General Marketing Agreement


This agreement dated between   (The Client)  and Fernette Operations LLC - Land Local Leads (The Company).

Client gives permission to The Company to charge their credit card in return for local lead generation services and access to The Company/s software.

Client understands that the charge on their credit card will be from Fernette Operations, Fernette Operations LLC, Land Local Leads or www.LandLocalLeads.com.

Terms: Client accepts the Terms of Service and conditions in The Company's Privacy Policy.

 

1.0 Services Rendered

Tasks To Be Performed: The Company will work diligently to design & execute the advertising plan set forth between The Company & the Client. This may include, but is not limited to: Ad Design, Ad Copy, Campaign Management, Ad Adjustment, Lead Generation, Campaign Optimization, Landing Page Design, Web Tracking, Lead Campaign Optimization, Lead Follow Up Creation and all other duties specifically discussed to deliver exclusive leads to the Client. If The Company ever creates assets that include images, names, or anything directly related to The Client, The Client will be asked for approval before assets are made public.

1.1 Artificial Intelligence (AI) Generated Content

Depending on the scope of work for your project, we may utilize text, images, code, or other information generated by Artificial Intelligence systems, collectively referred to as “AI-generated content.” If we elect to use AI-generated content, we will do so in compliance with applicable laws, regulations, and ethical guidelines, and will obtain any necessary permissions or licenses for the use of such content on the website.

Should the Client supply any AI-generated content for inclusion on the website, the Client shall ensure that such content complies with all applicable laws, regulations, and ethical guidelines. The Client shall obtain and provide evidence of all necessary permissions, licenses, and consents required for the use of the AI-generated content.

 

2.0 Payments

Payment: Client agrees to subscription/recurring monthly charge in the amount given in the package chosen (or one full payment for six (6) months or one (1) year). Client agrees to continue a recurring monthly charge in the amount given in the package chosen on a month-to-month basis with the mutual consent of both parties. Client understands that lead costs associated with their lead campaign are not included in their monthly subscription. These costs are determined by any lead generation service the client participates in. 

The Company will give Client a 10-day grace period before applying a 10% late fee for services rendered in any given month. After the 10-day grace period, the payment will be sent to collections.

If The Client is using Google Local Service Ad Management by The Company, and ZERO calls come in for the month, the next month's payment, for this service only, may be waived. This does not include the first month of services due to the time for Google Local Service Ads setup. 

 

3.0 Mutual Cooperation

We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.

3.1 Availability and Communication

We are available via email and phone Monday through Thursday from 9:00 am to 5:00 pm, Fridays from 8:00 am to 12:00 pm Eastern time. Our normal response time is one business day, though our response time may vary. We do not work on weekends or holidays. Clients with current website management services receive priority response times.

Office phone and email are the primary means of communication accepted for our work together. We do not normally communicate via mobile phone, text message, social media, or instant/private messaging (like Facebook Messenger) since we cannot track these requests as a team.

3.2 Testimonials, Marketing and Attribution Links

We reserve the right to use your project as an example in our promotional materials including but not limited to case studies, web pages, blog posts, social media posts, magazine articles, and videos. We will place an attribution link in the footer of your website that links back to our home page. At the end of your project, we may also ask you for a quote describing your experience working with us. We may also ask you to be a reference should any future clients desire to speak with people we’ve worked with in the past.  

 

4.0 Responsibilities

We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).

 

4.1 CLIENT RESPONSIBILITY FOR RELEASES

You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them.

Then when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that include your personal material and information created for this project. Any other general elements of text, images and data you provide will be considered part of and owned by The Company. 

We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.

 

4.2 CLIENT RESPONSIBILITY FOR ACCURACY

You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.

 

5.0 Social Media Guidelines

Monthly Post Allocation

  • Each month, clients are allocated a specific number of social media posts. This number is agreed upon in advance and is based on the client’s social media strategy and package selected.
  • These posts will be created, approved, and scheduled before the start of each month.

Additional Posts

  • Clients are entitled to an additional number of posts per year, beyond their normal monthly allocation. This number (six for the Foundation Plan and Pro Plan and 12 for the Premium Plan) is predefined in the service agreement.
  • These additional posts will be text-only, without images.
  • Requests for additional posts must be submitted at least one business day in advance. They will be completed and posted by the end of the next business day.

