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CUSTOMER:Thank you for choosing
DISH Network®. This agreement (the “Agreement”)
sets forth the terms and conditions of the Digital
Home Advantage promotion. Additional terms and
conditions of service are contained in the Residential
Customer Agreement provided to you in your receiver
User’s Guide and made available at
www.dishnetwork.com. BY ORDERING YOU ACKNOWLEDGE AND
AGREE THAT YOU HAVE RECEIVED, READ, UNDERSTAND, AND
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT AND THE RESIDENTIAL CUSTOMER
AGREEMENT, WHICH IS INCORPORATED HEREIN BY REFERENCE,
AND THAT THE FOLLOWING TERMS WERE DISCLOSED TO YOU
PRIOR TO LEASE: i) all equipment provided to you under
this Agreement remains the property of DISH Network at
all times and you agree that within 15 days of
termination, downgrade, or disconnection of service as
described below, you will return all such equipment to
your original retailer or DISH Network or pay the
applicable unreturned equipment charges set forth
below; ii) you must purchase DishFAMILY (currently
$19.99/mo. or $24.99/mo. with local network channels
where available, in each case including rental of one
receiver), America’s Top 100 (currently $32.99/mo.
or $37.99/mo. with local network channels where
available, in each case including rental of one
receiver), DishLATINO (currently $27.99/mo. or
$32.99/mo. with local network channels where
available, in each case including rental of one
receiver), dishHD (currently $29.99/mo. or $34.99/mo.
with local network channels where available, in each
case including rental of one receiver), a
Chinese-language programming package at a current
price of no less than $29.99/mo. or $34.99/mo. with
local channels where available (in each case including
rental of one receiver), a Russian-language
programming package at a current price of no less than
$32.99/mo. or $37.99/mo. with local channels where
available (in each case including rental of one
receiver), a Greek-language programming package at a
current price of no less than $32.99/mo. or $37.99/mo.
with local channels where available (in each case
including rental of one receiver), a Polish-language
programming package at a current price of no less than
$39.99/mo. or $44.99/mo. with local channels where
available (in each case including rental of one
receiver), an Arabic-language programming package at a
current price of no less than $44.99/mo. or $49.99/mo.
with local channels where available (in each case
including rental of one receiver), a
Portuguese-language programming package at a current
price of no less than $44.99/mo. or $49.99/mo. with
local channels where available (in each case including
rental of one receiver), or a Hindi-language
programming package at a current price of no less than
$54.99/mo. or $59.99/mo. with local channels where
available (in each case including rental of one
receiver), as your minimum subscription level at all
times (Arabic, Chinese, Greek, Hindi, Polish,
Portuguese, and Russian-language programming packages
at the minimum prices listed above are each referred
to in this Agreement as a “Minimum International
Programming Package”); iii) programming and other
payments applicable to the purchase of pay-per-view or
video-on-demand programming, lease upgrade fee(s) (if
and as applicable) of a) $99 for a model ViP612 DVR™
receiver or a second model 522, 625 or AT&T
Homezone 1022 receiver, b) $149 for a second model
ViP622 DVR™ or AT&T Homezone 622HZ receiver, and
c) $199 for a second model ViP722 DVR™ receiver,
equipment rental fees, DISH Network DVR service fees,
additional outlet programming access fees, HD enabling
fees, Homezone enablement fees and corresponding taxes
and/or reimbursement charges are non-refundable; iv)
whether a non-refundable activation fee of $49.99 plus
applicable sales taxes and/or reimbursement charges
must be paid prior to installation; v) whether you are
eligible for local network channels by satellite, or a
website or phone number to contact to determine if you
are eligible for local network channels by satellite;
and vi) if you elected the 24-month agreement option
below, a prorated cancellation fee of $240 will apply
for early downgrade, termination, or disconnection of
service as described below. IF YOU CHANGE YOUR
RESIDENCE, YOU ARE STILL BOUND TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT. WE RESERVE THE RIGHT TO
CHANGE PRICES, PACKAGES, AND PROGRAMMING AT ANY TIME,
INCLUDING WITHOUT LIMITATION, DURING ANY TERM
AGREEMENT PERIOD TO WHICH YOU HAVE AGREED.
DISH Home Protection Plan (“DHPP”).
DHPP is an optional service program that is currently
priced at $5.99 per month. DHPP includes: i) a
priority technical service support telephone number
available 24 hours per day/7 days per week; ii) free
shipping for repair or replacement of defective
receiver equipment (including DVR and HD receivers);
iii) video cabling and power surge repairs to DISH
Network equipment; iv) discounted in-home service
calls currently priced at $29 (regularly $99); and v)
one free DishMOVER (if you relocate to an area where
DISH Network programming is available, we will provide
free standard professional installation of a new DISH
500 antenna (or a SuperDISH or DISH 1000 antenna where
required for local channel packages or a 24-inch or
larger DISH 300 antenna for residents of Hawaii and
eligible locations within the Anchorage, Alaska
metropolitan area) and your existing receivers).
