This group of Websites or Sites is operated by Lindsay Shearer, Launch Mastery Marketing LLC, BrandRanx Media, Kingdom Amplified Inc., Pins 4 Profit, Ministry Membership. Sites consist of LindsayShearer.com, Pins4Profit.com, BrandRanx.com LaunchMasteryMarketing.com, MinistryMembership.com, and our other sites and pages not listed. Throughout the site, the terms “we”, “us” and “our” refer to Lindsay Shearer, Launch Mastery Marketing LLC, BrandRanx Media, Pins 4 Profit, Ministry Membership, Kingdom Amplified Inc. and all other products programs and services related to them. Lindsay Shearer, Kingdom Amplified Inc., BrandRanx Media, Launch Mastery Marketing LLC, Pins 4 Profit, Ministry Membership offers these Sites, Courses, Programs, Products and Services, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Sites are listed above including but not limited to subdomains & landing pages, Courses are included on each site, Programs include Courses and Coaching Packages, Courses include Courses and Coaching Packages, Services include any of the above and done for you Services which may include Programs & Services, Products can include any of the previous list for any users or visitors of the Sites or purchasing of any Products, Services, Courses, Coaching, Programs etc.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and “Product” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website, products, programs or services. By accessing or using any part of the Site, Programs, Products, Courses or Services, you agree to be bound by these Terms of Service and any other Contracts related to Services. If you do not agree to all the Terms and Conditions of this Agreement, then you may not access the Sites or use any Services, Products, Courses or Programs and you should not purchase these Programs or Services in advance.
Any new features, Programs, Products, Courses, Services or Tools which are added to the current Stores or Sites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website at any time. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website, blogs, ads, products, programs or services following the posting of any changes constitutes acceptance of those changes.
Our stores are hosted on WordPress Inc., Woocommerce, Kajabi, Inc. Clickfunnels, Inc., ThriveCart, Shopify Inc., and others. They provide us with the online blog & e-commerce platforms that allows us to sell our products and services to you. You also agree to their Terms + Conditions.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You also acknowledge that you are not falsely representing your identity and are subject to charges of fraud if you misrepresent yourself in any way on behalf of yourself or anyone else to gain access to our Courses, Programs or Services for any reasons. If you solicit in any way or inquire about our Services, Courses, Products or Programs, falsely representing yourself for any reason you understand that you are violating the terms and uses of these Sites, Programs, Products and Services, and violating Confidentiality Agreements of our Sites, Programs, Services and Offers and violating copyright and trademark laws as well as committing fraud. You understand that we reserve the right to pursue the fullest judgment amounts allowed by law.
You may not use our Products, Programs, Services, Courses, Services or Sites for any illegal or unauthorized purpose including sharing or using more than one license, nor may you, in the use of the Service, violate any laws in your jurisdiction, and in the United States of America or the World (including but not limited to copyright laws).
You must not transmit any viruses, worms or malware or any code of a destructive nature to intentionally or unintentionally cause harm to our site. You also acknowledge that if any viruses, or corruption of Sites, data, comments or installation of malicious software are caused by you or your team, you will pay to have the site restored including any fees for developers, designers, data security, software, plugins or anything else site related is your financial responsibility to restore.
A breach or violation of any of the Terms will result in an immediate termination of your Services, Course access, Products or Program Use as well as legal action and injunction of using and sharing documents and the financial repercussions thereof.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree that we are not responsible for software encryption of your personal information for any information.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites, Courses, Programs, Products, Services, use of the Sites, Courses, Programs, Products, Services, or access to the Sites, Courses, Programs, Products, Services or any contact on the website through which the Sites, Courses, Programs, Products, Services is provided, without express written permission by us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise effect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this and the above mentioned sites and pages is not accurate, complete or current and make no promise of results. The material on these sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on these sites is at your own risk. We make no promises of what is included in an Course, Program, Product, Package or Services based on what is included on landing pages, websites or otherwise and reserve the right to change content without updating pages.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these sites, programs, services etc. at any time, but we have no obligation to update any information on our sites. You agree that it is your responsibility to monitor changes to our site.
We are not responsible for your information or any information about products, programs or services related to your brand. You agree that it is your responsibility to monitor changes and issues related to pixeling, shopping feeds, site changes, images, copy, descriptions or any other parts of ads or the advertising process as well as organic and algorithm marketing. We take no liability for accuracy, completeness or timeliness of changes or deliverables related to services.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices and Content for our Products, Programs, Courses, Packages, Services etc. are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof), Course, Product, Program etc. without notice at any time. At the time of discontinued service, all access to service will be removed to users. No where on any pages does it have to state that lifetime Service, Program, Course or Product will exist, “lifetime” means the life of the program which is subject to termination at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain or all Products, Programs, Courses, Packages and or Services may be available exclusively online through this website and related pages. These Products, Programs, Courses, Packages and or Services may have limited quantities and are subject to return or exchange only according to our Return Policy (which is that there are no returns for any reason on any of our products or services). For digital products there are no returns for any reason. For previously made payments there are no returns or refunds for any reason.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products, Programs, Courses, Packages and or Services to any person, geographic region or jurisdiction for any reason. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of Products, Programs, Courses, Packages and or Services are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any Products, Programs, Courses, Packages and or Services made on this site is void where prohibited.
