wildblue

Offers end 10/31/08 and are based on approved credit; credit card required. Credit card not required in MA and PA. New customers only (lease required). Lease fee $4.99/mo. for second and each additional receiver. ‡To access DIRECTV HD programming, a DIRECTV HD Receiver, HD television equipment, and HD Access fee ($9.99/mo.) are required. Number of HD channels varies based on package selection. *Bill Credit Offer: Savings based on $18 DIRECTV and $10 WildBlue bill credit per month for 12 months. Subject to availability, service not available in all areas. Eligibility based on service address and phone line. WildBlue billed separately. WildBlue service commitment apply. Separate appointments for DIRECTV and WildBlue installation may be required. Equipment may be required and sold separately. Startup costs, taxes and other fees may apply. Terms and conditions for WildBlue apply. Bill credits will discontinue after 12 months. DIRECTV service commitment required. OFFERS MAY NOT BE COMBINED. LIMIT ONE PROGRAMMING OFFER PER ACCOUNT. Account must be in “good standing,” as determined by DIRECTV in its sole discretion, to remain eligible for offers. **HD DVR Advanced equipment instant rebate requires activation of NFL SUNDAY TICKET and the PREMIER package. HD receiver or DVR Advanced equipment instant rebate requires activation of the CHOICE XTRA package or above; FAMILIAR ULTRA or above; Jadeworld; or any qualifying international service bundle, which shall include the PREFERRED CHOICE programming package (valued at $32.99/mo.). DVR service commitment ($5.99/mo.) required for DVR and HD DVR lease; HD Access fee ($9.99/mo.) required for HD and HD DVR lease. LIMIT ONE ADVANCED EQUIPMENT REBATE PER DIRECTV ACCOUNT. Full Offer Details>>

Please read and understand the full Terms and Conditions for the Expert Satellite/WilBlue Refer a Friend Program.

PARTNER AGREEMENT

For the purposes of this Expert Satellite/WildBlue Refer a Friend Agreement (the "Agreement"), Expert Satellite, Inc. shall be known as ("ES"), and the referring individual or company shall be known as ("PARTNER"). ES and PARTNER are hereinafter each referred to as a “Party” and collectively referred to as the "Parties”.

RECITALS

WHEREAS, PARTNER markets products and services and is interested in offering a WildBlue System promotion program (the “Program”);

WHEREAS, ES is a certified, authorized WildBlue retailer in good standing which operates a business, including an online store, that offers WildBlue Systems (the ”Product”); and

WHEREAS, PARTNER is desirous of offering the Product to its customers (the “Customers”);

NOW THEREFORE, to implement the foregoing and in consideration of the mutual agreements contained herein, the Parties agree as follows:

TERMS

A. Responsibilities of Expert Satellite, Inc.
Product Fulfillment: ES will arrange for professional installer to provide the customer with a choice of installation dates. All inquiries and orders must be placed directly with ES by the customer - PARTNER shall NOT contact ES on behalf of the customer, collect personal data such as social security number and credit card information.

PARTNER shall not use any Program consisting of any unapproved websites and URLs, unapproved paid search engine listings, E-mail marketing, voicemail broadcasting, fax broadcasting, directory or yellow pages advertising including 411-type services, contextual-type advertising that utilizes pop-up or pop-under technology or any form of live or automated outbound telemarketing or broadcasting without the express written permission from ES in the form of an Addendum to this Agreement signed by both parties. The use of any of these prohibited marketing vehicles and/or the use of creative materials, including search engine listings which have not been approved by ES will result in PARTNER’s forfeiture of all related payments outlined in Section C.
The use of any of these prohibited marketing vehicles and/or the use of creative materials, including search engine listings which have not been approved by ES will result in PARTNER’s forfeiture of all related payments outlined in Section C.

C. Consideration
In consideration for sales generated through the Refer a Friend Program, ES will pay to PARTNER a commission of fifty dollars ($50.00) for each New WildBlue Customer acquired through the Program. “New WildBlue Customer” shall mean a first-time WildBlue customer, as defined by WildBlue, who has activated a new WildBlue High-Speed Internet Service.

A partner will earn a commission for delivering a customer to ES after the customer activates their new WildBlue service. The customer must remain active for sixty (60) days or the commission will be charged back to the partner in the form of a deduction on a subsequent payment.

Customer must give PARTNER’s phone number to the ES sales agent at the time each WildBlue order is placed. Phone numbers can not be added or changed after the order has been entered into the ES system.

Payments to PARTNER shall be made via company check within fifteen (15) days of the last day of the month during which the Customer activations to which the payment is attributable were completed. ES shall have the right to setoff against the payment owed to the PARTNER an amount equal to any sums due ES from the PARTNER.

