SEO Contract $349

DIGITAL ADVERTISING & MARKETING SERVICES AGREEMENT

THIS AGREEMENT is made between Mark Gonzales Consulting (DBA - On The Mark Digital) (“the Company”) and (“the Customer”).

Monthly SEO Subscription Plan Price: $349 per month

Recitals

The company has experience and expertise in the development of Search Engine Optimization (“SEO”) Strategies for Web Pages, Websites, Pay-Per-Click, and other Computer Networks.
Customer desires to have the Company develop and deploy Search Engine Optimization Strategies, custom programming, keyword optimization, and other services as outlined in Exhibit B, attached herein (the “Specifications”).
The company desires to develop the Customer’s SEO Strategy and Services on the terms and conditions outlined in Exhibit A attached herein (“the SEO”).

Agreements

In consideration of the mutual covenants outlined in this Agreement, Customer and Company hereby agree as follows:

Development of Strategy and Optimization Services. The company agrees to create, install, manage, develop, and employ custom SEO strategies according to the terms listed in Exhibit A attached hereto.
Specifications. The company agrees to complete the SEO tasks under the Specifications within each SEO package as defined by the Company. The company will commence SEO tasks on the following URL only:
Delivery Dates and Milestones. The company will use reasonable diligence in the development of the SEO services and endeavor to deliver to the Customer all deliverables and milestones monthly. The customer acknowledges, however, that delivery deadlines are estimates, and are not required delivery dates. The company will be retaining all documents, source code, keyword lists, and other assets employed or created for the Customer during the execution of this agreement. The customer will only receive the output formats of the Company's work where applicable. Customer shall retain all of its intellectual property rights in any text, images, or other components it owns and delivers to Company for use in the SEO services rendered under this agreement.
Services Agreement Length. The customer acknowledges the following length of this agreement by SEO Plan Selected as a Month-to-Month Agreement. This agreement shall be set forth and considered binding for the term length of "month to month".
Expiration & Cancelation. The customer shall have the option, to cancel this agreement by providing a 30-day written notice of intent to cancel this agreement via an email addressed to help@onthemarkdigital.com. The Customer acknowledges that this agreement shall remain binding in the event the Customer fails to submit a written request notice to cancel SEO Services. The Customer acknowledges
Pricing. The customer acknowledges that the Company reserves the right to adjust the term length pricing according to the month-by-month term. If the Customer chooses to sign a new SEO Services Agreement term greater than a Month by Month term Customer shall be entitled to the pricing thereof and the new SEO Services Agreement term shall take effect.
Services Intent. SEO services are intended to provide the Customer with possible increased positioning in selected search engines. SEO services may include, but are not limited to:

Keyword Selection

The Company and Customer will agree together on which keywords will be used. The number of Keywords that will be tracked per this agreement: 100 (25 Base Keywords, 25 Base Keywords + City, 25 Base Keywords + Near Me, 25 Base Keywords + County).

Web Page Edits and Custom Programming

The Company will edit the Customer’s existing Web Pages to include various HTML tags, content, text, or other elements as deemed necessary by the Company to aid submissions to selected search engines and directories.

The Company may employ proprietary positioning techniques, coding, and other resources, as it deems necessary to improve the Customer’s positioning. Company reserves the right to create specially coded Web Pages to prevent competitors from copying code or any resources employed by the Company. Customers will have the ability to approve or disapprove any client-facing or structural website changes before going live.

Services

Company may create custom reports for traffic and positioning of Customer’s Web Site, Web Pages, and any additional Web Sites or custom Web Pages created by Company under this Agreement. The company may provide detailed reports and shall endeavor to provide the reports to the Customer promptly. Customer acknowledges that any reports provided by the Company are to be considered estimates based on industry-standard reporting software and techniques and shall never be construed as an exact counting of every submission. The company will provide editing services and continue to adjust all Web Pages, keywords, and other media created under this Agreement for the duration of the purchased term of this Agreement. The company may develop and maintain regular monitoring and reporting on search engine placement and SEO performance. Reports may be provided to the Customer monthly.

