Email Marketing

Stay in touch. Stay in business.

Email marketing is a way to reach consumers directly via electronic mail. Unlike spam, direct email marketing reaches those interested in your business’ area of expertise. The information is sent out more like a laser-guided missile than a bomb: No matter what you’re selling, it is a way to reach thousands of potential customers directly at a relatively low cost when compared to advertising or other forms of media exposure.

Unlike spam, direct email marketing reaches those interested in your area of expertise. The information is sent out more like a laser-guided missile than a bomb: No matter what you’re selling, it is a way to reach thousands of potential customers directly at a relatively low cost when compared to advertising or other forms of media exposure. It brings your business’ message through an attractive mix of graphics, text and links directly to people who may have never heard of your business or considered your products, but are knowledgeable and interested in your business’ area of expertise.

It brings your business, and its message, directly to your audience. Through an attractive mix of graphics, text and links, people who are knowledgeable and interested in your product or service can receive tailored messages specific to them.

Suddenly, sending them a personal birthday message with a special offer isn’t time-consuming or out of the question; the automation available to businesses makes this pipe dream a reality. This increases the lifetime value of your customer and keeps them coming back for more.

Learn more with our video below. And if you’re ready to start reaching your customers in new and innovative ways, fill out our form to the right to get started. We would love to hear from you.

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Definet Contact Service Agreement - Email + Local Listings (Silver Package)


Agreement to Perform Web Design and Internet Marketing Services for  

Date: 

Services Performed By:    DefiNet Contact LLC

2200 21st Ave S. Suite 220

Nashville TN 37212

615-915-4460

Services Performed For:  –   

This Agreement is a Master Agreement between  –   (“Client”) and Definet Contact (“Contractor”), effective  (the “Agreement”). This Agreement is subject to the terms and conditions contained in this Agreement between the parties and is made a part thereof.  Client hereby retains the services of Contractor to design, develop and host a Website (collectively the “Website”) for client.  The goal of this website is to provide client with an online presence and to provide current and prospective customers vital information about client’s business operations.

Credit Card Authorization

Customer Name: 

Monthly amount to be charged to your credit card: 

Next monthly payment will be charged to the card 30 days from date of this agreement.

Being the cardholder or Corporate Officer or Company Owner, by signing below I understand and agree to the terms set forth in this agreement, agrees to pay, and specifically authorize Definet Contact, LLC to charge my credit card, for the services provided. I further agree that in the event my credit card becomes invalid, I will provide Definet Contact with a new valid credit card upon request, to be charged for the payment of any outstanding balances owed to Definet Contact LLC.

Package/Services Purchased:     

Amount Charged Today:    

Set up Amount:    

Monthly Amount:    

Billing Notes:   

1. Scope of Work

A. Local Listings – Contractor will submit business name, address, phone number, website url and any pictures provided by client into the following directories:

  • Foursquare
  • Superpages
  • Infogroup
  • Localeze
  • Factual
  • Citysearch
  • Insiderpages
  • Best of the Web
  • Bing
  • Acxiom
  • Yellow Pages
  • Hotfrog
  • Yelp

    Creation and/or update of information and Optimization on your Google My Business Page.

    Creation and/or update of information and Optimization on your Facebook Business Page.

B. Email Marketing – Contractor will create 2 auto responder templates inside the DefiNet Contact email platform. Client agrees to work with the Definet Contact marketing team on the actual wording (textual) content of messages and or/images.  Definet Contact will create a username and password for access to the Definet Contact email marketing platform on a custom URL. Quarterly email blast will only be done if requested by client. Quarterly email blast messaging and graphic content must be provided by client no less that 14 days before scheduled email. Use of the DefiNet Contact mail platform are subject to the limitations outlined in section 2 (“Deliverables”). Any overages will be charged at a rate of 0.007 cents per additional contact and 0.1 cents per email sent over specified limits.

