Protection Services, LLC.

P.O. Box 94, Edinburg, VA 22824

(800) 517-9493 - Office (540) 984-80 15 - Local Vitginia License - D.C.J.S. #11-5074

UNIT # SOLD BY: DATE SOLD: INSTALLATION DATE: INSTALLATION TIME:

AGREEMENT
Equipment Purchase or Monitoring Agreement
CUSTOMER ADDRESS HOME TELEPHONE CITY STATE BUSINESS TELEPHONE ZIP

INSTALLATION ........................................................................................................................ $ MONITORING RATE $ PER MONTH, 3 MONTHS MONITORING ................$ PRO RATAAMOUNT (TO END OF FIRST MONTH) ..............................................................$ TOTAL INCLUDING MONITORING ........................................................................................ $ DEPOSIT CHECK # ..................................................................................$ BALANCE ......................................................................................................................... $
CREDIT CARD # AUTHORIZATION #

EXPIRATION DATE

X
Customer Signature Date Salesperson

Customer Signature

Date

NOTICE TO BUYER
Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completely tilled in copy. You, thesbuyer, may cancel this transaction at any time prior to midnight of the fhird business day after the date of this transaction. To cancel this transaction. mail or deliver a signed and dated copy of this cancellation note, or send a telegram to Protection Services, LLC., at above mentioned address. SELLER I S NOT INSURER: It is understood and agreed that seller is not an insurer, that insurance, if any, shall be obtained by the customer; that the payments provided

AGREEMENT
Equipment Purchase or Monitoring Agreement
L

CUSTOMER

HOME TELEPHONE

BUSINESS TELEPHONE

-ADDRESS

CITY

STATE

ZIP

INSTALLATION .................................. ..... ............................................................................... $ MONITORING RATE $ PER MONTH, 3 MONTHS MONITORING ................$ PRO RATAAMOUNT (TO END OF FIRST MONTH) ................: .............................................$ TOTAL INCLUDING MONITORING ......................................................................................... $ DEPOSIT CHECK # ................................................................................. $ BALANCE ................................................................................................................................ $
CREDIT CARD # AUTHORIZATION #

EXPIRATION DATE

X
Customer Signature Date Salesperson Customer Signature Date

NOTICE TO BUYER
Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completely tilled in copy. You, the'buyer, may cancel this transaction at any time prior to midnight of the fhird business day after the date of this transaction. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation note, or send a telegram to Protection Services, LLC., at above mentioned address. SELLER IS NOT INSURER: It is understood and agreed that seller is not an insurer, that insurance, if any, shall be obtained by the customer; that the payments provided for herein are based solely on the value of the system as set forth herein and are unrelated to the value of the customer's property or the property of others located in customer's premises; that company makes no guarentee or warranty, including any implied warranty or merchantability or fitness that the system or service supplies, including but not limited to agent response, will avert or prevent occurances or the consequences therefrom which the system or service is designed to detect or avert. CUSTOMER DUTIES AS TO USE OF SYSTEM: The customer shall carehlly use the system and instruct all members of this household in the proper use of the system. Customer shall use the system only to report incidents or occurances that impose an immediate and present danger of burglary, robbery, fire, medical emergencies or other circumstances that endanger personal safety of customer or others in customer's home. Customer should test the system and components at least every thirty (30) days. Customer Not later than midnight of

