Participation Terms and Conditions: This Participation Agreement (“Agreement”) is between the contractor whose signature appears below (“Participating Contractor”) and the Sponsors of Mass Save (Berkshire Gas, Cape Light Compact, Eversource, Liberty Utilities, National Grid, Unitil) (“Sponsors”) and sets out the terms and conditions under which the Participating Contractor shall participate in the “Heat Pump Installer Network” (“HPIN”).
WHEREAS, the Sponsors are offering residential customers (“Customers”) access to financing and rebates for eligible heat pump systems (“Heat Pump Incentives”); and,
WHEREAS, in order for Customers to qualify for the residential heat pump space heating incentive offer available through the Sponsors’ programs, the Customers must use Participating Contractors in the HPIN; and,
WHEREAS, the Participating Contractor acknowledges heat pumps and electrification are a priority for the Commonwealth of Massachusetts; and,
WHEREAS, the Participating Contractor wishes to participate in the HPIN and remain in good standing; and
WHEREAS, the Sponsors have contracted with a third-party, Abode Energy Management LLC (“Program Vendor”), to help support the administration of the HPIN.
NOW therefore, in consideration of the terms of this Agreement, the Participating Contractor agrees to the following:
SECTION 1. HEAT PUMP INCENTIVE PROJECTS
Covered Energy Efficiency Projects: The Sponsors of Mass Save provide Heat Pump Incentives to customers who retrofit their homes or business with eligible new equipment. These heat pump projects may include, but shall not be limited to, projects involving the installation of Air Source Heat Pumps (including centrally-ducted, and ducted and ductless mini-split heat pumps), Air to Water Heat Pumps, Variable Refrigerant Flow (VRF), Water Source Heat Pumps, and Ground Source Heat Pumps.
SECTION 2. SERVICES AVAILABLE TO PARTICIPATING CONTRACTORS
Services available to HPIN Participating Contractors while in good standing include, but are not limited to:
- Exclusive access to residential rebates and financing
- Exclusive access to residential expedited direct-to-contractor rebate pathway
- Access to commercial rebate information and support
- Listing in the HPIN Directory on MassSave.com and access to leads from the Sponsors' marketing efforts
- Potential for additional bonuses and incentives
- Marketing materials and online sales tools, including access to use of the Mass Save HPIN Logo and cobranding opportunities for eligible HPIN participants, once available, separate co-branding agreement will be required
- Continuous training and best practice knowledge sharing via the
- Mass Save Heating & Cooling Learning Center
- Regular updates via program newsletters
- Support via the Program Vendor’s Heat Pump & HVAC Subject Matter Experts (SMEs)
SECTION 3. PARTICIPATION REQUIREMENTS
3.1 Participating Contractor Requirements
As a condition of participating in the HPIN and accessing the HPIN benefits, Participating Contractor hereby certifies it is capable of providing the work it will perform under the HPIN.
Participating Contractor further acknowledges:
- Heat pump installations may be subject to inspection prior to rebate payment.
- Participants will uphold professional decorum at all times.
- Status in the Mass Save Heat Pump Installer Network for participating residential Contractors is dependent upon successful completion of these first-year requirements:
- Air Source Heat Pump Installers must complete all assigned Cold Climate Heat Pump trainings via the Mass Save Heating & Cooling Learning Center and provide certification of Cold Climate Sizing and Design Training by a heat pump manufacturer.
- Ground Source Heat Pump installers must complete all assigned Cold Climate Heat Pump trainings via the Mass Save Heating & Cooling Learning Center.
- These education requirements for residential installers are accessed via an account on the Mass Save Heating & Cooling Learning Center. Commercial program training materials are included in the Mass Save Heating & Cooling Learning Center and are encouraged but not required for commercial installers.
- The Sponsors may use the information collected herein for purposes of communicating with HPIN Participating Contractors.
