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Focus on Energy Program Terms and Conditions

General Tribal Nations IRA Home Energy Rebate Programs

Focus on Energy, Wisconsin utilities’ statewide energy efficiency and renewable resource program (“FOCUS ON ENERGY^®”), makes available certain incentives, grants, rewards and other assistance programs (each a “Program” and collectively “Programs”) for different classes and types of applicants (“Applicants”) throughout Wisconsin.

These General Terms and Conditions (the “Terms & Conditions”) shall apply to:

All Program applications hosted on focusonenergy.com
All applications for project pre-approval;
All “Program Payments” (as defined below) submitted by an Applicant to Focus on Energy (“Applications”); and
All Focus on Energy “Applicants” seeking to become eligible to participate in the Focus on Energy Program.

By submitting an Application to Focus on Energy, Applicant expressly agrees to be bound by the terms of these Terms and Conditions. Aptim Government Solutions, LLC (“Program Administrator”) is the contractor hired by the Statewide Energy Efficiency and Renewable Administration, Inc. ("SEERA") to administer Focus on Energy. Except where explicitly stated otherwise, “Focus on Energy” shall refer to the Program Administrator in its capacity as the responsible party for administering the Programs, and shall also include any of Program Administrator’s implementers or sub-contractors assisting with the administration of the Programs. The Program Administrator, Focus on Energy and the Applicant may be individually referred to herein as a "Party" and collectively as the "Parties".

Section 1. Incentive Offer: Monetary incentives or rewards from Focus on Energy (“Program Payments”) shall be available to eligible Applicants according to the terms on the applicable Program and related Application as well as these Terms and Conditions. Products must be purchased and installed within the date range outlined on the Application. Applications must be postmarked within the number of calendar days reflected on the Application. The Applicant understands that Focus on Energy must pre-approve all custom incentive Applications in writing. Applicants should maintain a copy of their Application for their records. Incomplete Applications will be returned and will not be processed. Applications must have complete information and be submitted with proof of purchase, such as receipts or invoices that clearly itemize the product(s) and/or services(s) received. Purchase orders, proposals and quotes are not considered proof of purchase.

Section 2. Compliance: The Applicant’s procurement, installation and implementation of energy efficiency and/or renewable energy measures shall be accomplished in accordance with the requirements outlined in the agreement between Applicant and Focus on Energy outlining the terms of the applicable incentive (an “Incentive Agreement”). The Applicant shall deliver to Focus on Energy a “Completion Notice” by the “Project Completion Deadline” noted in the applicable Incentive Agreement. If this is not completed, the process will be terminated and the Applicant will be required to re-apply. The Applicant must provide invoices for equipment purchased or service performed, as well as documentation that verifies that the renewable and/or energy efficiency measures, (i) have been properly installed, (ii) are functioning properly, and (iii) have the potential to generate energy savings if properly maintained and operated. All projects shall comply with federal, state and local regulations. All equipment must be new; used or rebuilt equipment is eligible only when pre-approved by Focus on Energy in writing. Displaced equipment must be removed and not reused. Equipment purchased under a capital lease structure may qualify for an incentive, but must be pre-approved by Focus on Energy in writing prior to project initiation or the execution of any equipment lease. Applicant’s compliance with the terms and conditions of this Section 2 shall be at Focus on Energy’s sole discretion.

Section 3. Marketing: The Applicant shall not use Focus on Energy’s name, logo, identity, any affiliation, or any related logo, for any marketing, advertising or solicitation without prior written consent of Focus on Energy. Such written consent may be withheld in Focus on Energy’s sole discretion. Focus on Energy consent shall in all circumstances be subject to Applicant collaborating with Focus on Energy to prepare any press release(s) and to plan for any news conference. Applicant agrees to provide Focus on Energy, for its written approval prior to publication, a written copy of any advertisements or promotional material regarding the project prior to publishing any such advertisements or promotional material. Focus on Energy reserves the right to publicize the Applicant’s participation in the Program unless a written request is submitted to marketing@focusonenergy.com no later than fifteen (15) days after receiving payment from Focus on Energy. Such right to publicize by Focus on Energy is part of Applicant’s consideration for participation in the Focus on Energy Program. For purposes of the foregoing, to the extent applicable, Applicant grants Focus on Energy a nonexclusive, fully-paid up, irrevocable license to Applicant’s name and logo solely for the purpose of publicizing Applicant’s participation in the Program.

Section 4. Program Discretion: Program Payments are available on a first-come, first-served basis. Program Payments are subject to change or termination without notice at the sole discretion of Focus on Energy. Some Focus on Energy participating electric and/or natural gas utilities have incentive programs independent of Focus on Energy. These customers should check with their electric and/or natural gas utilities to verify eligibility rules for any utility programs. Focus on Energy excludes internal labor (i.e. non-contracted labor) for private companies or individuals when calculating total project costs.

