The foregoing (including, without limitation, brief description(s) of certain terms and conditions applicable to each of the Promotional Programs named in this Facts Blast) may be subject to applicable Business Rules and/or different terms and conditions of your Retailer Agreement with DISH Network L.L.C., formerly known as EchoStar Satellite L.L.C. (“DISH”). In the event of any conflict or inconsistency between the terms and conditions set forth in any applicable Business Rules and the terms and conditions set forth above, the terms and conditions of such Business Rules shall be controlling.

With respect to hardware purchased by a Retailer from Echosphere L.L.C. (“Echosphere”), all equipment discounts and other Incentives shall be paid by DISH subject to and in accordance with the terms and conditions of each participating Retailer’s Retailer Agreement and applicable Business Rules. With respect to hardware purchased by a Retailer from an Authorized Distributor, any and all equipment discounts and other Incentives shall be paid by the Authorized Distributor in accordance with and subject to the terms and conditions of your applicable agreement(s) with such Authorized Distributor. Notwithstanding anything set forth in this Facts Blast to the contrary, any and all references herein to equipment discounts and/or other Incentives shall apply solely and exclusively to Retailers who purchase their hardware from Echosphere. All capitalized terms set forth in this and the immediately prior paragraph shall have the meaning ascribed to them in your Retailer Agreement.