I hereby cancel this transaction

WHITE -Accounting YELLOW

- S a l e s Administration

PINK Customer

TERMSAND CONDITIONS MENT; No* of the PRINTEDAGREEMENT or its tams and conditionsmay be slterrd witbmtthe a p m s written appn~d an officer of the of
company. COMPAW agrees to deliver and/or i n s a a security system at the customer's address and to maln any necesssry inspection and Mto &liver system to customer in operating condition in accordance with standard procedures in the industry. The installation will be completed within a rtasoaPbk length of time based on the conditions inherent in the customer's address and our installation schedule. RETENTION OF TITLE AND RIGHT OF ACCESS: The system shall remain the personal propesty of the company until fully paid for, and customer agrees to perform all acts which may be necessary to assure the retention of title to the system by the company. Should customer default in any payment for the system or part ~ then customer a u t h o the empowers the company to remove the system or,part from the customer's address. Such removal, if made by the company, shall not be deemed a wjliver of the company's right to damages the company sustains as a result of~customer'sdefault and the company shall have the right to enforce any other legal remedy or right. Furthermore the company shall in no way be obligated to restore the premises to its original cadition, or ndecMltc same in the event the system or part is removed as a result of customer's default in p a t Risk of loss of the system, or any part of the same shall pass to customer upon delivery to the customer's address of such system or part. JNSTALLATION, Customer's address where the system is to be installed must have a standard 110 volt electricel outlet and a standard modular telephone jack outlet. The company installed an RI31X jack as part of the security system installation. The sole purpose of $is jack is to make it easy to connect and disconnect the security system from the premises phone line(s) should local telephone personnel need to do so to troubleshoot a problem. This jack does not automatically provide line seizure in an in use or off the hook condition. Customer shall retain and pay for all licenses, permits or other charges imposed by any governmental agency necessary for the installationand use of the system. CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS CHOSEN THE SYSTEM AND THAT ADDITIONALPROTECTION I AVAILABLE AND MAY BE OBTAINED FROM THE COMPANY OVER AND ABOVE THAT PROVIDED HEREIN AT AN ADDllTONAL COSTTO THE S CUSTOMER LIMITED WARRANTY A. The company hereby warrants that the system will operate in accordance with manufacturers specifications. In the event that any part shall become defective within the system or in the event that any repairs shall be required, the wmpany hereby agrees to make all repairs and/or replacementsof material parts at the customer's address without cost to the customer for a period of twelve (12) months from the date of installation of the system. Company reserves the option to either replace or repair the product and reserves the right to substitute materials of equal quality a1 time of replacement. 1.There are six conditions not covered by our warranty program: a. Misuse, tampering or abuse of the system. b. Failure of the customer to properly close or secure a door, window or other point protected by the system c. Customer related errors. d.Problems caused by other workman, i.e., telephone company, construction companies, installation companies, carpenter, etc e. Failure of customer to properly follow instruction provided by the company at completion of installation: f. This warranty does not cover any damage to material or equipment caused by accident, misuse, attempted unauthorized repair service, modification or improper installation by anyone other than the company. COMPANY SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES. B. If customer shall discover defect in the system, customer should immediately contact the company's service department in writing or by telephone at company's iddress or telephone number, and fully describe the nature of the defect so that repair service may be rendered C. Except as set forth in paragraph A, company makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantabilityor its fitness for any particular purpose. All implied warranties, including implied warranties or merchantabilitiesor fitness for aparticular purpose shall not exceed in duration the term of this limited warranty. D. This warranty is issued to the customer whose name appears on the face of the Purchase Agreement and is nontransferable. E. Buyer acknowledges that any affirmation of fact or promise made by wmpany shall not be deemea to create an express warranty unless in writing and attached hereto: that the system or service supplied may not be compromised, or the system or service will in all cases provide the signaling, monitoring and response for which it was intended; that custbmer is not relying on company's skill or judgement selecting or furnishing a system suitable for any particular purpose and that THERE ARE NO WARRRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE OF THE AGREEMENT HEREOF. LIOUIDATED DAMAGES. Customer acknowledges that is impractical and extremely difficult to fix the actual damages, if any, which may proximatelyresult from a failure to perform any obligations here, or the failure of the system to property operate with resulting loss to customer because of among other things: a. The inability to know if the system was turned on or activated. b. The uncertain amount or value of customer's property or the property of other kept on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the system is designed to detect or avert. c. The uncertainty of the response time of any police or fire department should the police or fire department be dispatched as result of a signal being received or an audible device sounding. d. The inability to ascertain what portion, if any, or the loss would be proximately caused by company's failure to perform or by its equipment to operate. Customer understands and agrees that if wmpany should be found liable for loss or damage due from failure of company to perform any of the obligations herein, including but not limited to installation, maintenance, monitoring or service or the failure of the system or equipment in any respect whatsoever, company's liability shall be limited to two hundred fifty dollars ($250.00) as liquidated damages and not as penalty and this liability shall be exclusive; and that he provision of this section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformanceof the obligations imposed by this contract, or from negligence, active or otherwise, of company, its agents assigns or employees. Company assumes no liability for interruption of service due to personnel shortages, strikes, riots, floods, storms, fires, power failures, acts of God or any other cause beyond the control of the wmpany and company will not be required to supply service to customer while service in interrupted due to any such cause. Any charges to customer shall be abated during any such periods of interruption. e. If subscriber wishes Company to assume a limited liability in lieu of the liquated damages as hereinabove set forth, Subscriber may obtain from Company a limitation of liability by paying an additional monthly service charge to Company. If Subscriber elects to exercise this option, rider shall be attached to this agreement setting forth the terms, conditions and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer. THIRD PARTY INDEMNIFICATION. Subscriber agrees to and shall'indemnify,defend and hold harmless Company, its employees and agents for and against all claims, lawsuits and losses which claim and/or lawsuit is brought or loss sustained by parties or entities other than the parties to this agreement (herein referred to as third parties). This provision shall apply to all claims, lawsuits or damages caused by Company's negligent performance, whether active or passive and to all claims based upon defects in design, installation, maintenance, monitoring, operation or non-operation of the alarm system, whether those claims be based upon negligence, active or passive, warranty, or strict or product liability on the part of Company, its agents, servants or employees. This agreement by Subscriber to indemnify Company against third party claims as hereinabove set forth shall not apply to losses, damages, expenses and liabilify resulting in injury or death to thjrd persons or injury to property of third persons, which losses, damages, expenses and liability occur while an employee of company is on Subscriber's premises and which losses, damages and liability are solely and directly caused by the acts of said employee. RIGHTS OF ASSIGNEESISUBCONTRACTORS:Alarm Company shall have the right to assign this Agreement to any other person, firm or corporation without notice to the subscriber and shall have the further right to subcontract any installation, monitoring, repair service or other services which it may perform. The subscriber acknowledgesthat this Agreement, and particularly those paragraphs relating to A l m Company's maximum liability, limitation of liability, and third party indemnification, inure to the benefit of and are applicable to any assignees and/or subcontractors of Alarm Company and that they bind the subscriber with respect to said assignees, and/or subcontractori with the same force and effect as they bind the Subscriber to Alarm Company. MONITORING OF SYSTEM: Except as otherwise herein provided, this electronic monitoring service agreement shall remain in full force and effect for a period of three (3) years from the date of new monitoring agreement or new system installation. INVALID PROVISIONS: In the event any of the terms or provisions of this contract shall be declared invalid or inoperative, all of the remaining terms or provisions shall remain in full force and effect. ENTIRE INTEGRATED AGREEMENT: MODIFICATION: ALTERATION: WAlVER: This writing is intended by the parties as a final expression oftheir agreement and and as a complete and exclusive statement of terms thereof. This agreement supersedes all prior representations, understandings or m m e n t s of the ~arties. the

