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Terms of Agreement

By accepting the terms of Installs Unlimited's requirements, I also agree that the above named company or individual will indemnify, defend, and hold harmless Installs Unlimited for all installations performed in our relationship with Installs Unlimited.

Installs Unlimited Requirements:

Each installation provider is required to carry a current workman’s compensation and Liability insurance policy. Proof of insurance, naming Installs Unlimited as additionally insured and W-9 must be faxed to Installs Unlimited within 30 days at 516-977-1073. Our clients and their customers must be able to contact you during normal business hours for service. Voice Mail, a cell phone, or pager is acceptable provided calls are returned before the end of the following business day. You must warranty your installation work for a.) as long as the customer owns the vehicle for Mobile Electronics or b.) for three (3) years for Home/Commercial Electronics. You must notify the customer of any additional parts and labor cost required before beginning the installation. Intentionally switching customers to your products resulting in the return of our client's merchandise is not permitted. If the wrong product is sold, ask the customer to return to our client for an exchange. Upon completing the installation, all product packaging, instruction manuals, unused pieces or installation parts (speaker grills, speaker wire, face plate trim rings, etc.) must be returned to the customer. You should make every effort to provide the installation quickly for the customer. Schedule these installations the same as you would for any other customer. Do not adopt a practice of only allowing these installations on certain days or extended waits relative to your other customers. There may be instances when a product proves defective and requires swapping out. Accommodate this customer by removing the product for them to return to our client and then re-install the repaired or replacement product provided. In the event of the installed product being defective, it is advisable to have the customer confirm that their product is still under warranty before you remove it so there is no confusion or customer disappointment. You will be paid 50% of the contractor labor rate for the product category to remove and reinstall a replacement product. The customer is responsible to pay for the removal and reinstallation (R and R) charge unless otherwise specified by the client. Installs Unlimited contractor understands that they are not an agent or representative of Installs Unlimited's clients, and their relationship is solely with Installs Unlimited. Installs Unlimited, upon its sole discretion and at any time, has the right to assign work or terminate the application or agreement. Upon acceptance and approval you will be contacted regarding specific client service requirements and mutually agreed upon labor rate charges.

Mobile Electronics specific conditions:

Each physical installation location is required to carry in addition, a current Garage Keepers insurance policy. Proof of insurance, naming Installs Unlimited as additionally insured and W-9 must be faxed to Installs Unlimited within 30 days at 516-315-5331. A vehicle-condition inspection MUST be performed before and after the installation to ensure that the vehicle is returned to the customer in the condition it was provided. Any damages that occur while the customer's vehicle is in your custody are your responsibility. Items removed from the customer's vehicle to facilitate installation of new equipment are the property of the customer and must be returned to the customer after the installation.

NON-COMPETITION AND NON-INTERFERENCE

Acknowledgments by the Installation provider.  The Installation provider acknowledges that:  (a) the services to be performed by him under this Agreement are of a special, unique, unusual, extraordinary, and intellectual character; (b) the Corporation's business is national in scope and its products are marketed throughout the United States and world wide; (c) the Corporation competes with other businesses that are or could be located in any part of the United States and world wide; (d) the provisions of this Section  are reasonable and necessary to protect the Corporation's business.

Covenants of the Installation provider.  In consideration of the acknowledgments by the Installation provider, and in consideration of the compensation and benefits to be paid or provided to the Installation provider by the Corporation, the Installation provider covenants that he may, directly or indirectly:

(a) during the Consulting Period, except in the course of his Consulting Arrangement hereunder, and during the Post-Consulting Period (as defined below), engage or invest in, own, manage, operate, finance, control, or participate in the ownership, management, operation, financing, or control of, be employed by, associated with, or in any manner connected with, lend the Installation provider's name or any similar name to, lend Installation provider's credit to or render services or advice to, any business whose products or activities compete in whole or in part with the products or activities of the Corporation anywhere within the United States; provided, however, that the Installation provider may purchase or otherwise acquire up to (but not more than) one percent of any class of securities of any enterprise  (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934;  

(b) whether for the Installation provider's own account or for the account of any other person, at any time during the Consulting Period and the Post-Consulting Period, solicit business of the same or similar type being carried on by the Corporation, from any person known by the Installation provider to be a customer of the Corporation, whether or not the Installation provider had personal contact with such person during and by reason of the Installation provider's Consulting Arrangement with the Corporation;

(c) whether for the Installation provider's own account or the account of any other person (i) at any time during the Consulting Period and the Post-Consulting Period, solicit, employ, or otherwise engage as an employee, independent contractor, or otherwise, any person who is or was an employee of the Corporation at any time during the Consulting Period or in any manner induce or attempt to induce any employee of the Corporation to terminate his Consulting Arrangement with the Corporation; or (ii) at any time during the Consulting Period and for three years thereafter, interfere with the Corporation's relationship with any person, including any person who at any time during the Consulting Period was an employee, contractor, supplier, or customer of the Corporation; or

(d) at any time during or after the Consulting Period, disparage the Corporation or any of its shareholders, directors, officers, employees, or agents.

For purposes of this Section 6.2, the term "Post-Consulting Period" means the one year period beginning on the date of termination of the Installation provider's Consulting Arrangement with the Corporation.

If any covenant in this Section 6.2 is held to be unreasonable, arbitrary, or against public policy, such covenant will be considered to be divisible with respect to scope, time, and geographic area, and such lesser scope, time, or geographic area, or all of them, as a court of competent jurisdiction may determine to be reasonable, not arbitrary, and not against public policy, will be effective, binding, and enforceable against the Installation provider.The period of time applicable to any covenant in this Section 6.2 will be extended by the duration of any violation by the Installation provider of such covenant.