We do not warrant that the quality of any Products, Programs, Courses, Packages and or Services or information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If you change your billing information it’s your responsibility to notify us within 30 days of that change and update your payment processing and or credit card information. You are responsible for all payments related to Products, Programs, Courses, Packages and or Services and failure to do so will result in attempts to contact you to correct the matter. In the event of no response legal action will be taken by our team after 30 days of attempt and payments sent to collections and interest as well as legal & collection fees will be added to your account and are your responsibility to pay.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services, Courses, Products or Programs that contain but are not limited to: typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, scripts, client delivery and product & service availability etc. . We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, change reporting etc. if any information in the Products, Programs, Courses, Packages and or Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). With respect to services related to client done 4 you products and services
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, content information & refund information. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Services, Courses, Products or Programs or on any related website has been modified or updated. We undertake no obligation to be 100% grammatically correct or without error or omission with respect to any and all materials both internally and forward facing delivery of and all marketing materials or products related to programs, services, courses, done 4 you services or any other materials, client delivery materials, outreach materials or otherwise. We are under no obligation to get any materials, products, descriptions approved by Clients inside any of our programs, courses or done 4 you services before sending to client or on behalf of Client to their Customers or potential customers or to our influencers. We are under no responsibility for errors or omissions on any materials or service materials for clients or effects they may have on any or all other parts of their business/es.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses without refund for any reason.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Products, Programs, Courses or Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. We do not guarantee in any way any kind of results on ads, products, programs or service with respect to deliverability or with respect for any kind of results on advertising.
You agree that from time to time we may remove our Services, Courses, Products or Programs for indefinite periods of time or cancel them at any time, without notice to you.
You expressly agree that your use of, or inability to use, our Services, Courses, Products or Programs is at your sole risk. Services, Courses, Products or Programs and all Products, Programs, Courses, Packages and or Services delivered to you through these are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, financial or monetary gain, durability, title, and non-infringement.
In no case shall Lindsay Shearer, Launch Mastery Marketing LLC, BrandRanx Media, Kingdom Amplified, Pins 4 Profit, Ministry Membership, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service, our deliver of service, or any content (or product) posted, transmitted, or otherwise made available via the service.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, you agree to mediation in the state of Missouri which does allow for the exclusion of limitation of liability.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lindsay Shearer, Kingdom Amplified, Launch Mastery Marketing, BrandRanx Media, Pins 4 Profit, Ministry Membership and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION of AGREEMENTS & REFUNDS OF SERVICES
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective and not terminated by drafter. You do not forfeit for any copyrights, intellectual property usage or work product related to services or course material use for any reason.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we reserve the right to enforce all terms and conditions with legal action. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof), and forever with relationship to courses & intellectual property.
We do NOT offer refunds for any Products, Programs, Courses or Services for any reason or at any time including acts of God. This includes and is not limited to any previously made payments for Programs, Courses, Products, or Services etc. made to Lindsay Shearer, Kingdom Amplified, BrandRanx Media, Pins 4 Profit, Ministry Membership or any of it’s subsidiaries, domains and beyond.
This refund policy applies to every 3rd party program, page, software, and payment processors etc. as well including but not limited to: Kajabi, Clickfunnels, Stripe, Paypal, Airtable, ThriveCart etc.
You forgo the right to arbitration, payment processing disputes, use of materials for non-payment, and agree to incur legal action and damages with relationship to attempts to claim a refund for any reason on any of our sites, programs or services. You understand that purchasing any products programs or services is by your own choice and risk and will never for any reason qualify for a refund, dispute of payment with a payment processor, or arbitration.
Done for you services require a 30 day paid notice for termination of services regardless of if any services are performed during that time or not. Payment processing itself constitutes the authorization of the application of these terms and enforcement of all terms and conditions as well as contractual obligations. Purchasing of done for you services means you are agreeing to a click through contract of terms and services and you agree to all terms of that contract and all changes and iterations of the contract going forward. The agreement and contracts starts at the date and time of purchase.
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision of any portion of these terms and conditions.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Missouri.
Lindsay Shearer, BrandRanx Media, Launch Mastery Marketing, Pins 4 Profit, Ministry Membership, Kingdom Amplified, and all entities, programs and pages owned by as such. Questions or comments can be directe dto
3433 Hwy. 190 #129
Mandeville, LA 70471
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. As changes are made to Terms and Conditions you automatically agree to the updated Terms and Conditions regardless of purchase date of Products, Courses, Programs, or Services. By agreeing too terms and conditions on any of our 3rd party softwares including but not limited to Kajabi, Airtable, Clickfunnels, Active Campaign, Thrivecart etc. you agree to updates on Terms & Conditions.
SECTION 20-SMS/MMS MOBILE MESSAGING MARKETING PROGRAM
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Products programs or services.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected] Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile or any other service provider is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in San Jose, CA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect with relationship to SMS + MMS. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Lindsay Shearer, Launch Mastery Marketing, BrandRanx Media, Pins 4 Profit, Ministry Membership principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Products, Programs, Courses, Packages and or Services after any such changes, you accept this Agreement, as modified.
