Marketing Services Terms

1. Scope of Agreement

a. Introduction. Xtreme Websites® (“Xtreme,” “Agency,” “we,” or “us”) provides a comprehensive range of marketing products and services (the “Services”) designed for businesses of all sizes. This Agreement governs the relationship between the Agency and the entity purchasing these Services (the “Client,” “you,” or “your”).

b. Platform Branding. Services are delivered via the Xtreme Automator® platform. Client acknowledges that for technical purposes, including mobile application interfaces, third-party API permissions, and specific software integrations, the Xtreme Automator® may be identified or referenced as “Lead Connector.” Use of either name refers specifically to the proprietary ecosystem provided by Xtreme Websites®.

c. Mandatory Acceptance & Electronic Consent. Access to the Services and the completion of any order is strictly contingent upon the Client’s review and affirmative acceptance of these Marketing Terms.

d. Binding Digital Signature: By clicking “I Accept,” “Place Order,” or otherwise proceeding with a purchase, Client provides an electronic signature that is the legal equivalent of a handwritten signature. Client acknowledges that this action is binding and enforceable in any court of law.

e. Data Collection for Verification: To ensure the integrity of this Agreement, Xtreme collects and archives personally identifiable data at the time of the order, including but not limited to: IP address, the specific version of the Agreement accepted, timestamp of the order, and device metadata.

f. Effectiveness. These Marketing Terms are incorporated by reference into any Service Agreement or order. They become effective on the date the order is placed (the “Effective Date”) and remain in effect until terminated as provided in Section 10. In consideration of the mutual covenants set forth herein, the parties agree to be legally bound by these terms.

2. Platform Provisions

The following provisions apply to all marketing tools, software modules, and suites included within the Xtreme Automator® Platform.

a. Integration Dependencies (Summary). The Platform’s functionality is contingent upon successful integration with various third-party assets (e.g., Google, Meta, Merchant Accounts).

• Cooperation Requirement: Client is strictly responsible for providing the necessary administrative access and credentials required to facilitate these connections.
• Referential Details: Detailed rules regarding responsibilities, performance impacts, and billing continuity during integration phases are governed by Section 7 of this Agreement.

b. Feature Evolution & Maintenance. Xtreme Websites® provides access to a dynamic tech stack that evolves alongside industry standards and emerging technology.

• Right to Modify: Agency reserves the right to modify, replace, or discontinue any feature, or introduce new technology, without prior notice, as third-party APIs or carrier regulations change.
• System Updates: Agency performs regular maintenance to ensure Platform security and performance. Agency is not liable for incidental business interruptions or “bugs” resulting from such updates or third-party program limitations.

c. Access and Conduct. Access to the Platform is a license granted for legitimate business operations and is contingent upon the following:

• Security: Client must maintain strict confidentiality of all passwords. Any attempt to circumvent security or interfere with Site operations is strictly prohibited and subject to civil and criminal prosecution.
• Monitoring: All traffic is logged and monitored for potential abuse; evidence of unauthorized activity will be disclosed to law enforcement as necessary.

d. Restricted Content and Prohibited Industries. To protect the reputation and deliverability of the Platform, Client shall not use the Services for any illegal activity or to promote businesses related to prohibited industries (including but not limited to: Unlawful goods, pornography, gambling, guns, or the sale of social media engagement).

e. Third-Party “As-Is” Disclaimer. The Platform relies on external data sources and third-party APIs.

• No Guarantee of Accuracy: Accuracy, uptime, or consistent availability of data from third-party providers (e.g., Google Search Console, Facebook Insights) cannot be guaranteed by the Agency.
• Assumption of Risk: Any business decisions made by the Client based on platform analytics or assistance provided by Xtreme Websites® are at the Client’s own risk.

3. Project Management & Strategic Setup

To ensure transparency, organization, and professional execution, all marketing services and platform implementations are managed through the following structured framework:

a. Project Management System. Upon commencement of Service, a dedicated Marketing Project will be established within the Client Area under the “Projects” section. This centralized hub serves as the official record for:

• Progress Tracking: Real-time visibility into the status of marketing deliverables and milestones.
• Task Management: A transparent view of all active, pending, and completed tasks. Each task allows for client-admin communication.
• Centralized Communication: All project-related correspondence with the assigned Marketing Manager must be conducted through this system to ensure accountability and continuity.

b. Mandatory Owner/Admin Initial Setup. Client acknowledges that the initial onboarding and technical foundation of the Project require unique business insights, legal authority, and access to sensitive company credentials.

• Exclusive Responsibility: To ensure system integrity and security, the initial project setup and integration phase must be completed by the Client’s Owner or a designated high-level Administrator.
• Employee Access Limitation: Access for additional employees or team members may be granted later for general project support and ongoing management only. This restriction is enforced to avoid technical conflicts, security breaches, or unauthorized changes to core platform configurations that could jeopardize the Initial Term or the “Integrations” as defined in Section 7.

c. Assigned Client Tasks & Onboarding. While the Agency manages the majority of technical execution, the Initial Term requires specific Client-side onboarding tasks (e.g., providing brand assets, completing onboarding forms, accessing external accounts).

