PLENTI AT DIRECT ENERGY TERMS AND CONDITONS

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1 PLENTI AT DIRECT ENERGY TERMS AND CONDITONS Use of Plenti at Direct Energy is subject to the Plenti Terms and Conditions. See the Plenti Terms and Conditions at The following additional terms and conditions form the basis for you to use Plenti at Direct Energy by and among you, those members of Plenti who use Plenti at Direct Energy, and Direct Energy and its affiliates (collectively, Direct Energy ). Your participation in Plenti at Direct Energy will be governed by these additional terms and conditions ( Terms and Conditions ), and it is your responsibility to read and understand them. Direct Energy may modify these Terms and Conditions at any time without notice. Plenti at Direct Energy is not valid where prohibited by law. Direct Energy offers Plenti to its customers (sometimes referred to as you or your ) who enroll in qualifying residential retail energy plans and meet the other conditions set forth herein in order to allow its customers to earn Plenti points ( Plenti Points ). You cannot use Plenti Points at Direct Energy. Visit for more information on where you can earn and use Plenti Points. Other than your payment for the qualifying residential retail energy plan you select, there is no additional cost to you to earn Plenti Points at Direct Energy. If you are not a Plenti member yet, you can sign up at Earning Plenti Points at Direct Energy is an independent feature separate from our electricity and/or natural gas service plans and these Terms and Conditions do not in any way supersede, modify or alter the terms and conditions and contractual obligations and additional contract documents that memorialize the relationship between you and us with respect to those electricity and/or natural gas service plans. Eligibility to Earn Plenti Points with Direct Energy To be eligible to earn Plenti Points with Direct Energy, a customer must be a Plenti member, be enrolled in and receiving service in qualifying residential retail energy plans, and have a valid Plenti card number ( Plenti number ) linked with their Direct Energy account. Only certain qualifying electricity and/or natural gas plans entitle you to earn Plenti Points ( Participating Plans ). Earning Plenti Points on Eligible Energy Charges with Direct Energy To be eligible to earn Plenti Points on qualifying energy charges with Direct Energy, you must be a customer in good standing with us. For existing customers, you are deemed a customer in good standing (as determined in our sole discretion) if (i) you are at such time receiving Direct Energy electricity and/or gas service in a Participating Plan under the Plenti Program at Direct Energy, (ii) you are not delinquent in any payments due, (iii) you are not otherwise in default under the 1

2 contractual agreements memorializing the terms under such Participating Plan, (iv) you continue to maintain a valid address with Direct Energy, (v) you sign up for and maintain an Online Account Manager with Direct Energy, and (vi) you link your Plenti number to your Direct Energy account within thirty (30) days. Partial payments may earn Plenti Points, at Direct Energy s sole discretion. Plenti Points cannot be earned on late payment charges, collection recovery fees, or insufficient fund fees. If you change service plans directly from one Participating Plan to another Participating Plan, it will not affect your eligibility to earn Plenti Points at Direct Energy. If you have service under a Participating Plan, move to a new address, and you remain a Direct Energy customer at your new address under a Participating Plan, then you will need to link your Plenti number with your Direct Energy account in order to continue to earn Plenti Points at your new address. If your service with us is terminated, cancelled or disconnected for any reason, or if you transfer from a Participating Plan to a nonparticipating plan, then you will no longer receive Plenti Points with Direct Energy. Only one Plenti member per household at a particular address shall be eligible to earn Plenti Points. Earning Plenti Points with Direct Energy through Special Offers From time-to-time Direct Energy may offer the opportunity to earn Plenti Points through special offers. To earn Plenti Points through special offers, you must meet the criteria described above under Eligibility to Earn Plenti Points with Direct Energy, be a Plenti member, and be eligible for the special offer Plenti Points at the time of the particular special offer. Offers are subject to additional terms. General EXCEPT AND TO THE EXTENT SPECIFICALLY PROVIDED IN THESE TERMS AND CONDITIONS, THE SERVICES AND PRODUCTS PROVIDED THROUGH PLENTI AT DIRECT ENERGY ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DIRECT ENERGY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN PLENTI AT DIRECT ENERGY OR ARISING FROM OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS. IN ADDITION, AND WITHOUT LIMITING ANY OF THE FOREGOING, IN CONSIDERATION FOR YOUR PARTICIPATION IN PLENTI AT DIRECT ENERGY, YOU AGREE (ON YOUR OWN BEHALF, AND ON BEHALF OF YOUR AFFILIATES, HEIRS AND PERMITTED ASSIGNS, IF APPLICABLE) TO INDEMNIFY AND HOLD HARMLESS DIRECT ENERGY AND ITS SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, PARTNERS, OWNERS, SHAREHOLDERS AND 2

