‪(502) 882-0264

Terms of Agreement



Working Agreement and Contract for Services

 

By clicking "Sign Up" you agree to Bronc Marketing's Tems and Conditions. A physical copy can be given through a request in writing or through email to sales@broncmarketing.com. Clicking "Sign Up" you acknowledge that you read the Bronc's Marketing's Terms and Conditions.

 

Working Agreement and Contract for Services Bronc Marketing, LLC will make every effort to create innovative online marketing communications for your business (the “Client”). This Agreement outlines the terms of our working relationship:

 

1. The Client must be either a person or a corporation, partnership, limited liability company or other formal legal entity existing under the laws of the Client's local jurisdiction and enter into this agreement in that capacity. If the Client is an individual, the Client must be over the age of 18 by the date that the terms are agreed upon stated herein.


1b. Authorization: The Client hereby engages Bronc Marketing, LLC, located in Radcliff, KY, as an independent contractor for online marketing and social media services. Bronc Markting, LLC authorizes the Cleint to use Bronc Marketing, LLC's software and control panel tools to  to promote the Client’s business online in Facebook, Twitter, and other social media outlets (the “Work”).


The Client hereby authorizes Bronc Marketing, LLC, under the "Dedicated Expert" (ie Expert Premier plan, Social Expert plan, and Dedicated Expert. From here on out "Dedicated Expert," "Dedicated Expert" plan, and "Dedicated Expert" option will mean Expert Premier plan, Social Expert plan, and Dedicated Expert) to promote the Client’s business online in Facebook, Twitter, and other social media outlets (the “Work”). The Client represents and warrants to Bronc Marketing that Client owns or has license to use in the manner contemplated by this Agreement all copyrights, trademarks, trade dress, service marks, brand names or other intellectual or artistic property associated with the Content.


2. Assignment Of Work: Bronc Marketing, LLC reserves the right to assign the Work to other designers or subcontractors from time to time in its sole discretion to ensure quality and on-time completion of services. Bronc Marketing, LLC will make every effort to meet agreed upon due dates, provided, however, the Client’s failure to submit required information or materials may cause delays in site updates and/or advertising campaigns.


2.2 The Client understands Bronc Marketing, LLC offers three different plans: Dedicated Expert, Self-Service, and Reputation.


2.3 The Client agrees that failing to select the "Dedicated Expert" function will mean that Bronc Marketing, LCC will not promote or update content for the Client’s business online in Facebook, Twitter, and other social media outlets (the “Work”) or handle the Client's social media business. "Dedicated Expert" function is a plan where Bronc Marketing, LLC will promote or update content on the Client's behalf. A member of Bronc Marketing, LLC will NOT promote, update content, research, create images, create deals, create a social media plan, or hangle any other social media posting (e.g. Fonts, Messengers, Proofs, Props, Shipping, Software, Stock photography, Travel, Telephone) on the client's behalf if "Dedicated Expert" has not been selected or paid for.


As described in paragraph 6, under the "Dedicated Expert," Bronc Marketing, LLC will provide content update on regular intervals. Under the "Dedicated Expert," the Client agrees to supply direction and topics for content posts. If the Client does not provide direction, under the "Dedicated Expert" content will be updated at Bronc Marketing, LLC's discretion. 


Under "Dedicated Expert," Bronc Marketing only agrees to update content. This means Bronc Marketing will post, tweet, or other like action on the Client's social media page. The Client agrees that, under "Dedicated Expert," Bronc Marketing, LLC will not interact, reply, respond, like, or any other action a third party's post, tweet, page, or other like action. Update content, content update, and promoting means only posting, tweeting, or like action on the Client's social page. Updating content and promoting does not include interacting, replying, responding, or liking a third party. 


2.4 Self-Service and Reputation is an agreement plan to use Bronc Marketing, LLC's software and website only.


Under Self-Service, a member from Bronc Marketing, LLC will not provide content update or promote the Client’s business online in Facebook, Twitter, and other social media outlets (the “Work”). The Client will use the software to update content themselves.


Under Reputation, a member from Bronc Marketing, LLC will not do the following on the Client's behalf: manage online reviews, mobile app reviews, real-time review alert, generate positive reviews, promote positive reviews, email review requests,, manage online profiles, and spy on competitors. Depending what reputation plan was purchased, the Client will use the software to run the reputation function themselves. This applies even if "Dedicated Expert" has been selected and paid for. The Expert Premier plan only applies to updating social media content. The Client agrees that the Reputation plan is included in the Expert Premier plan, but manage online reviews, mobile app reviews, real-time review alert, generate positive reviews, promote positive reviews, email review requests, manage online profiles, and spy on competitors are services done by the Client. Bronc Marketing, LLC does provide a member to handle or work on behalf of any services in the Reputation plan.


The Client understands that Self-Service and Reputation plans are a service plan for a right to use Bronc Marketing, LLC's software. The Client agrees that Self-Service and Reputation plans allow the Client to use Bronc Marketings, LLC's software to allow the Client to promote their business online in Facebook, Twitter, and other social media outlets (the “Work”) or check the Client's reputation. Under the Self-Service and Reputation the client is solely responsible updating content, promoting social media business, and checking the Client's reputation.


