Terms and Conditions
Your use of any of the services provided by Empire Marketing Solutions (hereinafter “Empire Marketing Solutions”) is expressly subject to the following Terms of Service. The terms “you” and/or “your” within this Terms of Service agreement (herein “Terms of Service” or “Agreement”) are meant to identify the consumer, customer, client, and/or the account holder, as any necessary and reasonable interpretation calls for. This Terms of Service creates a legally binding agreement between you, as the customer, and Empire Marketing Solutions. Your use of Empire Marketing Solutions’ services expressly confirms your intent to be bound by the following Terms of Service.
1. Accepting the Terms.
1.1 In order to use any service provided by Empire Marketing Solutions, you must agree to abide by these Terms of Service. You agree that these Terms of Service are legally binding on you immediately upon you taking any of the following actions:
1.1(a) Ordering any of Empire Marketing Solutions’ services;
1.1(b) Providing Empire Marketing Solutions with a valid credit card number, expiration date, and security code to secure payment for Empire Marketing Solutions’ services;
1.1(c) Providing Empire Marketing Solutions with valid PayPal Account Information and instructing Empire Marketing Solutions to charge that PayPal account for payment to Empire Marketing Solutions for services rendered by Empire Marketing Solutions;
1.1(d) Providing Empire Marketing Solutions with a check which Empire Marketing Solutions relies upon by submitting said check to a financial institution to draw upon that checking account as payment for Empire Marketing Solutions’ services; or
1.1(e) Accepting the benefit of any of Empire Marketing Solutions’ services.
1.2 By accepting the services of Empire Marketing Solutions you understand you are entering into a legal and binding contract between you and Empire Marketing Solutions.
2. Search Engine Placement (“SEP”) and Social Media Placement (“SMP”) Services.
2.1 Services Provided.
2.1(a) Empire Marketing Solutions will provide Search Engine Placement services (herein “SEP services”). Empire Marketing Solutions will make reasonable efforts to ensure a hyperlink to your web site appears in the “Sponsored Results” section located on the search engine’s results. Empire Marketing Solutions will also work with you to create advertisements designed and intended to maximize the exposure of your website.
2.1(b) Empire Marketing Solutions will make every reasonable effort to ensure that your website will be positioned within the “Sponsored Results” on the Search Results Page of the search engine(s) you have selected. Empire Marketing Solutions has ten (10) business days to secure placement on the selected search engine(s), commencing on the date payment is first received. All SEP selections are subject to availability and approval by the search engine provider. Any guarantee will be void for issues caused by delays and/or downtime identified in section 4 herein.
2.1(c) Empire Marketing Solutions reserves the right to cancel this Agreement for any reason Empire Marketing Solutions deems appropriate. Furthermore, you acknowledge that performance of the SEP services may be affected by one or more of the following factors: (1) poor web site evaluation by the search engine(s); (2) web site pop-up traffic; (3) redirected web site addresses; (4) top level domain conflicts; or (5) changes made to your web site(s) or your domain name(s) after Empire Marketing Solutions has uploaded your information to the search engine(s). Empire Marketing Solutions will make every reasonable effort to work with you to maximize the effectiveness of our SEP services. By accepting the terms of this Agreement, you acknowledge that factors such as those listed above are beyond the control of Empire Marketing Solutions and might frustrate the effectiveness of Empire Marketing Solutions’ SEP services. By accepting the terms of this Agreement, you agree not to bring a cause of action in any court of competent jurisdiction against Empire Marketing Solutions where a claim against Empire Marketing Solutions is based upon the occurrence of any of the factors listed in this paragraph.
2.1 (d) Social Media Placement (“SMP”) or Search Engine Placement (“SEP”) Services. If you have purchased SMP or SEP Services, Empire Marketing Solutions, will design multiple ad variations, based on your initial services selection, for your review and approval. You warrant all images or other media submitted by you, for use in such advertising, is yours to use, and does not violate any applicable copyright, trademark, or other protections, and Empire Marketing Solutions reserves the right to reject any such images or media submitted.