Definet Contact email marketing platform consists of the following:

  • Access to DefiNet Contact email platform

  • Store Up to 5000 contacts

  • Send up to 10,000 emails per month

  • Expert copy writing support

  • Customer “Thank You” auto responder template

  • “New lead” auto responder template

  • Quarterly email blast

  • Customer support and training

 2. Deliverables

 1 local listings package

1 Email Marketing Platform

  

2a. Optional Deliverables

  • Optional logo design service purchased?    
  • Monthly SEO Services?   

2b. Whats NOT included

Email accounts. We recommend using Google Apps for Work, which is available for $5 per month per user. If you already have Google Apps for work, or intend to start using it, We can help you get it set up with your domain.

3. Client Responsibility

Client shall use all reasonable efforts to provide needed information, materials and approvals. Client will supply DefiNet Contact LLC with all text, documents, social links, website links and other necessary materials, if applicable to the project. Client will be sent a questionnaire via client provided email address requesting any and all information in regards to client’s project. Client agrees to perform all tasks and/or answer questions assigned to client as set forth in this Agreement, and to provide all assistance and cooperation to contractor in order to complete the Web Site and other project milestones in a timely and efficient manner.

3a. Copyright Considerations –  Client affirms that they are the full copyright owner of such materials, or that he has obtained proper permission from the copyright owner(s) for use of such materials. Client will indemnify Contractor and hold Contractor harmless against any claims of libel, copyright, or trademark infringement brought against Contractor with respect to use of those materials.

3b. Delays – Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Contractor cannot be held in breach of this Agreement if such delay is caused by an action or failure of action of the client. In such case, the Contractor will provide the Client with written notice of the delay and work on the Website shall not continue until the reason for the delay has been resolved by the Client and written notice of that resolution has been provided to the Contractor. Failure to supply the contractor reason for delay and/or client is unresponsive within 2 weeks of written notice, the entire amount of the agreement term becomes due and payable. Failure to provide complete text, client questionnaire, and/or graphics content,which may include login information for social sites and/or other 3rd party directories and/or website host for all contracted web pages within 30 days of the agreement will result in forfeiture of any any and all monies and/or guarantees including the initial setup fee, and the entire amount of this agreement term becomes due and payable.

3c. Approvals – Client agrees to respond to all contractor and it’s project managers request for website changes and/or approval of website. Failure to respond to any and all requests of contractor are subject to section 3b. (“delays”)

4. Term and Termination

4a. Term – This Agreement is effective as of the date you sign this agreement and shall remain in full force and effect until terminated by either party in accordance in this section.

Original agreement is for  days

Next monthly payment will be charged to the card 30 days from date of this agreement.

Ongoing service is on a month-to-month basis once the original agreement has been fulfilled. Term of the agreement is days then automatically converts to month to month. Once original agreement has been fulfilled cancellation requires 30 day written notice. 

4b. Survival – Upon any termination or expiration of this Agreement, Customer will pay DefiNet Contact any fees due and payable prior to the effective date of such expiration or termination. The following provisions shall survive any termination of this Agreement: Section 7e (“License to Customer Content”), this Section 4b (“Survival”), Section 8 (“Disclaimer and Limitation of Liability”), Section 9 (“Indemnification”), Section 10 (“Representations and Warranties”), Section 11 (“Special Terms for DefiNet Contact Local Listings Product”) (to the extent applicable) and Section 12 (“General Provisions”).

