DISH Network Order Form by lsd12841

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									                                                  DISH Network
                                                   Order Form
  DISH NETWORK CERTIFICATE                                    CUSTOMER INFORMATION
  (Check box to order your Dish Network certificate)                 Please check here if you are ordering this in your name for resale.

              Please send me a Dish Network
              Pre-paid certificate that may be used to
                                                              FIRST NAME                                                                          MI
   become a first time residential Dish Network Customer.

  Upon the receipt of the Dish Network Certificate, the       LAST NAME
  customer will have two separate promotional options
  to choose from:
                                                              MAILING ADDRESS                                                              APT
               Option 1 - "Free Dish, 1 or 2 receivers"
               Option 2 - "Digital Home Plan"
                                                              CITY                                                   STATE             ZIP CODE
  Please visit www.fhtm.net for the most current
                                                                            -           -                                -             -
  business rules regarding these promotions .
                                                              HOME PHONE                                     WORK PHONE

  BILLING                                                                                          -             -
                                                              PORTABLE PHONE
  Customer will make prog ramming and monthly billing
  selections upon installation. The customers first Dish      CREDIT CARD INFORMATION (For payment of Certificate ONLY)
  Network bill will be for the first two months of service.   The following credit card information is for the one time charge of $49.99
  If option One or Two are selected, the customer will        for the Dish Network Certificate. We ONLY accept VISA and MasterCard.
  receive a $49.99 credit on their first month's bill.
                                                              CREDIT CARD TYPE: Please choose one of the following           o VISA o MasterCard


                                                              NAME (As it appears on the card)

  Note: The only charge from Fortune Hi-Tech
  Marketing Inc. will be $49.99 for the cost of the Dish      CREDIT CARD NUMBER
  Network Certificate, which includes two separate
                                                                        /          /
  promotional offers to choose from.
                                                              EXPIRATION DATE                   AUTHORIZED CREDIT CARD SIGNATURE

  Customer: At the time we receive your order form, we
                                                              REPRESENTATIVE INFORMATION
  will mail a Dish Network Certificate to the address         My Representative Is:
  provided.Upon the receipt of certificate, simply follow
  the instructions on the reverse side for installation and
  activation. Verification of your Social Security Number,    LAST NAME                                FIRST NAME                                 MI
  Credit Card, and credit check may be required
  depending on the promotion chosen by the customer.          STREET ADDRESS                                                           APT


  Customers Initials:                                         CITY                                                   STATE             ZIP CODE

                                                                            -           -                                -             -
              FAX Your Application to:                        HOME PHONE                                      BUSINESS PHONE
              (859) 422-7024
                                                              REPRESENTATIVE I.D. NUMBER

              or MAIL to:
              Fortune Hi-Tech Marketing Inc.                  REPRESENTATIVE E-MAIL
              2424 Harrodsburg Road, Suite 101
              Lexington, KY 40503                                                                                                  /         /
                                                              SIGNATURE                                                   DATE
Terms Expire 7/31/03                                          I have read and agree to the terms on the reverse side of this application.
Form #140 V.5 01/2003
     Addendum to Independent Representative Agreement Sale of Dish Network Products and Services
This Addendum is hereby made part of and incorporated by reference into the original Independent                   6. You are prohibited from and shall not directly or indirectly activate, provide financing or perform
Representative Agreement previously executed by the undersigned.The purpose of this Addendum is to                 services for any DISH DBS System.
set forth and clarify certain restrictions that shall apply to the sale and marketing of EchoStar Satellite
Corporation (“EchoStar”or “Dish Network”) products and services by Independent Representatives (“IR”               7. You acknowledge and agree that, except for the selling price of DHP certificates, or as directed by
or “ you”) of Fortune Hi-Tech Marketing, Inc.(“Fortune Hi-Tech”).                                                  Fortune Hi-Tech in writing, under no circumstances shall you collect any payment for Programming,
                                                                                                                   activation, or any other money from any Qualifying Residential Subscriber. All activation, installation and
INTRODUCTION                                                                                                       programming fees will be billed directly to Qualifying Residential Subscribers by EchoStar.