2.1 (e) Social Media Placement Campaign Management (“SMPCM”) or Google/Bing Search Engine Placement Campaign Management (“SEPCM”) Services. Empire Marketing Solutions will create and/or administer all necessary advertising related accounts on your behalf, and will position your designated advertising, either created by Empire Marketing Solutions submitted by client, on the Social Media Platform(s) or among the “Sponsored Results” on the Search Engine(s) and/or Search Engine Network(s), you selected, within 10 business days of your approval or submitting of advertising, contingent upon your designated advertising passing the Quality Standards Review(s) imposed by the selected Social Media Platform(s) such as Facebook, Twitter or Google Plus, or Search Engine(s) such as Google and/or Bing/Yahoo. Those reviews consider, but are not limited to: Relevancy; Popularity; Keywords; Content; Local Relevance; Format and Layout. Certain types of advertising may require administrative level privileges on an existing account, and you agree to provide administrative level account access to Empire Marketing Solutions as needed and requested, said access enduring until services are terminated. For the purposes of this agreement, when selecting service, Search Engine Placement (“SEP”) is defined as the Exact Match targeted only unless amended in writing. Search Engine Marketing Campaign selections involve keyword searches, and such searches are subject to availability and Empire Marketing Solutions’ approval. Further, you understand that the availability of search terms and placement are affected by market conditions and as a result may change from time to time. In the event the costs incurred by Empire Marketing Solutions. to maintain your current position increases substantially, Empire Marketing Solutions shall offer you the option of: continuing placement at the increased Fees or choosing another position for which the Fees are substantially the same as the Fees you are paying at the time of increase. In the event Fees for maintaining your current position substantially decrease, Empire Marketing Solutions will offer you the option of choosing another keyword search for which the Service Fees seem to offer better value at substantially the same Fees you are paying. Changes in Service Fees shall appear during the billing cycle immediately following the cycle in which the Fees change. In the event that neither a change in keyword search nor a change in monthly fees is a mutually acceptable option Empire Marketing Solutions, reserves the right to terminate service at it’s sole discretion. If Empire Marketing Solutions terminates service within a billing cycle you will be refunded the balance remaining for that cycle. You understand and agree that the Quality Standards Review(s) and alliances between independent social media sites, search engines, and the Yahoo! Search Network, Bing, and Google search engines are not under Empire Marketing Solutions’ control.
2.1 (f) Ad campaign creation. The client’s ad campaign will consist of information gathered from the client during the set appointment with the client’s designated Ad Manager of Empire Marketing Solutions. Following the appointment, the client’s designated Ad Manager will begin to create the client’s customized ad campaign. This process typically takes up to 5 business days. Depending on the amount of customization work involved requested by the client, the ad campaign may take up to 7 to 10 business days. After the ads are completed, the designated Ad Manager will e-mail the samples of the ads to be approved by the client. In the event the client does not approved the ads within 72 business hours, Empire Marketing Solutions will assume the ad campaign is approved. The client’s monthly recurring billing date will begin once the ads have been uploaded and approved by the social media venue.
2.1 (g) Failure to provide custom demographic targeting preferences and image suggestions for SMP services. Empire Marketing Solutions will make every reasonable effort to contact the client to discuss preferred demographic targeting information and custom illustration for custom ad creation. After making several attempts to contact the client (typically 5 business days after the set appointment made during initial client signup), Empire Marketing Solutions reserves the right to create a campaign with general information gathered from the client’s designated advertised URL and create illustrated ads to be listed under the client’s ad campaign. After the ads have been created, the client’s monthly recurring billing date will begin after 72 business hours and/or once approved by the social media venue. If the client is unsatisfied with the work done by Empire Marketing Solutions, the client may request changes to the ad text and/or ad illustration. Ad text and illustration changes typically will take up to 72 business hours. These changes will not affect the start date of the ad campaign nor the billing date.
2.2 Term of Commitment.
2.2(a) This is a month-to-month contract, commencing on the date first payment is received, and shall automatically be renewed every month thereafter unless terminated according to the terms of this Agreement.
