Program Description HVAC Distributor Rebate Program Participant Agreement The HVAC Distributor Rebate Program (hereafter referred to as the Program ) is a Southern California Edison ( SCE ) energy efficiency program funded by California ratepayers and administered by SCE under the auspices of the California Public Utilities Commission. The Program provides incentives in the form of cash rebates to distributors for selling qualifying high efficiency HVAC equipment to nonresidential SCE electric customers. To participate in the Program, distributors submit the following information, agree to the terms and conditions attached and return a signed copy of this SCE 2006 HVAC Distributor Rebate Program Participant Agreement. Distributor Information Company Name: Number of Locations Street Address City State Zip Mailing Address (if different from above) City State Zip Federal Tax ID Number Tax Status (Corporate or Non-Corporate) Manufacture(s) Represented Internet Web Site Primary Management Contact Name Phone Number Fax Number Email Address Secondary Management Contact Name Phone Number Fax Number Email Address Rebate Data Entry Contact Phone Number Fax Number Email Address Terms, Definitions, and Conditions of Participation Qualifying Distributors For the purposes of this Program, a Qualifying Distributor is defined as an entity that purchases Qualifying Equipment directly from the manufacturer. An entity that purchases Qualifying Equipment from a distributor does not qualify for the Program. Rebates are limited to one rebate per Qualifying Equipment Unit.
Manufacturers Subject to certain restrictions, manufacturers may act as their own distributor and sell their Qualifying Equipment directly to an end use customer who receives electricity service from SCE. In such cases, that manufacturer will qualify for participation in the Program, provided that the end use customer does not receive the rebate. A manufacturer may use an independent agent to assist in the distribution of the manufacturer s Qualifying Equipment, provided, however, that such independent agent will not be eligible for rebates unless they are selling equipment directly to the end use customer. An entity that receives Qualifying Equipment from the manufacturer s agents distribution facility will be still be considered a distributor and eligible to participate in the Program. All such uses of independent agents are subject to the Program Implementer s and/or SCE s approval. Manufacturers utilizing independent agents should consult with the Program Implementer to verify eligibility. Qualifying Customers A Qualifying Customer is a nonresidential customer that is located in SCE s service territory and receives electricity service from SCE. It is the Qualifying Distributor s responsibility to obtain sufficient customer information to identify a customer s facility as a Qualifying Customer. Insufficient information may result in a rejection of the applied for rebate for the Qualifying Equipment. Qualifying Equipment Qualifying Equipment is new high efficiency equipment that is sold to a Qualifying Customer and installed at a Qualifying Customer facility that receives electric service from SCE. Qualifying Equipment must also meet or exceed the Program s specifications to be considered Qualifying Equipment. The table of Program specifications which indicates the Program s Minimum Qualifying Efficiencies and Distributor Rebates is provided on the Program web-site, www.cainstantrebates.com. Only Qualifying Equipment sold on or after the program start date (and installed prior to the termination date) in SCE s service territory will be eligible for rebates. Program Duration The Program start date is July 1, 2006. Qualifying Equipment sold on or after the start date will be eligible for Program rebates in SCE s service territory only if it is installed in SCE s service territory prior to the Program s end date which is December 31, 2006. All rebate Applications must be submitted online on or before December 31, 2006. The Program has a limited budget. Applications will be accepted on a first-come, first-served basis until the program end date is reached or until allocated funds are spent. First-come, first-served status will be determined by the date the rebate application is submitted online. Online Application Submission Applications for the Program must be submitted online. The URL for the online rebate Application is www.cainstantrebates.com. All online Applications must be entered and submitted on or before December 31, 2006. If you do not have access to the internet to submit your Application online, please contact the Program Implementer listed below to make other arrangements for Application submission. By using the online rebate system, you acknowledge and accept the Terms and Conditions of the Program listed on the website. Program participants may only enter an Application after receiving a Distributor Identification Number and password, and are encouraged to change their password before the first Application entry. All users are responsible for maintaining the privacy of the password and for Applications submitted using that password.
