Marketing Proposal Draft

Marketing Proposal Draft

Proposal presented by: Deese Marketing Association

Delivered on: {date_submitted}  |  Submitted by: {user_assigned}, {company_name}

OVERVIEW & GOALS

Dear Ms. Jones,

Marketing is all about connections. Connecting the right message with your target audience, connecting your solution with their pain point, and connecting your business goals with the desired results.

Here at {company_name}, we’re pros at making connections (fun fact: our favourite hobby is Dot-to-Dot). We’ll help you define who your most lucrative target audience is, develop messaging that speaks to them directly, position your product or service as THE can’t-live-without solution, and make it easy for them to engage and buy.

Once we’re able to dig in a little deeper, we’ll create a customized plan of attack that makes sense for your audience, your industry, and your goals. It could be a mix of product development, market research, branding, online and offline advertising, public relations, and content marketing.

Connections are also about relationships. And our relationship with our clients is both a priority and a point of pride.

So, let’s start making connections, and watch your business grow.

Sincerely,

{user_assigned}

{user_title}{company_name}

SCOPE OF SERVICES

Step 1: Defining Your Product or Service

What’s the big idea? This is where you educate us – about your products, your services, and what makes you tick as a company. We listen carefully and work with you to define the customer experience – from first contact to maintenance and retention.

Step 2: Understanding Your Market

Where does it hurt? You have the solution – the key is to pinpoint exactly where the problem lies. It’s all about research. Our job is to work with you to identify the clients and customers who need and want what you have to offer, analyze your competitors, and find the sweet spot where long-term customer relationships grow.

Step 3: Identifying and Engaging Your Target Customers

So what? Now that we know what’s special about you, the matchmaking begins. Winning clients and customers is a courtship process, and we’ve got you covered from first date to going steady. Like any healthy relationship, it’s a two-way street. We’ll listen more than we talk, and build trust the old fashioned way through dialogue and evidence-based decisions.

Step 4: Creating Your On- and Offline Communications and Promotion Strategy

What do YOU need? There’s a lot of noise out there. We don’t sell you a canned marketing strategy full of check boxes – we draw on years of experience and a sincere belief in what you do and create a tailored and tactical approach to marketing your product or service.

{company_name} offers a full slate of integrated services:

  • advertising
  • public relations
  • reputation management
  • on- and offline content creation and management
  • events
  • digital, print, and broadcast media
  • social media
  • sponsorship advice
Once we’ve built a foundation of facts, we’ll find the perfect communication mix to reach, engage and persuade your target market.
 

Step 5: Analytics – Measuring and Assessing Results

Where’s the beef? Our work here is done when we can show you – on paper – the tangible results of your investment. Whether it’s pageviews, website visits, conversion of prospects, or the bottom line, we’re confident that Agency Co.’s marketing strategies quite literally pay off. We’ll work with you to set goals and meet them, tweaking plans and tactics along the way.

TIMEFRAME

Task Description

Timeline

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

Week 1/2

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

Week 3

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

Week 4

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

Week 5/6

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

Week 7

YOUR INVESTMENT

Below is a monthly budget based on the scope of services outlined in this proposal.

Our fees are based on the time required and will be billed at the all-inclusive fixed rate of $150.00 per hour for the contract period of one year from the date of the contract. Expenses for travel, meals, lodging, printing, and report production are charged as part of the all-inclusive rate above. We are sensitive to the financial challenges facing INDUSTRY and want to minimize fees to the extent possible within the scope of the project.

DESCRIPTION

$ PER HOUR

HOURS

PRICE

Upfront discovery session and audit

$150

20

$3,000 / hour

Marketing strategy development

$150

30

$4,500 / hour

TOTAL

TOTAL

WHY US?

We live and breathe the art and science of marketing. We like facts and figures, but we also like to have fun. And we know you can have it both ways.

Our creative and disciplined team includes experts in PR, design, advertising, media, and all things digital. We build your specialized strategy on our integrated marketing philosophy of sincere, authentic relationship building and setting manageable and measurable goals. It’s simple – we mean what we say, and we deliver what we promise.

CONTRACT

[Note: This is a sample contract – we are not lawyers and recommend you have your own legal counsel review any contract prior to sending out.]

