Please Read and Sign Below
Marketing Services Agreement
Thank you for choosing Wealthlink Media to advise and implement Marketing Services exclusively for your business. We are excited to work with you and bring more leads & customers into your business.
The Client and Wealthlink Media agree as follows:
1. The Services.
The services can be divided into two parts, the setup services and the ongoing management services. Both types of services are detailed below:
As part of the setup services, Wealthlink Media will: Increase Local presence with GBP reviews, GBP posts, GBP optimization, citations, backlinks, blogging 2 times per month and optimize site for SEO.
(Up To 3 Weeks to Create)
This will be done by:
1. Learning about the client’s goals
2. Crafting a SMS/email campaign with the client's approval
3. Looking through the client's online portfolio to gather information
4. Importing content into the GBP/website to improve reputation
5. Writing copy to support the website and follow up sequences
6. Create citations and help with reviews from previous clients leads list
As part of the monthly ongoing management services, Wealthlink Media will: Continuously monitor & manage the website and online reputation of client.
This will be done by:
1. Regular updates & refreshing the GBP presence
2. Constant review monitoring and performance of the campaign as a whole
5. A real-time reporting dashboard is given to the client to ensure everything is monitored. Lead communication, follow-up, calendars, reviews, and funnels can be managed here as well.
2. Client Requirements.
The client agrees to provide the following items in the time frame stated:
1. Provide required info through onboarding survey
2. Client gallery of past work, videos, images, graphics, or photographs that we can use to increase funnel performance
3. After 30 days of no contact from Client to Wealthlink Media, Wealthlink Media will assume Client is no longer in need of Wealthlink Media’s services, and Wealthlink Media may terminate the Agreement; in this event, all unpaid fees will be due and collectable at the time of termination.
3. Compensation and Payment.
1. Ongoing Services: For the Services described in Section #1, the Client will pay an upfront cost of $0 to Wealthlink Media. The client will also pay $997 per month 30 days after and every 30 days following.
2. The following provision applies to the authorization of repeated credit or debit card authorizations. You understand that your payment information will be saved on file for future transactions.
3. Right to cancel: Client may cancel this agreement by emailing a written notice to Wealthlink Media before midnight of the third business day or sending an email. Notice of cancellation sent after this deadline may be deemed invalid at the sole discretion of Wealthlink Media.
4. Term.
This Agreement will commence on the effective date first set forth above. The agreement will continue on a month-to-month basis unless otherwise terminated by Wealthlink Media or Client.
5. Termination.
If the Client desires to terminate the Services hereunder, the Client must submit a written request to Wealthlink Media at least seven (7) days before cancelation. Written requests to terminate may be made by mail or e-mail.
6. Ownership of Materials.
Client acknowledges that Wealthlink Media may use and modify existing materials for Client’s benefit and The Client may use the new materials in other avenues as well.
7. Proprietary Information and Use of Materials.
1. Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, without limitation, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party’s employees and other confidential or Proprietary Information belonging to or related to a Party’s affairs. The receiving Party acknowledges and agrees that in any proceeding to enforce this Agreement, it will be presumed that the Proprietary Information constitutes protectable trade secrets and that the receiving Party will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any steps reasonably necessary to preserve such Proprietary Information.
2. Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as (a) previously known to the receiving Party, (b) independently developed by the receiving Party, (c) acquired from a third party not under similar nondisclosure obligations to the disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.
3. License. Client grants Wealthlink Media a limited, nontransferable, nonexclusive license to copy, use, store, set up, publicly display, publicly perform and transmit any trade names, trademarks, service marks, copyrights, content, text, images, software, functionality, page and other design and layout, media and other materials therein and solely in connection with creation of the Campaign and direct response marketing by this Agreement. Other than as specifically provided herein, the Parties, their employees, subsidiaries, affiliates, agents and assigns, shall not disclose any Proprietary Information without the express written consent of the other Party. In addition, neither Party shall use the Proprietary Information for any purpose other than purposes related to their business relationship as laid out in this Agreement. If the receiving Party is required by applicable law, rule, regulation or lawful order or ruling of any court, government agency or regulatory commission to disclose any Proprietary Information, the receiving Party understands that the disclosing Party may desire to seek an appropriate protective order or take steps to protect the confidentiality of such Proprietary Information. Consequently, the receiving Party agrees that it will provide the disclosing Party with prompt notice of such request(s).
