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Appendix Two Color.fm Page 122 Tuesday, July 25, 2006 3:06 PM

Appendix

Residential Customer Agreement

1.THE DISH NETWORK SERVICE

A.Services Defined. For purposes of this Agreement, the term “Services” shall mean all video, audio, interactive and other programming services and all other services that are currently available from DISH Network (whether subscription based, pay-per-view based or otherwise) and that we may provide to consumers in the future.

B.Changing Your Programming Selection. Unless otherwise specified in this Agreement or the customer agreement(s), if any, applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, you may change your programming selection at any time by notifying us. A fee may apply to such changes (“Transaction Fee”). In addition (and without limitation), you may be charged a monthly fee (“Service Access Fee”) if you fail to subscribe to one of the following DISH Network basic programming packages: America's Top 60, America's Top 120, America's Top 180, Great Wall TV Package, DISH Latino, DISH Latino Dos DISH Latino Max, America's “Everything” Pak, Latino “Everything” Pak, or any of their successor packages. Some Services are only available if you purchase and maintain a minimum level of programming.

C.Programming Availability. Certain Services transmitted by us, including but not limited to some subscription Services, sporting events and broadcast network Services, may be blacked out in your area of reception. If you circumvent or attempt to circumvent any of these blackouts, you may be subject to legal action. You must be at least 18 years of age, or the applicable age of majority where you reside, in order to receive adult-oriented programming services.

D.Ordering Pay-Per-View. You may order DISH Network special events and pay-per-view Services by using your on- screen Program Guide and remote control unit to select the movies and other events we offer. To receive the full functionality of DISH Network pay-per-view Services, your DISH Network receiver must be connected to a land-based telephone line. You may also order DISH Network special events and pay-per-view Services by calling the following toll free number: 1-877-DISH-PPV (3474-778) and using our automated system or speaking with a live operator at one of our Customer Service Centers. A fee will apply for using our automated system (“Pay-Per-View Automated Fee”) or calling one of our Customer Service Centers (“Pay-Per-View Live Operator Fee”).

E.Private Home Viewing Only. DISH Network provides Services to you solely for your private home viewing, use and enjoyment. You agree that no Services provided to you will be viewed in areas open to the public or in commercial establishments. Services may not be rebroadcast, nor performed, nor may admission be charged for listening to or viewing any Services. If we later determine that you utilized your Equipment (or sold, leased or otherwise gave possession of such equipment to a third party who you knew or reasonably should have known intended to use it) to permit the viewing of Services in a commercial establishment or any other area open to the public, we may disconnect your Services and in addition to all other applicable fees, you agree to pay us the difference between the price actually paid for Services and the full commercial rate for such Services, regardless of whether we have or had the rights to distribute such Services in a commercial establishment.

F.Additional Tuners and Receivers. We may allow you to place additional receivers on your account in our sole discretion. Each additional receiver will be authorized to receive the same Services as your initial receiver. This option is only available if your initial DISH Network receiver and all additional receiver(s) are located at the same residence and are continuously connected to your same land-based telephone line. Unless otherwise specified in the customer agreement(s), if any, applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, DISH Network will charge you a monthly additional outlet programming access fee (“Additional Outlet Programming Access Fee”) for each tuner activated on your account beyond the first. If you desire to receive Services at two different residential locations, you must open a separate account for each location. You agree that you will not directly or indirectly use a single account for the purpose of authorizing Services for multiple DISH Network receivers that are not all located in the same residence and connected to your same land-based telephone line. If we later determine that you did, we may disconnect your Services and, in addition to all other applicable fees, you agree to pay us the difference between the amounts actually received by us and the full retail price for the Services authorized for each DISH Network receiver on your account.

G.Changes in Services Offered. We reserve the right to add, delete, rearrange and/or change any and all programming, programming packages and other Services that we offer, and our prices and fees related to such programming, programming packages and Services at any time, including without limitation during any term agreement period to which you have agreed under the terms and conditions of any other agreement with DISH Network. If a change affects you, we will provide you notice of such change and its effective date. In the event that we delete, rearrange or change any programming, programming packages or other Services, you understand and agree that we have no obligation to replace or supplement any programming, programming packages or other Services previously offered that have been deleted, rearranged or otherwise changed. You further understand and agree that you will not be entitled to any refund because of a deletion, rearrangement or change in the contents of any programming, programming packages, or other Services previously offered.

H.Multi-Month Subscriptions. For multi-month subscriptions, you may downgrade your Services only at your time of renewal. You may not downgrade your Services during the term of a multi-month subscription.

2.BILLING POLICIES AND PAYMENTS FOR SERVICES

A.You agree to pay all amounts billed for Services and to pay all taxes, fees and other charges, if any, which are now or may in the future be assessed in connection with any Services you receive from us. Unless you prepay for a multi-month subscription to Services, we will bill you each month, in advance, for most Services and in arrears for other Services such as pay-per-view ordered by you or anyone who uses your Equipment, whether with or without your permission, until you cancel your Services. Bills you receive will show the total amount due, the payment due date, payments, credits, purchases and certain other charges to your account.

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