National Vehicle Subscription Agreement

By accepting these National Vehicle Subscription Terms and Conditions by clicking "Continue" or "Submit" (or a substantially similar acceptance mechanism), or by signing a Motors Pricing Schedule (as defined below) (together, the "Agreement"), you are entering into a legally binding agreement with us and represent that you are able to enter such legally binding agreement. A Motors Pricing Schedule is an ordering document that is signed by eBay and you (digitally or otherwise) and which details the subscription(s) tier you have selected and any other supplemental terms.

If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind such company or other legal entity and its affiliates to this Agreement.

As used herein, "eBay" means eBay Inc.; "you" and "your" means the person or entity named in the subscription information who is subscribing to participate in the Program (as defined below).

1. National Vehicle Subscription Program

The National Vehicle Subscription listings are seven (7) day auction or fixed price format listing in the Car & Truck, Motorcycle or Other Vehicle category on the U.S. eBay website that does not have a restriction that it will only be displayed in response to a search by an eBay User located within a certain distance from the address of the seller (the "Program").

The Program includes only insertion and successful listing fees, and provides you access to one (1) eBay Basic Store.

The High Volume Seller counter located in your My eBay account will not apply once you sign up for a National Subscription. Due to technical limitations, the counter may still appear and show free listings but this will not apply to you.

2. eBay Policies

Your participation in the Program is subject to this Agreement and eBay's Privacy Policy (http://pages.ebay.com/help/policies/privacy-policy.html), User Agreement (http://pages.ebay.com/help/policies/user-agreement.html), and all other policies applicable to eBay sellers and listings on the eBay sites, which are incorporated by reference herein, and as the same may be updated from time to time.

In case of conflict between the eBay policies and the explicit terms in this Agreement, then this Agreement shall control. You may communicate with eBay users using the data obtained on the eBay website only as allowed by the eBay Privacy Policy or with express consent of the eBay user.

You agree to be contacted by eBay and/or any other third parties used by eBay in connection with the Program by telephone, email, U.S. mail, in writing, or by any other means.

3. Dealer License

Subject to the terms of this Agreement, only licensed retail motor vehicle dealers who have completed the Licensed Vehicle Dealer Registration process on the eBay website can participate in the Program. By accepting this Agreement, you hereby represent and warrant that you are a licensed retail motor vehicle dealer and have completed the Dealer Business Registration. If requested by eBay, you will be required to provide a copy of your license or some other form of documentation reasonably requested by eBay to verify that you have a retail motor vehicle dealer license.

4. Subscription

You agree to pay all subscription fees associated with the Program as set out below or as otherwise set out in your Motors Pricing Schedule (the "Subscription Fees"). If you operate multiple dealerships under separate licenses, you will be required to purchase a separate subscription for each dealership, the exception being that if you operate multiple stores under one dealer license within the zip code where your licensed dealership is located you may list inventory from those stores under one subscription. You may only list inventory that is assigned to your dealership. Subscriptions may not be used to broker inventory for private individuals or for other licensed dealerships. eBay may in its discretion back-charge you for subscriptions and/or terminate this Agreement and your Program subscriptions in the event eBay determines that you have not purchased the correct number of subscriptions. Only one Program subscription is permitted per each eBay User ID.

In the case of conflict between this Section 4 and the fees set out in your Motors Pricing Schedule, then the fees in the Motors Pricing Schedule shall control.

There are 2 Stores subscription durations:

"Calendar month" as used in these terms shall mean the first of the month through the last day of the month. "Invoice month" as used in these terms shall mean the billable days included on a seller's invoice (e.g. Nov 1 through Nov 30 or Nov 16 through Dec 15). "Subscription Start Date" shall mean the first date your National Vehicle Subscription starts.

All National Vehicle Subscription fees are included on your monthly invoice. Free-insertion-fee listings and other benefits described on the signup page are allocated to each subscriber on a calendar month basis. Your unused free-insertion-fee listings and other benefits don't carry over to the next calendar month and are reset at the beginning of each.

