CPS Energy is responsible for operating a load shifting program with the goal of recruiting participants to charge their Electric Vehicle when demand on the Energy Reliability Council of Texas (“ERCOT”) power grid is low.  Under the FlexEV Off-Peak Rewards Program (the “Program”), customers are compensated on a Monthly basis in accordance with these Terms and Conditions.  The Program is available for qualified residential customers in the CPS Energy service territory (“Participant(s)”).

By agreeing to these Program Terms & Conditions, Participant:

1. Acknowledges that Participant has read, understands, and agrees to these Program Terms & Conditions; and
2. Gives CPS Energy permission to utilize your billing contact information for purposes of enrollment verification and rebate processing.

The Program is managed and operated by CPS Energy, having an office address at: 500 McCullough Avenue, San Antonio, Texas 78215.

To be eligible to participate in the Program, Participant must (for the duration of the Program):

1. Be a CPS Energy customer with an active electric residential utility account;
2. Own an Electric Vehicle

If Participant enrolls after the 15^th of the month, they will not be eligible for the monthly incentive during that month. If Participant moves to a different residence, Participant needs to re-apply for the Program if the new residence meets these eligibility requirements.

1. Participants will earn $10 each month they do not charge more than two times during on-peak hours of 4:00 p.m. and 10:00 p.m. Monday through Friday. Excluding CPS Energy Holidays.
2. Participant may elect not to charge during Off Peak hours at any time.

1. CPS Energy will issue a rebate to Participant in the form of a bill credit after successful participation in a Program Month (the “Incentive”).
2. The Incentive is provided solely by CPS Energy. CPS Energy will provide $10 per month to Participant. Participants can expect to receive a bill credit between 6-10 weeks from the completion of a Program Month.
3. The Incentive is contingent upon the accurate measurement and verification of demand savings resulting from charging during Off Peak hours.
4. CPS Energy reserves the right to determine, at its sole discretion, the methodology and metrics used for assessing demand reductions. The Incentive will be issued only for validated demand savings, and any discrepancies in measurement may affect the Incentive. Participants understand and agree that CPS Energy may withhold an Incentive based on the results of the measurement and verification process.

1. CPS Energy reserves the right to unilaterally remove any Participant from the Program for any other reason without liability or penalty. Upon removal, CPS Energy shall notify Participant.
2. Participants who enroll in the Program will remain in the Program year over year until they provide written notice to CPS Energy. Participant may opt-out of the Program at any time by contacting [email protected]. Participant acknowledges it may take one to two business days for the un-enrollment to take effect.

THE CPS ENERGY FLEXEV OFF-PEAK REWARDS PROGRAM IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  PARTICIPANT ASSUMES ALL RISKS OF PARTICIPATION.   CPS ENERGY MAKES NO REPRESENTATION OR WARRANTY, AND ASSUMES NO LIABILITY WITH RESPECT TO QUALITY, SAFETY, PERFORMANCE, OR OTHER ASPECT OF ANY DESIGN, SYSTEM PRODUCT OR APPLIANCE INSTALLED PURSUANT TO THE PROGRAM, OR ENERGY SAVINGS, AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATION, WARRANTY OR LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT AGREES TO INDEMNIFY CPS ENERGY, AGAINST ALL LOSS, DAMAGE, EXPENSE, FEES, COSTS AND LIABILITY ARISING OR RELATED TO ANY ACT, BREACH, DEFAULT OR OMISSION UNDER THESE PROGRAM TERMS & CONDITIONS. CPS ENERGY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN THE PROGRAM OR ARISING FROM OR IN CONNECTION WITH ANY BREACH OF THESE TERMS & CONDITIONS.

1. These Program Terms & Conditions may be modified, terminated or assigned by CPS Energy at any time with or without notice to Participant. Incentives available under the Program may be modified, substituted, replaced, ceased, or terminated at any time at CPS Energy’s sole discretion. Participant’s continued enrollment in the Program constitutes Participant’s acceptance of any and all such changes.
2. In the event that the incentive amount changes during the course of the Program, the application postmark date will be used to determine equipment eligibility and incentive amount.
3. These Program Terms and Conditions are pursuant to and subject to the Customer Terms and Conditions Applying to Retail Utility Service. Should there be any conflict in terms, the Customer Terms and Conditions Applying to Retail Utility Service shall apply.