The agreement has 2 options for the space provider to select according to their preference; 1) is an exclusive option between Amber and the space provider which will earn a larger rental fee and 2) a right of first refusal option whereby the space provider is able to grant a third party the wireless rights at a specific site after Amber has been offered, and rejected, the right to that site.
Within our agreement it clearly expressed, that all information provided verbal or written is subject to non-disclosure and confidentiality. Amber takes its location information seriously and only provides necessary details to qualified and targeted wireless service providers. Location information that is provided via structure providers is limited to address, lat/long, location description, and when relevant structure. Beyond location specific information, company identifiable information will not be used.
Typically, for most sites the wireless service providers will want a minimum five years with options to extend for up to five more five year terms. Their long-term commitments are based on the high up-front costs of launching and branding a wireless service and the need to protect their reputation by quality, consistency and continuity of service. The wireless service providers will also want to verify that the space provider has long-term contracts in place with the venue owners to ensure continuity of service. If a Space Provider has a residual venue contract of less than 5 years it is very likely that an extension will be needed in order to perform on a wireless service provider contract.
Yes, Amber will accept such structure locations in our database and actively market to wireless providers, however, a wireless service provider will likely require that you negotiate a new venue agreement or select an alternative location with a long term venue agreement in place, if available.
Our customers continuously provide us with new areas of interest, providing a list of your locations allows us to match those interests as well as market your sites most efficiently. It is critical for Amber and its deployment methods to be scalable as this is a volume business. While Amber may go directly to a property owner, who is not under contract or provided their locations this is only done in select cases, and locations in our database will always get first priority. Given our national scale, it is not possible to visit every desired location in person or search hundreds of individual websites for locations.
The agreement would be with Amber.
Unless the circumstance is beyond the control of the Space Provider, i.e. government/agency required, then the agreement shall be binding. If the property is sold then the contract is transferred to the new owner. If you go out of business, then we request the rights to continue service.
The Site License Agreement is a contractual agreement and is expected to be enforced to avoid any loss of service. However, if there is no remedy every attempt will be made to relocate the site to the wireless service provider’s satisfaction.