SiriusXM for Shop Customers Program (“Program”)

The SiriusXM for Shop Customers Program (formerly the Service Lane Program) provides:

1. A complimentary consumer trial subscription (“Trial Subscription”) to the SiriusXM radio service (and, at SiriusXM’s option, other qualified services) for each vehicle with a factory-installed satellite radio or other eligible equipment (“Equipped Vehicles”) that is serviced at my shop (“Shop”) and qualified by SiriusXM*,
2. No activation fees for the Trial Subscription, and
3. Notification to customer that the Trial Subscription is provided courtesy of your shop and SiriusXM. The Shop for Shop Customers Program will be available for all makes of Eligible Vehicles serviced by shop. The SiriusXM for Shop Customers Program is offered at no cost to participating shops or its customers.

*Certain Equipped Vehicles may not qualify for a Trial Subscription as part of the Shop Program, such as vehicles with active or recently active SiriusXM radio service subscriptions (on a trial or paid subscription basis). SiriusXM may at its discretion provide options for customers servicing non-Equipped Vehicles (or Equipped Vehicles that do not qualify for a Trial Subscriptions) to receive a trial subscription to SiriusXM Streaming, connected vehicle or other qualified services.

Terms & Conditions:

By participating in the Program, Shop understands and agrees that Sirius XM Radio Inc. (together with its subsidiaries, “SiriusXM”) requires the use of certain Shop data, including certain customer data, to activate SiriusXM trial subscriptions (“Trial Subscriptions”) for customers in vehicles with factory-installed satellite radios or other eligible equipment (”Equipped Vehicles“), create SiriusXM Trial Subscription accounts for customers (including, at SiriusXM’s discretion, provide Trial Subscription options for SiriusXM Streaming or other qualified services to customers with non-Equipped Vehicles or non-qualifying Equipped Vehicles), deliver SiriusXM services to customers, communicate with customers regarding their Trial Subscriptions and options to extend their SiriusXM services following the end date of such Trial Subscriptions, update contact information for existing or former SiriusXM subscribers, and related business purposes [such purposes, collectively, the “Program”]. SiriusXM agrees that it will not use Shop data for any purpose other than the Program, and that it will not sell nor share Shop data with anyone without Shop’s express written consent, other than those SiriusXM contractors used in connection with carrying out the Program. Therefore, Shop agrees to share with SiriusXM (or its contractor) its Shop data on an on-going basis (and retroactively from thirty (30) days prior to Shop enrollment) for use in connection with the Program and Shop agrees to take all necessary action required to facilitate such sharing of data with SiriusXM. To the extent such data will be shared through Shop’s Shop Management System (SMS) or other data provider, Shop hereby authorizes and instructs its data provider to allow access to or share Shop data with SiriusXM (or its contractor). Shop agrees that if its Shop data is aggregated with the data of sister or affiliate shops, then Shop is authorized to share (or permit the sharing of) data on behalf of such sister or affiliate shops in the same manner for use in connection with the Program. Shop understands that SiriusXM agrees to use Shop data solely to facilitate the Program, provided that this shall not prevent SiriusXM from obtaining and using the same or similar data obtained from third parties, including customers, without restriction. Shop also understands that SiriusXM relies on its sources for the accuracy and reliability of its information, and therefore can only assume responsibility for data from Shop that is accurate, complete and reliable.

Shop agrees to inform customers that they may be eligible for Trial Subscriptions and that Sirius XM may contact them to offer Trial Subscriptions and/or confirm eligibility. Shop shall not represent that all customers will receive Trial Subscriptions as part of the Program. Shop shall be considered an agent of SiriusXM solely for purposes of performing the obligations in this paragraph

