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| Alaska-Puerto Rico-US Virgin
Islands Promotion Agreement |
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CUSTOMER: Thank you for choosing
DISH Network. This agreement (the “Agreement”) sets
forth the terms and conditions of the Alaska-Puerto
Rico-U.S. Virgin Islands promotion. Additional terms and
conditions of service are contained in the Residential
Customer Agreement provided to you in your receiver
User’s Guide. 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 SALE: 1) you must purchase
DishFAMILY (currently $19.99/mo. or $24.99/mo. with
local network channels where available), America’s Top
60 (currently $29.99/mo. or $34.99/mo. with local
network channels where available), DISH Latino
(currently $24.99/mo. or $29.99/mo. with local network
channels where available), or Great Wall TV Package
(currently $29.99/mo. or $34.99/mo. with local network
channels where available) as your minimum subscription
level for 12 or 24 months depending on whether you
select a one-year agreement option or two-year agreement
option as indicated by your initials below, or a
cancellation fee will be assessed as set forth herein;
2) applicable installation charges; 3) the $49.99
upgrade fee (if applicable) for the model 411 or ViP211
receiver, the $299.99 upgrade fee (if applicable) for
the model ViP622 DVR receiver, and programming payments
are non-refundable; 4) a non-refundable activation fee
of $49.99 plus applicable sales taxes must be paid prior
to installation and a $49.99 credit will be applied to
your first bill; and 5) 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. 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.
Cancellation Fee. By initialing the
one-year or two-year agreement option above, you agree
to purchase DishFAMILY, America’s Top 60, DISH Latino,
or Great Wall TV Package as your minimum subscription
level for twelve (12) months or twenty-four (24) months,
depending on the option you selected, 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 60, DISH Latino, or
Great Wall TV Package, or your service is disconnected
for any reason, and all programming and other fees and
charges for the one-year Initial Term or two-year
Initial Term, as applicable, 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 $20
multiplied by the number of months remaining in the
one-year Initial Term, or $10 multiplied by the number
of months remaining in the two-year Initial Term, as
applicable, to your DISH Network account or your Credit
Card (as defined below), at our option.
Eligibility. This promotion offers
eligible new residential DISH Network subscribers the
opportunity to purchase certain equipment and services,
subject to the terms and conditions set forth in this
Agreement. Services and equipment must be ordered,
installed, and activated between and including February
1, 2006 and April 30, 2006. This offer is limited to
new, first-time residential DISH Network subscribers
who: (1) reside in the state of Alaska, Puerto Rico, or
the U.S. Virgin Islands; (2) provide DISH Network with a
valid major credit card number issued to the customer
who signs this Agreement; (3) provide DISH Network with
the Social Security number or equivalent issued to the
customer who signs this Agreement; and (4) receive
credit approval. Only one participant is allowed per
household. This offer may not be combined with any other
offer. Standard professional installation of up to three
(3) receivers is included. DISH antenna hardware and
installation are sold separately. In certain
installations, additional equipment may be required and
additional fees may apply. DISH Network shall determine
eligibility for participation in its sole discretion and
reserves the right to deny eligibility for any reason.
Programming. A minimum programming
package of DishFAMILY, America’s Top 60, DISH Latino, or
Great Wall TV Package is required at all times. In the
event you do not purchase the required minimum
programming package, your service will be deactivated.
Local channels may be purchased if and where available
for an additional $5.00/mo.
Monthly Fees and Payments. You agree to
make a monthly payment to DISH Network by the payment
due date for the programming you select and for the
following fees as applicable depending on the equipment
you select: Additional Outlet Programming Access
Fee: a non-refundable additional outlet
programming access fee of $6 per month (in the case of a
model 411 or ViP211 tuner and tuner number one in a
model ViP622 DVR receiver) or $5 per month (in the case
of all other tuners) will be charged to your account for
each tuner activated beyond the first. (For the purpose
of determining the amount of this fee and whether it
applies to a particular tuner, tuner number one shall be
deemed to be activated prior to tuner number two in a
dual tuner receiver and model 411 or ViP211 and ViP622
DVR tuners shall be deemed to be activated prior to all
other tuners). One $5 per month additional outlet
programming access fee will be waived on a monthly basis
for each dual-tuner receiver (models 322, 522, 625, and
ViP622 DVR) that DISH Network confirms has been
continuously connected to your same land-based phone
line. DISH Network’s confirmation process shall be the
sole method utilized to determine if such additional
outlet programming access fee(s) will be waived;
DISH Network DVR Service Fee: a non-refundable
$5.98 per month DISH Network DVR service fee will be
charged to your account for each model 510, 522, 625, or
ViP622 DVR receiver activated. This fee will be waived
if you subscribe to either America’s “Everything” Pak,
DishHD Platinum, Latino “Everything” Pak or DishLATINO
HD Platinum; HD Enabling Fee: A
non-refundable $6.00 per month HD enabling fee will
charged to your account if any model 411 or ViP211 or
ViP622 DVR receiver for which the capacity to receive
high definition programming (including without
limitation via an off-air antenna) has been enabled.
This fee will be waived on a monthly basis if you
subscribe to DishHD Bronze, DishHD Silver, DishHD Gold,
DishHD Platinum, DishLATINO HD Bronze, DishLATINO HD
Silver, DishLATINO HD Gold, or DishLATINO HD Platinum,
or if the capacity of all such receivers to receive high
definition programming has been disabled by DISH Network
at your request. You may call us at 1-888-284-7116 to
request that we disable the high definition
functionality on your receiver(s). The $49.99 activation
fee is not a deposit and is nonrefundable but will be
credited on your first account billing statement. 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.
Upgrade Options. A non-refundable
$49.99 upgrade fee applies if you select a model 411 or
ViP211 receiver and a non-refundable $299.99 upgrade fee
applies if you select a model ViP622 DVR receiver.
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.
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