Introduction
These Paid Advertising Terms and Conditions (the “Terms”) govern the relationship between the advertiser (the “Advertiser”) and the Cobblestone Marketing (the “Cobblestone” or “Cobblestone Marketing”). By purchasing advertising services from Cobblestone, the Advertiser agrees to be bound by these Terms.
Services:
Cobblestone Marketing provides PPC management services, including but not limited to:
- Campaign creation and setup
- Keyword research and selection
- Ad copy creation and optimization
- Bid management and budget allocation
- Performance monitoring and reporting
- Campaign optimization and testing
Payment and Billing:
Cobblestone Marketing will invoice the client for the services provided on a monthly basis. Payment is due within 14 days of the invoice date. If payment is not received within 14 days, a late fee of 1.5% per month will be applied to the outstanding balance. The client will be responsible for all costs associated with the paid advertising campaigns, including ad spend and platform fees. These costs will be paid directly to the platform by the client.
Client Obligations:
The client agrees to provide accurate information for the ad campaigns and comply with all platform terms of service. The client is responsible for obtaining any necessary legal approvals for advertising content, including but not limited to compliance with advertising laws, regulations, and guidelines. The client will not engage in any illegal or fraudulent activities in connection with the ad campaigns.
Proprietary Rights:
Cobblestone Marketing will own all rights, title and interest, including but not limited to all intellectual property rights, in and to the ad account created for the client. The client will be granted a limited, non-exclusive, non-transferable license to use the ad account and content created by Cobblestone Marketing for the purpose of advertising. The client may not use the ad account or content for any other purpose without the prior written consent of Cobblestone Marketing.
Confidentiality:
All confidential information shared between Cobblestone Marketing and the client will be kept confidential and not disclosed to any third party without the prior written consent of the disclosing party. Confidential information includes, but is not limited to, information related to the ad campaigns, ad account, and platform data.
Representations and Warranties:
Cobblestone Marketing represents and warrants that the services provided will be performed in a professional and timely manner, in accordance with industry standards. The client represents and warrants that the advertising content provided will not infringe on any third party rights, and will comply with all applicable laws, regulations, and guidelines.
Limitation of Liability:
Cobblestone Marketing’s liability to the client for damages arising out of or in connection with the services provided, whether based on contract, tort, or any other legal theory, will be limited to the amount paid by the client for the services provided.
Indemnification:
The client will indemnify and hold harmless Cobblestone Marketing from any liability arising from the use of the ad account or advertising content provided by the client.
Termination:
Cobblestone Marketing may terminate the agreement for cause, including but not limited to, the client’s breach of any of the terms of this agreement or violation of platform terms of service. The client may terminate the agreement for convenience, upon giving at least 30 days written notice. Upon termination, the client’s access to the ad account will be terminated and the client will no longer be able to use the ad account for advertising.
Governing Law and Jurisdiction:
This agreement will be governed by and construed in accordance with the laws of the state of [insert state], without giving effect to any choice of law or conflict of law provisions. Any disputes arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of [insert state].
Entire Agreement:
This agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether oral or written.
Changes to the Terms and Conditions:
Cobblestone Marketing reserves the right to make changes to the terms and conditions of this agreement at any time, with or without notice to the client. Any changes will be posted on our website and will be effective immediately upon posting. The client’s continued use of the services after any changes have been made indicates the client’s acceptance of the new terms and conditions.