TERMS OF SERVICE

Updated: July 1st, 2024

GENERAL SERVICE AGREEMENT

THIS GENERAL SERVICE AGREEMENT ("the Agreement") IS BETWEEN:

The "Client" as listed on the received and signed quote, contract, invoice or agreement.

- AND -

Agent Launch (the "Company") of 2055 Limestone Rd STE 200-C, Wilmington, DE 19808

BACKGROUND

Client is of the opinion that the Company has the necessary qualifications, experience, and abilities to provide Services to the Client and in return Company agrees to provide such services to the Client on the terms and conditions set out in this Agreement.

Client acknowledges that for the purposes of this Agreement, "Services" means providing general marketing related services, and "Coaching" means providing general business coaching.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Company (individually, the "Party" and collectively the "Parties" to this Agreement) agree as follows:

TERM OF AGREEMENT

The term of this Agreement (the "Term") will begin on the date that an Agreement is completed by both Parties and will remain in full force and effect until stated on the Agreement, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.

PAYMENT

Client agrees to pay the amount specified in their designated Agreement.

Client agrees that payment will be made by either credit card or ACH transfer to the Company payment processor.

CURRENCY

Unless otherwise provided, all monetary amounts referred to in this Agreement are in USD (US Dollars).

TERMS OF SALE

Client agrees to pay Company for Services in full in advance unless stated otherwise on a signed Agreement in the amount(s) specified.

Client agrees that all notices, requests, demands, or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Company at the following address: eric@agentlaunch.com and not to any employee, independent contractor, agent, consultant or client of Company.

PRIVACY & CONFIDENTIALITY

Client agrees that the materials and information provided to you by the Company are its proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company. The reproduction, distribution, and sale of these materials by anyone but the Company is strictly prohibited.

NON-SOLICITATION

Client agrees that during the Term of this Agreement and for a period of twenty-four (24) months after the date of termination of this Agreement, Client will not in any way, directly or indirectly: (i) induce or attempt to induce any employee, independent contractor, agent, consultant, customer or client of Company to terminate its relationship with Company; (ii) otherwise interfere with or disrupt Company’s relationship with its employees, independent contractors, agents, consultants and/or customers/clients; (iii) solicit, entice, or hire away any employee, independent contractor, agent, consultant, customer, or client of Company; or (iv) hire or engage any employee, independent contractor, agent, consultant, customer, or client of Company or any former employee, independent contractor, agent, consultant, customer or client of Company.

CHARGEBACKS, REFUNDS & BUYOUTS

Client agrees that all sales are final and non-refundable and that non-usage or reduced usage of Services does not entitle Client to a reduction in price, early cancellation or a refund.

Client agrees that should it wish to avail itself of its right to initiate any process aimed at a reversal of a transaction that Customer previously presented to Company pursuant to this Agreement (a “Chargeback”), it shall before proceeding with such procedure, send by email to Company at eric@agentlaunch.com a document in PDF format containing a detailed explanation of the reasons underlying the proposed Chargeback and the Services to which it relates. Company shall have a period of fifteen (15) days from the receipt of such notice to remedy the alleged failure to perform in good faith. In the absence of reasonable satisfaction of the claimed breach, and if a resolution cannot be agreed upon, Client may initiate the Chargeback with the payment issuer. Client expressly agrees that any Chargeback in accordance with this procedure must be notified to Service Provider within thirty (30) days of the date on which the allegedly breaching Services were performed and can only pertain to payments made within the past forty-five (45) days.

INDEMNITY

The parties agree to indemnify, defend, and hold harmless the other party, its affiliates, and their respective officers, directors, employees, agents, successors, and assignees from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, costs, and expenses (including reasonable attorney fees) (collectively, "Losses") arising out of or resulting from any breach or violation of this Agreement by the either Party, its affiliates, or their respective officers, directors, employees, agents, successors, and assignees.

SEVERABILITY

If any provision of this Agreement shall be held unenforceable such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement shall remain in full force and effect.

ASSIGNMENTS

This Agreement shall be assignable only with the written consent of both parties or in the event of a merger, acquisition or change of control.

COMMUNICATION & ELECTRIC RECORD KEEPING

Client hereby consents to any and all "Communication" with Company and representatives of Company to be recorded, documented, stored, and shared by Company. "Communication" includes but is not limited to phone calls, online meetings, 1-1 calls, video calls, coaching calls, and direct or group messages. Client acknowledges and agrees that this Agreement may be stored in an electronic record keeping system in the regular course of business and that a printed copy of the imaged document may be used and introduced in any arbitration, litigation, or other proceeding, and shall have the same force and effect as the original, which may be destroyed.

