I understand Sirius XM Canada Inc. (“SiriusXM”) requires the use of data that exists in my dealer management system (DMS), including customer data, to activate dealer demonstration service on my inventory of Eligible Vehicles and my customers’ SiriusXM Trial Service, and to communicate with customers regarding their Trial Service and options to extend their services following their trial. Therefore, I authorize CDK Global (formerly Digital Motorworks Inc.) or other contractor at SiriusXM’s sole discretion to extract and share with SiriusXM my DMS data (retroactively from 18 months prior to my enrollment and on an on-going basis) for use in connection with this Program.
I agree to take all necessary action required to provide such access, and I represent and warrant that I am authorized under applicable Canadian privacy laws to permit such access for the purposes of enabling and administering the Pre-Owned Vehicle Program. I understand SiriusXM agrees to use my DMS data to facilitate the Program. I agree that this shall not prevent SiriusXM from obtaining and using the same or similar data obtained from third parties, including customers, without restriction.
I also understand that SiriusXM relies on its sources for the accuracy and reliability of its information, and therefore can only assume responsibility for data from Dealer that is accurate, complete and reliable.
Further, I understand I may discontinue my participation in this program at any time upon 30 days written notice to Sirius XM Canada Inc., Attention: OEM, 135 Liberty Street, 2nd Floor, Toronto, ON, M6K 1A7.
By submitting this Authorization Form to Sirius XM Canada Inc., Dealer agrees that the Terms & Conditions set forth herein, and those incorporated by reference, shall serve as an “Agreement,” and Dealer agrees to be bound hereby as of the above “Date.” SiriusXM agrees that it will not sell or share DMS data with anyone without Dealer’s express written consent, other than those SiriusXM contractors used to provide the Program to Dealer and to provide the Trial Service to consumers. Dealer has read, agrees with, and accepts all of the terms of this Agreement. This Agreement encompasses obligations which apply to Dealer, to SiriusXM, and to SiriusXM’s contractors who will have access to Dealer’s DMS data.
By participating in the Program and executing this Authorization Form, Dealer agrees to (A) inform Dealer’s customers about the opportunity to receive Trial Service in their Eligible Vehicles;(B) to obtain from customers any required consents, including to the receipt of commercial messages relating to the program by telephone, automated recorded massages, letter mail or electronic messages; and (C) to make available to customers and insert in Eligible Vehicles SiriusXM promotional materials provided by SiriusXM. The Program may be modified or terminated at any time and without Dealer’s prior notification or consent. The provision and use of SiriusXM subscription services (Trial Service and paid service) are governed by the SiriusXM Customer Agreement; see www.siriusxm.ca, as such terms may be modified from time to time by SiriusXM in its sole discretion.
NEITHER SIRIUSXM, CDK GLOBAL OR ANY OTHER CONTRACTOR OF SIRIUSXM SHALL BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE THAT MAY ARISE IN CONNECTION WITH THE SIRIUSXM RADIO PRE-OWNED VEHICLE PROGRAM, EVEN IF SUCH PARTY HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.