Marketing Services Additional Terms
Last Updated: February 21, 2017.
All terms not otherwise defined herein shall have the definitions set forth in the Terms of Service.
These Marketing Services Additional Terms (these "Additional Terms") are effective as of the date set forth above, and are a part of Our overall Terms of Service ("Terms of Service").
You agree to be bound by these Additional Terms if You purchase Our marketing services, which include pay-per-click (“PPC”), feed services, email marketing, search engine optimization (“SEO”) services and social media marketing (collectively, “Marketing Services”). Our Marketing Services and any plans available are described on Our website.
Our Marketing Services may require that You provide certain information or access to third party services. We may require You to answer certain questions, provide input or other critical feedback. In addition, some of Our Marketing Services may require that You provide to Us administrative/backend access to your websites or access to certain third party services such as Google, Microsoft, Yahoo, Facebook or Twitter. You agree to provide to Us such information and access to such third party services as is necessary to perform Our Marketing Services.
We will not be held responsible for delays caused by Your failure to provide requested information or access to third party services in a timely manner. If You fail to provide the required information or access to third party services within one (1) month of a request, We may terminate the Marketing Services, and You will not be entitled to any refunds or credits.
Any third-party services used by You or created by You or on Your behalf in connection with the Marketing Services are Your responsibility. You will be required to agree to any terms and conditions required for Your use of such Third Party Services, and to pay any and all fees charged. You are responsible for maintaining the security of the account information (user name, password, etc.) for any third party services in which You provide access to Us. Care should be taken in storing and sharing passwords, and We recommend that You do not send account information by any means that are not encrypted. If You change any of the account information at any time during which We are providing Our Marketing Services, You must notify Us immediately of such change.
You are responsible for all fees and costs charged by third parties in connection with their services, including any costs per view or costs per visit fees for PPC campaigns, fees associated with services such as Facebook Advertising or Twitter Advertising, and any other fees charged by third parties.
Some of Our Marketing Services may require Us to use Your name, trade names, trademarks and service marks. You hereby grant to Us a non-exclusive right and license to Your name, trade names, trademarks, service marks and other intellectual property only to the extent necessary to provide the Marketing Services. This license shall terminate with respect to any Marketing Services upon the termination or expiration of the term of such services.
In connection with Our Marketing Services, We may provide original or additional content in electronic format for such services or for the purpose of creating additional or richer web pages. Additional fees may apply. This may include "ghostwriting" certain articles on Your behalf to be attributed to an individual within Your organization (usually the owner) when published on Your blog and third party websites. You have the option to approve or suggest changes to articles within 2 business days of completion. If You suggest modifications, changes will be implemented and the article will be published without further delay. If You do not respond within 2 business days (Monday through Friday excluding Holidays), approval is assumed and the article will be published.
You acknowledge that the efficacy of Our Marketing Services may be dependent on third party services such as Google, Microsoft, Yahoo, Facebook or Twitter. We will not be held liable for any changes in their algorithms, rules, policies or procedures that may adversely impact the campaign and/or cause it to be paused or disapproved.
We are not liable for any loss of ranking or traffic and We do not guarantee any increase in sales.
We will not offer any Marketing Services to any site that violates Our Authorized Use Policy, as determined in Our sole discretion.
Our full Marketing Services are available to Our customers on Our Volusion platform. However, we may perform some of Our Marketing Services on other ecommerce platforms. If We do, We may not provide all of the services included in the Marketing Services that You would receive if on the Volusion platform.
Subject to Section 10 of Our Terms of Service, You will be charged the fees for Our Marketing Services as described in the plan that You purchase, on the frequency and for a term that is set forth in such plan. Unless otherwise specified in a plan, at the end of the term, We will continue to provide the Marketing Services on a month to month basis until terminated by You. We do not offer refunds for fees paid, including prepaid fees. Unless otherwise specifically provided in any plan for Our Marketing Services or these Additional Terms, if You terminate such plan, You are liable for all fees to be paid for the remainder of any term.
