blue bug marketing terms & conditions
This document serves as your (“Customer”) request for marketing services from Busy Blue Bug, L.L.C. (DBA Blue Bug Marketing, herein referred to as “Blue Bug Marketing”) specified on the front of this contract. If Blue Bug Marketing accepts your request, we will fulfill these specified services under the following terms. Blue Bug Marketing reserves the right to reject your request in whole or in part for any reason. Unless a written notice is received that this contract is rejected in whole or in part, your request will be deemed accepted. The terms and conditions of this contract are not transferable or assignable by the Customer without the written consent of Blue Bug Marketing.
Marketing Materials and Permission of Use
Customer agrees that all logos, images, pictures, videos, slogans, copy and anything else submitted for use in the marketing services of Blue Bug Marketing can be used, as connected to the customer, in all Blue Bug Marketing marketing materials, press releases, contests, branding, advertisements or any other medium Blue Bug Marketing chooses.
Customer represents that they have received permission from every person submitted by Customer to be used in Blue Bug Marketing marketing services. Blue Bug Marketing offers an opt-in email marketing service and has a very strict “NO SPAM” (unsolicited emailing) policy.
Customer agrees that they are in compliance with all laws and licensing agreements for all goods and services they are offering and representing. Customer also agrees that they have the right to use all names, logos, addresses, phone numbers, trademarks, service marks and all other content used in all marketing services of Blue Bug Marketing.
Any written documentation presented to Blue Bug Marketing disputing the Customer’s authorization of name, logo, address, phone number, trademark, service mark or any other content requested to be used in the marketing services of Blue Bug Marketing may result in cancellation or suspension of service until the dispute is resolved to Blue Bug Marketing satisfaction. Customer agrees that they will indemnify and hold Blue Bug Marketing harmless for any damages, costs and expenses, including actual attorneys’ fees resulting from Customer misrepresentations and unauthorized submissions.
Customer agrees that all artwork, graphics, text, photos and video commercials created by Blue Bug Marketing are for use in the marketing services of Blue Bug Marketing and cannot be copied, duplicated, reproduced or used without the written consent of Blue Bug Marketing.
Errors and Omissions
Customer agrees that errors in and omissions of marketing services do sometimes occur and charges are based solely upon each marketing service naming that charge as the only monetary value to the marketing services and unrelated to the value of or any investment in your business. Customer also agrees that it is extremely difficult and impractical to identify any actual damages, loss of profits and/or loss of sales as a result of an error in or omission of marketing services. Customer further agrees to hold Blue Bug Marketing harmless for any loss of profits, loss of sales, damages and any other impact to Customer’s business as a result of an error in or omission of marketing services.
Customer agrees payment for marketing services provided by Blue Bug Marketing is done on a monthly basis for a 12 month cycle (unless noted different on the contract) starting on the initial “Go Live” (marketing service initially is fulfilled) date. Customer agrees to payment amount and method of payment specified on the contract and further agrees that payments not received within 30 days of the invoice date (specified on contract) will incur a non-payment charge of one and a half percent (1.5%) per month on the unpaid balance. Customer also agrees to pay any attorneys’ fees and other costs that Blue Bug Marketing and/or our agents incur in collection of any past due balances and unpaid amounts. Any litigation involving this contract and its enforcement or interpretation shall be handled exclusively in the courts of general jurisdiction in Lucas County, OH.
If Customer chooses to cancel or discontinue marketing services with Blue Bug Marketing, you must notify us in writing within 30 days of the end of the term specified on the front of this contract. Customer agrees that this contract will automatically renew for the term specified on the front of this contract unless written notification is made to Blue Bug Marketing within 30 days of contract end date. All written notifications should be sent to Blue Bug Marketing PO Box 729 Sylvania, OH 43560