ILD CONSUMER AGREEMENT

Version May 2022


Introduction

This ILD Consumer Agreement (“Agreement”) sets forth the terms and conditions that apply to Your purchase of Services from Gen Mobile. By using the Services, You agree to the terms

and conditions in this Agreement and any changes that may be made to the Agreement. If You

do not agree to the terms of this Agreement or have any questions about the Agreement, do not

purchase or use our products without contacting Customer Service at (833) 528-1380.


Definitions

“Account” refers to usage within a billing cycle for a predetermined set of international destinations purchased through Gen Mobile and/or a prepaid balance established with

Gen Mobile, Inc. which are associated with the Consumer’s phone number allowing Consumer

to purchase and use the Service.

“Elite Telecom,” “We,” “Our,” and “Us” means NetworkIP, LLC (d.b.a. Elite Telecom)

“Client” means DISH Wireless L.L.C. dba Gen Mobile (“Gen Mobile”) its distributors or retailers authorized to market and/or distribute the Service.

“Service” means the International Long Distance (ILD) Service provided by Elite Telecom which provides the Consumer with International calling capability.

“Consumer”, “You” and “Your” means the end-user of the Service also the owner of the

Account.

“Website” is the website found at www.genmobile.com or such other location as designated by

Client and contains the specific prices and charges, Service descriptions and other terms and

conditions not set forth here that apply to the specific Service.


You can also request Information about the specific prices and charges, Service descriptions

and other terms and conditions not set forth here that apply to the Service by calling toll free at

(833) 528-1380. This Agreement incorporates by reference the Service’s prices, charges,

restrictions and the terms and conditions for using the Service and/or owning an Account, as

well as any disclosures, provisions, limitations or other information provided with, or printed on

any promotional materials associated with the Service.


Charges and Payment

Price, Feature and Rate Changes

We may change the prices or features associated with the Service from time to time, and such

changes will be effective from the time they are posted or available through the Website. The

terms and conditions of the Service, including the rates for calls made and/or available

destinations in conjunction with the use of the Service are subject to change at any time without

prior notice. All calls for the PAYGo ILD Service are billed in one minute increments. The

PAYGo ILD Service expires 30 days after purchase. There are no additional fees or surcharges

associated with the Services. The Unlimited ILD Service is provided solely for live dialogue

between, and initiated by, two individuals for personal use and not for commercial use or resale.

UNLIMITED DOES NOT MEAN UNREASONABLE USE. In addition, certain destinations may be limited to an advertised maximum number of minutes. To minimize unreasonable use, each Unlimited Account will be allowed to call up to 15 unique destination numbers per Unlimited cycle which expire 30 days after initial funding or last renewal. The number of personal use calls to these unique destination numbers is not limited and automatically resets when the Account is renewed. You may contact Customer Service at (833) 528-1380 or visit the Website if You have any questions about the Service, including the international long distance rates or available destinations associated with the Service.


Suspending/Canceling the Service

If We have reason to believe that You or someone else is abusing the Service fraudulently or

unlawfully through Your Account, or if Your form of payment for the Service is cancelled,

disabled, discontinued or otherwise dishonored, We reserve the right to immediately suspend,

restrict, deactivate or cancel the Service and close Your Account without advance notice. In the

event of suspension or cancellation of the Service due to any other aforementioned reasons,

Elite Telecom may from time to time discontinue offering the Service, or if necessary, cancel all

Accounts, immediately upon a determination by any governmental authority that the provision of

the Service is contrary to any law, rule or regulation or upon Your violation of this Agreement.

The Unlimited ILD Service may not be used for any other purposes, including, but not limited to,

loaning or renting Your handset to third parties, conference calling, monitoring services, data

transmissions, transmission of broadcasts, transmission of recorded material, interconnection to

other networks, telemarketing, autodialed calls, other commercial uses, or other connections

that do not consist of uninterrupted live dialogue between two individuals. If usage, dialing or

calling patterns We deem connote non-personal use, We reserve the right to suspend,

terminate or restrict Your Services with no prior notice and not allow You to reactivate the

Service.

Elite Telecom and its Client are not responsible for any ancillary costs incurred by You,

including but not limited to, cell phone provider charges or fees and/or penalties incurred by the

Consumer in the event the Consumer uses the Service for any unlawful purpose.