By participating in the Program, Shop agrees that the Terms & Conditions set forth herein, and those incorporated by reference, shall serve as an “Agreement,” and Shop agrees to be bound hereby as of the date of Shop’s initial participation in the Program or Shop’s submission of an Authorization Form, whichever is earlier. Shop has read, agrees with, and accepts all of the terms of this Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. This Agreement encompasses obligations which apply to Shop, to SiriusXM, and to SiriusXM’s contractors who will have access to Shop’s data. This Agreement shall be binding on Shop’s successors and assigns. The Program, in whole or in part, may be modified or terminated at any time and without Shop’s prior notification or consent. SiriusXM may terminate Shop’s participation in the Program immediately upon Shop’s breach of any of the terms of this Agreement or upon thirty (30) days’ written notice for any reason or no reason. The provision and use of SiriusXM subscription services (Trial Subscriptions and paid subscriptions) are governed by the SiriusXM Customer Agreement available at www.siriusxm.com, as such terms may be modified from time to time by SiriusXM in its sole discretion. Each party agrees that it will comply with all applicable legal obligations relating to privacy, security, integrity, and confidentiality of data collected from Shop (“Customer Data”), except for aggregated data that does not enable identification of the shop’s individual retail customers and any other extracted data, which obligations may include the Gramm-Leach-Bliley Act and its implementing regulations, the Personal Information Protection and Electronic Documents Act of Canada, the California Consumer Privacy Act or other laws of any state of the United States, and the laws of any province of Canada. Each party agrees that it will, at a minimum, implement and maintain appropriate administrative, technical, and physical safeguards reasonably designed to: (a) ensure against any anticipated threats or hazards to the security or integrity of the Customer Data; and (b) protect against unauthorized access to or use of the Customer Data that could result in substantial harm or inconvenience to the Shop or the individual who is the subject of Customer Data. Each party may disclose Customer Data, when required, pursuant to any federal or state law or regulation or rules or regulations of any governmental agency. In addition, Sirius XM hereby agrees to the Data Protection Addendum available at www.siriusxmforshops.com/DataProtectionAddendum.aspx, as it may be modified from time to time by SiriusXM in its sole discretion, which is incorporated herein by reference. These provisions shall apply during the term and after the termination of the Agreement.

NOTICE TO SHOPS: THIS AGREEMENT RELATES TO THE TRANSFER AND ACCESSING OF CONFIDENTIAL INFORMATION AND CUSTOMER RELATED DATA. TO THE EXTENT REQUIRED BY APPLICABLE STATE OR FEDERAL LAW, SHOP AGREES TO PROVIDE TO CUSTOMERS A WRITTEN NOTICE EXPLAINING THE TYPES OF CUSTOMER DATA THAT SHOP WILL SHARE WITH SIRIUSXM AND THE PURPOSE FOR WHICH SHOP WILL DISCLOSE CUSTOMER DATA TO SIRIUSXM, AND CONCURRENTLY WITH THE WRITTEN NOTICE, A CLEAR AND CONSPICUOUS METHOD BY WHICH CUSTOMERS CAN OPT OUT OF SHOP’S DISCLOSURE OF CUSTOMER DATA TO SIRIUSXM FOR PARTICIPATION IN THE PROGRAM. TO THE EXTENT ANY CUSTOMER EXPRESSES A DESIRE NOT TO RECEIVE A SIRIUSXM TRIAL SUBSCRIPTION OR HAVE HIS OR HER CUSTOMER DATA SHARED WITH SIRIUSXM (BY OPTING-OUT OR OTHERWISE), SHOP SHALL NOT SHARE SUCH CUSTOMER DATA WITH SIRIUSXM OR ITS CONTRACTORS. SHOP AGREES TO SHARE WITH SIRIUSXM OR ITS CONTRACTORS, OR PROVIDE ACCESS TO, CUSTOMER DATA ONLY TO THE EXTENT PERMITTED UNDER SHOP’S PRIVACY POLICY AND IN ACCORDANCE WITH APPLICABLE LAW.

NEITHER SIRIUSXM, ANY OTHER CONTRACTOR OF SIRIUSXM, NOR SHOP’S DATA PROVIDER, 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 PROGRAM, EVEN IF SUCH PARTY HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.

THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, REGARDLESS OF PRINCIPLES OF CONFLICTS OF LAWS THAT MAY REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. ANY ACTION OR LITIGATION CONCERNING THIS AGREEMENT WILL TAKE PLACE EXCLUSIVELY IN THE FEDERAL OR STATE COURTS SITTING IN NEW YORK, NEW YORK, AND THE PARTIES EXPRESSLY CONSENT TO THE JURISDICTION OF AND VENUE IN SUCH COURTS AND WAIVE ALL DEFENSES OF LACK OF JURISDICTION AND INCONVENIENT FORUM WITH RESPECT TO SUCH COURTS.

