PROGRAM TERMS AND CONDITIONS
By enrolling in the Connected Savings Program (the "Program") that refers or links to these terms and conditions (the "Program Terms and Conditions"), you agree to Resideo LLC's ("Company") EULA and Privacy Policy, as well as the Sweepstakes Terms and Conditions. Please ensure you read these four sets of terms and conditions carefully and understand them before enrolling in the Program.
As part of your participation in the Program, you (the "Customer") further understand and agree to the following terms and conditions regarding Environmental Attributes:
- Company’s Exclusive Title to Environmental Attributes. Customer's use of the Connected Savings Program Service (the “Service”) does not include title to, or the benefits associated with, any environmental attributes associated with the capability of the Service to produce energy, capacity or demand response services, or the reduction of emissions of carbon dioxide or other greenhouse gasses from any anthropogenic source (the “Environmental Attributes” as further defined herein).
- Environmental Attributes (Definition). Environmental Attributes shall include any and all present or future renewable energy credits, credit privileges, emissions reductions, offsets, allowances, registrations, emission or air quality attributes, the avoidance of the emission of any gas, chemical, pollutant, or other substance into the air, soil, or water, or the reduction, displacement or offset of emissions resulting from fuel combustion at another location, or other benefits allocated, assigned, or otherwise awarded or certificated to Customer by any governmental authority, program administrator, registry, independent certification board or group, or any person in connection with the Service (including tax or other credits from international, national, state, or other governmental entities) which may or may not have monetary value.
- Rights to Environmental Attributes.
- Reporting Rights. Company shall have the exclusive right to report and register ownership of such Environmental Attributes in compliance with federal, state, or local laws and regulations, or any registry or certification body, system, agency, authority, or other party, and any present or future federal, state, or local law or regulation, or domestic or international emissions trading program, including for programs (e.g. Clean Peak Energy Standard) where Customer otherwise has the option to report and register themselves.
- Marketing Claims. Company shall have the exclusive right to make all claims as to all Environmental Attributes associated with the operation or maintenance of the Service. Company shall have the right to market and sell the Environmental Attributes without any duty of accounting or obligation to share proceeds with Customer.
- Customer Representations and Warranties.
- Customer represents and warrants that Customer has not, under any Environmental Attribute certifying body or otherwise, sold to any other person or entity, retired for its own benefit, or represented as part of any energy sale the Environmental Attributes associated with the Service under this Agreement.
- Customer represents and warrants that all rights, title, and interest in the Environmental Attributes are free and clear of all liens, taxes, claims, security interests, or other encumbrances of any kind whatsoever.
- Cooperation. Customer shall take all actions as are reasonably requested by Company to give effect to the Environmental Attributes terms set out herein and to ensure that Company is recorded as the owner of and entitled to any reporting rights or other benefits accruing from, any Environmental Attributes.
- Purchase Option. Environmental Attributes may only be purchased by Customer, if at all, pursuant to a separate transaction entered into by Company and Customer for the purchase and sale of such Environmental Attributes.
- Violation of Marketing Claims. If Company determines that Customer or any third party has made a statement, claim, or other communication that could reasonably be expected to adversely affect the right of Company or any other subsequent purchaser of the Environmental Attributes to claim the exclusive ownership of or reporting rights of the Environmental Attributes associated with the Service, Customer shall take such commercially reasonable actions as may be necessary or that Company may reasonably request in order to retract or otherwise correct such statement, claim, or other communication or to cause such statement, claim, or other communication to be retracted or otherwise corrected, as applicable.