty (30) days. If communication or access is restored at a future date, You may opt back in if the Program is accepting new participants.
  1. Program Modification or Termination: Burbank Water and Power may modify or terminate the Program for any reason including, but not limited to, change in regulations and/or not receiving approvals from electricity grid governing bodies; decision of Burbank Water and Power to modify or discontinue the Program; changes by the Smart Thermostat manufacturer(s) or discontinuance of support for the Program; and other such DR Events. If any of these happen, Burbank Water and Power will notify You. You may not receive further Program incentives after such termination of the Program.
  1. Control of Device: You acknowledge and agree that Burbank Water and Power may control Your Smart Thermostat device(s) in Your home to remotely trigger a DR Event that will cause Your Smart Thermostat to automatically change the temperature set point on that day, without any manual intervention by You. You will have the ability to opt out of DR Event control and override any Burbank Water and Power control simply by adjusting Your Smart Thermostat to a different temperature or, where supported by Your Smart Thermostat manufacturer, by using the mobile or web application You regularly use with Your Smart Thermostat. Program DR Events may take place during the Program Season, between 12:00pm and 09:00pm. Burbank Water and Power may initiate a maximum of three DR Events per calendar week (one per day). Each DR Event may last up to, but not longer than, four hours.
You authorize Burbank Water and Power to contact You by email and other means for items and issues related to the Program, including but not limited to, providing advanced notice when DR Events are scheduled to occur. You acknowledge and agree that Burbank Water and Power retains all rights to energy and demand savings resulting from the measures installed under this Program for the duration of the Program.
  1. Data Access: By submitting Your enrollment information for consideration to participate in the Program You authorize Burbank Water and Power and OATI and their respective agents, contractors, and service providers, to collect and share Your personal information or data related to Your enrollment and participation in the Program, which can include but is not necessarily limited to Your name, email address, service address, utility account number, thermostat serial number, activation date, Your enrollment information, statistics and data about Your energy use, any opt out decisions or actions by You, or other information related to Your participation in the Program. Any personal information or data collected by Burbank Water and Power and/or OATI during the course of the Program will be used only for administering or reporting on the Program pursuant to these Terms and Conditions. This information will be used by Burbank Water and Power for the administration, evaluation, and reporting on the Program in accordance with Burbank Water and Power’s Privacy Statement available at https://www.burbankwaterandpower.com/privacy. You agree that information about Your service account, energy usage, and devices connected to Your service account, as well as any information You provide while applying for the Program or that is related to the Program may be shared by Burbank Water and Power for the purpose of ensuring enrollment eligibility, compliance with Program requirements and analyzing program performance data. You consent to receive emails and other notifications sent by the Utility related to Your participation in the Program.

Burbank Water and Power may summarize or provide information about the results of the Program in publicly available studies or reports. In such case, data will be anonymized in a way that You cannot be individually identified. By signing up to participate in the Program, You consent to this information being accessed and provided to or by Burbank Water and Power and/or OATI and/or their respective agents, contractors, and service providers.

  1. Enrollment & Term: Agreement with these Terms and Conditions shall be effective commencing on Your submission of enrollment information and continue in effect in perpetuity unless or until terminated by either party. Either party may terminate these Terms and Conditions for any reason by providing the other party written or verbal notice to the other party. Participation in the Program is voluntary and You may withdraw from the Program at any time. Withdrawal may render You ineligible to receive program incentives or future Program participation. You may provide written notice to Burbank Water and Power’s Sustainability, Marketing, and Strategy division at the following address: bwpconservation@burbankca.gov or Attn: Sustainability, Marketing, and Strategy 164 W Magnolia Blvd, Burbank, CA 91502.

If You violate these Terms and Conditions, Burbank Water and Power may immediately terminate Your participation in the Program, and may elect to disqualify You from eligibility for incentives and/or future participation in the Program.  Burbank Water and Power reserves the right to unilaterally remove You from the Program based upon level of participation (such as being offline for prolonged periods or for lack of participation) or for any other reason without liability or penalty.  A notice will be sent to you after they have been removed from the Program.

  1. Liability: You assume all risk of participation in the program. In no event shall Burbank Water and Power nor any of its program implementation contractors or subcontractors be liable for any direct, indirect, special, punitive, incidental, or consequential damages to any persons or property resulting from or arising out of any use, repair, delay in repairing, replacement of, modification to, unavailability of, or status of the device system. Burbank Water and Power nor any of its program implementation contractors or subcontractors shall be responsible for any costs related to the repair, maintenance or replacement of Your device system.
  1. Indemnification; Hold Harmless: You agree to indemnify, release and hold harmless the City of Burbank, including its Burbank Water and Power and its officers, employees, program implementation contractors and subcontractors (“Burbank Indemnitees”) for any liability, claim, demand, cause of action, injury, expense, or damage to any persons or property arising from their access and use of Your smart thermostat device or system, or caused by any breach of these terms and conditions by You, Your negligence or that of Your household members, agents, servants, employees, tenants, licensees, invitees, tenant’s invitees, or independent contractors. To the maximum extent permitted by law, you agree to hold Burbank Indemnitees harmless for any injury or damage caused or claimed to be caused by participation in the program for: (1) death or personal injury arising as a result of out of the Program; or (2) losses or claims arising or in connection with the Program. Burbank Water and Power has no liability to any participant for any loss, damage, costs or expense incurred as a result of or in connection with Your participation in the program.
  1. General Provisions: These Terms and Conditions are governed and construed and enforced in accordance with the laws of the State of California without regard to its choice of law provisions. These Terms and Conditions supersede any prior agreements and contain the entire agreement of the parties and all representations with respect to the subject matter hereto. Any prior correspondence, memoranda or agreements are replaced in total by these Terms and Conditions. The waiver of any of the rights or remedies arising pursuant to these Terms and Conditions on any occasion by any party shall not constitute a waiver of any rights or remedies in respect to any subsequent breach or default of the terms of these Terms and Conditions. As a condition of participating in this Program, You agree that all disputes that cannot be resolved amicably will be resolved individually, and will not be subject to class action or other similar process. You waive all rights or claims for incidental, punitive, consequential, or other special damages, including attorneys’ fees.

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