SIRIUSXM RESERVES THE RIGHT TO CHANGE THE TERMS & CONDITIONS OF THE PROGRAM AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON THE POSTING OF THE CHANGES ON WWW.SIRIUSXMFORSHOPS.COM (THE “SITE”) OR UPON SHOP’S RECEIPT OF SUCH CHANGED TERMS & CONDITIONS, WHICHEVER IS EARLIER. SHOP’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH UPDATE WILL CONSTITUTE SHOP’S ACCEPTANCE OF SUCH CHANGED TERMS & CONDITIONS. SHOP SHOULD FREQUENTLY REVIEW THE TERMS & CONDITIONS ON THE SITE FROM TIME TO TIME TO UNDERSTAND THE TERMS THAT APPLY TO ITS PARTICIPATION IN THE PROGRAM.

Shop may discontinue its participation in the Program at any time upon thirty (30) days’ written notice to Sirius XM Radio Inc., Attention: Automotive Remarketing, 27200 Haggerty Road, Suite B-5 Farmington Hills, MI 48331.

Last Updated: July 23, 2024

AUTHORIZATION TO COLLECT AND USE DATA

This Authorization To Collect And Use Data (“Authorization”) is provided to you (“Participating Shop” or “you”) in connection with your participation in the SiriusXM For Shop Customers Program for Shops (SXM) (the “Program”). The terms of this Authorization are provided below. By way of introduction, SXM is working with Epicor Software Corporation (“Epicor”, “us” or “we”) to help manage the sign-up and collection of data from companies that wish to participate in the Program.

1. Authorization. By signing, you agree on a no-fee basis to allow us to enable your point of sale and/or shop management system (“System”) to transmit, or allow us to collect the following data (“Data”): (a) Certain Participating Shop data, including personally identifiable information of your customers, so SXM can carry out the Purpose of the Program, and (b) Certain non-personally identifiable data, that consists primarily of repair order data (“Repair Data”) for use by Epicor to provide anonymized, automotive-based, market services (collectively, the “Purpose”). For further clarity, Repair Data does not individually identify you or your customers. Both sets of Data appear in your automotive repair orders.

2. Operation. We will not unreasonably interrupt the operation of your System while accessing your Data. All transmissions to us of Data will be initiated either by your System or by us, depending on your System type. Of course, outside of our responsibilities under this authorization, you will remain responsible for the security of your System and your Data.

3. Ownership. You will always own your Data. We will own all compilations, analyses, databases, and derivative works created by us containing the Repair Data, the market research services, and the market research reports.

4. Termination. Either you or we may terminate this Authorization, for any reason or no reason, effective immediately upon receipt of written notice of termination from the other. Notice to us must be sent to Epicor Software Corporation, 807 Las Cimas Parkway, Austin Texas, 78476, Attn: VP of Customer Services and Attn: Legal Department. Epicor's right to obtain Data from your System will cease as of the date of termination of this Authorization, though Repair Data collected prior to termination may continue to be included in Epicor’s data bases. The provisions of Sections 3, 4, 5, and 6 will survive any termination of this Authorization.

5. Limitation of Liability. YOU AGREE THAT WE AND SXM WILL NOT IN ANY EVENT BE LIABLE TO YOU UNDER THIS AUTHORIZATION FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF PROFITS, DATA OR GOODWILL, OR USE OF DATA BY ANY THIRD PARTY, WHETHER SUCH DAMAGES OR LOSSES ARISE IN CONTRACT, TORT OR OTHERWISE, OR ARE SUFFERED DIRECTLY OR INDIRECTLY, EVEN IF WE ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. Our and SXM’s maximum liability under this Authorization will not exceed, in the aggregate, $500.

6. Miscellaneous. We will not be liable for any failure to perform any of our obligations under this Authorization if such failure is due to any cause or condition beyond our reasonable control. This Authorization shall be governed by and construed under the laws of the state of Texas. This Authorization cannot be modified except in a written document signed by an authorized representative of each party.