When you sign up for the first time for a 12 or 3 month subscription:

Yearly subscription examples

If you receive your invoices at the beginning of the month:
Nov 22, 2013 You sign up for a yearly National Vehicle subscription. Your benefits start immediately, including your free-insertion-fee listing allotment for the month of November.
Dec 1, 2013 You're billed for:
  • The Prorated Period (Nov 22 through Nov 31)
  • The First Full Invoice Month (Dec 1 through Dec 30)
Your free-insertion-fee listing allotment is reset for the calendar month of December. The unused free-insertion-fee listing allotment from November is not carried over to December.
Dec 1, 2014 Your National Vehicle subscription will automatically renew for another year unless you cancel it. (Early termination fee may apply.)
If you receive your invoices mid-month:
Nov 10, 2013 You sign up for a yearly National Vehicle subscription your benefits start immediately, including your free-insertion-fee listing allotment for the month of November.
Nov 16, 2013 You're billed for:
  • The Prorated Period (Nov 10 through Nov 15)
  • The First Full Invoice Month (Nov 16 through Dec 15)
Your free-insertion-fee listing allotment is reset for the calendar month of December. The unused free-insertion-fee listing allotment from November is not carried over to December.
Dec 1, 2013 Your free-insertion-fee listing allotment is reset for the calendar month of December. The unused free-insertion-fee listing allotment from November is not carried over to December.
Dec 1, 2014 Your subscription will automatically renew for another year unless you cancel it. (Early termination fee may apply.)

3 Month subscription examples

If you receive your invoices at the beginning of the month:
Nov 22, 2013 You sign up for a 3 month National Vehicle subscription. Your benefits start immediately, including your free-insertion-fee listing allotment for the month of Nov.
Dec 1, 2013 You're billed for:
  • The Prorated Period (Nov 22 through Nov 30)
  • The First Full Invoice Month (Dec 1 through Dec 31)
Your free-insertion-fee listing allotment is reset for the calendar month of December. The unused free-insertion-fee listing allotment from November is not carried over to December.
Mar 1, 2014 Your subscription will automatically renew for another 3 months unless you cancel it.
If you receive your invoices mid-month:
Nov 10, 2013 You sign up for a 3 month National Vehicle subscription. Your benefits start immediately, including your free-insertion-fee listing allotment for the month of Nov
Nov 15, 2013 You're billed for:
  • The Prorated Period (Nov 10 through Nov 15)
  • The First Full Invoice Month (Nov 16 through Dec 15)
Your free-insertion-fee listing allotment is reset for the calendar month of December. The unused free-insertion-fee listing allotment from November is not carried over to December.
Mar 1, 2014 Your subscription will automatically renew for another 3 months unless you cancel it.

5. Specific Prohibitions

You agree that you will not:

  1. Use your subscription to list items other than motor vehicles;
  2. Use your subscription to list a vehicle that is not available for inspection or that is not located at the address stated in the listing;
  3. Use your subscription to list a vehicle that is not located in the same zip code as your principal dealership;
  4. Use your subscription to list vehicles that are not in your inventory;
  5. Include stock photos in subscription listings; and
  6. Assign, sell or transfer your subscription.

6. Term

The initial term of this Agreement shall be either 3 months or 12 months as set forth below in the Subscription Fees section below or, if applicable, your Motors Pricing Schedule, and shall automatically renew at the end of each term for the same period as the initial contract, unless terminated earlier in accordance with this Agreement.

7. Termination

This Agreement may be terminated in the following manner:

By eBay: eBay may terminate this Agreement and end your listings (1) for convenience upon no less than thirty (30) days advance written notice (email being sufficient), or (2) for breach upon written notice (email being sufficient) with immediate effect.