5. General Terms

5a. Product Subscriptions – DefiNet Contact offers its customers a subscription that includes various online products (each, a “Product”). Certain Products may involve distribution of Customer Content (as defined in Sections 1 and 2) and/or other interactions with third parties (the “Partners”) that own or operate online business directories, search web sites, social media web sites, mobile apps or other online properties (the “Partner Sites”). Customer acknowledges and agrees that (i) all content submitted for any Product shall be subject to the Partners’ character limits, quality standards and other applicable content policies, and that any such content may be rejected, in whole or in part, by a Partner at any time in its sole discretion, or modified by DefiNet Contact or the Partner at any time to comply with such policies, (ii) DefiNet Contact does not guarantee that any content will be displayed on any Partner Site, and (iii) the appearance and/or location of any content placement may change at any time, and (iv) DefiNet Contact does not guarantee any specific number or amount of leads to be generated via Google Adwords or any other paid advertising platform. DefiNet Contact LLC is not responsible for accuracy of information provided by the customer. DefiNet Contact LLC does not guarantee the appearance on the ad outside the country of the advertised geographical location, due to language and regional settings. DefiNet Contact LLC does not guarantee specific position(s) of the Customer’s website in the search engines, but doing all reasonable and legitimate effort to move Customer’s Local Business Listing and website to the highest position possible in the Search Engine Results. DefiNet Contact LLC does not guarantee appearance of the ad, if URL supplied by customer is not in working condition, as it will be automatically filtered out by the search engine. Contractor is providing services “AS IS”, and disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.  DefiNet Contact SHALL HAVE NO LIABILITY FOR THE AVAILABILITY OF OR ANY CHANGE IN THE PARTNER SITES, FOR ANY DECISION BY A PARTNER TO REJECT OR MODIFY ANY CONTENT SUBMITTED BY CUSTOMER, OR FOR ANY OTHER DECISION, CHANGE OR OTHER ACTION DESCRIBED IN CLAUSES (i), (ii), (iii) OR (iv) OF THE PRECEDING SENTENCE.

5b. Implementation at Customer’s Request – DefiNet Contact may from time to time, at the request of the Customer, assist Customer with the implementation of certain features that are a part of the Products. This may include interaction with the Customer’s website and webpages. Any such assistance provided by DefiNet Contact is at the Customer’s own risk. DefiNet Contact SHALL HAVE NO LIABILITY FOR THE AVAILABILITY OF OR ANY CHANGE IN THE CUSTOMER’S WEBSITE OR TO ANY CUSTOMER CONTENT OR OTHERWISE IN CONNECTION WITH SUCH ASSISTANCE.

6. Fees and Payment

6a. Provision of Credit Card Information; Payment Terms – You will be required to provide DefiNet Contact with a valid credit card number upon registration for a subscription. You hereby warrant and represent that you have the authority to provide such credit card information to DefiNet Contact and shall be responsible for all charges made thereto. DefiNet Contact will bill your credit card in advance of each Billing Period (as defined below) for the fees incurred for such Billing Period, as well as for any outstanding balances. Your “Billing Period” will be specified by DefiNet Contact at the time of signing this agreement, though DefiNet Contact reserves the right to change the term of future Billing Periods at any time. Any and all late payments shall accrue interest at the rate of one and one half percent (1.5%) per month (or the highest rate permitted by law, whichever is less). In addition, you are responsible for paying any reasonable expenses and attorneys’ fees that DefiNet Contact incurs in connection with collecting late amounts. 

6b. Automatic Renewal – DefiNet Contact WILL AUTOMATICALLY RENEW EACH OF YOUR PRODUCT SUBSCRIPTIONS AND CHARGE YOUR CREDIT CARD AT THE BEGINNING OF EACH SUBSCRIPTION RENEWAL PERIOD, SO LONG AS YOUR SUBSCRIPTION HAS NOT BEEN CANCELLED. The automatic charge to your credit card will occur at the commencement of each subscription renewal. You acknowledge that the amount billed each year may vary for reasons such as promotional rates no longer being applied, changes in your subscription (for example, changes in the number of your locations under your subscription, email account changes or other service changes), changes in the amount of applicable sales tax or other reasons; and you authorize us to charge your credit card for such varying amounts. DefiNet Contact may also periodically pre-authorize your credit card in anticipation of account or related charges.

7. Use of the Products

7a. License – DefiNet Contact hereby grants Customer a limited, non-exclusive, non-transferable right and license to access and use the Products solely in connection with Customer’s legitimate business needs. This license will terminate in the event the applicable subscription is not renewed or this Agreement is terminated pursuant to Section 4, in which case Customer will immediately cease any further use of the Products.

7b. Ownership – The products are the copyrighted works of DefiNet Contact and/or its various third party licencors and partners.

7c. Trademarks – The trademarks, service marks, logos and any designs used or displayed on the Products or any DefiNet Contact owned webpage are trademarks and/or service marks owned by DefiNet Contact or its licensors. Nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any DefiNet Contact trademark displayed on the Products or any DefiNet Contact owned webpage or website without DefiNet Contact’s prior written permission in each instance. The appearance of any third-party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.

