General Advertising Terms and Conditions

Thank you for choosing Popmix Media LLC to advise and implement your sales lead nurturing campaigns, exclusively for your business. We are excited to work with you to get more prospective sales opportunities every month.

THIS AGREEMENT (the “Agreement”), is entered by clicking the Complete Order button on the Popmix Media Advertising Insertion Order Page by and between Popmix Media LLC (“The Company”) a North Carolina corporation, with a mailing address of, 6108 Tiffield Way Wake Forest, NC 27587 and the Client (the “Client”) who entered their credit card information on the Insertion Order form.

The Client and The Company agree as follows:

The Company will:

● Create and manage Facebook advertisements on behalf of the Client account with the best effort to generate high-quality leads or calls for you and save you money (eliminate wasteful ad spend)

● Create ad copy.

● Recommended Facebook Ads budget is $1000/month which will be a separate charge from the ad management fee..

● Set up Analytics and call tracking

● Recommend and utilize best conversion techniques.

● On Pay per Call programs we manage all ads or publishers and provide the client with pre-vetted phones from leads.

Additional hourly work for items not mentioned in the scope of this proposal will be tracked and billed monthly (if applicable) at the reduced rate of $150/hr. and billed 15 min increments. These additional fees will first be submitted to Client for approval prior to work being done.

Payment Terms:

Monthly Recurring Payment is due upon start of project. This could be called a management fee, all access fee or ad management fee. Monthly recurring payments are non-refundable once charged to the account. If we are managing your ads on any of our Facebook, Google or Bing account any ad spend that is invoiced is non-refundable once the vendor has spent it. We do not guarantee leads, the quality of the leads or the quantity of the leads and you assume 100% of the risk associate with running the ads campaign. We will not undertake an effort to secure a refund from the vendor on your behalf.

Monthly payments will be debited via credit card or ACH auto recurring on the same date as signing. Client may cancel at any time after initial term with 5 days written notice to: support@popmixmedia.com

Terms & Conditions:

Engagement. Client, by its execution hereof, engages Popmix Media LLC as an independent consultant to perform the services listed in the above Plan selected by Client and these Terms and Conditions of Service (“Terms and Conditions”). These Terms and Conditions, are hereinafter referred to collectively as the “Agreement”).

Term. The initial term of this agreement is for 1 month (30 days) and month to month thereafter. This Agreement shall become effective on the date accepted by Popmix Media LLC on the same date as signing this agreement and shall continue on a month-to-month basis until terminated by either party with at least thirty (5) days prior written notice (the “Term”). This Agreement may be terminated immediately by Popmix Media LLC if (i) Client fails to pay any fees as and when due hereunder, or (ii) Client ceases to cooperate with Popmix Media LLC or otherwise makes it difficult for Popmix Media LLC to perform the services contracted hereunder, or (iii) Popmix Media LLC discovers that Client is utilizing its website for any purpose that violates federal, state or local law.

Fees and Payments. During the Term, Client agrees to pay in full when due the monthly fees for the service selected by Client as indicated in this e-signature agreement and consents to the electronic signature as legally binding. The first monthly fee and any setup fees shall be due upon acceptance of this Agreement by Popmix Media LLC.

The ad management fee does not include any advertising costs (“ad spend”). Facebook ad spend will be reconciled on Friday of every week. Popmix Media LLC reserves the right to fund the Client account with up to 5 days of estimated ad spend prior to running ads. Client is solely responsible for all ad spend regardless of outcome. We do not guarantee that any ad will produce viable leads.

All subsequent monthly fees under this Agreement shall be due on the same calendar day of each successive month (i.e., if the Agreement is accepted on May 10, subsequent monthly fees payments shall be due on June 10, July 10, etc.). Client acknowledges and agrees that any fee not paid within ten (10) days after its due date shall bear interest at the rate of 1.5% per month from such tenth (10th) day until paid. Once paid, all fees shall be nonrefundable. Popmix Media LLC reserves the right, at any time and from time to time, to increase the monthly and other fees charged by Popmix Media LLC for the services provided hereunder upon forty-five (45) days’ prior notice to Client. Client consents to auto-recurring payments electronically using their preferred method of payment for credit card, debit card or ACH.

