ENERGY STAR PARTNERSHIP AGREEMENT FOR HOME BUILDERS

Updated September 16, 2015

General Terms and Commitments for participation in the ENERGY STAR program (ENERGY STAR) and for the use of ENERGY STAR Marks

This AGREEMENT contains the general terms applicable to partners' use of the ENERGY STAR trademarks, service marks and certification marks, including additional terms for ENERGY STAR Certified Homes program builder partners, and describes commitments made by the U.S. Environmental Protection Agency (EPA) for the benefit of the ENERGY STAR program and its partners. EPA may periodically amend these Terms and Commitments and will provide notice to partners before the effective date of the amendment.

This agreement is voluntary and can be cancelled by either party at any time for any reason, with no penalty. Upon cancellation of this AGREEMENT, or suspension or termination in accordance with the Policies for Responding to Misuse of the Energy Star Brand, the partner will no longer have access to program benefits and must promptly cease its use of the ENERGY STAR name and Marks in all applications.

By affixing an electronic signature to this partnership agreement, the organization agrees to become an ENERGY STAR program partner, acknowledges EPA's commitments to its partners, and agrees to comply with all Terms and Commitments of this AGREEMENT.

EPA Commitments

  1. EPA will continue to work to promote the ENERGY STAR program and to broaden public recognition of the ENERGY STAR marks (the Marks) as the trusted government-backed symbols for solutions that save energy, save money, and help protect the environment.
  2. EPA will provide partners with timely program updates, information, and resources via the ENERGY STAR web site, webinars, e-mail, and presentations.
  3. EPA will provide partners with recognition for their participation in the program through the ENERGY STAR partner locator, special awards, and promotion through other media.
  4. EPA will respond to requests for information or clarification regarding ENERGY STAR program policies.
  5. EPA will maintain the integrity of the ENERGY STAR marks and take all possible steps to deter their misuse.

General Terms and Commitments for All ENERGY STAR Partners

  1. Partner will use the ENERGY STAR name and Marks, and ensure that its authorized representatives (advertising agencies, distributors, and subcontractors) use the ENERGY STAR name and Marks, in accordance with the ENERGY STAR Brand Book (i.e., Logo Use Guidelines).
  2. Partner will not construe, claim, or imply that its participation in ENERGY STAR constitutes federal government approval, acceptance, or endorsement of the partner, or its goods or services.
  3. Partner acknowledges that its activities undertaken in connection with ENERGY STAR are voluntary and not intended to provide services to the federal government. Partner may not submit claims for compensation to any federal agency for its ENERGY STAR activities.
  4. Partner will act in good faith to resolve conflicts that may arise in relation to its program partnership and will seek to resolve all matters to preserve maximum public confidence in ENERGY STAR.

Additional Terms and Commitments for ENERGY STAR Certified Homes Program Builder Partners

  1. Partner must ensure that a completed ENERGY STAR certification label is affixed to the circuit breaker box (or other suitable location) of all homes that are certified to meet the ENERGY STAR program requirements and provide an ENERGY STAR certificate to each homeowner who purchases a certified new home.
  2. In addition to the energy-efficiency features that are independently verified by a certified Home Energy (HERS) Rater, partner must ensure that all of its ENERGY STAR certified homes are built in accordance with the protections specified in EPA's Water Management Scope of Work.
  3. When specifying in a sales contract that a home to be constructed will (or has been constructed to) earn the ENERGY STAR label, partner shall only refer to the home as an "ENERGY STAR certified home."
  4. To maintain an active partnership, partner must have at least one home built and certified to earn the ENERGY STAR label, and reported to EPA by an accredited Home Energy Rating Provider partner, in the preceding 12-month period.
    1. If this requirement is not fulfilled, the partner will be deemed 'inactive,' will no longer have access to program benefits, and must promptly cease its use of the ENERGY STAR name and Marks in all applications.
    2. To re-activate the partnership, the organization must review the most recent program requirements and Terms and Commitments of this AGREEMENT and have at least one home certified to earn the ENERGY STAR label reported to EPA by an accredited Home Energy Rating Provider partner.
  5. Partner will not imply that the ENERGY STAR label indicates that the home is structurally sound or safe, constructed in accordance with applicable laws, regulations or codes, free of mold or mildew, free of volatile organic compounds or allergens, or free of soil gases, including radon.
  6. Partner understands that EPA does not provide warranties and is not liable for construction defects or deficiencies resulting from the proper or improper application of the ENERGY STAR Certified Homes program requirements.
  7. Partner understands that EPA periodically updates the ENERGY STAR Certified Homes program requirements and will provide notice to partners before the effective date of the amendment.
  8. Partner is responsible for monitoring EPA's communications and the ENERGY STAR website about the program and incorporate any program changes into its activities.
  9. To preserve maximum public confidence in ENERGY STAR, partner will act promptly and in good faith to resolve conflicts that arise in relation to its program partnership or the performance of its ENERGY STAR certified homes.
  10. Upon request and to facilitate investigation of consumer complaint(s), partner must provide EPA with relevant documentation regarding any home or homes for which a consumer complaint has been made to EPA and that were certified as ENERGY STAR (or potentially represented to homebuyers as such), including, but not limited to, Home Energy Rating (HERS) reports, ENERGY STAR inspection checklists, sales contracts, and promotional materials.
    1. If EPA determines that a home has been improperly certified as ENERGY STAR, partner will take necessary actions to resolve the deficiencies documented by EPA in a timely manner.
    2. If the partner is unable to document that a home has been properly built and certified to meet program requirements, the ENERGY STAR certification label must be removed from the home, as well as any other promotional materials that imply that the home is certified.
  11. If the partner fails to comply with any of the Terms and Commitments of this AGREEMENT, or uses the ENERGY STAR marks improperly, EPA will take action in accordance with the procedures described in the document, Policies for Responding to Misuse of the ENERGY STAR Brand.