Applicants who are served by a participating electric utility but not a participating natural gas utility will only qualify for incentives for electric technologies. Applicants who are served by a participating natural gas utility but not a participating electric utility will only qualify for incentives for natural gas technologies. Applicants who have both a qualifying electric utility and a qualifying natural gas utility will qualify for incentives on both electric and natural gas technologies. Applicants who use “Liquid Propane” (LP) or other non-qualifying fuels will not qualify for incentives for any gas technologies.

Focus on Energy reserves the right to change or discontinue any Program at any time without notice.
Focus on Energy also reserves the right, in Focus on Energy’s sole discretion, to withhold or terminate Program Payments if:

An identified problems with a project is not resolved, due to an Applicant’s failure to follow any and all applicable terms and conditions, rules, or procedures; or
Focus on Energy determines that Applicant’s receipt of Program Payments will not result in the implementation of any Measures (as defined in Section 9 below) by Applicant, or if the Measures will not result in the reduction of energy usage or generation of renewable energy; or
The Applicant becomes “Insolvent” (which shall mean Applicant (i) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar law, including but not limited to the United States Bankruptcy Code or the laws of any state, or has any such petition filed or commenced against it; (ii) makes an assignment or any general arrangement for the benefit of creditors; (iii) otherwise becomes the subject of a bankruptcy proceeding or insolvent (however evidenced); (iv) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets; or (v) is generally unable to pay its debts as they fall due).

The acceptance of an Application, and qualification of systems, is determined solely by Focus on Energy. Receipt of a completed Application does not guarantee payment of a Program Payment.

Section 5. Disclaimers, Representations, and Warranties: Focus on Energy, the Program Administrator, the Public Service Commission of Wisconsin and SEERA (collectively for this section “Focus on Energy”) do not endorse any particular trade ally, manufacturer, product, system, or design by offering an incentive. Focus on Energy is not responsible for any tax liability imposed on the recipient as a result of the payment of incentives. FOCUS ON ENERGY MAKES NO REPRESENTATION OR WARRANTY, AND ASSUMES NO LIABILITY WITH RESPECT TO THE QUALITY, SAFETY, PERFORMANCE, OR OTHER ASPECT OF ANY DESIGN, CONSULTING, PRODUCT, SYSTEM, EQUIPMENT, OR APPLIANCE INSTALLED OR RECEIVED AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS, WARRANTIES, AND LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Focus on Energy does not guarantee that installation and operation of incentivized measures will result in reduced energy usage or in cost savings. Focus on Energy is not responsible for the proper disposal/recycling of any waste generated as a result of this project. FOCUS ON ENERGY IS NOT LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE OPERATION OR MALFUNCTION OF THE PRODUCTS, EQUIPMENT, OR APPLIANCES, OR THE INSTALLATION THEREOF.

Section 6. Monitoring, Verification, Record Keeping, and Right to Inspect: Focus on Energy evaluates Program efficacy by monitoring energy use/production prior to and after installation of energy efficiency or renewable energy projects. Focus on Energy, and its designated representatives, shall have the right to:

(a) monitor energy use/production prior to and after installation of a project;
(b) perform an inspection of project records or the project itself to evaluate Program efficacy for a period of two (2) years from the date of Program Payment; and
(c) withhold or terminate payment for failure to allow for a post-installation inspection.

The Applicant’s signature on an Application constitutes the Applicant’s consent for its electric and/or natural gas utility to disclose the Applicant’s energy usage data directly to Focus on Energy. The Applicant and its subcontractors shall maintain accurate records of the project work (e.g., installation records, invoices, and maintenance information) that is performed hereunder for a period of two (2) years from the date of a Program Payment.

Section 7. Indemnification: Applicant shall protect, indemnify, defend and hold harmless Focus on Energy, Program Administrator, SEERA, the State of Wisconsin and participating utilities, their respective affiliates, subsidiaries, parent companies, officers, directors, agents, and employees, against any and all losses, damages, expenses, fees, costs and liability arising from or in any way connected with any program, design, consulting, product, system, equipment, or appliance. This indemnification obligation shall include, but not be limited to: (a) Applicant’s breach of any obligations under these Terms and Conditions; (b) personal injury, death or tangible property damage; or (c) Applicant’s violation of any applicable law, regulation, rule, court order or breach of any obligation to a third party. The Applicant agrees that its indemnification obligations under this Section 7 shall survive any expiration or termination of the Application and shall not be limited by any enumeration herein of required insurance coverage. To the maximum extent permitted by law, the Applicant agrees to limit Program Administrator’s liability to the Applicant for any reason to the total amount of the payments identified in this Agreement. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.