PPC
If You purchase our PPC services, We will create, manage and optimize Your Google or Bing PPC campaigns, as more particularly described on Our website (“Our PPC Services”). The scope of Our PPC Services plans and the fees charged are described on Our website or in materials to be delivered to You. Our plans provide that We manage a certain ad spend for a management fee. This ad spend is estimated per day and may exceed a given day's budget by as much as 20% but will not exceed the agreed upon total per month. We also offer custom plans, the terms of which will be described to You prior to purchase.
We will use Our commercially reasonable efforts to qualify visitors under Our PPC Services. However, We do not guarantee the number of conversions produced by visitors or that clicks are not fraudulent.
Email Marketing Services
If You purchase Our email marketing services, We will collaborate with you to create email campaigns highlighting your products and services (“Our Email Marketing Services”). All campaigns will be sent from a email accounts managed by Us on your behalf through third-party service providers.
You will be required to regularly update your unsubscribe list. We are not responsible for emails sent to addresses that have unsubscribed or the resulting violations of any law or regulation caused by Your failure to timely update the list. We will use the information provided by You to comply with the identification requirements of the CAN-SPAM Act. Failure to provide accurate information or to timely update the information provided may result in a violation of laws or regulations governing email marketing. We shall have no liability for, and You shall indemnify us with respect to, any such violation. We will not send any email marketing that We, in Our sole discretion, determine to be spam or otherwise in violation of any law, regulation or the Volusion Acceptable Use Policy.
Campaigns will be created in the standard format. Should You desire a custom design that is different from the standard format, please contact Us to get a quote. All campaigns are created in collaboration with You and will not be sent unless You have provided the appropriate approvals. No credits or refunds will be issued for missed campaigns that were delayed due to your untimely approvals. You also acknowledge that different email platforms may render the email format differently. As such the email format that You approved may be altered when viewed by a customer from a different format. Limitations contained in the email and other third-party tools may restrict certain format changes.
While We create the email content, You are responsible for setting up and maintaining any links referenced in the email (i.e. social media accounts and/or landing pages.)
SEO Services
If You purchase our SEO services, we will provide You with search engine optimization services for one or more of Your websites by using certain keywords and/or phrases to improve the ranking and/or positioning the contents of Your website in the search engines and/or directories that are most frequently used by the general public (“Our SEO Services”).
To provide Our SEO Services, You agree to:
- authorize Us to make changes to Your Site for the purpose of optimization, and to communicate directly with any third parties if necessary;
- grant to Us unlimited access to existing website traffic statistics for analysis and tracking purposes; and
- license to Us the right to use Your intellectual property, including your logos, trademarks and copyrights, solely and for the express purposes of providing Our SEO Services.
We are not liable for any other changes or issues caused by other search engine optimization companies or by You or any third party. You agree to notify Us promptly if You engage in any other search engine optimization efforts, whether directly or through a third party, during the term of Our SEO Services.
You acknowledge and agree that We do not have 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. Your website may be excluded from any directory or search engine at any time as 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, We do not guarantee any exact placement in any search engines (eg, #1 positions) or consistent position in a range (eg, top 10 positions) for any particular keyword, phrase or search term.
Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than 6 months. This is referred to as the “Google Sandbox”. We assume no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. We do not assume liability for Your choice to link to or obtain a link from any particular website without prior consultation.
Should You wish to terminate any SEO services prior to the end of the plan term, You agree to pay an early termination fee equal to 50% of the amounts due for the remainder of the plan term, payable upon termination.
Shopping Feeds
If You purchase our Shopping Feeds services, We will set up and manage Your Shopping Feeds campaign by submitting Your products to the shopping engine and placing bids (“Our Shopping Feeds Services”). The scope of Our Shopping Feeds Services plans and the fees charged are described on Our website or in materials to be delivered to You. Our plans provide that We manage a certain ad spend for a management fee. This ad spend is estimated per day and may exceed a given day's budget by as much as 20% but will not exceed the agreed upon total per month. We also offer custom plans, the terms of which will be described to You prior to purchase.
Our Shopping Feeds Services are subject to the terms and conditions of shopping engine services, and require lead times of up to 14 days while we wait on approval by the applicable shopping engine.
We will use Our commercially reasonable efforts to qualify visitors under Our Shopping Feeds Services. However, We do not guarantee the number of conversions produced by visitors or that clicks are not fraudulent.
