1. PartiesThese Terms and Conditions (“Agreement“) are entered into by and between Brilliant Ideas Consulting, Inc., a corporation incorporated under the laws of the State of California, registered at 2600 West Olive Avenue, Suite 500, Burbank, CA 91505, hereinafter referred to as the “Consultant,” and the Client, collectively referred to as the “Parties.” The Agreement comes into effect when the Client accepts these Terms and Conditions by checking the associated box upon checkout. By accepting these Terms and Conditions, the Client acknowledges that they have read, understood, and agreed to all terms and conditions outlined herein, and the Parties hereby commit to collaborate in achieving digital marketing success.
2. Starter Program Overview
2.1 Minimum Term. The Starter Program has a minimum term of six (6) months, during which the Client shall receive the services detailed below. Consultant is entitled to stop work immediately after any 30-day period that DVC produces double the lead flow for half the lead cost. Once DVC produces this result, the Starter Program terminates, and the Consultant has satisfied the guarantee as specified in Article 2.4. The Client can then at this point either continue or not with no further obligation. The $9,997 is deemed “earned” in any event.
2.2 Fee. The Client is required to pay the Consultant a one-time set-up fee of $9,997 (the “Fee”) upon entering into the Agreement.
2.3 Leads. A “lead” shall be defined as an individual who, in response to our efforts aimed at creating lead magnets and delivery systems, voluntarily expresses their interest and intent to receive further information by actively and unequivocally indicating their desire to do so, hereinafter referred to as “opting-in.” These are leads that on their base appear to be legitimate, with no verification of the accuracy of the provided name or phone number. A lead must be a bona fide opt-in lead on its face, and DVC shall not be responsible for verifying the lead beyond this initial opt-in indication.
2.4 Lead Generation Machine Offer
a. Performance Guarantee: The Consultant guarantees to build a customized lead generation machine for the Client’s business that will generate twice the number of leads at half the current cost, resulting in a fourfold increase in the Client’s Return on Investment (ROI).
b. Performance Evaluation Period: The performance of the lead generation machine shall be evaluated over a period of six (6) months from the date of its implementation.
c. Refund Guarantee: In the unlikely event that the Consultant fails to double the Client’s lead flow at half the cost over any 30-day period within the stipulated six-month period, the Consultant commits to refunding the Client’s entire Fee.
d. Calculating the Client’s existing number of monthly leads and cost per lead: Within 7-Days of Client signup, Client must provide DVC with lead generation reports over the last 3-months prior to the commencement of this Agreement that substantiate Client’s average monthly lead volume and cost per lead. If Client is unable to produce said documentation for whatever reason within said 7-Days, Client and DVC shall mutually agree in writing on the amount of monthly lead volume and lead cost that would satisfy the guarantee. If no agreement is reached by the end of 7-Day period, Consultant shall refund Client’s entire Fee regardless.
e. Conditions for Refund: The Client acknowledges that this refund guarantee is contingent upon the Client’s compliance and cooperation with the Consultant, including timely provision of required information and cooperation with the Consultant’s lead generation strategies. The refund is limited to the Fee.
f. Notice of Refund Request: To claim the refund, the Client must notify the Consultant in writing of the performance shortfall within seven (7) days following the completion of the 6-month evaluation period. The Consultant will then initiate the refund process promptly.
g. Sole Remedy: The refund specified in this clause shall be the sole and exclusive remedy available to the Client in the event of a performance shortfall. The Consultant shall not be liable for any other damages or losses incurred by the Client.
a. Payment Authorization. By executing this Agreement, the Client is authorizing the Consultant to automatically charge the credit/debit card provide by the Client. This applies to all fees listed and/or described in this Agreement.
b. Electronic Funds Transfer. The Client shall pay the Consultant, and authorizes Consultant to electronically deduct the Fee, using ELECTRONIC FUNDS TRANSFER (“EFT”) according to the terms of this Agreement. By executing this Agreement, you acknowledge your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for your review at Consultant’s website: digitalvisibilityconcepts.com.
c. Restrictions on Chargebacks. The Client acknowledges and agrees that chargebacks shall only be initiated under this Agreement in cases where the Consultant has materially breached its obligations as defined herein or in the event of fraudulent transactions. Chargebacks initiated without valid grounds or for reasons unrelated to a material breach shall be considered a breach of this Agreement by the Client.
d. Consequences of Unwarranted Chargebacks. In the event the Client initiates an unwarranted chargeback without valid grounds, the following consequences shall apply:
1. Immediate Suspension of Services. The Consultant reserves the right to immediately suspend all Services, until the chargeback dispute is resolved to the Consultant’s satisfaction.
2. Chargeback Costs. The Client shall be responsible for covering all costs incurred by the Consultant in association with the chargeback, including but not limited to administrative, legal, and banking fees.
3. Termination of Agreement. The Consultant may, at its sole discretion, terminate this Agreement if the Client initiates unwarranted chargebacks, with all outstanding fees and charges becoming immediately due and payable.
4. Confidentiality. Both Parties agree to keep all non-public information, including but not limited to business strategies, client lists, and trade secrets, confidential. This obligation of confidentiality shall continue even after the termination of this Agreement.
5. Non-Solicitation. During and for two (2) years after this Agreement, the Client shall not hire or engage in business with any of the Consultant’s employees and/or contractors with whom the Client has interacted with during this Agreement. Breach results in liquidated damages of $10,000 per occurrence.
6. Liability and Termination. In no event shall the Consultant be liable for any damages or losses incurred by the Client beyond the refund of the Fee, whether arising from breaches of this Agreement, negligence, or any other legal theory. The Client acknowledges and agrees that the Agreement cannot be terminated by the Client while the Starter Program is ongoing. In the event the Client prematurely terminates this Agreement before the completion of the Starter Program, the Client shall remain liable for the entire Fee as specified herein.
7.1 Entire Agreement. This Agreement constitutes the entire understanding between the Parties regarding the DVC Starter Program and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written.
7.2 Amendments. This Agreement may only be amended or modified in writing and signed by both Parties.
7.3 Severability. In the event that any of the provisions of this Agreement shall be held by a court to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect.
7.4 Applicable Law and Venue. The laws of the State of California shall govern the Agreement. The venue for any legal action to enforce the terms of The Agreement will be in Los Angeles County, California.
7.5 Dispute. Any dispute, controversy, or claim arising out of or relating to this Agreement, its interpretation, enforcement, breach, or validity, including claims for specific performance or injunctive relief, shall be submitted to JAMS for arbitration in accordance with its Comprehensive Arbitration Rules and Procedures, provided, however, that any Party may seek preliminary injunctive relief from a court of competent jurisdiction before the arbitration panel is appointed.
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