coolNYC: 2013 Enrollment Agreement

Enrollment Agreement:

1. I understand that I am enrolling in coolNYC, a program that will provide me with a device that will allow me to better control my window or through-the-wall air-conditioner energy use. I have one or more window or wall air conditioners in my apartment and a computer with access to the Internet through a broadband (FIOS, cable, or DSL) connection.

2. By agreeing to participate in coolNYC, I will receive a smartAC kit. After I install the devices in this kit, I will be able to control and monitor my air-conditioners using the Internet and my computer or smart phone (iPhone or Android). The smartAC kit includes one or more modlets® (smart plugs) to be installed on my air-conditioner(s), a smartAC thermostat(s) and a wireless receiver that will plug into my home computer or a gateway device that will connect to my Internet service (collectively called the "smartAC System").

3. I will install the smartAC System myself or obtain assistance, at no cost, from ThinkEco, a company under contract to Con Edison to provide customer service during the program.

4. I understand that one purpose of this program is to help Con Edison understand how coolNYC program participants manage their air-conditioner electricity use, particularly during certain times ("Events") during the summer period (typically, June through September) on certain days selected by Con Edison. Con Edison expects to have three to five Events during the 2013 summer for about five hours per Event. I understand I will be notified by an email message prior to an Event and will also have access to a website to receive notice of such Events.

5. I understand that during an Event, Con Edison will remotely increase the thermostat settings on my window air-conditioners so they turn on and off at a slightly higher temperature. The goal is to reduce my overall energy use, while keeping my home cool. I will be notified a day ahead of any Event and can opt-out (not participate) in any Event. I can opt-out either before or during the Event.

6. I understand that it is my responsibility to manage my electricity consumption for my air-conditioners and all of the other energy-using devices in my house, including any charges I may incur for such use.

7. I understand that Con Edison will collect Information about my air conditioner's operation through the smartAC System. "Information" includes, among other things, energy use, the times when Events occurred, and whether or not I participated in the Event.

8. If I participate in the program, set up the smartAC System, and abide by all of the coolNYC program rules, I will be able to keep the smartAC System. In addition, I will receive a $25 gift card from a national retailer (which may be issued in an electronic or physical format) for my participation in the program during the 2013 summer.

In consideration for use of the smartAC System, I agree to the following terms and conditions:

1. I will exercise the same reasonable care over the smartAC System and equipment that I exercise over equipment that I own, and will return it if requested to do so by Con Edison or ThinkEco. I will not purposefully damage or alter any of the smartAC System equipment entrusted to me.

2. I will install modlets or allow modlets® to be installed on at least one (1) window or wall air-conditioner that I regularly use to cool my home.

3. If I choose not to set up the smartAC System myself, I will provide a ThinkEco technician with access to my home at a pre-scheduled time to set it up for me.

4. I will keep my air-conditioner plugged into the modlet® and allow the smartAC System to be connected to the Internet through the wireless receiver attached to my computer or gateway device. I will maintain an account with the company that presently provides this Internet connection or with another provider of Internet connection throughout my participation in this program. If I change Internet providers, I will notify ThinkEco customer service at 1-800-682-0152.

5. I will answer all questions and surveys that either Con Edison or ThinkEco presents to me, to the best of my ability, during my participation in the coolNYC program.

6. I agree to allow Con Edison, ThinkEco or a third party under contract to Con Edison to have access to, collect and analyze Information collected by the smartAC System installed in my home. I understand that my individual Information will not be made publicly available by Con Edison, ThinkEco or a third party under contract to Con Edison, but it will be grouped and analyzed along with Information from other program participants, and the aggregated results may be made public. However, I understand that Con Edison, ThinkEco or a third party under contract to Con Edison may disclose my individual Information if compelled by law to do so. Unless Con Edison, ThinkEco or a third party under contract to Con Edison is prohibited by law from doing so, they will provide me with immediate written notice of any requirement that they disclose my individual Information, before they disclose the Information, so that I may seek a protective order or other appropriate remedy.

7. If the smartAC System is not working, I may be contacted by ThinkEco (by phone, email, or other means) to have my equipment repaired or replaced. If I have a problem with any part of the smartAC System, I will promptly notify ThinkEco at 1-800-682-0152 within a reasonable time. I will provide the ThinkEco technician reasonable access to my home to repair or replace all or the part of the smartAC System that is not working.

8. If I have any questions about the coolNYC Program or the operation of any of the equipment, I will call ThinkEco customer service at 1-800-682-0152 or send an email to: [email protected]

9. If at any time I decide to not participate in coolNYC anymore, or if I plan to move from the address where the smartAC System is installed during the May to October 2013 term of the program, I will contact ThinkEco customer service at 1-800-682-0152 to arrange to return, in good condition, all of the smartAC System equipment to ThinkEco.

By clicking "I Agree" below, you confirm that you have read the terms and conditions in this Enrollment Agreement, that you understand them, and that you agree to be bound by them.