Section 8. Misrepresentation: Making false statements on any Focus on Energy incentive application is punishable by law. Any person who knowingly files an application containing any materially false information or who purposely and misleadingly conceals information commits a fraudulent act that subjects such person to criminal and civil penalties. Applicant hereby agrees and acknowledges that any Program Payments determined, in Focus on Energy’s sole discretion, to have been acquired by Applicant on the basis of fraudulent or misrepresented information will be fully and immediately returned to Focus on Energy. Should the Applicant or any of its representatives apply for and receive duplicate Program Payments, Focus on Energy reserves the right to recover any payment that exceeds the amount that Focus on Energy committed to pay Applicant in writing. This section shall not limit other remedies that may be available to Focus on Energy arising from Applicant filing a false or fraudulent Application.

Section 9. Miscellaneous:
Governing Law. All Applications, Incentive Agreements and these Terms and Conditions shall be governed, construed and enforced in accordance with the internal laws of the State of Wisconsin, without regard to any conflicts of laws principles that may direct the application of the laws of another jurisdiction. The Applicant irrevocably submits to the original jurisdiction of the state and federal courts sitting in Madison, Wisconsin with regard to any controversy in any way relating to the execution, delivery or performance of an Application or Incentive Agreement. Suits, claims or actions founded upon such controversies shall be brought or filed exclusively in such courts and nowhere else. The exclusive venue for any dispute or controversy arising under an Application or Incentive Agreement shall be the Dane County, Wisconsin Circuit Court or the Federal District Court for the Western District of Wisconsin.

Compliance with Applicable Laws. The Applicant shall at all times comply with and observe all federal and Wisconsin state laws and published circulars, local laws, ordinances, rules and regulations which are in effect from the time at which Applicant submits an Application or enters into an Incentive Agreement to Applicant’s receipt of a Program Payment, and which in any manner affect the performance of an Application or Incentive Agreement. All references to statutes or regulations contained in any Application, Incentive Agreement or these Terms and Conditions shall be construed to include successors thereto.

Assignment. Focus on Energy may assign, transfer or convey any Application or any of Focus on Energy’s rights, obligations, interests or responsibilities thereunder, in whole or in part, without the consent of the Applicant. Neither an Application nor any rights or obligations hereunder or thereunder may be sold, assigned, transferred or otherwise disposed by Applicant, whether pursuant to a change of control, by operation or law or otherwise, without Focus on Energy’s prior written consent.

Severability. If any provision of any Application, Incentive Agreement or these Terms and Conditions is construed by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future laws, that provision shall be fully severable and the Application, Incentive Agreement and these Terms and Conditions shall be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part thereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, the Application, Incentive Agreement and these Terms and Conditions shall be reformed to include as a part of the Application, Incentive Agreement and these Terms and Conditions a provision as similar in terms to the illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.

Risk of Loss. The Focus on Energy Parties at no time assumes risk of loss for any personal property of the Applicant.

Waiver. Failure or delay on the part of either party to exercise any right, power, privilege or remedy hereunder shall not constitute a waiver thereof. A waiver of any default shall not operate as a waiver of any other default or of the same type of default on a future occasion.

Uniform Application Terms & Conditions
for Tribal Community Partners

Focus on Energy, Wisconsin utilities’ statewide energy efficiency and renewable resource program (“FOCUS ON ENERGY®” or “the Program”), makes available incentives, rebates, grants, instant discounts, and other assistance programs (each a “Program” and collectively “Programs”) for participating rate payers (“Applicants”) throughout Wisconsin.

APTIM Government Solutions, LLC (“Administrator”) is the contractor hired by the Statewide Energy Efficiency and Renewable Administration, Inc. ("SEERA") to administer Focus on Energy. Except where explicitly stated otherwise, “Focus on Energy” shall refer to the Administrator in its capacity as the responsible party for administering the Program and shall also include any of Administrator’s implementers or subcontractors assisting with the administration and implementation of the Programs. An Applicant refers to a person or entity who becomes a Focus on Energy Customer by completing an Application and who agrees to these Uniform Application Terms and Conditions (the “Terms & Conditions”). Focus on Energy and the Applicant may be individually referred to herein as a "Party" and collectively as the "Parties".

These Terms & Conditions shall apply to all Program applications hosted on https://www.focusonenergy.com. In some cases, there may be additional participation requirements for certain Programs or Applications.

Focus on Energy Applicants must be a customer of a participating Wisconsin Utility and submit a Focus on Energy Project Application. Applicants served by participating electric and natural gas utilities will be eligible for all applicable incentives. Applicants served by a participating electric utility but not a participating natural gas utility will only qualify for incentives for electric technologies. Applicants served by a participating natural gas utility but not a participating electric utility will only qualify for incentives for natural gas technologies. Applicants who use Liquid Propane (LP) or other non-qualifying fuels will not qualify for incentives or rebates funded by Focus on Energy for technologies exclusively saving gas.