3. Grant Of Rights: Upon receipt of full payment, Bronc Marketing, LLC grants to the Client rights of ownership in the finished Work (the Content on site in published form) and all additional materials paid for by Client.


4. Reservation Of Rights: All rights not expressly granted hereunder are reserved to Bronc Marketing, LLC, including but not limited to all rights in creative advertising copy, ideas and suggestions for contests, keywords and other items used to stimulate interest in Client’s business or the Content. If such ideas are presented, and not implemented (or not paid for) by Client then they shall be the confidential property of Bronc Marketing, LLC.


5. Release And Indemnity The Client hereby releases, indemnifies and holds harmless Bronc Marketing, LLC against any and all claims, damages, liabilities, complaints, promises (express or implied), lost profits, breach of contract, tort, or violation of copyright, trademark, trade dress, service mark, brand names or other rights to intellectual or artistic property associated with the Content, this Agreement or the parties’ relationship.


5.2 Use of Service. The Client agrees to fully defend and indemnify and hold harmless Bronc Marketing, LLC of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of or in any way in relation to the Client's marketing to, resale to or support of the Client's customers with respect to the Bronc Marketing, LLC Programs any breach or claim of breach of this agreement or the Client's negligence whether active or passive or any negligence of Bronc Marketing, LLC in any way related to the Client's use of the Bronc Marketing, LLC Programs or any other aspect thereof.


5.3 Copyright. The Client agree to fully defend and indemnify and hold harmless Bronc Marketing, LLC of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically  including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to the Client's use of the Bronc Marketing, LLC Programs or any other aspect thereof.  Choice of counsel remains exclusively that of Bronc Marketing, LLC.


5.4 Password. The Client agree to fully defend and indemnify and hold harmless Bronc Marketing, LLC of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of or in any way in relation to the disclosure of the Client's confidential User ID and Password  information. Choice of counsel remains exclusively that of Bronc Marketing, LLC. 


6. Standard Web Site Monthly Services: The Client agrees to supply direction and topics for content posts. It is understood, however, that Bronc Marketing, LLC will take responsibility to write a content update, if paid for "Dedicated Expert," to occur at regular intervals, whether or not any direction is provided by the Client. 

 

7. Payment. The Client shall pay Bronc Marketing, LLC the price and plan picked by the Client. Upon acceptance of this agreement and entering in the credit card information, the Client authorize Bronc Marketing, LLC to charge the Client's credit card in accordance with the selected price and plan.


Bronc Marketing, LLC accepts payment by Credit Card (Visa, MasterCard, Discover, AMEX) through Stripe.com. The Client agrees to pay by Credit Card only.


Bronc Marketing reserves the right to make a refund of any fee paid at any time without waiving its right not to issue such refund at any time. Such right shall be exercised by Bronc Marketing, LLC and within its sole discretion.


8. Maintenance Fees: Monthly fees include the appropriate amount of time necessary to manage Content updates on a regular, consistent basis and includes up to 2 hours discussion time (phone, online or e-mail) per month. Additional research requested, client consultation, or client meetings will be billed on a monthly basis at a pre-agreed amount per hour in addition to the payments required by Section 7 of this Agreement. These fees will be added as necessary to the monthly bill. Payments are due no later than 15 days after receipt of invoice.


9. Termination: This Working Agreement and Contract for Services is terminable at will by either party on 30 days written notice. In the event of termination, Bronc Marketing, LLC shall have the right to bill pro rata for Work completed through the date of written notice of termination.


The Client may terminate, by providing a 30 days notice, the Working Agreement and Contract for Services through email. In order to terminate through email, the Client must send an email to sales@broncmarketing with the subject line "Notice of Termination". Within 24 hours of sending the email, the Client must call Bronc Marketing, LLC at 502-882-0264 to confirm the email was sent and received. After recieving the email and phone call the 30 day notice clock will start and Bronc Marketing, LLC will be on notice of the termination. In the event of termination, Bronc Marketing, LLC shall have the right to bill pro rata for Work completed through the date of written notice of termination.


10. Expenses: Client agrees to reimburse Bronc Marketing, LLC for any expenses reasonably necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone).

 

11. Arbitration: Any disputes arising out of or relating to this Agreement, the Content or the relationship between or among the Parties, shall be submitted to binding arbitration pursuant to the CPR Rules For Non-Administered Arbitration. The Arbitrator’s award shall be final and binding, and judgment may be entered thereon in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney fees and legal interest on any award or judgment in favor of Bronc Marketing, LLC.

 

12. Severability: If any provision of this Working Agreement and Contract for Services shall be held unlawful, void, or for any reason unenforceable, then that provision shall be severable from the remainder of this Working Agreement and Contract for Services and shall not affect the validity and enforceability of the remaining provisions. Bronc Marketing, LLC and Client agree to the terms of this Working Agreement and Contract for Services. The Parties represent and warrant that they have authority to execute this Working Agreement and Contract for Services.


