This Master Terms of Service (the "Agreement") is entered into by and between Promotive Marketing ("Agency"), an Illinois-based digital marketing agency, and the entity or individual purchasing services ("Client"). By engaging Agency for digital marketing services, Client agrees to be bound by the following terms and conditions.

1. Services & EngagementAgency provides digital marketing services including, but not limited to, Google Advertising (PPC), Social Media Advertising (Facebook/Instagram), Local Search Engine Optimization (SEO), Answer Engine Optimization (AEO), Website Design, and Automated Lead Nurturing. Services are provided on a month-to-month basis unless otherwise specified in a supplemental Statement of Work.

2. Fees, Payment, and No Chargebacks

‍Payment Terms: Fees for services are billed monthly in advance. All payments are due upon receipt of invoice or as scheduled via automated billing.

‍Non-Refundable: All fees paid to Agency are non-refundable.

‍No Chargebacks: Client agrees that they shall not initiate any chargebacks or payment disputes with their credit card provider or bank for services already rendered. Client acknowledges that the 30-day cancellation process is the sole method for terminating payments.

3. 30-Day Cancellation Policy

‍Notice Period: Client may terminate services at any time by providing a minimum of thirty (30) days' prior written notice to Agency.

‍Final Payment: Because Agency resources are allocated in 30-day increments, the final payment will be due on the last day of the 30-day notice period.

‍No Proration: Services are not prorated. If notice is given mid-billing cycle, the Client remains responsible for the full final billing period to cover the 30-day notice requirement.

4. Ownership and Asset Release

‍Client Ownership: Upon full and final payment of all outstanding balances, Client shall own all right, title, and interest in and to the deliverables created specifically for Client, including website files, ad account configurations, creative content, and data.

‍Asset Release: Agency agrees to provide all necessary login credentials and transferrable files to Client upon the conclusion of the 30-day notice period, provided no balance remains outstanding. Agency shall not withhold access to Client-owned assets as a "hostage" tactic, subject to the fulfillment of all financial obligations.

5. Client Representations and Indemnification

‍Professional Compliance: Client represents and warrants that it is properly licensed to conduct its business and that all information, claims, and marketing materials provided to Agency are truthful and compliant with local, state, and federal regulations.

‍Indemnification: Client agrees to indemnify, defend, and hold harmless Agency and its employees from and against any and all claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to Client’s business operations, licensing status, or any false or misleading claims provided by Client for use in marketing materials.6. Third-Party Platforms and Performance

‍Platform Dependency: Agency manages marketing efforts on third-party platforms including, but not limited to, Google, Meta (Facebook/Instagram), and various SEO directories. Agency is not liable for algorithm changes, account suspensions, policy updates, or service outages initiated by these third parties.

‍No ROI Guarantees: While Agency utilizes industry-leading strategies, digital marketing is subject to external market forces. Agency makes no guarantees regarding specific financial returns, lead volume, or fixed cost-per-lead metrics.

7. Non-SolicitationDuring the term of this Agreement and for a period of twelve (12) months following its termination, Client agrees not to solicit, recruit, or hire any employee or independent contractor of Agency without prior written consent. If Client breaches this provision, Client agrees to pay Agency a recruitment fee equal to fifty percent (50%) of the hired individual’s new annual salary or total projected annual compensation.

8. Limitation of LiabilityTo the maximum extent permitted by law, Agency’s total liability for any claim arising out of or related to this Agreement shall not exceed the total amount of fees paid by Client to Agency during the three (3) months immediately preceding the event giving rise to the claim. Agency shall not be liable for any indirect, incidental, or consequential damages.

9. Program-Specific Terms: Market Domination System™ (MDS)

‍Exclusivity: For clients enrolled in the Market Domination System™, Agency will not provide similar services to a direct competitor within a twenty-five (25) mile radius of the Client’s primary business address provided at sign-up.

‍Territory Disputes: Agency reserves the right to make final determinations regarding territory boundaries and "border disputes" in the event of overlapping service areas. Exclusivity is contingent upon the Client’s account remaining in good standing.10. Governing Law and VenueThis Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state courts located in LaSalle County or McLean County, Illinois.

‍Contact Information:
Website: promotivellc.com
Email: contact@promotivellc.com
Phone: 815-477-8101