Program Terms - SCALE
Below is an outline of what’s included in our program. By paying the invoice, you accept these terms.
Start Date: the day the invoice is paid
End Date: 3 months then month to month
– Gather logins and onboarding information
– Link G ads, Instagram, and FB acct
– Setup tools and reporting
– Setup and run FB ads (10 business days after we get access to your account)
– Setup STONE ENGAGE with staff training
– Setup all tracking software
– Setup Google Ads + landing pages to test
– Weekly Monday updates
– Launch Google ads (then weekly optimizations)
– Retargeting ad setup
– Optimize FB ads weekly + test new ads (test new ads every 45 days)
– Weekly Monday updates
Please refer to this page for a full list of features that are included with each plan.
This Agreement is entered by and between Countertop Marketing Co (“Company”) and the company this is prepared for (“Advertiser”) on page one for the mutual promises contained herein and other good and valuable consideration, receipt and adequacy of which are hereby acknowledged. Company and Advertiser agree as follows:
1. Terms of Payment. This is a 3 month contract and then it goes to month to month. We bill month to month and your monthly bill date is from the date of your first payment. We will only begin a campaign after payment is made. If a payment is not made, work on the campaign is stopped until that payment has been made. We do not adjust the monthly bill date on late payments. 10 day written notice is required to cancel.
3. Creative. Creative may include banner ads (with or without functionality such as expanding, video in banner, etc), landing pages, or other related elements. Promotional creative may include Facebook custom tabs, Twitter background and overall social media graphics, which shall be at the sole discretion of the advertiser. In the event the Company is asked to design and/or build creative, Client agrees to pay the fees as detailed in this document. In the event that Company agrees to design and/or build creative for no charge, Client agrees that in the event that campaign is cancelled before entire budget is spent, Client will pay the percentage of creative production charge equivalent to the percentage of budget that was not spent. Additionally, if creative is designed free of charge, that creative will remain the property of Company and may be purchased by Client at a cost based on the Company’s standard hourly rates. Outlined graphics in the Countertop Marketing Co. packages are included in the monthly budget.
4. Limitations of liability. In no event shall Company be liable for any special, indirect, incidental or consequential damages (including, without limitation, for breach of contract, warranty, negligence or strict liability), or for interrupted communications, loss or use, lost business, lost data or lost proﬁts (even if company was advised of the possibility of any of the foregoing), arising out of or in connection with this agreement. Under no circumstances shall company be liable to Advertiser or any third parties for an amount greater than the amounts contracted hereunder. In lieu of refund, company shall be permitted to cause the placement of “make-good” advertising, if the “make-good” advertising is provided within a reasonable period of time after the liability has accrued.
5. Indemnity. Advertiser agrees to indemnify, defend, and hold harmless Company for any claims, liabilities, costs and expenses (including reasonable attorney’s fees) made against Company by a third party or parties as a result of the acts or omissions or breach of this Agreement by Advertiser. Company agrees to indemnify, defend, and hold harmless Advertiser for any claims, liabilities, costs and expenses (including reasonable attorney’s fees) made against Advertiser by a third party or parties as a result of acts of gross negligence or willful misconduct by Company. In the event either of these indemnities include claims against the employees, agents or afﬁliates of Company or Advertiser, those employees, agents, or afﬁliates shall be indemniﬁed just as their principal would.
6. Conﬁdential Information. “Conﬁdential Information” shall mean any and all oral or written information that is identiﬁed as conﬁdential and is provided by one party to the other. Neither Advertiser nor Company shall disclose or use the other party’s Conﬁdential Information for any purpose other than the purposes contemplated by this Agreement, unless such disclosure or use is allowed by written permission of the other party. Company may use without written permission the services of subcontractors to develop the creative assets provided that the subcontractor will adhere to all the terms and conditions described herein. Notwithstanding any other provisions hereof, either party may disclose the other party’s Conﬁdential Information to the extent required by applicable law, but only after ﬁve (5) days prior written notiﬁcation to the other party of such required disclosure. Upon termination, cancellation or expiration of this Agreement for any reason, or upon request by either party, all Conﬁdential Information of the requesting party, together with any copies thereof, shall be returned to that party or certiﬁed destroyed. Advertiser’s Conﬁdential Information shall remain the property of Advertiser, and Company’s Conﬁdential Information shall remain the property of Company.
7. Transferability. The terms of this agreement shall be binding upon and inure to the beneﬁt of the Parties to the agreement. Company may fully assign its rights and obligations under this agreement and any assignee/ successor in interest of Company shall have all of the rights and obligations accorded to Company in this agreement.
8. Client Images & Logos. Client authorizes Countertop Marketing Co use of all Client logos, trademarks, Web site images, etc., for use in creating informational pages and any other uses as deemed necessary by Countertop Marketing Co for search engine positioning and optimization. We are not responsible for any copyright infringement lawsuits from images you supply us with.
9. Search Engines. Countertop Marketing Co has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Client site may be excluded from any directory at any time at the sole discretion of the search engine or directory. Countertop Marketing Co will resubmit those pages that have been dropped from the index. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, Countertop Marketing Co does not guarantee number one positions or consistent top ten positions for any particular keyword, phrase or search term. Some search engines and directories may take as long as 2 to 4 months, and in some cases longer, after submission to list your site. Occasionally, search engines will drop listings for no apparent or predictable reason. Often listing will “reappear” without any additional submissions. Should the listing not reappear, Countertop Marketing Co will re-submit the site based on the current policies of the search engine in question.