3.2 General Business Practices
Participating Contractor shall:
- Respond to customer inquiries in a timely manner (within 3 business days) and ensure prompt and accurate reporting of heat pump project installations;
- Treat all customers fairly and deliver promised services in a timely, responsible manner;
- Conduct itself in a professional manner when interacting with customers and any Mass Save personnel;
- Comply with HPIN terms and Mass Save directives;
- Properly and fully present HPIN features and benefits to the customer so that the customer can make an informed decision about the implementation of measures in its residence or business;
- Refrain from inaccurate characterizations of Mass Save, the Sponsors, the HPIN, or the Program Vendor;
- Comply with all the Sponsors marketing and communications guidelines. Participating Contractor shall not use any Mass Save logo in promotions or advertising without the prior express written consent of the Sponsors. Participating Contractor shall not communicate with the media about the HPIN;
- Provide, for any equipment installed, the manufacturer’s warranty plus optional extended warranty coverage, if applicable;
- If the Participating Contractor becomes involved in a dispute with a customer regarding work performed or business practices, the Participating Contractor shall work with the Sponsors and Program Vendor to resolve the dispute expeditiously and amicably;
- Perform all work in a safe manner, taking all precautions necessary to prevent illness or injury to any person or damage to any property and complying at all times with applicable laws and regulations (including OSHA)
3.3 Post-Installation Work Verification and Quality Assurance
Participating Contractor shall allow the Sponsors, or Program Vendor, or any other 3rd party vendor designated by the Sponsors to conduct random field inspections of work that has been performed. Participating Contractor, upon request of the Sponsors or Program Vendor, and at no additional cost to the customer, shall make reasonable repairs or corrections to work Participating Contractor has performed to bring such work up to HPIN standards. This requirement survives the termination of this Agreement.
Should any non-compliance issues be discovered because of an inspection, the Sponsors or Program Vendor will notify the Participating Contractor and within thirty (30) days of the notification, and at no additional cost to the Customer, the Participating Contractor shall make any required health and safety repairs or corrections, and/or reasonable repairs needed to bring such work up to HPIN standards. All serious health and safety non-compliance issues associated with the project must be rectified by the Participating Contractor immediately. This provision shall survive the termination of this Agreement. Additionally, the Sponsors may issue post-installation customer satisfaction surveys and use the results of such surveys to influence future program design and marketing activities.
3.4 Use of Subcontractors to Complete Projects
Participating Contractor is responsible for any and all work performed by its subcontractors, including ensuring that subcontractors adhere to HPIN policies and standards. Upon request, the Participating Contractor must provide information related to all subcontractors providing HPIN services, fully describing the nature of these relationships, ownership data, and other information requested by Program Vendor. Participating Contractor cannot employ as a subcontractor any firm that has been suspended or terminated from the HPIN or any other program offered by the Sponsors.
SECTION 4. LIMITATION OF LIABILITY AND INDEMNITY
THE SPONSORS AND PROGRAM VENDOR’S TOTAL LIABILITY TO PARTICIPATING CONTRACTOR FOR ALL CLAIMS OF ANY KIND, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT SHALL, UNDER NO CIRCUMSTANCES, EXCEED $1000 (one thousand dollars). SPONSORS AND PROGRAM VENDOR, THEIR AFFILIATES AND EACH OF THEIR REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES AND SUBCONTRACTORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO PARTICIPATING CONTRACTOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES.
To the fullest extent permitted by law or regulation, Participating Contractor shall defend, indemnify and hold harmless the Sponsors and Program Vendor and any subsidiaries or affiliates thereof, and each of their respective directors, officers, employees, agents, and representatives (“Indemnitees”) from and against any and all liabilities, losses, claims, damages, fines, penalties, costs, expenses (including reasonable attorney's fees), demands and causes of actions of every kind or character (“Losses”) arising, or alleged to have arisen out of any claims (just or unjust) relating to a breach of or an act incident to the performance of this Agreement; or the acts or omissions of the Participating Contractor, its employees and/or subcontractors.
Participating Contractor shall hold the Sponsors and Program Vendor harmless from any claim or suit arising from work in the Heat Pump offering, including, but not limited to any claim or suit resulting from mechanical equipment combustion safety, indoor air quality, asbestos, lead abatement, mildew, fungus, moisture intrusion, or mold of every type and nature.