SECTION 21 – BINDING CONTRACT INFORMATION FOR DONE 4 YOU SERVICES
DIGITAL MARKETING CLIENT AGREEMENT
This Online Marketing Agreement (this “Agreement”) is entered into as of ___________ by and between Launch Mastery Marketing| BrandRanx Media | Kingdom Amplified (“Company”) and ________________________________(“Client”).
RECITALS: Client desires to obtain certain Services described hereunder from the Company as an independent contractor AND Company agrees to engage the Client as an independent contractor to perform such Services.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained the parties hereto acknowledge & agree as follows:
- DESCRIPTION OF SERVICES (the “Services”): Online marketing services performed by Company purchased by Client.
- The Company & Client shall conduct the Services in accordance with observIng and complying with all federal and state laws or regulations applicable to this Agreement.
- Pinterest Ads Plan + Pinterest Organic VIP Plan Including Static Images Creation Minus Video
- Initial Pinterest Ads Tech Setup
- Ongoing Website Maintenance & tech including but not limited to: pixel tech, landing page design or setup, setting up blogs, writing blogs or link building is not a part of this plan.
- Consulting for Pinterest ads is not a part of this plan
- Client Pays all ad spend fees for advertising directly inside advertising platform and is responsible for those fees in all circumstances.
- Company does not provide video assets for Client, but will provide images for advertising for Client. There are no maximum or minimum number of ads, copy, headlines, articles, audiences, organic images, influencer groups to be created or requested during monthly advertising or organic marketing period. If Client wants edits on images, all images Company creates constitute the fulfillment of the contract in the time of delivery for that month regardless of need for edits. Client understands that delays on advertising or organic marketing due to edits of images do not qualify as Contract not being fulfilled.
- Advertising & Marketing is not only just considered to be adding ads to a Client’s ad account or blogs to a website or email sends. Company’s services are also defined as communicating with Client internal advertising representatives as well as external software representatives, Client meetings, general Client communication and education, creative creation in the form of ad images, copy, keyword research etc., internal Company communication with regard to Client account, optimization of ads, getting accounts and profiles initial setup, working on image and creative templates, influencer marketing & script writing, help with site setup recommendations for Client off of advertising platform, review and recommendations based on Client account, advertising audience creation, pixel installation/checking/review, account review + recommendations, organic marketing outreach to influencers, organic messaging, organic image creation, use of additional softwares besides ads platform to setup engagement. Client understands and agrees that there are no minimum and maximum numbers of creatives or changes to ads to be added to Client’s ad account or organic account. Client understands that Company can not control initial length of time between starting contract and launch of ads due to a large number of factors including but not limited to pixeling, feed & tech setup & complications, image/video/content creation and approvals, software setups, page launches, site changes, app installs, access to softwares and sites, approvals and meetings of all parts of the advertising process.
- Client understands that Company developer and pixeling services come with additional fees to Client.
- PRICING & PAYMENT FOR SERVICES:
- Agreed on fee per month per month for Pinterest Ads Plan + VIP Organic including creatives, minus video creation but will launch video ads with repurposing content that Client already has created.
- Agreed on Fee for Initial Pinterest Ads Tech Setup one time setup fee for Pinterest only pixeling, reporting setup and custom coding of initial pixel setup.
- Client pays a tiered ad spend % to Company at the end of each month. This plan the Includes Tiered Ad Spend Plan
- $0-$15k/mo — 5% of Ad Spend
- $15k-$40k/mo – 4% of Ad Spend
- $40k-$100k/mo 3% of Ad Spend
- $100k/mo+ = 2.5% of Ad Spend
- Example- If client spends $60k on ads in 1 month they would pay: (5%x 15k = $750) + (4% of 25K=$1,000) + (3% of 20k=$600)= Total of $2,350 for the month in ad spend.
- $2,000 One time initial keyword research plan for Google SEO
- This plan doesn’t include SEO link building or any additional tracking reporting or any other services or softwares. This plan does include Pinterest only seo keyword research on the Pinterest platform. Client pays all additional costs for any additional services including SEO (including adding any keywords from research plan to website), YouTube SEO or ADs, Social Media Ads, Tracking software/API/Tech implementation, Landing Page Development, Conversion Rate Optimization (CRO) & Pixeling, Developer fees for additional platforms & needed development services related to or not related to Pinterest & in excess of initial one time Pinterest tech setup. Company still requires Client to have their own internal tech team to help with setup. Company is not responsible for editing or issues related to Client’s internal tech process including but not limited to issues with product feeds and pixels that would prevent Pinterest ad setup.
- All payments by Client are made via credit card, ACH, Wire Transfer, Stripe or Paypal. A separate invoice for % of ad spend is sent at the end of every month it applies. In the event that the additional ad spend fees per month are minimal Company can send a larger bulk email invoice during or at the end of service which is to be paid in full by Client within 3 days.
- Client agrees to provide payment information and be billed by credit card or other payment method that will be automatically billed each month in advance of services rendered and to pay fees in full. Client is required to notify Company within 24 hours of changes to automatic payment systems, credit cards etc. with new information. Ads & Services will be stopped in the event of 72 hours or at the end of previous payment period of non-payment if no other arrangements are made or communication is given.
- All services are to be paid in advance even if Client is on an invoicing system or non-automatic payment setup. Client agrees to make payments on time. Ads & Services will be stopped in the event of 72 hours of non-payment if no other arrangements are made or communication is given.