• Instructional Resources: The Project Area provides instructional videos and detailed descriptions to assist the Client in completing these tasks.
• Timeliness Mandate: Client acknowledges that completing these tasks promptly is essential. Delays in Client-side onboarding directly impact the timeline of the “Integrations” as defined in Section 7, and do not constitute a failure of service or grounds for billing suspension.

d. Assisted Onboarding. Xtreme Websites® provides personalized, guided support to help the Client seamlessly integrate Platform services into their unique business processes. This ensures the tech stack is aligned with the Client’s operational goals from day one.

e. Technical Setup. Agency performs a comprehensive configuration of the Client’s ecosystem, including professional-grade backend settings tailored to ensure optimal performance, deliverability, and platform functionality.

f. Branded Assets. As part of the initial setup, the Agency develops and integrates customized marketing materials and digital resources that reflect the Client’s brand identity, ensuring a professional and cohesive presence across all platform-generated assets.

4. Training & Strategic Support

To ensure the Client is equipped to maximize the Xtreme Automator® Platform, the Agency provides the following support infrastructure. These channels are the exclusive methods for seeking technical or strategic assistance:

a. 24/7 Knowledge Base & Help Center. Client is granted unlimited access to a comprehensive, on-demand library of training videos, step-by-step tutorials, and platform documentation. This resource is designed to provide immediate answers for platform navigation and feature utilization at any time.

b. Official Platform Support (Ticketing System). Technical issues or operational inquiries must be submitted via the official Support Ticket system within the Client Area.

• Response Times: Agency provides a standard response window of 24–48 hours, although most inquiries are addressed significantly sooner.
• Exclusivity of Channel: To ensure transparency, track resolution progress, and maintain a historical record of support, no support requests via Email, SMS, or Phone Calls will be accepted. All technical inquiries must be documented through the ticketing system to receive a resolution.

c. Strategy Sessions. Collaborative, high-level meetings with Agency experts are available to align platform tools with the Client’s specific business objectives.

• Session Allocation: The frequency and total number of sessions are strictly governed by the specific Service Package selected by the Client at the time of purchase.
• Scope of Sessions: These meetings are intended for high-level strategy and growth planning; technical troubleshooting should be directed to the Support Ticketing system to ensure session time is used efficiently.

5. Marketing Platform & Professional Services

The Agency’s pricing model is divided into two core components: the Marketing Platform (the foundation) and Professional Marketing Services (the fuel). The specific deliverables for your account are dictated by the selections made in your Service Agreement, as detailed on our Marketing Pricing Page.

a. The Marketing Platform (Base Plans). All accounts require a Digital Marketing Base Plan, which serves as the pivotal foundation for your business growth. This base plan provides access to the Xtreme Automator® platform and a suite of proprietary marketing tools designed for self-service or Agency-managed growth. Available tools included in the Platform (subject to your specific package) include:

• Local Search Boosters™: An advanced ecosystem designed to optimize, track, and dominate your brand’s presence within local search engines and map-based interfaces.
• Reputation Boosters™: A specialized toolkit to monitor, manage, and scale brand authority through automated sentiment analysis and cross-platform synchronization.
• Social Media Boosters™: A centralized omni-channel interface designed to automate and analyze your brand’s social media presence from a single dashboard.
• Email Rocket Boosters™: A high-performance engine designed to centralize outreach and automate the customer journey through advanced logic and omni-channel builders.
• Media Blast Boosters™: A comprehensive Public Relations suite designed to establish brand authority, boost credibility, and manage national or local media distribution.
• Ranking Boosters™: An SEO-centric analysis and monitoring toolkit focused on tracking search engine visibility to drive high-quality organic traffic.
• Traffic Boosters™: A centralized advertising management interface designed to simplify the deployment, optimization, and scaling of paid media campaigns.

b. Professional Marketing Services (Add-ons). Clients may add “Done-For-You” professional services and strategy sessions at any time to implement suggested marketing strategies effectively.

• Minimum Engagement: To ensure adequate time for data collection, algorithm learning, and performance optimization, each professional marketing service added to your plan carries a separate six (6) month minimum campaign engagement.
• Flexible Scaling: Service plans can be adjusted or scaled as needed, depending on your specific business growth objectives.

c. Additional Professional Services.

• Website Services: Conversion-focused strategy is essential for marketing success. A Website Audit can be completed at no cost, allowing our experts to recommend a specific website strategy or tailored package. Website development and hosting are bound by a separate agreement located at https://xtremeplatform.com/legal/websites-terms/.
• Branding Services: Clients may purchase specific branding products, including professional graphic design, content writing, and video production, at any time through our Branding Shop. These services can be purchased as one-time projects or at a discounted recurring rate to complement any marketing campaign. Branding services are bound by a separate agreement located at https://xtremeplatform.com/legal/branding-terms/.
• Custom Development: Expert assistance is available for complex technical requirements, including custom code, advanced automation workflows, the development of new software applications, and deep-level third-party integrations.
• Automator Modules: Optional modules are available to expand the core functionality of your CRM ecosystem and can be added to your subscription at any time. These include, but are not limited to, the Affiliate Platform, Communities Platform, WhatsApp integration, and HIPAA Compliance modules.