A. EchoStar is engaged, among other things, in the business of providing digital direct broadcast                  8. If during the term of this Agreement you market, promote and/or sell any multi-channel video
satellite (DBS) services through the DISH Network, a DBS service owned and operated by EchoStar and                programming services of any multi-channel video service provider other than EchoStar, then Fortune
its Affiliates in the United States .                                                                              Hi-Tech shall have the right, in its sole and absolute discretion, to reduce or eliminate on a permanent
                                                                                                                   basis the Monthly Incentives, in addition to any other rights and remedies of Fortune Hi-Tech.
B. Fortune Hi-Tech is an Authorized Retailer of EchoStar for the sale of Digital Home Plan (“DHP”)
certificates to Qualifying Residential Subscribers .                                                               9.Upon notice from Fortune Hi-Tech or upon Fortune Hi-Tech or EchoStar learning of any potential act
                                                                                                                   or omission by you:
C. You, as an Independent Representative of Fortune Hi-Tech, acting as an independent contractor,
desire to become authorized on a non-exclusive basis, to market, promote, and solicit orders for Digital           (i) which is against Fortune Hi-Tech’s or EchoStar’s business, rights or other interests, whether in this
Home Plan (“DHP”) certificates to Qualifying Residential Subscribers for DISH Network Programming.                 Agreement or otherwise;or
                                                                                                                   (ii) that constitutes your breach or failure to comply with, or any actual or alleged violation of, any
D. Fortune Hi-Tech authorizes you as an Independent Representative to sell DISH Network Digital                    applicable laws, statute, ordinance, governmental administrative order, rule or regulation, or the terms of
Home Plan certificates, subject to the terms and conditions of the Independent Retailer Agreement
                                                                                                                   this Agreement,
(“Agreement”) and this Addendum.

