In consideration of the mutual covenants set forth in this Agreement, Customer and Company hereby agree as follows:
The Customer Agrees to have the funds indicated in the fee schedule above for automatic withdrawal for the term agreed upon detailed in the in the “Agreement Duration” box above. Once the term has completed the service will renew and continue to be billed at the agreed upon duration for the life of the client unless specified otherwise in an agreement both parties agree to. The Customer may only cancel through a written request sent to support@iLocalGurus.com
. Cancellation requests must be sent 30 days prior to cancellation to avoid getting billed for the next subscription payment due. If assistance is needed at any time the Customer may call the Company to speak with a client services agent at 714-888-5660.
The Customer understands that the non-refundable fees defined in the SYNC fee schedule are not refundable for any reason.
Company’s SYNC is described as the process of synchronizing the customers’ business profile information with publishers within the Company’s partnership network. The partnership network currently includes 2findlocal, 411, 8coupons, ABLocal, AirYell, AmericanTowns, Avantar, Bing, ChamberofCommerce.com, Citybot, CityMaps, Citysearch, CitySquares, CoPilot, Cricket, eLocal, EZlocal, Facebook, Factual, Foursquare, GetFave, GoLocal247, Google+, Local.com, LocalDatabase, LocalPages, MapQuest, MerchantCircle, MetroPCS, MojoPages, Navmii, Opendi, PennySaver, PhoneNumber, Pocketly, Pointcom, ShowMeLocal, Superpages, Switchboard, Topix, Tupalo, USCity.net, VotefortheBest, Where To?, White & Yellow Pages, White Pages, Yahoo!, YaSabe, YellowBot, Yellowise and Yext. The Customers business profile is managed and maintained by the Company for the term of the agreed upon duration detailed in the SYNC Service Fee Schedule.
While there are many variables with in the Company’s service and every customer is different from the next, the customer will receive a dedicated digital marketing agent who will perform a great number of tasks which may include but may not be limited to:
- Strategic profile development : After the account has been established, we will define, develop and produce one business profile which will be synchronized to all of the publishers in the Company’s partnership network. The focus of the business profile will be based on the customers indicated primary category.
- Advanced keyword research and selection: The business profile may be limited to the specific category selections provided by the individual publisher, however the Company will get as close as possible to the primary category completed by the customer in the SYNC application and Agreement.
- Creative development: Our SYNC software allows our marketers to includes customized, engaging, effective and creative content when developing the customers’ business profile. The company is limited to the customers content, however the company may or may not create custom content and no extra charge. If The Company does produce such content it will remain the property of the Company unless purchased outright from the customer.
- Industry specific directory submission: The Company may manually submit industry specific directory listings on behalf of the customer. This must be requested by the customer and there may be additional charges associated with the request.
- Update Information: The Company will update the company profile at the request of the client The Company will advise the customer on the recommended minimum duration for specific content to remain unchanged based on best practices to the best of the Company’s ability. Change of customer information is available anytime and will update everywhere with in the partnership network. Change of information on any listings outside of the partnership network may be requested by the customer and is at the sole discretion of the Company to decide the effect of the customers on line presence and may or may not be executed with or without additional fees.
- Featured Message: The Customer will have the option to display a featured message on all of the publishers in the partnership network with the exclusion of Google+.
- Content lists: The Company will configure products/services lists, staff bios, calendars and menus on all of the participating publishers listings with in the partnership network. This content must be provided by the customer.
- Reputation Monitoring: The Company will actively monitor the customer listings with in the partnership network for reviews. Anytime the customer gets a review, the customer will be notified to enable the customer to take action.
- Tracking and Reporting : The Company will track the customers impressions and profile views at the local level by partner with full analytics on local search performance. The company will provide a month end report for the customer at the customer’s request.
- Guaranteed Presence: The Company guarantees the customers listings will be present with the correct information. The Company will automatically add missing listings, and update critical fields like name, address, phone number, and categories across the partnership network.
Customer acknowledges the following with respect to services:
- Company accepts no responsibility for policies of third-party search engines, directories or other Web Sites(“Third-party resources”) that Company may submit to with respect to the classification or type of content it accepts whether now or in the future. Customer’s Web Site or content may be excluded or banned from any Third-party resource at any time. Customer agrees not to hold Company responsible for any liability or actions taken by Third-party resources under this Agreement.
