Dealer considerations for monitoring center Dealer Agreement January 24, 2019

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
You can read all of our articles on our website.  Having trouble getting our emails?   Change your spam controls and white list ken@kirschenbaumesq.com 
************************************
Dealer considerations for monitoring center Dealer Agreement
January 24, 2019
*******************
Dealer considerations for monitoring center Dealer Agreement
*******************
          If you use a wholesale monitoring center, and most of you do, you are going to be required to sign a Dealer Agreement.  Not all Dealer Agreements are the same, and monitoring centers will make changes to their forms if you ask.  The extent of those changes depends on your deal with the monitoring center and your relative bargaining power.
          First, use a monitoring center on The Alarm Exchange under the center station category.  At least if you have a dispute you can ask me to review it and talk to the monitoring center and try and work it out.  Some of those listed use the Standard Form Dealer Agreement which sets forth the essential terms on the front of the contract, with checkboxes, so you can easily see the important items are you agreeing to.  If you monitoring center uses a dealer agreement that needs the US Supreme Court to interpret, get another monitoring center, you know they are going to be a pain in the butt.  
          Second, if you are asked to sign a Dealer Agreement it makes sense for you to engage K&K to review that contract.  I have a flat fee of $500 to add a Rider to the Dealer Agreement that covers most of the points that need covering.  Hourly rate applies if negotiations are required.  Might be great time to sign up for the Concierge Program and get a discount on the hourly rates.
          Third, you will know your bargaining power by the number of accounts you have.  Are you a major dealer with a good percentage of the monitoring center’s overall accounts?  Are you a dealer monitoring your house and your best friend?  Don’t expect too many changes.  But a 1000 or more accounts, you certainly have the monitoring center’s attention.  5000 accounts and you’re driving the car.  That doesn’t mean the monitoring center will let you take that car over a cliff, but you will be able to get terms that make sense, and I am not talking about the charges.  You don’t need a lawyer to negotiate your charges and you don’t need a triple IQ to know if you’re paying more than you should be [defined as what rates you can get from a comparable monitoring center].  
          Here are some of the things you should be watching for.
  *   limit your indemnity to your available insurance coverage
  *   do not agree to monitoring center having any rights to acquire your accounts
  *   do not agree to long term contract unless the monitoring center has provided some consideration, such as a forgivable loan, free set-up or reduced market rates
  *   insist on having your own lines, either owned by you or owned by the monitoring center who agrees not to commingle other dealer accounts on the line
  *   insist on right to all subscriber data, written and electronically, if you move to another monitoring center.
          These are not everything you need to consider, but enough so that you know you need a lawyer to assist.  Take advantage of our Concierge Program and stay informed and protected.  Call our Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 or email Stacy at SSPector@KirschenbaumEsq.com
******************** 
CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM
********************
    Check out our CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM. I hope you decide to join. I promise we will make it worthwhile.  We want you to think of K&K as your attorneys and we hope to meet your every expectation.  Participation is limited so don't delay.  Now you can afford to have K&K on retainer and available when you need us.
You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge
***********************
NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
***********************
THE ALARM EXCHANGE

This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business  brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;

Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com