TERM OF AGREEMENT BETWEEN CLIENT (or) Small
Business Partner (YOU) & GMRWebTeam for Small Business Website Partnership
Program
TERM OF AGREEMENT BETWEEN
CLIENT (or)
Small Business Partner (YOU) & GMRWebTeam for Small Business Website
Partnership Program
Items Not Provided as Services or Deliverables
| 1. |
Ad production, graphic design, audio/video materials,
interactive media development, infomercials and other advertising fulfillment
services are not included as services or Deliverables, but shall be offered to
Client through Global Marketing Resources fulfillment services.
|
| 2. |
Pay-per-click advertising fee in client elects to use this
advertisement channel. GMRWebTeam would setup the accounts for the small
Business Website Partners at no cost, but the advertisement fee to Google,
Yahoo, or any other Search Engines would be 100% client’s responsibility.
|
| 3. |
Fees paid to affiliate partners would be 100% client’s
responsibility. GMRWebTeam would mange the affiliate program of its small
business website partners at no cost, but the fee paid to affiliates would be
client’s responsibility.
|
| 4. |
All fees paid to the credit card processors.
|
Confidentiality
To
execute this program properly, GMRWebTeam will need access to
certain confidential information of your company, including future
plans, business strategies, and other proprietary information
(collectively, the "Confidential Information"). GMRWebTeam agrees
that it will take reasonable steps to assure that Confidential
Information is not divulged, disclosed, or communicated to any third
party without the prior written consent of The Client. Confidential
Information shall not include information previously known to
GMRWebTeam, properly received from a third party or in the public
domain.
Dispute Resolution
If the parties hereto should have any dispute
arising out of or relating to this Agreement or the parties’
respective rights and duties hereunder, then the parties agree to
refer the matter to binding arbitration by the American Arbitration
Association under its Commercial Rules.
No Limit on GMRWebTeam
Engagements
GMRWebTeam and Consultant are not limited in
any way in pursuing other business engagements, provided however,
neither will disclose Confidential Information of Client in any such
engagement. Client agrees that this Agreement does not prevent
GMRWebTeam from providing similar services to other clients using
the general marketing concepts and the know how and experience
gained hereunder or from developing products or services which might
be competitive with the Deliverables and materials provided
hereunder.
Deliverables
GMRWebTeam
GMRWebTeam agrees to deliver the following to the client in lieu
of either purchase or lease of its small business website partnership program:
| 1. |
Turnkey website with website address provided by the client,
contents provided by clients (and edited by GMRWebTeam), and the following
features:
| A. |
Informational Website or ecommerce website.
|
| B. |
Online credit card processing fee for ecommerce websites from
the online processors of the choice.
|
| C. |
Management & Hosting of the website for a fee of
$20/month. This fee will need to be paid upfront.
|
|
| 2. |
Marketing program consisting of
| A. |
Banner advertisement or listing on websites that GMRWebTeam
deems fit.
|
| B. |
Pay-per-click advertisement setup in Google & Yahoo.
Payments for advertisement in Google & Yahoo would be clients’
responsibility. GMRWebTeam would not pay for clicks charged by Google &
Yahoo.
|
| C. |
Affiliate program. GMRWebTeam would select affiliates at its
own discretion and would not pay for any affiliate fee for getting hits on the
website from its affiliates. That will be client’s responsibility.
|
|
GMRWebTeam does not promise any sales or profit results from
the program. The actual revenue & profit results would depend on the
clients’ ability to close business and execute properly. If anyone promised you
specific results during any time of conversation, this notice supersedes it.
Please let us know about it either by phone (949) 679-3418 or email to
ajay@globalmarketingresources.com immediately if someone promised any specific
results.
Small Business Website Partner (Client) Responsibilities
| 1. |
Pay the website design fee upfront.
|
| 2. |
Pay the hosting/maintenance fee through their credit card
subscription on the 2nd of every month.
|
| 3. |
Pay 12.5% of sales (or another percentage separately agreed
upon between GMRWebTeam and the client) for an ecommerce website.
|
| 4. |
Pay $35 (or another agreed upon amount) for every lead. A lead
is considered phone or email inquiry to the client about their services.
|
Refund Policy
There
will be no refund after the website is delivered to the client.
Subscription Period
Client
can sever relationship with GMRWebTeam at one-month notice. The
severance of relationship means that GMRWebTeam would bring client’s
website down and client will not need to pay nay amount. The client
has no rights on the website or the website address if registered by
GMRWebTeam.
Ownership and License of Deliverables
GMRWebTeam owns all Deliverables and materials
developed or created by its staff during this Project. Client has
perpetual, non-exclusive, non-transferable right to use the website
and the marketing program developed by GMRWebTeam so long client is
paying monthly subscription and the agreed upon commission for sales
or lead generation through the website. The Deliverables and other
materials and the GMRWebTeam system may not be sold, transferred or
used except as provided herein or with the written permission of
GMRWebTeam.
Pricing
GMRWebTeam reserves the right to increase
prices of its services to its client. The client will get a 60 day
notice prior to the price increase and will have the option to opt
out of the partnership.
Non-Payment by Client
In the
event of non-payment by the client, GMRWebTeam reserves the right to
discontinue its services, bring the website down, and sell it in the
market to any potential buyer. Client may need to pay a one-time fee
and revised subscription fee to get the website started.
Entire Agreement; Amendment
This Agreement contains the entire agreement of
the parties and there are no other promises or conditions in any
other agreement whether oral or written. This Agreement supersedes
any prior written or oral agreements between the parties. This
Agreement may be modified or amended if the amendment is made in
writing and is signed by both parties.