ACCEPTED: MARLIN CENTRAL MONITORING LLC EF License # 20000365
SUBSCRIBER INFORMATION AND MONITORING AGREEMENT
SUBSCRIBER INFORMATION DEALER INFORMATION
Account # Dealer Name:
Premises Address: Test Timer? Yes No Interval
City, State, Zip Code: PASSWORD/CODE #
Premises Phone # ( ) Panel Phone # ( ) EMERGENCY CONTACT LIST
Responding Police Notify One of the Emergency Contacts in the Order Listed. Specify
Responding Authority in Call Sequence:
Dept. Name: Phone# ( )
(Specify appropriate call sequence in Emergency Call List)
Responding Fire 1.
Dept. Name: Phone# ( ) 2.
(Specify appropriate call sequence in Emergency Call List) 3.
Panel Model: / 5.
Handshake/Format: / 6.
PASS CARD LIST
Subdivision or Complex Name:
If the persons having access to the Premises use an ID# or Code # other than the
Nearest Cross Street:
Password Name Audible? Yes No
Manual Reset or Auto Cut Off in _____Minutes
3. ________________ ALARM REPORTING CODE INFORMATION
5. ________________ _______
6. ________________ _______
Check Here And Attach Additional Pages If More Space Is Needed. _______
* ONLY IF THIS A SUPERVISED OPEN /CLOSE ACCOUNT* _______
Notifications: Weekly Monthly by _______
Fax ( )___________ Email( )___________ Mail _______
Day Earliest Open: Latest Close: _______
ADDITIONAL INFORMATION _______
MCM will prorate the monthly service fee for the month that a new Account is placed on- _______
line. MCM will also prorate the monthly service fee for the month a Subscriber Account is _________________________________________________
taken off-line. SUBSCRIBER’S/BUYER RIGHT TO CANCEL: This is a home
Monthly Fee for Services $ solicitation sale, and if you do not want the goods or services, you may
cancel this agreement by providing written notice to the seller in
ADDITIONAL SERVICES person, by telegram, or by mail. This notice must indicate that you do
$_______ Kid Safe not want the goods or services and must be delivered or postmarked
before midnight of the third business day after you sign this agreement.
$_______ Unsupervised Open/Closing (Log Only) If you cancel this agreement, the seller may not keep all or part of any
$_______ Supervised Open/Closings cash down payment. This right to cancel applies to consumer contracts
$_______ Fire with 24 hour supervised test Subject to the terms and conditions of this agreement (including those
$_______ UL Supervised Open/Closings on the reverse side or attached hereto).
$_______ 2 Way Voice (Listen in)
Subscriber signs below and acknowledges having read this agreement
$_______ Elevator Phone and agrees and accepts the terms and conditions thereof. Subscriber
$_______ Monthly, Bi-weekly and Weekly alarm activity reports further acknowledges receipt of a copy of this agreement.
$_______ Alarmnet Cellular
SUBJECT TO ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS PAGE
Marlin Central Monitoring
SUBSCRIBER INFORMATION SHEET – ADDITIONAL TERMS AND CONDITIONS
Subscriber and Subscriber’s Dealer have entered into a written agreement (“Install Agreement”) for the installation and maintenance of a Security System, (hereinafter “System”). Subscriber
acknowledges that Dealer is an independent contractor and there is no relationship between MCM and Dealer as it pertains to monitoring and alarm services unless expressly set forth in a contract
between MCM and Dealer (“Dealer Contract:”). None of the equipment installed at Subscriber’s Premises is the property of MCM nor has MCM approved or disapproved thereof, and MCM has made
no warranties, representations, or agreements regarding the equipment, nor has MCM participated in the manufacture, design, or installation of the alarm equipment or alarm system. MCM has no
responsibility for the condition or operation of the System or the alarm equipment and MCM is not responsible for maintenance, service, or repair of said System or equipment. Subscriber agrees and
acknowledges that MCM shall not be responsible for equipment failure which prevents signal from reaching MCM. MCM and Subscriber have agreed to enter into this Alarm Monitoring Agreement
(“AMA”), which expressly incorporates the terms and conditions on the reverse side of this document, to provide monitoring services for the System.
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein.
