HomeMy WebLinkAboutContract 40271&CITY SECRETARY
jjjj�� DISH Business Advantage Commercial Promotion Agreement CONTRACTfV�J �
N E T W O R K. (Promo Code: RDBA or RETCDDBA)
This agreement (the "Agreement") sets forth the terms and conditions of the DISH Business Advantage Commercial Promotion. The
Commercial Customer Agreement ("CCA"), incorporated herein by reference, contains additional terms and conditions. The CCA is
included in your receiver user's Guide and available at dishnetwork.com/commercial.
Public or Private Location: You must identify your type of business, I Public Commercial I Private Commercial
based on the information below, by initialing the appropriate space. Location: Location.
Public Commercial Location: By initialing the Public Commercial Location space above, you represent that the location in
which you will receive and view programming under this Agreement is generally accessible to the public and: (1) is classified
within the hospitality industry; (2) serves food and/or liquor for immediate consumption; (3) is registered with a fire occupancy
certificate; and (4) will not receive services through a master system installed at a commercial or residential multiple dwelling
unit property (such as hotels, hospitals, dormitories, etc.). Examples of Public Commercial Locations include bars, restaurants,
night clubs, casinos, lounges and shopping malls. Notwithstanding the foregoing, DISH Network may determine whether a
location constitutes a Public Commercial Location or another tune of location.
Private Commercial Location: By initialing the Private Commercial Space above, you represent that the location in which you
will receive and view programming under this Agreement may be accessible to the public and does not serve food and/or liquor
for immediate consumption. Examples of Private Commercial Locations include retail stores, health clubs, business office
reception areas or waiting rooms, and the private offices of attorneys, doctors, dentists and other business professionals.
Notwithstanding the foregoing, DISH Network may determine whether a location constitutes a Private Commercial Location or
another type of location.
Unreturned Equipment Charges: The satellite receiver(s), smart card(s), remote control(s), and LNBFs provided to you under
this Agreement are leased and remain the property of DISH Network at all times. You agree that you will return all such
equipment in accordance with the "Equipment Return" section below within 30 days following downgrade or disconnection
of service, and if you do not, DISH Network will charge the following "Unreturned Equipment Charges" to your Qualifying
Card (as defined below), as applicable: outdoor LNBF, $50; standard definition (SD) non-DVR receiver (301, 311, 322, 381),
$100; high definition (HD) non-DVR receiver (411, ViP® 211, ViP 222, ViP 222k), $200; SD or HD DVR receiver (522, 625,
ViP 612, ViP 622, ViP 722k, ViP 722)7 $300; and ViP 922 receiver, $400. If your account is involuntarily deactivated for failure
to pay your bill or otherwise, DISH Network will charge the applicable Unreturned Equipment Charge(s) to your Qualifying
Card within 72 hours of deactivation. If you return such equipment in accordance with this Agreement, such Unreturned
Equipment Charge(s) will be refunded upon DISH Network's receipt of the applicable equipment.
***WE RESERVE THE RIGHT TO CHANGE PRICES, PACKAGES AND PROGRAMMING AT ANY TIME. ***YOU
ARE STILL BOUND BY THIS AGREEMENT II' YOU CHANGE YOUR PLACE OF BUSINESS.***DO NOT SIGN THIS
AGREEMENT IF YOU DID NOT RECEIVE ALL 3 PAGES OF THIS AGREEMENT.
BY SIGNING THIS AGREEMENT YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RECEIVED, READ,
UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION, THE TERMS AND CONDITIONS SET FORTH ABOVE AND IN THE
CCA, AND ALL SUCH TERMS WERE DISCLOSED TO YOU PRIOR TO LEASE.
Business Name: Customer Signature:
Phone:
Street Address:
City:
State:
0
Date:
Customer Printed Name:
Account #:
County:
Subscriber Eligibility: Services and equipment must be ordered, installed and activated between and including August 1, 2009 and
January 31, 2010. Only 1 participant per location. This offer may not be combined with any other offer. This offer is limited to new,
first-time commercial DISH Network subscribers who: (1) have a place of business in the continental United States, Hawaii or
certain areas in Alaska (as determined by DISH) that qualifies as a Public Commercial Location or a Private Commercial Location;
(2) provide a valid business name, business address, phone number, and business owner/proprietor name; (3) provide DISH Network
with a valid major credit card or debit/check card number issued to the customer who signs this Agreement; and (4) receive credit
approval. If your place of business is in Alaska, you represent that you have confirmed that your business is eligible for this
promotion. DISH Network will determine eligibility for participation, including without limitation, the number and type of receivers
provided, and may deny eligibility for any reason.
