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The Marketing Cartel Inc. – Privacy Policy
- Services will be provided by The Marketing Cartel Inc., of 12429 NW 35th St, Coral Springs, FL 33065. The Marketing Cartel Inc.
agrees to use commercially reasonable efforts to perform the Services in accordance with the Specifications set forth within our buy page which lists specific activities that will take place. Algorithms constantly change, and we reserve the right to modify our work methods at any point in time.
- Consulting Services: The Marketing Cartel Inc. agrees to act as a consultant and to advise the Client with respect to the Services specified herein. Such services are for business and instructional purposes only. The parties agree that any written or oral consultation provided by The Marketing Cartel Inc. is advisory, involving The Marketing Cartel Inc. judgment based on education and experience and that guarantees are made on a case-by-case basis. Unless a guarantee is presented within a proposal, a guarantee is not being offered.
- Marketing & Search Engine Optimization: The Marketing Cartel Inc. shall provide clients with marketing or optimization analysis and interpretation. The Marketing Cartel Inc. shall outline a brief description of services to be provided, parameters, fees, and estimated number of hours required which shall be incorporated into the schedules herein. With respect to search engine optimization, The Marketing Cartel Inc. disclaims any and all other warranties, expressed or implied, and cannot guarantee the success of any marketing or optimization services but can only show typical results as shown on our website.
- Maintenance Services: The client may request The Marketing Cartel Inc. to perform maintenance or updates of the website for an additional cost set forth in the schedules herein. Maintenance shall mean minor alterations, repairs, and changes to the website, including but not limited to updating calls to action, A/B testing, Multivariate testing, Conversion Rate Optimization, links, news updates, refreshing content, minor graphics alternations, search engine reanalysis, website usage statistics, etc.
- Services beyond the scope of the project: If the Client requests changes that exceed the scope of Specifications this will be treated as an “Additional Service”. The Marketing Cartel Inc. shall prepare a written estimate for additional time and materials. If Client agrees to the written estimate, the Additional Service shall be incorporated by reference into the schedules herein.
- Proprietary Rights: The client shall retain all rights, title, and interest (including copyright, trademarks, and other proprietary or intellectual property rights) in all the work performed under this Agreement, excluding The Marketing Cartel Inc. Content, images, graphic user interface, source, and object code. To the extent that ownership of The Marketing Cartel Inc. Content does not automatically vest in The Marketing Cartel Inc. by virtue of this Agreement or otherwise, Client agrees to transfer and assign to The Marketing Cartel Inc. all rights, title, and interest in The Marketing Cartel Inc. Content and/or protectable elements or derivative works thereof.
- Licenses: Client grants to The Marketing Cartel Inc. a non-exclusive, worldwide, royalty-free license for the term of this Agreement to edit, modify, adapt, translate, exhibit, publish, transmit, copy, prepare derivative works from, distribute, perform, display and use any Client Content in connection with the website and/or The Marketing Cartel Inc. performance of this Agreement. In consideration of Client’s payment to The Marketing Cartel Inc. pursuant to Section II Payment, The Marketing Cartel Inc. grants to Client a limited, non-transferable, non-exclusive, worldwide license to copy, display on the Internet, and use for Client’s business purposes The Marketing Cartel Inc. Content.
- Expenses & Other Costs: The client shall reimburse DWSS for out-of-pocket expenses that are reasonably incurred by The Marketing Cartel Inc. in the performance of this Agreement. Additionally, the Client is responsible for any and all materials, equipment, supplies, and Outsourced Service costs which will be invoiced separately and must be paid for by the Client prior to the commencement of any Service.