6. Marketing Toolkit Features

a. Local Search Boosters™

The Local Search Boosters™ suite is a specialized ecosystem designed to optimize, track, and dominate your brand’s presence within local search engines and map-based interfaces.

• Local SEO Audit Tool: A comprehensive analysis engine that evaluates your current local visibility and provides a strategic roadmap for improvement. This tool continuously tracks and logs improvements over time, providing a historical record of your optimization progress.
• Local Rank Tracking: Real-time monitoring of your business’s search position across specific geographic areas and keywords. This feature tracks ranking progress over time, allowing for data-driven adjustments to your local strategy.
• GBP Optimization Tool: Specialized utilities designed to enhance and maintain your Google Business Profile (GBP) for maximum engagement, authority, and search ranking.
• Local Business Listings: Automated distribution and synchronization of your business information (Name, Address, Phone) across a network of high-authority local directories and publishers to ensure citation consistency; all managed from one master profile without the need to manage multiple profiles manually.
• Location Pages Tracking: Advanced performance monitoring for dedicated landing pages designed specifically to improve search rankings in local cities and capture high-intent local organic traffic.
• Integrations & Availability: Access to these features is subject to the general rules defined in Section 1, including mandatory third-party integrations and the Agency’s right to evolve the tech stack as search algorithms change.

b. Reputation Boosters™

The Reputation Boosters™ suite provides an advanced toolkit to monitor, manage, and scale your brand’s online authority and client engagement through automated sentiment analysis and cross-platform synchronization.

• Review Monitoring: Real-time tracking of customer feedback across a vast network of industry-specific and general review sites to ensure total brand awareness.
• AI-Powered Responses: Proprietary AI integration for generating contextually accurate, professional responses to customer reviews, maintaining a consistent brand voice.
• Detailed Review Analytics: In-depth reporting on review trends, sentiment scores, and response times to measure and improve customer satisfaction.
• Competitor Analysis: Comparative benchmarking tools to monitor the reputation and customer feedback of market competitors.
• Review Collection Campaigns: Automated multi-channel outreach via Email, SMS, and WhatsApp designed to proactively solicit high-quality feedback from recent customers.
• Website Review Widget: Dynamic and customizable embeddable tools to showcase verified reviews directly on your website to increase conversion rates.
• Video Testimonials: A specialized module for capturing, managing, and publishing video-based customer success stories to build maximum social proof.
• Usage and Data Notice: Automated outreach for collection campaigns (SMS/Email/WhatsApp) is subject to per-message usage fees as detailed in (Usage-Based Billing & AI Credits) Section 7b of this Agreement. The availability of review data is subject to the limitations of third-party platform APIs.

c. Social Media Boosters™

The Social Media Boosters™ suite is an advanced omni-channel management interface designed to centralize, automate, and analyze your brand’s social media presence from a single dashboard.

• Multi-Platform Synchronization: Sync and manage a myriad of social media profiles (e.g., Google, Facebook, Instagram, LinkedIn, and others) to publish content from one centralized location.
• Social Calendar: A comprehensive visual interface for planning, organizing, and managing your long-term social media strategy.
• Automated Social Posting: Advanced publishing engine allowing for manual scheduling, automated RSS feed triggers, recurring post sequences, and the automated sharing of positive customer reviews.
• Social Media Interaction: A unified inbox to view and respond to social comments across connected platforms, ensuring timely engagement with your audience.
• Approval Workflow Calendar: A specialized administrative interface that allows designated Client or Agency admins to review, edit, and approve scheduled posts before they go live.
• Social Listening: Real-time monitoring tools to track brand mentions, industry keywords, and audience sentiment across the social web.
• Advanced Statistics: In-depth performance analytics providing granular data on post-reach, engagement rates, and audience demographics to refine content strategy.
• Operational Notice: The successful functioning of these tools is strictly contingent upon the Client maintaining active and authorized API connections (tokens) with each social platform as defined in Section 1. The list of supported platforms is subject to change based on third-party API availability.

d. Email Rocket Boosters™.

The Email Rocket Boosters™ suite is a high-performance marketing engine designed to centralize outreach and automate the customer journey through advanced workflow builders.