GOVERNING LAW, DISPUTES & CLASS ACTION WAIVER

The Parties agree to waive trial by court or jury. By signing this Agreement, the Client agrees that all disputes arising out of the terms of this Agreement or the relationship between the parties shall be decided exclusively in binding arbitration conducted by the American Arbitration Association. Arbitration shall take place in dispute in Wilmington, Delaware, and governed by Delaware law. Client also waives the right to bring or participate in a class action lawsuit against Company or its parent, affiliated companies, subsidiaries, agents, officers, employees, contractors, and/or principals. The party that loses the arbitration will pay to the prevailing party any fees and costs incurred by the prevailing party, including, but not limited to, reasonable attorney's fees, expert fees, and consultant fees.

The Parties agree this Governing Law clause shall remain in effect beyond the conclusion of this Agreement regarding matters pertaining to this Agreement.

ADVERTISING POLICY

Client agrees that it is its responsibility to ensure that all provided advertising materials, new construction project content, campaigns, and activities provided to Company comply with applicable federal, state, and local laws and regulations, including but not limited to consumer protection laws, data privacy regulations, and any industry-specific advertising requirements or permissions.

Client understands that advertising is not an exact science, performance can vary and that results are sometimes subject to factors outside of the control of Company, such as but not limited to advertising account suspensions (Including but not limited to Google, Meta & YouTube advertising accounts).

Client understands that fee's labelled as "ad spend", "managed ad spend" or "lead generation" include the fee's for Services provided and that actual amounts spent on advertising may vary month to month.

Client understands that any issues with collecting payment will result in immediate suspension of advertising until payments are resolved, and any unpaid balances must be paid within a reasonable timeframe to continue Services.

LEAD DEFINITION & LEAD GUARANTEES

• Definition of a Lead: The Client acknowledges and agrees that a "lead" is defined as any data submitted by a user through a form on the designated website(s), which is subsequently forwarded to the Client. This data includes, but is not limited to, contact information provided voluntarily by the user.
• Quality of Leads: The Company commits to filtering and forwarding leads that appear valid at the point of collection. However, the Company does not guarantee the accuracy, authenticity, or quality of the information provided by the leads. The Client understands that:
  • The Company employs reasonable efforts to ensure leads are generated from genuine user interest but cannot control the veracity of user-submitted information.
  • There is an inherent risk of receiving inaccurate, incomplete, or fictitious information, which is an industry-standard risk and beyond the Company's control.

COACHING AGREEMENT

Client promises to remain coachable, punctual for calls, responsive to messages from the Agent Launch team, and to complete tasks according to instructions. The Client commits to fostering a friendly, polite, and courteous atmosphere while working with the Agent Launch team and other related businesses or clients.

Client agrees to prioritize growth and expansion over fear and comfort, maintain a positive and winning mindset, and refrain from complaining or making excuses. The Client acknowledges the importance of being a supportive and constructive influence during their time in the program.

Client understands that Agent Launch's coaching is intended to supplement, not replace, their personal efforts to grow their business. While Agent Launch has helped previous clients, the Client acknowledges that success depends on individual circumstances and effort, and results may vary. The Client understands that marketing materials and examples provided by Agent Launch are for illustration purposes only and may not directly reflect the results they will achieve individually.

Client acknowledges that the timeline of deliverables in this Agreement may be affected by factors beyond Agent Launch's control, including the Client's readiness and engagement in the program. The Client agrees to take a proactive approach in initiating processes required for certain aspects of the program. Client further agrees that 1-1 coaching calls provided to the client directly by Eric Preston, CEO are one-time calls that may result in forfeiture at the discretion of Company should Client cancel or reschedule.

Client agrees to work professionally and collaboratively with Agent Launch to address any challenges or difficulties in implementing the coaching program. The Client will bring any issues to Agent Launch's attention promptly and work together to find solutions.

Client agrees that the coaching elements of our program are intended to support our core service offering, and are therefore subject to ongoing updates changes in content, frequency and availability.

ACCEPTANCE

By completing an Agreement with Compamy the Client agrees to have read, understood, and acknowledge this Agreement in full and will follow the rules outlined above. The Client named below verifies that the terms of this Agreement are acceptable. The parties agree to enter a binding interest and are of proper authority to do so by their respective parties.

The Parties further agree that e-signatures carry the same weight and effect as traditional paper documents and handwritten signatures; therefore this Agreement may be electronically signed via any e-signature service compliant with the Electronic Signatures in Global and National Commerce (ESIGN) Act and the Uniform Electronic Transactions Act (UETA) as of the Effective Date of this Agreement.