system or part is removed as a result of customer's default In payment. h s k ot loss ot Me system, or any part ot me sane shall pass t customer upon aellvery to me o customer's address of such system or part. JNSTALLATION; Customer's address where the system is to be installed must have a standard 110 volt electrical outlet and a standard modular telephone jack outlet. The wmpany installed an W31X jack as part of the security system installation. The sole purpose of this jack is to make it easy to connect and disconnect the security system from the premises phone line@)should local telephone p e r s o ~ eneed to do so to troubleshoot a problem. This jack does not automatically provide line l seizure in an in use or off the hook condition. Customer shall retain and pay for all licenses, pennits or other charges imposed by any governmental agency necessary for the installationand use of the system. CUSTOMER ACKNOWLEDGES THP;T CUSTOMER HAS CHOSEN THE SYSTEM AND THAT ADDITIONAL PROTECTION IS AVAILABLEAND MAY BE OBTAINED FROM THE COMPANY OVER AND ABOVE THAT PROVIDED HEREIN AT AN ADDlTIONALCOSTTO THE CUSTOMER LIMlTED WARRANIT A. The company hereby warrants that the system will operate in accordance with manufacturersspecifications. In the event that any part shall become defective within the system or in the event that any repairs shall be required, the wmpany hereby agrees to make all repairs and/or replacementsof material parts at the customer's address without cost to the customer for a period of twelve (12) months from the date of installation of the system. Company reserves the option to either ent. replace or repair the product and reserves the right to substitute materials of equal quality at time of replacem1 1.There are six conditions not covered by our warranty program: a. Misuse, tampering or abuse of the system. b. Failure of the customer to properly close or secure a door, window or other point protected by the system c. Customer related errors. d.Problems caused by other workman, i.e., telephone company, construction companies, installation companies, carpenter, etc e. Failure of customer to properly follow instruction provided by the wmpany at completion of installation: f. This warranty does not cover any damage to material or equipment caused by accident, misuse, attempted unauthorized repair service, modificationor improper installation by anyone other than the company. COMPANYSHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES. B. If customer shall discover defect in the system, customer should immediately contact the company's service department in writing or by telephone at company's address or telephone number, and fully describe the nature of the defect so that repair service may be rendered C. Except as set forth in paragraph A, company makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantabilityor its fimess for any particular purpose. All implied warranties, including implied warranties or merchantabilitiesor fitness for a particular purpose shall not exceed in duration the term of this limited warranty. D. This warranty is issued to the customer whose name appears on the face of the Purchase Agreement and is nontransferable. E. Buyer acknowledges that any affirmation of fact or promise made by wmpany shall not be deemea to create an express warranty unless in writing and attached hereto: that the system or service supplied may not be compromised, or the system or service will in all cases provide the signaling, monitoring and response for which it was intended; that custbmer is not relying on company's skill or judgement selecting or furnishing a system suitable for any particular purpose and that THERE ARE NO WARRRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE OF THE AGREEMENT HEREOF. LIOUIDATED DAMAGES. Customer acknowledges that is impractical and extremely difficult to fix the actual damages, if any, which may proximatelyresult from a failure to perform any obligations here, or the failure of the system to property operate with resulting loss to customer because of among other things: a. The inability to know if the system was turned on or activated. b. The uncertain amount or value of customer's property or the property of other kept on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the system is designed to detect or avert. c. The uncertainty of the response time of any police or fire department should the police or fire department be dispatched as result of a signal being received or an audible device sounding. d. The inability to ascertain what portion, if any, or the loss would be proximately caused by company's failure to perform or by its equipment to operate. Customer understands and agrees that if company should be found liable for loss or damage due from failure of company to perform any of the obligations herein, including but not limited to installation, maintenance, monitoring or service or the failure of the system or equipment in any respect whatsoever, company's liability shall be limited to two hundred fifty dollars ($250.00) as liquidated damages and not as penalty and this liability shall be exclusive; and that he provision of this section