Required Minimum Programming Packages: You must subscribe at all times to one of the "Required Minimum Programming
Packages" listed in the table below or a higher programming package. You represent that you have been informed whether you are
eligible for local network channels by satellite, or provided with a website or phone number to use to determine such eligibility.
Required Minimum Programming Packages
Price with Local
Price with Local
Programming
Current
Network
Programming Package
Current
Network
Package
Price
Channels Where
price
Channels Where
Available
Available
Entertainment
$29.99/mo.
$35.98/mo.
Chinese, Greek or Russian -
$49.99/mo.
$55.98/mo.
language
News & Finance
$29.99/mo.
$35.98/mo.
Polish or Urdu -language
$49.99/mo.
$55.98/mo.
Kids & Education
$29.99/mo.
$35.98/mo.
Arabic or Portuguese -language
$59.99/mo.
$65.98/mo.
Commercial Sports
$61.99/mo.
$67.98/mo.
Hindi -language
$59.99/mo.
$65.98/mo.
Sports Package 1 or 2
$54.99/mo.
$60.98/mo.
Locals Only with a Basic$39.98
or Higher Depending on
— Public
and up
and up
International Package* Priced
International Package Selected
at $29.99 or Higher
* Basic International Packages consist of the following international programming packages: TV Globo/Record Package, TV
Globo a la carte, Israeli Platinum Package, Panorama Italiano, TV Japan, Polish Premium Pack, Bangla Mega Pack, Punjabi
Pack, Telugu Pack, Pinoy Mega Pack, German Language Plus Package, RTVURTVI+ Package,
Installation: This promotion includes standard professional installation of up to 4 receivers to up to 4 TVs, a DISH 500 antenna (or
other applicable antenna, as determined by DISH Network) and mounting hardware. Additional equipment may be required and
additional fees may apply in certain installations or with certain programming purchases. Maximum of 4 leased tuners; additional
tuners may be purchased for a maximum of 6 receivers per account, and a maximum of 15 total tuners per customer, per location.
Maximum of 2 HD non-DVR receivers per account. Maximum of 2 non -HD 2-tuner DVR receivers per account. Maximum of 2 HD
2-tuner DVR receivers per account.
Receivers: "Solo" receivers support 1 TV and contain 1 tuner (or in the case of an HD Solo DVR ViP 612, 2 tuners). Solo receiver
models include: Solo 301, Solo 311, Solo 381, HD Solo 411, HD Solo DVR ViP 211 and HD Solo DVR ViP 612. "Duo" receivers
support up to 2 TVs and contain 2 tuners. Duo receiver models include: Duo 322, HD Duo ViP 222, HD Duo ViP 222k, DuoDVRTM
522, DuoDVR 625, HD DuoDVR ViP 622, HD DuoDVR ViP 722, HD DuoDVR ViP 722k and HD DuoDVR S1ingLoadedTM ViP
922. High -definition receivers have "HD" in the name. DVR receivers have "DVR" in the name.
Fees and Payments: You agree to pay monthly by the payment due date for the programming you select and for all applicable fees.
State and local taxes and/or reimbursement charges may apply as set forth in the CCA. You have paid or you agree to pay the
following one-time lease upgrade fees, if applicable: (A) $200 for the first ViP 922 receiver; (B) $100 for a second 522, 625 or ViP
612 receiver; (C) $150 for a second ViP 622 receiver; (D) $200 for a second ViP 722 or ViP 722k receiver; and (E) $400 for a
second ViP 922. Other fees may apply as set forth in the CCA. All payments are non-refundable. All receivers selected by you
within the first 30 days following initial activation of your account will be treated for all purposes, including without limitation,
ownership and Unreturned Eauinment Charees, as selected by you under this Agreement. The following monthly fees apply:
Monthly Fees
Amount of Fee
Additional Receiver Fee
First receiver activated
Included in base programming package price.
Each HD receiver activated beyond the first
$7.00/mo.
Each SD receiver activated beyond the first
$5.00/mo.
Each HD DVR receiver activated beyond the first
$7.00/mo.
Each SD DVR receiver activated beyond the first
$5.00/mo.
In determining the Additional Receiver Fee amount, HD receivers shall be deemed activated prior to all other receivers.
DVR Service Fee
Q3 2009 DBA Agreement (RETAIL) 080109 Final, Page 2 of 3
First DVR receiver
$5.98/mo.
Each DVR receiver activated beyond the first
$5.98/mo.
TV2 Receiver,Connection Fee
First Duo receiver activated
$5.00/mo.
Each Duo receiver activated beyond the first
$5.00/mo.
