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Yet Another "PERPETUAL" Data Feed Contract!!!

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colson

colson

Smashing Bugs
Sep 17, 2009
31
11
First Name
Chris
#1
Thanks to Jeff's ealier blog post on Edmunds TMV vs. TrueCar topic, I've been paying much closer attention to contracts that come across my desk. Today's offender is EverCarListed. From everything I've seen so far, I think they offer a great product for minimal expense, BUT paragraph C of their Data Release Agreement states:


"Client grants to SuperMedia and DMi a non-exclusive, unlimited, perpetual, worldwide, royalty-free license to use the Data as required for performing services related to the Program and for any lawful purpose, including, without limitation, the right to use the Data in connection with software tools and services (e.g. VIN explosion services and vehicle analytics tools)...."

On the face this doesn't seem too intrusive, but it leave the door open for any purpose THEY deem necessary, and this goes way beyond the basic service they provide.

In any event, I've asked them to remove this paragraph before moving forward. I'll let you know what they respond with.

Happy Selling!!!
 
#5
I was on the phone the other day with a dealer owner and we were talking about this subject. He had mentioned he was doing well with ZAG and was aware of the passing of his transactional data. I asked how he felt about that? His response was basically "gotta give a little to get a little sometimes, so I'm ok giving up this data as long as it gives me a competitive advantage over the competition". And there you have it.
 
#7
CliffC said:
"non-exclusive, unlimited, perpetual, worldwide and royalty-free?"

Those are downright fightin' words!

:)
Click to expand...

I just spoke with the EveryCarListed.com rep that just pitched me their product, and she stated that they do not require nor ask for any info regarding our DMS...other than the xml email to send us leads.

I read to her section C of the agreement and she responded that it does sound ominous...but, they don't need any access at all to our data.
 
#8
So does VinSolutions CRM. It was a recent addition to their Terms of Use that I came across a couple of months ago.

VinSolutions > Terms of Use

"[h=3]3.2. Performance/Transaction Data.[/h] Customer may use the Services to manage leads, transactions, and other customer interactions in connection with the operation of its motor vehicle dealerships and to assess and enhance the performance of its marketing efforts (collectively, this data is referred to as the "Performance/Transaction Data"). Customer hereby grants to VinSolutions and its Affiliates a perpetual, non-exclusive, royalty-free, irrevocable right and license (i) to use, copy, perform, display, distribute and modify the Performance/Transaction Data in any manner or medium, now known or hereafter developed, for VinSolutions' and its Affiliates' business purposes, and (ii) to prepare statistical analyses based on such Performance/Transaction Data ("Statistical Data"), which VinSolutions and its Affiliates may use to improve their services and may combine with other similar data from other customers and disseminate and otherwise use in aggregate form."
 
#9
Agrrip said:
I just spoke with the EveryCarListed.com rep that just pitched me their product, and she stated that they do not require nor ask for any info regarding our DMS...other than the xml email to send us leads.

I read to her section C of the agreement and she responded that it does sound ominous...but, they don't need any access at all to our data.
Click to expand...

We feed over 800 dealer's inventory and I don't recall ECL requesting data from the dealers DMS but rather directly via us or an aggregator.

The wording probably comes from someone using paragraphs from another contract when they put it together.





brian pash
 
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#10
yagoparamo said:
We feed over 800 dealer's inventory and I don't recall ECL requesting data from the dealers DMS but rather directly via us or an aggregator.

The wording probably comes from someone using paragraphs from another contract when they put it together.
Click to expand...

Well, ECL is owned by SuperMedia...I worked as a Sales Director for SuperMedia for 5 years and they are notorious for adding all sorts of useless crap to their contracts. To the point that it makes it hard to sell. My division had a 7 page (unalterable) 4pt font contract for a small pay per click listing on their site.
 
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