Please see www.dishnetwork.com
or call 1-800-333-DISH for complete details.
Term Agreement Option and Cancellation Fee.
If you are a new, first-time DISH Network subscriber
who would like to i) receive DHPP (if available to you
at the time you sign this Agreement) at no additional
cost for the first 9 months of the 24-month term; or
ii) be eligible to participate in this promotion as a
Former DISH Network Subscriber (as defined below), you
must agree to a 24-month agreement by initialing
below. If you elect this option a) DHPP (if available
to you at the time you sign this Agreement) will be
provided to you at no additional cost for the first 9
months of the 24-month term and b) solely in the event
you purchased a serialized DISH Network “activation
card” from an authorized DISH Network retailer and
have received this Agreement as a direct result of
calling DISH Network and providing the valid card
number or other unique activation number imprinted on
such “activation card”, you will receive a $49.99
credit applied to your first bill. By initialing the
24-month agreement option, you agree to purchase
DishFAMILY, America’s Top 100, DishLATINO, dishHD,
or a Minimum International Programming Package (as
defined above) as your minimum subscription level for
24 months from the date of initial activation
(“Initial Term”). If after activation, but before
the end of the Initial Term, you elect to terminate
this Agreement or downgrade your programming below the
required minimum programming package of DishFAMILY,
America’s Top 100, DishLATINO, dishHD, or a Minimum
International Programming Package, or your service is
disconnected for any reason, and all programming and
other fees and charges for the Initial Term have not
been paid in full as of such termination, downgrade,
or disconnection, you agree to pay, and we will
automatically charge, a cancellation fee
equal to $10 multiplied by the number of months
remaining in the Initial Term to your DISH Network
account or your Credit Card as defined below, at our
option. (If the 24-month agreement option is not
initialed, you will be deemed to have declined a term
agreement.) In the event that at any time during the
Initial Term you are eligible to participate and
participate in DISH Pause or any other program
pursuant to which your DISH Network service may be
temporarily suspended, you agree that the Initial Term
shall automatically resume immediately following such
suspension and that the last day of such Initial Term
shall be extended for the number of days by which your
DISH Network service was suspended. DISH Network shall
determine eligibility for any such promotion in its
sole discretion and reserves the right to deny
eligibility for any reason. In the event that at any
time you otherwise owe more than one cancellation
fee with respect to the same minimum
programming package pursuant to this Agreement and any
other agreement(s) between you and DISH Network, you
agree that the terms and conditions applicable to the
cancellation fee with respect to such minimum
programming for which the greatest amount is then
owing to DISH Network shall be controlling.
ADDITIONAL TERMS AND CONDITIONS
General. This promotion offers
eligible new, first-time residential DISH Network
subscribers and eligible Former DISH Network
Subscribers the opportunity to lease certain equipment
and purchase certain services, subject to the terms
and conditions of this Agreement and the Residential
Customer Agreement.
Eligibility. Services and
equipment must be ordered, installed, and activated
between and including February
1, 2008 and July 31, 2008. This offer is
limited to: i) new, first-time residential DISH
Network subscribers and ii) former residential DISH
Network subscribers who: a) previously maintained for
no less than 6 consecutive months an active DISH
Network account in good standing status as determined
in DISH Network’s sole discretion; b) voluntarily
disconnected any and all prior DISH Network accounts;
c) timely paid any and all balances owing under their
prior DISH Network account(s) in full; and d) have not
received DISH Network programming or other services
during the 6-month period prior to activation under
this promotion (“Former DISH Network
Subscribers”). In addition to (and without
limitation of) the foregoing, no new, first-time DISH
Network subscriber or Former DISH Network Subscriber
shall be eligible for this offer unless such
subscriber: 1) resides in the continental United
States, Hawaii, or one of the sections of the
Anchorage, Alaska metropolitan area that have been
determined by DISH Network in its sole discretion to
be eligible locations under this promotion; 2)
provides DISH Network with a valid major credit card
number issued to the customer who signs this
Agreement; 3) provides DISH Network with the Social
Security Number issued to the customer who signs this
Agreement; and 4) receives credit approval. If you
reside in Alaska, you represent and warrant that you
have confirmed with your participating retailer that
your residence is within an area that has been
determined by DISH Network to be an eligible location
under this promotion. Only one participant is allowed
per household. This offer may not be combined with any
other offer. Standard professional installation of up
to 4 receivers to up to 4 televisions, a DISH 500
antenna (or other applicable antenna required for your
location and/or programming you have selected, in each
case as determined by DISH Network in its sole
discretion) and mounting hardware is included. In
certain installations and/or in the event of certain
programming purchases, additional equipment may be
required and additional fees may apply. Maximum of 4
total tuners per account. Maximum of 2 model ViP211™
or ViP222™ receivers per account. Maximum of 2 model
522 or 625 receivers per account. Maximum of 2 model
ViP612 DVR receivers per account. Maximum of 2 model
ViP722 DVR receivers per account. Maximum of 1 model
AT&T Homezone 622HZ DVR or AT&T Homezone 1022
receiver per account (available only to customers
billed by AT&T for services provided under this
Agreement). DISH Network shall determine eligibility
for participation, including without limitation the
number and type of receivers to be provided, in its
sole discretion and reserves the right to deny
eligibility for any reason.
