1. TERM AND CANCELLATION: The initial term of this agreement will be for 30 days, beginning on the date that this order is placed. Customer may terminate this agreement by sending written notice via fax to (949) 315-3740. After the initial term, this agreement shall continue month to month unless either party provides thirty (30) days notice of termination via fax, with such termination being effective thirty (30) days after the notice.
2. PREMIUM PLACEMENT ORDERS ONLY – We guarantee that we will work with only one Premium Placement customer per industry per city or market area designated herein for as long as Customer's account is in good standing. We guarantee that Customer's listing will, on average, show on the Sponsored Links section of the Google search results for all search terms we manage as determined by Google's AdWords reporting tools. This guarantee is null and void if Customer chooses to specify website content or advertising content that we do not approve. Advertisements may not be shown for short periods of time for the following reasons: a) Ad content is changed and is pending review by Google; b) Ad campaign settings, including bid rates, are changed; c) Google is unable to accurately determine Customer's location via IP address of computer submitting search request; d) Google's AdWords system is down for maintenance; e) Google's fraud detection system suspends display of advertisements. We will provide Customer with a prorated credit proportional to the number of keywords and the amount of time that it fails to meet the guarantees of this agreement.
3. PLACEMENT ORDERS ONLY - We provide you with all the relevant keywords for your business. In some cases, words that you may feel are applicable may be too broad or may include other industries. Keywords that are too broad cover many industries and cannot be provisioned. For example, the word “golf” could cover many types of businesses i.e., golf courses, golf books, golf equipment, etc. This word is too broad and cannot be used. In other cases, your business may cover several industries. We advertise for your primary expertise and can advertise for additional business areas for an additional fee. An example of this business type is contractors. We advertise for all the related keywords for contractor, but we cannot advertise for terms that are separate business types, like electrical, plumbing, bathroom remodeling, etc. We can advertise these business types for an additional fee. Small cities and low volume keywords may not be displayed by Google. Performance Media Placement is not responsible for any search terms not processed by Google.
4. PLACEMENT ORDERS ONLY - This Agreement is predicated upon Customer's continued adherence to our relevance policy. Customer must continue to provide relevant and comprehensive information that directly relates to the type of services promoted through the local listing. All phrases used for advertising must be relevant to the content contained within the local listing pages and to the products and/or services provided by the customer. Performance Media Placement reserves the right to terminate this contract and, optionally, provide a prorated refund if Customer's site no longer provides content relevant to the services listed in this agreement. Performance Media Placement also reserves the right to cancel this Agreement if Customer's site is found to contain pornographic content or if Customer's site violates any local, state or federal laws.
5. Client agrees not to take any action that will impair or interfere with the performance of any advertising implemented by Performance Media Placement on behalf of client. This includes clicking on or inducing any other party to click on any advertisements for client paid for by Performance Media Placement. If client takes any action that does impair or interfere with the performance of any advertising implemented by Performance Media Placement on behalf of client, all positioning guarantees offered by Performance Media Placement are null and void.
6. By submitting this form to Performance Media Placement, you are confirming that you are authorized on behalf of Customer to enter into a legally binding commitment and that you have read and agreed to the license agreement found at http://www.PerformanceMediaPlacement.com/Terms/ and incorporated herein by reference. Customer accepts the charges indicated on this order and authorizes Performance Media Placement to collect those charges.
7. If Customer is submitting this order via a credit or debit card, then Customer authorizes Performance Media Placement to perform a credit or debit card charge for monthly fees required to continue service for as long as this agreement is in effect. When we process this order, we pre-authorize your card for the amount of the order. We do not process any funds into our account until your business listing is up and running and we have initiated your campaigns on Google. When we pre-authorize your card, your available credit on your card will be reduced by the amount of your order. (Even though we do not have the funds, these are not available to you on your card either). If your available credit is low, this may cause overdraft charges. If you make multiple attempts at submitting this order, this may result in a temporary reduction of your available credit for each attempt made. All attempts will be removed by our merchant provider by the following day, but this may also briefly affect your available credit. When you place this order or make multiple attempts at this order, you agree to waive any responsibility we may have for any overdraft charges as a result of your placing this or any attempted order(s).
8. The effective date of this Agreement is immediate upon submission of this order form and the email transmission of these terms and conditions to the Customer. These terms and conditions have been emailed to the Customer’s email listed in this agreement. Receipt of this Agreement by the Customer via email or fax constitutes acceptance to the terms and conditions stated in this offer.
9. This Agreement shall be construed and enforced in accordance with the laws of the State of California, and Customer agrees that in any dispute related to this Agreement, jurisdiction and venue shall be exclusively in the courts of the State of California, County of Orange.