Effective Date: 09-09-2025
Last Updated: 9th of September 2025
These Terms & Conditions (“Terms”) govern the provision of marketing and related services (“Services”) by Monetization Excellence LLC (“Company,” “we,” “us,” or “our”), a Wyoming limited liability company, to you (“you,” “client,” or “customer”).
By engaging our Services, you agree to be bound by these Terms.
We provide digital marketing and consulting services, which may include (but are not limited to):
- Marketing strategy development
- Funnel building and optimization
- Email and SMS marketing
- Advertising campaign management (e.g., Google, Facebook, etc.)
- Copywriting and creative services
- Data monetization, analytics, and reporting
Specific Services to be provided will be outlined in a separate proposal, statement of work (SOW), or service agreement.
- Fees will be specified in the applicable proposal, service agreement, or invoice.
- Payments are due in accordance with the agreed billing schedule.
- Late payments may result in suspension of Services until payment is received.
- Unless otherwise agreed in writing, all fees are non-refundable.
1. Revenue Attribution
Where Services are provided on a performance or revenue-share basis (e.g., % of sales, % of revenue from email/SMS campaigns, or other performance metrics), attribution will be determined using data from the agreed platform(s), such as CRM systems, e-commerce dashboards, or tracking software.
In the absence of explicit attribution tools, reasonable industry-standard tracking and reporting methods will be used, and our calculations shall be deemed final and binding unless proven otherwise with clear evidence.
2. Payment of Revenue Share
Revenue-share payments are due within 7 days of invoice.
Delayed payments may result in suspension of Services and/or legal collection of outstanding balances.
3. No Refunds or Chargebacks
Because compensation is tied directly to measurable revenue generated, all revenue-share payments are final and non-refundable.
Client agrees not to initiate chargebacks or payment disputes for revenue-share invoices.
4. Audit Rights
We reserve the right, upon reasonable notice, to review relevant transaction data or reports solely for the purpose of verifying revenue-share calculations.
5. Minimum Term
If the engagement includes a minimum revenue-share term (e.g., 3 months, 6 months), the Client agrees to honor the full term regardless of early termination, unless otherwise agreed in writing.
1. No Bypassing of Agreement
Client agrees not to directly or indirectly circumvent Monetization Excellence LLC by engaging contractors, vendors, partners, or third parties introduced or made accessible through our Services, without our prior written consent.
2. Use of Systems and Strategies
Client agrees not to replicate, reverse-engineer, or continue to use any marketing systems, funnels, copy, automations, or processes created by Monetization Excellence LLC for the purpose of avoiding performance-based compensation or revenue-share obligations.
3. Duration of Non-Circumvention
This obligation remains in effect during the term of the engagement and for a period of twelve (12) months following termination of Services.
4. Remedies
If Client breaches this clause, Monetization Excellence LLC shall be entitled to:
- Immediate injunctive relief, and
- Recovery of lost revenue equal to the agreed revenue-share percentage of attributable sales or revenue for the full non-circumvention period.
To enable us to perform Services effectively, you agree to:
- Provide accurate and timely information, materials, and access to accounts (e.g., ad platforms, CRM, email systems).
- Ensure you have proper rights/licenses to all content you provide (logos, images, copy, etc.).
- Cooperate with us in good faith and respond to requests in a timely manner.
We are not responsible for delays or performance issues caused by your failure to meet these obligations.
- All intellectual property created by us during the performance of Services (including copy, designs, strategies, templates, and campaigns) remains the property of Monetization Excellence LLC until all fees have been paid in full.
- Upon full payment, you are granted a non-exclusive, non-transferable license to use the deliverables for your business purposes.
- We retain the right to use non-confidential work results (e.g., anonymized case studies, general strategies) for our portfolio and marketing purposes.
- Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of Services.
- Confidential information does not include information that is publicly available or rightfully obtained from third parties.
- While we aim to deliver the best possible outcomes, we cannot guarantee specific results (e.g., sales, revenue, rankings, or engagement).
- Client acknowledges that success depends on many factors outside our control, including market conditions, competition, and client implementation.
- To the fullest extent permitted by law, Monetization Excellence LLC shall not be liable for any indirect, incidental, or consequential damages arising from the Services.
- Our total liability, if any, shall not exceed the total amount you paid to us for the Services in the preceding three (3) months.
- Either party may terminate the Services by providing written notice in accordance with the service agreement.
- Termination does not relieve you of the obligation to pay for Services already rendered.
- Certain obligations (confidentiality, intellectual property, payment of outstanding amounts) survive termination.
- These Terms are governed by the laws of the State of Wyoming, USA.
- Any disputes shall be resolved in the state or federal courts located in Wyoming.
- You agree to attempt informal resolution by contacting [email protected] before pursuing formal legal remedies.
- We may update these Terms from time to time. Updates will be posted on our website with a revised “Last Updated” date.
- Continued use of our Services after updates constitutes acceptance of the revised Terms.
Monetization Excellence LLC
Email: [email protected]
Mailing Address: 5830 E 2nd St, Ste 7000 Casper WY 82609
Data Monetization the Excellence Way
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