2.2(b) All accounts will commence on a start date set by Empire Marketing Solutions which will also serve as the re-occurring date for your account. Creation of your account(s) and commencement of your services must occur within ten (10) business days of your prepayment for services and/or acceptance of these Terms of Service in accordance with Section 1 herein.
2.3 Account Setup Fee.
2.3(a) By accepting the terms of this Agreement, you acknowledge and consent to paying an additional fee to Empire Marketing Solutions, called an “Account Setup Fee.” The Account Setup Fee is charged to all new clients of Empire Marketing Solutions and reflects the cost of creating your account(s) with the various search engine provider(s). Empire Marketing Solutions shall notify you of the exact amount of the Account Setup Fee at the time your order for services is processed by Empire Marketing Solutions. Except as otherwise provided in this Agreement, the Account Setup Fee is non-refundable.
2.4 Monthly Fee.
2.4(a) You understand and acknowledge that Empire Marketing Solutions will be charging you a recurring monthly fee (herein “Monthly fee”) for the services provided by Empire Marketing Solutions. Your account representative will determine your Monthly fee at the time your order for services is processed by Empire Marketing Solutions.
2.4(b) The monthly fee is due in advance of delivery of services each month. Your account will be billed up to five (5) days in advance of the recurring date to ensure proper application of payment to your account. By accepting the terms of this Agreement, you acknowledge that you understand that errors or other issues in payment processing could lead to a lapse in placement, or discontinuation of service. In the event your services are interrupted because of a failure in the processing of the payment for services, you agree to hold Empire Marketing Solutions harmless from any damages, known or unknown, resulting from the interruption in services.
2.4(c) Due to the market driven nature of Empire Marketing Solutions’ services, pricing and advertising positioning on your account is subject to change. If the cost to maintain your position substantially increases, you will be made aware of the new rate. You will then have the option to maintain your advertising position at the new, increased rate, or to replace it with an advertising position that is in equal value to your previous advertising rate, if available. You will not be charged for price increases without prior approval; however, if you refuse to maintain your advertising position at the new rate, the position will then become available for placement by Empire Marketing Solutions. If the costs for maintaining your advertising position substantially decrease, you will be offered a lower rate or additional positions.
2.5(a) YOU MAY ONLY CANCEL SERVICES VIA EMAIL WITH AT LEAST (7) SEVEN DAYS PRIOR NOTICE TO MONTHLY RECURRING BILLING DATE TO:
2.5(b) Empire Marketing Solutions’ obligation to provide services begins immediately upon your oral confirmation to a Empire Marketing Solutions representative of your intent to engage Empire Marketing Solutions’ SEP services. You acknowledge and understand that Empire Marketing Solutions will begin to immediately incur expenses on your behalf. Further, you acknowledge that Empire Marketing Solutions is justifiably relying on your oral confirmation of your intent to engage Empire Marketing Solutions’ services and be bound by these Terms of Service.
2.5(b)(1) Notwithstanding Section 2.5(b) of this Agreement, confirmation of your intent to engage Empire Marketing Solutions’ SEP services may be made by oral, written or other communication which demonstrates and manifests your intent to be bound by the terms of this Agreement.
2.5(c) If you decide to cancel services within twenty-four (24) hours of the time you originally engage Empire Marketing Solutions’ services, you acknowledge and consent to a refund of the initial charge less a thirty-five ($35.00) dollar cancellation fee for costs incurred by Empire Marketing Solutions as a result of commencing work on your account.
2.5(d) During the initial month of service, if you do not cancel your account in accordance with section 2.5(c) herein, you hereby agree and consent to no refund being due to you. Your account will remain active for the initial term of one month and will be terminated thereafter without further cost to you.
2.5(e) During any month of service subsequent to the initial month, you must provide notice of cancellation to Empire Marketing Solutions at least seven (7) days prior to the reoccurring date. Notice of cancellation must be given in accordance with section 2.5(a) herein.
