BY USING THIS WEBSITE (THE DEMAND EXCHANGE – DEMX.COM) AND THE RELATED SERVICES, YOU, INDIVIDUALLY AND ON BEHALF OF THE ORGANIZATION YOU REPRESENT (“PARTICIPANT”), ARE STATING THAT YOU, PARTICIPANT, AND ALL PARTICIPANT USERS (AS DEFINED BELOW) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS PARTICIPANT AGREEMENT, THE DEMAND EXCHANGE PRIVACY POLICY AND OTHER RULES LOCATED ON THIS WEBSITE (COLLECTIVELLY REFERRED TO AS “AGREEMENT”). IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF THE AGREEMENT, EXIT THIS WEBSITE AND DO NOT USE THE NETWORK SERVICES (AS DEFINED BELOW) OR ANY MATERIALS AND CONTENT PROVIDED AS PART OF THE SERVICES. YOU AGREE, REPRESENT AND WARRANT THAT THE INFORMATION YOU PROVIDE IS CORRECT AND YOU HAVE AUTHORITY TO PROVIDE SUCH INFORMATION AND TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF THE ORGANIZATION YOU REPRESENT.

THIS PARTICIPANT AGREEMENT is entered into by and between The Demand Exchange, LLC (“Demand Exchange”) and Participant and is effective on the date Participant begins to use the Network Services (“Effective Date”). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below.

1. Marketplace Purpose.
The Marketplace is for the operation and use of Demand Exchange to provide energy exchange services to electric utilities (and other energy service providers) wherever located, by means of this Website, whereby customers indicate their willingness to reduce and/or eliminate their need for power and auction their commitment to do so in exchange for an economic benefit from the generating company, wire company, power marketer, or another customer (“Purpose”). Participant and its Users shall not use this Website in any way that is contrary to the Purpose or that would violate any applicable laws or regulations. Participant shall not be entitled to take any action on this Website (i.e. become a “Trader”) until Participant has agreed to this Agreement and delivered all information requested by Demand Exchange and Demand Exchange has delivered to Participant a notice stating that Demand Exchange has accepted Participant as a Trader. This Agreement does not entitle any company affiliated with Participant in any way to become a Trader or Authorized User on behalf of Participant and each separate company must separately agree to this Agreement and obtain separate approval as a Trader before using the Marketplace for Trading.

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