- Confidential Information: In providing services to the Client pursuant to this Agreement, The Marketing Cartel Inc. may acquire information that pertains to the Client’s products, processes, equipment, programs, developments, or plans and that is both (i) disclosed or made known by the Client to The Marketing Cartel Inc. and (ii) identified as “proprietary” by the Client at any time (“Proprietary Information”). The Marketing Cartel Inc. agrees not to disclose any Proprietary Information to third parties or to use any Proprietary Information for any purpose other than the performance of services pursuant to this Agreement, without the prior written consent of the Client. Proprietary Information does not include information that: (i) is or later becomes available to the public through no breach of this Agreement by The Marketing Cartel Inc.; (ii) is obtained by The Marketing Cartel Inc. from a third party who had the legal right to disclose the information to The Marketing Cartel Inc.; (iii) is already in the possession of The Marketing Cartel Inc. on the date this Agreement becomes effective; or (iv) is required to be disclosed by law, government regulation, or court order.
- LIMITED LIABILITY: IN NO EVENT SHALL THE MARKETING CARTEL INC. BE LIABLE, IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR PERFORMANCE OF ANY RELATED SERVICES, EVEN IF THE MARKETING CARTEL INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM AGGREGATE AMOUNT OF MONEY DAMAGES FOR WHICH DWSS MAY BE LIABLE TO THE CLIENT UNDER THIS AGREEMENT, RESULTING FROM ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY THE CLIENT TO THE MARKETING CARTEL INC. UNDER THIS AGREEMENT.
- Indemnification: The Client hereby releases and agrees to hold harmless, defend, and indemnify The Marketing Cartel Inc., from any and all claims, actions, proceedings, suits, liabilities, damages (actual, consequential, or incidental), settlements, penalties, fines, costs or expenses (including without limitation, reasonable attorney’s fees and other litigation expenses) of every kind, whether know or unknown, incurred by the Client arising out of this Agreement.
- Customer’s Warranty: Client represents and warrants to The Marketing Cartel Inc. that (i) Client has the right and authority to enter into and perform its obligations under this Agreement; (ii) Client Content does not and shall not contain any content, material, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) Client owns the Client Content and all proprietary or intellectual property rights therein or has express written authorization from the owner to copy, use and display the Client Content on and within the website.
- Default: If Client fails to pay any Service or other amount specified in this Agreement within ten (10) days after payment is due, or if Client fails to perform or observe any other provision of this Agreement, The Marketing Cartel Inc. shall have the right to exercise any one or more the following remedies: (i) to refuse to provide further Services until such default is fully cured; (ii) to file a lawsuit to recover Service charges due and payable; (iii) to terminate this Agreement; (iv) to pursue any other remedy at law or in equity. If The Marketing Cartel Inc. elects to terminate this Agreement due to Client’s default, Client shall be and remain liable for the full performance of all obligations pursuant to this Agreement.
- Term & Termination: The term of the agreement shall begin on the execution of this Agreement and continue for a period specified in the schedules set forth herein. If Client terminates this Agreement before completion of Services, Client shall pay for all work performed through the date of termination, plus all associated expenses and costs.
- Miscellaneous:
- This Agreement contains the entire and only agreement between the parties, and any and all statements and representations, written and oral, including previous correspondence and agreements between the parties hereto are merged herein.
- DWSS and its employees, subcontractors, and other representatives are providing the services under this Agreement as independent contractors.
- A waiver of one or more breaches of any clause of this Agreement shall not act to waive any other breach, whether of the same or different clauses.
- This Agreement may not be modified or terminated except as provided herein or by other written agreement.
- The Marketing Cartel Inc., at its sole discretion, may outsource or assign any Service requested by the Client, in whole or in part to ensure timely completion of the project. The client, however, shall not assign any of its rights or obligations hereunder without the prior written consent of The Marketing Cartel Inc., and any purported assignment without such prior written consent shall be null and void and of no force and effect.
- The Marketing Cartel Inc. shall be excused from performance to the extent that performance is prevented, delayed, or obstructed by causes beyond The Marketing Cartel Inc.’s reasonable control, including delays in performance by the Client, acts of nature (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or essential services.
- If any provision of this Agreement is invalid, such provision shall be considered deleted from this Agreement and shall not invalidate the remaining provisions.
- The prevailing party shall be entitled to reasonable attorney’s fees and costs.
- This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. The venue shall be in Broward County, Florida.
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