OUR COMMITMENT TO YOU. 1. ABT promises to provide an Internet-based marketing program and Online services to attract potential purchasers to HTTP//WWW.▇▇▇▇▇▇▇▇▇.▇▇▇, (▇HE "WEBSITE"); 2. ABT promises to advertise in national markets the general services offered to consumers through ABT; 3. ABT promises to use best efforts to promptly forward to You information regarding an identified potential purchaser whose purchase/lease request emanated from within Your assigned Primary Market Area (PMA); 4. ABT promises to provide You with technical support during regular business hours (Pacific Standard Time) to assist You and/or Your representative(s) in the use of Our products and services. Except where otherwise informed by the technical support staff at the time services are requested, this service is free of charge. As some services require substantial time and effort to complete, ABT reserves the right to institute supplemental charges for some services without prior notification; 5. We promise to provide consumers with assistance and support through Our Customer WOW! Program, during normal business hours (Pacific Standard Time); 6. We agree, subject to individual state law restrictions, to continue to develop, maintain, and enforce uniform Customer Service Standards that will be implemented by Our subscribing dealers. To meet such a commitment, ABT reserves the right to amend the Customer Service Standards from time to time to modify, eliminate or impose additional Customer Service Standards as the law or the changing business climate may dictate; 7. We promise to promptly notify Dealer in writing of any revisions to the Customer Service Standards outlined herein. We will not impose amendments or additions to Our Customer Service Standards unless they are applied to all subscribing dealers within Your state; 8. We promise to use best efforts to effectively communicate mutually beneficial information relating to the ABT products and services provided during the term of this subscription; 9. ABT shall use its best efforts to provide prompt transmission of data to Dealer, but shall not be liable for any unintentional loss of data, delays or errors in transmitting data, nor shall We be liable for any damages arising from any data loss, delay, or error; 10. We are responsible to maintain Our own equipment at Our sole expense and will assume all responsibility for loss, damage, and maintenance to Our own equipment; 11. We hereby grant to You a nonexclusive, non-transferable license that will allow up to two simultaneous users to access Our proprietary Dealer Real Time (DRT) information communications system to receive Purchase Requests; 12. NEW VEHICLE EXCLUSIVE PRIMARY MARKET ASSIGNMENT ("PMA"): You have been assigned an exclusive market area for the subscribed new vehicle franchises of [FRANCHISES]. This exclusive area effects new vehicle Purchase Requests only. The U.S. Postal Code description of this PMA assignment is set for in Exhibit "A" attached to this Agreement and incorporated herein by this reference. ABT has sole and complete authority to define Your PMA. Your exclusive PMA will remain in effect for six (6) months without the possibility of adjustment. ABT reserves the right to conduct a market representation study to determine the effectiveness of Your PMA at least once during the term of this Agreement. ABT in their sole discretion may use the results of these studies to among other things, evaluate the market value of Your PMA and Your effectiveness in servicing purchase requests from Your PMA. ABT reserves the right to adjust Your PMA as necessary following such studies by providing You with not less than thirty-(30) days written notice of the pending change;
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OUR COMMITMENT TO YOU. 1. ABT promises to provide an Internet-based marketing program and Online services to attract potential purchasers to HTTP//WWW.▇▇▇▇▇▇▇▇▇.▇▇▇, (▇HE "WEBSITE");
2. ABT promises to advertise in national markets the general services offered to consumers through ABT;
3. ABT promises to use best efforts to promptly forward to You information regarding an identified potential purchaser whose purchase/lease request emanated from within Your assigned Primary Market Area (PMA);
4. ABT promises to provide You with technical support during regular business hours (Pacific Standard Time) to assist You and/or Your representative(s) in the use of Our products and services. Except where otherwise informed by the technical support staff at the time services are requested, this service is free of charge. As some services require substantial time and effort to complete, ABT reserves the right to institute supplemental charges for some services without prior notification;
5. We promise to provide consumers with assistance and support through Our Customer WOW! Program, during normal business hours (Pacific Standard Time);
6. We agree, subject to individual state law restrictions, to continue to develop, maintain, and enforce uniform Customer Service Standards that will be implemented by Our subscribing dealers. To meet such a commitment, ABT reserves the right to amend the Customer Service Standards from time to time to modify, eliminate or impose additional Customer Service Standards as the law or the changing business climate may dictate;
7. We promise to promptly notify Dealer in writing of any revisions to the Customer Service Standards outlined herein. We will not impose amendments or additions to Our Customer Service Standards unless they are applied to all subscribing dealers within Your state;
8. We promise to use best efforts to effectively communicate mutually beneficial information relating to the ABT products and services provided during the term of this subscription;
9. ABT shall use its best efforts to provide prompt transmission of data to Dealer, but shall not be liable for any unintentional loss of data, delays or errors in transmitting data, nor shall We be liable for any damages arising from any data loss, delay, or error;
10. We are responsible to maintain Our own equipment at Our sole expense and will assume all responsibility for loss, damage, and maintenance to Our own equipment;