- In the event that a payment by Client for either retainer, additional services, technical services, SEO services, ad spend or any other payment is missing, late or invoice has not been paid, automatic payments on the account will continue until the outstanding amounts have been fulfilled to Company. There is no statute of limitations on timing to collect these payments and Company will pursue collection of payments until outstanding amounts are paid in full.
- Except as set forth in this Agreement, neither Party is authorized or empowered to obligate the other or incur any costs on behalf of the other without the Party’s prior written consent. Company will notify Client about upgrades needed to softwares etc. and Client has the option to upgrade. If Client doesn’t upgrade, Company will use softwares etc. to the max ability that is available at that price point.
- Client pays for 100% of services without withholding tax, benefits, insurance or health insurance of the Company.
- Client pays directly for Pinterest advertising spend that is not included in the service agreement above. Clients add their own personal/business credit card information inside the social media or advertising platform and pay the ad platform directly for advertising spend. Company does not issue credit or use Company credit cards on advertising platforms. In the case of an ad platform issuing invoices for ad spend, Client is 100% responsible for those invoices or any associated cost. In no instance is Company responsible for any ad spend fees incurred by Client or for the Client. Client is 100% responsible for all Ad Spend costs at all times and for all reasons. Company is never responsible for advertising spend for any reason. Client assumes all risk for advertising spend and pays that directly to Pinterest or other advertising platform.
- Client understands that all payments previously made by them to Company are not refundable for any reason and Company does not have to refund payments for any reason. Client understands that Company is not obligated to move or waive retainer rates or fees for any reason.
- Client understands that Company is not responsible for any breaches in privacy made on behalf of Company by any of Company’s staff that would affect advertising platforms, ads, payment processing, apps or websites, softwares or any other company, software, product, processing, shipping etc.
- Additional Softwares needed for marketing with Company on the platforms are paid for and managed by Client including but not limited to: Canva, Tailwind, pinmeapp, Flexify, feed apps, landing pages, tracking softwares etc.Tailwind, Active Campaign and additional softwares have limits for posting & sending based on the plan Client chooses. Upgrades to that account/software or lack thereof are Client responsibility and without those upgrades it does not constitute any unfulfillment of contract or terms if Client doesn’t upgrade account and Company can’t fulfill the number of pins, communities, tribes, boards, schedules etc. that are limited by the sharing of Client account option. Client is also responsible for Landing Page & conversion Rate optimization evaluation.
- If Client is a marketing agency & white label Launch Mastery Marketing Services, marketing agency is responsible for payment of contract, implementation of contract & all contract compliance, as well as ad spend fees, and being point of contact for Client.
- There are no general set communication or meeting times required between Client & Company. Company recommends Client scheduling monthly meetings with Company but are not required. It’s the Client’s responsibility to show up if meetings are scheduled and to notify the Company team if you will be late, or need to reschedule. If Company waits for 10 mins on a meeting and Client doesn’t show up, the meeting is considered canceled and most likely will not be able to be rescheduled the same day or even the same week by Company. Company is not required to comply with Client requests for urgent same day meetings and has a 72 hour notice to schedule any urgent meeting. If services are delayed because Client doesn’t respond or make it to meetings, it is not Company’s responsibility for any delay of service deliveries and doesn’t constitute a breach of contract. Not having regular meetings is not considered a breach of contract. Company is available for communication Monday through Friday minus USA & International Holidays from 9am-5pm CST via slack as a method of communication or email. Company is not required to respond via text message or messenger service. Company is not available on weekends for communication or work product delivery. Company does not do daily meetings or daily updates and is not required to do weekly or monthly updates. If Client misses meetings and it delays production of any part of the advertising or organic process Company will not extend payment of the monthly retainer for any reason. Tech delays do not constitute a breach of contract and Company is not required to extend payment times or dates for any reason including tech delays.
- There are no specific requirements with regards to reporting from Company. Company will report on metrics that are available from Pinterest within Company reporting software. Client understands that not all ad platforms share metrics with reporting softwares and not all pixels for advertising share the same kpis or key performance indicators.
- CLIENT ASSETS & WORK PRODUCT OWNERSHIP:
- Client Will Provide “Assets” for pinterest marketing in the form of the needed context, content, video, logos, imagery, text, fonts.
- Proprietary Rights. Client will own any and all right, title, and interest in and to: (a) Client’s Creatives; and (b) all intellectual property rights (including without limitation copyrights, trademarks and patent rights) in the foregoing. Company is allowed to keep image template design ownership as long as content is changed for future purposes. Company hereby grants to Client 1 nonexclusive, non-transferable license to use, reproduce, and modify the Client Content solely in connection with the performance of this Agreement.
- Upon completion of the Services, and subject to full payment of all fees, costs, and expenses due, Company hereby grants to the Client 1 irrevocable, worldwide, royalty-free, nonexclusive, transferable license for copyright in Image Deliverables and any Client`s purposes. Client understands that they will be removed from Company’s publishing network for organic services upon termination of services. Upon termination of contract Client understands that if anything is changed within Client accounts (including but not limited to Pinterest ads manager, canva, tailwind, shopify, shopify apps etc.) Company is no longer responsible for changes, results or effects of those changes. Company terminates access to all influencer or social media networks, as well as access to ads & ad assets setup on the account by Company during services upon termination and Client must give Company full account access to do the affore mentioned removal.