Communication: The preferred method of communication between both parties will be via e-mail. Past 30-day review calls of campaign performance may be scheduled upon request using our calendar system. A notification is e-mailed out once a month where the client can pick a time for their follow-up call. These calls can be done over the phone or as a video call with screen share. Additional time on the phone is considered paid consulting time and may be billed at the hourly rate of $125 per hour. It may be purchased in blocks of one hour at a minimum and the time blocks may not be split up into smaller time blocks (i.e. 15-minute sessions) or accrue if time is unused.

Client Authorization. Client authorizes Popmix Media LLC to (i) access without limitation Client’s website or funnels to analyze its content and structure; (ii) to alter Client’s funnels or website as necessary or desirable in Popmix Media LLC’s sole and absolute discretion for purposes of ad optimization, and for any other purpose agreed to by Client and Popmix Media LLC; (iii) upload such pages and content to the Client’s website as Popmix Media LLC deems appropriate in its sole and absolute discretion for purposes of search engine optimization; (iv) make use of all of Client’s logos, trademarks, copyrights, website images and similar items to create informational pages and for other uses deemed necessary by Popmix Media LLC to provide the services subscribed for hereunder; and (v) communicate with third parties as Popmix Media LLC deems necessary in its sole discretion to perform Popmix Media LLC’s services hereunder, including but not limited to Client’s web designer.

Client Consent to Installation of Telephone Tracking Number. Client consents to the placement of a telephone tracking number on Client’s website, funnels and on off-site videos, and further consents to the recording of all telephone calls that are routed through the telephone tracking number. Client understands that the telephone tracking number will remain on the Client’s website and embedded in Client’s offsite videos during the Term. Within a reasonable time after the termination of this Agreement, the telephone tracking number will be removed from Client’s website, but will remain on Client’s off-site videos. Client may request that Client’s off-site videos be removed by Popmix Media LLC, but understands that Popmix Media LLC will not separately remove the embedded tracking number from Client’s off-site videos, even upon termination of this Agreement. At the termination of this Agreement, and provided that Client has paid in full all of the fees due hereunder, including any interest due on the fees payable hereunder, Client will port the telephone tracking number to Client at no cost to Popmix Media LLC. Upon termination of this Agreement, Client shall have sixty (60) days from the effective date of termination to move its website to another website host. If Client has not, by the end of such sixty (60) day period, moved its website to a new website host, Popmix Media LLC shall have the authority and right, without notice to or the consent of Client, to remove Client’s website from Popmix Media LLC’s server, with no liability to Popmix Media LLC for such removal.

Client Acknowledgments. Client makes the following acknowledgments:

(i) that Popmix Media LLC cannot control or exert influence over the policies or operations of any search engine companies or any other third parties regarding the content of the sites that are accepted by the search engine companies or other third parties;

(ii) that Popmix Media LLC will not be responsible for any changes or alterations to Client’s website made by Client or any third parties that negatively impacts the rankings or visibility of Client’s website;

(iii) that because the results of the services to be provided by Popmix Media LLC hereunder depend upon a number of factors outside of Popmix Media LLC’s control, Popmix Media LLC cannot guarantee the results of its services to Client;

(iv) that because the utilization of certain keywords and key phrases are very competitive, and because search engines are constantly changing search engine ranking algorithms, Popmix Media LLC cannot guarantee that Client’s website will achieve the highest search result position in any search engine or consistent search result positions in the top rankings;

(v) that certain search engine companies may affect the rankings of new and/or unproven companies (for example, “sandboxing”);

(vi) that search engines will, from time to time, drop listings without specific causes; and (vii) that while Popmix Media LLC shall use commercially reasonable diligence to promptly submit and/or effect a change in rankings of Client’s website, some search engines may take several months or longer to list and/or effect a change in rankings. Website ownership does not include website hosting services to make site live on the internet. Client web hosting will be included at no charge while they are an active marketing client.

(vii) on pay per call programs "Agent hang up and call backs" before the end of the buffer will result in a charge for that call. Hang up call backs are not permitted pay per call programs that include a buffer time.

Force Majeure. Popmix Media LLC shall not be liable for, nor considered to be in breach under this Agreement due to, delay or failure to perform under this Agreement as a consequence of any conditions that are beyond Popmix Media LLC’s reasonable control after exercising commercially reasonable efforts.