2.5(f) You understand that your account may be canceled at the discretion of Empire Marketing Solutions. You understand that the alliances between independent search engines and the Yahoo! Search Network and Google search engines are not under the control of Empire Marketing Solutions.
2.6 Disuptes and Chargebacks.
2.6(a) By engaging the services of Empire Marketing Solutions, you hereby waive and/or surrender the right to dispute or “chargeback” any amounts charged to any credit card used to pay for services provided to you by Empire Marketing Solutions.
2.6(b) By engaging the services of Empire Marketing Solutions, your further acknowledge that at the time you agreed to create your account with Empire Marketing Solutions, a sales representative of Empire Marketing Solutions advised you that in the terms of this Agreement you expressly surrender and/or waive your right to dispute or “chargeback” any amounts charged to any credit card used to pay for services provided to you by Empire Marketing Solutions.
2.7 Account Changes.
2.7(a) Except as otherwise provided in subsection 2.7(a)(1) of this Agreement, changes to your account may only be made in writing, signed by you, the named account holder. Account changes do not become effective until they are physically received by Empire Marketing Solutions. Account change requests may be delivered to Empire Marketing Solutions by regular mail, electronic mail, or facsimile. All requests to cancel your account must be made in strict accordance with the terms and conditions set forth in subsection 2.5 of this Agreement.
2.7(a)(1) You may elect to change which services are used for your account(s) during any month that your account is active. You must email firstname.lastname@example.org to do so. Your request to change services may or may not be approved by a Manager of Empire Marketing Solutions.
2.7(b) Once the account charge has been incurred for any given month, changing the keywords for your account to keywords of less value will not result in a credit or reduction of charges during that month of service. You may be entitled to add additional keywords to your account to achieve the value incurred for that month. Any applicable reduction of charges that could result from removal of keywords or selecting keywords that are less expensive will only apply to future months of service. If no future months of service occur, you agree to surrender any remaining balance to Empire Marketing Solutions.
2.7(c) Should you elect to add keywords or select keywords that cost more than the value you have prepaid during the then-current month of service, you will incur those cost(s) during that month of service. You will continue to incur those additional costs until your account is modified in accordance with section 2.7(b) or section 2.5 herein. You hereby agree and consent to your payment account being charged immediately by Empire Marketing Solutions upon your request for additional keywords or services. These amounts will be added to the previously agreed upon monthly rate and payable in accordance with section 2.4 herein every month thereafter.
3. Your Account.
3.1 Authorization of Account.
3.1(a) For security and privacy, Empire Marketing Solutions does not share account information with any person other than the named account holder. Each account must be setup in the name of the credit cardholder from which payment is to be made. The cardholder may grant account access to other individuals by submitting a signed account authorization form. Only those individuals with the proper authorization level may make changes in accordance with their level of authority on the account.
3.2 Pausing Your Account.
3.2(a) Your account(s) may be paused for a time period of between 4 to 12 months – depending on the industry and account type. To pause an account, the request must be submitted via email to email@example.com at least seven (7) days prior notice to the monthly account renewing.3.2(b) The length of time that your account may be paused is at the sole discretion of Empire Marketing Solutions.
4. Delays and/or Downtime.
4.1 Services may be subject to limitations, delays and other problems which are inherent to the use of the internet and electronic communications (herein “Internet Downtime”). Furthermore, You hereby acknowledge and agree that services may be inaccessible for periods of time during which Empire Marketing Solutions performs maintenance, installation, update implementation, replacements, back-up, or modification (herein “Empire Marketing Solutions Downtime”).
4.2 By entering into this Agreement, and accepting services, you hereby waive any and all liability – including any cause of action against Empire Marketing Solutions – for any injuries sustained by you, known or unknown, resulting from Internet Downtime or Empire Marketing Solutions Downtime.
4.3 In the event of Empire Marketing Solutions Downtime, your account will be credited for the time period during which your advertisements did not appear. Any and all Empire Marketing Solutions Downtime shall be determined upon verification of the matter by Empire Marketing Solutions. The credit will be applied to the following month’s service fee. You shall not be entitled to a credit in the event of Internet Downtime.
