Terms of Service

Franchise Focused Marketing, LLC Terms of Service

Last updated: 8/22/2024

Thank you for choosing Franchise Focused Marketing, LLC (“FFM,” “we,” “us,” or “our”). By accessing or using our services, you agree to be bound by these Terms of Service (“Terms”). Please read them carefully. If you do not agree to these Terms, you must stop using our services.

Definitions

“Client,” “you,” refers to the individual or entity purchasing or using our services.
“Services” refers to any digital marketing, consulting, or related offerings provided by FFM.
“Agreement” refers to these Terms of Service and any subsequent amendments.

Eligibility and Acceptance

By using our services, you confirm that you are at least 18 years old and legally capable of entering into binding agreements. By accessing or purchasing our services, you accept and agree to these Terms.

Services and Scope of Work

Franchise Focused Marketing (FFM) provides digital marketing, franchise consulting, lead generation, and related services. The specific scope of services you have purchased is outlined in your online order at the time of purchase.

You can review the scope of services associated with your order by logging into your REACH account. Any additional requests or changes outside the scope of your original order may incur additional fees, which will be communicated to you before any additional work is undertaken.

Pricing and Payment Terms

All pricing for services is selected by the Client at the time of purchase through our online shop. The prices available at the time of purchase reflect the specific package or service chosen by the Client, as detailed on our website.

Review of Pricing: Clients can review their selected pricing, subscription details, and billing history by logging into their REACH account. It is the Client’s responsibility to ensure their account details are accurate and up-to-date.
Payment Methods: We accept payment via credit card, bank transfer, or any other methods provided through our secure payment gateway. All transactions are processed in accordance with PCI DSS standards.
Billing and Payment Schedule: Payment terms, including upfront deposits, monthly billing cycles, or payment milestones, will be outlined in your order. Failure to make timely payments may result in suspension or termination of services.
Suspension for Non-Payment: FFM reserves the right to suspend or terminate services if payments are not received within [10] days of the due date. We will provide you with notice of non-payment of any amount due.
Refund Policy: Refunds are not provided for services rendered. Cancellation before service commencement may be eligible for a partial refund, at the discretion of FFM, based on the work completed to date.

Subscription Terms

Unless otherwise agreed upon or subject to a Special Promotional Period, all services provided by Franchise Focused Marketing (FFM) are offered on a month-to-month basis.

Auto-Renewal: Subscriptions will automatically renew on the first of each month at the current service rate, unless canceled prior to the renewal date.
Cancellation: You may cancel your subscription at any time by providing notice through your REACH account or by contacting us in writing. To avoid being charged for the following month, cancellations must be made prior to the renewal date.
No Long-Term Commitment: Month-to-month subscriptions provide flexibility, allowing you to modify or terminate services as needed, with no long-term commitment unless otherwise specified in your agreement or promotional terms.

By subscribing to our services, you acknowledge and agree to these auto-renewal and cancellation terms.

Special Promotional Periods

For Special Promotional Periods, subscriptions must remain active for the entire duration of the agreed-upon promotional timeframe. The subscription will automatically renew on the first of the month, with the special promotional rate ending on the specified end date.

Early Cancellation: If you cancel the subscription before the end of the promotional period, you will be charged the full amount of the discount you received during the promotion as an early termination fee.
Renewal: Once the promotional period concludes, your subscription will renew at the regular rate unless otherwise agreed.

By participating in a special promotion, you agree to these terms, including the early cancellation charge if applicable.

Advertising Budget Management

FFM will manage your advertising budget on various platforms (e.g., Google, Facebook, etc.) as per the agreed-upon strategy. While we strive to allocate the full budget during the campaign period, we cannot guarantee that the entire budget will be spent by third-party platforms due to factors such as platform algorithms, audience saturation, and daily spending limits.

Unused Budget: In the event that the platform does not spend the entire allocated budget, any unspent amount less than 3% of the total budget will not be automatically rolled over or adjusted in future budgets.
Budget Rollover: If the unspent budget exceeds 3%, we will automatically adjust future budget allocations accordingly or refund the excess upon request, depending on the specifics of the advertising agreement.

You acknowledge that the performance of third-party platforms is beyond FFM’s control, and we are not liable for any unspent budget below the 3% threshold.

International Advertising Fees (Only Applicable for International Clients)

Many countries impose fees on platforms such as Google, Facebook, and other advertising platforms for running ads within their jurisdiction. These platforms may charge a percentage of your ad spend to cover these fees, which are typically imposed by the country where the ads are being served.

Platform Charges: These fees are charged by the platforms as a percentage of your total ad spend for campaigns running in certain countries outside the United States.
Client Responsibility: Any such fees charged by the platform will be passed directly to you, the Client. These fees will be added to the total cost of your campaigns and deducted from your ad budget. FFM is not responsible for covering or reimbursing these additional fees.