DISCLAIMERS OF LIABILITY. In addition to any disclaimers of liability found elsewhere in these Terms and Conditions, Popmix Media LLC shall not be liable to Client for indirect, special, exemplary or consequential damages, and specifically disclaims any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing, lost profits, whether foreseeable or based on breach of contract or warranty, strict liability or negligence arising under or in connection with this Agreement, notwithstanding the failure of any remedy provided in this Agreement. Popmix Media LLC makes no representation or warranty of any kind or nature, whether express or implied, with respect to any products or third party content of, or software, equipment or hardware obtained from, any third parties. Popmix Media LLC will not be responsible for results due to any alterations or overwrites made to a website by another party, as Client understands that this can adversely affect the search engine rankings of Client’s website(s), nor for the effect of Client linking to any particular websites without the prior consultation and approval of Popmix Media LLC.

Client Representations and Warranties; Indemnity. Client represents and warrants to Popmix Media LLC the following: (i) that Client owns the URL listed on this agreement if applicable or will allow Popmix Media LLC to buy one on his behalf; and (ii) that Client owns or has the absolute and unrestricted right to use and to grant to Popmix Media LLC the right to use all graphics, photos, designs, intellectual property and artwork, and any element or elements thereof, that Client furnishes to Popmix Media LLC. Client indemnifies and holds harmless Popmix Media LLC and Popmix Media LLC’s owners, officers, directors and employees from and against any and all liabilities, costs and expenses (including but not limited to reasonable attorneys’ fees and costs incurred at trial, appeal or other legal proceeding) arising out of or with respect to any breach by Client of any of the foregoing representations and warranties, or the breach of any representations and warranties contained elsewhere in this Agreement, and/or the failure by Client to comply with any covenant of Client contained in this Agreement. If Client is a company, the individual signing this Agreement represents and warrants that the execution of this Agreement has been authorized by all necessary action of the Client, and that the undersigned has full authority to sign on behalf of and bind the Client hereunder.

Governing Law/Arbitration. This Agreement shall be governed by and under the laws of the State of North Carolina without regard to conflict of laws principles. Any controversy or claim arising out of or under, or relating to, this Agreement, including but not limited to authority to sign this Agreement, contract formation issues, fraud or the breach of any provision hereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, in any arbitration hereunder, the arbitrator shall have no authority to award any relief outside the scope of all disclaimers stated in this Agreement. All arbitration proceedings brought hereunder shall be located exclusively in Wake County, NC.

Miscellaneous. This Agreement may not be assigned by Client without the prior written consent of Popmix Media LLC which may be withheld or denied by Popmix Media LLC in its sole and absolute discretion. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto. The prevailing party in any suit, action or proceeding (including, but not limited to, an arbitration proceeding) arising out of or in connection with this Agreement, shall be entitled to an award of reasonable attorneys’ fees, costs and disbursements incurred by it in connection therewith. Any failure by Popmix Media LLC to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. All previous communications about the subject matter of this agreement, either oral or written, are hereby abrogated and withdrawn, and this agreement constitutes the entire agreement between Client and Popmix Media LLC with regard to the subject matter hereof. No terms, conditions, understandings, or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by both Client and Popmix Media LLC. There are no third party beneficiaries of or to this Agreement or any of the provisions hereunder. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. Any signature to this Agreement that is transmitted by fax or email transmission shall be considered an original signature for all purposes. It is the intent of the parties hereto that all provisions of this Agreement shall be enforced to the fullest extent possible. Accordingly, if any arbitrator determines that the scope and/or operation of any provision of this Agreement are too broad to be enforced as written, the parties hereto intend that the arbitrator should reform such provision to the minimum extent necessary to render such provision enforceable. If, however, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, and not subject to reformation, then such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision was never a part of this Agreement. The rule of construction that an ambiguity in a contract will be construed against the drafter is hereby waived by both parties hereto.

The parties understand and agree that the construction and interpretation of this Agreement is governed by the laws of the State of North Carolina. In the event that either party must initiate legal action to enforce this Agreement, the Parties agree that the proper venue for such action shall be the courts of the State of North Carolina.

I authorize Popmix Media LLC to charge my credit card above for agreed upon purchases. I understand that my information will be saved to file for future transactions on my account.