D. Term
Agreement will be automatically renewed for additional terms of ninety (90) days (each, a “Renewal Term”; each Renewal Term, together with the “Initial Term”, the “Term”) from the end of the Initial Term and any subsequent Renewal Term.  This Agreement may be terminated by either Party: (a) immediately, upon notice, in the event of fraud, bankruptcy, insolvency, liquidation, or willful misconduct by the other Party; (b) upon ten (10) days notice to the other Party in the event of a material breach by the other Party which is not cured within such ten (10) day period (unless such breach is not susceptible to cure, in which case there shall be no cure period) or (c) without cause, upon ten (10) days notice to the other Party .  In the event ES terminates this Agreement without cause, PARTNER will be entitled to receive the consideration further described in Section C hereof for the period in which the Program is in place. 

As an ES partner, PARTNER must explicitly adhere to the terms and conditions of this agreement.  As such, Expert Satellite will enforce a ZERO TOLERANCE POLICY; i.e., should you fail to adhere to these terms and conditions outlined in this agreement, all of PARTNER’s marketing activities must cease immediately and any and all commissions due will be forfeited.

ES also reserves the right to rescind this contract immediately if directed to do so by DIRECTV. 

E. Representations and Warranties
The Parties represent and warrant that (i) they are companies duly organized and in good standing within their respective jurisdictions (ii) this Agreement has been duly authorized, executed and delivered; and (iii) this Agreement, when executed does not violate any existing agreements to which the Parties are otherwise bound.

F. Indemnification 
indemnify and hold its officers, directors, employees, agents “Indemnified from and against any and all, claims, damages, liabilities, costs, suits and expenses (including reasonable fees) that may be suffered

G. Binding Effect
The provisions of this Agreement shall be binding upon and accrue to the benefit of the Parties and their respective heirs, legal representatives, successors and assigns.  Neither Party shall assign this Agreement without the express written consent of the other Party.

H. Amendment
Only a written instrument signed by the Parties hereto may amend this Agreement.

I. Applicable Law
The laws of the Commonwealth of Massachusetts shall govern the interpretation, validity and performance of the terms of this Agreement. Any and all actions, suits or proceedings shall be brought in the Commonwealth of Massachusetts.  The Parties hereby consent to jurisdiction and proper venue in the Commonwealth of Massachusetts.

J. Arbitration
Any dispute arising out of or relating to this Agreement, including any issues relating to arbitrability or the scope of this arbitration clause, will be finally settled by arbitration in the accordance with the rules of the American Arbitration Association and the United States Arbitration Act.  Judgment upon the award rendered by the arbitrator(s) may be entered by any court with jurisdiction.  The arbitration will be held in Boston, Massachusetts.

K. Enforcement
The failure of either Party to insist upon strict performance of a provision or to exercise any right hereunder shall not be construed as a waiver of such Party’s right to rely on such provision or assert any such right in that or any other instance. 

L. Survival
All terms and provisions hereof which should by their nature survive the expiration or earlier termination of this Agreement shall so survive.

M. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed one and the same instrument.  A facsimile transmission of this Agreement bearing a Party’s signature shall be legal and binding on such party

N. Severability
The invalidity or illegality of any portion of this Agreement shall not affect the validity or legality of any other provisions.

O. Relationship
Neither Party shall be or represent itself to be an agent, employee or joint venture of the other, nor shall either Party have or represent itself to have any power or authority to act for, bind or commit the other. 

P. Confidentiality
Confidential Information includes all business, personal, strategic and technical information or data, in any form whatsoever, disclosed to or received by you pursuant to the delivery of the Services (whether in writing, verbally, or by any other means and whether directly or indirectly). This includes, by way of example and not limitation, the terms of this Agreement, all information pertaining to the affairs, polices, products, software, operations, processes, costs, pricing methods, personnel, plans or intentions, product information, know-how, intellectual property, design rights, trades secrets, market opportunities and business affairs of Expert Satellite.

Any and all Confidential Information received by you from us shall be held and kept confidential by you and shall be used by you solely for the strict purpose of performing your obligations pursuant to the Agreement. Confidential Information shall not be disclosed by you to any third party except with, and on the terms of, prior written consent of Expert Satellite or as required by law.

Expert Satellite’s Confidential Information remains our property and no right, entitlement or interest in our Confidential Information is extended or conveyed to you.  At our request, and upon termination of this Agreement, you must ensure that all our Confidential Information is either destroyed or returned as requested, and must, if requested by us, forthwith certify in writing that this has occurred.

The terms of this Confidentiality clause shall survive the termination of this Agreement.

Q. Notices
All notices and other communications provided from herein shall be in writing and shall be deemed to have duly given if delivered by hand or sent by registered or certified mail, to the Party to whom it is directed.

Do you and your family own a remote vacation home? It’s very possible that you still crave a connection to the outside world while you’re there. It’s always nice to get away, but while away it’s also nice to be able to access the Internet. Most people don’t want to be complete hermits, even when on vacation. WildBlue meets you wherever you are. No place is too far out of the way, and the only requirement is that the satellite dish be placed within view of the southern sky.

