Digital Marketing Agreement

Effective Date: Jan 12, 2024
Company: eBurst Services Inc.
Website: https://eburstservices.com

This Digital Marketing Services Agreement (“Agreement”) governs the relationship between eBurst Services Inc. (“eBurst,” “Company,” “we,” “us,” or “our”) and the client (“Client,” “you,” or “your”) engaging our marketing services.

By engaging our services, submitting payment, or executing a marketing plan with us, you agree to the terms outlined below.

1. Scope of Services

eBurst Services Inc. provides digital marketing services which may include, but are not limited to:

  • Paid advertising management (Google, Bing, Yelp, social media, etc.)
  • Search engine marketing (SEM)
  • Social media marketing
  • Campaign strategy and planning
  • Funnel creation
  • Analytics tracking and reporting
  • Retargeting campaigns
  • Conversion optimization

Specific services will be outlined in a separate Service Proposal, Marketing Plan, or Invoice.

2. Responsibility for Marketing Results

eBurst Services Inc. assumes full responsibility for the execution and performance of all marketing strategies implemented by our team.

This includes responsibility for:

  • Positive results generated by our campaigns
  • Negative performance outcomes resulting directly from our execution
  • Budget allocation decisions
  • Ad structure and targeting setup

However, eBurst Services Inc. is not responsible for:

  • Client business operations
  • Sales team performance
  • Product or service fulfillment
  • Customer service failures
  • Platform outages or algorithm changes beyond our control
  • Industry-wide economic changes

Marketing performance is influenced by multiple external variables. While we take full responsibility for our execution, we do not guarantee specific revenue, lead volume, or conversion numbers unless otherwise stated in writing.

3. Advertising Funds & Client Accounts

3.1 Designated Advertising Account

All advertising funds deposited with eBurst Services Inc. are:

  • Held in a designated account specific to the Client
  • Allocated solely for that Client’s advertising campaigns
  • Not commingled with Company operational funds

These funds remain designated for advertising purposes only.

3.2 Virtual Card Access

Clients may request access to a virtual card connected to their designated advertising account. This card may be used exclusively for:

  • Advertising platform payments
  • Approved campaign-related expenses

eBurst reserves the right to monitor and restrict usage to authorized advertising expenses only.

3.3 Deposit Requirement

All marketing funds (ad spend budgets) must be deposited one (1) month prior to the month in which the marketing plan will be executed.

Example:
If campaigns are scheduled to run in May, all ad funds must be deposited no later than April 1st.

Failure to deposit funds on time may result in:

  • Delayed campaign launch
  • Suspension of advertising
  • Rescheduling of marketing strategy

4. Billing Structure

To prevent confusion in billing:

  • Service fees (management, strategy, optimization) will be invoiced separately.
  • Advertising spend (adspend) will be invoiced separately.

This ensures complete transparency between operational fees and media spend.

5. Ad Spend Allocation & Third-Party Platforms

All ad spend funds are paid directly to third-party advertising platforms, including but not limited to:

  • Google
  • Yelp
  • Microsoft/Bing
  • Meta (Facebook/Instagram)
  • LinkedIn
  • TikTok
  • Other approved digital advertising platforms

eBurst Services Inc.:

  • Does not receive commissions from these platforms
  • Does not receive kickbacks
  • Does not receive rebates
  • Does not receive referral payments
  • Does not profit from media spend

All advertising funds are used strictly for client campaign placement.

6. Refund Policy for Advertising Funds

Advertising funds:

  • Are non-refundable once deployed into live campaigns
  • Are subject to third-party platform refund policies
  • May be returned if unused and not committed to advertising placements

Any unused balance remaining in the designated advertising account may be refunded upon written request, less any pending charges.

7. Client Responsibilities

Client agrees to:

  • Provide accurate business information
  • Supply creative assets when requested
  • Approve marketing plans in a timely manner
  • Fund advertising accounts according to required deadlines
  • Maintain ethical and lawful business practices

Failure to cooperate may negatively impact campaign performance.

8. Termination

Either party may terminate services with written notice.

Upon termination:

  • All earned service fees remain due
  • Active advertising campaigns will be paused
  • Remaining unused ad funds (if any) will be reconciled

9. No Guarantee of Platform Control

eBurst Services Inc. does not control third-party platforms. We are not responsible for:

  • Account suspensions
  • Policy changes
  • Ad disapprovals
  • Increased cost-per-click due to competition
  • Algorithm changes

10. Limitation of Liability

To the maximum extent permitted by law:

eBurst Services Inc. shall not be liable for indirect, incidental, or consequential damages arising from marketing performance.

Total liability shall not exceed the total service fees paid in the previous thirty (30) days.

11. Acceptance of Terms

By engaging services, making payment, or continuing to use our marketing services, the Client acknowledges that they have:

  • Read this Agreement
  • Understood its terms
  • Agreed to be legally bound by it