Last updated on: April 1, 2025
By accepting marketing services (“Marketing Services”) of Mainstreet Marketing or its subsidiaries, parent companies or affiliates, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://mainstreet-marketing.com/terms/. Mainstreet Marketing reserves the right to update and change the Terms of Service by posting updates and changes to the Mainstreet Marketing website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with, and accept all of the terms and conditions contained in this Terms of Service agreement before you may become a client or customer of Mainstreet Marketing (“Client(s)”).
Please read the “Terms of Service” for the complete picture of your legal requirements. By using Mainstreet Marketing or any Services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use a Service.
To access and use the Services, you must agree to become a Client and therefore maintain a Mainstreet Marketing Client account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required.
The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service. If you are signing up for the Service on behalf of your employer or a business entity you own, your employer or the business entity shall be the Account Owner. You represent and warrant that you have the authority to bind the Account Owner to our Terms of Service.
You acknowledge that Mainstreet Marketing will use the email address you provide as the primary method for communication.
You are responsible for keeping any/all related passwords secure. Mainstreet Marketing cannot and will not be liable for any loss or damage from your failure to maintain the security of your Website and/or Marketing Services.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
The specific Services, schedule and pricing will be confirmed between the parties in a written scope of work before Services begin.
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Mainstreet Marketing, may result in an immediate termination of your Services.
2. Services
The Parties will perform the services (“Services”) listed in this Section 1. The Parties acknowledge that their obligations to perform the Services serve as good and valuable consideration for this Agreement.
Mainstreet Marketing will:
- Invest the necessary resources and engage in best efforts to advertise, market, promote, demonstrate, offer to sell, and sell the Client’s goods and/or services to Customers in the Territory, via Marketer’s business contacts, using only marketing, advertising, and promotional material provided by or previously approved by the Client in writing.
- Marketer will provide Client with (or provide access to) a monthly report of data that will let the Client determine the value (traffic, leads generated, sales completed, etc.) derived from the Marketer’s activities described in this Agreement.
Client will:
- Protect the Marketer’s confidential and proprietary information and intellectual property, including but not limited to its trade secrets, copyrights, trade names, service marks, and trademarks with the same level of protection it employs for its own confidential and proprietary information and intellectual property, and notify Marketer if it becomes aware of any unauthorized use of any of the above mentioned.
- Prepare and distribute to Marketer access to website, product marketing, advertising, and/or promotional material, contracts and other documents in an accessible digital format; and at its discretion, additional of such material in a physical medium.
3. Fees
As a Client of Mainstreet Marketing, you agree to pay the fees applicable to your project and ongoing Services and any other applicable fees, including but not limited to fees relating to the design, development, and maintenance of your website, including any/all required third-party license fees (“License Fees”) to keep website in good working order (collectively, the “Fees”). You also agree to specific payment terms outlined in specific scopes of work outlined by Mainstreet Marketing.
You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Mainstreet Marketing will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Mainstreet Marketing will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
As a Client of Mainstreet Marketing, you agree to Mainstreet Marketing’s strict no-refund policy. At no time is Mainstreet Marketing liable to refund Fees for any service.
4. Expenses and Payment
a. Expenses
We may incur expenses that aren’t included as a part of the fee for our Services. We will get Your written approval before making the purchase and keep an accurate record of the expenses we incur in performing the Services. We will send you an invoice for the expenses along with proof and receipts.
b. Payment:
Payment Schedule: Payments will be made on the anniversary date each month. Should a payment not be received, additional work tasks will not be performed until payment has been received.
Payment Method: Client will provide a credit card to charge each month on the anniversary date for the agreed-upon fees and expenses.
Payment Obligation: Client understands that this contract is on a month to month basis and that this contract obligates the client to provide payment for all services rendered by Mainstreet Marketing. The client agrees that the payment for services can’t be re-tracked or refunded once the services have been provided by Mainstreet Marketing.
5. Term and Termination
This agreement is on a month to month basis. This agreement will remain in effect until terminated by either Party in writing. If either Party wishes to cancel, they must supply a 10-day written notice of cancelation.
If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a 10-day written notice to the breaching Party.
This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been received.
6. On-going Strategy & Results
Your Marketing Manager will provide a monthly marketing plan outlining the tasks for the upcoming months based on the performance of the previous month’s work, current trends and insights as well as future goals. The monthly fees will remain the same but will allow Marketer the flexibility to adjust the strategy of the campaign to meet your objectives. Client accepts that given the dynamic nature of all search engines, the Internet and competing entities, that it is not possible for Marketer to guarantee specific results
7. Mutual Confidentiality
Neither Party shall disclose the other Party’s Confidential Information to any person other than its employees, officers, directors, affiliates, agents and representatives who are bound by obligations of confidentiality and who have a need to know such information in order to perform their obligations.. Each Party may only use the other Party’s Confidential Information as permitted to perform its respective obligations under this Agreement. “Confidential Information” means any information disclosed by a Party to the other Party that is reasonably expected to be treated in a confidential manner under the circumstances of disclosure under this Agreement or by the nature of the information itself.
This Section 6 will survive the termination or expiration of this Agreement.
8. Relationship of the Parties
No Exclusivity: The Parties understand that this Agreement is not an exclusive arrangement. The Parties agree that they are free to enter into other similar agreements with other parties.
Independent Contractors. The Parties to this Agreement are independent contractors which means this is a “no strings attached” business relationship. Neither Party is an agent, representative, partner, or employee of the other Party.
9. Licenses
Your stuff will always be your stuff. Your pre-existing trademarks and copyright material (like logos and service marks) (“Marks”) will remain your property and you will be the sole owner of all rights in connection to it. You grant us a nonexclusive, nontransferable license to use, reproduce, and modify the Marks as needed to effectively carry out the Services we are providing. We agree to stop using the Marks immediately upon your request. When this Agreement is terminated, our license to use the Marks will also terminate.
10. Limitation of Liability
Your liability to us is only for the costs payable under this Agreement. You will not be liable to us or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, punitive, exemplary, or special damages. Neither Party will be liable for lost profits or lost business opportunities upon breach of this Agreement.
11. Waiver
Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing by the Parties. If any provision, right, or obligation is waived, it’s only waived to the extent agreed to in writing.
12. Amendments
This Agreement may be modified as needed. To make a modification, the Parties have to agree to the modification in writing in the form of an amendment. The terms of this Agreement will apply to any amendment made unless otherwise stated in the amendment.
13. Dispute Resolution
Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
Mediation/Arbitration: Either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
Litigation: We hate fights, but if litigation is necessary this Agreement will be interpreted based on the laws of the State of New Jersey, regardless of any conflict of law issues that may arises. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the State of New Jersey.
14. Complete Contract
This Agreement puts the Parties entire understanding of the Services to be performed. This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
15. Severability
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
16. Notices
All notices under this Agreement must be sent by email with return confirmation of receipt.