The Customer acknowledges the following:

The Company accepts no responsibility for policies of third-party search engines, directories, or other Websites (“Third-party resources”) that the Company may submit to for the classification or type of content it accepts whether now or in the future. Customer’s Web Site or content may be excluded or banned from any Third-party resource at any time. Customer agrees not to hold Company responsible for any liability or actions taken by Third-party resources under this Agreement.
Customer acknowledges that the nature of many of the resources the Company may employ under this Agreement are competitive. The Company does not guarantee #1 positions, consistent positioning, “top 10 positions” or guaranteed placement for any particular keyword, phrase, or search term. Customer acknowledges that Company’s past performance is not indicative of any future results Customer may experience.
The Customer acknowledges that SEO and submissions to search engines and directories can take an indefinite amount of time for inclusion unless paid inclusion programs are employed. Each edit or change made to any resources employed by the Company will repeat these inclusion times.
The Customer acknowledges that any of the search engines, directories, or other resources may block, prevent, or otherwise stop accepting submissions for an indefinite period.
The Customer acknowledges that search engines may drop listings from its database for no apparent or predictable reason. The Company shall re-submit resources to the search engine based on the current policies of the search engine in question and whether pay inclusion programs are being used.
Company will endeavor to make every effort to keep Customer informed of any changes that Company is made aware of that impact any of the SEO Services and the execution thereof under this Agreement. The customer acknowledges that the Company may not become aware of changes to Third-party resources, industry changes, or any other changes that may or may not affect SEO services.
The Customer acknowledges that some of the Third-party resources only offer paid inclusion programs that require a fee or continued maintenance or performance fees. The Customer is solely responsible for all paid inclusion fees and must maintain adequate funds in any Third-party accounts to maintain inclusion in these resources.
Company reserves the exclusive right, for the duration of this Agreement, to approve or disapprove any design strategies, existing code, or other techniques, whether requested by Customer or presently employed by Customer that are considered by Company to be detrimental to SEO and the execution of Company’s services under this Agreement.
Compensation. For all of Company’s services under this Agreement, Customer shall compensate Company, in cash or credit card under the terms of Exhibit B attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit B by the deadline outlined in this agreement, Company has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove equipment, software, services or resources owned by Company, whether leased to Customer by Company or not (3) bring legal action. The customer agrees to provide compensation/payments to the Company on the billing day of each month, for the entire length of this agreement. Company shall provide to Customer a grace period of 5 days beyond the specified payment dates, to submit compensation/payments. Company will consider any compensation/payments past the 5-day grace period to be late, and subject to a late payment fee of $20.00. Late payment fees will be added to the current monthly due amount.
Confidentiality. Customer and Company acknowledge and agree that the Specifications and all other documents and information related to the development of SEO (the “Confidential Information”) will constitute valuable trade secrets of the Company. Customer shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without Company’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
Limited Warranty and Limitation on Damages. The customer acknowledges that the Company does not warrant that SEO will work on all platforms. The Customer acknowledges that the Company will not be responsible for the results, productivity or any other measurable metric not specified in this agreement. Customer 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 Company as outlined in Exhibit B attached hereto.
Equipment. Customer agrees to make available to Company, for Company’s use in performing the services required by this Agreement, such items of hardware and software as Customer and Company agree are reasonably necessary for such purpose. Customer agrees to make available any access to services, hosting, FTP, or other resources deemed necessary by the Company to fulfill its obligations under this Agreement.

General Provisions

Entire Agreement. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any prior agreements or understandings, written or oral, between the parties related to the SEO monthly services subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
Governing Law. This Agreement shall be governed by and construed by the laws of the State of California. Exclusive jurisdiction and venue shall be in the Sonoma County, California Superior Court.
Binding Effect. This Agreement shall be binding upon and ensure to the benefit of Customer and Company and their respective successors and assigns, provided that Company may not assign any of their obligations under this Agreement without Customer’s prior written consent.
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.
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.
No Right to Assign. Customer has no right to assign, sell, modify, or otherwise alter this Agreement, except upon the express written advance approval of Company, which consent can be withheld for any reason.
Right to Remove Resources. In the event Customer fails to make any of the payments set forth on Exhibit B within the time prescribed in this agreement, the Company has the right to remove any SEO under Company control until payment is paid in full, plus accrued late charges of 1 ½ % per month.
Indemnification. Customer warrants that everything it provides the Company to employ in SEO is legally owned or licensed to Customer. Customer agrees to indemnify and hold Company harmless from any claims brought by any third party relating to any aspect of SEO, including, but without limited to, any demands, liabilities, losses, costs, and claims including attorney’s fees arising out of injury caused by Customer’s products/services, material supplied by Customer, copyright infringement, and defective products sold via SEO. Customer agrees to indemnify Company from responsibility for problems/disruptions caused by third-party services that Customer 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 SEO or multimedia project.
Use of Material for Promotional Purposes. Customer grants the Company the right to use its work in producing SEO for promotional purposes and/or to cross-link it with other advertising developed by the Company. Customer grants Company the right to list, reference, or otherwise identify Customer as a client of Company in Company’s advertising and marketing.
No Responsibility for Loss. The company 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 SEO. The Company is not responsible for any downtime, lost files, improper links, or any other loss that may occur in the operation of SEO under this Agreement.
Right to Make Derivative Works. The company will have the exclusive rights to make any derivative works from any of its work, practices, coding, programming, or other work regarding SEO.
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.
Identification of Company. The Customer agrees that Company identification may be annotated, and remain, within the code or on the Web Site as the authors. The customer also agrees to put the Company’s copyright notices on SEO and the relevant content therein.
Transfer of Rights. In the event the Company is unable to continue maintenance of SEO services, non-exclusive rights to SEO will be granted to the Customer. Transfer of Rights does not apply to non-transferable third-party licenses and proprietary Material owned by the Developers.
Domain Name. Any domain name registered on Customer’s behalf will be made in Customer’s name for both the billing and administrative contacts. The technical contact is generally required to be the hosting ISP or Domain Registrar. The company will not register domain names in the Company name. The Customer is responsible for renewing the Customer’s domain name.