- The Client acknowledges and agrees that in case of full payment of all fees, costs, and expenses due have not been performed in time and manner stipulated under article 2 of this Agreement, the license for copyright in the Deliverables and any part of it will not be issued by Company. In this case, the use of Deliverables and any part of it by Client will be considered as copyright infringement.
- Client understands that when contract is terminated they will be removed from Company influencer publishing networks and Client must provide Company access to their advertising & personal platform account until this removal has been finished. Company will not provide ongoing technical support for pixels or any other advertising issues as Contract ends. Client understands that Company reserves the right to remove including but not limited to ads & ad account history, and any other ad information created by Company inside ads manager after termination of services and Client is required to provide access to accounts to Company to remove this information.
- Client agrees to communication in Slack and not just by email or Facebook messenger. Client agrees to be in Pins 4 Profit/BrandRanx/LMM slack and if Pins 4 Profit/BrandRanx/LMM is added to their Slack, Client agrees to voluntarily submit records of all communication between Client and Company upon request. Client agrees not to delete any shared slack channels created between Client & Company without 30 day notice and sharing of all communication between Company and Client. Client agrees not to inhibit in any way communication records between Client & Company or ability to retrieve communication records.
- Client understands that they are giving authority of Company to communicate and to become primary points of communication with Client’s internal company & software representatives including but not limited to Pinterest reps, Carthook reps, Tailwind reps, Canva reps, Recharge reps, Flexify reps, Wicked Reports Reps, Shopify reps any 3rd party software, checkout, and/or tracking software etc. reps. Client may have access during term to certain services & reports related to Company’s reps that will not be available upon termination of services. Client agrees that Company has their own internal reps that Client doesn’t have access to and Company is not required to grant access to any Company reps for various softwares etc.
- Client understands that Company is authorized to record conversations between Client & Company and any of Company staff & representatives at any time.
- Client understands that there is a minimum two to five day lead time between the time creatives are requested and Company delivers and is able to run those images inside adsets or campaigns. Client understands there is generally a 3-5 day lead time for new ads, changes to strategy, updates for content of organic campaigns. Client understands that there’s no guarantee of launch date for pixel setup, keywords or content, evaluations on any parts of funnel process, seo or keyword research, ads and that Company sets goals but those dates are not always met and that does not constitute unfulfillment of contract. Client understands that there’s no guarantee of monthly reporting, the ability of Company’s custom reports to be set up based on Client’s access to reports or reporting structure, specific monthly reporting statistics or sales statistics for ads or organic reporting nor dates for reports to be delivered. Client understands that Company takes no responsibility for attribution information that is shared on reports on on advertising or organic platforms. Client also understands that Company can not guarantee ability to integrate or connect to or any results related to any 3rd party tracking or attribution software (including but not limited to Wicket Reports, Hyros, Supermetrics, Triple Whale, Tune, etc.).
- Client understands that changes to the Client’s account will be on both the Client’s actual account with their own login information and through the advertiser’s/Company’s account that is added as an accessible advertiser. Client understands that Company needs Admin access to their accounts to be able to upload images, create reports etc. Client also understands some softwares require access to be given to Company including but not limited to contact information & login information. In instances where Client doesn’t want to share login credentials Company is not responsible for any issues, delays etc. related to that lack of information sharing and does not constitute a breach of contract on behalf of Company. Company also takes no responsibility for breaches to sharing of passwords or other sensitive information either directly or indirectly through various softwares including but not limited to lastpass, 1password etc. Many parts of ad and organic delivery Including but not limited to organic marketing, paid image uploading, as well as some analytics reporting, product catalog uploads etc. must be done through the Client’s login information and Client authorizes Company to have access to and use personal and business login details to access softwares. Email Marketing must be done through advertiser’s account where applicable and Client account where applicable. Client agrees to give access to softwares to Company and Company staff. Company takes no responsibility for changes made to Client accounts.
- There are no general set communication or meeting times. We recommend Client scheduling bi-weekly or monthly meetings with Company but are not required. It’s Client’s responsibility to show up if meetings are scheduled and to notify Company team if you will be late, or need to reschedule. If Company waits for 10 mins on a meeting and Client doesn’t show up meeting is considered canceled and most likely will not be able to be rescheduled same day and are not guaranteed to be rescheduled at all. If services are delayed because Client doesn’t respond to communication or meeting requests or make it to meetings, it is not Company responsibility for the delay and doesn’t constitute a breach of Contract. Not having regular meetings is not considered breach of Contract. Company is available for daily communication Monday through Friday minus USA & International Holidays from 9am-5pm CST via slack. Company is not available on weekends for communication or work product delivery. Company does not do daily meetings or daily updates. Company does not offer last minute meetings for advertising or guarantee any staff to be on any meetings. If Client misses meetings and it delays production of any part of the process Company will not invalidate Contract or extend payment of monthly retainer for any reason.
- Company and Client and its employees, sub-agents, or representatives will not directly divulge, disclose, or communicate, or divulge any information that is proprietary to the either Company or Client and that all employees, subagents and representatives and will protect such information and treat it as strictly confidential, except to Client’s or Company’s Representatives who need to know such information in order to assist Client’s fulfillment of its obligations under this Agreement. Company is allowed to share screenshots of performance (without proprietary account info) of results and testimonials. Company is allowed to share logo of working with Client on Company Websites + Landing Pages. Company is allowed to share Client/Company Name testimonials when Client agrees in response to request for testimonial.
