The Marketing Foundation TM  

Terms of Service Agreement 

Welcome to Profit Partners LLC and The Marketing Foundation. As a new client, you agree to the following Terms of Service.

OVERVIEW:

 This Terms of Service Agreement provides the terms and conditions governing the use of The Marketing FoundationTM which is owned by Profit Partners LLC. You agree to use the system in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.

 This agreement is between Profit Partners LLC and all clients. Unless the context requires otherwise, Profit Partners LLC, and/or their assigns shall be referred to as “us, we, or our” and you shall be referred to as “you, your or client.” No Changes to these will be honored unless they are in writing and signed by all current Profit Partner LLC. members.

 Since the implementation of the system in its entirety is the key to strong results, it is your obligation to implement. That being said, you understand that Profit Partners LLC, and/or their assigns does not guarantee or predict any type of profit or response from said services.

You understand that certain content within The Marketing FoundationTM has been pre-written by us. You are fully responsible for reviewing all content and altering any content that you may not be able to fulfill. 

 You understand it is your responsibility to alter or change or request to change this verbiage by emailing Team@MyMarketingFoundation.com. You understand that Profit Partners LLC is in no way responsible for content and claims and is merely a marketing agency that is providing a marketing system for you and your organization to use.

PRIVACY STATEMENT:

 Profit Partners LLC will not rent, sell, access or in anyway use your customer database information. This information will be kept strictly confidential in the highest manner possible.

 Customer Information: All Profit Partner LLC. customer account information is held in strict confidence. We do not sell or share our customer list with any other entities. Customer information such as name, e-mail address, mailing address, phone number, and billing information is collected for the sole purpose of providing services described on this web site.

 Customer Lead Information: All leads (e-mail addresses and other associated information) generated by the subscriber are held in strict confidence. Each lead’s information is kept only that the subscriber’s follow up messages may be sent to that lead. Profit Partner LLC does not contact subscriber leads, nor does it sell or share your lead information with any other party.

ANTI-SPAM POLICY:

 Sending email to people who have not specifically requested it is “spam”. Autopilot accounts may not to be used to spam! Spamming is a serious offense that Profit Partners LLC. does not permit.

 Abusive Usage Includes:

• Sending email to people who have not specifically requested information from you.

• Batching or in any way trying to script the addition of new subscribers to the web form subscribe methods.

• Sending unsolicited email thru third parties that then references an account here either in the email or on a landing page of a website.

• Newsgroup or discussion forum postings to off topic newsgroups that prohibit those types of posts.

SYSTEM USAGE AND PAYMENT:

 You understand that as a client you are entitled to use The Marketing FoundationTM as long as you are current in your fees to Profit Partners LLC.  Clients with multiple locations may be required to pay additional monthly fees. Pricing will vary based on geography and number of additional locations. Specifics will be put into writing and agreed by both Profit Partners LLC and the client in advance.

 You also understand that upon termination or delinquency in payment, your system will no longer function until you pay for the service.

 

 Due to the nature of the technologies and Internet stability, Profit Partners LLC and/or their assigns provides, service interruptions may occur. Profit Partners LLC is paying for technical support for all their products and services. Any interruptions to date have been fixed immediately. No full, partial or pro-rated refunds will be made as adjustment for any such service interruption. Client hereby acknowledges that changes in the nature of the services which may be offered under this agreement which are beyond the control of Profit Partners LLC and/or their assigns do not constitute grounds for any full or partial refund of any advance fees paid.

SERVICES PROVIDED:

 We agree to provide you, directly or through our subcontractors and affiliates, with our complete Marketing FoundationTM system and programs. You understand that The Marketing FoundationTM is continually modified and adjusted to meet the needs of our clients. Materials, programs, systems and guidance may change at any time and without prior notice.

The Marketing Foundation will provide you access and training, at a minimum, to the following marketing strategies:

Lead Generation Tactical pieces

Lead Campaigns

External Marketing Strategies

Internal Marketing Strategies

Automatic Lead Capture System

Money-Making Website

Prospect Low-Risk Offers

Prospect e-Newsletter

Automatic Missed Tour follow-up

Automatic Prospect follow-up

Automatic Prospect e-Newsletter delivery

Bi-monthly Member Newsletter

Member Survey Implementation

Confidential Survey Results

Monthly Assessment and Suggested Fixes

Front Desk Training

First Point of Contact Improvements

WARRANTIES:

 We make no warranties to you of any kind, expressed or implied, with respect to the service of Profit Partners LLC and/or our partners and outside vendors. We expressly disclaim any implied warranty of merchantability of this service for a particular service. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

 While we take all reasonable precautions to ensure your database is secure and protected. You understand and agree that we are under no obligation to export, extract, retrieve or “massage” your database for you.

TERMS:

 You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; 4) to accept commercial email and similar offers presented by Profit Partners LLC.

 If we learn of a violation or likely violation of this Agreement, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the Agreement, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

 We strictly prohibit any involvement in UCE campaigns, commonly known as SPAM. As such, by submitting to the terms outlined in this Agreement, you are also bound to the policies contained in our Spam Policy.

 You agree to indemnify and hold us harmless from any claim resulting from your use of this service which damages any person.

ASSIGNMENT:

 This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

CHANGES OF TERMS OF SERVICE:

 We reserve the right to change the terms and conditions of this agreement as needed. Use of our services by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with our cancellation policy.

 You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, or billing information changes.

CANCELLATION PROCEDURES:

 You agree to provide us a minimum of 30 days notice to cancel or terminate services. You will no longer be have unlimited support and access to our staff for help and assistance. You understand further that you will no longer receive periodic marketing and campaign strategies.  Our 30 day money-back guarantee insures you the right to change your mind if this is not the right solution for you.  We must be notified within the 30 days of purchase.  You have to email us at team@mymarketingfoundation.com

NOTICES:

 All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

GENERAL PROVISIONS:

 The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations and understandings. 

 No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. 

 If an organization is the client, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation. 

REFUND POLICY:

Our 30 day money-back guarantee insures you the right to change your mind if this is not the right solution for you. We must be notified within the 30 days of purchase. You have to email us at team@mymarketingfoundation.com to request your refund.