Next generation dealer programs - SmartMonitoring Partner guidelines

Any company coming in as a SmartMonitoring member or dealer affiliate must abide by several rules.

To register as a regular member or affiliate, you must complete and submit a registration application via the page on The SmartMonitoring Web site to which you will be linked after indicating your acceptance of the terms and conditions of this Agreement. SmartMonitoring will evaluate your application and, upon acceptance, enroll you in your choice of regular or affiliate dealer program.

• All SmartMonitoring dealers must agree to conduct business in a professional manner providing quality work and services to all customers in a timely fashion.

• The SmartMonitoring dealers will be honest and ethical in all business dealings and be respectful of the customer and their needs.

• The SmartMonitoring dealers will be fully insured bonded and licensed (if applicable in your state). If you install any fire systems, you must be fire licensed. All affiliates will add SmartMonitoring as an "also insured" on their basic policies.

• The SmartMonitoring affiliates will help promote our group and each other. We will direct interested affiliates to classes on Internet marketing. To beat the "big guys", we have to work on a strong Internet presence. Our group must show up on the first or second page of all security related Internet searches.

• All dealers must set up a special account with one of our UL listed central stations to monitor the accounts. You may keep your current central station for your regular accounts, but all new accounts must go through one of our partner central stations. Even if you are currently a dealer for that central station, you must open a special account for the customers you get through our association.

• Central Station partners will provide you with an 800 receiver number that you own. Should you ever sell your accounts or move to another receiver, you only have to make one phone call instead of reprograming all your panels.

• On all accounts, you maintain ownership of your accounts Monitored accounts cannot be moved from the SmartMonitoring monitoring station while we are in affiliation (One year minimum for regular members, Two year minimum for affiliates-except by customer default).

• You are responsible for support and servicing of your accounts. If you should be unable to service your own accounts, we reserve the right to service/repair the alarm and charge your account..

Billing & Collections
You can select to have the Central Station do billing under your name for a small charge. This can help a lot of smaller companies that occasionally experience cash-flow problems. The only thing you have to do is tell the CS how much to charge your customers and how often they should charge them

Relationship of Parties:
You and SmartMonitoring are independent contractors, and nothing in this Agreement will create any joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of SmartMonitoring. You will not make any statement, whether on your web site or otherwise, that reasonably would contradict anything in this Section.

SmartMonitoring reserves the right, in its sole discretion, to reject your
application or terminate your enrollment in the dealer program for any reason. SmartMonitoring generally will reject or terminate affiliates that are unethical, dishonest, exhibit poor workmanship in their service or installation, operate sites containing pornographic or adult-themed material, get rich quick schemes, products or services involving deceptive marketing practices, hate messages or any other content which fails to maintain SmartMonitoring’s high standards, good image and reputation, or which SmartMonitoring believes to be obscene or indecent or otherwise objectionable.

Links to The SmartMonitoring Web site:
Once you have been accepted into the Program as an affiliate, you must provide at least one link on your main Web site to SmartMonitoring.com and one rotating link for our partners and the same on all your mirror sites on the Internet that are SmartMonitoring related. SmartMonitoring will make available to you, at its discretion, graphic images, text links or other material that will identify your web site as an affiliate and create a link to The SmartMonitoring (and partners)Web site.

You may use links to SmartMonitoring Web site in your regular, daily personal or professional e-mail communications, for example by inserting a Special Link in
your e-mail "signature."

You also may provide a link to The SmartMonitoring Web site as described above, in your e-mail correspondence, subject to the following limitations:

LINKS TO THE SMARTMONITORING WEB SITE IN ANY UNSOLICITED BULK, JUNK, HATE OR SPAM E-MAIL COMMUNICATIONS MAY RESULT IN IMMEDIATE TEMPORARY SUSPENSION OR TERMINATION.

Commissions (Future use)

SmartMonitoring may soon be starting an affiliate program by partnering with several major Internet companies. Dealers deciding to come into this program will be paying a commission to the Internet company for each customer referred by them through this program, provided that such customer qualifies, signs up for and pays for monitoring service from your company. We will make details available as we close our partnership agreements with these companies.

Responsibility for Your SmartMonitoring Web site:
You will be solely responsible for the operation, maintenance, and content of your SmartMonitoring web site and for all materials that appear on your web site including, without limitation, ensuring that the materials posted on your web site are accurate and do not defame or violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You agree to indemnify and hold SmartMonitoring, its subsidiaries and affiliates harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the operation, maintenance, and contents of your web site.

Representations and Warranties
You hereby represent and warrant that your web site and the content, goods and services offered through your web site do not:
(i) violate any law, statute, ordinance or regulation or
promote illegal activities;
(ii) contain or promote obscene materials;
(iii) promote violence;
(iv) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(v) contain content which is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(vi) include any of SmartMonitoring’s trademarks or service marks, or variations or misspellings thereof, in your
domain names

(vii) send bulk, junk or spam e-mail.

You further represent and warrant that:
(1) you have full authority to enter into this Agreement;
(2) all obligations owed to third parties with respect to the activities contemplated to be undertaken by you pursuant to this Agreement are or will be fully satisfied by you, so that SmartMonitoring will not have any obligations with respect thereto; (3) the Content on your web site does not infringe or violate copyright, patent, trademark, trade secret or other proprietary rights of any third party;
(4) you will comply with all applicable federal, state and local laws in the performance of your obligations thereunder.

Term and Termination
The Term of this Agreement will begin upon our acceptance of your Program application and will continue for one (1) year for regular members and (2) year for affiliate members automatically be renewed for subsequent one and two year terms unless terminated earlier by either party. Either Party may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ prior written notice to the other party. All monitored accounts under the current contract shall remain in the central station for the remainder of the commitment. Accounts removed before the end of the commitment (other than customer default) shall be charged a penalty. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site and e-mails, all links to the SmartMonitoring Web site, and all SmartMonitoring trademarks and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

Should any regular member or Affiliate default on Monitoring payments to the point of customers receiving disconnection letters, we reserve the right to make payments, take over the account(s), and distribute the accounts within our network (at our discretion).

Modification
SmartMonitoring reserves the right to modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on The SmartMonitoring Web site. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SMARTMONITORING WEB SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Limitation of Liability
SmartMonitoring will not be liable for direct, indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or
Programs, even if SmartMonitoring has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the
Program will not exceed $250.00.

Disclaimers
SmartMonitoring makes no express or implied warranties or representations with respect to the Program or any products or services sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, SmartMonitoring makes no representation that the operation of The SmartMonitoring Web site will be uninterrupted or error-free, and SmartMonitoring will not be liable for the consequences of any interruptions or errors.

Miscellaneous
This Agreement will be governed by the laws of the state of Ohio, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought
in the federal or courts located in the state of Ohio, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the Parties and their respective successors and assigns. SmartMonitoring’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of SmartMonitoring’s right to subsequently enforce such provision or any other provision of this Agreement.

If you agree to the above terms and wish to proceed to the application page, click below.

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