Programming. A minimum
programming package of DishFAMILY, America’s Top
100, DishLATINO, dishHD, or a Minimum International
Programming Package (as defined above) is required at
all times. In the event you do not purchase the
required minimum programming package, your service
will be deactivated. Local network channels may be
purchased if and where available for an additional $5
per month.
Monthly Fees and Payments. You
agree to make a monthly payment by the payment due
date for the programming you select and for the
following fees as applicable depending on the
equipment you select: Equipment
Rental Fee: An equipment rental fee of $7 per
month (in the case of a model 411, ViP211, ViP222,
AT&T Homezone 622HZ DVR, ViP612 DVR, or ViP722 DVR
receiver) or $5 per month (in all other cases) for the
first receiver activated is included in the
promotional base programming package price. An
additional equipment rental fee of $7 per month (in
the case of a model 411, ViP211, ViP222, AT&T
Homezone 622HZ DVR, ViP612 DVR, or ViP722 DVR
receiver) or $5 per month (in all other cases) will be
charged to your account for each receiver activated
beyond the first (for the purpose of determining the
amount of this fee, model 411, ViP211, ViP222,
AT&T Homezone 622HZ DVR, ViP612 DVR, and ViP722
DVR receivers shall be deemed to be activated prior to
all other receivers); DISH
Network DVR Service Fee: A $5.98 per month DISH
Network DVR service fee will be charged to your
account for each model 510, 522, 625, ViP612 DVR,
ViP622 DVR, ViP722 DVR, or AT&T Homezone 622HZ DVR
or AT&T Homezone 1022 receiver activated. This fee
will not apply with respect to one such receiver if
you subscribe to DishDVR Advantage and will be waived
if you subscribe to America’s “Everything” Pak; Additional
Outlet Programming Access Fee: A $5 per month
additional outlet programming access fee will be
charged to your account for each dual tuner receiver
(model 322, 522, 625, ViP222, ViP622 DVR, ViP722 DVR,
AT&T Homezone 622HZ DVR and AT&T Homezone 1022
receivers) activated. This fee will be waived on a
monthly basis for each such receiver that DISH Network
confirms has been continuously connected to your same
land-based phone line and/or (solely in the case of a
model ViP622 DVR, ViP722 DVR or AT&T Homezone 622
HZ DVR) continuously connected to your same broadband
home network resulting in the functionality of the
applicable receiver’s Internet-based features. DISH
Network’s confirmation process(es) shall be the sole
method(s) utilized to determine if your additional
outlet programming access fee(s) will be waived; HD
Enabling Fee: A $7 per month HD enabling fee
will be charged to your account if any model 411,
ViP211, ViP222, ViP612 DVR, ViP622 DVR or ViP722 DVR
receiver is activated. This fee will also be charged
to your account if any AT&T Homezone 622HZ DVR is
activated, enabled with the capacity to receive high
definition programming (including without limitation
via an off-air antenna) and is the only high
definition receiver activated on your account. This
fee will be waived on a monthly basis if you subscribe
to dishHD Essential, DishLATINO Max HD Essential,
dishHD or DishHD Package (only available for residents
of Alaska and Hawaii). Lease upgrade fee(s) (if and as
applicable) of i) $99 for a model ViP612 DVR receiver,
or the second model 522, 625 or AT&T HomeZone 1022
receiver; ii) $149 for a second model ViP622 DVR
receiver; and iii) $199 for a second model ViP722 DVR
receiver are not deposits and are non-refundable. The
$49.99 activation fee (if applicable) is
non-refundable but will be credited on your first
account billing statement solely in the event that you
are a new, first-time DISH Network subscriber who a)
purchased a serialized DISH Network “activation
card” from an authorized DISH Network retailer and
has received this Agreement as a direct result of
calling DISH Network and providing the valid card
number or other unique activation number imprinted on
such “activation card” and b) agrees to the
24-month agreement option by initialing above where
indicated.. State and local taxes, or reimbursement
charges for gross earnings taxes imposed on satellite
providers for transmission of programming in some
states, may apply. Other fees may apply as set forth
in the Residential Customer Agreement. Different or
other payment options may be applicable where billing
is provided through a billing agent. All receivers
selected by you within the first 30 days of initial
activation of your DISH Network account shall be
treated as selected by you under this Agreement for
all purposes, including, without limitation, with
respect to ownership and unreturned equipment fees.