3 EMPLOYEES, AND INSURERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, CAUSES OF ACTION, COSTS AND EXPENSES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN PLENTI AT DIRECT ENERGY OR YOUR ACCEPTANCE, POSSESSION, USE, OR INABILITY TO USE ANY PRODUCT, SERVICE OR REWARD OFFERED OR PROVIDED THROUGH OR IN ASSOCIATION WITH PLENTI AT DIRECT ENERGY INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, ECONOMIC INJURY, AND PROPERTY DAMAGE, AND INCLUDING (BUT NOT LIMITED TO) CLAIMS BASED ON PUBLICITY RIGHTS, INVASION OF PRIVACY, DEFAMATION, AND DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, WARRANTY, OR TORT. DIRECT ENERGY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY DAMAGE, EXPENSE, INCONVENIENCE, LOST OPPORTUNITY, LOST PROFITS, INJURY, ACCIDENT, DEATH, OR DAMAGE TO ANY PERSONS OR PROPERTY, RELATED TO ANY SUPPLIER OR RELATING TO OR OCCURRING AT ANY PREMISES OR IN ANY AIRCRAFT OR IN TRANSIT TO AND FROM ANY VENUES. NOR DOES DIRECT ENERGY ASSUME ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY DAMAGE, EXPENSE, INCONVENIENCE, LOST OPPORTUNITY, LOST PROFITS, INJURY, ACCIDENT, DEATH, OR DAMAGE TO ANY PERSONS OR PROPERTY, RELATED TO ANY OTHER CAUSE WHATSOEVER DUE TO DELAYS, CANCELLATIONS DUE TO WEATHER OR MECHANICAL BREAKDOWNS, WAR, ACTS OF GOD OR ACTS OF TERRORISM, ARISING FROM OR IN CONJUNCTION WITH ANY SERVICES, PRODUCTS OR REWARDS PROVIDED OR FAILED TO BE PROVIDED. All notifications by us relating to your participation in Plenti at Direct Energy, if any, will be made by us posting to your Online Account Manager online, or . You may receive other communications related to Plenti Points earned from your Direct Energy services from Plenti. We have no obligation to contact or notify you, whether directly or indirectly, regarding your status or any other matter associated with the relating to your participation in Plenti at Direct Energy. Unless we otherwise determine, we will not endeavor to send or deliver any communications or notices to you by any means other than by posting to your Online Account Manager online, or . Under no circumstances will we be responsible, obligated or liable for sending or delivering, or for not sending or delivering, any notifications or communications to you in connection with the relating to your participation in the Plenti Program at Direct Energy. PARTICIPATION IN PLENTI AT DIRECT ENERGY IS VOID WHERE PROHIBITED BY LAW. All Federal, state and local laws apply. Limitations Offers may be changed, removed, modified, or updated at any time, and from time-to-time, without notice, at the sole discretion of Direct Energy or Plenti. 3

