This Agreement is entered into on the date the first electronic payment was completed between an authorized company agent ("Customer") and The Media Corp Media, LLC ("Service Provider"), located at 233 Shenandoah Trail, Warner Robins, GA 31088. Customer has requested that the Service Provider furnish certain marketing material, promotional, and business development training services as further described herein.
The Service Provider agrees to supply services and deliverables as detailed in Exhibit A, which is incorporated herein by reference.
The Customer shall pay the Service Provider a weekly retainer in the amount established by the Customer's first electronic payment. Electronic payment is required for all retainers, fees, and invoices.
Late Payment: A three-day grace period applies from the due date. A fee of $50.00 per calendar day accrues beginning on the fourth (4th) day. Interest accrues at 1.5% monthly on balances unpaid after 14 business days. Service Provider may suspend services if payment exceeds three days late.
This Agreement has a minimum initial term of ninety (90) days from the date the first electronic payment was completed. After the initial 90-day term, the Agreement automatically converts to a month-to-month arrangement and continues until properly cancelled or paused in accordance with this Section.
The Customer may cancel or pause Services only by submitting a written request through the Service Provider's official cancellation form, accessible at adboost.org/cancel. Cancellation requests submitted before the end of the 90-day initial term will take effect at the end of that term, with the 30-day notice period running concurrently.
30-Day Notice Required: After the initial 90-day term, cancellation or pause requests require thirty (30) days' written notice prior to the requested effective date. Notice is deemed received only when the cancellation form is successfully submitted and confirmed. Payment obligations continue throughout the 30-day notice period.
The following methods do not constitute valid notice: email, text message, social media, phone call, voicemail, or verbal communication of any kind.
The Service Provider does not provide any proprietary software and no software is included in the Weekly Retainer. The Service Provider shall invoice the Customer for all out-of-pocket and pass-through expenses directly incurred. Payment is due within 14 business days of invoice receipt.
For disputed invoices, Customer may pay the disputed amount in good faith with written explanation and supporting documentation.
Both parties must fully cooperate and provide reasonably necessary information to efficiently perform services under this Agreement.
Service Provider Warranties: Service Provider warrants that (a) it has not incorporated proprietary third-party intellectual property into deliverables to its knowledge; (b) Customer has freedom to practice the deliverables; and (c) services will be performed professionally with commercially reasonable best efforts.
Customer Warranties: Customer warrants that (a) it has legal authority to execute this Agreement; (b) it is the sole owner of materials provided; and (c) such materials are non-defamatory and do not infringe any intellectual property rights.
Services are not performed on a work-for-hire basis. All intellectual property rights related to the Services shall remain the property of Service Provider. Customer receives a non-exclusive, non-transferable license for internal business use only.
The original design file of any project remains the intellectual property of the Service Provider unless otherwise stated. Customer may purchase original files at Service Provider's determined cost.
Both parties agree to maintain confidentiality for all proprietary information disclosed by the other party. This obligation does not apply to information that is publicly known, independently developed, lawfully received from a third party, already possessed by the receiving party, or legally required to be disclosed.
Confidentiality obligations are perpetual and survive termination of this Agreement.
Unpaid accounts may be placed with external collection agencies. Customer is responsible for all collection fees. Customer authorizes telephone and email contact, including automated messages, where legally permitted.
Each party agrees to indemnify and hold harmless the other from third-party suits, claims, losses, damages, and liabilities arising from any breach of this Agreement, negligence, or infringement by the indemnifying party.
Service Provider's liability for any and all claims shall not exceed the amounts paid and payable by Customer under this Agreement.
Customer acknowledges and agrees that Service Provider cannot guarantee results or effectiveness of any services. Service Provider commits to professional conduct per industry standards but does not promise or warrant specific business outcomes.
Service Provider and its personnel are independent contractors, not employees of Customer. Neither party acts as agent for the other, and neither party has authority to bind the other to any obligation.
Disputes shall be resolved through the following process in order: (1) good faith negotiations between the parties; (2) mediation; and (3) binding arbitration under the rules of the American Arbitration Association in Atlanta, Georgia.
The prevailing party in any dispute shall recover reasonable costs and attorney fees.
This Agreement requires a minimum 90-day initial commitment. To cancel or pause services after the initial term, Customer must submit a request at adboost.org/cancel with at least 30 days' written notice. All retainers and invoices remain due through the 30-day notice period. Early cancellation requests submitted during the initial 90-day term will take effect at the end of that term.
Upon termination, Service Provider may revoke access to campaigns, creatives, systems, and deliverables. Customer shall be allowed to retain possession of any videos created specifically for Customer by Service Provider, unless otherwise stated in Exhibit A.
For a period of two (2) years following termination of this Agreement, Customer shall not directly or indirectly hire or solicit any employee, contractor, or agent of Service Provider.
Use the form below to submit a service request, cancellation notice, or any question related to your agreement.