SEARCH ENGINE OPTIMIZATION SERVICES AGREEMENT

Exhibit A

Strategy and Optimization Services Outline:

SEO Site Preparation & Consulting. The website will be analyzed and optimized per standards developed by the Company and accepted by the SEO industry
SEO Review and Keyword Analysis. Keywords are to be selected with the input of Client and Company professionals. These keywords are to be optimized immediately within the first two weeks of engagement. Adjustments to the keywords outlined in this agreement can be modified anytime by submitting the changes in writing to help@onthemarkdigital.com.
Link Building Strategies and Inclusion. The company has complex link-building solutions for clients in very competitive markets. We have learned to emulate the Natural / Organic Growth of link popularity by focusing on a sequence and percentage of permanent link inclusion strategies. Some of the links will need to be reviewed and re-purchased in an annual agreement. At that time, we will review the options and evaluate these programs as they pertain to the overall strategy for your web application. We also include Article and Press Release Strategy links, Directory Links, and Metro Inclusion links. We implement quality relevant links to create and sustain a strong popularity within Google. All links created will direct to an optimal landing page relevant to your theme.
Analytics, Reporting, and Invoicing (30-day report): “On The Mark Digital” utilizes many processes to analyze data and measure the success of existing campaigns in addition to testing new practices and key phrases. Search engine algorithms change frequently and tracking statistics regarding unique visitor count, bounce rate, referring site traffic, and other important factors help create an ongoing strategy. Monthly reports can be provided showing you related benchmarks for the progress of your campaign.

SEARCH ENGINE OPTIMIZATION SERVICES PAYMENT AGREEMENT

Exhibit B

Specifications:

The 1st payment of $349 will be processed within 48 hours of the endorsement of this agreement.
Payments are collected via credit card (Visa, Mastercard, Discover, Amex) or bank debit card and stored in a secure third-party credit card processor.
Future monthly payments are automatically charged on the same day of the month as the original payment. In the event of a due date landing on a date outside of a given calendar month, the billing date will be processed on the last day of the given month.

Credit Card Authorization Form: Please complete all the fields below. You may cancel this authorization at any time by emailing help@onthemarkdigital.com. This authorization will remain in effect until canceled. By entering your credit card information and endorsing this agreement, you agree to allow Mark Gonzales Consulting (DBA - On The Mark Digital) to charge your credit card below for agreed-upon purchases. You also understand that your information will be saved to file for future transactions regarding this agreement.

Signature Of All Parties Involved. Each party represents and warrants that, on the date first written above, they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below:

EXECUTED as of the date of the Customer's endorsement below.

"The Customer"

Sign:

Date signed:

"The Company" Mark Gonzales Consulting

DBA: On The Mark Digtal

4324 Raymonde Way

Santa Rosa, CA 95404

707-933-7749

https://OnTheMarkDigital.com

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Signed by Mark Gonzales
Signed On: December 27, 2023

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December 27, 2023 11:56 am PDT

SEO Contract $349 Uploaded by Mark Gonzales - mark@onthemarkdigital.com IP 2601:645:101:4c20:1e95:55ed:3b5e:e464

December 27, 2023 11:57 am PDT

Mark Gonzales - mark@onthemarkdigital.com added by Mark Gonzales - mark@onthemarkdigital.com as a CC'd Recipient Ip: 2601:645:101:4c20:1e95:55ed:3b5e:e464