Facsimiles (Faxes) Facsimiles of documents and any associated signatures shall be accepted as originals (except this Participant Agreement). All supporting documentation shall be faxed to the Program fax number (510) 217-2333. To be eligible for the Program, all supporting documentation and any paper applications must be submitted on or before December 31, 2006. Documents that are scanned and emailed will be considered and treated the same as facsimiles. Verification Each unit of Qualifying Equipment submitted for a Program rebate shall be subject to verification of installation. Verification will be performed according to SCE s specifications and requirements by either SCE or the Program Implementer on all Qualifying Equipment that Distributor has submitted an Application for a Program rebate, or a select portion of the Qualifying Equipment. Qualifying Equipment verification will be accepted as a Pass if the exact model number is verified as new and installed at the Qualifying Customers facility. Adjustments SCE shall have the right of set-off for when Qualifying Equipment fails verification, and shall be entitled to deduct any amount of rebate paid on the failed verification from the Qualifying Distributor s next application. If, however, the Qualifying Distributor does not submit Applications that the right of set-off can be applied to, then the Qualifying Distributor shall refund SCE the applicable rebate amount identified from the failed verification within 30 days of receiving a failure and refund notice from SCE. Rebates for applications submitted near the end date of the Program may be held by SCE until verification is completed. Suspension At their sole discretion, the Program Implementer or SCE reserves the right to suspend a Qualifying Distributor from the Program. A distributor may apply for reinstatement to the Program after 30 days but is not entitled to any such reinstatement. During a suspension period, the Program Implementer and/ SCE reserves the right to disqualify all Qualifying Equipment sales from receiving a Program rebate from the date of suspension to the date of reinstatement, if any. If reinstatement is not provided by SCE or the Program Implementer, then all such Qualifying Equipment sales that would otherwise be eligible for Program rebates shall not be eligible for any Program rebate. Program Contacts If you have question about the Program, please call the Program Implementer. Program Implementer: Energy Solutions ( ES ) Daniel Cornejo (323) 461-7754 Statement of Confidentiality SCE and the Program Implementer implementing the Program on behalf of SCE understand the sensitive nature of the data supplied by the participating dealers and distributors. Any participant data provided to a representative of the Program from a participating distributor, vendor or manufacturer will be used only for the purpose of tracking and analyzing trends in sales of Qualifying Equipment over the course of the Program in order to evaluate the effectiveness of the Program. The cumulative sales information of all the participating distributors will be used to generate an overall report for the Program, which will act as the basis for determination of the Program s success. This report will be made available to the public. However, this report will not contain any information identifying distributor specific sales information, and there will be no way to determine one distributor s contribution to the cumulative sales figures.
This notice is provided to eliminate any barriers that may discourage a HVAC distributor from participating in the Program and providing the data necessary to trend the Program s effectiveness. However, the Program is at all times subject to the CPUC oversight and review and therefore, SCE nor the Program Implementer can guarantee the confidentiality of any information provided due to the Program s funding source and the nature of CPUC proceedings, investigations, disclosures or other forms of dissemination through a public agency s forum. Participant Agreement Clause Distributor certifies the information submitted in this Application or otherwise for this Program is true and correct and that all of the equipment claimed in any application will be new and sold to a SCE electric distribution customer intending to install it within the SCE service territory. Distributor agrees to verification by SCE or the Program Implementer of both the sales transaction and Qualifying Equipment installation, and to provide information about its stocking practices, sales practices, and customers to the Program for confidential use in measurement and evaluation activities. Distributor understands this Application and all supporting documentation must be received by Program Implementer online or faxed no later than December 31, 2006. Distributor understands this Program has a limited budget and applications will be accepted on a first-come, first-served basis until allocated funds are spent. Distributor has read and understood the Program requirements as set forth in this Participant Agreement and agrees to abide by those requirements. Distributor understands payment of rebates is contingent upon providing all necessary documentation to the Program. Distributor understands SCE or the Program Implementer will conduct selected field verification to ensure that Qualifying Equipment was sold and installed in the manner required by the Program, and that SCE or the Program Implementer reserve the right to set-off, adjust past payments, deny future payments or participation in the Program based on the results of these field verifications or in their sole discretion. Tax Liability SCE may be required to report rebates received by Distributor as income to Distributor on IRS Form 1099, unless a tax exempt tax status was indicated above. Participants are urged to consult with a tax adviser concerning the taxability of rebates. SCE and the Program Implementer are not responsible for any taxes that may be imposed on your business as a result of receipt of rebates from this Program. Distributor Signature Title Print Name Date CPUC-Required Disclosure Statement California customers are not obligated to purchase any full service or other services not funded by this program. This program is funded by California utility ratepayers and administered by Southern California Edison under the auspices of the California Public Utilities Commission (CPUC). Los Consumidores de California no están obligados a comprar servicios completos o adicionales que no esten cubiertos bajo este programa. Este programa está financiado por los usuarios de servicios públicos en California y administrado por la compania de Southern California Edison bajo la jurisdicción de la Comisión de Servicios Públicos de California (CPUC).
Mailing Instructions: Please make a copy of this Participant Agreement for your records, and then mail the original signed document to: Energy Solutions Attention: Claudine Jones 1738 Excelsior Ave. Oakland, CA 94602