TERMS & CONDITIONS: Customer Agrees to be truthful with Company as the purpose of this Agreement is carried out and to abide by this Agreement and keep Company apprised of any changes that could have an impact on this Agreement including address changes or changes in Customer’s economic condition.  Customer and Company may be referred to hereinafter as the “Parties”. All Customer payments must be in advance for services with Company. This Agreement starts as of the initiation date (“Start Date”) of customer and is a month to month Agreement, automatically renewing for successive 30 day terms unless cancelled in writing or on the website by either party. The Content Only Service is a monthly Agreement and shall be ongoing providing one template per month for $249 until the Customer terminates the program. Company may auto-charge the credit card or bank account listed below starting immediately and on the 1st of each month and thereafter. The Monthly Newsletter Service is a monthly Agreement and production fees will be billed on the 11th monthly for all Customers mailing a campaign. Editing cycle closes on the 10th monthly and locks the website. All preferences and files held in the Customer area will then be processed accordingly. Customer is free to contact Company anytime regarding materials, processes, or services.

STATEMENT OF WORK: The Statement of Work is available on the reverse side of this form and is included as though fully set forth herein.  THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES.  There are no other Agreements, expressed or implied, between the Customer and Company. All Agreements shall be made in writing or as selections on the itsautopilot.com website.  If a portion of this Agreement is held to be invalid, the remaining portions shall remain in effect.

TERMINATION/CANCELLATION POLICY: This Agreement may be terminated at any time by the Customer or Company effective immediately upon notice. Any Customer who cancels a Content Only Service Agreement is liable for the current months billing and all past due amounts. However, no contract termination fee applies. If a Customer terminates membership during a production cycle (from the 11th to the end of the month), Customer is liable for all production costs to fulfill the production order in process. Company may terminate this Agreement immediately if Customer fails to pay the aforementioned monthly production fees on the 11th.

CONTENT, COPYRIGHTS & PROPRIETARY INFORMATION:  Company will use caution to prevent mistakes; however, does not assume financial responsibility for printed errors. Company will, in the event of a text error in the template reissue a corrected template at no cost to the Customer. Customers are expected to look at their templates when issued to ensure quality expectations for their marketing materials. Company undertakes to ensure everything furnished is either free from royalty requirements, that the Company is author of presented material, or owns a license to copy it and that such license is sub-licensable for the Customer. Accordingly, Customer agrees not to copy, publish, modify, transmit, share, lease, rent, sell or participate in the sale of content, whole or in part, without written prior consent from Company. Reproduction is strictly prohibited for resale. Distribution of the template or content included, in any way outside the Customers company use as newsletter marketing material, is considered a breach of this Agreement and all services will be terminated immediately. All content and graphics may be used in the online environment however, may not be used in direct advertisements, as a part of a logo, webpage design or fixed marketing materials. The articles, graphics and comics included in the Company’s material is available for use in online blogs, articles on websites, and posted in the newsletter format only. Any additional use will be sited and services will be terminated immediately.

INDEMNIFICATION:  Customer agrees to indemnify and hold Company, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees in connection with a third party claim, demand or otherwise, due to, arising out of or related to any of the products or services provided by Company.

WARRANTY:  Other than as specifically set forth herein and in the “Statement of Work”, Company makes no warranties.

LIMITATION OF LIABILITY:  To the fullest extent permitted by law, in no event shall Company or any subsidiary, affiliate, officer, director, shareholder, agent, employee or representative thereof be liable to you or any third party making a claim through you for any damages whatsoever, including but not limited to any special, incidental, direct, indirect, punitive or consequential damages whatsoever (including without limitation, damages for loss of information or the cost of procurement of substitute products or services), arising out of or related to this Agreement.

CONFIDENTIAL INFORMATION:  The Parties shall not disclose to third parties or use in any manner, directly or indirectly, any such trade secrets and other proprietary or confidential information received from the other party during the term of this Agreement or at any time thereafter; provided, however, that nothing in this paragraph shall be construed to prohibit disclosure by Company if said disclosure is made to fulfill the purpose of this Agreement on the Customer’s behalf.

NON-CIRCUMVENTION & SUBCONTRACTORS:  The Company, at its sole discretion, may use subcontractors to fulfill its obligations herein.  The Company is not engaged in any “Work for Hire” and owns its processes, concepts, designs and ideas in their entirety.  Customer Agrees not to circumvent any business relationships of the Company including any employees or contractors of the Company. Under no circumstances will the Customer attempt to induce employees of the Company to leave said employment.

VENUE:  This Agreement is entered into under the laws of the State of Nevada.  Venue shall rest in Clark County, Nevada.

MEDIATION:  This Agreement is subject to mediation.  If a dispute should arise, Company and Customer shall confer in good faith to resolve the dispute and engage the services of JAMS or similar mediation service prior to resorting to litigation or other dispute process. Such mediation shall occur within 90 days of either the Company or Customer asserting this provision. Attorneys’ fees and costs shall be paid by the non-breaching party.

DEADLINES:  In order to provide a consistent monthly marketing mailing, payment must be received by the 11th each month. Member agrees to pay an out of cycle fee of $299 to all late orders to be processed outside the cycle unless alternative arrangements have been made with Company staff.

 

Any questions concerning these Terms & Conditions should be directed to:

Attn: Lesa Carter, Marketing Captain

Email:  Lesa@itsautopilot.com

Toll-Free:  (855) 229-6862