Applicant expressly agrees to be bound by the following Program requirements:

Section 1. Incentive Offer Requirements: Monetary incentives, rebates, or instant discounts from Focus on Energy constitute “Program Payments” hereunder. Program Payments shall be available to eligible Applicants according to the terms and participation requirements for the applicable Program and related Application. The acceptance and approval of an Application is determined solely by Focus on Energy. Receipt of a completed Application does not guarantee a Program Payment.

In order for the Applicant to receive a Program Payment, the below requirements must be met:

Products must be purchased and installed within the date range outlined in the Application or Incentive Agreement. An Incentive Agreement is the agreement between the Applicant and Focus on Energy outlining the terms of the applicable incentive.
Applications must be postmarked within the number of calendar days reflected on the Application.
Applicants should maintain a copy of their Application for their records.
Incomplete Applications may be returned for correction, and will not be processed until deemed complete by Focus on Energy.
Applicant must provide Focus on Energy with invoices for equipment purchased or service performed, as well as documentation verifying that the renewable and/or energy efficiency measures, (1) have been properly installed, (2) are functioning properly, and (3) have the potential to generate energy savings if properly maintained and operated.
All projects shall comply with federal, state and local regulations.
All equipment must be new; used or rebuilt equipment is eligible only when requested by Applicant and approved in writing by Focus on Energy in advance of purchase. Displaced equipment must be removed and not reused.
Equipment purchased under a capital lease structure may qualify for a Program Payment but must be approved by Focus on Energy in writing prior to project initiation or the execution of any equipment lease.
Applicant agrees to refund Focus on Energy some or all of the Program Payment received if Focus on Energy determines, at Administrator’s sole discretion, the Applicant has misrepresented any Application information or if Applicant uninstalls the equipment.
Focus on Energy has the sole discretion to determine if Applicant’s compliance with these requirements has been met.

Section 2. Marketing: During the term of the Program, Focus on Energy hereby grants Applicant a revocable, non-exclusive license and right to use Focus on Energy’s name and logo (“FOCUS ON ENERGY®”)for marketing or advertising purposes in connection with the Program and/or this Agreement. Applicant will not adopt any trademark, service mark, trade name, brand, logo or other identifier that is the same or similar to any Focus on Energy’s name or logo without Focus on Energy’s prior written consent. To the extent marketing or advertising materials created by Applicant contain Focus on Energy’s proprietary images and content, Focus on Energy shall own said content.

Focus on Energy reserves the right to publicize the Applicant’s participation in the Program, unless a written request to maintain confidentiality of Applicant’s participation is submitted to marketing@focusonenergy.com no later than fifteen (15) days after receiving Program Payment. Such right to publicize by Focus on Energy is part of Applicant’s consideration for participation in the Focus on Energy Program.

Section 3. Program Payments:

Program Payments are available on a first-come, first-served basis.
Focus on Energy shall be under no obligation to make any payments to a Customer if SEERA does not provide the funds to Focus on Energy for this purpose or if Focus on Energy is not under contract with SEERA for this purpose.
Applicant is only entitled to one payment per project measure. If the Applicant or its representative make duplicate application for payment of project measure, Focus on Energy reserves the right to recover any payments made in excess of the entitled project payment.
Focus on Energy excludes internal, non-contracted labor for private companies or individuals when calculating the total project cost.
Some Focus on Energy participating electric and/or natural gas utilities have incentive programs independent of Focus on Energy. Applicant should check with their electric and/or natural gas utilities to verify eligibility rules for any utility-sponsored programs.

Section 4. Right to Discontinue Program, Terminate or Withhold Payment:

Focus on Energy reserves the right to change or discontinue any Program at any time without notice.
Focus on Energy also reserves the right at its sole discretion, to withhold or terminate Program Payments if:

An identified problem with a project is not resolved due to an Applicant’s failure to follow any and all applicable Terms and Conditions, requirements, or procedures; or
Focus on Energy determines Applicant’s receipt of Program Payment will not result in the implementation of any energy efficiency or renewable energy projects) by Applicant, or if the project(s) will not result in the reduction of energy usage or generation of renewable energy; or
The Applicant becomes “Insolvent” (which shall mean Applicant (a) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar law, including but not limited to the United States Bankruptcy Code or the laws of any state, or has any such petition filed or commenced against it; (b) makes an assignment or any general arrangement for the benefit of creditors; (c) otherwise becomes the subject of a bankruptcy proceeding or insolvent (however evidenced); (d) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets; or (e) is generally unable to pay its debts as they fall due).

