ListLot Network Lead Service Addendum

01What this adds

This addendum supplements the ListLot Terms of Service between your dealership (the “Dealership”) and ListLot (“ListLot”). By checking the box and clicking to accept it, you agree to it for the Dealership, confirm that you are authorised to bind the Dealership, and agree that this is your electronic signature.

The Terms describe ListLot as an assistant, not an agent, that takes no leads. For the Network, and only the Network, this addendum changes that as set out below. Where the two conflict about the Network, this addendum wins.

02Appointment of marketing agents

The Dealership appoints ListLot, and each marketing manager ListLot places with it, as the Dealership's agents for advertising the vehicles the Dealership releases to them. Their authority is limited to:

• Advertising — posting released vehicles on Facebook Marketplace, Craigslist and other channels ListLot supports, naming the Dealership as the seller.
• Collecting leads — sending interested buyers to a ListLot lead form and delivering what they submit to the Dealership.

Marketing managers have no authority to negotiate, quote terms, take money or documents, or sign anything for the Dealership.

03The Dealership sells

• Every sale — all pricing, negotiation, financing, trade-ins, paperwork, title, disclosures and delivery are handled by the Dealership's own licensed staff.
• Release control — marketing managers can post only the vehicles the Dealership releases in ListLot. Taking a vehicle back stops new posts of it.
• Accurate data — the Dealership is responsible for the accuracy of the vehicle data, prices and offers it gives ListLot, and for complying with advertising law for them.

04Qualified leads

A “Qualified Lead” is a unique submission through a ListLot lead form, from a consumer interested in a vehicle the Dealership released to the Network, with a name, a working phone number and an email address, and the consumer's consent to be contacted by the Dealership.

05Reviewing leads

• Review — each lead appears in the Dealership's ListLot dashboard with the time it was delivered. The Dealership reviews each lead in good faith and approves or rejects it there.
• Rejecting — a rejection must give a valid, verifiable reason: a duplicate of a lead delivered in the last 30 days, a phone number that doesn't work, a consumer who says they never asked, or a consumer already in the Dealership's records before the lead. ListLot may review a rejection and reverse it if the reason doesn't hold.
• Contacting a lead — if the Dealership contacts or sells to the consumer in a lead, it may not then reject that lead.

06Lead fee and billing

• The fee — the Dealership pays ListLot the per-lead fee agreed with ListLot for the Dealership and shown in ListLot, for each approved Qualified Lead. ListLot gives 30 days' notice in the app before changing it.
• What it pays for — the fee pays for ListLot's marketing and lead services. It is owed whether or not the lead becomes a sale, and ListLot does not negotiate or arrange any sale.
• Pre-authorised billing — the Dealership authorises ListLot to charge the card or bank account on file through Stripe for each approved lead, as each is approved or in a periodic invoice. Fees for approved leads are final and are not refunded.
• Disputes — the Dealership raises any billing question with ListLot first, within 30 days of the charge, and agrees not to reverse a valid charge through its bank or card issuer. If it does, it repays the charge and any fees ListLot incurs, and ListLot may pause the Dealership's Network access until it is settled.

07Marketing managers

• ListLot's contractors — marketing managers are independent contractors of ListLot, and ListLot pays them. The Dealership owes them nothing.
• No direct deals — while this addendum is in effect and for 12 months after, the Dealership will not pay a marketing manager it met through the Network for leads or referrals except through ListLot.
• Concerns — the Dealership reports any problem with a marketing manager to ListLot, which can pause or end a placement at once.

08Consumer data and compliance

ListLot acts as a technology and B2B advertising service. Once a lead is delivered, the Dealership is solely responsible for how it contacts and markets to that consumer, including under the Telephone Consumer Protection Act and federal and Arizona marketing law, and confirms it has the systems to honour opt-outs.

09Ending and changes

• Leaving the Network — the Dealership may leave the Network at any time by emailing [email protected]. Leads delivered before then still go through the review window and are billed if approved.
• Changes — if ListLot changes this addendum, the Dealership is asked to accept the new version in the app. Until it does, marketing managers cannot post for it.
• Law — governed by the law of Arizona, with disputes heard in Maricopa County, Arizona.