4.4 For purposes of this Agreement, Empire Marketing Solutions Downtime does not include an occurrence of incorrect Ad Text, an incorrect Display URL, or both, provided the Ad Text and/or Display URL deliver the viewer to your site.
5. Account Evaluation.
5.1 Traffic Report.
5.1(a) You may request a web site traffic report at any time. In order to make a request for a traffic report, you must email firstname.lastname@example.org.
5.1(b) Traffic reports are processed in the order they are received which may take up to five (5) business days for the request to be processed.
5.2 Campaign Evaluation.
5.2(a) Following the initial 90 days of service, Empire Marketing Solutions will evaluate the performance of your advertising campaign.
5.2(b) During this evaluation, if your account has not performed to it’s expectation, a representative of Empire Marketing Solutions may provide you with feedback including suggested changes, necessary rate changes and/or potential additions to the account.
6.1 Choice of Law; Venue.
6.1(a) Empire Marketing Solutions is a Nevada limited liability company, whose principle place of business is located in Las Vegas, Nevada. The terms of this agreement are to be governed and construed in accordance with the laws of the state of Nevada, without regard to conflict-of-laws principles. Any action or proceeding seeking to enforce any provision of this Terms of Service agreement or based on any right arising out of this Terms of Service agreement must be brought in Clark County Circuit Court of the State of Nevada. By accepting SEP services provided by Empire Marketing Solutions, you hereby consent to the jurisdiction of the Nevada courts and of the appropriate appellate courts in any such action or proceeding and waive any objection to such venue.
6.2 Attorney Fees.
6.2(a) If any arbitration, suit, or action is instituted to interpret or enforce the provisions of this Terms of Service agreement, to rescind this Terms of Service agreement, or otherwise with respect to the subject matter of this Terms of Service agreement, the party prevailing on an issue will be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in the preparation, prosecution, or defense of such arbitration, suit, or action as determined by the arbitrator or trial court, and, if any appeal is taken from such decision, reasonable attorney fees as determined on appeal.
6.3 Time of the Essence.
6.3(a) Time is of the essence with respect to all dates and time periods set forth or referred to in this Terms of Service agreement.
6.4(a) Captions used in this Terms of Service agreement are provided for convenience only and will not affect the meaning or interpretation of any provision of this agreement. All words used in this agreement will be construed to be of such gender or number as the circumstances require. Whenever the words “include” or “including” are used in this agreement, they will be deemed to be followed by the words “without limitation.”
6.5(a) If any provision of this Terms of Service agreement is deemed to be invalid or unenforceable in any respect, for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Terms of Service agreement will not be impaired in any way.
6.6(a) This Terms of Service agreement and any rights, interests, or duties there under shall not be assignable by you to any third-party. Empire Marketing Solutions reserves the right to assign its rights, interests and duties under this agreement to any third-party, without your consent.
6.7 No Third-Party Beneficiaries.
6.7(a) Nothing in this Terms of Service agreement, express or implied, is intended or may be construed to confer on any person, other than the initial parties, any right, remedy, or claim under or with respect to these Terms of Service.
6.8(a) The Terms of Service may only be modified by Empire Marketing Solutions, in writing and by no other means. Your continued use of Empire Marketing Solutions’ SEP services following Empire Marketing Solutions’ amendments to these Terms of Service shall constitute binding acceptance of Empire Marketing Solutions’ amendment of this Terms of Service agreement.
6.9 Whole Agreement.
6.9(a) The foregoing are the Terms of Service for all services provided by Empire Marketing Solutions. By accepting the terms as set forth above, you have agreed to be bound by the Terms of Service contained herein. The terms contained herein constitute the entirety of the agreement between you, as the customer, and Empire Marketing Solutions.
If you have any questions or concerns regarding the Terms and Conditions, please contact us by calling (877)990-8090 anytime between 9:00 AM to 4:00 PM (PST), Monday through Friday or you may email email@example.com.