Terms & Conditions

dishnetwork.me, Matrix Inc is an Authorized Retailer for DISH Network/EchoStar Communications Corporation. By placing your order by phone or via the Internet with dishnetwork.me (www.dishnetwork.me), you are agreeing to the following terms and conditions governing your purchase of merchandise and/or services from dishnetwork.me. You further acknowledge that you are a first-time DISH Network residential customer. By placing your order, you are creating a legally binding contract with dishnetwork.me. If you do not agree to these terms, please do not order from dishnetwork.me.

Definitions
As used herein, the word "agreement" shall mean the Order Form you just completed and these Terms and Conditions of Purchase (including any terms incorporated by hyperlink). The words "you", "your", and "customer" shall mean the person completing this transaction.

Payment
You state that you are the authorized cardholder or that you have been authorized by the cardholder to use the credit card for payment. As an alternative form of payment you may be able to purchase a prepaid debit card via check by phone. If the check by phone payment is dishonored, rejected, or later contested for any reason, you agree to pay the full amount to dishnetwork.me plus any 3rd party collection costs. If you purchase a prepaid debit card and do not get DISH Network service for any reason, all refunds for those orders will only be processed back to the debit card.

The Order
Upon acceptance of your order by dishnetwork.me and receipt of your $49.99 deposit/activation fee (refunded on your first month's programming bill), dishnetwork.me will process your order and provide you an installation date for free standard professional installation to be performed through the DISH Network.

dishnetwork.me Early Termination of Service Fee
You agree to a monthly programming package which includes a minimum of DishFAMILY, America's Top 100, DishLATINO, or Great Wall programming service, and agree to not terminate such service for any reason during your 18 (eighteen) month service commitment. This 18-month service commitment is part of your agreement with dishnetwork.me, and shall be binding upon you even if you choose a "no contract" option with DISH Network. If service is terminated or downgraded below DishFAMILY or DishLATINO prior to eighteen months, or if you elect to use DISH Network's "Dish Pause" service prior to six months, you agree to pay dishnetwork.me a termination fee of $295. Your use of the services provided by dishnetwork.me and DISH Network shall confirm your acknowledgment of this fee.

DISH Network Subscription
You understand that dishnetwork.me is not DISH Network but is an authorized DISH Network dealer/reseller. You agree to be bound by the terms of the DISH Network Residential Agreement found here.

Default
In the event you default on your obligations under this agreement, you authorize dishnetwork.me to charge your credit card $295.00. In the event you contest this amount or the charge is dishonored or rejected for any reason, dishnetwork.me shall have the right to report the matter to national credit reporting agencies and may pursue any other legal remedy. You further agree to pay any 3rd party collection costs.

Warranty
dishnetwork.me hereby disclaims all warranties, whether express or implied, including the warranties of merchantability and the warranty of fitness for a particular use. dishnetwork.me does not warranty or guaranty any DISH Network receivers or components and all warranty work must be done in accordance with the manufacturer's warranty found here.

Limitation of Liability
In no event shall dishnetwork.me be responsible for incidental or consequential damages arising by reason of your purchase of merchandise or services from dishnetwork.me. dishnetwork.me's maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you to dishnetwork.me.

Indemnity
You agree to indemnify and hold harmless dishnetwork.me against any costs, fines, claims, damages, charges, or fees (including reasonable attorney's fees) arising by reason of your purchase, the installation or use of the satellite equipment you are purchasing.

Notices
If notice is required, you agree to notify dishnetwork.me by e-mail at support@dishnetwork.me or by writing to:

dishnetwork.me, Matrix Inc
3040 W. Republic Rd., Ste. A
Springfield, MO 65807

Notice will be deemed given when received by dishnetwork.me. dishnetwork.me will not be liable for problems caused by misdirected or undelivered e-mail or postal mail. dishnetwork.me will direct all correspondence to you at the postal address or email address provided on the Order Form unless you notify us of a change of address.

Enforcement of This Agreement
This agreement shall be governed by and interpreted in accordance with the laws of the State of Missouri, excluding its conflict of laws provisions. Any dispute under or in connection with this Agreement or any of the transaction contemplated herein shall be subject to the exclusive jurisdiction of and the personal jurisdiction within the state and federal courts within Greene County, Missouri. You hereby waive any objection you may have to personal jurisdiction in such courts. In the event you default on the terms of this agreement, you agree to pay to dishnetwork.me all costs, fees and expenses including reasonable attorney's fees.

Use of Electronic Records
You agree to dishnetwork.me's use of electronic records to evidence this agreement. You understand that you have the right to not consent to the use of electronic records by not transacting business with dishnetwork.me. In such event, this will be null and void. Your consent applies only to this transaction. You hereby waive any objection you may have to dishnetwork.me's use of electronic records in court should it be necessary for dishnetwork.me to enforce the terms of this agreement.

Miscellaneous Matters
This agreement constitutes the entire understanding of the parties with regard to your purchase. All prior representations, oral or written, and all prior agreements, oral or written, having been merged into this agreement. This agreement or any portion hereof shall not be construed against the drafting party by reason of that party having drafted the agreement or portion hereof. If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. In all matters contained in this agreement, time is of the essence.

BY ORDERING FROM dishnetwork.me, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.

