TERMS AND CONDITIONS
General Terms. This promotion offers eligible existing residential DISH Network subscribers the opportunity to exchange equipment and/or select additional equipment (in each case subject to the terms and conditions of this Agreement, including without limitation, the equipment limitations). This promotion allows you to use the satellite receiver(s), smart card(s) and remote control(s) you select (collectively, the "Receiver(s)") while you remain an active DISH Network customer in good standing and in compliance with this Agreement. This Agreement applies to the DISH’n It Up Promotion only and does not replace or change any prior written agreement between you and DISH Network. Any such agreement remains in full force and effect. If you return a currently-activated DISH Network receiver owned by you in exchange for a receiver provided under this promotion, you will receive a $25 credit on your account. This credit will be applied after the receiver you are returning has been received and processed by DISH Network. Upon notification to DISH Network that you intend to exchange a Receiver(s) owned by you and deactivation of such Receiver(s), DISH Network will send you a postage pre-paid bo
es) in which to ship the Receiver(s) back to DISH Network. Returning Receiver(s) is your responsibility. In order to be eligible for the $25 credit for exchange of an owned Receiver(s), such Receiver(s) must be received by DISH Network within 45 days of deactivation. If you return a Receiver previously leased by you in exchange for a Receiver provided under this promotion, you must return the previously-leased Receiver directly to DISH Network. No credits will be issued for an exchange of a previously-leased Receiver. Low noise block converters with integrated feeds (if any) and switches (if any) provided by DISH Network under this Agreement shall be treated as if they were selected by you under your original promotion agreement with DISH Network for all purposes related to their ownership and shall be subject to the return requirements (if any) set forth therein with respect to such equipment.
Eligibility. Services and equipment must be ordered, installed, and activated between and including February 1, 2006 and April 30, 2006. This offer is limited to existing residential DISH Network customers 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; and (3) receive credit approval. Standard professional installation of up to two tuners is included. In certain installations, additional equipment may be required and additional fees may apply. Maximum of one model ViP211 or 411 receiver per DISH’n It Up transaction. Maximum of four total leased tuners per account (including without limitation previously-leased equipment). Maximum of one model ViP622 DVR receiver per DISH’n It Up transaction. Only one participant is allowed per household. Participation is limited to one DISH’n It Up transaction in any twelve (12) month period. DISH Network shall determine eligibility for participation, including without limitation, the number and type of receivers and other equipment (if applicable) 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 60, DishLATINO, or Great Wall TV Package is required at all times.
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 non-refundable equipment rental fee of $6.00 per month (in the case of a model 411, ViP211 or ViP622 DVR receiver) or $5.00 per month (in all other cases) will be charged to your account for each Receiver added to your account (or exchanged for a Receiver you owned) under this promotion; 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. This fee will be waived if you subscribe to America’s “Everything” Pak, Latino “Everything” Pak, DishHD Platinum or DishLATINO HD Platinum; Additional Outlet Programming Access Fee: A $5.00 per month additional outlet programming access fee will be charged to your account for each dual tuner receiver (models 522, 625, and ViP622 DVR). 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; HD Enabling Fee: A non-refundable $6.00 per month HD enabling fee will be charged to your account if any model 411, ViP211 or ViP622 DVR receiver is activated and enabled with the capacity to receive high definition programming (including without limitation via an off-air antenna). 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 800-333-DISH to request that we disable the high definition functionality on your receiver(s). The installation fee, the equipment handling fee, and the lease upgrade fee are not deposits and are non-refundable. 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.
Term Agreement and Cancellation Fee. You agree to purchase DishFAMILY, America’s Top 60, DishLATINO, or Great Wall TV Package, as your minimum subscription level for eighteen (18) months from the date of initial activation of any of the Receivers provided to you under this promotion (“Eighteen-Month Term”). If after activation, but before the end of the Eighteen-Month Term, you elect to terminate this Agreement or downgrade your programming below the required minimum programming package of DishFAMILY, America’s Top 60, DishLATINO, or Great Wall TV Package, or your service is disconnected for any reason, and all programming and other fees and charges for the Eighteen-Month 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 $13.33 multiplied by the number of months remaining in the Eighteen-Month Term to your DISH Network account or your Credit Card as defined below, at our option.
Unreturned Equipment Charges. The satellite receivers, smart cards, and remote controls provided by DISH Network pursuant to this Agreement are the property of DISH Network at all times and must be returned to DISH Network if you elect to terminate this Agreement or downgrade your programming below the required minimum programming package of DishFAMILY, America’s Top 60, DishLATINO, or Great Wall TV Package, or your service is otherwise disconnected for any reason at any time. Immediately following such termination, downgrade, or disconnection, you agree to call DISH Network at 1-888-220-3474 to receive a return authorization number and delivery instructions for the return of all such satellite receivers, smart cards, and remote controls. WITHIN 15 DAYS OF SUCH TERMINATION, DOWNGRADE, OR DISCONNECTION, YOU AGREE TO RETURN ALL SUCH SATELLITE RECEIVERS, SMART CARDS, AND REMOTE CONTROLS IN GOOD OPERATING CONDITION, NORMAL WEAR AND TEAR EXCEPTED, TO DISH NETWORK. The low noise block converters with integrated feeds (if any) and switches (if any) provided by DISH Network under this promotion shall be treated as if they were selected by you under your original promotion agreement with DISH Network for all purposes related to their ownership and shall be subject to the return requirements (if any) set forth therein with respect to such equipment. You are responsible for and shall bear all costs and expenses to return such satellite receivers, smart cards, and remote controls. If you fail to return the satellite receivers, smart cards, and remote controls 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 (i.e., per each corresponding receiver, smart card, and remote control set) not returned in full as follows (in each case and collectively, the "Unreturned Equipment Charge"):
Model ViP622 DVR receiver $400
Model 522 or 625 receiver $300
Model ViP211, 411, or 510 receiver $200
Model 301 or 311 receiver $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.
Contact Information. You may reach DISH Network by e-mail at
feedback@customermail.dishnetwork.com, or write us at DISH Network, P.O. Box 9033, Littleton, CO 80160. Please do not send payments to this address.