13. Privacy. By using Bronc Marketing, LLC's site, the Client consent to our privacy policy. Full terms of the privacy can be found at https://broncmarketing.com/privacy.


The Client agrees to keep and hold any customer information including credit cards, name, address, and telephone numbers secure and make no use of such information that is inconsistent with the Bronc Marketing, LLC's Privacy Policy. The Client agrees to comply with all standards in the industry, laws and regulations related to Privacy and the protection of personal information as may be applicable.


14. The Client's Rights and Obligations. The Client will at all times maintain the confidentiality of the Client's username and password and agree not to disclose this information to any third party. The Client will assume all responsibility for any actions taken by any person via the use of the Client's username and password combination. As to the Client's control panels, the Client will be solely responsible for all account services including but not limited to account maintenance, account management, customer support, billing, administration and upkeep.


The Client agrees at all times to comply with all International, Federal, State and local laws including those related to content, copyright, and trademark.


All customer issues will be the Client's responsibility and the Client's customers will be referred to the Client for assistance if they should contact Bronc Markering, LLC. The Client shall take no action which would cast in a bad light or otherwise harm the Bronc Marketing, LLC's name, brand, servers, equipment or reputation.


The Client shall maintain at all times accurate customer information including name, mailing address, telephone number
and email address in a format that complies with the Client's state laws. The Client shall maintain the Client's customer information in a manner that is consistent with industry standards and which allows the Client to comply immediately with any such request for information. Bronc Marketing, LLC cannot be held liable for the client misusing customer information.


The Client agrees to be legally bind by these  terms to allow for the disclosure of the Client's personal account information upon receipt of a court order or otherwise as is reasonable. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Bronc Marketing, LLC and may include but shall not be limited to (1) compliance with court order or subpoena of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Bronc Marketing, LLC Terms of Service or other policies.


The Client agrees to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of Bronc Marketing, LLC; and (ii) not use or disclose any of the "Confidential  Information" for any purpose at any time, other than pursuant to the Client's rights under this agreement for the purpose  intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.


The Client agrees to comply with all International, Federal, State and local laws including those related to content, copyright, and trademark including but not limited to the DMCA.


The Client further agrees not to provide access to the Bronc Marketing, LLC services to any third party. Giving access to a third party will suspend services or terminate the agreement.


The Client agree that the Client will not assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of Bronc Marketing, LLC Programs or other services. 


15. Bronc Marketing, LLC Rights and Obligations. Upon acceptance as a of this agreement and payment, Bronc Marketing, LLC will provide the following.


Bronc Marketing, LLC will provide the software and access to the control panel.  Bron Marketing, LLC will not provide any other services to the Client's customers including but not limited to any of the following: customer service, account management, customer support, billing, administration or upkeep.


Except as otherwise provided herein Bronc Marketing, LLC will have no relationship with the Client's customers or potential customers directly. All customer issues will be the Client's responsibility and the Client's customers will be referred to the Client's for assistance if they should contact Bronc Marketing,  LLC.


Bronc Marketing, LLC will not respond, reply, like, or any other action directly dealing with any third party, customer, or potential customer's post, page, or anything similar to post or pages.


16. Terms of Agreement. This agreement is effective after the product has been selected and paid for. This agreement is automatically renewed every month for an indefinite number of month to month terms unless cancelled at the option of either party. If the Client signs a one year contract, this agreement is automatically renewed an indefinite number of one-year terms unless cancelled at the option of either party.


18. Suspension and Termination. 1 Suspension. At the sole option of Bronc Marketing, LLC in the event that the Client breach any term of this agreement, Bronc Marketing, LLC may suspend the Client's account by deactivating any access to the server, software, or portal. In the event of any such suspension the Client will be notified and given an opportunity to correct any such breach. In the event that such breach is not corrected within ten (10) days the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. The Client will remain responsible for the payment of any such charges during any such period of suspension.


18.2 Termination. This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of Client's information from the Bronc Marketing, LLC's servers. Such information or data may or may not be made available to the Client by Bronc Marketing, LLC after any such termination. This agreement may be terminated (a) at Bronc Marketing sole discretion after a period of suspension as set forth in paragraph 15 or (b) by either party upon 15 days notice.


17. Warranties and Liabilities. BRONC MARKETING, LLC IS PROVIDING SERVICES THE CLIENT ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.


In general, Bronc Marketing, LLC has no control over information contained on the Internet. Information obtained by the client from the Internet may be inaccurate, offensive or in some cases even illegal. Bronc Marketing, LLC accepts no responsibility for any information which the client receive from the Internet. The Client accept full responsibility to verify the truth and accuracy, legality and ownership of the information that the client obtain from the Internet as well as the reputation of the individuals with whom the Client may deal. Bronc Marketing, LLC provides no warranty for any goods or services which the Client obtain over the Internet nor the compatibility of any such services with the Bronc Marketing, LLC system.


The Client specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.