By You: You may terminate this Agreement or change your subscription level at any time from the subscriptions link in your account tab in My eBay. If you terminate this Agreement, you will remain responsible for all Program listings posted by you on the eBay website. If you terminate this Agreement or downgrade your subscription level, you will also be responsible for an early termination fee as follows below (or as otherwise detailed in a Motors Pricing Schedule).

Early termination fee

Early termination fees for yearly Subscription
Calendar Months remaining in your subscription Bronze Silver Gold Platinum
0 $0.00 $0.00 $0.00 $0.00
1 $225.00 $850.00 $2,000.00 $3,750.00
2 $225.00 $850.00 $2,000.00 $3,750.00
3 $225.00 $850.00 $2,000.00 $3,750.00
4 $225.00 $850.00 $2,000.00 $3,750.00
5 $225.00 $850.00 $2,000.00 $3,750.00
6 $225.00 $850.00 $2,000.00 $3,750.00
7 $450.00 $1700.00 $4000.00 $7500.00
8 $450.00 $1700.00 $4000.00 $7500.00
9 $450.00 $1700.00 $4000.00 $7500.00
10 $450.00 $1700.00 $4000.00 $7500.00
11 $450.00 $1700.00 $4000.00 $7500.00
12 $450.00 $1700.00 $4000.00 $7500.00
Early termination fees for 3 month Subscription
Calendar Months remaining in your subscription Bronze Silver Gold Platinum
0 $0.00 $0.00 $0.00 $0.00
1 $475.00 $1,840.00 $4,500.00 $8,500.00
2 $475.00 $1,840.00 $4,500.00 $8,500.00
3 $475.00 $1,840.00 $4,500.00 $8,500.00

8. Amendments

eBay may amend the terms of this Agreement at any time by posting revised terms on the eBay website, and such amended terms shall automatically be effective once posted. If you do not agree with any such changes, you must terminate this Agreement and cease participating in the Program. Except as otherwise expressly provided in this Agreement, this Agreement may not be amended, modified, or supplemented orally and this Agreement may only be amended, modified, or supplemented by an instrument in writing specifically mentioning this Agreement and signed by eBay and you. Any waiver of any provision of this Agreement will be effective only if in writing and signed by eBay.

9. SUBSCRIPTION FEES

The subscriptions hereunder include only insertion and successful listing fees for National listings purchased as part of the subscription and a Basic Store. For any other onsite marketing features, standard fees apply unless otherwise expressly stated. PayPal fees are not included in this Agreement.

3-month Term:
Tier Listing Quantity Monthly Rate Savings*
Bronze 5 $237.50 5%
Silver 20 $920.00 8%
Gold 50 $2,250.00 10%
Platinum 100 $4,250.00 15%
12-month Term:
Tier Listing Quantity Monthly Rate Savings*
Bronze 5 $225.00 10%
Silver 20 $850.00 15%
Gold 50 $2,000.00 20%
Platinum 100 $3,750.00 25%

*Savings based on Insertion Fees paid for Cars & Trucks, RVs & Campers, and Commercial Trucks. Savings for all other vehicle types may vary by category.

All fees will be invoiced on a monthly basis and shall be due and payable within thirty (30) days of the date of invoice. Listings purchased each month must be used within such month; unused listings

Local Market Subscription Terms and Conditions

By accepting these Local Market Subscription Terms and Conditions by clicking "Continue" or "Submit" (or a substantially similar acceptance mechanism), or by signing a Motors Pricing Schedule (as defined below) (together, the "Agreement"), you are entering into a legally binding agreement with us and represent that you are able to enter such legally binding agreement. A Motors Pricing Schedule is an ordering document that is signed by eBay and you (digitally or otherwise) and which details the subscription(s) tier you have selected and any other supplemental terms.

If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind such company or other legal entity and its affiliates to this Agreement.

As used herein, "eBay" means eBay Inc.; "you" and "your" means the person or entity named in the subscription information who is subscribing to participate in the Program (as defined below).