Section 5. Disclaimers, Representations, and Warranties: Focus on Energy, the Administrator, the Public Service Commission of Wisconsin, and SEERA (collectively for this section referred to as “Focus on Energy”) do not endorse any particular trade ally, manufacturer, product, system, or design by offering an incentive. Focus on Energy is not responsible for any tax liability imposed on the recipient as a result of Program Payment. FOCUS ON ENERGY MAKES NO REPRESENTATION OR WARRANTY, AND ASSUMES NO LIABILITY WITH RESPECT TO THE QUALITY, SAFETY, PERFORMANCE, OR OTHER ASPECT OF ANY DESIGN, CONSULTING, PRODUCT, SYSTEM, EQUIPMENT, OR APPLIANCE INSTALLED OR RECEIVED AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS, WARRANTIES, AND LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Focus on Energy does not guarantee installation and operation of incentivized measures will result in reduced energy usage or in cost savings. Focus on Energy is not responsible for the proper disposal/recycling of any waste generated as a result of this project. FOCUS ON ENERGY IS NOT LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE OPERATION OR MALFUNCTION OF THE PRODUCTS, EQUIPMENT, OR APPLIANCES, OR THE INSTALLATION THEREOF.

monitor energy use/production prior to and after installation of a project;
perform an inspection of project records or the project itself to evaluate Program efficacy for a period of two (2) years from the date of Program Payment; and
withhold or terminate payment for failure to allow for a post-installation inspection.

Section 7. Indemnification: Applicant shall protect, indemnify, defend, and hold harmless Focus on Energy, Program Administrator, SEERA, the State of Wisconsin and participating utilities, their respective affiliates, subsidiaries, parent companies, officers, directors, agents, and employees (“Indemnified Parties”), against any and all losses, damages, expenses, fees, costs, including reasonable attorneys’ fees, and liability (“Losses”) arising from or in any way connected with any program, design, consulting, product, system, equipment, or appliance, unless such Losses arise out of the gross negligence or intentional misconduct of an Indemnified Party. This indemnification obligation shall include, but not be limited to: (a) Applicant’s breach of any obligations under these Terms and Conditions; (b) personal injury, death, or tangible property damage in connection with the Program or this Agreement; or (c) Applicant’s negligence, willful misconduct, or violation of any applicable law, regulation, rule, court order or breach of any obligation to a third party in connection with the Program or this Agreement. The Applicant agrees that its indemnification obligations under this Section shall survive any expiration or termination of the Application and shall not be limited by any enumeration herein of required insurance coverage. To the maximum extent permitted by law, the Applicant agrees to limit Program Administrator’s liability to the Applicant for any reason to the total amount of the payments identified in this Agreement. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.

Section 8. Misrepresentation: Making false statements on any Focus on Energy Application is punishable by law. Any person who knowingly files an application containing any materially false information or who purposely and misleadingly conceals information commits a fraudulent act that subjects such person to criminal and civil penalties. Applicant hereby agrees and acknowledges that any Program Payments determined, in Focus on Energy’s sole discretion, to have been acquired by Applicant on the basis of fraudulent or misrepresented information will be fully and immediately returned to Focus on Energy. Should the Applicant or any of its representatives apply for and receive duplicate Program Payments, Focus on Energy reserves the right to recover any payment that exceeds the amount that Focus on Energy committed to pay Applicant in writing. This section shall not limit other remedies that may be available to Focus on Energy arising from Applicant filing a false or fraudulent Application.

Section 9. Miscellaneous:

Waiver of Sovereign Immunity. To the extent permitted by applicable law, if any Party or any of its revenues, assets, or properties has or hereafter may acquire any immunity (sovereign or otherwise) from any legal action, suit or proceeding, from jurisdiction of any court or from set-off or any legal process with respect to itself or any of its property, such party hereby irrevocably waives and agrees not to plead or claim such immunity in respect of any disputes, controversies, or claims arising out of,

relating to, or in connection with all Applications, Incentive Agreements, and these Terms and Conditions or the transactions contemplated thereby, including without limitation the construction, existence, validity, enforceability, enforcement, performance, breach or termination thereof. The Parties agree that the waivers set forth above shall have the fullest extent permitted under the Foreign Sovereign Immunities Act of 1976 of the United States of America, 28 U.S.C. §§ 1602-11, and are intended to be irrevocable and not subject to withdrawal.

Governing Law; Submission to Jurisdiction. All matters arising out of or relating to all Applications and Incentive Agreements and these Terms and Conditions shall be governed, construed, and enforced in accordance with the internal laws of the State of Wisconsin, and local Tribal codes and ordinances that are currently in effect. The Applicant irrevocably submits to the original jurisdiction of the state and federal courts sitting in Madison, Wisconsin with regard to any controversy in any way relating to the execution, delivery or performance of an Application, Incentive Agreement, or these Terms and Conditions. Suits, claims or actions founded upon such controversies shall be brought or filed exclusively in such courts and nowhere else. The exclusive venue for any dispute or controversy arising under an Application, Incentive Agreement, or these Terms and Conditions shall be the Dane County, Wisconsin Circuit Court, or the Federal District Court for the Western District of Wisconsin.

