Subscriptions
- Appdore has expertise and experience in the development and management of PPC Search Engine Campaigns in Google Adwords and Microsoft Ads.
- The client desires to have Appdore manage and optimize PPC Search Engine Campaigns as outlined in Project Details.
- Each month Appdore will perform 4 hours of management, optimizations, and report generating for the client.
- Subscriptions are paid one month in advance; clients may cancel via call or email.
Agreements
In consideration of the mutual covenants outlined in this Agreement, Appdore and the Client hereby agree as follows:
1. Management of PPC Campaign and Optimization Services.
Appdore agrees to manage and employ custom PPC Advertising tactics.
2. Specifications.
Appdore agrees to develop the PPC Campaign pursuant to the Specifications set forth in Project Details and Client’s Kick-Off Questionnaire.
3. Delivery Dates and Milestones.
Appdore will use reasonable rigor in the process and development of the PPC Campaign in Google Adwords and Bing Ads. Appdore will also make an endeavor to deliver reports to the client upon the client’s written request, no unsolicited reports, updates, or emails will be sent. The client acknowledges, however, that this delivery deadline and the other payment milestones are estimates, and are not required delivery dates. Appdore will retain all documents, source code, keyword lists, and other assets employed or created for the client during the time of this agreement’s validity. The client will receive only the output formats of Appdore’ work where applicable. The output is to be used only within the scope of the project as outlined in Project Details. The client shall retain all of its intellectual property rights in any text, images, or other components it owns and delivers to Appdore for use in the PPC Campaign and Strategy created under this Agreement.
4. Services Provided.
PPC Campaign and Optimization services are intended to provide the client with preferential positioning in selected paid search engine inclusion. Some of the PPC Campaign and Optimization tactics may include, but are not mandatory:
4.1 PPC Keyword Selection Services.
Appdore will manage a list of keywords and phrases relevant to the client’s desired search terms based upon
- Research conducted by Appdore.
- Client-provided analytics and metrics for particular terms or phrases.
- Competitive analysis of keyword terms currently in market use.
4.2 PPC Campaign Components, Implementation, Ongoing Research, and Reporting Services.
Campaign Budgeting. Appdore and the client shall agree upon an initial budget for all PPC efforts prior to beginning the campaign.
Monitoring and Reporting. Appdore shall monitor and manage the client’s PPC campaign and monitor CPC (cost per click) rates. Bids may be adjusted to maximize high-quality traffic. Non-performing keywords may be removed from the PPC campaign based on the results of this reporting. Reports about ongoing monitoring shall be provided to the client monthly.
4.3 Additional PPC Services, Campaign Implementation, and Ongoing Research
Advertising Copy. Upon agreement, Appdore can write new advertising copy that is designed to drive (although not guarantee) high-quality traffic to client website(s) based upon the various keywords identified and selected in section 4.1. Click-through rates shall be tracked and copywriting shall be adjusted based on these reports.
Campaign Creation and Implementation. Upon agreement, Appdore can set up independent PPC accounts in the client name with all of the agreed-upon PPC Advertising Networks or use existing clients’ accounts. The account shall also be subject to the agreed-upon budgets. Appdore shall create various campaigns (or one if depending on the number of websites and products being promoted) with varying advertising copy, keywords, and demographic targeting based on Appdore’ research and the client’s kick-off questionnaire. Campaigns may differ in copywriting and keyword usage based on the individual PPC advertiser.
If necessary and upon agreement, Appdore can create special Web Pages (“landing pages”) to capture all click-through actions. Creative services rendered under this Agreement may be subject to separate Design and Development fees and terms and conditions.
4.4 ROI and Conversion Tracking Software.
In the event that it is deemed necessary and vital to install ROI tracking or other metric measurement software, Appdore will monitor and configure software packages. Appdore shall not be responsible for keeping copies, back-ups, or any other form of the Software after turning over the original copies to the client. Appdore will not maintain the Installation, updates, or any daily tasks required for the maintenance of the Software under this Agreement.
Appdore will not manage or maintain copies of licenses for any of the software packages or installations under this Agreement. All licenses for software installations will be turned over to the client upon execution of this Agreement.
4.4 Service Disclaimers.
The Client acknowledges the following with respect to services:
- Appdore accepts absolutely no responsibility for policies of PPC Advertising Networks (Google AdWords, Microsoft Ads, Facebook, Twitter, LinkedIn, etc.), third-party search engines, directories, or other websites that Appdore may or may not submit to with respect to the classification or type of content it accepts, whether now or in the future. The Client’s website or content may be excluded or banned from any Third-Party Resource at any time. The Client also agrees not to hold Appdore responsible for any liability or actions taken by Third-Party Resources under this Agreement.
- The Client acknowledges that the nature of many Appdore resources that may be employed under this Agreement are competitive in nature. Appdore does not guarantee a position, consistent positioning, or specific placement for any particular PPC keyword, phrase, or search term. Furthermore, Appdore does not guarantee any specific conversion volume or conversion cost generated by advertising campaigns. The Client acknowledges that Appdore’ past performance is not indicative of any future results that the Client may experience.
- The Client acknowledges that PPC Advertising may be subject to the individual advertising network’s policies and procedures. Each edit or change made to any resources employed by Appdore may repeat these inclusion times.
- The Client acknowledges that any of the PPC advertising networks, search engines, directories, or other resources may block, prevent, or otherwise stop accepting submissions for an indefinite period of time.