Unreturned Equipment Charges.
This promotion allows you to use the satellite
receiver(s), smart card(s) and remote control(s), low
noise block converters with integrated feeds (“LNBFs”),
and switches (if any) you select under this promotion
while you remain an active customer in good standing
and in compliance with this Agreement and the
Residential Customer Agreement. All such equipment is
owned by DISH Network at all times and must be
returned if you elect to terminate this Agreement or
downgrade your programming below required minimum
programming package of DishFAMILY, America’s Top
100, DISH Latino, dishHD or a Minimum International
Programming Package (as defined above), or your
service is otherwise disconnected for any reason at
any time. WITHIN 15 DAYS OF SUCH TERMINATION,
DOWNGRADE, OR DISCONNECTION, YOU AGREE TO RETURN ALL
SUCH EQUIPMENT IN GOOD OPERATING CONDITION, NORMAL
WEAR AND TEAR EXCEPTED, TO: i) your original retailer
(or DISH Network if no retailer was used) if such
termination, downgrade, or disconnection occurs during
the first 180 days after activation of programming, or
ii) DISH Network if such termination, downgrade, or
disconnection occurs after the first 180 days from the
date of activation of programming. If such
termination, downgrade, or disconnection occurs after
the first 180 days, you agree to immediately call DISH
Network at 1-888-220-3474 to receive a return
authorization number and delivery instructions for the
return of such equipment to DISH Network. You are
responsible for and shall bear all costs and expenses
to return such equipment. IF YOU DO NOT RETURN SUCH
EQUIPMENT AS SET FORTH HEREIN, YOU AGREE TO PAY, AND
WE WILL AUTOMATICALLY CHARGE TO YOUR DISH NETWORK
ACCOUNT OR YOUR CREDIT CARD (AS DEFINED BELOW), AT OUR
OPTION, AN UNRETURNED EQUIPMENT CHARGE FOR EACH ITEM
NOT RETURNED AS FOLLOWS (in each case and
collectively, the "Unreturned Equipment
Charge"): model ViP722 DVR, ViP622 DVR or
AT&T Homezone 622HZ DVR receiver, $400; model
ViP612 DVR, 625, 522 or AT&T Homezone 1022
receiver, $300; model 322, ViP222, 411 or ViP211
receiver, $200; model 111, 381, 301 or 311 receiver,
$100; outdoor LNBF and quad switch, $100.
Collection of Fees/Credit Card
Authorization. You hereby authorize DISH
Network to charge, and/or place a hold with respect
to, any and all cancellation fee(s) and unreturned
equipment fee(s) owing under this Agreement
(collectively, the “Authorized Amounts”), to your
credit card or debit/check card that you initially
provided to DISH Network and/or to any other credit
card or debit/check card of yours that you provide to
make payments to DISH Network (the “Credit Card”),
authorize the issuer of the Credit Card to pay the
Authorized Amounts without DISH Network submitting a
signed receipt, and agree that this Agreement is to be
accepted as such authorization. You authorize DISH
Network to continue to attempt to charge, and/or place
holds with respect to, the Authorized Amounts, or any
portion thereof, to the Credit Card until such amounts
are paid in full. You acknowledge and agree that DISH
Network shall have no liability whatsoever for any
non-sufficient funds, rejected debit, or other charges
incurred by you as a result of such attempts to
charge, and/or place holds on, the Credit Card.
Payment of a cancellation fee shall not relieve you of
your obligation to pay all unpaid charges on your
account. In the event that you are enrolled or later
enroll in DISH Network’s AutoPay (“AutoPay”) or
Electronic Funds Transfer (“EFT”) payment
programs, you agree that the Authorized Amounts and
any and all monthly programming, pay-per-view, and
other similar and related charges and other amounts
owing under this Agreement or the Residential Customer
Agreement may be charged to the credit card,
debit/check card or account provided by you to DISH
Network pursuant to such AutoPay or EFT program.
Billing Agents. We may enter
into relationships with third parties to provide
billing and other services on our behalf in which case
the terms and conditions of this Agreement shall apply
to such third parties as applicable under the
circumstances.
Translation. In the event of
any conflict or inconsistency between the
English-language version of this Agreement and a
translation of this Agreement into any other language,
the English-language version shall be controlling. |