• Email Integration & Unified Inbox: Seamlessly link your business email to view and reply to all correspondence directly from the Platform. This centralizes communication, ensuring no lead or client response is missed.
• Advanced Template Builder: Access to a sophisticated drag-and-drop builder for creating high-conversion Email and SMS templates. Supports both visual design and custom HTML for total brand control.
• Dynamic Email Campaigns: Launch manual broadcast emails or sophisticated “Drip Mode” follow-up sequences to nurture leads over time based on their engagement level.
• Advanced Marketing Workflows: The “Brain” of your marketing; a powerful automation engine that combines multiple communication triggers and actions (e.g., if a lead clicks an email, automatically send an SMS and update their status).
• Bulk Email Capabilities: Scalable infrastructure allowing for mass communication to your entire permission-based database with optimized delivery settings.
• Comprehensive Campaign Tracking: Advanced real-time analytics providing granular data on sends, opens, clicks, Click-Through Rate (CTR), and direct sales attribution to measure true ROI.
• Operational Standards: Use of this suite is governed by the deliverability and compliance rules established in Section 8 to protect sender reputation and ensure high inbox placement.

e. Media Blast Boosters™

The Media Blast Boosters™ suite is a comprehensive Public Relations (PR) ecosystem designed to establish brand authority, boost credibility, and manage national or local media outreach from a single interface.

• Brand DNA Engine: An intelligent synchronization tool that pulls your brand’s mission, core services, and contact details from your digital assets with one click, ensuring all future PR content remains strictly on-brand.
• Trending Topics & Industry Curation: Access to curated press releases and trending news within your specific industry to provide data-driven inspiration and reference points for your next announcement.
• PR Competitor Analysis: Benchmarking utilities that allow you to analyze how your brand’s media presence and PR strategy stand against direct market competitors.
• Trust Asset Management: Centralized management of “As Seen On” trust badges and media logos to be used as social proof across your marketing funnels and websites.
• AI-Powered PR Creator: A sophisticated generation engine that creates professional press releases based on selected categories, angles, and assisted writing prompts. This feature includes a Human Verification layer to ensure technical accuracy and tone before publication.
• Self-Service PR Discounts: Exclusive platform pricing for Clients who utilize the PR Creator to prepare their own releases compared to purchasing full-service “Done-For-You” media production directly from the Xtreme Store.
• Global PR Distribution: Scalable distribution infrastructure providing access to 200+ News sites and media outlets to increase reach, backlinks, and authority.
• Operational Notice: While the platform provides the creation and management interface, third-party distribution fees apply and are governed by the “Wallet” rules defined in Section 4. The Agency does not guarantee the specific placement duration or editorial decisions of third-party news outlets.

f. Ranking Boosters™

The Ranking Boosters™ suite is a comprehensive SEO-centric toolkit designed to monitor, analyze, and accelerate your brand’s organic search performance.

• SEO Audit: An advanced diagnostic engine that performs deep scans of your digital assets to identify technical hurdles, on-page opportunities, and structural improvements.
• Traffic Overview: Real-time integration of traffic data to provide a clear view of user behavior, acquisition sources, and session quality directly within the Platform.
• Rank Tracker: Precision monitoring of keyword positions across major search engines, tracking historical progress and volatility to measure the effectiveness of your SEO strategy.
• Backlink Monitor: A specialized tracking utility that audits your link profile, identifying new opportunities and monitoring the health of existing authority-building assets.
• Competitor Insights: Benchmarking tools to deconstruct competitor keyword strategies, traffic volume, and ranking successes to identify market gaps.
• AI Visibility: A unique analysis module that tracks how your brand is appearing within AI-driven search results and Large Language Model (LLM) citations.
• SEO Content Generation: A versatile AI production suite for creating SEO-optimized blog posts, service pages, guest posts, and metadata designed to capture high-intent organic traffic.
• Operational Notice: While the platform provides the infrastructure for data analysis, ongoing management, content generation, technical implementation, and high-level content strategy requires a Professional Marketing Services (Done-For-You) SEO package. Access to data is contingent upon successful integration of third-party assets (e.g., Google Search Console, Analytics) as defined in Section 7.

g. Traffic Boosters™

The Traffic Boosters™ suite is a centralized advertising management interface designed to simplify the deployment, optimization, and scaling of paid media campaigns across major digital networks.

• Multi-Platform Campaigns: Specialized tools to launch and manage advertising campaigns across Facebook, Google, and LinkedIn from one centralized location.
• Proven Templates for Rapid Setup: Access to a library of industry-specific, ready-to-use ad templates designed to align with various business goals and reduce time-to-market.
• CRM Integration & Smart List Targeting: Deploy ultra-targeted advertisements directly to your CRM database. This feature allows for precise audience segmentation based on your Platform “Smart Lists” and internal tags, ensuring your ad spend is focused on the most relevant prospects.
• Detailed Performance Analytics: Clear, actionable reporting at the campaign, ad group, ad, and keyword levels, allowing for precise tracking of ROI and spend efficiency.
• Seamless Conversion Tracking: Built-in utilities to facilitate the deployment of pixels and event tracking to accurately measure leads, sales, and total conversions.
• Simple Campaign Support: Optimized modules for high-impact Lead Generation and Retargeting strategies to keep your brand in front of high-intent prospects.
• Operational Notice: While the platform provides the DIY tools for launching and managing small-scale campaigns, large-scale or complex multi-channel advertising strategies require a Professional Marketing Services (Done-For-You) PPC Management package. Access to these features is strictly contingent upon the Client maintaining active and authorized API connections with the respective ad platforms and keeping a functional payment method for ad spend as defined in Section 1.