Compliance with Applicable Laws. The Applicant shall at all times comply with and observe all federal and Wisconsin state laws and published circulars, local laws, ordinances, rules and regulations which are in effect from the time at which Applicant submits an Application or enters into an Incentive Agreement to Applicant’s receipt of a Program Payment, and which in any manner affect the performance of an Application or Incentive Agreement. All references to statutes or regulations contained in any Application, Incentive Agreement or these Terms and Conditions shall be construed to include successors thereto.

Assignment. Focus on Energy may assign, transfer, or convey any Application or any of Focus on Energy’s rights, obligations, interests, or responsibilities thereunder, in whole or in part, without the consent of the Applicant. Neither an Application nor any rights or obligations hereunder or thereunder may be sold, assigned, transferred or otherwise disposed by Applicant, whether pursuant to a change of control, by operation or law or otherwise, without Focus on Energy’s prior written consent. Any purported assignment by Applicant of this section is null and void.

Severability. If any provision of any Application, Incentive Agreement or these Terms and Conditions is construed by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future laws, that provision shall be fully severable and the Application, Incentive Agreement and these Terms and Conditions shall be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part thereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, the Application, Incentive Agreement and these Terms and Conditions shall be reformed to include as a part of the Application, Incentive Agreement and these Terms and Conditions a provision as similar in terms to the illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.

Risk of Loss. The Focus on Energy Parties at no time assumes risk of loss for any personal property of the Applicant.

Waiver. No waiver by Focus on Energy of any of the provisions of any Application, Incentive Agreement, or these Terms and Conditions shall be effective unless explicitly set forth in writing and signed by an authorized representative of Focus on Energy. Failure or delay on the part of either party to exercise any right, power, privilege or remedy hereunder shall not constitute a waiver thereof. A waiver of any default shall not operate as a waiver of any other default or of the same type of default on a future occasion.

Authority. Each Party represents that the individuals entering into any Application and Incentive Agreement on its behalf has full right, power and authority to enter into and perform such Application and Incentive Agreement.

The Inflation Reduction Act Home Energy Rebate (“IRA”) Programs (herein after referred to as the “Program(s)”) are offered through FOCUS ON ENERGY® (“Focus”)¹. These Programs will deliver rebates to residential property owners in the State of Wisconsin. The Programs consist of the Home Efficiency Rebates Program (‘HOMES”) and the Home Electrification and Appliance Rebates Program (“HEAR”).

APTIM is the contractor selected by the Public Service Commission of Wisconsin to administer these Programs. Except where explicitly stated otherwise in these Terms and Conditions, “Focus on Energy” or “Focus” shall refer to the Program Administrator in its capacity as the responsible party for administering the Programs and shall also include any of Administrator’s implementers or subcontractors assisting with the administration and implementation of the Programs.

The U.S. Department of Energy (“DOE”) is the federal agency funding the IRA Programs.

The Public Service Commission of Wisconsin is the independent state agency that regulates Wisconsin utilities and oversees Focus on Energy.

The Statewide Energy Efficiency and Renewables Administration (“SEERA”) is the legal entity (non-profit) formed by the Wisconsin energy utilities to fulfill their obligations under Wis. Stat. § 196.374(2)(a), with respect to Focus on Energy.

An Applicant refers to someone who submits an application (“Application”) to participate in the HER Programs and agrees to these Program Terms and Conditions. Focus on Energy and Applicant may be individually referred to herein as a "Party" and collectively as the "Parties".

These Terms and Conditions shall apply to IRA HER Program applications hosted on https://www.focusonenergy.com. In some cases, there may be additional participation requirements for certain Programs or Applications.

Applicants can be either:

(1) An individual² who owns a single family home, is a renter, or owns a multifamily building in Wisconsin. A multifamily building is considered a dwelling with two or more units; OR

(2) a Registered Contractor for the HER Programs.

¹ Funding for the Wisconsin IRA Home Energy Rebate (HER) programs is provided by the U.S. Department of Energy pursuant to the Inflation Reduction Act of 2022. While the Focus on Energy Program is the implementor for the IRA HER programs, the programs are funded and managed as separate programs and not included in the Focus portfolio.

² In general, a Registered Contractor will submit the Application on behalf of an individual or resident customer.

