Statement of Policy Regarding Intellectual Property

1. Information Provided to SECC. Section 5.1 of the Amended and Restated Bylaws of Smart Energy Consumer Collaborative (“SECC”) provides that SECC is interested in receiving from its Members, directors, and officers and from the general public information that SECC can use to further its purposes. However, SECC does not want any Member, director or officer or any other person or entity to disclose, transfer or otherwise make available to SECC: (i) any information that the transferor of such information has any duty or obligation not to disclose or transfer to SECC; or (ii) any information that can be lawfully disclosed or otherwise transferred to SECC, but that would impose upon SECC any restrictions on the authority of SECC to disclose or use such information, unless, prior to the receipt of such information, SECC is advised of all such restrictions
2. Information Available to Members. As provided in Section 5.2 of the Amended and Restated Bylaws of SECC, from time to time, SECC may make available to Members on a preferential basis information that has been developed or acquired by SECC, pursuant to policies adopted by the Board. This statement of policy deals with four categories of information that SECC may have from time to time and sets forth the policy of SECC on access that will be provided to that information.
3. Information developed by SECC and released by SECC to the public. This information will be available to all SECC Members (both Full Members and Affiliate Members) and to the public.
4. Information received by SECC without any restrictions on SECC’s disclosure or use of the information. This information will be available to all SECC Members (both Full Members and Affiliate Members).
5. Information developed by SECC and not released by SECC to the public. This information includes underlying data developed to support conclusions that are publicly released by SECC. Each Full Member and each Affiliate Member would have a non-exclusive license, while it is a Member of SECC, to use this information internally for its own business, but not to distribute this information to its own members (in the case of a member organization) and subject to any non-disclosure obligations or other restrictions that the Board of Directors or the President/Executive Director of SECC may impose.
6. Information that SECC agrees to receive subject to restrictions on disclosure or use by SECC. As to this type of information, the Board of Directors or the President/Executive Director of SECC may decide on a case-by-case basis to make some or all of any such information available to such Members, and on such terms, as are consistent with SECC’s compliance with the specific applicable restrictions, and such other terms as the Board or the President/Executive Director may determine. This may result in a distribution of information to some but not all Members and/or a distribution of information on different terms to different Members.
7. Implementation. A Member will have to sign a written agreement with SECC agreeing to comply with applicable obligations and restrictions imposed by SECC on all information disclosed by SECC to that Member before SECC will provide any restricted information to that Member.

This Statement of Policy was adopted by the SECC Board of Directors on April 30, 2010.