PROGRAM RULES AND CUSTOMER AGREEMENT
As of August 2015
- Open to all residential rate classes.
- Customer must be named on the Atlantic City Electric account.
- Customer must have a central air conditioner or heat pump.
- Customer must have control of the thermostat. If Customer is a tenant, landlord approval must be certiﬁed.
- Customer can select either a web-programmable thermostat or an outdoor switch to be used to cycle off and on the compressor during times of high overall electricity demand.
- Atlantic City Electric will provide and install the device(s) at no charge to Customer.
- Atlantic City Electric will install, and provide Customer bill credits for, one device for each air conditioning unit or heat pump on the premises.
- Installation Credit of $50 is provided when the energy-saving device is installed.
- Customer will permit Atlantic City Electric to cycle off and on the compressor of the Customer’s central air conditioner unit or heat pump during times of high overall electricity demand.
- Participating Customers may experience a 1–3 degree temperature increase during a cooling season conservation period. Variables such as insulation, shaded windows, the use of ceiling fans, and the amount of foot trafﬁc, all can also affect the temperature.
- Customer shall have the right at any time to terminate the service by notifying Atlantic City Electric in writing or by telephone.
- If Customer ceases to participate in the program, Atlantic City Electric will disable the device in the operational and billing systems effective immediately, and the device will no longer be cycled during conservation events. The device will remain in place unless Customer requests Atlantic City Electric remove it.
- Conservation periods will occur during the cooling season, generally June through September on Peak Savings Days, between noon and 8 p.m., and usually last 3-6 hours.
- During a Peak Savings Day conservation period, Atlantic City Electric will post information on atlanticcityelectric.com, and Customer will see an indicator light on the Energy Wise Rewards device.
- There is no limit to the number of Peak Savings Days Atlantic City Electric can call each year, but Customer can expect ﬁve or fewer a year.
- Customer may opt out of up to two Peak Savings Day conservation periods a year by calling 1-866-355-4229.
- PJM* could require a conservation period (Priority Peak Day) for reliability reasons any time of year, and Atlantic City Electric may cycle the air conditioner or heat pump to comply. The period will last until the situation is resolved. Atlantic City Electric cannot state how long a conservation period of this type may last. Customer may not opt out of a Priority Peak Day conservation period.
- BY SUBMITTING YOUR ENROLLMENT CARD, AND/OR BY PARTICIPATING IN THE PROGRAM, YOU (“CUSTOMER”) CERTIFY THAT YOU ARE A NAMED ATLANTIC CITY ELECTRIC ACCOUNT HOLDER, AND YOU AGREE TO THE TERMS OF THIS PARTICIPATION AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE CONTACT AN ATLANTIC CITY ELECTRIC REPRESENTATIVE TO REQUEST THAT YOUR NAME BE REMOVED FROM THE ENERGY WISE REWARDS PROGRAM (“THE PROGRAM”) BEFORE ATLANTIC CITY ELECTRIC INSTALLS A WEB-PROGRAMMABLE THERMOSTAT INSIDE YOUR HOME, OR AN OUTDOOR SWITCH NEAR YOUR CENTRAL AIR CONDITIONER UNIT (BOTH REFERRED TO HEREIN AS “the Equipment”). IF YOU DO NOT AGREE TO THESE TERMS AFTER THE EQUIPMENT HAS BEEN INSTALLED, PLEASE CONTACT ATLANTIC CITY ELECTRIC TO HAVE YOUR EQUIPMENT REMOVED. A PORTION OF THE INSTALLATION CREDIT
- Atlantic City Electric (or its Contractor) will install the Equipment. While it is not necessary for Customer to be home while Atlantic City Electric installs the outdoor switch, Customer may request an appointment so that Customer may be home during installation. If Customer is at home, Customer may advise the installer as to where the device is to be placed. Installer will accommodate Customer’s request so long as the desired location will provide the required functionality. Customer agrees that, if the web-programmable thermostat is to be installed, Customer will need to make an appointment and have a responsible adult at home during the installation inside Customer’s home. Atlantic City Electric (or its contractor) will be responsible for properly disposing of the old thermostat(s), if necessary. Customer agrees to provide Atlantic City Electric or its Contractor with access, at reasonable times, to Customer’s premises to install, inspect, maintain, and/or repair the Equipment.
- Unless Atlantic City Electric advises Customer otherwise, the Equipment shall remain the property of Atlantic City Electric and shall not become a ﬁxture. Customer agrees to notify Atlantic City Electric if Customer disconnects or removes the Equipment. This Agreement and the Equipment supplied by Atlantic City Electric are not assignable or otherwise transferable by Customer. Atlantic City Electric will not be liable to Customer or to any third party for any losses or damages, including loss of proﬁts, loss of earnings, loss of business opportunities, and personal injuries (including death), including, without limitation, any damage resulting from or arising out of Customer’s participation in the Program.
- Customer understands that Atlantic City Electric assumes no responsibility for and shall have no responsibility for the condition or repair of Customer’s central air conditioner or other equipment. Customer understands that Customer is responsible for the repair and maintenance of Customer’s equipment.
- THE PROGRAM AND EQUIPMENT ARE PROVIDED “AS IS.” CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT ATLANTIC CITY ELECTRIC MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE EQUIPMENT OR PROGRAM, WHICH ARE BOTH PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ATLANTIC CITY ELECTRIC DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
- Customer agrees to hold harmless, defend, and indemnify Atlantic City Electric and its subsidiaries, afﬁliates, ofﬁcers, agents, and employees, from and against any third-party claim arising from or in any way related to your improper use of the Equipment or Program, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney’s fees, of every kind and nature. In such a case, Atlantic City Electric will provide you with written notice of such claim, suit, or action.
- This Agreement constitutes the entire agreement between Customer and Atlantic City Electric. No undertaking, representation, or warranty made by any agent or representative of Atlantic City Electric in connection with the sale, installation, maintenance, or removal of services or Equipment shall be binding on Atlantic City Electric except as expressly included herein.
- Customer understands that Atlantic City Electric reserves the right to modify the terms of the Energy Wise Rewards program, and notify Customer of such Program modiﬁcation. Customer’s continued participation in the Program following notice of such change shall be considered acceptance.
- Atlantic City Electric may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. Customer may not assign or transfer your rights without Atlantic City Electric’s written consent.
- The above provisions regarding events beyond Atlantic City Electric’s control, warranties, disclaimers of warranty and liability, and termination will survive the termination of this Agreement. Failure to insist on strict performance of the terms will not operate as a waiver of any subsequent default or failure of performance. If any part of the above is determined to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed ineffective and the remainder of the Agreement shall continue in effect. No joint venture, partnership, employment, or agency relationship exists between Customer and Atlantic City Electric as a result of this Agreement.
*PJM is the organization that manages the generation and transmission of electricity for all residents of the Middle Atlantic Region and portions of the Midwest. PJM determines when operating conditions are approaching the limits of the system and what actions are to be taken to avoid blackouts or other system emergencies potentially affecting large areas. PJM schedules all power plant and load management operation through an auction mechanism to obtain lowest reasonable cost of electricity for supply to electric utility customers in the region. Individual customers may also contract with independent generating companies for a portion of their electric supply, such as for renewable energy, but delivery of their energy across the regional grid is coordinated through the PJM operation control center to maintain system stability for all areas within our region.