Applicant expressly agrees to be bound by the following Program requirements:

Section 1. Incentive Offer Requirements: Monetary incentives, rebates, or instant discounts from the Program constitute “Program Payments” hereunder. Program Payments shall be available to eligible Applicants according to the terms and participation requirements for the applicable Program and related Application. The acceptance and approval of an Application is determined solely by Focus on Energy. Receipt of a completed Application does not guarantee a Program Payment.

In order for the Applicant to receive a Program Payment, the below requirements must be met:

Products must be purchased and installed within the date range outlined in the Application.
Applications must be submitted within the number of business days reflected on the Application.
Incomplete Applications may be returned for correction, and will not be processed until deemed complete by Focus on Energy.
Applicant must provide Focus on Energy with invoices for equipment purchased or service performed, as well as documentation verifying that the energy efficiency measures, (1) have been properly installed, (2) are functioning properly, and (3) have the potential to generate energy savings if properly maintained and operated.
All projects shall comply with federal, state and local regulations.
All equipment must be new; used or rebuilt equipment is eligible only when requested by Applicant and approved in writing by Focus on Energy advance of purchase. Displaced equipment must be removed and not reused.
Applicant agrees to refund Focus on Energy some or all of the Program Payment received if Focus on Energy determines, at Administrator’s sole discretion, the Applicant has misrepresented any Application information or if Applicant uninstalls the equipment.
Focus on Energy has the sole discretion to determine if Applicant’s compliance with these requirements has been met.

Section 3. Program Payments:

Program Payments are available on a first-come, first-served basis.
Focus on Energy shall be under no obligation to make any payments to an Applicant if the DOE does not provide the funds to Focus on Energy for this purpose.
Payment Limitations per Project Measure.
- Applicant for HOMES project measures is entitled to only one payment per project. If Applicant or its representative makes duplicate application for payment of a HOMES project measure, Focus on Energy reserves the right to recover any payments made in excess of allowable amounts.
- Applicant for HEAR project measures may be eligible to receive payment for duplicated measures, up to the specified project measure limit. If Applicant or its representative makes duplicate application for payment of a HEAR project measure that reached its project measure maximum, then Focus on Energy reserves the right to recover any payments made in excess of allowable amounts.
Focus on Energy excludes internal, non-contracted labor for private companies or individuals when calculating the total project cost.
Some Focus on Energy participating electric and/or natural gas utilities have incentive programs independent of Focus on Energy.

Section 4. Right to Discontinue Program, Terminate or Withhold Payment:

Focus on Energy reserves the right to change or discontinue any Program at any time without notice.
Focus on Energy also reserves the right at its sole discretion, to withhold or terminate Program Payments if:

An identified problem with a project is not resolved due to an Applicant’s failure to follow any and all applicable Terms and Conditions, requirements, or procedures; or
Focus on Energy determines Applicant’s receipt of Program Payment will not result in the implementation of any energy efficiency by Applicant, or if the project(s) will not result in the reduction of energy usage; or

Section 5. Disclaimers, Representations, and Warranties: Focus on Energy, the Administrator, the Public Service Commission of Wisconsin, and SEERA (collectively for this section referred to as “Focus on Energy”) do not endorse any particular trade ally, manufacturer, product, system, or design by offering an incentive. Focus on Energy is not responsible for any tax liability imposed on the recipient as a result of Program Payment. FOCUS ON ENERGY MAKES NO REPRESENTATION OR WARRANTY, AND ASSUMES NO LIABILITY WITH RESPECT TO THE QUALITY, SAFETY, PERFORMANCE, OR OTHER ASPECT OF ANY DESIGN, CONSULTING, PRODUCT, SYSTEM, EQUIPMENT, OR APPLIANCE INSTALLED OR RECEIVED AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS, WARRANTIES, AND LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Focus on Energy does not guarantee installation and operation of incentivized measures will result in reduced energy usage or in cost savings. Focus on Energy is not responsible for the proper disposal/recycling of any waste generated as a result of this project. FOCUS ON ENERGY IS NOT LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE OPERATION OR MALFUNCTION OF THE PRODUCTS, EQUIPMENT, OR APPLIANCES, OR THE INSTALLATION THEREOF.

Section 6. Monitoring, Verification, Record Keeping, and Right to Inspect: Focus on Energy evaluates Program efficacy by monitoring energy use/production prior to and after installation of energy efficiency projects. Focus on Energy, and its designated representatives, shall have the right to:

Monitor energy use/production prior to and after installation of a project;
Perform an inspection of project records or the project itself to evaluate Program efficacy for a period of two (2) years from the date of Program Payment; and
Withhold or terminate payment for failure to allow for a post-installation inspection.

Applicant’s signature on an Application constitutes Applicant’s consent for its energy service provider to disclose Applicant’s energy usage data directly to the Public Service Commission or the entity contracted with the Public Service Commission to receive usage data. Applicant shall maintain accurate records of the project work (e.g., installation records, invoices, and maintenance information) that is performed hereunder for a period of six (6) years from the date of a Program Payment.

