This Master Subscription Agreement (“Agreement”) is made and entered into between The Dealer (“Customer”) and Benchmark Data, Inc. (“Benchmark”) on the date of agreement (date).
- Services. Benchmark agrees to provide Customer with access to its software platform and related services (the “Service”) during the term of this Agreement.
- Free Trial. Customer will receive a free 60-day trial of the Service from the date of agreement. If the Service is not cancelled within the 60-day trial period, Customer will be automatically enrolled in the monthly subscription plan and payment will be scheduled.
- Subscription. This is a monthly subscription agreement. The subscription fee for the Service will be due on a monthly basis, payable by Customer to Benchmark. The subscription fee will be automatically charged to Customer’s account each month.
- Cancellation. Either party may terminate this Agreement with a 30-day written notice. Customer must cancel the subscription before the next billing cycle in order to avoid the next billing cycle’s charges.
- Intellectual Property Rights. Benchmark owns all rights, title, and interest in and to the Service, including all intellectual property rights, and any derivative works of the Service.
- Confidentiality. Benchmark agrees not to disclose any data or information to any third party without Customer’s prior written consent. Customer agrees not to disclose any data or information to any third party without Benchmark’s prior written consent.
- Limitation of Liability. In no event shall Benchmark be liable to Customer for any indirect, special, incidental or consequential damages arising out of or in connection with this Agreement.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of IL.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
- Amendments. This Agreement may be amended or modified by Benchmark from time to time. Any such amendment or modification shall be effective upon posting on the Benchmark website, https://benchmarktm.com.
By clicking “I Agree,” Customer acknowledges that they have read, understood, and agree to the terms and conditions of this Agreement.