Date: {date_submitted}

Between “us”, {company_name}, and “you”, {client_name}

You {client_name}, located at {client_address} are hiring {company_name} located at {company_address_1} to perform {proposal_name} for the estimated total price of {total} as outlined in our previous correspondence.

1.0 Services Rendered

STRATEGY & DESIGN

We’ll deliver a branding strategy and design a new logo. After the strategy and design is approved we’ll deliver a branding guidelines document.

You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you will pay us in full for everything we’ve produced up to that that point and then cancel this contract.

ERRORS

We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

2.0 Mutual Cooperation

We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.

3.0 Charges for Services Performed

Requests above and beyond those listed in the budget may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of {company_name}.

4.0 Terms of Payment

4.1 BILLING SCHEDULE

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.

The total budget for this project: {total}

{company_name} will invoice {client_name} for fifty per cent (50%) of the initial fees at point of this signed contract agreement which will act as the deposit. The remaining 50% will be billed monthly as the service hours are spent or when the project is launched.

{client_name} will supply {company_name} with all necessary purchase order numbers and other internal information required for invoice processing before the close of the month of work (if applicable).

4.3 CLIENT AGREEMENT TO PAY

You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. Every invoice after that will have 15 day payment terms. In the event payment is not made within 15 days, {company_name} will charge a late payment fee of 1% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs {company_name} pays for carrying overdue invoices from {client_name}. In addition, {company_name} reserves the right to stop work until payment is received.

4.4 COLLECTION COSTS

In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.

5.0 Cancellation of Plans

You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancellable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.

6.0 Responsibilities of {company_name} and {client_name}

6.1 {COMPANY_NAME}‘S RESPONSIBILITY FOR RELEASES

We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).

6.2 {CLIENT_NAME}‘S RESPONSIBILITY FOR RELEASES

You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them.

Then when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.

We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.

6.3 {CLIENT_NAME}‘S RESPONSIBILITY FOR ACCURACY

You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.

7.0 Confidentiality

{company_name} acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by {company_name} on behalf of {client_name} or disclosed by {client_name} to {company_name}.

8.0 Term and Termination

8.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION

This Agreement shall become effective as of DATE HERE and shall continue until terminated by either party upon not less than 60 days’ notice in writing given by either party to the other.

8.2 TERMINATION FOR CAUSE

Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.

In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.

8.3 PAYMENT FOR NON-CANCELABLE MATERIALS?

Any non-cancellable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the {client_name}, that any such materials and services, are non cancellable.

8.4 MATERIALS UNPAID FOR

If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.

8.5 TRANSFER OF MATERIALS

Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by {client_name} to {company_name}, {company_name} shall transfer, assign and make available to {client_name} all property and materials in its possession or control belonging to {client_name}. {client_name} agrees to pay for all costs associated with the transfer of materials.

9.0 General Provisions

9.1 GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of the Province/State of STATE/PROVINCE.

9.2 REPRESENTATIONS AND WARRANTIES

The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.

9.3 ENTIRE AGREEMENT

Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

SIGNATURE

  1. Please read the contract on the previous page to make sure you understand all the details involved with us working together. It’s really important to us that everything is transparent and understood from the beginning so that we lay a solid foundation for a great working relationship.
  2. If you have any questions at all, please let us know. We’re happy to clarify any points and there may be some items that we can sort out together. We’re committed to finding the best way to work together.
  3. Once you feel confident about everything and are ready to move forward, please click the ‘sign here’ button below.
  4. Sign in the box that pops up to make the acceptance official.
  5. Once we receive notification of your acceptance, we’ll contact you shortly to sort out next steps and get the project rolling.
  6. If you’d like to speak to us by phone, don’t hesitate to call {user_phone}.

Approve Proposal

If you would like to join us and become a client then we’d be delighted to have you.

To Accept, Type Your Full Name Below

    Hello. Welcome to Deese Marketing Association Network. We are located between Monroe and Charlotte, North Carolina. We are a Website design, hosting, and marketing agency. We specialize in helping our clients to recognize that having the correct branding and marketing campaign online that will convert leads. That is what we are all about.

The www.deesemarketingassociation.com/ Web Site (the “Site”) is an online service provided by Deese Marketing Association (DMA), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR SOLICIT FOR SERVICE IN PERSON OR ONLINE.

DMA MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Ownership, Licenses and Idea Submissions.