7d. Usage Restrictions – Customer’s use of the Products is limited solely to those rights granted in Section 2. Customer shall not copy, prepare derivative works, decompile or reverse engineer the Products. Customer will not remove any trademark, copyright, or other proprietary rights notices which appears on the Products. In addition, Customer will not use the Products for any unlawful or fraudulent purpose including, but not limited to: (a) impersonating any person or entity, (b) harvesting or collecting any personal information in violation of applicable law or (c) promoting any product, service or business that is unethical, obscene or in violation of any applicable law or regulation.

7e. License to Customer Content – Customer hereby grants DefiNet Contact a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of DefiNet Contact’s business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all listing content and other content that is provided by or on behalf of you in connection with your use of the Products (“Customer Content”). DefiNet Contact may sub-license this right to any Partners and other online partners. This license will survive any termination or expiration of this Agreement.

 8. Disclaimer and Limitation of Liability

THE PRODUCTS AND ANY SERVICES PROVIDED BY DefiNet Contact IN CONNECTION WITH THIS AGREEMENT ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, DefiNet Contact MAKES NO, AND DISCLAIMS ALL, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. THE DefiNet Contact PRODUCTS AND DefiNet Contact WEBSITE, AND OTHER WEBSITES, DATABASES AND/OR THIRD PARTY PROGRAMS CONTAINED WITHIN THE PRODUCTS, MAY CONTAIN BUGS, ERRORS, PROBLEMS AND/OR OTHER LIMITATIONS. DefiNet Contact HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE CUSTOMER CONTENT OR TO THE YOUR WEBPAGE OR WEBSITE AS A RESULT OF DefiNet Contact’S ASSISTANCE IN IMPLEMENTING ANY PRODUCT FEATURES, ANY OTHER PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF, OR INABILITY TO USE, DefiNet Contact WEBSITES, DATABASES AND/OR PROGRAMS. DefiNet Contact DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY’S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF DefiNet Contact’S WEBSITE, DATABASES AND/OR PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL DEFINET CONTACT OR ANY PARTNER BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, EVEN IF DefiNet Contact HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DefiNet Contact WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THE AGREEMENT, ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND DefiNet Contact’S CONTROL. IN ADDITION, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, DefiNet Contact’S LIABILITY UNDER ANY CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO $500. To the extent any liability of DefiNet Contact cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law.

9. Indemnification

Customer will defend, indemnify, and hold harmless, DefiNet Contact, its third party licencors and Partners, and its affiliates, and each of its and their respective officers, directors, members, managers, employees, sub-licensees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all claims, actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney’s fees and expenses) arising from or related to: (a) any breach of the Agreement by you (including, but not limited to, any representations and warranties made herein); (b) any violation of any law or regulation arising from or in connection with your subscription; (c) any allegation arising from or relating to any Customer Content, including, but not limited to, any allegation that any Customer Content infringes or otherwise violates any trademark, trade name, service mark, copyright, license, trade secret, right of privacy or publicity or other intellectual property or proprietary right of any third party, constitutes false advertising, is defamatory and/or is in violation of any law or regulation; (d) any claim by any third party related to you or your products, services, webpages, websites or business; and/or (e) any third party dispute with you, including, without limitation, any injury suffered by a third party at your place of business or any other related issue.

10. Representations and Warranties

You represent, warrant and covenant that at all times during the term of this Agreement:

the individual or company accepting this Agreement is authorized to act on behalf of you and to bind you to this Agreement;
you have the full power and authority to conduct your business, to enter into this Agreement, and to perform your obligations under this Agreement;
your execution, delivery and performance of this Agreement will not conflict with or violate: (i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you; (iii) any provision of your organizational documents; or (iv) any agreement or other instrument applicable to you; and
you will comply with all applicable federal, state and local laws, rules, regulations, court orders, judgments and decrees.

