Terms and Conditions

Purpose and Program Overview: The Energy Wise RewardsTM Program (the “Program”) of Atlantic City Electric Company (“Atlantic City Electric” or “We”) provides you, as an eligible customer, with the opportunity to save additional energy and money through your qualifying smart thermostat. The Program works automatically to adjust temperature set points no more than 3 degrees for no more than four hours during energy conservation periods. When you participate, we will provide you bill credits as described below.

Eligibility: The Program is open to all Atlantic City Electric residential and commercial rate classes. To participate in the Program, you must (1) be named on the Atlantic City Electric account, (2) have a central air conditioner and/or heat pump, (3) have a qualifying smart thermostat that can be controlled by the Atlantic City Electric demand response management system, (4) have that smart thermostat enrolled in the Program, and (5) maintain a Wi-Fi connection with the smart thermostat.

Devices: You may enroll an installed and in-use qualifying smart thermostat in the Program to be controlled by Atlantic City Electric during conservation periods. To be eligible for bill credits, each smart thermostat must be enrolled in the Program and independently controlling a central air conditioner or heat pump. If two smart thermostats control one system, only one will be eligible for bill credits.

Approval and Verification: As part of the Program, we reserve the right to remotely verify the internet connectivity and to adjust your smart thermostat’s temperature set point, as described above. We may contact you if your smart thermostat appears offline and not connected to the internet. If your smart thermostat’s internet connection cannot be verified or maintained, we reserve the right to cancel your application, enrollment, and participation in the Program. We will notify you of any associated issues and work with you to resolve them where possible.

Information Release: By participating in the Program, you agree that (1) Atlantic City Electric may include your services used and the resulting energy savings in reports or other documentation submitted to the New Jersey Board of Public Utilities (the “BPU”), and (2) if required by the BPU, Atlantic City Electric may also include your name in these reports or other documentation submitted to the BPU. In all other cases, Atlantic City Electric will treat information gathered in evaluations as confidential and report it only in aggregate, with your identifying details removed.

Enrollment Incentives: We will apply a one-time enrollment incentive of $50 for residential customers and $100 for commercial customers per approved smart thermostat as a bill credit to your bill within four to six weeks of successful enrollment in the Program. Enrollment incentives are applied once at the household level; therefore, if an enrollment incentive has ever been applied at the location prior to the customer enrolling, the incentive will not be applied again, even if you are a new participant. We may modify the incentive structure at any time and will notify you if we do.

Annual Incentives: We will apply an annual incentive of $50 for residential customers and $100 for commercial customers per approved smart thermostat as a bill credit to your bill. The total annual incentive is prorated across each month from June through October ($10 per month—residential, $20 per month—commercial). The initial bill credit will be applied within 30 days of enrollment approval, from June through October, and may be prorated based on your billing cycle. Participants in the program will continue to receive bill credits during these months as long as their smart thermostat(s) remain online and enrolled in the Program. We may modify the incentive structure at any time and will notify you if we do.

Termination of Participation by You: You have the right to terminate participation in the Program at any time by calling Customer Support at 800-642-3780 or contacting ACEEnergyWiseRewards@icf.com. If you cease to participate in the Program, we will unenroll the smart thermostat in the operational and billing systems. The smart thermostat will no longer participate in conservation periods, and you will no longer receive bill credits.

Conservation Periods: Conservation periods (or “events”) can occur throughout the calendar year during peak electricity load conditions, but most events typically occur between May and October. Events can occur between 7:00 a.m. and 10:00 p.m. but typically occur between 2:00 p.m. and 8:00 p.m. Events will not exceed a total of four hours in a day. Event information will be posted on atlanticcityelectric.com, and you will be notified through your smart thermostat device or mobile app prior to and during a scheduled event window. During an event, your thermostat’s temperature set point will be adjusted by no more than 3 degrees higher. Your system will turn off until your home reaches the new set point or the event ends (whichever occurs first). You may opt out of an event at any time by manually adjusting the set point on your device or mobile app. We reserve the right to cancel your participation in the program for any reason, to be determined at our sole discretion.

Emergency Events: PJM* could require a mandatory conservation period (or “emergency event”) for electricity grid reliability reasons any time of year. During an emergency event, Atlantic City Electric will adjust the temperature of all available smart thermostats enrolled in Energy Wise Rewards

Defined terms used herein and not otherwise defined will have the same meanings given to them in the Customer Participation Agreement.