- Client understands that Company will not share direct information of Company influencer network due to privacy of influencer agreements. Upon influencers allowing Client into their publishing networks, Client may be able to see information related to influencers, it is not guaranteed that Client will see any or all information related to influencers ever. Due to the curated content nature of the platform of Pinterest that is more interest and/or keyword based not all influencer information is readily available to be shared or accessed. Client also understands that Company cannot control what is shared in Tailwind communities or when or if Client gets accepted into any specific community or influencer group.
- TERM & TERMINATION:
- This Agreement is effective on the date written above for 30 days at a time, and renew each 30 days only expiring upon any party terminating this Agreement, with or without cause, with 30 days prior fully paid written notice to the other. Notice to terminate Agreement must be in writing and isn’t enforceable unless it is in writing. Payment dates start from the date this Agreement is signed even if payments are made at later times. Ad spend % fees to Company will be added to the final automatic payments and any amounts not fully paid will be sent in a separate invoice if automatic payments do not cover this amount. Ad spend % payments from Client to Company are required to be paid within 14 days of contract termination. Even if Client cancels services within 30 days and wants services terminated that day – Client is required to pay for the following 30 days of retainer, ad spend % fees to Company, ad spend fees related to advertising platforms, as well as fees until end of next billing cycle regardless if any additional services are performed or not during that period or from the time either party gives notice. Automatic payments will continue until any and all unpaid fees are fulfilled. If Agreement is canceled on a different date of the month than signing date above, 30 day notice must be completely paid and fulfilled by Client and is not waived for any reason ever including acts of God. Company does not issue payment refunds for any reason. Company is not responsible for any reason for ad spend payments made to any advertising platform or other fees incurred for Client for any other services including but not limited to ad spend on advertising platforms, payment processing, software or otherwise. This no refund policy includes payments already made for every part of service even if services are asked to be stopped during end of contractual date and no services are rendered from time of contract termination in writing. Refunds are not required to be issued by Company for any reason. If company chooses to refund paid fees they will be minus any services charges, Client always pays prorated and all payment process charges.
- Upon termination of services and this Agreement, Client agrees to allow Company access to Client account to remove access to Company’s publishing network, remove images related to ads & to shut off ads setup by Company etc.. Client agrees not to use ads or ad materials previously created by Company going forward at any time for any reason after termination of this Agreement.
- ALGORITHM & ADVERTISING
- Client agrees not to make changes to any live advertisements, organic images, organic or paid software or images without notifying the Company immediately within the hour. Company takes no responsibility for Client changes to accounts, ads, organic marketing, algorithms, tracking etc. or the effects thereof.
- Company makes no guarantee of any results of any paid advertising or organic marketing at any time, on any platform for any reason. Company also makes no guarantee of any accuracy of recommendations made by Company or by Pinterest, or for SEO or any other type of advertising platform (including but not limited to Facebook, Google, Bing, Yahoo, Hulu, Netflix, Apple, Search Engines, Native Ads including but not limited to Taboola, Outbrain, Snapchat, TikTok, LinkedIn, Pinterest, Shopify, Canva, Tailwind, Email Marketing, Conversion Rate Optimization etc.) or their effect on results at any time for any reason. Company takes no responsibility for automatic text, images, descriptions, sharing, product information, reviews etc. that are shared with any platform through automatic or manual creation of feeds or the corruption, omission, errors or otherwise. Company makes no guarantee of strategies used for ads or organic marketing for client or corruption, omissions or errors to any part of the process of advertising or organic marketing including but not limited to ad or organic strategy, images/video/pin creation, content, copy, influencer scripts, optimizations, trends, keywords etc. Company makes no guarantee of strategies used for ads or organic marketing for client or corruption, omissions or errors to any part of the process of advertising or organic marketing including but not limited to ad or organic strategy, images/video/pin creation, content, copy, influencer scripts, optimizations, trends, keywords etc. Company is not required in any way to use the recommendations of Clients to make decisions on how to setup, optimize, choose targeting/budgeting/audiences or any other strategy or recommendation that Client wants to use to run ads or organic marketing on any platform including but not limited to Pinterest ads & organic marketing, Google SEO or PPC or otherwise and not doing so is not considered a breach of terms or Contract.
- Client acknowledges that the Company has no control and no responsibility over or related to algorithm or policy changes on any advertising platform, organic platform or social media site and how it may affect Client ads, ad performance, advertising spend or organic reach or performance. This includes but is not limited to: pixeling, shopping feeds, any and all technical changes, tracking changes, advertising platforms deleting images or other Client or Company information, algorithm changes for deliverability of ads, platform changes on metrics, information sharing or types of ads available, changes in the product feed setup or definitions of product groups and changes in product groups inside algorithms or anything else related to shopping feed setup/ingestion/integration, integrations with outside sites or apps (ex. Shopify, flexify, Pinterest apps, feeds etc.).
- Company has no responsibility for Client account limitations, payment limitations, feed & shopping feed limitations, software limitations, advertising or account shut downs, banned content, banned accounts etc., content or that is against platform advertising guidelines or how it affects Company’s advertising abilities, results, external responsibilities or timelines.