1. Local Market Subscription Program

The "Local Market Subscription" program is a subscription based service that allows you to generate cost-effective sales and lead generation from the Motors section of the eBay website through the use of an 1800 telephone number (the "Program"). You will need to use a solution provider to provide bulk upload and additional services such real-time inventory integration on your existing website, descriptive used-vehicle window stickers, and video technology. Additional solution provider fees and services apply and vary depending on your selected solution provider.

Local Market Subscription listings appear in the Car & Truck, Motorcycle or Other Vehicle category on the U.S. eBay website and do have restrictions which will cause them to only be displayed in response to a search by an eBay customer located within a certain distance from your address.

In order to participate in the Local Market Subscription, you must work with and make your data available to an eBay-approved service provider that offers bulk-upload and other productivity tools ("Service Provider"). By accepting this Agreement, you consent to Service Providers:

  1. contacting you;
  2. collecting information relating to your eBay website account and participation in the Program, including any personal information;
  3. disclosing your information to eBay and its related associated entities;
  4. managing aspects of your eBay website account at your request, including: creation of your account, creation of an About Me page for your account, and discussing your account with eBay Customer Support on your behalf; and
  5. polling data, or accepting data feeds, directly from you for purposes of translating, annexing, and standardizing your inventory data so that it is compatible with eBay listing formats.

At no cost to you, eBay will assign a toll free number to your Local Market subscription account (the "Toll Free Number"). The Toll Free Number will be provided by a third party service provider selected by eBay in eBay's sole discretion. You must include the Toll Free Number in all of your Local Market listings, and you must use such Toll Free Number for all telephone communications with eBay Users related to your Local Market listings. For the sake of clarity, you may not include or display any telephone number other than the Toll Free Number in any Local Market listings.

As used herein, "eBay User" means any person who accesses any page on the eBay website including, without limitation, your listings. In addition, you may not use the Toll Free Number on or in connection with any listings other than your Local Market listings on www.motors.ebay.com. You hereby agree to comply with all laws, rules and regulations related to use of the Toll Free Number. The Toll Free Number will provide you and eBay with the benefit of various enhanced functionalities including, without limitation, call tracking, data appending, and caller demographic information. You acknowledge and agree that all calls made using the Toll Free Number may be monitored and/or recorded by eBay or a third party service provider selected by eBay. You shall notify your employees in writing that their calls may be monitored and/or recorded by you, eBay and third party service providers of you and eBay, and you shall keep a written acknowledgement of such notification by each employee in their personnel files. By accepting this Agreement and participating in the Program you agree to allow eBay and its subsidiaries and affiliates to access and use all data and information collected, gathered, or provided through the Toll Free Number, calls made using the Toll Free Number and/or services or functionalities facilitated by such Toll Free Number (the "Content"). You grant eBay and its subsidiaries and affiliates a perpetual, worldwide, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights and all other rights you have in the Content, in any media known now or in the future.

2. eBay Policies

Your participation in the Program is subject to this Agreement and eBay's Privacy Policy (http://pages.ebay.com/help/policies/privacy-policy.html), User Agreement (http://pages.ebay.com/help/policies/user-agreement.html), and all other policies applicable to eBay sellers and listings on the eBay sites, which are incorporated by reference herein, and as the same may be updated from time to time.

In case of conflict between the eBay policies and the explicit terms in this Agreement, then this Agreement shall control. You may communicate with eBay users using the data obtained on the eBay website only as allowed by the eBay Privacy Policy or with express consent of the eBay User.

You agree to be contacted by eBay and/or any other third parties used by eBay in connection with the Program by telephone, email, U.S. mail, in writing, or by any other means.