E. These certificates are non-returnable and non-refundable however they can be resold to your next                then Fortune Hi-Tech shall have the right to: (a) immediately notify you in writing of the violation and
Dish prospect. Send us an e-mail with customer change information to dishsupport@fhtm.net.                         direct you to immediately cease, and in such event you shall strictly comply therewith;(b) terminate your
                                                                                                                   authority to sell any products or services hereunder; and (c) institute legal proceedings against you.In
                                                                                                                   addition to any other rights and remedies available, Fortune Hi-Tech shall not be required to pay
AGREEMENT                                                                                                          any Incentives to you which would otherwise be due to you during any period in which you.are in breach
                                                                                                                   or default of this Agreement and Fortune Hi-Tech shall have no liability to you as a result of such
1.DEFINITIONS In addition to the capitalized terms defined elsewhere in the Agreement, the following               suspension of payment.
definitions shall apply to this Agreement:
                                                                                                                   10. Fortune Hi-Tech shall be solely responsible for the payment of any and all monthly incentives or
  1.1 "Affiliate" means any person or entity directly or indirectly controlling, controlled by or under            similar payments to you and you acknowledge and agree that you shall have no right to obtain, whether
  common control with another person or entity.                                                                    directly or indirectly, any monthly incentives from EchoStar and/or any of its Affiliates.
  1.2 “Eligible Programming” means the DISH Network video, audio, data and interactive                             11. You acknowledge and agree that the names, addresses and other identifying information of EchoStar
  programming services which EchoStar makes generally available to the public for viewing in                       subscribers (“Subscriber Information”) are proprietary to EchoStar and that lists of past or current
  Residential Locations subject to any restrictions (geog raphic, blackout or otherwise) as EchoStar may           EchoStar subscribers, and all Subscriber information, are the sole and exclusive property of EchoStar,
  impose on some or all such programming services in its sole discretion.EchoStar reserves the right to            and you shall have no rights of any kind to use or disclose the same.You are specifically prohibited from
  change the Programming services offered and/or any restrictions applicable to such Programming                   revealing Subscriber Information to any third party.
  services at any time and from time to time in EchoStar's sole judgment upon notice to Fortune Hi-Tech.
                                                                                                                   12.IN NO EVENT SHALL FORTUNE HI-TECH AND ECHOSTSART OR ANY AFFILIATE OF FORTUNE
  1.3 "DISH DBS System" means an MPEG-2 DVB compliant satellite receiver and related components                    HI-TECH AND ECHOSTAR BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INCIDENTAL OR
  packaged therewith, (if any) intended to be utilized for the reception of Programming delivered by satel-        CONSEQUENTIAL DAMAGES TO YOU (WHETHER FORESEEABLE OR NOT), INCLUDING
  lite transponders owned and operated by EchoStar or its Affiliates, which is:(i) sold to Subscribers             WITHOUT LIMITATION ANY PAYMENT FOR LOST BUSINESS, FUTURE PROFITS, LOSS OF
  hereunder by EchoStar or an EchoStar Affiliate under the “EchoStar”brand name or the brand name                  GOODWILL, REIMBURSEMENT FOR EXPENDITURES OR INVESTMENTS MADE OR COMMIT-
  of an EchoStar Affiliate; or (ii) sold to Subscribers by EchoStar and manufactured by a Third                    MENTS ENTERED INTO, CREATION OF CLIENTELE, ADVERTISING COSTS, TERMINATION OF
  Party Manufacturer pursuant to authorization granted by EchoStar under the brand name of such Third              EMPLOYEES OR EMPLOYEES SALARIES, OVERHEAD OR FACILITIES INCURRED OR ACQUIRED
  Party Manufacturer.                                                                                              BASED UPON THE BUSINESS DERIVED OR ANTICIPATED UNDER THIS AGREEMENT, CLAIMS
                                                                                                                   UNDER DEALER TERMINATION, PROTECTION, NON-RENEWAL OR SIMILAR LAWS, FOR ANY
  1.4 "Qualifying Residential Subscriber" means an individual at a Residential Location in the                     CAUSE WHATSOEVER WHETHER OR NOT CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE.
  Territory who orders a minimum level of Programming, who pays for the Programming in full, and who
  has never received any audio, video, or other prog ramming services from EchoStar or any Affiliate of            NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL
  EchoStar. A Qualifying Residential Subscriber shall not include any individual who would otherwise               THE AGGREGATE LIABILITY OF FORTUNE HI-TECH AND ITS AFFILIATES UNDER THIS
  qualify, but whose equipment EchoStar, in its sole judgment, declines to activate .                              AGREEMENT EXCEED THE AMOUNT PAID (OR INCENTIVES EARNED AND RIGHTFULLY PAYABLE)
                                                                                                                   TOYOU BY FORTUNE HI-TECH UNDER THE TERMS OF THIS AGREEMENT.
  1.5 "Residential Location" means a single family residential dwelling (i.e. single family houses,
  apartments, condominiums or other dwellings used primarily for residential purposes), located in the             13. You specifically agree indemnify, defend and hold Fortune Hi-tech and EchoStar and its and their
  United States and its territories and possessions;provided, however, in no case shall any satellite mas-         respective officers, directors, employees, agents and shareholders, and its and their respective assigns,
  ter antenna television system or private cable system in a residential multiple dwelling unit or any sim-        heirs, successors and legal representatives harmless from and against, any and all costs, losses,
  ilar programming reception system (i.e. dormitories, etc.) be considered a Residential Location. EchoStar        liabilities, damages, lawsuits, judgments, claims, actions, penalties, fines and expenses (including,
  reserves the right to determine, in its sole judgment, whether a location constitutes a Residential              without limitation, interest, penalties, reasonable attorneys' fees and all monies paid in the investigation,
  Location, or is more appropriately considered a commercial or other non-residential location.                    defense or settlement of any or all of the foregoing) ("Claims"), that arise out of, or are incurred in