The entire contents of the Site are the property of DMA. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to DMA a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to DMA by all means and in any media now known or hereafter developed. You also grant to DMA the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DMA for any alleged or actual infringement or misappropriation of any proprietary right in your communications to DMA.

Publications, products, content or services referenced herein or on the Site are the exclusive property of or service marks of DMA. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by DMA, DMA does not operate, control or endorse any information, products or services on the Internet in any way. Except for www.dmawebdesigns.siterubix.com – identified information, products or services, all information, products, and services offered on the Internet generally are offered by third parties, that are not affiliated with DMA. You also understand that DMA cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses,

worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. DMA PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND DMA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. DMA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.

DMA HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL DMA BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF DMA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DMA’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

DMA makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-DMA web site, please understand that it is independent of DMA and that DMA has no control over the content on that web site. In addition, a link to a www.deesemarketingassociation.com web site does not mean that DMA endorses or accepts any responsibility for the content, or the use, of such web site.

3. Content And Conduct Rules And Obligations. DMA does all it can to prevent abuse and infringement of rights by use of its website, landing pages, and tools (“Service”). As you understand, due to the fact that the content on our system is uploaded by the users, we do not have control over all content that is uploaded. All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on the Service (“Content”) are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public. The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 3.1 YOU WILL NOT: upload, post, transmit or otherwise make available any Content that: is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to); is unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical; contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any DMA user to access the Service; is intended to take advantage of a user such as “get rich quick,” “get

paid to surf,” pyramid marketing, or other dubious schemes; or is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia; harm minors in any way; “stalk,” “bully,” or otherwise harass another; impersonate any person or entity, including, but not limited to, a DMA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms; solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes; exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content); upload files for the sole purpose of having them hosted by us but for use outside of the DMA system; create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors; or use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater.

We retain the right to terminate any account or user who has violated any of the above prohibitions. 3.2 Content Guidelines: These types of sites are not allowed on the DMA system: Adult: involving nudity in a sexual context, exposed genitalia or adult themes Copyrighted Content: music, movies or games that you do not own the rights to Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook “likes”, etc Phishing: a site meant to trick users into providing their username and password Illegal Content: content which may be illegal in the United States or under the laws of other countries Scams: get rich quick, pyramid, or other dubious schemes File Hosting: including sites that are not created with the DMA editor Injurious Experience: sites using the “Custom HTML” element that provide horrible user experiences, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors Illegal/Inappropriate Products: sites that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons This list is a quick reference and is not meant to be complete.

4. Indemnification.

You agree to indemnify, defend and hold harmless DMA, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

5. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of DMA and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

6. Term; Termination.

This Agreement is a month-to-month term and may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Ownership, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

7. Current Payment Policy. Effective immediately, the following payment policy MUST be adhered to. THERE ARE NO EXCEPTIONS, THE CONVERSION PROS (DMA) REQUIRES ALL MEMBERS TO READ, UNDERSTAND AND ADHERE TO THIS POLICY except by other written arrangements approved by DMA. Our policy is to collect Membership payment on the date of service when we deliver products, and then charge the payment method on file, on each following monthly anniversary date, until which time the Member chooses to cancel their DMA Membership. Non-payment will result in your DMA account being suspended or terminated, depending on the severity of the delinquency. If for any reason, we send an invoice to you for any products or services, other than your Monthly Membership, payment must be sent within 30 business days of your receipt of the invoice, unless other DMA-approved arrangements have been made ahead of time. If you have questions or concerns, or you feel that you have been charged incorrectly, please contact us IMMEDIATELY via Support Ticket through your DMA back office, so we can work together to find a solution. We prefer to work payment issues out in a positive way and we try not to terminate Membership accounts unless we have no other recourse.

8. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of United States applicable to agreements made and to be performed in the United States. You agree that any legal action or proceeding between DMA and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the United States. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. DMA’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. DMA may assign its rights and duties under this Agreement to any party at any time without notice to you. You are responsible for complying with all applicable laws in all of your actions related to your use of DMA’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.

DMA does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that DMA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DMA has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of DMA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DMA and govern your use of the Service, superseding any prior agreements between you and DMA (including, but not limited to, any prior versions of the Terms of Service).

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Your use of the service is at your sole risk.

Any rights not expressly granted herein are reserved.