3. Dealer License

Subject to the terms of this Agreement, only licensed retail motor vehicle dealers who have completed the Licensed Vehicle Dealer Registration process on the eBay website can participate in the Program. By accepting this Agreement, you hereby represent and warrant that you are a licensed retail motor vehicle dealer and have completed the Dealer Business Registration. If requested by eBay, you will be required to provide a copy of your license or some other form of documentation reasonably requested by eBay to verify that you have a retail motor vehicle dealer license.

4. Subscription

You agree to pay all subscription fees associated with the Program as set out below or as otherwise set out in your Motors Pricing Schedule (the "Subscription Fees"). If you operate multiple dealerships under separate licenses, you will be required to purchase a separate subscription for each dealership, the exception being that if you operate multiple stores under one dealer license within the zip code where your licensed dealership is located you may list inventory from those stores under one subscription. You may only list inventory that is assigned to your dealership. Subscriptions may not be used to broker inventory for private individuals or for other licensed dealerships. eBay may in its discretion back-charge you for subscriptions and/or terminate this Agreement and your Program subscriptions in the event eBay determines that you have not purchased the correct number of subscriptions. Only one Program subscription is permitted per each eBay User ID.

In the case of conflict between this Section 4 and the fees set out in your Motors Pricing Schedule, then the fees in the Motors Pricing Schedule shall control.

5. Specific Prohibitions

You agree that you will not:

  1. Use your subscription to list items other than motor vehicles;
  2. Use your subscription to list a vehicle that is not available for inspection or that is not located at the address stated in the listing;
  3. Use your subscription to list a vehicle that is not located in the same zip code as your principal dealership;
  4. Use your subscription to list vehicles that are not in your inventory;
  5. Include stock photos in subscription listings; and
  6. Assign, sell or transfer your subscription.

6. Term

The initial term of this Agreement shall be 3 months as set forth below in the Subscription Fees section below or, if applicable, your Motors Pricing Schedule, and shall automatically renew at the end of the initial term on a month-to-month basis, unless terminated earlier in accordance with this Agreement.

7. Termination

This Agreement may be terminated in the following manner:

By eBay: eBay may terminate this Agreement and end your listings (1) for convenience upon no less than thirty (30) days advance written notice (email being sufficient), or (2) for breach upon written notice (email being sufficient) with immediate effect.

By You: You may terminate this Agreement, in whole or in part, at any time by providing written notice (email being sufficient) to eBay, however fees will apply to early cancelations or subscription downgrades. If you terminate this Agreement, you will remain responsible for all Program listings posted by you on the eBay website. If you terminate this Agreement or downgrade your subscription level, you will also be responsible for an early termination fee as follows below (or as otherwise detailed in your Motors Pricing Schedule).

Early termination fee

If you cancel this Agreement prior to the three-month term, you will remain responsible to eBay for any unpaid portion of the fixed initial fee. eBay will not refund any fees paid by you. For terminations after the initial three-month term, your last month will be pro-rated, for example if you give us notice on January 15th, you will be billed the entire month of January plus a prorated fee for the first 15 days of February.

8. Amendments

eBay may amend the terms of this Agreement at any time by posting revised terms on the eBay website, and such amended terms shall automatically be effective once posted. If you do not agree with any such changes, you must terminate this Agreement and cease participating in the Program. Except as otherwise expressly provided in this Agreement, this Agreement may not be amended, modified, or supplemented orally and this Agreement may only be amended, modified, or supplemented by an instrument in writing specifically mentioning this Agreement and signed by eBay and you. Any waiver of any provision of this Agreement will be effective only if in writing and signed by eBay.

9. SUBSCRIPTION FEES

Fixed 3-Month Initial Term Followed by a Month-to-Month Automatic Renewal: The fee for the initial three-month term is $3,000.00 fee, which will be payable in three $1,000.00 monthly payments. After the initial three-month term, this Agreement continues on a month-to-month term at $1,000.00 per month.

All fees will be invoiced on a monthly basis and shall be due and payable within thirty (30) days of the date of invoice.