7) Platform Integrations & Wallet Usage

a. Third-Party Integrations & Procedures. The Platform offers an extensive suite of over 20+ available integrations (including Google Business Profile, Facebook/Meta, Stripe, and Digital Calendars) designed to centralize business operations.

• Domain Integration: Clients have the option to purchase new domains, initiate transfers, or connect existing domains from third-party registrars. Client or Agency Admin may manage domain access and DNS records to facilitate connections with Platform assets, including websites, marketing funnels, and email services.
• Conditional Necessity: Integrations are performed at the Client’s discretion based on specific business needs; for example, Merchant accounts are only required if the Client elects to process payments online.
• Client Responsibility for Access: Client is strictly responsible for granting the Agency the necessary administrative access, credentials, and permissions required to facilitate these connections.
• Performance Impact & Billing Continuity: Failure to provide or maintain active integrations may result in specific features becoming unavailable or non-functional. Such technical delays or third-party rejections caused by the Client’s failure to integrate assets do not constitute a failure of service by the Agency. These delays shall not pause the Initial Term, delay billing obligations, nor constitute grounds for cancellation or refunds.
• Standard Operating Procedures (SOP): To ensure system integrity, all integrations must follow Xtreme Websites’ predetermined procedures and supported API protocols.
• Integration Limitations: Xtreme Websites is not responsible for unsupported third-party systems or for connection failures if the Client fails to follow provided instructions. Custom integration requests may incur additional creative service fees or be denied at the Agency’s sole discretion.

b. Usage-Based Billing & AI Credits. To maintain active technical functionalities, Client must maintain a functional credit card on file to fund the “Platform Wallet”.

• The Usage Model: Charges for Email, SMS, Voice, and Platform AI (including text generation, image creation, video processing, and premium API calls) are billed on a per-usage basis via a credit system. For a detailed breakdown of these costs, please refer to the Platform Usage Fees Breakdown.
• Wallet Thresholds & Auto-Replenishment: Client authorizes Xtreme Websites to automatically charge the default payment method to replenish the Wallet when credits drop below a predetermined threshold. Clients may manage their payment methods and threshold settings as detailed in the Billing Dashboard Overview.
• Service Continuity: If the Wallet balance is depleted or a replenishment charge fails, all usage-based features, including Telecommunications and AI modules, will be automatically suspended until the balance is restored.

8) Telecommunications & Messaging

This section governs all electronic communications transmitted through the Xtreme Automator® Platform, including Email, SMS, Voice, and WhatsApp. To maintain the integrity of our sending infrastructure and ensure compliance with global telecommunications regulations, the following mandates apply:

a. Technical Configuration & Deliverability. Xtreme Websites performs all mission-critical configurations for outreach.

• Email Protocols: We implement all required records (DKIM, SPF, and DMARC) to ensure optimal delivery.
• Ramp-up Period: New accounts must adhere to a mandatory “Warm-up” period to establish a positive sender reputation. Failure to respect volume limits may result in temporary restrictions to protect the domain.
• External SMTP: Requests for external SMTP integrations (e.g., Mailgun, Google) are handled on a case-by-case basis at the Agency’s sole discretion.

b. Compliance & Marketing Laws. Client shall strictly adhere to all relevant laws, including the CAN-SPAM Act, TCPA (Telephone Consumer Protection Act), and international equivalents.

• Permission-Based Only: All contact lists must be 100% permission-based. The use of purchased, rented, or “scraped” third-party lists is strictly prohibited and constitutes a material breach of this Agreement.
• Opt-Out Management: All messages must include clear opt-out mechanisms (e.g., Unsubscribe links or “STOP” keywords). Client must honor all opt-out requests immediately.

c. SMS & Voice Regulatory Mandates (A2P/10DLC). Per federal and carrier mandates, business messaging requires formal registration.

• Cooperation Mandate: Client is required to complete Persona and Brand verification, providing legal documentation (e.g., EIN, Articles of Incorporation) as requested by carriers.
• Impact of Non-Compliance: Delays in carrier approval due to Client’s failure to provide documentation shall not pause billing or constitute a failure of service by the Agency.

d. Usage-Based Billing. All communications (Email, SMS, Voice, and WhatsApp) are considered usage-based services.

• Wallet Funding: Charges are billed directly from the Client’s “Platform Wallet” as defined in Section 7b.
• Suspension: If the Wallet is depleted, all outbound communication features will be automatically suspended until the balance is restored.

9) Billing, Fees, and Payment

a. Fee Structure, Taxes, and No-Refund Mandate. Client agrees to all fees and payment terms outlined in the Service Agreement or during registration.

