SQWAWK LLC Client Agreement
By submitting your payment, you agree to this agreement.
You are an authorized representative of the company submitting the payment and with the full power and authority to do so. You agree to comply with the terms and conditions of this agreement.
Lead Generation Service
SQWAWK LLC will use it's proprietary digital marketing methodologies to generate and provide unlimited sales leads to your company. These leads are exclusive, meaning that we will only share these leads with you and no other company. Leads will come in three forms. 1) Live calls from prospects to your company. 2) Recorded voicemails if the caller leaves a message. 3) Contact forms sent to your email address. All calls are recorded for training purposes and the caller will be notified.
Breathalyzer Advertising Service
SQWAWK LLC will display a one-page advertisement on at least 50 Breathalyzer machines located in at least 50 bars in the San Francisco Bay Area. Exact bar names and locations will be provided at your request. Your ad will run in a continuous loop every 90 seconds and will be shown for 8 seconds in duration. Other advertisements will be displayed in addition to yours.
For Breathalyzer advertising, you are responsible for designing the one-page advertisement conforming to our format requirements (provided via email). You will submit the advertisement by sending it as an attachment in an email addressed to email@example.com. SQWAWK LLC reserves the right to refuse any advertisement it deems inappropriate or that does not conform to our graphic specifications.
You will be invoiced for the plan you select every month. The number of months in each plan (committed plan period) is the duration of your commitment to continuing advertising or receiving sales leads at the price based on the specific plan. The minimum committed plan period is one month. Payment must be made before your advertisement begins or lead generation service begins. Once we receive your payment, your advertisement or lead generation service will begin to run within 24 business hours. For your convenience, you may submit your payment online as indicated on your invoice. Failure to submit payment by the due date will result in the termination of your advertisement or lead generation service.
You may cancel the advertising or lead generation service at any time during your plan period by providing written notice sent electronically to firstname.lastname@example.org. Regardless of when the written notification is submitted, and unless specifically requested, your advertisement or lead generation service will continue to run through it's committed plan period. No refunds will be made for the committed plan period, and you will no longer be invoiced for subsequent months.
This agreement shall be construed and enforced in accordance with the laws of the State of Delaware.
You agree to indemnify, defend, and hold harmless SQWAWK LLC, it's employees, directors, agents, and representatives against any and all claims, judgments, fees, demands, settlements, and expenses (including reasonable attorneys’ fees) that arise as a result of the company’s performance, or non-performance, of duties in this agreement.
Any controversies or disputes arising out of or relating to this contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns this agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.