Restrictions on Use; Intellectual Property

All of Elite Telecom and Client trademarks, service marks, symbols, logos, other identifying

indicia and the intellectual property rights thereto (collectively “Marks”) are the property of Elite

Telecom or its Client and You shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Service and the Website. You are not permitted to commercially resell the Service or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Service.


Indemnification

You agree that Elite Telecom or its authorized Clients shall not be responsible for any third party

claims against Elite Telecom, Client and/or You that arise from Your use of the Service or Your

Account. Further, You agree to reimburse Elite Telecom and or Client for all costs and expenses

related to the defense of any such claims, including attorneys’ fees, unless such claims are

based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.


Limitations of Liability

This section describes Elite Telecom’s or its authorized Clients responsibility for any claims for

damages You may assert arising out of the failure of the Service or any other claims You may

assert in connection with the Service, or in connection with the transfer of funds to Your Account or with this Agreement. We are not liable for any Service failures. Except as otherwise expressly provided herein, We and Our affiliates, authorized distributors, Clients, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Service, the Website and/or the telecommunication services underlying the Service, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the Service are interrupted, or if there is a problem with the interconnection of the Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, Elite Telecom’s liability in such jurisdictions shall be limited to the extent permitted by law.


Warranties

You acknowledge that (a) the Service is provided by Elite Telecom “AS IS”, and (b) we make no

warranty to You or to any third party whatsoever, directly or indirectly, express, implied or

statutory, as to the suitability, durability, description, quality, title, non-infringement,

merchantability, completeness or fitness for use or purpose of the Service or any Elite Telecom

product associated with the Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the Service will be uninterrupted or error free. We

do not authorize anyone, including, but not limited to, Elite Telecom employees or Clients, to

make any warranties on Our behalf and You should not rely on any such statement. Your use of

the Service is solely at Your risk. Because some jurisdictions do not permit the exclusion of

certain warranties, these exclusions may not apply to You.


Miscellaneous

No Third Party Rights

This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.


Acts Beyond Our Control

Neither You or Elite Telecom or Client will be responsible or liable to the other for any failure to

perform duties under this Agreement where that failure is due to an act outside the

reasonable control of You, Elite Telecom, or Client (Force Majeure Event), including but not

limited to the failure to perform due to any of the following: fire, explosion, power blackout,

earthquake, volcanic action, flood, the weather elements, strike, embargo, civil or military

authority, war, acts of God, acts or omissions of carriers or suppliers, or acts of regulatory or

governmental agencies.


Assignment

We can assign all or part of Our rights or duties under this Agreement without notifying You. If

We elect to make such an assignment. We will have no further obligations to You under this

Agreement or in connection with Your purchase or use of the Products. You may not assign this

Agreement without Our prior written consent.


Notices

Any notice from Elite Telecom to You under this Agreement will be provided by one or more of

the following: on Our Website, a recorded announcement on a Product, letter, or a call to a

telephone number provided by You.


You may contact Us by mail at:

Elite Telecom

119 W. Tyler Street

Suite 100

Longview, TX 75601

You may contact Client by mail at:

Gen Mobile

PO Box 1243

Redondo Beach, CA 90278


Separability

If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and

enforceable.


Governing Law

This Agreement will be governed by the laws of the State of Texas, without regard to its choice

of law rules. This governing law provision applies no matter where You reside, or where You

use, purchase or pay for the Products.


Entire Agreement

This Agreement (which incorporates by reference the Website Terms of Use) constitutes the

entire agreement between You and Elite Telecom and its Clients and supersedes all prior

agreements, understandings, statements or proposals, and representations, whether written or

oral. This Agreement can be amended only as provided in the Changes to the Agreement

section below. No written or oral statement, advertisement, or service or product description not

expressly contained in the Agreement or the Website will be allowed to contradict, explain, or

supplement this Agreement or the Service. Neither You or Elite Telecom is relying on any

representations or statements by the other party or any other person that is not included in this

Agreement.


Changes to the Agreement

This Agreement may only be changed in the manner provided for in this section. Elite Telecom

or Client may change this Agreement and the information contained elsewhere on the Website

from time to time. All such changes will be effective at the time of posting on the Website. You

may also request a copy of the revised Agreement by calling Customer Service toll free at (833) 528-1380.