SECTION 5. TERM AND TERMINATION
Regardless of the execution date, this Agreement will expire on December 31, 2024, unless otherwise extended in writing by the Parties or terminated earlier by the Sponsors or Program Vendor for cause or convenience.
The Sponsors may at any time terminate this Agreement or the available Heat Pump Incentives in whole or in part, from time to time, for its convenience by providing written notice to Participating Contractor. Such termination shall be effective in the manner and upon the date specified in said notice and shall be without prejudice to any claims the Sponsors may have against Participating Contractor. Either Party may terminate this Agreement upon the material breach of any provision of this Agreement by providing written notice to the breaching party and allowing the other Party at least thirty (30) days to cure its breach, provided such breach is capable of being cured.
SECTION 6. MISCELLANEOUS
- This Agreement shall be construed by, and interpreted in accordance with, the laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions.
- This Agreement constitutes the entire agreement and understanding between the Parties concerning the subject matter hereof and supersedes all prior written and oral agreements, proposals, promises, and representation of the Parties respecting the subject matter hereof.
- Customer personal data and utility usage information that may be shared with the Participating Contractor must be treated as confidential and not disclosed to any party other than the Sponsors and Program Vendor.
- The Sponsors reserve the right to make changes to the Heat Pump Incentives upon notice to the Participating Contractor. Notification of material changes shall be made by email and/or posting on the Mass Save website.
- Participating Contractor, its employees, agents, and subcontractors (“personnel”) shall at all times act as independent contractors and shall not hold themselves out to be or be considered employees or agents of the Sponsors or Program Vendor.
SECTION 7. PARTICIPATING CONTRACTOR CERTIFICATION
By signing this Agreement, Participating Contractor's representative is certifying that:
- Participating Contractor does not have any unresolved or outstanding complaints before any licensing board or a pattern of outstanding litigation that involves the work of Participating Contractor of any of Participating Contractor’s principals;
- Participating Contractor’s representative has the necessary legal authority to act on Participating Contractor’s behalf;
- All of the information supplied herein is accurate;
- Participating Contractor has read, understood, and agreed to all of the definitions, terms, and conditions that are a part of this Agreement and the referenced Heat Pump Incentive guidelines or any manuals provided; and
- Participating Contractor acknowledges that failure to follow Incentive requirements and procedures, including submitting necessary documents, will jeopardize Participating Contractor’s ability to receive incentives or offer financing under the Heat Pump Incentive.
Some or all of the information being collected below may be made available in the HPIN Directory and on MassSave.com for customers to search for companies like yours to help support their search for qualified contractors. All the following information is required and must match W-9, where applicable.
SECTION 8. REQUIRED DOCUMENTATION LIST
- Signed copy of this Participation Agreement
- W-9 (to automatically enroll in the Verified 3rd Party Designee residential program and participate in periodic potential program incentive programs)
- Massachusetts HVAC or Electrical Contractor/Plumbing License**
- Certificate of Comprehensive General Liability Insurance
- Certification of relevant training
- Air Source Heat Pump installers:
- EPA Section 608 Certification
- Certification of air source heat pump installer training provided by a heat pump manufacturer
- Variable Refrigerant Flow (VRF) installers:
- EPA Section 608 Certification
- Certification of installer and/or designer training provided by a heat pump manufacturer
- Ground Source Heat Pump primary installers: International Ground-Source Heat Pump Association (IGSHPA) accredited Installer or GeoExchange Designer certificate
*If installing systems over 10 tons, include MA Refrigeration Technician License
** License and certification substitution may be acceptable, if approved by Program Vendor
I certify under the penalties of law that the statements made in this Agreement, and in supporting documentation provided along with this Agreement, have been examined by me and are true and complete. I understand that by signing this Agreement, I consent to any other inquiry to verify or confirm the information I have given. I hereby authorize any reference identified or provided to the Sponsors by Participating Contractor to release to the Sponsors any information pertaining to past or present relevant work. I hereby release from all liability or damage, the Sponsors and those persons, agencies, or organizations who may furnish such information.