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.
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.
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.
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.
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.
Monthly Post Allocation
Reporting and Feedback
Amendments and Updates
Exclusive Service Per Plan Type
Definition of Non-Compete Per Plan
Determination of Exclusive Service Area
Duration and Scope of Exclusivity
Contractual Obligations and Renewal
Adherence to Exclusivity Terms
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.
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.
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Signed by Joe Fernette Signed On: January 16, 2024
If you have questions about the contents of this document, you can email the document owner.
Document Name: General Marketing Agreement
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