shall apply if loss or damage, irrespectiveof cause or origin, results directly or indirectly to persons or property, h m performance or nonperformanceof the obligations imposed by this contract, or from negligence, active or otherwise, of company, its agents assigns or employees. Company assumes no liability for interruption of service due to personnel shortages, strikes, riots, floods, storms, fires, power failures, acts of God or any other cause beyond the control of the company and wmpany will not be required to supply service to customer while service in interrupted due to any such cause. Any charges to customer shall be abated during any such periods of intemption. e. If subscriber wishes Company to assume a limited liability in lieu of the liquated damages as hereinabove set forth, Subscriber may obtain from Company a limitation of liability by paying an additional monthly service charge to Company. If Subscriber elects to exercise this option, rider shall be attached to this agreement setting forth the terms, conditions and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer. THIRD PARTY INDEMNIFICATION. Subscriber agrees to and shall'indemnify,defend and hold harmless Company, its employeesand agents for and against all claims, lawsuits and losses which claim and/or lawsuit is brought or loss sustained by parties or entities other than the parties to this agreement (herein referred to as third parties). This provision shall apply to all claims, lawsuits or damages caused by Company's negligent performance, whether active or passive and to all claims based upon defects in design, installation, maintenance, monitoring, operation or non-operation of the alarm system, whether those claims be based upon negligence, active or passive, warranty, or strict or product liability on the part of Company, its agents, servants or employees. This agreement by Subscriber to indemnifyCompany against third party claims as hereinabove set forth shall not apply to losses, damages, expenses and liability resulting in injury or death to third persons or injury to property of third persons, which losses, damages, expenses and liability occur while an employee of company is on Subscriber's premises and which losses, damages and liability are solely and directly caused by the acts of said employee. RIGHTS O F ASSIGNEESISUBCONTRACTORS:Alarm Company shall have the right to assign this Agreement to any other person, firm or corporation without notice to the subscriber and shall have the further right to subcontract any installation, monitoring, repair service or other services which it may perform. The subscriber acknowledges that this Agreement, and particularly those paragraphs relating to Alarm Company's maximum liability, limitation of liability, and third party indemnification, inure to the benefit of and are applicable to any assignees and/or subcontractorsof Alarm Company and that they bind the subscriber with respect to said assignees, and/or subwntractori with the same force and effect as they bind the Subscriber to Alarm Company. MONITORING O F SYSTEM: Except as otherwise herein provided, this electronic monitoring service agreement shall remain in full force and effect for a period of three (3) years from the date of new monitoring agreement or new system installation. INVALID PROVISIONS: In the event any of the terms or provisions of this contract shall be declared invalid or inoperative, all of the remaining terms or provisions shall remain in full force and effect. ENTIRE INTEGRATED AGREEMENT: MODIFICATION: ALTERATION: WAIVER: This writing is intended by the parties as a final expression oftheir agreement and as a complete and exclusive statement of terms thereof. This agreement supersedes all prior representations, understandings or agreements of the parties, and the parties rely upon the contents of this agreement in executing it. This agreement can only be modified by a writing signed by the parties or their duly authorized agents. No waiver of a breach of any term or condition of this agreement shall be construed to be a waiver of any succeeding breach. RENEWAL: Agrtement automatically renews for one year 30 days from the end of the original agreement. Upon renewid Company has the right and may increase monitoring up to, but not more than, 15%. CANCELLATION POLICY. If customer cancels early or defaults within the terms of the agreement customer understands and gives permission to Protection Services, LLC. to use any and all available sources to collect, including but not limited to charging or using customer credit cards that we may have on file to pay any and all balances. A $99.00 early cancellation fee will apply, plus any balance due on .the agreement. Customer needs to pay any balances within 5 working days of cancellation or default. Customer must deliver by hand or Certified Mail (with return signature) any notice of cancellation. Send cancellation to: Protection Services. LLC., P.O.Box 94, Edinburg, VA 22824. TRANSFERRING OF ACCOUNT: Transfer is subject to approval and the same terms as the original agreement. Customer may transfer the account, however a re-activation fee of $99.00 may apply.