By agreeing to these Terms, you acknowledge and accept that such country-specific fees may apply and will be passed on to you as part of your ad spend.

Third-Party Services and Tools

FFM may integrate third-party platforms or services (such as advertising platforms, analytics tools, or social media APIs) into the Services provided. You acknowledge that the availability and performance of these third-party services are beyond our control.

We are not responsible for any downtime, outages, or errors caused by third-party services, and their terms of service will govern your use of those services.

Ownership of Ad Accounts and Assets

All ad accounts, ads, keywords, and other related assets created, managed, or built within Franchise Focused Marketing’s (FFM) platform business manager accounts are the sole property of FFM.

No Obligation to Provide Access: FFM is not obligated to provide access to or transfer ownership of these accounts or assets to the Client, unless required to do so by law. This includes, but is not limited to, access to ad accounts, campaigns, ad sets, keywords, targeting data, and performance metrics.
FFM Proprietary Rights: The strategies, structures, and configurations of these accounts are proprietary to FFM, and all rights and control over these assets remain exclusively with FFM.

By agreeing to these Terms, you acknowledge and accept FFM’s ownership of the aforementioned accounts and assets.

Client Responsibilities

Accurate Information: You agree to provide accurate, current, and complete information required for the delivery of services.
Timely Cooperation: You agree to respond promptly to requests for information, feedback, or approval to ensure the timely completion of services.
Licensing and Approvals: You are responsible for obtaining any necessary licenses, permissions, or regulatory approvals for the use of materials provided to FFM.

Compliance with CCPA, GDPR, and Other Applicable Privacy Laws

Franchise Focused Marketing (FFM) complies with the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and all other applicable international privacy laws, ensuring the privacy rights of individuals are respected according to the legal requirements of their jurisdiction.

Collection of Personally Identifiable Information (PII): Our services may include the collection, storage, and processing of personally identifiable information (PII) on your behalf, as part of our marketing, lead generation, or other services. FFM ensures that any PII collected is handled in compliance with all applicable international data privacy laws, including but not limited to CCPA and GDPR.
Notification of Privacy Requests: If we receive a request under CCPA, GDPR, or any other applicable privacy law to delete, access, or modify personal information related to your account or services, we will notify you promptly. You will have 7 days, or any other legally mandated timeframe depending on the specific law, from the date of notification to confirm compliance with the request and take any necessary actions.
Client Responsibility: It is your responsibility as the Client to ensure that your business operations comply with CCPA, GDPR, and any other applicable privacy regulations. FFM is not responsible for your failure to comply with such laws. If you do not act within the legally mandated timeframe, you may face non-compliance penalties, for which you are solely responsible.
Legal Timeframes: Should any privacy law require a different response period for compliance (such as GDPR’s one-month timeframe for data access requests), you will be required to meet those deadlines as stipulated by the relevant regulation.

By using our services, you acknowledge and agree that FFM complies with all applicable international data privacy laws, including CCPA and GDPR, and that you are solely responsible for maintaining compliance with these laws in your own business operations.

Use of Personally Identifiable Information (PII)

Franchise Focused Marketing (FFM) is committed to protecting the privacy and confidentiality of any personally identifiable information (PII) collected during the course of our services.

No Sale or Unauthorized Use of PII: FFM will not sell, distribute, share, or otherwise disclose any PII collected on your behalf to third parties, except as required to fulfill the services as outlined in this Agreement or as required by law.
Authorized Use Only: Any PII collected will only be used for the purposes agreed upon in this Agreement, such as executing digital marketing campaigns, generating leads, or providing other related services. We will not use PII for any other purpose unless explicitly authorized by you in writing.

By using our services, you consent to the collection, use, and handling of PII in accordance with this Agreement, and you acknowledge that FFM will not use PII for any purpose beyond the scope of this Agreement.

Intellectual Property

All materials created by FFM during the course of service, including designs, strategies, and marketing content, are the intellectual property of FFM until full payment is made. Upon payment in full, FFM grants you a limited, non-exclusive license to use the materials for your own business purposes.

You warrant that any content or materials you provide to FFM for use in marketing, advertising, or otherwise do not infringe on any third-party intellectual property rights.

Trademarks

Client Representation: By agreeing to these Terms, you represent and warrant that you have the right to grant Franchise Focused Marketing (FFM) the use of your service marks, trademarks, and trade names for the purpose of delivering the agreed-upon services. You will be solely responsible for any claims, damages, or liabilities that arise from the use of such marks if it is determined that you did not have the right to grant us their usage.

