RESNET® HERS® Software Tools Provider Accreditation Agreement 2024

This agreement governs the accreditation by RESNET® of Home Energy Rating (HERS®) Software Tool Providers under the Mortgage Industry National Home Energy Rating Systems Standards (RESNET® Standards). Each RESNET®- accredited HERS® Software Tool Provider shall adhere to the requirements for accreditation established by RESNET®. Continued accreditation and approval of new versions of Rating Software by RESNET® is further contingent on the HERS® Software Tool Provider complying with those requirements as they may be altered or amended from time to time with notice to the HERS® Software Tool Provider. This commitment to fulfilling all obligations of a HERS® Software Tool Provider is critical to the RESNET® structure that has been established to deliver credible HERS® Index score and home energy ratings to the marketplace.

In order to meet a higher standard of quality and service, all parties must strictly adhere to the RESNET® Standards. The processes defined in the Standards, are proprietary to RESNET® and a requirement when used with the HERS® Index trademark. To meet this high level of quality and service, accredited HERS® Software Tool Providers are required to sign this agreement and adhere to the following:

I. Software Tool Provider Compliance. Software tool’s calculations shall comply with all RESNET® Standards including ANSI and Non-ANSI RESNET® Standards, amendments, technical interpretations, Board of Directors policies, RESNET® Publications and the RESNET® Code of Ethics. The tool shall pass all of the suite of software tests adopted by RESNET® and produce an output in HTML format.

II. RESNET® Buildings Registry.

A. Maintain the integrity and accuracy of the RESNET® Buildings Registry by ensuring the ability for the accredited rating provider to upload all rated homes in accordance with Section 102.1.4.10 of the RESNET® Standards which shall generate a raw data file that will be stored in the RESNET® Buildings Registry that enables research, reporting and RESNET® staff being able to replicate the rating for quality assurance purposes.

B. The only authorized purpose for a Software Provider to access the Registry is to calculate and upload homes provided by an Accredited Rating Provider into the Registry. All Software providers shall ensure the integrity of the Registry by not using access to the registry to view or download building files and other sensitive data.

III. HERS® Software Tool Access. Provide access to designated RESNET® Staff with a non-expiring license to the accredited software tool. This access must allow the rating, as submitted to the Building Registry, to be replicated in its entirety, for the purpose of quality assurance and verification.

IV. RESNET® Registry Schema. Adhere to the most current version of the RESNET® Registry schema and agree to amend the accredited software tool to adhere to the schema revisions, within the timelines set forth by RESNET®. Schema details can be found on RESNET’s® GitHub page: https://github.com/natresnet/buildingregistry-schema-v2

V. License Requirements.

A. To achieve RESNET® accreditation, the Provider shall agree to abide by the provisions of the attached license agreement with RESNET®.

B. Only HERS® Software Tool versions posted on the RESNET® web site are accredited for uploading HERS® rating building files to the RESNET® Buildings Registry. A list of accredited rating providers is located here http://www.resnet.us/professional/programs/providers

VI. Use of RESNET® Branding. The Software Provider may post the RESNET® logo on its website and must include a link from the logo to www.resnet.us. The Software Provider shall comply with all of the usage guidelines and requirements of the “RESNET® Professionals Logo Guide” posted at http://www.resnet.us/professional/brand-assets.

VII. Data Collection & Building Registry Access. The Software Provider acknowledges that the Rating Data collected from the Software Provider and Building Registry Access will be disclosed non-exclusively to Organizations, Government Agencies, Researchers and any Authorized Users, based on RESNET® Board policy and a confidential relationship established by RESNET®.

VIII. Provider Disciplinary Procedures. The Software Provider will comply with and be held to the provisions of Provider disciplinary procedures by RESNET®, including probation, suspension, and revocation of accreditation as set forth in the RESNET® Standards, (Chapter 9) and will have available to it the rights to appeal provided for in RESNET® Standards. The Software Provider shall inform RESNET® within 5 business days when they suspend or revoke a Rating Provider and shall provide the reason that they were suspended or revoked.

IX. Termination. In addition to any other termination right provided herein, each party may terminate this Agreement for any uncured breach of its provisions by the other party. If the breach is curable, the breaching party will have forty-five (45) days from the date of receiving written notice of the breach to cure it. If a curable breach is not remedied within the 45-day cure period, the non-breaching party may immediately terminate this Agreement. Notwithstanding any provision in this Agreement to the contrary, RESNET® may immediately terminate this Agreement without notice in the event that the Software Provider commits any act or omission that would be a breach of the ownership, use, copying, distribution, confidentiality provisions of this Agreement. Upon expiration or termination of this Agreement for any reason, Software Provider will immediately cease to use of RESNET® branding and destroy all confidential & proprietary information.

X. Hold Harmless Clause. The Software Provider will indemnify, hold harmless, and defend RESNET® and its officers, agents, and employees from losses, damages, and judgments arising from the Software Provider’s performance under this Accreditation except to the extent that such liability arises from the gross negligence of RESNET®, but only to the extent that they are found to be caused by a negligent act, error, or omission of the Software Provider or the Software Provider’s officers, directors, members, partners, agents, employees, or subcontractors. RESNET® will indemnify, hold harmless, and defend Software Provider from losses, damages, and judgments arising from this Accreditation as a result of acts of gross negligence by RESNET® or RESNET’s® officers, directors, agents, or employees.

XI. Confidentiality. The Software Provider and RESNET® shall keep all information confidential and shall not disclose, provide or otherwise make available to any person(s) any Proprietary Information. Both parties (i)shall use his or her best efforts, and shall employ reasonable security measures, to prevent any unauthorized disclosure of the Proprietary Information and (ii) shall immediately advise of any information received of any actual or potential unauthorized disclosure or access.

XII. Governing Law. This accreditation agreement is governed by the laws of the State of California and the Software Provider shall perform all aspects of the accreditation called for in compliance with all appropriate laws and regulations. It is the responsibility of the Software Provider to insure that all federal, state, and local permits and licenses necessary to his/her performance of this accreditation agreement have been obtained. All lawsuits concerning this contract shall be brought in the Superior or District Courts of San Diego County, State of California and shall be subject to the laws of the State of California without recourse to such state’s choice of law rules.

XIII. No Assignment or Delegation. This accreditation agreement is neither assignable nor delegable in whole or in part by Software Provider to any other party without the prior written consent of RESNET®, such consent may be withheld in RESNET’s® sole discretion.