- Client understands that Pinterest algorithm warms up much slower than other sites and cannot be compared to results from any other advertising platform (including but not limited to Facebook, Instagram, Snapchat, LinkedIn, Tik Tok, Quora, Reddit, Email Marketing Platforms, SMS, Native Ads, or Search Engines including but not limited to Google) in any way including reporting standards, pixel tracking, pixel setup, optimization etc. Client understands that there is a much longer time to mature creatives etc. and promotions must be started earlier than other platforms. Client understands that platform generally shows a large amount of delayed attribution and results show up later than other platforms. Client understands that Pinterest generally reports on a longer attribution window for reporting as well as a longer time for attribution and optimization changes of adsets.
- Client understands that Pinterest or any other advertising platform, or social media site or search engine has no guarantee or results. Client understands that Pinterest as a platform generally has delayed attribution of reporting. Company cannot guarantee any results or best practices, but recommends that Client advertises on any new platform and especially Pinterest for a minimum of 4 months for paid advertising and a minimum 6 months for organic marketing on Pinterest with an already tested product and funnel that is converting on other advertising channels and even longer for new and untested sites, pixels, products, services etc. Company recommends a minimum of $5k- $10k/mo in advertising budget per month and best practices include 10X Target CPA per adset per day for ad spend to be a part of best practices. Client understands that if they are measuring overall advertising results on MER or Marketing Efficiency Ratio, adding in Pinterest spend generally takes a minimum of 4 months to start registering and there is no guarantee that it will accurately register results due to many factors including but not limited to delayed attribution and inability to track first click attribution by any software. For SEO, Company can not guarantee any links will be placed on any outside sites or for any length of time, that links will be either nofollow or dofollow from any outside site or has any control over any outside site publishing standards or requirements. Company can not guarantee how client’s profiles, images or keywords are picked up in search. Client understands that there is a minimum of 90 days for keywords to rank on Google, Bing, Yahoo, Pinterest, Yandex or any other search engine and there is nothing Company can do to speed that up. Client takes all responsibility for any payment of links or implications therein. Client also understands that more evergreen offer campaign types (lasting longer than 1-2 months v.s. 3days or weeks) typically do better for Pinterest ads and SEO than short term images, promotions, sales etc.
- Company is not responsible for funnels, pixel tracking, external checkout softwares (including but not limited to Carthook, Zipify, Flexify, one click upsell, recharge, flexify or other feed apps, etc.), additional landing pages, pixel setup, blog or social media content, conversion rate optimization, search behavior or any other of a large number of factors that affect advertising results including tracking issues, feed issues, pixeling or cross channel attribution or tracking.
- Client understands that there is no minimum or maximum number of changes/optimizations/additions of products, images made, influencer marketing communities or groups added etc., ads optimizations, organic marketing, keywords etc. that are made inside advertising accounts every month with relationships to ads, sharing, or organic marketing or influencer marketing. Company can not guarantee that any specific products, images, product groups etc. are able to be advertised on Pinterest based on any number of factors including but not limited to – feed creation abilities, automatic sharing errors, variable changes, tracking issues, ad platform policies. Company can not guarantee that there are not typos, errors, ommissions etc. in images/products/descriptions, scripts for marketing, product choices related to Company work or Client work product.
- Client agrees that there will have to be test purchases made to track pixels and allows for unlimited test purchases that will be the responsibility to be refunded and delivery canceled by Client including product & shipping fees. Client agrees to setup promo codes for Company to use. Company is not responsible for any products or to return any products that were shipped before purchase or shipping was canceled on test purchases.
- Client understands that not all countries and markets are available for advertising on Pinterest or any other advertising platforms. Company is not responsible for countries not available for advertising at any time and that those are subject to change with Pinterest.
- Client understands that Company is not responsible for any account bans or advertising account bans for any reason, or responsible to get accounts unbanned.
- Client understands that it is difficult if not impossible to properly track cross channel attribution with Pinterest or any other platform. Client understands Pinterest tracking and feed setup is different than any other platform. Client agrees that they understand this and will not expect or hold Company accountable for any kinds of attribution or reporting results for pixel and feed. Client understands and agrees that LMM team is not responsible for pixel changes or troubleshooting any issues with pixel tracking related to Client accounts.
- Client understands that Company is not a professional cross channel analytics company and anything to do with pixels, or hiring outside parties including but not limited to Spades Media, or Maksym Patyoma, or Jim Sabellico to help does not constitute any responsibility on behalf of Company for analytics reviewing or tracking, or lack there of or inability to track or delays related to inability to track. This is amplified when Client uses an external checkout softwares or landing pages builders (including but not Limited to Carthook, Recharge, Clickfunnels & Zipify or One Click Upsell) and Company is not responsible for accurate tracking on external software. Advertising platforms in general have many issues with tracking with relationship but not limited to the pixel tracking and Google Tag Manager and additional softwares used for tracking including but not limited to Shopify, Pinterest, Facebook, Supermetrics, Wicked Reports, Hyros, Google Tag Manager, Elevar, Google Analytics, External Checkout Softwares (including but not limited to Zipify, One Click Upsell, CartHook, Clickfunnels, Recharge, PPFunnels) all can affect tracking issues which Company is not responsible for. Client is responsible for tracking even if Company’s developers help install pixels. Company is also not responsible for making sure any 3rd party tracking software (including but not limited to Wicked Reports, Supermetrics, Rockerbox, Hyros, Google Analytics etc.) is installed properly or tracking accurately.