Section 7. Indemnification: Applicant shall protect, indemnify, defend, and hold harmless Focus on Energy, Program Administrator, SEERA, the State of Wisconsin and participating utilities, their respective affiliates, subsidiaries, parent companies, officers, directors, agents, and employees, against any and all losses, damages, expenses, fees, costs and liability arising from or in any way connected with any program, design, consulting, product, system, equipment, or appliance. This indemnification obligation shall include, but not be limited to: (a) Applicant’s breach of any obligations under these Terms and Conditions; (b) personal injury, death, or tangible property damage; or (c) Applicant’s negligence, willful misconduct, or violation of any applicable law, regulation, rule, court order or breach of any obligation to a third party. Applicant agrees its indemnification obligations under this Section shall survive any expiration or termination of the Application and shall not be limited by any enumeration herein of required insurance coverage. To the maximum extent permitted by law, Applicant agrees to limit Program Administrator’s liability to Applicant for any reason to the total amount of the payments identified in this Agreement. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.

Section 8. Misrepresentation: Making false statements on any IRA HER Application is punishable by law. Any person who knowingly files an Application containing any materially false information or who purposely and misleadingly conceals information or commits a fraudulent act that subjects such person to criminal and civil penalties. Applicant hereby agrees and acknowledges that, at Focus on Energy or the Public Service Commission’s sole discretion, if any Program Payments are determined to have been acquired by Applicant on the basis of fraudulent or misrepresented information the Program Payments will be fully and immediately returned to Focus on Energy or the Public Service Commission. Should Applicant or any of its representatives apply for and receive duplicate Program Payments, Focus on Energy or the Public Service Commission reserves the right to recover any payment that exceeds the amount that Focus on Energy committed to pay Applicant in writing. This section shall not limit other remedies that may be available to Focus on Energy or the Public Service Commission arising from Applicant filing a false or fraudulent Application.

Section 9. Miscellaneous:

Governing Law; Submission to Jurisdiction. All matters arising out of or relating to all Applications and Incentive Agreements and these Terms and Conditions shall be governed, construed, and enforced in accordance with the internal laws of the State of Wisconsin, without regard to any conflicts of laws principles that may direct the application of the laws of another jurisdiction. Applicant irrevocably submits to the original jurisdiction of the state and federal courts sitting in Madison, Wisconsin with regard to any controversy in any way relating to the execution, delivery or performance of an Application or these Terms and Conditions. Suits, claims or actions founded upon such controversies shall be brought or filed exclusively in such courts and nowhere else. The exclusive venue for any dispute or controversy arising under an Application or these Terms and Conditions shall be the Dane County, Wisconsin Circuit Court, or the Federal District Court for the Western District of Wisconsin.

Compliance with Applicable Laws. Applicant shall at all times comply with and observe all federal and Wisconsin state laws and published circulars, local laws, ordinances, rules and regulations which are in
effect from the time at which Applicant submits an Application, and which in any manner affect the performance of an Application. All references to statutes or regulations contained in any Application or these Terms and Conditions shall be construed to include successors thereto.

Assignment. Focus on Energy or the Public Service Commission may assign, transfer, or convey any Application or any of Focus on Energy or the Public Service Commission’s rights, obligations, interests, or responsibilities thereunder, in whole or in part, without the consent of Applicant. Neither an Application nor any rights or obligations hereunder or thereunder may be sold, assigned, transferred or otherwise disposed by Applicant, whether pursuant to a change of control, by operation or law or otherwise, without Focus on Energy or the Public Service Commission’s prior written consent. Any purported assignment by Applicant of this section is null and void.

Severability. If any provision of any Application or these Terms and Conditions is construed by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future laws, that provision shall be fully severable and the Application and these Terms and Conditions shall be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part thereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, the Application and these Terms and Conditions shall be reformed to include as a part of the Application and these Terms and Conditions a provision as similar in terms to the illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.

Risk of Loss. The Focus on Energy Parties, which includes the Administrator, the Public Service Commission, and their contractors and subcontractors, at no time assumes risk of loss for any personal property of Applicant.

Waiver. No waiver by Focus on Energy of any of the provisions of any Application or these Terms and Conditions shall be effective unless explicitly set forth in writing and signed by an authorized representative of Focus on Energy. Failure or delay on the part of either party to exercise any right, power, privilege or remedy hereunder shall not constitute a waiver thereof. A waiver of any default shall not operate as a waiver of any other default or of the same type of default on a future occasion.

Uniform Application Terms & Conditions for Tribal Community Partners

Uniform Application Terms & Conditions
for Tribal Community Partners