Terms and Conditions for Easy Scale LLC Services
Introduction: By signing up to work with Easy Scale LLC, you (“the client”) agree to the following terms and conditions. Please read them carefully before proceeding.
1. Services Provided: Easy Scale LLC offers lead generation services on a commission basis. The client acknowledges that the services provided by Easy Scale LLC are discretionary and may vary based on the needs and market conditions.
2. Ad Creation and Approval: Easy Scale LLC will provide the client with previews of all advertisements created on their behalf. The client retains the right to accept or reject any advertisement prior to its publication or distribution. If the client chooses to reject an advertisement, they must provide clear feedback or reasons for the rejection. Easy Scale LLC will make reasonable efforts to address the client’s concerns and revise the advertisement accordingly. However, the final decision regarding the content and design of the advertisement remains at the sole discretion of Easy Scale LLC. Should the client decide not to run a particular advertisement, Easy Scale LLC commits to respecting this decision and will not run the ad or associated marketing campaign against the client’s wishes.
3. Commission and Payments:
- Lifetime Commission: The commission rate, as mutually agreed upon, is payable for every transaction made by a customer account that was acquired through the marketing and advertising efforts of Easy Scale. This commission is applicable for the entire duration or “lifetime” of the customer’s relationship with the client. Any and all transactions made by this customer, for as long as they remain a customer of the client, will be subject to the agreed-upon commission rate payable to Easy Scale.
- Non-refundable Fees: Any setup fee or other upfront costs paid by the client to Easy Scale LLC are non-refundable, regardless of the results or duration of the collaboration.
4. Client’s Responsibilities and Rights:
- Ad Costs: The client is solely responsible for all costs associated with running the ads on respective platforms. Easy Scale LLC is not liable for any increases in ad costs, changes in ad platform policies, or any other financial obligations related to ad placements.
- Client Cooperation: The success of Easy Scale LLC’s services may require timely and accurate information from the client. The client agrees to cooperate fully with Easy Scale LLC and provide any necessary information promptly. Failure to do so may impact the effectiveness of the services provided.
- Rights to Audit and Enforce: Easy Scale reserves the right to access and review the accounts of leads and customers acquired through its efforts. This includes the right to retain contact information of these leads and to directly communicate with them to verify and confirm reported sales figures. If it is discovered at any point that sales figures have been underreported, misrepresented, or concealed, Easy Scale LLC and its owners retain the right to impose a penalty. This penalty will be equivalent to double the standard commission amount on the unreported sales. Such penalties are legally enforceable, and Easy Scale reserves the right to pursue legal action to ensure compliance.
5. Terms and Conditions:
- No Guarantees: Easy Scale LLC does not guarantee any specific outcomes, including but not limited to sales, leads, or any other performance metrics. The client acknowledges that marketing and advertising results are inherently uncertain and agrees not to hold Easy Scale LLC liable for any perceived lack of results.
- Exclusive Discretion: The type, amount, and frequency of ads created and run by Easy Scale LLC are at the sole discretion of Easy Scale LLC. The client acknowledges that they have no right to demand specific ads or ad types.
- Exclusivity Clause: While Easy Scale LLC commits to working exclusively with one client per region, per industry, this exclusivity is subject to change at Easy Scale LLC’s discretion. The client acknowledges that Easy Scale LLC retains the right to modify its exclusivity policy without prior notice. The definition of industry and region borders are exclusively at the discretion of Easy Scale LLC.
- Termination: Both parties reserve the right to terminate the agreement at any time. Upon termination, the client is not entitled to any refunds, compensations, or claims against Easy Scale LLC.
- Intellectual Property: All materials, including ad creatives, copywriting, designs, and other assets created by Easy Scale LLC, remain the exclusive property of Easy Scale LLC. The client is granted a limited license to use these materials solely for the purpose of the services provided under this agreement.
- Limitation of Liability: In no event shall Easy Scale LLC be liable for any indirect, consequential, special, or incidental damages, including lost profits.
- Indemnification: The client agrees to indemnify and hold harmless Easy Scale LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with the services provided under this agreement.
- Non-disparagement: The client agrees not to make any statements, written or verbal, or cause or encourage others to make any statements that defame, disparage, or in any way criticize the personal or business reputation, practices, or conduct of Easy Scale LLC, its employees, directors, or officers.
- Confidentiality: Both parties agree to maintain the confidentiality of all information obtained during the course of their collaboration, unless such information is publicly available or its disclosure is required by law.
- Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is due to unforeseen circumstances beyond its reasonable control, including but not limited to acts of nature, governmental actions, or technological failures.
- Amendments: Any changes or modifications to this agreement must be in writing and signed by both parties. Verbal agreements or understandings will not be recognized.
- Dispute Resolution: Any disputes arising from this agreement shall be resolved through arbitration in the jurisdiction where Easy Scale LLC is registered. The decision of the arbitrator shall be final and binding on both parties.
- Governing Law: This agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Easy Scale LLC is registered, without regard to its conflict of laws principles.
7. Acceptance of Terms: By signing up and using Easy Scale LLC’s services, the client confirms that they have read, understood, and agreed to be bound by these terms and conditions.