- BY SUBMITTING YOUR ENROLLMENT, AND/OR BY YOUR PARTICIPATION IN THE ENTERGY ARKANSAS MAKE YOUR THERMOSTAT PAY PROGRAM PILOT (“THE PROGRAM”), YOU (“CUSTOMER”) AGREE TO THE TERMS OF THIS PARTICIPATION AGREEMENT WITH ITRON, INC., THE EXCLUSIVE ENTERGY ARKANSAS, INC. CONTRACTOR OF THE PROGRAM (“CONTRACTOR”). IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE CONTACT ITRON AT 866-224-7812 TO REQUEST THAT YOUR NAME BE REMOVED FROM THE PROGRAM BEFORE YOUR THERMOSTAT IS CONNECTED TO THE PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS AFTER YOUR THERMOSTAT HAS BEEN CONNECTED, PLEASE CONTACT ENTERGY ARKANSAS, INC. TO DISCONNECT YOUR THERMOSTAT FROM THE PROGRAM.
- Customer agrees to enroll in Entergy Arkansas, Inc.’s Make Your Thermostat Pay Program pilot through account links provided by the manufacturer of Customer’s owned and controlled program-eligible smart thermostat (“the Equipment”). To be eligible to participate in the Program, Customer must (1) be an Entergy Arkansas, Inc. residential electric service account holder; (2) have an eligible wireless network at the Entergy Arkansas, Inc. service address; (3) have an active account linked with Honeywell International Inc.; (4) have an installed qualifying Honeywell Lyric (Round, T5, T6), Connected Home (6000, 8000, 9000 series), or FocusPro, VisionPro, or UtilityPro Wi-Fi® Thermostat controlling an air conditioning unit at customer’s service address; and (5) agree to the conditions set forth in the respective Honeywell International Inc. service agreement.
- Customer understands that the Equipment will permit Entergy Arkansas, Inc. to cycle off the compressor on Customer’s central air conditioner unit or heat pump during times of high overall electricity demand, as detailed below:
|Entergy Arkansas Make Your Thermostat Pay Program Pilot
|Entergy Arkansas Make Your Thermostat Pay Program Pilot Participant Annual
*If an Entergy Arkansas Make Your Thermostat Pay Program pilot participant drops out of the Entergy Arkansas Make Your Thermostat Pay Program pilot before the end of the control season (i.e., before 09/30 of any Entergy Arkansas Make Your Thermostat Pay Program pilot year), the annual thank-you check will not be paid for that year.
- The incentives Customer will receive in consideration for participation are as detailed above. Entergy Arkansas, Inc. may, from time to time, modify the incentive structure. The Equipment shall remain the property of Customer. Customer agrees to notify Entergy Arkansas, Inc. if Customer disconnects or removes the Equipment. This Agreement is not assignable or otherwise transferable by Customer.
- Customer shall have the right at any time to terminate the service by notifying Entergy Arkansas, Inc. in writing or by telephone. If Customer decides to terminate, Customer will forfeit all credits toward that season’s BYOT Pilot Participant annual thank-you check.
- Entergy Arkansas, Inc. 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 Entergy Arkansas, Inc. 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 IS PROVIDED “AS IS.” CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT ENTERGY ARKANSAS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE EQUIPMENT OR THE PROGRAM. THE PROGRAM IS PROVIDED WITHOUT WARRANTY OF ANY KIND. THE EQUIPMENT IS THE RESPONSIBILITY OF CUSTOMER AND PARTICIPATES IN THE PROGRAM WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL WARRANTIES ARE DISCLAIMED BY ENTERGY ARKANSAS, INC. TO THE FULLEST EXTENT PERMITTED BY THE LAW.
- Customer agrees to hold harmless, defend, and indemnify Entergy Arkansas, Inc., and its parent company, subsidiaries, affiliates, officers, agents, and employees, from and against any third-party claim arising from or in any way related to Customer’s use of the Equipment or the Program, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Entergy Arkansas, Inc. will provide Customer with written notice of such claim, suit, or action.
- This Agreement constitutes the entire agreement between Customer and Entergy Arkansas, Inc. No undertaking, representation, or warranty made by any agent or representative of Entergy Arkansas, Inc. in connection with the sale, installation, maintenance, or removal of Entergy Arkansas, Inc.’ services or the Equipment shall be binding on Entergy Arkansas, Inc. except as expressly included herein.
- Customer understands that Entergy Arkansas, Inc. reserves the right to modify the terms of the Summer Advantage Program or the BYOT Pilot Program. Customer will receive notice of such Program modification. Customer’s continued participation in the Program following notice of such change shall be considered acceptance of such modification.
- Entergy may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. Customer’s rights may not be assigned or transferred without Entergy Arkansas, Inc.’s written consent.
- The above provisions regarding events beyond Entergy Arkansas, Inc.’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 Entergy Arkansas, Inc. as a result of this Agreement.