General Marketing Agreement
This agreement dated Date 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.
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.
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.
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.
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.
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.
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.
6.1 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.
6.2 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.
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Document Name: General Marketing Agreement
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