- The Client acknowledges that PPC advertising networks or search engines may drop listings from its database for no apparent or predictable reason. Appdore shall re-submit resources to the search engine based on the current policies of the search engine in question and whether paid inclusion programs are being used.
- The Client acknowledges that Appdore may not become aware of changes to third-party resources, industry changes, or any other changes that may or may not affect advertising campaigns.
- The Client is solely responsible for all advertising fees and must maintain adequate funds in any third-party accounts in order to maintain inclusion in these resources. Failure to pay the balance to Google, Bing, or Facebook does not automatically cancel the monthly retainer owed to Appdore.
- Communications – Appdore may take 24-48 hours to reply to clients’ emails, excluding weekends and holidays. All phone calls must be scheduled at least one day in advance on our website.
- Recurring payments – a subscription to any of Appdore’s monthly retainers entails recurring monthly payments in the amount chosen by the client at the time of subscription. Recurring payments will continue without notice until the subscription is canceled.
- The client agrees to no specific quality of work or services as such a description of services is considered subjective. If the client is not satisfied with the service provided by Appdore, the client is required to submit their concerns in writing and provide no less than 90 days to rectify the issues. If such concerns are not raised on time, the client forfeits any and all forms of reimbursement including but not limited to refunds and/or chargebacks.
__________________________________
5. Compensation.
For all of Appdore services under this Agreement, the Client shall compensate Appdore, in cash or through other payment methods, pursuant to the terms of current management fees and/or hourly rate. In the event client fails to make any of the payments by the deadline, Appdore has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, or (2) pause all PPC Advertising Networks managed by Appdore.
6. Cancellation and Refunds.
The client is required to call (“832-736-7570“) or email (“hello@appdore.com“) to cancel Appdore services or current subscriptions, 30 days prior to the next billing date. Appdore is not responsible for any cancellation errors or mistakes made by the client. The client agrees to a no refund policy once the payment is processed.
7. Limited Warranty and Limitation on Damages.
The client waives any warranty, express or implied. The client waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to Appdore as set forth in Exhibit A attached hereto.
8. Independent Contractor.
Appdore shall be retained as an independent contractor. Appdore will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. The client will not withhold or pay any income tax, social security tax, or any other payroll taxes on Appdore behalf. Appdore understands that it will not be entitled to any fringe benefits that the client provides for its employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.
9. Equipment.
The client agrees to make available to Appdore, for Appdore use in performing the services required by this Agreement, such items of hardware and software as the client and Appdore agree are reasonably necessary for such purpose. The client agrees to make available any access to services deemed necessary by Appdore to fulfill its obligations under this Agreement.
10. General Provisions.
10.1 Entire Agreement.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
10.2 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. Exclusive jurisdiction and venue shall be in the State of Texas.
10.3 Binding Effect.
This Agreement shall be binding upon and inure to the benefit of the client and Appdore and their respective successors and assigns, provided that Appdore may not assign any of its obligations under this Agreement without the client’s prior written consent.
10.4 Waiver.
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
10.5 Good Faith.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
10.6 No Right to Assign.
The client has no right to assign, sell, modify or otherwise alter this Agreement, except upon the express written advance approval of Appdore, which consent can be withheld for any reason.
10.7 Right to Remove Resources.
In the event client fails to make any of the payments, Appdore has the right to remove any PPC campaign under Appdore control until payment is paid in full, plus accrued late charges of 2% per month.
10.8 Indemnification.
Client warrants that everything it provides Appdore to employ in the PPC campaign is legally owned or licensed to the client. The client agrees to indemnify and hold Appdore harmless from any and all claims brought by any third party relating to any aspect of the PPC campaign, including but without limitation, any and all demands, liabilities, losses, costs, and claims including attorney’s fees arising out of injury caused by client’s products/services, material supplied by the client, copyright infringement, and defective products sold via the PPC campaign. The client agrees to indemnify Appdore from responsibility for problems/disruptions caused by third-party services that the client may use, such as merchant accounts, shopping carts, shipping, hosting services, real-time credit card processing, and other services that relate to the ownership and operation of the PPC campaign.
10.9 Use of Material for Promotional Purposes.
The client grants Appdore the right to use its work in producing the PPC campaign for promotional purposes and/or to cross-link it with other advertising developed by Appdore. Client grants Appdore the right to list, reference, or otherwise identify the client as a client of Appdore in Appdore advertising and marketing.
10.10 No Responsibility for Loss.
Appdore will have no responsibility for any third-party disrupting, intruding, or otherwise copying files in part or in whole on all or any part of the work performed for the PPC campaign. Appdore is not responsible for any downtime, lost files, improper links, or any other loss that may occur in the operation of the PPC campaign under this Agreement.
10.11 Right to Make Derivative Works.
Appdore will have the exclusive rights in making any derivative works from any of its work, practices, coding, programming, or other work in regards to the PPC campaign.
10.12 Attorney’s Fees.
In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney’s fees and costs, including expert witness fees.
10.13 Identification of Appdore.
The client agrees that Appdore identification may be annotated, and remain within the code or on the website as the authors. The client also agrees to put Appdore copyright notices on the PPC campaign reports and the relevant content therein.
10.14 Transfer of Rights.
In the event Appdore is unable to continue maintenance of the PPC campaign services, non-exclusive rights to the PPC campaign will be granted to the client. Transfer of Rights does not apply to non-transferable third-party licenses and proprietary material owned by the developers.
The client agrees to the terms of this agreement when the client subscribes to receive services on Appdore website and submits the payment.