• USD Currency: All fees are quoted and payable in United States Dollars (USD).
• Taxes: Fees are exclusive of sales tax, levies, or governmental assessments, which are the sole responsibility of the Client.
• No-Refund Policy: Given the proprietary nature of the Xtreme Automator® configurations, the immediate allocation of Agency resources, and the development of custom brand logic, all payments are strictly non-refundable.
• Performance & Integration Contingency: Payments are not contingent on the delivery of future functionality, specific third-party API approvals, or the Client’s subjective creative preferences, aesthetic dissatisfaction, or subjective perception of integration depth/functionality. Access to the Platform and the performance of professional labor constitute full delivery of the Service.

b. Payment Authorization & Automated Billing. Client must maintain a valid credit card or ACH authorization on file.

• Recurring Billing: Payments are billed in advance on the same numerical day of each month as the Effective Date.
• Card Updates: Xtreme utilizes a credit card updating service to maintain active billing for expired or replaced cards to prevent service interruption.

c. Usage-Based Wallet & Service Continuity. Services such as SMS, Voice, Email, and Platform AI (including text generation, image creation, and premium API calls) incur usage-based “Pass-Through” charges billed via a “Wallet” credit system.

• Auto-Replenishment Authorization: Client authorizes Xtreme to automatically charge the default payment method on file to replenish the Wallet when credits drop below a predetermined threshold.
• Suspension for Wallet Depletion: To maintain the technical integrity of the sending infrastructure, if the Wallet balance is depleted or a replenishment charge fails, all usage-based features, including Telecommunications and AI modules, will be automatically and immediately suspended until the balance is restored.
• Late Payment Impact: Failure to maintain a functional payment method for the Wallet or monthly fees constitutes a breach of the “Service Continuity” mandate and may trigger the 15-Day Grace Period and subsequent System Suspension protocols defined in Section 9(d)

d. 15-Day Grace Period & Service Suspension. Payments not received on the due date enter a 15-day Grace Period. Failure to restore the account within this period results in Automatic System Suspension, which includes:

• Disabling of telecommunications (SMS/Voice) and CRM access.
• Deactivation of all related website widgets, landing pages, and API integrations.

e. Data Retention & Permanent Deletion. If the account remains unpaid for 30 days, CRM data and assets will be moved to an offline “Vault” state for up to 90 days.

• Restoration Fee: Access may be restored upon payment of all past-due balances plus a $250 Re-Activation Fee.
• Permanent Deletion: If the balance remains unpaid after 90 days, all account data, lead history, and custom workflows will be permanently deleted from Xtreme’s servers.

f. Acceleration Clause. If an account enters Suspension before the completion of the Initial Term, it constitutes a material breach. This triggers the Early Cancellation Fee and the full remaining balance of the contract becomes immediately due and payable.

g. Chargeback Protection & Liquidated Damages. Any attempt to initiate a credit card chargeback or payment dispute for Services rendered or Platform access provided is a material breach of this Agreement.

• Forensic Evidence: Xtreme reserves the right to utilize the digital data collected in Section 1c, including IP address, contract version acceptance, timestamps, and device metadata, as forensic proof in any financial dispute.
• Administrative Defense Fee: A $250 Administrative Defense Fee will be assessed for each dispute instance. Client acknowledges this is a reasonable estimate of liquidated damages for the administrative labor required to compile evidence for the financial institution.
• Immediate Status Change: Filing a dispute immediately transitions the Client account from “Support” to “Compliance/Legal” status and results in the automated suspension of all ongoing Services and Platform access.

h. B2B Collections & Credit Reporting. Xtreme reserves the right to report unresolved delinquent accounts to commercial credit bureaus (e.g., Dun & Bradstreet, Experian Business) using the Client’s Employer Identification Number (EIN).

• Collection Costs: Client is liable for all costs of collection, including third-party agency fees (typically 25%–35% of the balance) and reasonable attorneys’ fees.
• Legal Notice: All communications following a default are recorded and may be used as evidence in formal recovery proceedings.

10) Term and Termination

a. Initial Term, Automatic Renewal, and Firm Commitment. The Agreement begins on the Effective Date and remains in effect for a mandatory commitment period of twelve (12) months (the “Initial Term”).

• The Firm Commitment: Client acknowledges that the Initial Term represents a firm financial and legal commitment. Cancellation requests or “Constructive Abandonment” (defined as a failure to cooperate with setup requirements or provide mandatory integrations) during the Initial Term do not relieve the Client of the obligation to pay the remaining balance of the contract in full.
• Payment-Based Crediting: Only months in which full payment is received in accordance with Section 9 shall be credited toward the completion of the Initial Term.
• Automatic Renewal: Upon expiration of the Initial Term, this Agreement shall automatically renew for successive twelve-month periods (each, a “Renewal Term”) unless a formal cancellation request is submitted at least 30 days before the renewal date in accordance with Section 10(b).

b. Standard Cancellation. Client may cancel Services only at the completion of the current Term by providing no less than 30 days’ written notice. To ensure proper version control and administrative tracking, cancellation notices must be submitted exclusively via a Support Ticket within the Client Area. Cancellation requests received through other channels, including but not limited to email, text message, or verbal communication, shall not be considered valid notice. Cancellation will be effective at the end of the next applicable Initial Term or Renewal Term.

