BuildMyMarketing will begin advertising on behalf of your company after the first day of ad spend, and you agree to pay the following agency rates, which are based on the total monthly ad spend.
You agree to the following minimum billable amount each month, regardless of total ad spend.
You agree to provide access with us to accounts and any information requested for the services.
You agree to be solely liable for all charges, fees and expenses accrued with respect to the accounts managed, which includes technology fees, agency fees, advertising and costs arising from actions taken by us on your behalf during the agreement.
Either party can terminate this agreement at any time for any reason. Upon termination, we will pause your account and send a confirmation. At that point, both parties will cease all access to mutual campaigns and if requested, return any confidential account info. We both agree to not disclose any confidential information during the relationship or for a period of one (1) year after the relationship has been terminated, unless required by law.
This agreement constitutes the final, exclusive and complete agreement of the parties regarding the subject matter hereof and supersedes all agreements, communications and course of dealings between the parties.
AGENCY RELATIONSHIP: Our relationship is that of independent contractors. We will act as your agency or record for the purpose of assessing and managing your advertising accounts and administering advertising spends on your behalf.
CONTENT: You will own all rights and interest to content created for your campaigns which includes text, graphics, images, videos, audio recordings for publication in any medium whatsoever by a publisher. We both agree that any access to accounts, software, systems or intellectual property is to be shared only during the applicable term of this contract.
FEES: Any additional fees for services other than the agency fee will be disclosed and stated in your monthly invoices. On the first business day of the month, we will send you an invoice with the total account ad spend for the previous month along with our agency fees and any additional fees. If no changes are requested within 48 hours, your credit card on file will be automatically charged. Due to the nature of this service we do not offer refunds.
PROMOTION: We may include your name and logo on our website, social media and general marketing materials related to the services we provide. Any attempt to promote our relationship via press release must have written approval from the other party.
COMMUNICATION GUIDELINES: Our preferred method of agency communication is email. This allows us to track every request and when it was completed. Secondary forms of communication such as Phone, Skype, IM, or Slack are acceptable, however we will only be accountable for requests sent via email.
Our business hours are M-F, 8am – 6pm, PST. Account managers are expected to respond to every request within 2 hours during business hours and within 24 hours if sent after hours or during the weekend. Requested tasks may take up to 48 hours to be correctly implemented.
LIMITATION OF LIABILITY: You agree that you have the right to provide us with legal access to your accounts and advertise on your behalf. You agree to indemnify and hold us harmless from all third party claims, liabilities, damages and expenses arising from any unpaid expenses, any breach of representation, any content or services linked to you and/or any of your business activities not arising from our acts or omissions.
Our company, investors or any member of our team will not be liable to you or any other entity for actions taken in good faith, unless fraud, gross negligence or willful misconduct is determined. We are not liable for any delay or failure in the performance of any of the services or for any loss due to any cause beyond our reasonable control.
We make no guarantees with respect to placement of your content or the results of any advertising campaign. No oral or written information or advice given by our team will supersede this agreement. We will not be liable for any amount in connection with this agreement in excess of the amount paid to us during the six (6) month period prior to the date the action arose.
EMPLOYEES: We both agree to not directly or indirectly, employ or solicit for employment any person employed be either company during our relationship or for a period of one (1) year after it ends. If violated, the offender will make a lump sum payment within 30 days for 30% of the employees current or expected annual salary, whichever is higher.
DISPUTES: This agreement is governed by federal law and the laws of Texas. Any dispute we cannot resolve will be decided by an independent arbitrator, whose decision is binding on us, but not to you. If you are not satisfied with the arbitrator’s decision, you may then go to court.