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 AGREEING TO THESE TERMS AND CONDITIONS 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:

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
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 $29.99/mo. or $34.99/mo. with local network channels where available, in each case including rental of one receiver), DishLATINO (currently $24.99/mo. or $29.99/mo. with local network channels where available, in each case including rental of one receiver), or Great Wall TV Package (currently $29.99/mo. or $34.99/mo. with local network channels where available, in each case including rental of one receiver) as your minimum subscription level at all times
Programming and other payments applicable to the purchase of pay-per-view or video-on-demand programming, the lease upgrade fee (if applicable) of up to $99.00 (if applicable) for the second model 522, 625 or AT&T Homezone 1022 receiver, equipment rental fees, DISH Network DVR service fees, additional outlet programming access fees, HD enabling fees, and corresponding taxes and/or reimbursement charges are non-refundable
That an activation fee of $49.99 plus applicable sales taxes and/or reimbursement charges must be paid prior to installation. This fee will be refunded on your first month's programming bill.
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
That you are committing to an 18-month programming agreement as described below, and thata prorated cancellation fee of $240.00 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.

$100 DishLATINO / DishINTERNATIONAL Savings Offer

$100 savings offer requires subscription to DishLATINO or higher programming, the Great Wall package, or DishFAMILY plus international programming priced at $29.99 or more. Customer must mail in redemption form and copy of first bill. Customer will receive $10.00 credit each month for up to 10 consecutive months.

DishHD $120 Savings Offer

$120 savings offer requires subscription to DishHD programming. The $120 savings will show up as 6 monthly credits of $20.00 each.

HBO / Cinemax Free For 3 Months

Customer who subscribe to DishFAMILY or higher, DishLATINO or higher, DishDVR Advantage w/AT100 or higher, or the Great Wall package are eligible to receive HBO & Cinemax free for 3 months. After 3 free months, customer must call to downgrade or then-current price will apply.

Equipment and Installation

Standard Professional Installation includes typical installation of one 20" dish antenna, typical hook-up of up to 4 receivers to up to 4 TVs and equipment testing. More complex installations may require additional fees; other installation restrictions apply.

DISH Home Protection Plan ("DHPP")

DHPP is an optional service program that is currently priced at $5.99 per month. DHPP is not currently available to subscribers who are billed by Southwestern Bell Video Service, Matrix Inc (dba AT&T Home Entertainment) for the DISH Network services provided under this Agreement and may not be available to such subscribers in the future. DHPP includes: a) a priority technical service support telephone number available 24 hours per day/7 days per week; b) free shipping for repair or replacement of defective receiver equipment (including DVR and HD receivers); c) video cabling and power surge repairs to DISH Network equipment; d) discounted in home service calls currently priced at $29.00 (regularly $99.00); and e) one free DISH Mover (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 and Cancellation Fee

You agree to an eighteen (18) month contract term, which includes 12 months of the DISH Home Protection Plan (DHPP). By agreeing to this 18 month contract term, you agree to purchase DishFAMILY, America's Top 100, DishLATINO, or Great Wall TV Package as your minimum subscription level for eighteen (18) 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, or Great Wall TV 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 $13.33 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. In the event that at any time during the Initial Term you are eligible to 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 (1) 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 August 15th, 2007 and January 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 six (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 six-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 electronically accepts this Agreement; (3) provides DISH Network with the Social Security number issued to the customer who electronically accepts 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 (1) participant is allowed per household. This offer may not be combined with any other offer. Standard professional installation of up to four (4) receivers to up to four (4) televisions, a DISH 500 antenna (or other applicable antenna as 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 four (4) total tuners per account. Maximum of two (2) model ViP211 receivers per account. Maximum of two (2) model 522 or 625 receivers per account. Maximum of one (1) model ViP622 or 722 DVR receiver per account. Maximum of one (1) model 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, Americaâs Top 100, DishLATINO, 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 network 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 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 $6.00 per month (in the case of a model 411, ViP211, ViP222, ViP622, or ViP722 DVR receiver) or $5.00 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 $6.00 per month (in the case of a model 411, ViP211, ViP222, ViP622 or ViP722 DVR receiver) or $5.00 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, ViP622 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, ViP622, or ViP722 DVR or HomeZone 1022 receiver activated. This fee will not apply with respect to one (1) 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 $5.00 per month additional outlet programming access fee will be charged to your account for each dual tuner receiver (models 322, 522, 625, ViP222, ViP622, or ViP722 DVR and HomeZone 1022) 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 Networkâs 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 $6.00 per month HD enabling fee will be charged to your account if any model 411, ViP211, ViP222, ViP622 or ViP722 DVR receiver is activated. This fee will be waived on a monthly basis if you subscribe to DishHD or HD Pak (only available to residents of Alaska and Hawaii).

The lease upgrade fee of up to $99.00 for the second model 522, 625 or HomeZone 1022 receiver is not a deposit and is 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 agrees to the eighteen month agreement by Electronic Eighteen Month Agreement Acceptance. 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 thirty (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, Americaâs Top 100, DishLATINO, or Great Wall TV Package, or your service is otherwise disconnected for any reason at any time. WITHIN FIFTEEN (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 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 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 ViP622 or ViP722 DVR receiver, $400.00; model ViP222, 625, 522 or HomeZone 1022 receiver, $300.00; model 322, 411 or ViP211 receiver, $200.00; model 111, 301, 311, or 381 receiver, $100.00; outdoor LNBF and quad switch, $100.00.

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 âAuthorized Amountsâ), 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 âCredit Cardâ), 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 Networkâs AutoPay (âAutoPayâ) or Electronic Funds Transfer (âEFTâ) 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.