Acknowledgement of Armada Power Device. You acknowledge that Landlord has installed or caused to be installed a load management device attached to the electric water heater in your rental unit (the "Armada Power Device").

Participation in the Program is voluntary. If you would like to participate, there are two steps:

By enrolling in the Program, you acknowledge that the electric consumption of your water heater may be remotely managed without notice according to the needs of the local electric grid to help avoid power outages and reduce greenhouse gas emissions.

If you violate the terms and conditions of the Program enrollment documents or these Terms and Conditions, Program Administrator may immediately terminate your participation in the Program, and may elect to disqualify you from eligibility for incentives and/or future participation in the Program.

You May Opt Out at Any Time. You may opt-out of participation in the Program in two ways:

If you opt-out of the Program, you will no longer be eligible to receive incentive payments under the Program

Incentive Payment. Information on the incentive payments you may qualify for by participating in the Program is available at http://www.pacificpower.net/OTR.

Data Collection. By enrolling in the Program, You represent that you are the owner or duly authorized agent of the owner of utility account and authorize Program Administrator, Pacific Power, and their respective agents, contractors, and service providers, to collect, duplicate, disseminate, release, disclose and share your personal information or data related to your enrollment and participation in the Program, which can include but is not necessarily limited to your name, email address, service address, utility account number, thermostat serial number, activation date, your enrollment information, statistics and data about your energy use, any opt out decisions or actions by you, or other information related to your participation in the Program. Any personal information or data collected by Program Administrator or Pacific Power during the course of the Program will be used only for administering or reporting on the Program and as described in Pacific Power’s Privacy Policy available at www.pacificpower.net/privacy.html. This information will be used by Program Administrator and Pacific Power for the administration, evaluation, and reporting on the Program. You agree that information about Your service account, energy usage, and devices connected to Your service account, as well as any information You provide while applying for the Program or that is related to the Program may be shared by the Program Administrator and Pacific Power with their respective agents, contracts, service providers, and utility regulators for the purpose of ensuring enrollment eligibility, compliance with Program requirements and analyzing program performance, fraud prevention, security, or as required to comply with state and/or federal law, regulation, and other legal action. In those cases, Pacific Power, its Program Administrator and its subcontractors shall comply with all applicable legal requirements before making such disclosure. You consent to receive emails and other notifications, including test messages, sent by the Program Administrator and Pacific Power related to your participation in the Program.

Tax Liability. You acknowledge that receipt of any Incentive pursuant to the Program may result in taxable income, and that your solely responsible for payment and reporting with respect to your taxes. You should consult your own tax advisor with respect to the tax treatment of Incentives provided pursuant to the Program. Neither Pacific Power nor its Program Administrator is responsible for any tax liability which may be imposed as a result of any Incentive payment. Nothing in these Terms and Conditions or the Agreement is intended to constitute tax advice and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code.

Fraud: Any person who knowingly completes an on-line enrollment containing any materially false information or who purposely or misleadingly conceals information subjects such person to criminal and civil penalties. Any and all funds determined to have been acquired on the basis of inaccurate or fraudulent information must be returned to Pacific Power. Any customer found to be engaged in fraudulent activity or misrepresentation of any kind will be removed from the Program. This section shall not limit other remedies that may be available for the filing of a false or fraudulent on-line enrollment , including, but not limited to, referral to law enforcement authorities.