Lead Launcher Contract Agreement

(AGREEMENT TO ADD TO LEAD LAUNCHER MTKT FORM):

Lead Launcher reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes.This agreement (“Agreement”) is hereby made between Lead Launcher, and the undersigned, hereinafter “Agency” and “Client” (if applicable), for the purchase of advertising services on Facebook and/or other media/platforms as set forth herein. The parties hereby agree to the following:

1. DESCRIPTION OF SERVICES

During the Term of this Agreement, Agency will provide management of Facebook Ads according to Marketing Questionnaire submitted by Client. Client agrees to provide a minimum of 72 hours of notice for any revisions to the campaign (defined as impacting original campaign details per Marketing Questionnaire), including but not limited to budget, advertising dates, verbiage, and any additional changes that may impact the original campaign details. Request for changes must be submitted in writing to [email protected]. Once the campaign has begun, changes are subject to a waiting period for revisions to be successfully made. Requests will be processed within hours of operation in the order received. Client will furnish all other facilities, labor, materials, furnishings, and equipment necessary for Client’s operation. Client is responsible for reviewing the promotion materials and how the campaign is structured.

2. SERVICE LOCATION

The Service to be provided under this Agreement shall be performed at the Agency’s place of business. (i.e. Headquarters)

3. SCHEDULE AND DAYS OFF

Agency is generally available to provide Services during normal business hours. Monday thru Thursday 8am – 5pm PST, and Friday from 8am – 12pm PST, excluding national holidays.

In the event that Agency will be unavailable due to vacation or other foreseen events, every effort will be made to give reasonable notice.

4. PAYMENT FOR SERVICES

(a) Price. Agency shall perform the Services for Client as outlined per Marketing Questionnaire Agreement unless agreed upon otherwise in writing.

(b) Payment Agreement. Agency shall invoice Client campaign deposit upon submission of Marketing Questionnaire. Client will be charged marketing fees at the beginning of the campaign, and Facebook ad spend upon the conclusion of the campaign.

5. TERM/TERMINATION

(a) Term. This Agreement takes effect on date of the Marketing Questionnaire submission. Extension of Marketing Questionnaire campaigns are subject to approval by Agency.

(b) Termination for Convenience. Client may terminate this Agreement with or without cause by giving the other party, Agency, 72 hours notice of termination. Cancellation policy otherwise noted on the Marketing Questionnaire.

(c) Termination for Default. If either party breaches any material provision of this Agreement, and fails to correct the breach (or, if breach cannot be corrected within 72 hours, fails to progress diligently towards correction) then the other party may terminate this Agreement by giving seven (7) days written notice to the breaching party. Cancellation or refund policy is noted otherwise.

(d) Renewal. This Agreement may be renewed or extended with the written consent of both parties.

6. CANCELLATION

(a) Process. Client request must be received in writing by emailing [email protected].
Requests are processed during Agency’s hours of operation and handled in the order received. A full refund of the campaign deposit will be made if Client chooses to cancel Agency services within 72 hours of submitting the marketing questionnaire. The balance will be credited to the card used for the marketing questionnaire. If Client chooses to terminate Agency services after 72 hours, then Client forfeits the full amount of the campaign deposit.

(b) Ad Spend. Once an ad campaign has started, the ad spend is utilized in accordance with Client budget submitted with the marketing questionnaire. If a cancellation request is made, Client is still responsible for payment of the ad spend before the request has been successfully processed. If the amount of ad spend is less than the deposit made, Agency will deduct the amount due from the ad spend before processing the refund. If the amount of ad spend exceeds the deposit made, Agency will be charging the method of payment used by Client in Marketing Questionnaire for the outstanding balance.

7. NON-DISCLOSURE AND NON-SOLICITATION

Agency shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to Client, including but not limited to: customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets.

8. RELATIONSHIP OF PARTIES

(a) Independent Contractors. The relationship of the parties is that of independent contractors, and no partnership, joint venture, agency, employment, or other relationship is intended. Contractor shall defend, indemnify, and hold Client harmless from and against any income, payroll or withholding tax assessed upon the compensation of any person performing the Services hereunder.

(b) Assignment. Neither party may assign this Agreement without the prior written consent of the other party, except that Lead Launcher may subcontract or delegate portions of the Services; provided, however, that in no case shall Client be liable to any party other than Agency, or for any amount in excess of the price specified on the Marketing Questionnaire.

9. LIABILITY

Agency will not be liable for loss, damage or delay of Client’s project due to circumstances beyond Agency control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact Client. In the event of such loss, damage or delay, Agency will make every effort to notify Client immediately.

10. CONFIDENTIALITY

Agency will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Agency, or divulge, disclose or communicate in any manner any information that is proprietary to the Client. Lead Agency will protect such information and treat it as strictly confidential.

11. SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Submission of the Marketing Questionnaire and acknowledgement of the document indicates Client acceptance of the aforementioned terms.