Connecting vacation homes to the outside world

While at your vacation home you might want to check on an airline flight, e-mail your friends or do some research or surfing on the Internet. You might also want to download photos from your vacation, videos or music. In this case, there’s no comparison to WildBlue -- it is many times faster than the competition. Convenience comes in many forms. WIldBlue also gives you the option of surfing the Internet while talking on the phone by not tying up your phone line like dial-up does. Quick e-mail connections allow you to e-mail friends and stay in touch with them.

WildBlue -- compatible with your lifestyle

Installation is now free and even far away vacation homes are on our technicians’ path. Service is prompt and reliable, so you won’t have to wait until you’re about to leave and return to the real world again. Even if dial-up or cable companies do provide service in your area, signing up with them leads to a frustrating series of signal delays or unreliable connections. When you’re at your vacation home you don’t want any hassles. WildBlue is fast, reliable, affordable and compatible with the lifestyle you’ve come to enjoy.

WildBlue is high speed satellite internet designed for small business owners like you. Offering a long list of internet-related functions, WildBlue will let you carry your business to the next level and leave you free to concentrate on what matters most -- the nitty gritty of marketing, business strategy and more. Meanwhile, WildBlue takes care of the technical stuff. It gives you an always-on connection with lightning fast speeds, including download speeds up to 1.5 Mbps and upload speeds up to 256 Kbps.

WildBlue satellite internet as business tool

As a small business owner, several things are important and WildBlue ranks high on them all. First of all, WildBlue lets you keep your phone line free so that you can talk on the phone while surfing the web. This makes sense from both a time and a productivity perspective. You also need advantages such as reliability, speed and a technically sound system, all of which are inherently part of WildBlue. Another great feature is that WildBlue doesn’t require any software or logging in and out and you’ll get web space to move your business in the right direction.

WildBlue reliable for business in rural and other areas

As a small business owner, you may live in an urban, suburban or rural area. In either case, WildBlue is accessible to you across the 48 contiguous states. Installation is included (not true with dial-up services) and this will save you and your business even more money! Everyone’s heard about how unreliable cable is and about the hassles of dial-up. So why choose it for your business? Don’t gamble with your productivity. Instead, choose WildBlue and sit back and attend to the big picture of your business.

The days of the traditional red schoolhouse are gone! Large numbers of children are now being homeschooled and colleges are even offering many online programs. Education is truly putting on some new faces, and WildBlue high-speed internet works well with emerging educational models. Considering all of its features, WildBlue high-speed internet is an excellent choice for mothers who homeschool their children.

WildBlue's always-on connection for homeschooling

Teaching children how to use the internet and research information is a top priority in today’s computer-centered world! When homeschooling, you want a reliable internet connection with an always-on connection. This makes all the difference.

WildBlue lets you as a parent research and download the best educational materials for homeschooling, meeting an array of educational goals. Moreover, your kids can do research, download photos for reports and watch educational videos as part of the homeschooling process -- all at high speeds that will make the most of their time. They can also connect to other homeschooled children via e-mail to collaborate on interesting projects.

WildBlue beats the competition

Dial-up service will cause you to lose time because you’ll have to deal with frustrating delays and “bump-off” scenarios. By tapping into WildBlue, you’ll make the most of your time. And even if you’re homeschooling your children in rural areas, WildBlue is almost guaranteed to reach you anywhere across the 48 contiguous states. WildBlue and homeschooling work right in tandem with each other to create a positive educational experience outside of the typical school building.

Don’t people always say that success has to do with connections and hard work!?! What’s been missing for farmers has been the ability to connect with other farmers and the valuable information they need. But now there’s a solution. Rural farmers can connect with other farmers using WildBlue high-speed internet! It fills the information void and connects farmers with forums on important topics that relate to their productivity.

WildBlue high-speed internet reaches rural farms 

Are you a farmer whose communication system needs an upgrade or do you currently lack access to the internet? Do you live in a remote area where you don’t have access to cable or dial-up companies? If you do happen to live in one of the 5% of rural areas where you can receive high-speed internet access from other companies, it’s likely to be many times more expensive! But WildBlue is available to farmers like you at reasonable prices -- no matter how far off the beaten path. WildBlue offers satellite internet service virtually anywhere in the country, across 48 contiguous states and in rural or non-rural areas! The only requirement is a clear view of the southern sky!

WildBlue features for farmers

Let’s face it, business depends on communication. And communication depends on being able to reliably access the internet, use e-mail and more. For a farmer to stay competitive, he needs to stay ahead of the game in terms of weather conditions and potential problems with crops. Farmers also need to understand trends in market prices and stay informed on product information.

It’s not just e-mail access that fellow farmers are raving about! WildBlue offers technology that does the trick for business, including web space, fast upload, and download speeds, virus scanning and much more. According to the Department of Agriculture, 30% of farmers now have access to high-speed internet. This is a growing trend that should keep going because it will give farmers the competitive edge they deserve!

With Mother Nature so often in control and creating havoc, it’s good to know that farmers can count on something. WildBlue means an instantaneous connection with other farmers and access to relevant information. WildBlue means steering your business toward success.