                                                                                                                   connection with:(i) your performance or failure of performance under this Agreement and any direct or
  1.6 “Digital Home Plan” certificates mean certificates purchased by Qualified Residential Subscribers            indirect results thereof; (ii) your lawful or unlawful acts or omissions relating to the sale, marketing,
  which permit such Subscribers to order DISH Network programming through EchoStar’s Digital Home                  advertisement, promotion or distribution of DHP Certificates, Programming and/or DISH DBS Systems
  Plan promotions.                                                                                                 and equipment;(iii) the breach of any of your representations or warranties herein;(iv) all purchases, con-
                                                                                                                   tracts, debts and/or obligations made by you; (v) you directly or indirectly selling, leasing or otherwise
TERMS AND CONDITIONS                                                                                               transferring possession of a DHP Certificate and/or DISH DBS System to any person or entity who
                                                                                                                   you knew or reasonably should have known: (a) intended to resell it, lease it or otherwise transfer
2.This is an Agreement between you and Fortune Hi-Tech only and nothing herein shall be construed as               possession of it for financial gain to a person or entity other than an end-user; (b) intended to use it, or
conferring any direct business, contractual or financial relationship between you and EchoStar and under           to allow others to use it, in any location other than a Residential Location;(c) intended to use it, or to allow
no circumstances whatsoever (without limitation even in the event of a breach by Fortune Hi-Tech) shall            others to use it, in Canada, Mexico or at any other location outside of the United States, its               ter-
you have any claim or cause of action against EchoStar or any Affiliate of EchoStar or any of their                ritories and possessions;or (d) intended to authorize Programming for it using a single DISH Network
directors, officers, employees, shareholders, and agents for any actions taken by EchoStar, and/or any             programming account that had or would have Programming authorized for multiple DISH DBS Systems
Affiliate of EchoStar with regard to this Agreement, Echostar’s Retailer Agreement with Fortune Hi-Tech,           that are not all located in the same residence and connected to the same phone line;(vi) your failure to
any EchoStar Subscriber, or otherwise. Any instructions provided by Fortune High-Tech to you regarding             comply with, or any actual or alleged violation of, any applicable laws, statute, ordinance, governmental
this Agreement are subject to the prior review and approval of EchoStar. EchoStar shall be deemed a                administrative order, rule or regulation; (vii) your failure to market and promote the DHP Certificate
third party beneficiary with regard to your obligations under this Agreement and EchoStar may have an              program, Programming or any other EchoStar products or to comply with any provision of this Agreement;
independent right of action to institute legal proceedings against you for your violation of the terms of this     (viii) your failure to collect adequate taxes and to remit the same (ix) any claim brought by you or your
Agreement.                                                                                                         employees, agents or any other person or entity authorized by you to market and promote the DHP
                                                                                                                   Certificates, Programming or any other EchoStar products for compensation or damages                arising out
3. Fortune Hi-Tech or EchoStar make absolutely no promises, representations or warranties as to the                of the termination of this Agreement or the Agreement between Echostar and Fortune Hi-Tech;or (x) any
potential amount of business or revenue that you may expect to derive from participation in this Agreement.        claim of pirating, infringement or imitation of the logos, trademarks or service marks of             program-
                                                                                                                   ming providers (except for any mar keting materials supplied to you from Fortune Hi-Tech and approved
4.As an Independent Representative of Fortune Hi-Tech you are only authorized to sell DHP certificates             by EchoStar).In the event of any claim for indemnification by Fortune Hi-Tech or EchoStar under this
to Qualifying Residential Subscribers at Residential Locations in the geographic boundaries of the United          Section 13 either Fortune Hi-Tech or EchoStar, as appropriate, shall be entitled to                       repre-
States and its territories and possessions, unless Fortune Hi-Tech advises you otherwise, in writing.              sentation by counsel of its own choosing, at your sole cost and expense. F ortune Hi-Tech or EchoStar,
                                                                                                                   as appropriate, shall have the right to the exclusive conduct of all negotiations, litigation and other pro-
5. You are prohibited from and shall not, directly or indirectly sell or otherwise transfer possession of any      ceedings arising from any such claim and shall consult with you as appropriate. The provisions of this
DHP certificate or any DISH DBS System to any person or entity who you know or you reasonably                      Section 13 shall survive expiration or termination of this Agreement indefinitely. F ortune Hi-Tech and/or
should have known:                                                                                                 EchoStar and its affiliates shall be solely responsible for their own actions.

(i) intends to use it, allow others to use it, or to resell, lease or otherwise transfer it for use in any         By signing below, you hereby indicate your acceptance of the terms of this Agreement.
location other than a Residential Location;
(ii) intends to use it, or to allow others to use it, or to resell, lease or otherwise transfer it for use in
Canada, Mexico or at any other location outside of the United States, Puerto Rico and the U.S. Virgin
Islands;or
                                                                                                                   Independent Representative
(iii) intends to ha ve, to allow others to have, or to resell, lease or otherwise transfer it to others who will
have Programming authorized for it under a single DISH Network account that has or will have
Programming authorized for multiple satellite receivers that are not all located in the same residence and                                                                                      /               /
connected to the same phone line .                                                                                 Identification Number                                           Date

								
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