- Customer acknowledges that the nature of many of the resources Company may employ under this Agreement are competitive in nature. Company does not guarantee #1 positions, consistent positioning, “top 10 positions” or guaranteed placement for any particular keyword, phrase or search term. Customer acknowledges that Company’s past performance is not indicative of any future results Customer may experience.
- Customer acknowledges that marketing and submissions to search engines and directories can take an indefinite amount of time for inclusion, unless paid inclusion programs are employed. Each edit or change made to any resources employed by Company will repeat these inclusion times.
- Customer acknowledges that any of the search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
- Customer acknowledges that search engines may drop listings from its database for no apparent or predictable reason. Company shall re-submit resources to the search engine based on the current policies of the search engine in question and whether pay inclusion programs are being used.
- Company will endeavor to make every effort to keep Customer informed.
- Customer acknowledges that some of the Third-party resources only offer paid inclusion programs that require a fee or continued maintenance or performance fees.
Customer is solely responsible for all paid inclusion fees and must maintain adequate funds in any Third-party accounts in order to maintain inclusion in these resources.
- Company reserves the exclusive right, for the duration of this Agreement, to approve or disapprove any design strategies, existing code or other techniques, whether requested by Customer or presently employed by Customer that are considered by Company to be detrimental to the execution of Company’s services under this Agreement.
iLocalGurus’s Online Marketing services are intended to serve two main purposes: 1) to provide the Client with increased exposure in search engines, and 2) to drive targeted online traffic to the site.
iLocalGurus’ s Online Marketing Services may or may not include (but are not limited to):
- Researching keywords and phrases to select appropriate, relevant search terms (up to 3focus words).
- Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic.
- Editing and/or optimization of text for various html tags, meta data, page titles, and page text as necessary.
- Analysis and recommendations on optimal website structure, navigation, code, etc. for best online marketing purposes.
- Recommend, as required, additional web pages or content for the purpose of “catching “keyword/phrase searches.
- Create traffic and ranking reports for client and any associated pages showing rankings in the major search engines.
- iLocalGurus will provide Client with Online Marketing Services (hereinafter referred to as “Online Marketing”) as described in this contract. iLocalGurus will use specific keywords and/or phrases to improve the search engine ranking of, and/or position the contents of the Client’s online content.
- The total fee for the services to be provided has been detailed in the above service fee schedule. All fees must be paid in full prior to the start of campaign.
For the purposes of receiving professional Online Marketing services, Client agrees to provide the following:
- Administrative/back-end access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by iLocalGurus for search engine optimization purposes.
- If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. iLocalGurus can create site content at additional cost to the Client. If Client is interested in purchasing content from iLocalGurus, please contact iLocalGurus for a cost estimate.
Client must acknowledge the following with respect to Online Marketing services:
- All fees are non-refundable.
- All fees, services, documents, recommendations, and reports are confidential.
- iLocalGurus has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, iLocalGurus does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term. However, if iLocalGurus fails to achieve front page placement for at least one of the agreed upon focus words within 90 days, the client may submit a written request to pause billing and iLocalGurus will continue Online Marketing services at no added cost to the Client until such a result is provided. At that time billing will percentage is met.
- Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist. This is referred to as the “Google Sandbox.” iLocalGurus assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
- Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional Online Marketing. Should a listing be dropped during the Online Marketing campaign and does not reappear within 30 days of campaign completion, iLocalGurus will re-optimize the website/page based on the current policies of the search engine in question.
- Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid search advertising), the Client is responsible for all paid for inclusion or expedited service fees. iLocalGurus can offer a list of expedited listing services upon request.
- Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all Online Marketing efforts. iLocalGurus does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
iLocalGurus is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
Additional Services not listed herein (such as managing pay-per click campaigns, copywriting, link baiting, etc.) may be provided for a fee if requested by the client.
The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to iLocalGurus for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend iLocalGurus and its subcontractors from any liability or suit arising from the use of such elements.
iLocalGurus is not responsible for the Client overwriting Online Marketing work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content, based on the hourly rate of $75 per hour. Notwithstanding any other provision of this Agreement, iLocalGurus’ s obligation to provide free Online Marketing services shall cease in the event the Client’s conduct overwrites the Online Marketing services provided. For example, if the client’s webmaster uploads Online Marketing content without consulting iLocalGurus, then iLocalGurus’ s obligation to provide Online Marketing services for free shall terminate.