TERMS AND CONDITIONS
1. Monitoring Services. Subscriber agrees that MCM’s sole obligation under this AMA, the “Services, ” shall be to make reasonable efforts to notify by telephone the governmental agency or
the telephone number supplied by Subscriber in writing (“Designated Persons”) upon receipt of signals transmitted from the System which are codes identified in writing (“Listed Codes”) or voice
communications received from the Subscriber’s Premises. Subscriber changes and revisions (collectively, in this paragraph, “Changes”) shall be effective within a reasonable time after MCM’s
receipt of such Changes, but MCM will use best efforts to make such Changes effective as follows: a) if made by telephone call with verified password or electronically using Subscriber’s account on
MCM’s website, within one (1) hour of MCM’s receipt of the request; b) if made from Subscriber’s designated email address, or fax or other writing signed by Subscriber, within twenty-four (24) hours
of MCM’s receipt of the request. Subscriber agrees and acknowledges that when MCM may rely upon any Changes provided to MCM in the manner described herein. MCM shall not be responsible
for errors or mistakes in any names or telephone numbers supplied by Subscriber. Subscriber hereby affirms that it is Subscriber’s sole responsibility to ensure that only Subscriber shall make
Changes to Subscriber’s account and Subscriber consents to any and all Changes provided to and effectuated by MCM in the methods described herein. MCM shall render no monitoring service for
signals received which are not Listed Codes or for a voice communication which does not request assistance. Anything to the contrary notwithstanding, Subscriber agrees that upon receipt of a
Listed Code and before telephoning any other person or entity, MCM may in its discretion and without any liability, contact or attempt to contact your premises to verify the necessity to report MCM’s
receipt of a Listed Code to any other party. MCM’s efforts to notify a Designated Person shall be satisfied by telephone communication to any person answering the telephone at the telephone
number (s) provided to MCM in writing or by leaving a message with a telephone answering service or any device or other technology allowing the recordation of voice or data communications at the
telephone number(s). Subscriber agrees and acknowledges that information provided by Subscriber to MCM and used by MCM to perform the Services shall be provided to MCM only as described
2. Third Party Indemnification and Subrogation. Subscriber agrees to defend and hold harmless MCM and MCM’s agents, officers, servants, employees, suppliers, marketing ad billing
entities, or contractors (collectively, “BUSINESS”) from and against and pay (without condition that MCM or BUSINESS pay first) for all claims, suits, judgments, demands, liabilities, damages, and
expenses including without limitation, attorney’s fees, which may be asserted against MCM or BUSINESS by or due to any person or entity not a party to this AMA, including Subscriber’s insurance
company, arising from or relating to the Service, failure or improper dispatch of persons, recording of communications, operation or non-operation of the monitoring station facilities or the active or
passive sole, joint, or several negligence of any kind or degree of MCM or BUSINESS. Subscriber hereby waives any rights Subscriber‘s insurance company may have to be reimbursed by MCM or
BUSINESS for money paid out to, or on behalf of Subscriber. It is expressly understood that no insurance company, insurer, or bonding company shall have rights of subrogation against MCM.
3. Release of Insured Losses; Limitation on Lawsuits; Waiver of Jury Trial. Subscriber does hereby, for Subscriber and for all parties claiming under Subscriber, release and discharge MCM
from and against all hazards covered by Subscriber’s insurance or bond, including all deductibles and retained limits as well as loss or damage in excess of policy limits. The parties agree that no
lawsuit or any other legal proceeding arising from or related to this AMA shall be brought or filed more than one (1) year after the incident giving rise to the claim occurred. Each party waives any
right to a jury trial in proceeding arising from or relating to this AMA or provision of Services.
4. Termination or Suspension of Service; Damages. Subscriber understands and agrees that Subscriber is responsible for payment to MCM of all fees for Services and shall pay MCM’s
fees in advance on a monthly basis, plus all taxes imposed by municipal, state, and/or federal authorities in connection with the Services. If Subscriber fails or refuses to make payment
for Services, MCM shall have the right to terminate this Agreement, and to discontinue providing the Services on a date fixed in a written termination notice (Termination Date”). Such Termination
Date shall be no less than fifteen (15) days from the date the termination notice is sent. This Agreement and all of MCM’s responsibilities hereunder shall end as of the Termination Date. MCM may,
in its discretion, send its notice of termination via first class mail to Subscriber. Upon termination of this Agreement for any reason; or upon the System excessively signaling the monitoring station for
no apparent reason; or if the protective equipment or the Premises of Subscriber become so substantially disabled or damaged that further service is impracticable; or if the rendering of such service
is not possible by reason of war, terrorist acts, strike, riots, floods, fires, interruption of communication service, act of God, or any other cause beyond the control of the Company, MCM reserves the
right to do any or all of the following (without notice and at MCM’s option): ignore all signals received from the System; disconnect the System, or render the equipment incapable of signaling locally
or communicating with the monitoring station by direct or remote programming the removal or deletion of data necessary to operate the System. Exercise of any of these rights shall not be deemed a
waiver by MCM of any other rights or remedies. If Subscriber fails in any way to cooperate with or prevents MCM from exercising its rights under this paragraph, Subscriber agrees to pay MCM one
dollar ($1.00) for every signal received by the monitoring station, as agreed upon damages and not as a penalty, plus all actual attorney’s fees and costs incurred by MCM as a party in action arising
from or related to this paragraph.