4. Portfolio Release. Client agrees that Wealthlink Media has the right to use materials created under this Agreement for Wealthlink Media’s portfolio, samples, and self-promotion including advertising for Wealthlink Media’s business including without limitation Facebook or Instagram, or any other social media platform. In the event Client wishes to exclude some specific materials from the release under this paragraph or to limit the period of such release, Wealthlink Media and Client may agree in writing to such limitation.
5. Remedies. The Parties acknowledge that the Proprietary Information exchanged is valuable and unique and that disclosure in breach of this Agreement will result in irreparable injury to the adversely affected Party, for which monetary damages, on their own, would be inadequate. Accordingly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the Agreement.
8. Additional Services.
All services outside the scope of this Agreement that are requested by the Client and which Wealthlink Media agrees to perform will be billed at a rate of $200 per hour. The client will be notified and must approve in writing (email is sufficient) additional services before they will be performed, although Wealthlink Media may not necessarily be able to inform Client in advance of the total cost of such additional services. Client will also be allowed to purchase additional services at package rates when deemed appropriate by Wealthlink Media.
9. Limitation of Liability.
Wealthlink Media shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event Wealthlink Media is determined to be liable for any such loss, Client's sole remedy against Wealthlink Media is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties. Wealthlink Media is not responsible for errors that result from faulty or incomplete information supplied to Wealthlink Media by the Client. The client also agrees to not seek damages over the contractually agreed upon limitations directly or indirectly through suits by or against other parties. Wealthlink Media shall not be liable to Client for any costs, damages, or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, or changes in terms of services.
10. Handling of Disputes.
The Parties agree that any dispute regarding this Agreement, and any claim made by Client for return of monies paid to Wealthlink Media, shall be handled in accordance with applicable State and Federal laws. Specifically, if Client cancels credit card payments after the three day cancellation period permitted by law and outlined in this Agreement, this Agreement is immediately terminated, and Wealthlink Media reserves the right to dispute such cancellation and pursue Client for monies owed to Wealthlink Media for services already performed but unpaid by Client due to such credit card cancellation. Client agrees that, regardless of whether Client is ultimately successful in any credit card cancellation dispute, it is liable to pay Wealthlink Media for the work already performed as of the time of the cancellation request, at an hourly rate of $200 per hour for all hours spent on Client’s project. Wealthlink Media will provide Client with an itemization of hours spent within a reasonable time upon the request of the Client and payment will be expected in full within 30 days from the date such itemization is provided. If Client does not pay for such hourly work upon Wealthlink Media's demand and within 30 days, Wealthlink Media reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any credit card cancellation dispute. Additionally, if Wealthlink Media is successful in any credit card cancellation dispute, Wealthlink Media reserves the right to pursue Client for the costs Wealthlink Media had incurred in disputing or defending such credit card cancellation, including but not limited to the lost business profits in the form of time Wealthlink Media and its representatives spent handling such dispute, at Wealthlink Media’s hourly rate of $200.
11. Communications.
Client agrees the communication is to be via email & phone only, the email address to use is andre@wealthlinkmedia.com. If the Client wishes to speak on the phone, the Client should send an email to Wealthlink Media stating that you would like to schedule a phone call and Wealthlink Media will work with the Client to arrange a time. Wealthlink Media’s office hours are 9-5PM MST. Wealthlink Media typically responds to email within 24-48 hours excluding weekends and standard public holidays.
12. Entire Agreement.
This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.
13. Severability.
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
14. Headings.
The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.
15. Interpretation and Enforcement.
The parties understand and agree that the construction and interpretation of this Agreement is governed by the laws of the State of AZ. In the event that either party must initiate legal action to enforce this Agreement, the Parties agree that the proper venue for such action shall be the courts of the State of Arizona.
By their signatures below, the parties hereby understand and agree to all terms and conditions of this Agreement.