11. We hereby grant to You a nonexclusive, non-transferable license that will allow up to two simultaneous users to access Our proprietary Dealer Real Time (DRT) information communications system to receive Purchase Requests;
12. NEW VEHICLE EXCLUSIVE PRIMARY MARKET ASSIGNMENT ("PMA"): You have been assigned an exclusive market area [*] for the subscribed new vehicle franchises of [FRANCHISES]. This exclusive area [*] effects new vehicle Purchase Requests only. The U.S. Postal Code description of this PMA assignment is set for in Exhibit "A" attached to this Agreement and incorporated herein by this reference. ABT has sole and complete authority to define Your PMA. Your exclusive PMA [*] will remain in effect for six (6) months [*] without the possibility of adjustment. ABT reserves the right to conduct a market representation study to determine the effectiveness of Your PMA at least once during the term of this Agreement. ABT in their sole discretion may use the results of these studies to among other things, evaluate the market value of Your PMA and Your effectiveness in servicing purchase requests from Your PMA. ABT reserves the right to adjust Your PMA as necessary following such studies by providing You with not less than thirty-(30) days written notice of the pending change;; [*] Confidential treatment requested
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OUR COMMITMENT TO YOU. 1. ABT promises to provide an Internet-based marketing program and Online services to attract potential purchasers to HTTP//WWW.http//www.▇▇▇▇▇▇▇▇▇.▇▇▇, (▇HE "WEBSITE");; The term Purchase Request(s) as utilized in this Agreement, refers to vehicle purchase or lease referral requests originating from the Website. Nothing in this section shall be construed to include direct vehicle orders or locating services.
2. ABT promises to advertise in national markets the general services offered to consumers through ABT;
3. ABT promises to use best reasonable efforts to promptly forward to You information regarding an identified potential purchaser whose purchase/lease request emanated originating through the Website from within Your assigned Primary Market Area (PMA);
43. ABT promises to provide You with technical support during regular business hours (Pacific Standard Time) to assist You and/or Your representative(s) in the use of Our products and services. Except where otherwise informed by the technical support staff at the time services are requested, this service is free of chargeincluded in your monthly subscription fees. As some services require substantial time and effort to complete, ABT reserves the right to institute supplemental charges for some services without prior notification;
54. We promise to provide consumers with assistance and support through Our Customer WOW! Program, during normal business hours (Pacific Standard Time);
65. We agree, subject to individual state law restrictions, to continue to develop, maintain, and enforce uniform Customer Service Standards that will be implemented by Our subscribing dealers. To meet such a commitment, ABT reserves the right to amend the Customer Service Standards from time to time to modify, eliminate or impose additional Customer Service Standards as the law or the changing business climate may dictate;
76. We promise to promptly notify Dealer in writing of any revisions to the Customer Service Standards outlined herein. We will not impose amendments or additions to Our Customer Service Standards unless they are applied to all subscribing dealers within Your state;
87. We promise to use best reasonable efforts to effectively communicate mutually beneficial information relating to the ABT products and services provided during the term of this subscriptionServices;
98. ABT shall use its best reasonable efforts to provide prompt transmission of data to Dealer. Except as otherwise provided for in paragraph I (16) below, but ABT shall not be liable for any unintentional loss of data, delays or errors in transmitting datadata or any loss of business due to electrical power source failure, nor shall We be liable for any damages arising from any data losstelephone transmission failure, delayunforeseen criminal acts of others, Natural Disaster, acts of God, or error;any other conditions beyond our control.
109. We are responsible to maintain Our own equipment at Our sole expense and will assume all responsibility for loss, damage, and maintenance to Our own equipment;
1110. We hereby grant to You a nonexclusive, non-transferable license that will allow up to two simultaneous users to access Our proprietary Dealer Real Time (DRT) information communications system to receive Purchase Requests;
1211. NEW VEHICLE EXCLUSIVE PRIMARY MARKET ASSIGNMENT ("PMA"): You have been assigned an exclusive market area for the subscribed new vehicle franchises of [FRANCHISES]. This exclusive area effects new vehicle Purchase Requests originating from Our Website only. The U.S. Postal Code description of this PMA assignment is set for forth in Exhibit "A" attached to this Agreement and incorporated herein by this reference. ABT has sole and complete authority to define Your PMA. Except in the case of a holdover as set forth in paragraph 13 below, Your exclusive PMA will remain in effect for six (6) months without the possibility of adjustmentadjustment except by the mutual consent of both . ABT reserves the right to conduct a market representation study to determine the effectiveness of Your PMA at least once during the term of this Agreement. ABT in their sole discretion may use the results of these studies to among other things, evaluate the market value of Your PMA and Your effectiveness in servicing purchase requests from Your PMA. ABT reserves the right to adjust Your PMA should the U.S. Postal service make any changes to the zip codes represented or as necessary following such studies by providing a market study. ABT will provide You with not less than thirty-(30) days written notice of the pending change;; ABT shall not be held liable for any unnoticed changes in Your PMA as a result of U.S. Postal Service mandated zip code alteration(s).
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