c. Early Cancellation and Liquidated Damages. Xtreme Websites offers reduced upfront “Setup Fees” on the condition of a full Initial Term commitment. If Client terminates or abandons the project prior to completing the Term, they must provide written notice and pay an Early Cancellation Fee equal to 50% of the remaining contract balance. Client acknowledges that this fee is not a penalty, but a reasonable estimation of liquidated damages required to compensate the Agency for:

• Unrecovered costs associated with discounted upfront setup, onboarding, and strategy development.
• Human resource allocation and opportunity costs incurred in the expectation of a full contract term.
• Technical configuration and proprietary “Snapshot” deployment performed at the project’s inception.

d. Emergency Pause of Service. In the event of a documented business emergency, Client may request a temporary suspension of Services, the approval of which is at the sole discretion of Xtreme Websites. If approved, a $100/mo. Maintenance Fee applies to preserve campaign assets, hosting, A2P compliance status, and database integrity. Any approved pause period will be appended to the end of the current Term, extending the final contract date by the equivalent number of months.

e. Material Breach and Default. A “Material Breach” occurs if the Client fails to make payments for 30 consecutive days, violates Prohibited Content policies, or demonstrates “Constructive Abandonment” by failing to cooperate with setup requirements. Upon such breach:

• Xtreme Websites may immediately terminate the Agreement and accelerate the remaining balance due.
• The account will enter the “Vault” and “Permanent Deletion” cycle as defined in Section 9(e).
• Reactivation during the 90-day “Vault” period is a privilege, not a right, and requires payment of all past-due balances plus a $250 Re-Activation Fee.

f. Post-Termination Obligations, Forfeiture, and Survival. Upon the termination or expiration of this Agreement, the following mandates apply to ensure a clean and secure separation of assets:

• Immediate Revocation of Access: All licenses granted herein cease immediately. Client’s access to the Xtreme Automator®, all “Trust Assets,” and proprietary Agency logic (Snapshots, Workflows, and “Brand DNA”) is revoked without notice.
• Forfeiture of Credits: Any and all unused funds, platform credits, or complimentary promotions remaining in the Client’s account or Wallet are forfeited and remain strictly non-refundable.
• No Obligation for Restoration: Xtreme is not liable for the restoration of any previous third-party assets (e.g., original websites or DNS configurations) that were replaced, modified, or decommissioned as part of the Services.
• Survival of Covenants: Clauses regarding Intellectual Property (Section 11), Limitation of Liability (Section 12), Indemnification, and Governing Law (Section 15) shall survive the termination or expiration of this Agreement and remain enforceable in perpetuity.

11) Intellectual Property & Proprietary Rights

a. Ownership of Creative Deliverables. Upon receipt of full and unconditional payment, Client shall own all rights, title, and interest in and to the final “Creative Deliverables” specifically produced for the Client (e.g., custom logos or finished video files). Xtreme Websites retains a non-exclusive, non-revocable license to use these deliverables for advertising, portfolio display, and case studies.

b. Agency Work Product and Platform Ownership. Xtreme Websites and its technology partners own and retain all rights, title, and interest in the Platform and “Work Product”. This remains the exclusive property of Xtreme Websites and includes:

• Proprietary “Snapshots,” automation workflows, and internal logic.
• Database structures, software architecture, and custom code.
• Methods of doing business and any discoveries or inventions developed during the Agreement.

c. Usage and Reverse Engineering Restrictions. The rights granted in Section 2(c) are for use only and do not convey ownership. Client shall not:

• Copy, prepare derivative works of, decompile, or reverse engineer any portion of the Platform.
• Attempt to “white-label,” sell, resell, or lease any portion of the Platform’s internal logic.
• Remove any trademark, copyright, or proprietary rights notices appearing on the Platform.

d. Trademarks. All trademarks, service marks, and trade names used in conjunction with the Services are the exclusive property of Xtreme Websites, its affiliates, or licensors. Use of these marks without express written consent is prohibited. Detailed information regarding brand assets is governed by our Trademark Terms of Use.

12) Limitation of Liability & Indemnification

a. “As-Is” Service Warranty & Performance Disclaimer. Xtreme provides the Platform and Services on an “As-Is” and “As-Available” basis.

• No Performance Guarantees: Client acknowledges that Xtreme does not represent, warrant, or guarantee specific search engine rankings (including first-page placement), lead volumes, or business outcomes.
• Continuous Development: Client agrees that the Platform and third-party advertising provider services (including but not limited to Meta Ads, Google Ads, and Microsoft Advertising) are continually under experimentation and development.
• Interruption & Bugs: Xtreme specifically disclaims that the Services, third-party advertising data, or Client account data will be available without interruption or without “bugs”.
• Third-Party Volatility: Accuracy, uptime, or consistent availability of data from third-party providers cannot be guaranteed, and Xtreme is not liable for changes to third-party APIs or carrier regulations that impact Platform functionality.
• Waiver of Claims: Client hereby waives and agrees not to assert any claims under contract law or any other legal theory against Xtreme or third-party providers regarding service discrepancies or technical limitations.

b. Limitation of Liability. To the maximum extent permitted by law, the total cumulative liability of Xtreme for all claims arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall be strictly limited to the total monthly subscription fees actually paid by the Client to the Agency during the three (3) months preceding the event giving rise to the claim.

