Wayne & Jeff Wheeler
671 Clyde Street
Newport, VT 05855
(802) 334-8823





Digital Home Advantage Terms and Conditions

PLEASE READ

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 G uide. BY CLICKING ON THE “ACCEPT TERMS” BUTTON BELOW, 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: 1) 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 ; 2) you must purchase America’s Top 60 (currently $31.99/mo. including rental of one receiver), DISH Latino (currently $29.99/mo. including rental of one receiver), or Great Wall TV Package (currently $34.99/mo. including rental of one receiver) as your minimum subscription level at all times; 3) the $250 lease upgrade fee (if applicable) for the model 942 receiver, and programming payments, are non-refundable; 4) that a non-refundable activation fee of $49.99 plus applicable sales tax must be paid prior to installation (and that 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 COMMITMENT PERIOD TO WHICH YOU HAVE AGREED.

General. This promotion offers eligible new residential DISH Network subscribers the opportunity to lease certain equipment and purchase certain services, subject to the terms and conditions set forth in this Agreement.

Eligibility. Services and equipment must be ordered, installed, and activated between and including February 1, 2005 and July 31, 2005 . This offer is limited to new, first-time residential DISH Network subscribers who: (1) reside in the continental United States or Hawaii; (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 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 four receivers (or only up to two receivers for subscribers who purchase International programming other than Great Wall TV Package) to up to four televisions, a DISH 500 antenna (or a SuperDISH antenna where required for local channel packages or International programming, or a 24-inch or larger DISH 300 antenna for residents of Hawaii) and mounting hardware is included. In certain installations, additional equipment may be required and additional fees may apply. For installations performed for residents in Hawaii who purchase America ’s Top 180, DISH Latino, DISH Latino Dos, DISH Latino Max, or any programming package which includes high definition programming, additional equipment will be required and additional fees may apply. For installations performed for residents in the continental United States who purchase International programming broadcast from a wing satellite (61.5 or 148) location, an additional purchase of a second antenna will be required and additional fees may apply. Maximum of four total tuners per account. Maximum of one model 522 receiver per account. Maximum of one model 942 receiver per account. Maximum of two model 811 receivers per account. DISH Network shall determine eligibility for participation, including without limitation the number 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 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 are included where available.

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: Equipment Rental Fee: A $5.00 equipment rental fee for the first receiver activated is included in the promotional base programming package price. An additional equipment rental fee of $5.00 per month will be charged to your account for each receiver activated beyond the first; DISH Network DVR Service Fee: A $4.98 per month DISH Network DVR service fee will be charged to your account for each model 510, 522, or 942 receiver activated. This fee will be waived if you subscribe to America ’s “Everything” Pak or the Latino “Everything” Pak; Additional Outlet Programming Access Fee: A $4.99 per month additional outlet programming access fee will be charged to your account for each dual tuner receiver (models 322, 522, and 942) 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. DISH Network’s confirmation process shall be the sole method utilized to determine if your additional outlet programming access fee(s) will be waived. The $250 lease upgrade fee for the model 942 receiver is not a deposit and is non-refundable. The $49.99 activation fee is non-refundable but will be credited on your first account billing statement. Other fees may apply as set forth in the Residential Customer Agreement.

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 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 America’s Top 60, DISH Latino, or Great Wall TV Package, 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: (1) 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 (2) 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 1(802)334-8823 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 FAIL TO 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 942 receiver, $450; model 522 receiver, $300; model 322, 510, and 811 receivers, $200; model 111, 301, and 311 receivers, $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 card that you initially provided to DISH Network and/ or to any other credit card or debit 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 Credit Card AutoPay (“CCA”) 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 or account provided by you to DISH Network pursuant to such CCA or EFT program.
ACCEPT TERMS