4 Plenti Points may not be earned with Direct Energy s Home Services, unless promoted on a specific offer. Your ability to earn Plenti Points at Direct Energy may be changed, replaced, assigned or cancelled by us at any time at our sole discretion with or without notice to you. These Terms and Conditions may be altered, changed, modified or assigned by us at any time with or without notice to you. Offers available under Plenti at Direct Energy may be changed, modified, substituted, replaced, ceased, or terminated at any time at our sole discretion with or without notice to you. Your continued participation in Plenti at Direct Energy shall constitute your acceptance of any and all such changes, replacements, assignments, or terminations. You are not required to become a Plenti member or to participate in Plenti at Direct Energy. You may elect not to earn Plenti Points with Direct Energy at any time by removing your Plenti number from your Direct Energy account. You understand and agree that it is solely your responsibility to maintain a valid and Plenti number in your Direct Energy account profile, and you agree that we have no obligations or responsibilities whatsoever in that regard. Your failure to do so may result in you being ineligible to earn Plenti Points with Direct Energy. You expressly agree that we have no obligation or responsibility whatsoever to notify you at any time or in any manner in connection with your status or eligibility to earn Plenti Points at Direct Energy. We may assign or delegate any of our rights or responsibilities to independent contractors or other third parties. We shall not by virtue of any such assignment or delegation be deemed to have waived any of our rights or remedies hereunder or otherwise. No delay or omission by us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. By participating in Plenti at Direct Energy, you agree that you have read and understand these Terms and Conditions and all of the terms, conditions and provisions contained herein, and will fully comply with and be bound by same. These Terms and Conditions shall be governed by the laws of the State of New York without regard to any conflict or choice of law rules of any jurisdiction. The Federal and state courts located in New York County, New York State shall have exclusive jurisdiction over any dispute arising hereunder. 4

5 Master Plenti Disclaimer (Plenti disclaimer field in Nominator) Points are based on net purchases of eligible items and do not include excluded items, discounts, coupons, other credits, sales tax and other fees. Members must be fully enrolled to earn and redeem points. Points expire after 2 years. This offer is provided by Direct Energy. Direct Energy is solely responsible for the quality and availability of the product/service and any accompanying claims, and Plenti is not affiliated with Direct Energy or any product offered by Direct Energy. Offers are nontransferrable and reproduction is prohibited. Additional Terms and Conditions apply to the Plenti rewards program, Participating partners and offers are subject to change without notice. All Rights Reserved. All trademarks are property of their respective owners. DE Offer Disclaimers: Eligible Energy Charges: USN (aka Base Earn ) Only valid for existing residential customers in Connecticut, Delaware, Illinois, Indiana, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and Washington D.C. Customers residing in one of the foregoing states must link their Plenti card number to their Direct Energy account within thirty (30) days to earn 1 Plenti point on eligible energy charges for every $1 spent. Plenti points can be earned on all Direct Energy supply charges (includes commodity charges) on a qualifying residential energy plan. Taxes and other utility fees and charges are not eligible. Points are not earned on late payment charges, collection recovery fees, or insufficient fund fees. Must be a customer in good standing. If behind on your bill payment, then points will not be earned. You will earn points on eligible energy charges again after you are current on bill payment. Plenti points will be credited to your Plenti account approximately fourteen (14) days after your monthly billing statement has been issued. You must provide and maintain a valid address with Direct Energy. Plenti Points may not be earned with Direct Energy s Home Services, unless promoted on a specific offer. It is not possible to redeem Plenti points at Direct Energy. See plenti.com/use-points/how-to-use-points for information on where to redeem Plenti points. Offer has no cash value. Only one customer per household can earn Plenti points on eligible energy charges. Void where prohibited. Eligible Energy Charges: TX (aka Base Earn ) Only valid for existing residential customers in Texas. Texas customers must link their Plenti card number to their Direct Energy account within thirty (30) days to earn 1 Plenti point on eligible energy charges for every $1 spent. Eligible charges include commodity, TDSP, and taxes on a qualifying residential energy plan. Plenti points are not earned on late payment charges, collection recovery fees, or insufficient fund fees. Must be a customer in good standing. If behind on your bill payment, then points will not be earned. You will earn points on eligible energy charges again after you are current on bill payment. Plenti points will be credited to your Plenti account approximately fourteen (14) days after your monthly billing statement has been issued. You must provide and maintain a valid address with Direct Energy. Plenti Points may not be earned with Direct Energy s Home Services, unless promoted on a specific offer. It is not possible to redeem Plenti points at Direct Energy. See plenti.com/use-points/how-to-use-points for information on where to redeem Plenti points. Offer has no cash value. Only one customer per household can earn Plenti points on eligible energy charges. Void where prohibited.

