Common use of Activation Procedures Clause in Contracts

Activation Procedures. I-Dealer shall not be entitled to any Commission or to any other compensation with respect to any Subscriber, unless the following Activation procedures have been fully performed: 1. Before making any commitment to a potential Subscriber regarding Wireless Service, I- Dealer shall display Company’s Terms and Conditions, as defined by the Company, on I-Dealer’s Web Site and shall require the potential Subscriber to acknowledge acceptance of Company’s terms and conditions by checking an “I agree to the terms and conditions of T-Mobile Wireless Service” box. I-Dealer will not process the potential Subscriber’s request for Service without the electronic acceptance from the potential Subscriber to Company’s Terms and Conditions. 2. I-Dealer will contact the appropriate credit bureau utilized by Company and provide this agency with the appropriate information required for the potential Subscriber. 3. I-Dealer will advise the potential subscriber if any deposit or advance payment is required. I-Dealer will obtain from the potential Subscriber the required deposit or advanced payment made payable to I-Dealer (not Company) regardless of whether payment is made by check, credit card, cash, or other method. I-Dealer shall keep the deposit funds in its own account and I-Dealer assumes all liability and responsibility for dishonored or invalid deposit payments, including without limitation, checks not honored due to insufficient funds (NSF), credit card charge-backs, unauthorized credit charges and the like. Wireless Service agreements for Subscribers provided by I-Dealer to Company shall indicate the amount of the deposit, if any, taken by I-Dealer. During the activation process, Company shall credit the Subscriber’s account the amount of the deposit. When Company processes a monthly commission check for I-Dealer, Company shall deduct from I-Dealer’s commissions for that month and any other payments due I-Dealer the amount of all deposits taken by I-Dealer during that month. Deductions from commissions shall be made for all deposits taken by I-Dealer, regardless of whether I-Dealer actually collects, or receives credit for the funds related to the deposit payments. If, after said deduction, I-Dealer owes funds to Company, Company shall invoice I-Dealer for the amount due. I-Dealer shall pay invoices within thirty (30) days of receipt of the invoice. 4. I-Dealer may appoint agents or independent contractors (collectively, “Sub-Dealer Sites”) to promote, market, and sell the Wireless Service and Equipment only upon prior written approval of Company and under the terms and conditions contained in the Agreement, Exhibit D, or this Exhibit E, or as otherwise may be required by Company from time to time in its sole discretion. I-Dealer shall obtain Company’s prior written approval of an Sub-Dealer Site before I-Dealer enters into any agreement, contingent or otherwise, with any such Sub-Dealer Site. 4.1 Prior to appointment as an Sub-Dealer Site, each potential Sub-Dealer Site must first enter into the Sub-Dealer Site Agreement attached as part of Exhibit D. Company reserves the right to modify its terms, conditions and other rules governing Sub-Dealer Sites from time to time. I-Dealer agrees that upon notice of such modification, I-Dealer shall cause all Sub-Dealer Site Agreements to be amended to comply with such modification(s). 4.2 Upon Company’s approval of an Sub-Dealer Site, I-Dealer shall provide the Sub-Dealer Site with authorized T-Mobile information and images to be used by the Sub-Dealer Site. 4.3 The Sub-Dealer Site shall not directly Activate Company’s Wireless Service. In the event a prospective customer indicates a desire to Activate the Wireless Service, the Sub-Dealer Site shall cause the customer to link directly to I- Dealer’s web site for the purposes of reviewing the offer for Wireless Service and Company’s Terms and Conditions, and for completion of any sales transaction(s) or Activation. I-Dealer’s web site, from which customers may Activate the Wireless Service, shall identify the Sub-Dealer Site, but expressly disclose that such web site is “powered” by I-Dealer. I-Dealer shall be solely responsible for properly completing the Activation and Equipment fulfillment. I-Dealer shall also be solely responsible for resolving all issues associated with the Activation (except as otherwise stated in this Agreement), Equipment and shipping.