11. Special Terms for DefiNet Contact Local Listings Product

Customer may be required by certain Partners for the “Social” Product (for example, Facebook) to agree to such Partners’ terms and conditions or other policies regarding use of such applicable Partner Sites (collectively, the “Social Partner Terms”). In such event, Customer hereby agrees to comply with (and to ensure that all Customer Content provided to DefiNet Contact in connection with the applicable Product complies with) all Social Partner Terms. Any actual or alleged failure of Customer, or of any Customer Content, to comply with any Social Partner Terms will constitute a material breach of this Agreement. In addition to Customer’s indemnity obligations set forth elsewhere in the Master Agreement, Customer will defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney’s fees and expenses) arising from or relating to any asserted breach of any Social Partner Terms by Customer and/or the Customer Content. DefiNet Contact LLC reserves the right to refuse Local Business Listing creation with specific keywords within first thirty (30) days after activation due to inability to fulfill Local Business Listing for reasons unrelated to DefiNet Contact LLC. DefiNet Contact LLC may substitute the keywords for generally accepted keywords or by modifying spelling to fulfill the contractual obligation under Local Business Listings Package. The Local Business Listings will only be advertised in a single geographical area and placed according to Customer’s specific industry. Local Business Listing Advertising in additional geographical areas can be created under a new Advertising Package.

12. General Provisions

12a. Confidentiality – You may not disclose the terms or conditions of this Agreement any third party, except to your professional advisors under a strict duty of confidentiality or as necessary to comply with applicable laws or regulations.

12b. Promotional Materials – During the term of this Agreement, DefiNet Contact may use Customer’s name and logo for the purpose of referring to Customer as a DefiNet Contact customer on DefiNet Contact’s website and in its other promotional materials.

12c. Policies – Customer’s participation in any subscription shall be subject to all applicable DefiNet Contact policies including, without limitation, the Privacy Policies posted on any Web Site on which Customer listings are published, and any applicable Web Site specification requirements (collectively, “Policies”). The Policies may be modified by DefiNet Contact at any time. The latest Policies can be found on any of DefiNet Contact’s websites. You should review the Policies regularly. By your continued participation in a Product subscription, you agree to all of the associated terms and conditions contained within the Policies effective at that time.

12d. Force Majeure – In the event that either Party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the Party invoking this provision, the affected Party’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.

12e. Waiver – The waiver by either Party of a breach or a default of any provision of this Agreement by the other Party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such Party.

12f. No Agency; Independent Contractors – Nothing contained in this Agreement shall be deemed to imply or constitute either Party as the agent or representative of the other Party, or both Parties as joint venturers or partners for any purpose.

12g. Governing Law and Forum – This Agreement, and any disputes arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its choice of law provisions. Each of the Parties hereby irrevocably consents and submits to the exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee for any such disputes, and hereby irrevocably waives any objections to the laying of venue in such courts.

12h. Entire Agreement; Amendment – This Agreement (together with any other applicable terms and conditions referenced herein) constitutes the entire agreement between the Parties with regard to the subject matter hereof. DefiNet Contact may modify the terms of this Agreement at any time without liability, and your use of the Products after notice that the terms of this Agreement have changed constitutes your acceptance of the new terms.

12i. Headings – Captions and headings contained in this Agreement have been included for ease of reference and convenience and shall not be considered in interpreting or construing this Agreement.

12j. Costs, Expenses and Attorneys’ Fees – If either Party commences any action or proceeding against the other Party to enforce or interpret this Agreement, the prevailing Party in such action or proceeding shall be entitled to recover from the other Party the actual costs, expenses and reasonable attorneys’ fees (including all related costs and expenses), incurred by such prevailing Party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.

Signature:

Leave this empty:

Signed by Definet Contact
Signed On: July 22, 2016

Definet Contact https://definetcontact.com
Signature Certificate
Document name: Definet Contact Service Agreement - Email + Local Listings (Silver Package)
Unique Document ID: 674d8607c2522ff10155a995c333da3dc6669f4d
Timestamp Audit
2016-06-16 17:47:24 CDTDefinet Contact Service Agreement - Email + Local Listings (Silver Package) Uploaded by Definet Contact - aaron@definetcontact.com IP 69.247.133.135