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Comment On Indemnifying Your Central Station From Article On August 10, 2015
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Ken,
    This should be no surprise to you but at USA Central Station Alarm Corp, we use your contracts AND we also are willing to NEGOTIATE the indemnify provision of the Dealer Contract.
    Naturally, our insurance carrier is SARRG, the best choice for insurance and who currently has policies issued to over 875 companies, and who now has an "A" rated product written on Lloyd's of London paper.
    As to the indemnity provision in the Dealer Agreement, USA will waive it on every account the dealer puts on line for every individual account that the dealer submits a valid, unaltered USA "Subscriber Monitoring Agreement" (aka the KK three way monitoring agreement).
    OR - USA will waive the indemnify provision based on the following provisions: (1) the Dealer must be using the proper Ken Kirschenbaum contracts for the premises type, (even old ones after review); (2) In the event of a claim the dealer MUST produce the properly executed contract with no amendments; and (3) The Dealer must add USA Central Station as an additional insured in the event it can't produce a valid contract.
    Otherwise I agree with your comments on this matter, you wrote - 
    "Your argument to your subscriber is 'why should I assume all this liability when I am charging such a small amount for my services?'  Your central station can make the same argument.  Why should it assume liability for its charges?  Too often it's impossible to figure out who made the mistake, but regardless, parties can always agree to shift liability by entering into an agreement requiring insurance and indemnity; which is exactly what is done in the alarm contracts."
Thanks,
Bart A Didden, President
USA Central Station Alarm Corp
bdidden@usacentralstation.com
877-872-1266

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SIGN QUESTION
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Ken
    We have on our sign "We Protect Your World".  Do you see any issues with that?
anon
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RESPONSE
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    The phrase itself is fine because it is not likely to create any realistic personal expectation of protection.  As far as your use of the phrase, there will be major issues if it turns out that someone has registered the phrase as a trademark.  Before using this phrase in advertisements or for any other commercial purpose, it is very important that you make sure no one owns the phrase as a trademark. If someone does, and you post signs with the phrase regardless, you will probably be sued for trademark infringement and liable to the trademark owner for the profits you made off those signs (or at least what the court thinks you made from posting the signs).  But if noone owns the phrase then you should trademark the phrase yourself.  Why register the trademark? Because then you can prevent others from using the phrase "We Protect Your World" for their own commercial gain.  If the signs end up being an effective advertising tool, you will be happy you decided to trademark the phrase.

      For assistance registering a trademark or searching for existing trademarks before using it in advertisements contact Jesse Kirschenbaum, esq. at (516) 747-6700 ext. 307 or Jesse@Kirschenbaumesq.com.