5. Place of Lawsuit an Applicable Law. All claims, actions, or legal proceedings arising from or relating to this Agreement or the Services shall be properly brought exclusively in the state courts
of Osceola County, Florida, or the U.S. District Court for the Middle District of Florida. The parties hereto each irrevocably waive any objection to the exclusive jurisdiction of these courts. This
Agreement and the Services provided hereunder shall be interpreted and governed in accordance with the laws of the State of Florida, without regard to its conflicts of law rules.
6. DISCLAIMER AND LIMITATIONS ON LIABILITY. SUBSCRIBER UNDERSTANDS AND AGREES:
a) THAT MCM AND BUSINESS ARE NOT INSURERS AND THAT INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON ANY SUBSCRIBER’S
PREMISES SHALL BE OBTAINED AND MAINTAINED BY THE SUBSCRIBER; b) THAT MCM IS BEING PAID TO MONITOR A SYSTEM DESIGNED TO REDUCE CERTAIN RISKS OF LOSS
AND THAT THE AMOUNTS BEING CHARGED BY MCM ARE NOT SUFFICIENT TO GUARANTEE THAT NO LOSS WILL OCCUR OR THAT INCREASED LOSS OR DAMAGE WILL NOT
OCCUR; c) THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE, OR EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY; d) THAT M CM AND BUSINESS ARE
HEREBY RELEASED FROM ANY SUCH LOSS, DAMAGE, OR EXPENSE; e) THAT MCM HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THOSE OF MERCHANTABILITY OR FITNESS THAT THE SYSTEM INSTALLED BY THE DEALER OR SERVICE SUPPLIED BY MCM MAY NOT BE COMPROMISED OR THAT
THE SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED; f) THAT MCM IS NOT LIABLE FOR ANY LOSS OR DAMAGE THAT WHICH MAY OCCUR
BEFORE, CONTEMPORANEOUS WITH, OR AFTER THE EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF
MCM, AND BUSINESS, OR THE IMPROPER PERFORMANCE, OR FAILURE TO PERFORM OF THE EQUIPMENT, OR EXPRESS OR IMPLIED BREACH OF CONTRACT OR WARRANTY , OR
BY LOSS OR DAMAGE TO THE FACILITIES NECESSARY TO OPERATE THE SYSTEM OR ANY CENTRAL STATION; g) THAT SUBSCRIBER AGREES THAT MCM SHALL HAVE NO
LIABILITY FOR ANY LOSS EXPENSE, OR DAMAGE TO SUBSCRIBER, INCLUDING WITHOUT LIMITATION, ANY GENERAL , SPECIFIC, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE REMOTE PROGRAMMING OF THE SYSTEM; AND h) THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF MCM FOR PERSONAL INJURY AND/OR
PROPERTY DAMAGE , REAL OR PERSONAL, WHICH ARISES FROM OR RELATES TO THE REMOTE PROGRAMMING OR MONITORING OF ANY EQUIPMENT OR SYSTEM AND OR
FAILURE OR IMPROPER DISPATCH OF RESPONSE AGENCIES TO THE PREMISES OR FAILURE OR FAULTY OPERATION OF THE SYSTEM OR EQUIPMENT, AND/ OR THE ACTIVE OR
PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF MCM AND/OR BUSINESS, INCLUDING WITHOUT LIMITATION, ACTS, ERRORS, OR OMISSIONS WHICH OCCUR PRIOR TO,
CONTEMPORANEOUSLY WITH OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, OR ANY CLAIM(S) BROUGHT IN PRODUCT OR STRICT LIABILITY, BREACH OF
WARRANTY OR CONTRACT, EXPRESS OR IMPLIED OR FOR CONTRIBUTION OR INDEMNIFICATION, WHETHER IN CONTRACT, TORT, OR EQUITY, INCLUDING WITHOUT LIMITATION,
ANY GENERAL, DIRECT SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE STATUTORY ,OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED
TO THE MAXIMUM SUM OF $250.00 COLLECTIVELY AND THIS LIABILITY SHALL BE EXCLUSIVE.