Emergency Posts

  • In case of emergencies requiring immediate posting outside of business hours, clients are permitted to create and post content on their own.
  • Emergency posts made by clients are outside the agency’s responsibility and do not count towards the monthly or additional post allocations.

Content Guidelines

  • All content, whether created by the agency or the client, should adhere to brand guidelines and maintain a consistent voice and quality.
  • Content must comply with all relevant laws, regulations, and social media platform rules.

Approval Process

  • All scheduled posts must be approved by the client before being published. This approval will be sought during the content creation process before the beginning of each month.

Reporting and Feedback

  • Regular reports will be provided to track the performance of the social media content.
  • Client feedback is encouraged to continuously improve and tailor the content to the audience’s preferences.

Amendments and Updates

  • These guidelines are subject to amendments. Any changes will be communicated in advance to the clients.

 

6.0 Profession and Plan-Based Exclusivity

 

Exclusive Service Per Plan Type

  • Under the Land Local Leads plans, our agency commits to a unique form of exclusivity: We will work with only one client per profession for each specific plan type (e.g., Premium Plan, Pro Plan, Foundation Plan) within a 20-mile radius.
  • This means, for instance, that we may partner with one Roofer under the Premium Plan and another Roofer under the Pro Plan within the same geographic area, but not more than one Roofer per plan type.

Definition of Non-Compete Per Plan

  • The non-compete clause is specific to each plan type. We assure our clients that we will not provide the same level of service (as per their chosen plan) to another client in the same profession within the designated 20-mile radius.
  • This approach ensures a balanced and fair opportunity for businesses within the same profession but allows flexibility for our agency to serve multiple clients in the same field with different service needs and budgets.

Determination of Exclusive Service Area

  • The 20-mile radius for each client is calculated from their primary business location. The exclusivity is plan-specific and does not extend across different plan types.
  • In case of overlapping areas for different plan types, our agency will maintain a clear distinction in the level and type of services provided to each client to honor the exclusivity agreement.

Duration and Scope of Exclusivity

  • The exclusivity is valid as long as the client remains subscribed to their respective plan. Changes in the plan type by the client may alter the terms of exclusivity.
  • Our services under each plan will be distinctly outlined and adhered to, ensuring that clients on different plans receive the unique benefits and services that come with their selected plan.

Contractual Obligations and Renewal

  • Upon renewal or any change in the client’s plan type, the terms of exclusivity will be reviewed and adjusted accordingly.
  • The agreement is subject to the standard renewal process, with any modifications in the service area or exclusivity terms to be mutually agreed upon.

Adherence to Exclusivity Terms

  • Our agency is committed to adhering strictly to the terms of exclusivity as per the subscribed plan. Any breach of this clause will be addressed promptly in accordance with the agreement.

 

7.0 Confidentiality

The Company acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by The Company on behalf of The Client or disclosed by The Client to The Company.

 

8.0 Termination

Termination: If The Client expresses a written desire to terminate this agreement and services, the services and any use of software and support will terminate upon completion of the current payment period.  Due to the extensive time involvement and nature of the professional services detailed therein, Client waives all rights to any refunds and any chargebacks for services rendered.

The Company asks that The Client give at least 30 days notice of termination in order to make the necessary changes.

 

8.1 Assets and Information Use Upon Termination

The Client has no rights to use any information or data gained from The Company and the software used with The Company upon termination with The Company. 

 

8.2 No Return Policy

Once The Company or The Client decide that termination of the agreement is final, The Client is not able to return to this position with The Company. Due to the desire of other Clients in the area, any given Client only has a single opportunity to work with The Company in this capacity. Termination is final.

 

I certify that I am an authorized user of this credit card.

By signing, I have read and understand the terms of this agreement.

 

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Signed by Joe Fernette
Signed On: January 16, 2024


Signature Certificate
Document name: General Marketing Agreement
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TimestampAudit
April 10, 2023 4:32 pm EDTGeneral Marketing Agreement Uploaded by Joe Fernette - [email protected] IP 2600:6c48:6d7f:bc87:2573:bced:52ee:f6be