Permanent Jewelry/PMU Marketer Marketing Advertising Program Agreement


The Permanent Jewelry Marketer Advertising Program is operated by PMU Marketer LLC. (“PMU Marketer” or “Company”). This Advertising Agreement, together with the attached Terms and Disclosures, sets forth the agreement (“Agreement”) between you (hereinafter “Attendee”) and PMU Marketer. Attendee and PMU Marketer LLC may be referred to individually as a “Party” and together as the “Parties.” If you have any questions or concerns about this agreement, please contact: [email protected]


Services & Conduct


1.1 In order to get the most out of the Advertising Program, Clients should participate in The Advertising Accelerator Program, and any and all Coaching programs provided by PMU Marketer LLC when Applicable.


1.2 The Client and PMU Marketer both agree that building a business requires the effort from all parties, and the client agrees to not hold PMU Marketer LLC liable for any and all outcomes to the clients business.


1.3 The Client Authorizes PMU Marketer LLC to run advertisements on Platforms such as but not limited to (Facebook, Google, Instagram, TikTok) on the clients behalf utilizing either the clients advertising account on agreed upon platform or PMU Markets advertising account. (Please note: The agreed advertising platform that ads will be run on will be determined by the package the said client signs up for).


1.4 PMU marketer LLC may use the Clients images or likeness in any live or recorded video or photograph for promotional, advertising, educational and any other purpose it may serve.


PMU Marketer Client Management System


2.1 The client agrees that he or she has the authorization to upload their own contacts to the PMU Marketer Client Management System, and any and all contacts at time of upload are the sole property of said client.


2.2 Client understands that certain features of the Client management system utilize third party software such as but not limited to Twilio, or Mail gun, and softwares such as these come with a monthly service fee that is billed directly to the client, and that service fee is the responsibility of the client.


2.3 Client agrees to all adhere to all Rules and Regulations in regards to the National Do Not Call Registry (DNC), and all Rules and regulations in regards to the CANspam ACT.


2.4 As a new Client onboarding can sometimes feel overwhelming, and the client agrees to work diligently with the PMU Marketer onboarding team to complete this process in a timely manner. The client understands that the onboarding process for the Client Management System can take up to 14 Business Days.


2.5 In The event the Client wishes to terminate the Client Management system, PMU marketer LLC will download all client contacts to a spreadsheet and return this data to the client within 7 business days. Client understands that if the client terminates the Client management system, PMU Marketer LLC reserves the right to terminate client access after 72 hours of clients' written termination notice


2.6 Client understands that all Client conversations and messages will be lost once client terminates the client management system.


2.7 PMU Marketer LLC and Client agree that any data that is stored in the Client Management system is the sole ownership of the client until the date of termination.


2.8 Text & Data: By Signing up for the Beauty AI you agree to the following Text, Email, & Data Rates:*Phone System Charge - Making Calls = $.021/ Per Min - Receiving Calls = $0.0128 / Min - SMS/TXT Segments = $ 0.0119 SMS/ segment Example: $10 = 475 Outbound calls @ 1 Min $10 = 780 Received calls @ 1 Min $10 = 840 short text messages Email Cost: $0.002025/ email Example : $10 = $4940 emails Content AI: Cost : $0.495 / 1000 Words Example : $10 = 20,200 Words Please note text segments are text messages that typically contain more than 10 characters


Privacy & Ownership


3.1 Clients are aware of the fact that manuals, handouts, PowerPoint slides, photographs, etc, are the sole property of PMU Marketer LLC.

3.2 Clients are not permitted to copy, sell, publish, redistribute, reproduce, use for training or provide to a third party, in whole or in part, PMU Marketer LLC material


3.3 Any use of PMU Marketer LLC platforms, and intellectual property to include but not limited to PMU Marketer Client management systems, Facebook ad management platforms, and A.I Softwares, Ad creatives, Ad copyright, are the sole ownership of PMU Marketer LLC and cannot be used by client after termination of this agreement.

3.4 PMU Marketer LLC reserves the right to cancel this agreement and usage of platforms and services at any time


Limitation of Liability


4.1 Client shall indemnify, protect, defend and hold harmless PMU Marketer LLC, and its agents and/or partners, employees, directors, officers, and shareholders from and against any and all claims, damages, liens, judgments, penalties, attorney and consultant fees, expenses and/or liabilities arising out of, involving, or in connection with, Clients participation in this program. This responsibility to indemnify, protect, defend and hold Document Ref: EKOZ9-VYAPS-KSW6Y-CRSLZ Page 2 of 5 harmless from and against any and all claims includes those claims which may arise from the sole or comparative negligence or fault of PMU Marketer LLC, its agents and/or partners, employees, directors, officers, and shareholders.