6 General Acquisition offers- 1k pts for Electricity / 1k pts for natural gas as well as 5k pts This offer is valid for new residential customers. Plenti card number must be provided to Direct Energy within thirty (30) days of receiving energy service to earn promotional points. Plenti points may only be earned for qualifying residential retail energy plans offered under the Direct Energy brand. Such residential retail energy plans are not available in all areas. See Direct Energy for offers in your area. Plenti points for becoming a new Direct Energy Customer will be credited to your Plenti account approximately fourteen (14) days after your Direct Energy enrollment has been approved and you have begun receiving energy services from Direct Energy. Plenti points may not be earned with Direct Energy s Home Services unless promoted on a specific offer. It is not possible to redeem Plenti points at Direct Energy. Offer has no cash value. See plenti.com/use-points/how-to-use-points for information on where to redeem Plenti points. Limit one offer redemption per household. May not be combined with other enrollment offer(s). Void where prohibited. Ebill- 1k pts for enrolling in Ebill This offer is valid for Texas residential customers. Plenti card number must be provided to Direct Energy within thirty (30) days of signing up for paperless billing to earn promotional points. For new Customers, Plenti points for becoming a paperless billing Direct Energy Customer will be credited to your Plenti account approximately fourteen (14) days after you sign up for paperless billing and your Direct Energy enrollment has been approved and you have begun receiving energy services from Direct Energy. For current customers, Plenti points for becoming a paperless billing Customer will be credited to your account approximately fourteen (14) days after you select paperless billing. Plenti points may not be earned with Direct Energy s Home Services unless promoted on a specific offer. It is not possible to redeem Plenti points at Direct Energy. Offer has no cash value. See plenti.com/use-points/how-to-usepoints for information on where to redeem Plenti points. Limit one offer redemption per household. Void where prohibited. Autopay-1k pts for enrolling is auto pay This offer is valid for Texas residential customers. Plenti card number must be provided to Direct Energy within thirty (30) days of signing up for auto pay to earn promotional points. Plenti points for becoming an auto pay Customer will be credited to your Plenti account approximately fourteen (14) days after you sign up for auto pay. Plenti points may not be earned with Direct Energy s Home Services unless promoted on a specific offer. It is not possible to redeem Plenti points at Direct Energy. Offer has no cash value. See plenti.com/use-points/how-to-use-points for information on where to redeem Plenti points. Limit one offer redemption per household. May not be combined with other offers. Void where prohibited. Renewals-1k pts for Renewing This offer is valid for existing residential Customers renewing with Direct Energy. Eligibility during the customers renewal period limited to once every 10 months. Plenti card number must be provided to Direct Energy within thirty (30) days of renewing your energy service to earn promotional points. Plenti points may only be earned for qualifying residential retail energy plans offered under the Direct Energy brand. Such residential retail energy plans are not available in all areas. Please see Direct Energy for offers in your area. Plenti points for renewing with Direct Energy will be credited to your Plenti account approximately fourteen (14) days after your Direct Energy renewal has been approved. Plenti points may not be earned with Direct Energy s Home Services unless promoted on a specific offer. It is not possible to redeem Plenti points at Direct Energy. Offer has no cash value. See plenti.com/use-points/how-to-usepoints for information on where to redeem Plenti points. Limit one offer redemption per household. May not be combined with other offers. Void where prohibited.

7 Existing Customers-1k pts for linking This offer is valid for existing residential Customers with Direct Energy. Plenti card number must be provided to Direct Energy within thirty (30) days of linking your Direct Energy Account to Plenti to earn promotional points. Plenti points may only be earned for qualifying residential retail energy plans offered under the Direct Energy brand. Such residential retail energy plans are not available in all areas. Please see Direct Energy for offers in your area. Plenti points for with Direct Energy will be credited to your Plenti account approximately fourteen (14) days after linking your account. Plenti points may not be earned with Direct Energy s Home Services unless promoted on a specific offer. It is not possible to redeem Plenti points at Direct Energy. Offer has no cash value. See plenti.com/use-points/how-to-use-points for information on where to redeem Plenti points. Limit one offer redemption per household. May not be combined with other offers. Void where prohibited.