Adzoom, Inc. specializes in marketing and advertising services to promote independent small businesses through various digital media platforms. Members will receive the products and services listed in Section I according to their membership level.
The Member warrants that they have the authority to grant the Company permission to publish all materials (artwork, photos, text, etc.) provided to the Company. The Member and the undersigned personally agree to indemnify, defend, and hold harmless the Company, its agents, directors, shareholders, and employees from any liabilities and expenses (including attorneys’ fees) arising from the Company’s use of such materials. Any photos provided by or taken for the Company are for the exclusive use of the Company for marketing and advertising purposes and may not be used elsewhere. The Company reserves the right, at its sole discretion, to edit, classify, or reject any advertising content submitted by the Member at any time.
All advertising content, including the Company’s creative efforts, illustrations, labor, composition, and materials, remains the exclusive property of the Company, including all associated copyright rights. The Member understands and agrees that they cannot authorize the reproduction, whether photographic or otherwise, of any portion of this advertising content for use in any other medium without the Company’s prior written consent.
The Member owns and assumes sole responsibility for protecting its copyrighted material (including any writings, photo realistic illustrations, etc.) provided for inclusion in its advertising. The Member warrants that it has the rights to use any trademark, trade name, or service mark as specified in the submitted copy. Furthermore, the Member warrants that it has the right to use any name, portrait, picture, or illustration included in the copy provided to the Company. The Member agrees to promptly provide written notice if it ceases to hold these rights.
The Member agrees to indemnify, defend, and hold harmless the Company from any and all claims (whether valid or not), suits, judgments, proceedings, losses, damages, costs, and expenses of any kind (including reasonable attorneys’ fees) that the Company or any of its affiliates may incur due to the publication of the Member's advertising, except where such liability arises from the Company’s gross negligence or willful misconduct.
The Member agrees that upon the expiration of this Agreement, or if the Company terminates this Agreement as outlined, the Member will immediately remove and cease using all promotional materials created by the Company.
If any paragraph or portion of this Agreement is declared invalid under local law, it is only to that extent to be omitted, and all other Terms and Conditions of this Agreement shall remain in full force and effect.
This Agreement may not be assigned without the express written consent of Company.
The Company and the Member agree that all actions arising under or in connection with this Agreement shall be under the jurisdiction of the courts of the State of Connecticut, sitting in New Haven County.
The Company makes no express or implied warranties regarding the results the Member may achieve through the products and services provided by the Company.
The pricing terms offered by the Company in connection with this Agreement constitute confidential information and may not be disclosed by either party to any third party, except as necessary to fulfill the terms of this Agreement or as required by law.
This Agreement represents the entire contract between the Company and the Member regarding the advertising described herein, superseding all prior agreements or understandings, whether verbal or written, between the parties. Both parties intend to be legally bound by this Agreement, which may only be modified through a signed written agreement by both parties.
This agreement is subject to a three (3) day right of rescission. If the Member elects to terminate the Agreement, it must be in writing via email to the same as outlined above in Section IX. If this right is not exercised this Agreement shall be in full force and effect.
The Member agrees and acknowledges that they must provide a valid debit card or credit card, to the Company for the initial payment due upon signing this agreement. This payment, based on the selected membership level, covers the cost of producing the "Power 10" Video Commercial spot and includes recurring payments according to the chosen membership level. The Member further agrees that every twenty-one (21) days from the “Membership Start Date,” the Company is authorized to charge the Member's chosen payment method for the next four (4) weeks of their membership subscription. If full payment is not made as required, the Company reserves the right to cancel the remainder of the Member’s subscription. The Member, however, will remain responsible for the full outstanding amount related to their selected membership level, along with any costs incurred in collecting the payment, including attorney fees.
The Member understands and agrees that, starting from the date this agreement is signed, a necessary period is required for producing the "Power 10" TV commercial spot and onboarding the Member into the Company’s platforms. This preparation period is expected to take approximately 6 to 8 weeks from the signing date. The membership agreement’s effective date will be the date the first commercial cable TV spot airs. For instance, if the agreement is signed on January 1 and the first TV commercial airs on January 21, then January 21 will serve as the effective date of the membership agreement.
Certain membership subscription levels include products and services: Streaming TV ads, Digital Billboards, YouTube Channel setup and management, and Email campaigns. The ones that include YouTube Channel set-up / management, and Email campaigns will commence approximately 6-8 weeks after the EFFECTIVE DATE and will continue until the expiration of the Member’s subscription agreement. The ones that include Digital Billboards the campaign will commence approximately to 6-8 weeks after the EFFECTIVE DATE and will continue until the expiration of the Member’s subscription agreement. If, at the time of a Member's subscription agreement expiration, they have not yet received all the products and services included in their subscription, those products and services shall continue beyond the expiration date until the Member has received the full allocation of TV commercials, email campaigns, billboard appearances, and YouTube management as outlined in their subscription agreement.
A member may cancel their membership by submitting a written notice of cancellation to Adzoom within 30 days of their next recurring payment date. This notice must be sent via either:
The notice of cancellation must clearly state the Member's Name, Company Name, Account Representative, and notice of intent to terminate services. Upon receipt of a valid cancellation notice within the specified timeframe, the Company will process the cancellation request and cease charging any future recurring payments. Any services already paid for will continue until the end of the current billing period.