• Exclusion of Non-Refundable Costs: In no event shall any Setup Fees, Onboarding Fees, Branding Shop purchases, or “Wallet” usage-based credits be included in the calculation of liability, as these represent completed professional labor and third-party pass-through costs that are non-recoverable.
• Exclusion of Indirect Damages: Xtreme shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities.

c. Requirement for Prompt Notice of Dissatisfaction. Client acknowledges a duty to mitigate any potential damages.

• 30-Day Notice Rule: Any claim of service deficiency, technical malfunction, or dissatisfaction must be submitted via an Official Support Ticket, as defined in Section 12, within thirty (30) days of the date the issue first appeared.
• Waiver of Past Claims: Failure to provide notice within this 30-day window constitutes a waiver of that claim. Continued use of the Platform and payment of monthly fees without documented objection serves as conclusive evidence of the Client’s acceptance of the Service and disqualifies the Client from seeking retrospective refunds or credits for that period.

13) Mutual Professionalism & Non-Defamation

a. Professional Conduct. The parties agree to maintain a professional relationship based on mutual respect and the good-faith resolution of any technical or campaign-related disputes.

b. Non-Defamation Covenant. During and after the Term of this Agreement, Client agrees to refrain from making, publishing, or communicating any “Defamatory Statements” regarding Xtreme Websites®, its employees, or the Xtreme Automator® Platform.

• Definition of Defamation: A “Defamatory Statement” is defined as any public communication (including but not limited to online reviews, social media posts, or industry forums) that contains false information presented as fact, or statements made with “Actual Malice” intended to cause commercial or reputational harm.
• Permitted Feedback: This clause does not prohibit the Client from providing honest, factual feedback regarding their experience, provided such feedback is based on objective truth and does not disclose confidential Agency methodology, proprietary “Snapshots,” or trade secrets.

c. Liquidated Damages for Defamation. Client acknowledges that the publication of false or malicious information causes irreparable harm to the Agency’s brand equity. In the event of a documented breach of this Section, Xtreme Websites® reserves the right to: (i) immediately terminate all Services and access to the Platform for material breach, and (ii) seek legal remedies for actual damages incurred.

d. Right to Response and Removal. Client agrees to provide the Agency with a formal Support Ticket detailing any dissatisfaction and allowing a minimum of seven (7) business days for a resolution attempt before publishing any negative public feedback. If a published statement is found to be factually incorrect, Client agrees to remove or correct said statement within 48 hours of a written request from the Agency.

14) Representations, Warranties & Agency

a. Authority to Bind. By accepting this Agreement, the individual doing so personally represents and warrants that:

• Corporate Power: They have the full corporate right, power, and authority to enter into this Agreement and be bound to its obligations on behalf of the Client.
• Necessary Actions: The execution of this Agreement has been authorized by all necessary corporate actions.
• Legal Obligation: This Agreement constitutes a legal, valid, and binding obligation of the Client, enforceable in accordance with its terms.
• Non-Violation: The performance of obligations under this Agreement does not and shall not violate any other agreement to which the Client is a party or otherwise bound.

b. Third-Party Agency. In the event that you are purchasing the Services on behalf of another company, you personally represent and warrant that you have been authorized by such company to act as its agent in all respects related to this Agreement. You agree on behalf of such company that they have been made aware of, and agree to be bound by, these Marketing Terms.

15) Relationship of Parties & General Provisions

a. Independent Contractor. This Agreement shall not be construed to create an association, joint venture, partnership, or employment relationship between the Parties.

b. No Partnership Liability. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf.

c. Cost Allocation. Each Party shall bear its own costs and expenses in performing this Agreement.

d. Entire Agreement. This document, along with the specific Service Agreement, constitutes the entire agreement and supersedes all prior verbal or written understandings.

c. Intellectual Property Representation. Client represents that it has the legal right to use all intellectual property, including but not limited to copyrighted materials and trademarks, supplied to Xtreme for use in conjunction with the Services.

16) Governing Law & Dispute Resolution

a. Governing Law and Venue. This Agreement and all disputes arising out of it shall be governed by the laws of the State of Maryland, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Maryland.

b. Attorney’s Fees and Collection Costs. In the event of a dispute, default, or collection action, the prevailing party shall be entitled to recover its reasonable attorney’s fees, court costs, and any third-party collection agency fees incurred (typically 25%–35% of the balance).

c. Class Action Waiver. Client agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

d. Severability. If any part of this Agreement is found unenforceable by a court of competent jurisdiction, the parties agree that the court should give effect to the parties’ intentions as reflected in the provision, and the remainder of the Agreement remains in full force and effect.

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