MARKETING SERVICES TERMS OF SERVICE

I. PURPOSE OF THIS AGREEMENT

Last updated: May 01, 2024

The purpose of this Terms of Service Agreement for Subscription Marketing Services (“Agreement”) is to define and describe the relationship between MarketBlazer, Inc. (“MarketBlazer”) and you during which MarketBlazer will develop and manage the delivery of subscription marketing services, as further described in this Agreement.

Expectations

A successful engagement includes commitments from both teams.

What to expect from MarketBlazer:

Meet with you and your team at designated times to move the engagement forward and give status and results updates.
Lead the execution of the engagement involving any outside resources, as necessary.
Provide direction, guidance, and advice regarding ongoing marketing programs, as necessary.
Be available at regularly scheduled online meetings, with phone and email follow-up for questions.

What MarketBlazer needs from you:

Meet with MarketBlazer at designated times.
Be present, committed, and willing to share feedback and input to help guide the marketing action plan development and execution.
Designate a program leader, responsible for gathering and providing requested information.

II. SCOPE OF SUBSCRIPTION MARKETING SERVICES

MarketBlazer will provide to you the subscription marketing services described in the current price book at its most recent revision date.

III. YOUR RESPONSIBILITIES

In addition to obligations undertaken elsewhere in this Agreement, you will designate a program leader who will have the responsibility and authority to make all decisions regarding the marketing services provided in this Agreement. The program leader will be available to meet with MarketBlazer as required to formulate, implement, and support the various marketing services, and gather and provide requested information for MarketBlazer.

IV. ADDITIONAL PROVISIONS OF AGREEMENT

Confidentiality

During this Agreement, MarketBlazer may need access to certain of your confidential information, including future plans. MarketBlazer agrees that it will take reasonable steps to assure that confidential information is not divulged, disclosed, or communicated to any third party without your prior written consent. Confidential information shall not include information previously known to MarketBlazer, properly received from a third party, or in the public domain.

Indemnification

EXCEPT AS EXPRESSLY AGREED TO BY THE PARTIES AS PART OF THIS AGREEMENT, MARKETBLAZER MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES TO YOU OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, OF SATIFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL MARKETBLAZER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, OR LOSS OF GOODWILL, WHETHER AS A RESULT OF ERRORS OR OMISSIONS.

If MarketBlazer breaches any obligation to you, or in the event of any error or omission with respect to the marketing services, MarketBlazer’s sole obligation shall be to return any amounts actually paid by you toward such marketing services, up to a maximum of one month of marketing services fees. THE FOREGOING CONSTITUTES MARKETBLAZER’S SOLE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH BY MARKETBLAZER OF THIS AGREEMENT, INCLUDING ANY ERROR AND/OR ANY OMISSION, EITHER DIRECTLY OR THROUGH A FAILURE OF PERFORMANCE BY ANY VENDOR.

Dispute Resolution

If a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. MarketBlazer and Client agree that Jasper, GA, is the locale for mediation and arbitration.

Entire Agreement; Amendment

This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement may be modified or amended by MarketBlazer.

Guarantee

Due to the number of variables that exist, it is impossible for MarketBlazer to guarantee results. You understand that it is MarketBlazer’s goal to provide high quality marketing services but MarketBlazer, in no way, guarantees specific outcomes of the marketing services. MarketBlazer provides ongoing analysis of your needs and may modify deliverables to provide the best possible outcome.

Subscription Services Pricing and Payment

All pricing is based on a 12-month subscription commitment, paid monthly in advance. Pricing for 6-month or 3-month commitments is higher. Pricing may change at any time with 30-day notice. The monthly subscription services will be invoiced on the 1st of each month and payment is due by the 10th of each month.

Third-Party Components

MarketBlazer subscription services may also include paid third-party subscription services and/or plug-ins. When your MarketBlazer subscription services end, any utilized third-party subscription services will be terminated, and any utilized plug-ins will be removed or reverted to a free version, if available.