This TV2 Receiver Connection Fee will be waived on a monthly basis for each Duo receiver that DISH Network confirms has
been continuously connected to your same land -based phone line and/or, solely in the case of a ViP 622, ViP 722, ViP 722k or
ViP 922 receiver, continuously connected to your same broadband network.
Alaska Dish 50OAK or Hawaii 500H Upgrade Fee
$4.99/mo.
The Alaska Dish 50OAK or Hawaii 500H Upgrade Fee applies if you receive DISH Network service in Alaska or Hawaii.
MENE
Equipment Return: You may use the equipment provided under this promotion only while you remain an active customer in good
standing and in compliance with this Agreement. You must return all such equipment in good operating condition, normal wear and
tear excepted, within 30 days following downgrade or disconnection to: (A) your original retailer, if such downgrade or
disconnection occurs during the first 180 days following your initial activation of programming; or (B) DISH Network, if such
downgrade or disconnection occurs after such 180-day period. If you are required to return your equipment to DISH Network, you
must call DISH Network at 1-800454-0843 immediately after your downgrade or disconnection to receive a return authorization
number and delivery instructions for return of your equipment. You are responsible for and shall bear all costs and expenses of
returning such equipment.
Location: If you view or directly or indirectly allow others to view: (A) programming authorized under this Agreement for use in a
Public Commercial Location in a location other than a Public Commercial Location; or (B) programmming authorized under this
Agreement for use in a Private Commercial Location in a location other than a Private Commercial Location, you agree to pay to
DISH Network, and DISH Network will automatically charge to your DISH Network account or your Qualifying Card, at our option:
(1) the difference between the amount actually DISH Network actually received for the type of location authorized under this
Agreement and the full applicable rate for such programming (regardless of whether DISH Network has distribution rights for such
programming); and (2) the total amount of any admission charges or similar fees imposed for viewing or listening to such
programming. If you have, or you directly or indirectly allow others to have, programming authorized under a single DISH Network
account for multiple receivers that are not all located in the same Public Commercial Location or Private Commercial Location, as
applicable, and connected to the same phone linelbroadband network, then you agree to pay DISH Network, and DISH Network will
automatically charge to your DISH Network account or your Qualifying Card, at our option, the difference between the amount
DISH Network actually received for the programming authorized under the single account and the full retail price for such
programming if each receiver under such single account had been authorized under a separate account.
Contact Information: If you have any billing, service or other questions, you may contact DISH Network atm comercialfeedback@dishnetwork.com, 1-800454-0843 or DISH Network, P.O. Box 9033, Littleton, CO 80160. Please do not
send payments to this address. You may request an itemization of the charges and fees applicable to the goods and services you have
selected under this Agreement by calling the toll -free number listed above. _ As_ ,.
PLEASE READ THIS IMPORTANT INFORMATION ___> Signature:
By signing above, you authorize DISH Network to charge, and/or p/ace a hold with respect to a// cancellation feels)
and unreturned equipment charge(s), or any portion thereof, that you owe under this Agreement (co/%ctive/y, the
'Authorized Amounts'9 to the credit card or debit/check card that you initially provided to DISH Network (the
"Qua/ifying Card'q until such Authorized Amounts are paid in full. You agree that the issuer of the Qualifying Card
may accept this Agreement as your authorization and may pay the Authorized Amounts without DISH Network's
submitting a signed receipt. Payment of cancellation fee(s) and/or unreturned equipment charges shall not relieve
you of your obligation to pay all unpaid charges on your account.
Attested ��ro
Marty
y OEF�CIAL RECORa
„�... 9 ""'ITARY
Q3 2009 DBA Agreement (RETAIL) 080109 Final, Page 3 of 3 TX
City Secretary
I,/ 51Z1/b
S
Page I of 1
Tidwell, Allison
From: Chandler, Gerald
Sent: Tuesday, June 01, 2010 10:50 AM
To: Tidwell, Allison
Subject: RE: DISH Network Contract
Allison...) was out of the office last week and apologize for the delay in responding. The information you are talking about
will be left blank since Mr. Higgins' signature was added as the authority from the City. We will not be placing any
information in these blocks.
As always, thank you for your assistance and have a great day.
Jerry
From: Tidwell, Allison
Sent: Tuesday, June 01, 2010 9:47 AM
To: Chandler, Gerald
Subject: DISH Network Contract
Importance: High
Jerry,
I have the purchase contract with DISH on my desk, but the business and customer info has been left blank.
Does that need to be filled out before I process?
Administrative/Records Technician
City Secretary's Office
Phone: (817) 392-6090
Fax: (817) 392-6196
www.fortworthgov.org/csec
"Individually, we are one drop. Tn,;ether, we are an ocean. "- Ityunosuke Satoro
6/1/2010