ACCEPTED: MARLIN CENTRAL MONITORING LLC License #
SUBSCRIBER INFORMATION AND MONITORING AGREEMENT
SUBSCRIBER INFORMATION DEALER INFORMATION
Account # Dealer Name:
Name: Dealer Number:
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 _______
ADDITIONAL SERVICES _________________________________________________
$_______ Kid Safe SUBSCRIBER’S/BUYER RIGHT TO CANCEL: This is a home
solicitation sale, and if you do not want the goods or services, you may
$_______ Unsupervised Open/Closing (Log Only) cancel this agreement by providing written notice to the seller in
$_______ Supervised Open/Closings person, by telegram, or by mail. This notice must indicate that you do
not want the goods or services and must be delivered or postmarked
$_______ Fire with 24 hour supervised test before midnight of the third business day after you sign this agreement.
$_______ UL Supervised Open/Closings If you cancel this agreement, the seller may not keep all or part of any
cash down payment. This right to cancel applies to consumer contracts
$_______ 2 Way Voice (Listen in) only.
$_______ Elevator Phone Subject to the terms and conditions of this agreement (including those
$_______ Monthly, Bi-weekly and Weekly alarm activity reports on the reverse side or attached hereto).
$_______ Alarmnet Cellular Subscriber signs below and acknowledges having read this agreement
and agrees and accepts the terms and conditions thereof. Subscriber
further acknowledges receipt of a copy of this agreement.
SUBJECT TO ADDITIONAL TERMS AND CONDITIONS ON PAGE TWO
SUBSCRIBER INFORMATION SHEET – ADDITIONAL TERMS AND CONDITIONS
Subscriber and 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 except as expr essly set forth in a contract with the 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 herein 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 herein.
2. Third Party Indemnification and Subrogation. Subscriber agrees to defend and hold harmless MCM and MCM’s agents, officers, servants, employees, suppliers, 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: MCM may terminate this AMA upon ten (10) days written notice to Subscriber.
5. Place of Lawsuit; 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 MCM 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 MY 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. Termination or Suspension of Service; Damages. Subscriber acknowledges that MCM is being paid for the Services by Dealer and not by Subscriber. Subscriber understands and agrees that if Dealer fails or refuses
to make payment for services to be provided to Subscriber under the Dealer Contract or some other action entitles MCM to terminate the Dealer Contract, 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’s notice of termination to Subscriber shall be prima facie proof of MCM’s right to do so under the Dealer Contract. MCM
shall send its notice of termination via first class mail to Subscriber and Dealer. 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.
8. Assignees and Subcontractors. 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.
9. False Alarms. 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.
10. 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.
11. 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.
12. 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.
Subscriber agrees that MCM shall not in any circumstance contact or dispatch medical assistance for the Premises or Subscriber. 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.
13. 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, or Subscriber and Dealer agree to terminate, the business relationship between Subscriber and Dealer for any reason, or if Subscriber sells or no longer occupies the entire
protected Premises, Subscriber shall immediately notify MCM and Dealer in writing and shall deprogram the microprocessor in the Alarm panel to delete MCM’s telephone and account numbers.
14. 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.