4.2 PMU Marketer, LLC and Facebook are in no way affiliated with one another thus PMU Marketer, LLC has no control of Facebook's Ad Guidelines, Rules, or decisions. From time to time Facebook does conduct random quality control measures of Facebook Business Pages and AD Accounts and in the event your Facebook Page or Ad account is to be suspended or reviewed by Facebook/ Facebook.com, PMU Marketer, LLC will hold no liability for the decisions of Facebook Ad account and Page suspensions, but will assist you in appealing such suspensions or provide you with multiple other avenues of marketing your business.


General


5.1 This Agreement, together with any other documents incorporated by reference, constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained.

5.2 This Agreement and all related documents and all matters arising out of or relating to this Agreement and the services provided hereunder, whether sounding in contract, tort, or statute are governed by and construed in accordance with the laws of the State of Alaska, without giving effect to any conflict of laws principles that would cause the laws of any other jurisdiction to apply.


5.3 No terms in this Agreement may be amended or waived unless agreed to in writing by PMU Marketer LLC

5.4 PMU Marketer LLC has the right to refuse training or admission to the program to anyone. In the event that PMU Marketer LLC refuses training or admission to the program, PMU Marketer will refund payments made.

5.5 PERSONAL RESPONSIBILITY. By using our service, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on our training platforms and or coaching sessions along with our advertising services or the resources available for download from the PMU Marketer website/Facebook Group or page, Beauty Masterclass Monthly website/Facebook Group or page, or PMU Marketer Client Management system website/Facebook Group or page to which you are directed. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended


5.6 You agree that PMU Marketer has not made any guarantees about the results of taking any action, whether recommended on Company’s Website, training or coaching sessions / workshops or advertising services. You recognize that your ultimate success or failure will be the result of your own efforts, and willingness to succeed.

5.7 You also recognize that prior results do not guarantee a similar outcome. Results vary from client to client and results pertaining to our social media advertising such as but not limited to Facebook advertising, Tiktok advertising, Google advertising, Instagram advertising, are not guaranteed.


5.8 NO ENDORSEMENTS. From time to time, the Company will refer to other products, services, training, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users.

5.9 If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.


5.10 The terms of this Agreement are contractual and are the result of arm’s length negotiations among the Parties. Each Party has cooperated in the drafting and preparation of this Agreement. Hence, each Party shall be deemed the author of this Agreement. As such, any dispute as to the construction or interpretation of any of the words or terms of this contract shall not be construed against any Party (or either Party), and the well-accepted rule and canon of contract law holding generally that “any ambiguity will be construed against the drafter of the agreement” shall not and cannot apply herein. Moreover, since each party is deemed to be the author of this Agreement, this Agreement shall not be construed for or against either party by reason of that authorship or alleged authorship of any provision herein.

5.11 This Agreement may be executed by electronic or facsimile signature, each of which shall be deemed an original.


5.12 PMU Marketer does not Guarantee any of its services or the outcomes of any service provided by PMU Marketer LLC.

5.13 Onboarding: Whether you are on a subscription based plan or a Month to month plan your plan start date will begin 72 hours post signing of this contract unless otherwise agreed to by PMU Marketer LLC.


Advertisements & Cancellations


6.1 All advertisements are to be approved by client, and client takes sole ownership and liability for any claims made directly or indirectly in advertisements published by PMU Marketer LLC, and contractors.

6.2 Client agrees that all advertisements approved by said client comply with all national, state and local regulations. Any advertisements that are found not in compliance with national, state or local laws, are the sole responsibility of said client, and client agrees to hold PMU Marketer LLC, its associates, contractors, directors, and employees harmless from any legal or financial responsibility.

6.3 To cancel ANY service you must notify PMU Marketer of cancellation at least 14 days before your renewal date or you will be charged again for another month. Please note on all packages there is a no refund policy. If the client elects to discontinue the service prior to the renewal date the client will be able to be transferred to a different package that is of equal or lesser value, or will receive a credit on their account at PMU Marketer.

6.4 Notification of cancellation must either be through the PMU Marketer Client Support page or to [email protected].

6.5 Ad spend is separate from the advertising management fee and will be paid directly to the clients desired social media platform. Failure to make payment to desired social media platforms does not constitute cancellation of PMU Marker LLC services.

6.6 PMU Marketer LLC, is in no way affiliated with any social media platforms such as but not limited to Facebook, Meta, Instagram, Bing, TikTok, Google.

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Terms, Conditions & Disclaimers