Recognition of Ownership: FFM acknowledges and respects your ownership rights in all service marks, trademarks, and trade names used in connection with your business. We agree not to engage in any actions, directly or indirectly, that could challenge or impair your rights, title, or interest in these marks. Additionally, we will not engage in any activities that could diminish the value of your trademarks or trade names.

No Claim to Trademarks: FFM will not apply for, acquire, or claim any ownership, title, or interest in your service marks, trademarks, or trade names, nor in any marks that could be confusingly similar to them, through advertising or any other means.

Termination of Use: Upon termination of your subscription or services, FFM will immediately cease all use of your service marks, trademarks, and trade names in any capacity.

Use of Name and Logo for Promotional Purposes

By agreeing to these Terms, you grant Franchise Focused Marketing (FFM) the right to use your name and logo for our own promotional materials, including but not limited to case studies, testimonials, and listings on our website, provided that such use complies with your brand guidelines.

Compliance with Brand Guidelines: FFM agrees to use your name and logo in a manner consistent with your provided brand guidelines. If no guidelines are provided, we will use commercially reasonable efforts to ensure the proper and respectful representation of your brand.
Opt-Out: If at any time you wish to revoke this permission, you may do so by providing written notice, and we will cease the use of your name and logo in future promotional materials.

This clause allows us to showcase our work with you while ensuring that your brand is properly represented.

Termination and Cancellation

By You: You may terminate this Agreement at any time as outlined above in Subscription Terms. Upon termination, you will be responsible for paying any outstanding fees for services rendered prior to termination.
By FFM: We reserve the right to terminate this Agreement or suspend services for non-payment, violation of these Terms, or any other reason at our discretion.
Effect of Termination: Upon termination, all licenses granted to you under these Terms will terminate, and you must stop using any materials provided by FFM.

Data Retention and Deletion

Upon cancellation or termination of services, Franchise Focused Marketing (FFM) will retain all data related to your campaigns, leads, metrics, and other associated information for a period of 90 days from the date of cancellation.

Data Deletion: After 90 days, all data pertaining to your campaigns, including but not limited to leads, performance metrics, and marketing materials, will be permanently deleted from our systems unless otherwise required by law.
Resumption of Services: If you choose to resume services with FFM within the 90-day period, all previously collected data will remain available for use and integration into ongoing services. If services are not resumed within this period, data deletion will proceed as scheduled.
Post-Deletion Requests: Once the 90-day period has passed and the data has been deleted, FFM will not be able to comply with any requests for access, retrieval, or restoration of the deleted information.

FFM is not responsible for the loss of data after the 90-day retention period if services are not resumed or extended.

Dispute Resolution and Arbitration

In the event of a dispute arising from or related to these Terms or the services provided, both parties agree to first attempt to resolve the issue amicably through good faith negotiations. If a resolution cannot be reached within 30 days, the dispute will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in California.

Each party will bear its own legal costs, and the arbitrator’s decision will be final and binding. You agree that any legal action arising from this Agreement must be brought within one year of the cause of action.

Relationship of the Parties

Franchise Focused Marketing (FFM) and the Client are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.

No Authority to Bind: Neither party has the authority to act on behalf of, bind, or represent the other in any manner, except as specifically agreed to in writing.
Independent Contractor Status: FFM’s relationship with the Client is that of an independent contractor, and FFM is solely responsible for the manner and means by which it provides the services under this Agreement. The Client will have no control over the work methods or day-to-day activities of FFM.

Each party acknowledges and agrees that the relationship is strictly one of service provision and does not create any financial or operational dependency.

Indemnification

You agree to indemnify, defend, and hold harmless Franchise Focused Marketing (FFM), its affiliates, directors, officers, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees and court costs) arising out of or related to:

Your Use of Services: Any misuse or unauthorized use of FFM’s services, including but not limited to the violation of these Terms or any applicable law.
Content Provided: Any claim that the materials, data, or content you provide to FFM infringe upon or violate any intellectual property rights, proprietary rights, or other rights of a third party.
Breach of Agreement: Your breach of any representation, warranty, or obligation under these Terms of Service.

FFM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate with FFM in the defense of such claims.

Force Majeure

FFM is not liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, cyberattacks, or utility outages.

Modification of Terms

We reserve the right to modify or update these Terms at any time. If any material changes are made, we will notify you by email or via a notice on our website. Your continued use of the services after any changes signifies your acceptance of the updated Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California. Any legal action related to these Terms must be brought exclusively in the courts of California.

Contact Information

If you have any questions or concerns regarding these Terms or your use of our services, you may contact us at:

Email: info@franchisefocusedmarketing.com
Address: 313 N. Birch St. Ste. 200, Santa Ana, CA 92701