- Client understands that Company has a Pinterest specific setup for development and pixel tracking. Client agrees that if they use the Company setup or they use their own developers Company is in no way responsible for any type of tracking issues, reporting, advertising or organic issues, attribution, functionality of the pixels, feeds, reports, coding or delays related to pixel installation or coding etc.. If Client uses their own developers, or if Company uses their developers and setup becomes more detailed and the process of running ads is delayed or inhibited, it does not constitute a breach of contract by Company.
- Company can not guarantee ads will be started within any time frame, and is not obligated to comply with any strict timeline on any part of setting up the account, creative creation, tech implementation or troubleshooting, optimization or running of ads or organic marketing. If an external checkout or a non-straight to product on site checkout is used, Client understands that it is recommended that they use Company developers who have more experience with tracking on Google Tag Manager and external checkout softwares, but even using Company developer doesn’t guarantee any pixel placement, any tracking results or delay related to installation & functionality or pixels, feeds, reports etc. If Client chooses not to use Company developers, Client understands that this is at their own risk and Company is not responsible for tracking pixels. Company still requires Client to have their own internal team of developers for tracking which Company is not ultimately responsible for. If Client uses an on page hard coding pixeling process inside their site theme and makes changes to the site theme it is their responsibility to tell Company so they can check pixels immediately and at the latest within 24 hours. If Client does not do this it is not considered a breach of contract by Company and Company is not responsible for any delays or issues with tracking and ad results related to this or for any other reason when changes are made to ads or pixels and tracking.
- Client understands and agrees that there can be issues related to accounts getting properly setup for all types of campaigns including shopping campaigns on advertising platforms and Company is not responsible for any of these issues. Any internal platform issues, Company site issues or otherwise with relationship to and including but not limited to RSS feed, catalog/shopping feed, shopping apps, website apps, product groups, advertising apps, or general account setup, banning of ads, disabling of parts of accounts, billing issues are the responsibility of the Client and do not constitute any non-fulfillment of Contract or terms on behalf of Company. Company is also not responsible for ad spend related to those issues/errors or results for ads or organic marketing in general or possible issues or for any payment of Client ad spend inside advertising platforms for any reason. Any delays resulting in these with respect to advertising or organic marketing also do not constitute any fulfillment of Contract or terms on behalf of Company and does not change payment dates or contract dates to Company.
- REMEDIES: In addition to any and all other rights a party may have available according to Missouri law, if a party defaults by failing to substantially perform any provision, term or condition of the agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default.
- The party receiving such notice shall have 30 days from the effective date of such notice to cure the defaults(s).
- Company & Client agree to indemnify and hold Client harmless for all claims, losses, and expenses, fees including attorney fees, costs, and judgments that may be asserted against Company or Client.
- Company & Client are not party to (i) any pending or threatened litigation or regulatory audits with relationship to the above services, as a defendant involving fraud, misrepresentation, violation of any state or federal lending laws or regulatory compliance, (ii) any claims by Applicants, (iii) any consent orders or cease and desist orders, or (iv) any negative investor or regulatory finding through audits or examinations.
- APPLICABLE LAW & DISPUTE RESOLUTION: This Agreement will be governed by the laws of the United States of America and the local government of the state of Missouri. The parties choose the state government of Missouri to preside over any disputes. Disputes are agreed to be handled in arbitration in lieu of additional legal action. Client agrees to hold Company free of any indemnification for services or their effects provided in the time frame of agreed upon contract. Client agrees that Company has no indemnification related to Client ad spend paid directly to advertising platforms or anything related to those payments for any reason. Client agrees that Client forgoes their ability to dispute any payments for any reason with payment processing companies including but not limited to Stripe, Paypal, ACH, bank transfer or any credit card processor related to payments made to Company for any and all parts of advertising or organic marketing process or services. Client agrees to remedy any payment issues and to pay on time of contract date signing as well as dates of ongoing payments and ad spend % payments. Client agrees to resolve any differences directly with Company.
- ENTIRE AGREEMENT: 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 concerning the subject matter of the Agreement.
- This agreement supersedes any prior written or oral agreements or discussions between the parties. Client agrees that the only agreement between Client and Company is required to be in writing.
- Client understands that by paying for Done 4 You Services, they are signing a binding contract stated in the terms & conditions of the website lindsayshearer.com even if no signature is placed on any other contract.
- This agreement is assignable to other corporations within company’s structure. This agreement is binding for both the Company and personally for each signer of the agreement
- AMENDMENTS: This agreement may be modified or amended in writing, if the writing is signed by both parties.
Client agrees and understands this Agreement.
SECTION 22 – CONTACT INFORMATION
For more information about our Terms of Service , if you have questions, or if you would like to correspond with us, please contact us by e‑mail at [email protected] or by mail using the details provided below:
Lindsay Shearer, BrandRanx Media, Launch Mastery Marketing LLC, Pins 4 Profit, Ministry Membership and Kingdom Amplified Inc.
3433 Hwy. 190 #129
Mandeville, LA 70471