Form DOE F 413.28 DOE F 413.28 Partnership Agreement

OMB Control No. 2060-0528
Approval expires: November 30, 2025

Partnership Agreement between
ENERGY STAR® and
(ENTER PARTNER NAME HERE)

Through this agreement,
(“ENERGY STAR Partner”)
joins in partnership with the US Environmental Protection Agency (EPA) and the Department of
Energy (DOE) in one or more areas. ENERGY STAR Partner recognizes ENERGY STAR as a
broad partnership designed to promote buildings, products, homes, and industrial facilities that use
less energy while providing the same or better performance than conventional designs. ENERGY
STAR Partner wishes to use the ENERGY STAR name and/ or mark in association with qualified
products or homes. ENERGY STAR Partner agrees to use the partnership and the ENERGY STAR
mark to promote energy efficiency as an easy and desirable option for organizations and consumers
to prevent pollution, protect the global environment, and save on energy bills. ENERGY STAR
Partner agrees that it is important to build and maintain the meaning of the ENERGY STAR mark as
a trustworthy symbol that makes it easy to make a change for the better.

Partner Commitments
ENERGY STAR Partner is committed to taking action in the area(s) indicated on the ENERGY
STAR Participation Form. For the designated program area(s), ENERGY STAR Partner agrees to
fulfill all requirements as outlined in the following supporting documents:
• ENERGY STAR Program Requirements, defining requirements for being recognized as a
partner in each program area, such as manufacturing, selling, or promoting ENERGY STAR
qualified products to consumers or organizations. Specific requirements include identifying a
responsible party for each area of participation and updating EPA/DOE on the efforts
undertaken through the partnership. Where applicable, these include ENERGY STAR
eligibility criteria defining the energy and other performance specifications that must be met
for use of the ENERGY STAR mark on and/or in association with buildings, homes, and
products; and
•

ENERGY STAR Identity Guidelines, describing how the ENERGY STAR name and mark
may be used. Partner will adhere to these guidelines and ensure that its authorized
representatives, such as advertising agencies, dealers, and distributors, are also in
compliance.

EPA/DOE will undertake a variety of efforts to build awareness of the ENERGY STAR name and
mark, maintain the credibility of the ENERGY STAR name and mark, and promote the benefits of
energy-efficient homes, buildings, products, services, and industrial facilities. EPA/DOE will strive to:
• increase awareness of the ENERGY STAR name and mark across the residential,
commercial, and industrial sectors by distributing key messages on the benefits of ENERGY
STAR qualified buildings, homes, and products;
• make current versions of the ENERGY STAR Identity Guidelines and ENERGY STAR
Program Requirements easily accessible through the Internet and other means;
This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No.
2060-0528). Responses to this collection of information are voluntary (Section103(g) of the Clean Air Act). An agency may not
conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB
control number. The public reporting and recordkeeping burden for this collection of information is estimated to be 7.4 hours per
response. Send comments on the Agency’s need for this information, the accuracy of the provided burden estimates and any
suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection
Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any
correspondence. Do not send the completed form to this address.

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EPA Form No. 5900-33

ENERGY STAR Partnership Agreement

OMB Control No. 2060-0528
Approval expires: November 30, 2025

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maintain a Web site where ENERGY STAR Partner can furnish information on its program
efforts and responsible key contacts as outlined in the ENERGY STAR Program
Requirements; and
provide ENERGY STAR Partner with public recognition through the Internet and other
mechanisms for its efforts in the ENERGY STAR Partnership and its role in protecting the
environment.

Disclaimers
Partner will not construe, claim, or imply that its participation in the ENERGY STAR program
constitutes federal government approval, acceptance, or endorsement of anything other than
Partner’s commitment to the program. Partner understands its participation in the ENERGY STAR
program does not constitute federal government endorsement of Partner or its buildings, homes,
products, services, or industrial facilities. Partner understands that the activities it undertakes in
connection with the ENERGY STAR program are voluntary and not intended to provide services to
the federal government. As such, Partner will not submit a claim for compensation to any federal
agency.

Dispute Resolution
Partner and EPA/DOE will assume good faith as a general principle for resolving conflicts under the
ENERGY STAR program. Both parties will endeavor to resolve all matters informally, so as to
preserve maximum public confidence in ENERGY STAR.
In the event informal channels do not produce a mutually agreeable resolution to a matter in dispute,
either party to this agreement shall notify the other in writing as to the nature of the dispute, the
specific corrective action sought, and their intent to terminate the Partnership Agreement, either as a
whole or in part, unless specific corrective actions sought are undertaken:
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within 20 days of receiving formal notification from EPA/DOE indicating intent to terminate
the Partnership Agreement, either as a whole or in part, Partner will reply, agreeing to either
(1) undertake in a timely and effective manner the corrective actions sought by EPA/DOE, or
(2) terminate the Partnership Agreement, either as a whole or in part;
within 20 days of receiving formal notification from Partner indicating its intent to terminate
the Partnership Agreement, either as a whole or in part, EPA/DOE will reply, either (1)
agreeing to undertake in a timely and effective manner the corrective actions sought by
Partner, or (2) explaining why such corrective actions cannot be undertaken;
if Partner fails to respond within 20 days of receiving formal notification of EPA/DOE’s intent
to terminate the Partnership Agreement, either as a whole or in part, or if Partner responds
but does not agree to undertake corrective actions sought by EPA/DOE, or if Partner agrees
but does not initiate the corrective actions in a timely manner, then this agreement is
terminated, either as a whole or in part.

Entry into Force and Duration of Agreement
Both parties concur that this agreement and the terms outlined in the supporting documents will
become effective when signed by both parties. This agreement may be updated at any time to add
new areas for which ENERGY STAR Partner wants to be recognized as a partner. Both parties
concur that this agreement is wholly voluntary and may be terminated by either party at any time,
and for any reason, with no penalty. Failure to comply with this Partnership Agreement, applicable
Program Requirements, and Identity Guidelines can result in termination of this agreement and
authorization to use the ENERGY STAR mark. EPA/DOE will actively pursue actions for resolving
issues of noncompliance.
The undersigned hereby execute this Partnership Agreement on behalf of their party. The
signatories of this agreement affirm that they have the authority to execute this agreement on behalf
of ENERGY STAR Partner and EPA/DOE.
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EPA Form No. 5900-33

ENERGY STAR Partnership Agreement

OMB Control No. 2060-0528
Approval expires: November 30, 2025

The undersigned hereby execute this Partnership Agreement on behalf of their party. The signatories
of this agreement affirm that they have the authority to execute this agreement on behalf of
ENERGY STAR Partner and EPA/DOE.

Partnership Agreement Signatory for ENERGY STAR:
Signature:
EPA Use Only

Name and Title:

Jean Lupinacci, Director (Acting)
Climate Protection Partnerships Division,
U.S. Environmental Protection Agency

Date:

Partnership Agreement Signatory for
By checking this box I affirm that I have read and understand the terms of this Partnership
Agreement and am authorized to bind this organization to the terms of the Partnership Agreement.
(Date MM/DD/YYYY)

Signatory details:
Name:

Role in Company:

Title:
Phone:
Email:
Organization details:
Address:
City:
State:
Zip
Country:
Phone:
Web site:
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EPA Form No. 5900-33

ENERGY STAR Partnership Agreement