SUPPLEMENT TO TERMS & CONDITIONS
THIS SUPPLEMENT TO TERMS & CONDITIONS (this “Supplement”) is made as of the last date of signature hereto by either party (the “Effective Date”) and is by and between the Customer identified on the signature page hereto (“Customer”) and Trader Interactive, LLC, a Florida limited liability company (“Trader”). Capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Terms and Conditions to which Trader and Customer are parties as of the Effective Date (the “Terms & Conditions”).
Customer and Trader are parties to one or more order forms entered into before the Effective Date. Each order form is attached or linked to the Terms & Conditions.
Customer desires to receive and opt-in to use an additional text messaging service and benefit provided by Trader to its dealer customers (the “Additional Benefit”) whereby Trader posts next to selected listings of a dealer’s inventory on its websites a toll-free phone number with a local area code. Visitors to Trader’s websites that are interested in such inventory could text the posted phone number to receive additional information about the inventory. The text will be routed to a separate phone number provided by the dealer, and the dealer and the interested visitor are then able to exchange text messages discussing the inventory, with the visitor only seeing the local area code phone number that is posted on Trader’s website next to the dealer’s listing. Trader provides the dealer with the visitor’s phone number only for purposes of allowing the dealer to text the visitor about the applicable inventory for which the visitor initially inquired with the dealer. Customer will be responsible for ensuring compliance with the Telephone Consumer Protection Act of 1991 and the Telemarketing Sales Rule if Customer contacts the visitor at the phone number provided by Trader beyond responding to the initial inquiry.
Trader is willing to provide Customer with use of the Additional Benefit upon the Terms & Conditions and other terms stated below.
NOW, THEREFORE, with the foregoing recitals incorporated herein by reference and in consideration of the premises and the mutual covenants and agreements herein contained, Customer and Trader agree as follows:
Right to Use Additional Benefit for No Additional Fees. Trader hereby grants Customer, without any increase in or additional Fees to Customer, a non-exclusive, non-transferable, revocable, limited license during the Contract Period (defined below) to access and use the Additional Benefit solely in connection with the lawful operation of Customer’s business and upon all terms and conditions in the Terms & Conditions that are applicable to an “Ordered Product/Service therein.
Terms and Conditions. Customer hereby accepts and agrees to be bound by the Terms & Conditions and this Supplement with respect to the Additional Benefit and the license thereto described above. The Additional Benefit shall be deemed to constitute an “Ordered Product/Service” under the Terms & Conditions for all purposes thereof, and this Supplement and the Terms & Conditions shall constitute a separate “Agreement” for all purposes under the Terms & Conditions.
Compliance.Customer acknowledges and agrees that, as between Customer and Trader, Customer is solely responsible for the use of Lead Data in compliance with the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 USC §§ 6101 et seq.), the Telephone Consumer Protection Act of 1991 (47 USC § 227), the Telemarketing Sales Rule (16 CFR Part 310), and the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), in each case as amended from time to time and including the accompanying federal regulations related thereto. Customer acknowledges and agrees that Trader has not undertaken, and will not undertake, any obligation to ensure that the Lead Data provided to Customer can be used by Customer without violating the Telephone Consumer Protection Act of 1991 (47 USC § 227) and the Telemarketing Sales Rule (16 CFR Part 310), in each case as amended from time to time and including the accompanying federal regulations related thereto.
Contract Period. The Contract Period, as defined in the Terms & Conditions, for the Additional Benefit and Customer’s license thereto shall be an initial term of twelve (12) months starting on the Effective Date, unless earlier terminated in accordance with the Terms & Conditions. Upon expiration of such initial term, the Contract Period shall be automatically renewed on a month-to-month basis unless and until terminated in accordance with the Terms & Conditions.
Counterparts. This Supplement may be executed in counterparts, including via electronic PDF transmission or electronic signature, and all counterparts together shall constitute one instrument.
[END OF SUPPLEMENT TO TERMS AND CONDITIONS – UPDATED FEBRUARY 2019]