DIRECTV CUSTOMER ACCOUNT
AND EQUIPMENT TRANSFER FORM
Commercial and Lodging & Institutions
THIS COMMERCIAL AND LODGING & INSTITUTIONS CUSTOMER ACCOUNT AND EQUIPMENT TRANSFER FORM (this “Transfer Form”) relates to the
DIRECTV COMMERCIAL OR LODGING AND INSTITUTIONS subscriber account(s) set forth below (the “DIRECTV Account(s)”) established for the purpose of
providing DIRECTV programming to the commercial business or lodging or institution establishment identified below (the “Business”), and is executed by the buyer of
the Business (“Buyer”) and/or the seller of the Business (“Seller”), each as set forth on the signature line below.
Seller is currently a DIRECTV customer with a commercial account or lodging and institutions account for the Business, and has recently sold the Business to Buyer
pursuant to a separate agreement between Buyer and Seller (the “Sale”). In connection with the Sale, Seller sold all of its right, title and interest in and to the DIRECTV
equipment used for the receipt of DIRECTV programming at the Business, including, but not limited to, the DIRECTV Receivers (collectively, the “DIRECTV
Equipment”), and now Seller wishes to request that DIRECTV transfer Seller’s DIRECTV Account(s ) to Buyer, and Buyer wishes to assume all of the obligations of
Seller under the DIRECTV Account(s), in each case effective as of the date this Transfer Form is accepted by DIRECTV, as set forth below (the “Effective Date”). To
effectuate the transfer of the DIRECTV Account(s) and DIRECTV Equipment, the Buyer and Seller agree to the following:
Seller hereby sells, assigns, grants, transfers and conveys to Buyer all of Seller’s right, title and interest in, to and arising out of the DIRECTV Account(s) and the
DIRECTV Equipment on or after the Effective Date. Buyer hereby accepts the foregoing assignment and hereby assumes and agrees to perform and discharge all of
the liabilities and obligations of Seller under any agreements entered into by Seller in connection with its receipt of DIRECTV programming at the Business and in
connection with the DIRECTV Account(s) or DIRECTV Equipment (the “DIRECTV Agreements”) accruing or attributable to the time prior to the Effective Date, or
accruing or attributable to any time on or after the Effective Date. Buyer understands that it is responsible for any outstanding payment obligation of Seller for
DIRECTV programming or DIRECTV Equipment provided prior to the Effective Date.
In connection with the transfer of the DIRECTV Account(s) and DIRECTV Equipment, all of Seller’s DIRECTV programming order history and other account
information will remain within the records of the DIRECTV Account(s) and, therefore, become available to Buyer for Buyer’s review. Such account information, to the
extent owned by Seller, will no longer be owned by Seller, but is transferred to Buyer. Seller hereby waives any requirement that DIRECTV protect, secure or
otherwise maintain the confidentiality of the information.
Seller also agrees that, in the event of any failure of Buyer to make timely payment of any amounts due to DIRECTV under the DIRECTV Account(s) and DIRECTV
Agreements, or to perform as otherwise required under the DIRECTV Agreements for liabilities or obligations arising prior to the Effective Date (such as programming
or DIRECTV Equipment received at the Business prior to the Effective Date), Seller shall remain liable to DIRECTV for such amounts, and DIRECTV shall have the
right to commence a legal proceeding directly against Seller.
This Agreement shall be of no force or effect unless approved by DIRECTV. If this Transfer Form is executed by Buyer but not Seller, Buyer must provide a bill of sale
or other document signed by Seller evidencing the transfer of the Business, and this Transfer Form remains effective against Buyer with respect to the assumption of
liabilities and obligations herein.
Buyer and Seller understand that DIRECTV will not transfer DIRECTV Account(s) without DIRECTV’s prior review and consent, and in this case, Buyer and Seller
have agreed to transfer the DIRECTV Account(s) and have received a benefit from DIRECTV in connection with such transfer. DIRECTV is relying on this Transfer
Form to transfer the applicable DIRECTV Agreements, DIRECTV Equipment and DIRECTV Account(s).
Nothing contained in this Transfer Form is intended or shall be construed to limit or supersede any of the obligations, agreements, covenants, representations or
warranties contained in the DIRECTV Agreements. By executing this Transfer Form, Buyer and Seller each acknowledge that they have been given the opportunity to
review all applicable DIRECTV Agreements, including, but not limited to, the DIRECTV Commercial Customer Agreement, any DIRECTV Lodging & Institutions
Agreement related to DIRECTV programming and DIRECTV Equipment, any financing agreement related to DIRECTV Equipment, the license agreement related to
the access cards provided with the DIRECTV Equipment and the terms and conditions related to any programming offer made in connection with the transfer of the
DIRECTV Account(s) and DIRECTV Equipment.
This Transfer Form is duly executed and delivered by the authorized officers or owners of Seller and Buyer as of the Effective Date.
Seller Signature: ___________________________________________ Print Name: ________________________________________
Buyer Signature: ___________________________________________ Print Name:________________________________________
DIRECTV Account Number: ______________________________________________________________________________________
63739v5 (Effective 12/29/15)
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