Dealer Program Policies
III. Products and Services Policies
In the event a Dealer is authorized to sell the following brands, products, or services, the following obligations shall supplement the general terms found in the Dealer Agreement and together shall and supersede any prior understandings between Dealer and the Company with respect to such brands, products, or services:
- C. Clare Controls
- Dealer Requirements
The following are the requirements to be appointed and continue in good standing as an authorized dealer of the Company’s Clare-branded products:
- Dealer has operated within the residential alarm or home integration and automation systems business for at least one year.
- Dealer is responsible for system design, layout, installation, configuration and sale to the end customer.
- Dealer will maintain experienced technical staff familiar with the Clare products and services.
- Dealer has and will maintain all licenses and/or registrations required to conduct its business in the locations indicated in the completed application.
- Dealer will maintain high quality standards and ensure Clare products are installed in accordance with Company instructions and national/local electrical codes and other building and safety codes.
- Dealer will completely configure Clare products and ensure the products operate as intended, ensure the products communicate with the Clare cloud (if applicable), and communicate system operational status to end customers.
- Dealer will maintain at least one Clare-trained employee at all times. If the trained employee leaves the employment of the Dealer, another employee must attend certification training within ninety days.
- In the event that alarm reporting services or other Clare services are delivered to a customer, Dealer will ensure each customer executes the End User Agreement between Dealer and customer.
- Dealer shall submit its Customer contract to Clare for approval and agrees that no substantial and material changes shall be made to the agreement.
- Dealer shall obtain and carry general liability insurance with alarm industry E&O insurance. Minimum coverage shall be one million dollars per incident and two million dollars aggregate; occurrence based policy. Before installing any customer systems Dealer shall deliver to Clare a Certificate of Insurance.
- Dealer shall maintain for a period of three (3) years a record of the name and address of each customer who has purchased Clare Products and a log of all service calls, complaints, or inquiries from such customers. This information will be immediately made available to the Company upon request, including for technical support purposes.
- In the event that: (1) any amounts owed by Dealer to Company are more than thirty days past due (including any recurring payments for services provided by Company), or (2) Dealer appears to have ceased providing support for Clare products and services to a customer, Company may provide Dealer written notice of such a breach. In the event that Dealer has not satisfactorily cured the breach within ten days of when the notice was sent, Company may reassign customers to a new Dealer or Company itself in order to ensure continued support for Clare products and services. Dealer also acknowledges Company may at its discretion, offer products or services directly to customers of Clare products and services.
- Wireless and Internet or Cellular Service Access Capabilities. Dealer acknowledges that Clare products require high-speed Internet access and or wireless services at an customer’s premises. Company does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply. In consideration of Dealer making its monthly payments for remote access to Clare’s cloud service, Company will authorize Dealer access to Clare’s cloud service portal. Company is not responsible for Dealer’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, cellular or any other mode of communication used by Dealer to access the Clare Control’s cloud service. Company is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is not Company’s responsibility to secure access to systems with pass codes and lock out codes. Company is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to end customer’s system will be at Dealer’s expense.
- NO WARRANTIES OR REPRESENTATIONS: Dealer’s Exclusive Remedy. Company does not represent nor warrant that its equipment and interactive services, including professional monitoring if selected by Dealer’s end customer, will prevent any loss, damage or injury to person or property, by reason of burglary, theft, hold-up, fire, temperature, water or other cause, or that the equipment will in all cases provide the protection for which it is installed or intended. Dealer acknowledges that Company is not an insurer, and the Dealer assumes all risk for loss or damage to Dealer or Dealer’s customers, including their premises, its contents or persons on the premises. Company has made no representations or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use.
Version: January 16, 2024