Starry Network Partner Program Rules
Last updated August 23, 2018
These Starry Network Partner Program Rules govern your participation in the Starry Network Partner Program (the "Program"). These Program Rules are in addition to any agreements between you and Starry, Inc., including, if you are a building owner, any access or service agreement between you and Starry. The terms of any access or service agreement between you and Starry shall apply to your participation in the Program, and, in the event there is any conflict between these Program Rules and the terms of such access or service agreement, the terms of the access or service agreement will control.
1. Program Overview The Program is offered by Starry and provides cash payments to building owners or, in the case of condominiums, condominium associations that can legally bind multiple dwelling unit buildings who agree to permit Starry to provide Starry Internet services to buildings that meet the eligibility requirements described in these Program Rules.
2. Building Eligibility A building may be eligible for participation in the Program (an “Eligible Building”) if it meets all of the following criteria:
- it has 20 or more residential units;
- it is in a neighborhood of the Boston metropolitan area in which Starry currently provides Starry Internet services;
- it is in a location within such neighborhood that is serviceable by Starry’s technology;
- it otherwise meets the technological and economic criteria for delivery of Starry’s Internet services, including without limitation having adequate internal wiring available for the delivery of broadband internet services; and
- it is in Starry’s interests to have the building participate.
Starry reserves the right in its sole discretion to determine whether a building meets the qualifications to make it eligible for participation in the Program.
3. Your Eligibility You will be eligible to receive payments under this Program (the “Building Network Partner Payments”) if you own an Eligible Building, or, in the case of a condominium, if you are the condominium association and are empowered to execute and deliver a legally binding agreement with Starry binding an Eligible Building, and you execute Starry’s standard access agreement pursuant to which you grant Starry access to the Eligible Building to provide Starry Internet services to the residents of the building. If you are a natural person, you must be at least 18 years old to participate in the Program. Only one person or entity will be entitled to Building Network Partner Payment per Eligible Building. Starry reserves the right in its sole discretion to determine whether you are eligible to receive Building Network Partner Payments.
4. Calculation of Building Network Partner Payments Starry will determine the Building Network Partner Payments after consideration of the number of residential units in the Eligible Building and the value of the Eligible Building to Starry’s internet network, which payments will in any event not be more than $15,000 per year during the term of the access or service agreement between the Eligible Building and Starry. You may be entitled to additional payment if you agree to permit the Eligible Building to act as a serving site for Starry’s wireless technology to enable Starry to provide Starry Internet services to nearby buildings. Starry reserves the right in its sole discretion to determine the amount of any Building Network Partner Payments, and you agree that Starry’s determination will be final and binding on you. You will be responsible for all taxes due on any Building Network Partner Payments.
5. Timing of Payment Starry will pay the first-year Building Network Partner Payment to you upon the execution and delivery of Starry’s standard access agreement between Starry and you binding the Eligible Building, in form and substance satisfactory to Starry in its sole discretion.
6. Resolving Disputes By participating in the Program, you agree that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Program will be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards to which you may be entitled will be limited to actual out-of-pocket costs incurred (excluding attorneys’ fees); and (c) in no event will you be entitled to, and you hereby waive, all rights to claim punitive, special, incidental or consequential damages. All disputes between you and Starry relating to the Program will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to choice of law or conflict of law provisions. Any legal proceedings relating to the Program will be instituted in the federal or state courts located in the Commonwealth of Massachusetts.
7. General Terms By participating in the Program, you promise to abide by these Program Rules and any decisions of Starry regarding any aspect of the Program, including the amount of any Building Network Partner Payments, which decisions will be final and binding in all respects. YOU AGREE TO RELEASE AND DISCHARGE STARRY AND ITS AFFILIATES, DIRECTORS AND EMPLOYEES FROM ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM.
8. Cancellation or Change of Program The Program is being run for a limited time only and is subject to change or cancellation in Starry’s sole discretion.