IF SUBSCRIBER WISHES TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, SUBSCRIBER MAY OBTAIN A HIGHER LIMIT BY PAYING FOR THE INCREASE IN SUCH
LIMITATION OF LIABILITY, BUT THIS HIGHER LIMIT SHALL IN NO WAY BE INTERPRETED TO HOLD MCM AS AN INSURER.
7. Assignees and Subcontractors; False Alarms. MCM may transfer, assign, or subcontract, this Agreement, any portion thereof, in MCM’s sole discretion. Subscriber’s agrees every such
assignment, transfer, or subcontract as shall be designated by written notice from MCM. Subscriber may not transfer this Agreement without obtaining MCM’s prior written consent. Subscriber
agrees that all persons using the System will use it carefully to avoid causing false alarms. If System is activated for any reason, Subscriber shall a) pay, without any right of reimbursement from
MCM; or b) promptly reimburse MCM, for any fines, fees, losses, costs, expenses, or damages assessed against Subscriber or MCM by any local, state, or federal governmental authority.
8. Miscellaneous. This instrument contains the entire Agreement with respect to the transactions described herein and supersedes all previous and contemporaneous agreements and
warranties, whether oral or written, all of which shall be deemed merged into this Agreement. Should any provision hereof (or portion thereof) be held invalid or unenforceable to any extent, the
validity and enforceability of the remainder of the provision and this instrument shall not be affected thereby, and shall survive in full force and effect as valid and binding. All modifications to this
Agreement must be in writing and signed by both parties to be binding. Headings used herein are for reference purposes only. Unless otherwise provided herein, all notices required to be given
hereunder shall be in writing and sent by certified mail, return receipt requested, addressed to such party at the address on the face of this agreement or at such other address as either party shall
notice the other hereof, in the same manner. If MCM waives any default by Subscriber, it shall not be construed as a waiver of any subsequent default, and MCM’s failure to exercise any rights
hereunder shall not be construed as a waiver of any default, unless specifically waived by MCM in writing.
9. Recording of Communications. Subscriber acknowledges that MCM may record wire, Internet, satellite, and oral transmissions and other communications and hereby consents and
authorizes MCM to so record all such transmissions and communications between MCM and Subscriber, Subscriber’s agents, servants, officers, employees, and/or representatives.
10. General Emergency Signals. Subscriber understands and agrees that MCM shall treat all emergency signals as General Emergency Signals and that MCM’s sole responsibility upon receipt
of a General Emergency Signal transmitted from Premises is to notify by telephone the Designated Persons upon receipt of signals transmitted from the System which Listed Codes or voice
communications received from the Subscriber’s Premises. MCM and BUSINESS are hereby released from any and all claims, suits, causes of action, and demands whatsoever in law or equity which
Subscriber, or anyone claiming through Subscriber, in anyway might or could claim against MCM or BUSINESS arising out of or relating to MCM’s or BUSINESS’s failure to contact or dispatch
medical assistance including, without limitation, the active or passive sole, joint, or several negligence of BUSINESS or MCM.
11. Subscriber’s Obligations. Subscriber acknowledges that it is Subscriber’s obligation to obtain and satisfy any charges, fees, licenses, or permits required by any utility or local, state, or
federal governmental authority relating to the Services. If Subscriber terminates this agreement or if Subscriber sells or no longer occupies the entire protected Premises, Subscriber shall
immediately notify MCM in writing and shall deprogram the microprocessor in the Alarm panel to delete MCM’s telephone and account numbers.
12. Liquidated Damages. If the System sends excessive signals to MCM’s monitoring station or if Subscriber is not subject to a valid and acceptable contract with MCM and the System continues
to excessively signal MCM’s monitoring station, Subscriber agrees to pay MCM one dollar ($1.00) for every signal from the System received by the monitoring station, as agreed upon damages and
not as a penalty, plus all actual attorney’s fees and costs incurred by MCM as a party to any dispute or action arising from or relating to this paragraph.
13. Subscriber’s/Buyer Right to Cancel: This is a home solicitation sale, and if Subscriber does not want the goods or services, Subscriber may cancel this Agreement by providing written notice
to the MCM before midnight of the third business day after Subscriber signs this Agreement. Details of this right are provided on the reverse side of this Agreement. This right to cancel applies to
residential contracts only.
14. Term. The term of this Agreement shall commence on the date the Agreement is accepted by MCM and shall remain in effect for a period of one year (1) year and shall renew for successive
one (1) year periods thereafter unless either Party hereto gives to the other written notice of the intention to terminate this Agreement at least thirty (30) days prior to the expiration date of the initial or
any renewal term, or the Agreement is terminated as otherwise provided herein.
EF License # 20000365