BY PARTICIPATING IN THE PROGRAM, YOU CERTIFY THAT YOU ARE A NAMED ATLANTIC CITY ELECTRIC ACCOUNT HOLDER, AND YOU AGREE TO THESE TERMS AND CONDITIONS AND TO THE CUSTOMER PARTICIPATION AGREEMENT IN WHICH THESE TERMS AND CONDITIONS ARE INCLUDED (collectively, this “Agreement”). IF YOU DO NOT AGREE WITH THIS AGREEMENT, PLEASE CONTACT AN ATLANTIC CITY ELECTRIC REPRESENTATIVE TO REQUEST THAT PARTICIPATION IN THE PROGRAM BE TERMINATED.
Atlantic City Electric or its contractor will activate the smart thermostat in the Program to be controlled by the Atlantic City Electric demand response management system.
The Program is being administered by a third-party administrator (“the Program Administrator”), Virtual Peaker, located at 825 East Market Street, Louisville, KY 40406. By enrolling in the Program, you are also agreeing to the Program Administrator’s Privacy Policy, available at virtual-peaker.com/privacy-policy or such other location as specified by the Program Administrator on its website (the “Privacy Policy”). You agree that the Program Administrator has the right to make changes to the Privacy Policy from time to time without requiring notice to you or your consent, except as otherwise required by applicable laws or regulations. The Privacy Policy is between you and the Program Administrator, and it applies to all matters arising out of or in connection with the Program (including limitations and exclusions of liability as well as data usage rights, retention, and consents). In the event of a conflict or inconsistency between these Terms and Conditions and the Privacy Policy, the Privacy Policy will resolve such conflict or inconsistency
The smart thermostat will remain your property or the property of your place of business. You agree to notify Atlantic City Electric if you disconnect or remove the smart thermostat. You may not assign or otherwise transfer this Agreement. ATLANTIC CITY ELECTRIC WILL NOT BE LIABLE TO YOU 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 YOUR PARTICIPATION IN THE PROGRAM.
You understand that Atlantic City Electric assumes no responsibility for and shall have no liability for the condition or repair of your central air conditioner, thermostat, or other appliances. You understand that you are responsible for the repair and maintenance of your equipment, appliances, and systems.
THE PROGRAM IS PROVIDED “AS IS.” YOU UNDERSTAND AND ACKNOWLEDGE THAT ATLANTIC CITY ELECTRIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PROGRAM, WHICH IS 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.
You agree 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 smart thermostat or your participation in the 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 you and Atlantic City Electric concerning your participation in the Program. No undertaking, representation, or warranty made by any agent or representative of Atlantic City Electric in connection with the Program or smart thermostat will be binding on Atlantic City Electric except as expressly included herein.
You understand that Atlantic City Electric reserves the right to modify the terms of the Program and notify you of such Program modification. Your continued participation in the Program following notice of such change will be deemed 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.
The above provisions regarding warranties, disclaimers of warranty and liability, and termination will survive the termination of this Agreement. Failure by Atlantic City Electric to insist on strict performance of any provision of this Agreement will not operate as a waiver of any subsequent default or failure of performance. If any provision of this Agreement 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 this Agreement will continue in effect. No joint venture, partnership, employment, or agency relationship exists between you and Atlantic City Electric as a result of this Agreement.
Atlantic City Electric may use information about your energy usage, associated account, billing data, and smart thermostat data to evaluate and improve its products and services and make specific recommendations for decreasing your overall energy usage. Such information includes, but is not limited to, consumption and billing data, billing records, billing history, meter usage data, rate information, and heating/cooling run times.
The smart thermostat manufacturer may share certain information (including, but not limited to, your name, email address, service address, thermostat serial number, activation date, thermostat account status, run time data, set points, and related details) with Atlantic City Electric to verify that you are eligible to participate in the Program, to implement the Program, and to evaluate the comprehensive energy impact of the Program. In addition, the smart thermostat manufacturer may share with Atlantic City Electric the deletion of your smart thermostat account, which will automatically result in the termination of your enrollment in the Program.
Atlantic City Electric may use any aggregated and anonymized data provided by smart thermostat manufacturers through the Program in connection with Atlantic City Electric’s demand response and energy efficiency programs.
You certify that the information you have provided as part of the Program application process and this Agreement is truthful and that you meet the minimum eligibility requirements. Atlantic City Electric may terminate this Agreement and not enroll you, or terminate your enrollment in the Program if the information you submit as part of this Agreement is not truthful, if you do not satisfy eligibility requirements, or for any other reason at Atlantic City Electric’s sole discretion. You acknowledge that you are participating in the Program on a voluntary basis.

*PJM Interconnection LLC (“PJM”) is a regional transmission 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 the 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.