Terms And Conditions
BEFORE ACCESSING THE SYSTEM, IT IS REQUIRED THAT YOU SIGNIFY BELOW THAT YOU BOTH
UNDERSTAND AND AGREE TO STRICTLY ABIDE BY THE FOLLOWING TERMS AND CONDITIONS.
ELECTRONIC MANIFEST LIST USER LICENSE AGREEMENT
This is a nontransferable and nonexclusive License to use the electronic manifest
list(s) herein. I am an authorized GM dealer, respectively, and
I agree as follows:
1. PERMITTED USE: General Motors dealer: Under Article 5.6 of the GM Dealer Sales
and Service Agreement, dealers agree to use certain customer information, other
information or data provided by GM only as designated by General Motors and not
to otherwise disclose such information or data without General Motors written permission
or as required by law. Accordingly, I may use names, addresses, and telephone numbers
obtained from the electronic manifest list(s) herein "Contact Data", subject to
the restrictions set forth below, for follow-up telephone calls or mail solicitations
SOLELY IN CONNECTION WITH THE MARKETING PROGRAM NAMED ON EACH LIST.
2. UPDATES: I agree to access and utilize the updated list available herein every
30 days for the duration of the marketing program.
3. CUSTOMER CONTACTS: I agree that my communications and ad copy using Contact Data
will not make any reference to any information that I may know about a consumer
other than the contact information and that I am following up on a marketing solicitation
from General Motors. I will keep on hand for a period of 12 months, samples
of any mail pieces I used in my follow-up mailings.
4. NO DISSEMINATION: I will not sell, assign, sublicense, or rent, under any circumstances,
the Contact Data.
5. ACCESS AND SECURITY: I will limit access to the Contact Data to employees who
have a legitimate business need relating to this marketing program. I will provide
for the physical, managerial and electronic security of the Contact Data such that
it is reasonably maintained and secured from unauthorized access or use during utilization,
transmission and storage.
6. THIRD PARTY SERVICE PROVIDERS: I may designate a third party service provider
to access the Contact Data on my
behalf, provided that the designee may only use the Contact Data in accordance with
this Agreement. Except in connection with this paragraph, I will not disclose to
any third party any of the Contact Data.
7. TELEPHONE CALLS:
a. I understand that both state and federal laws dictate to whom and how telephone
calls can be made to consumers and that I may be required to register with my state
or the Federal Trade Commission for access to lists of telephone numbers that have
been registered by consumers who do not wish to receive telephone solicitations.
I understand that, unless my telephone calls fit into one of the exceptions to the
definition of "telemarketing", it is my responsibility to obtain these lists directly
from the state and/or Federal Trade Commission, and to verify that each number I
call is not listed on a state or the federal "Do Not Call" list.
b. I understand that the telephone numbers on the manifest have
been checked against the Do Not Call registries and marked as “do not contact” merely as a courtesy to dealers. I understand that before making
ANY telemarketing calls it is my responsibility to obtain those registries directly
from the Federal Trade Commission and/or state and to verify that each number I
call is not listed on a state or the federal Do Not Call list OR to confirm with
my legal counsel that my calls are exempt from these requirements.
c. Further, I understand that both the federal and various state laws regulating
telemarketing impose further obligations and restrictions on telephone solicitation
pertaining to, among other things, consumers who request not to receive telemarketing
calls from me or someone acting on my behalf, call curfews, call content, the use
of autodialers and prerecorded messages, calls made to wireless numbers, etc. I agree that it is my responsibility
to be aware of and comply with all applicable federal and state laws.
d. I agree that I
will not use an artificial or prerecorded voice
when using the Contact Data to make ANY telephone calls without first obtaining
the prior express written consent of a consumer. I agree that I will not use an automated or predictive dialer when using the
Contact Data to make ANY telephone calls without first obtaining the prior express
written consent of a consumer.
8. EMAILS: I understand that the email addresses on the manifest have marked as “do not contact” merely
as a courtesy to dealers. I understand that before sending
ANY emails it is my responsibility to comply with the federal CAN-SPAM law and to
verify that each email address is not listed on my dealership’s DO NOT EMAIL/opt-out
list OR to confirm with my legal counsel that my emails are exempt from these requirements.
9. DIRECT MAIL: I
understand that before sending ANY direct mail marketing pieces it is my responsibility
to verify that each mailing address is not listed on my dealership’s DO NOT mail
list OR to confirm with my legal counsel that my direct mail marketing pieces are
exempt from these requirements. I agree that it is my responsibility to be aware
of and comply with all applicable federal and state laws.
10. TEXT MESSAGES:
I understand that federal and state laws and industry standards may impose certain
obligations and restrictions on the use of mobile service short message service
messages (SMS) for marketing purposes. I agree that it is my responsibility to be
aware of and comply with all applicable federal and state laws and these industry
Further, I understand that
before sending ANY SMS to a wireless phone number listed on the manifest for marketing
purposes, it is my responsibility to first obtain a customer’s prior consent, and
verify that each wireless number to which I send a SMS text is not listed on a state
or the federal, or my dealership’s Do Not Call list OR confirm with my legal counsel
that my text message is exempt from these requirements.
OTHER LIMITATIONS. I will not use the Contact Data to create a parallel database
in any manner whatsoever.
11. NO WARRANTY. I acknowledge that the Contact Data is not warranted or represented
as error free. I agree that the owner of the Contact Data shall not be liable for
any claims for damages, regardless of the form of action and whether direct, incidental,
special or consequential, which are in any way connected with or related to the
12. The Web Lookup Tool can assist the dealer salesperson in determining whether
a Customer is eligible for a promotion, and ensure all Program Rules, specific to
the marketing program, are adhered to before completing the vehicle delivery. First,
the Consumer Information page will identify those Consumers who are eligible for
the stated promotion(s). Then, clicking on the Promotion Name will show the corresponding
documents associated with the private offer (e.g., Creative, Admin Message, etc)
containing program rules such as the requirement to purchase and take delivery of
an eligible vehicle between the Start Date and End Date of the program. I agree
that I will not use the Web Lookup Tool to obtain Contact Data provided by Ally,
GMF, US Bank, Wells Fargo or any other financial banking institution unless I have
entered into a Joint Marketing Agreement with such financial banking institution.
13. In cases where a Dealer Replacement Certificate is needed (consumer lost mailing,
etc), the dealer salesperson can simply perform a "print screen" of the "Consumer
Information" results page and include it in the deal jacket. For programs requiring
a certificate number to be loaded into BARS, the certificate number can be found
in the "Certificate Number" field. For programs where varying offers exist (e.g.,
Get Up to 3 Months On Us), the "Offer" field will be used to identify the offer
the consumer is eligible for (e.g., 2 Months On Us or 3 Months on Us). This "print
screen" which includes the Customer Name, Address, Phone and Promotion Name they
are eligible for will serve the same purpose as if the dealer received a fax Replacement
Certificate from CARS Marketing Support.
14. Note, in the event this incentive has been applied to a vehicle delivery where
the customer or vehicle was not eligible or if the Program Rules were not followed,
GM reserves the right to debit the incentive amount back to the selling dealership.
15. The information
contained in the Manifest List is valid for up to 30 days from the load/refresh
16. Neither Ally ,
GMF, US Bank or Wells Fargo (i) warrant or guarantee the accuracy or timeliness of any information
available on their respective manifest lists or (ii) make any other warranty with respect
to their respective manifest lists.
17. I acknowledge
that the information provided to support pre-approval programs
constitute a consumer report as to each individual consumer as
that term is defined in the Fair Credit Report Act, as amended from time to time. Use and handling of any information
provided through this process must be handled accordingly