Effective Date: 11/9/25 Last Updated: 11/9/25

Agreement to Terms

Welcome to Prometheus Premier Marketing. By accessing our website at https://www.propremiermarketing.com or engaging our services, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use our website or services.

Services Overview

Prometheus Premier Marketing (“we,” “our,” “us,” or “Company”) provides AI-powered digital marketing services including:

• SEO-driven web design and development
• Digital advertising (PPC/SEA)
• Content creation and marketing
• Workflow automation and e-commerce optimization
• Marketing analytics and strategy consulting
• Related professional marketing services

Eligibility

You must be at least 18 years old and have the legal authority to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

Service Packages and Pricing

Package Tiers

We offer three primary service packages:

• Ember Package: $1,000/month – 3 services, monthly reporting, 10% discount on additional services
• Blaze Package: $1,700/month – 5 services, bi-weekly reporting, 15% discount on additional services
• Inferno Package: $3,000/month – Full service suite, weekly reporting, 20% discount on additional services

Custom Projects

Website projects, one-time campaigns, and custom engagements are priced individually based on scope, complexity, and client requirements.

Payment Terms

• Monthly retainer fees are due on the 1st of each month
• Project fees are outlined in individual proposals or statements of work
• Payment is due within 15 days of invoice date unless otherwise agreed
• Late payments may incur a 1.5% monthly interest charge
• We accept credit cards, ACH transfers, and other agreed payment methods
• All fees are in U.S. dollars

Service Agreements and Contracts

Engagement Process

1. Initial Consultation: Free discovery call to assess needs and fit
2. Proposal: Written proposal outlining scope, deliverables, timeline, and pricing
3. Agreement: Signed contract or statement of work required before work begins
4. Onboarding: Client provides necessary access, assets, and information
5. Execution: Work begins according to agreed timeline

Contract Terms

• Monthly retainer agreements require 30 days written notice for cancellation
• Project-based work is governed by individual statements of work
• Scope changes require written approval and may affect pricing and timeline
• Client is responsible for timely feedback and asset provision

Client Responsibilities

You agree to:

• Provide accurate and complete information
• Grant necessary access to platforms, accounts, and systems
• Respond to requests for feedback and approvals in a timely manner
• Provide required assets (logos, images, copy, credentials) as needed
• Comply with all applicable laws and platform policies
• Maintain confidentiality of login credentials and account access

Intellectual Property Rights

Client-Owned Materials

You retain all rights to materials you provide (logos, brand assets, existing content, proprietary information).

Work Product

Upon full payment, you receive ownership of final deliverables created specifically for you, including:

• Website designs and code
• Custom graphics and visual assets
• Written content created for your brand
• Campaign materials and ad creative

Company Property

We retain ownership of:

• Our proprietary processes, methodologies, and AI tools (“The Spark”)
• Templates, frameworks, and reusable components
• Pre-existing intellectual property
• Analytics reports and strategic recommendations (you receive license to use)

Third-Party Assets

Stock photos, fonts, plugins, themes, and other third-party assets are licensed according to their respective terms. You are responsible for ongoing license compliance.

Performance and Results

No Guarantees

Marketing results depend on numerous factors beyond our control. We do not guarantee:

• Specific rankings, traffic levels, or conversion rates
• Revenue increases or sales targets
• Social media follower growth or engagement metrics
• Advertising performance or return on ad spend

Best Efforts

We commit to applying industry best practices, strategic thinking, and diligent execution to achieve your marketing goals.

Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claim arising from our services shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not responsible for losses due to third-party platform changes, algorithm updates, or policy violations
• We are not liable for damages resulting from client-provided materials, instructions, or decisions

Indemnification

You agree to indemnify and hold harmless Prometheus Premier Marketing, its owner, contractors, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Content or materials you provide
• Your business operations or marketing practices

Third-Party Services and Platforms

Platform Dependencies

Our services often involve third-party platforms (Google, Facebook, Shopify, WordPress, etc.). We are not responsible for:

• Platform outages, changes, or discontinuations
• Policy changes or account suspensions
• Third-party fees or pricing changes
• Data breaches or security issues on third-party platforms

Your Accounts

You are responsible for:

• Maintaining active accounts and subscriptions
• Complying with platform terms of service
• Paying platform fees directly to providers
• Account security and credential management

Confidentiality

Mutual Confidentiality

Both parties agree to maintain confidentiality of proprietary information, trade secrets, and sensitive business data shared during the engagement.

Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available
• Was known prior to disclosure
• Is independently developed
• Must be disclosed by law

Termination

By Client

You may terminate monthly retainer agreements with 30 days written notice. Project-based work follows terms in the statement of work.

By Company

We reserve the right to terminate services if:

• Payment is 30+ days overdue
• You violate these Terms
• You engage in abusive, threatening, or unethical behavior
• Continuing the relationship is not feasible

Effect of Termination

Upon termination:

• You pay for all work completed through the termination date
• We deliver completed work product upon final payment
• Both parties return or destroy confidential information
• Sections regarding payment, intellectual property, and liability survive termination

Refund Policy

• Monthly retainer fees are non-refundable once work has begun
• Project deposits are non-refundable
• Unused retainer hours do not roll over month-to-month
• Refunds for project work are at our sole discretion and prorated based on work completed

Changes to Services and Terms

We reserve the right to:

• Modify these Terms at any time with notice
• Update pricing with 30 days notice for existing clients
• Change service offerings, features, or deliverables
• Discontinue services with reasonable notice

Continued use of services after changes constitutes acceptance of updated Terms.

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of [Insert Your State], United States, without regard to conflict of law principles.

Arbitration

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, rather than in court.

Exceptions

Either party may seek injunctive relief in court for intellectual property violations or confidentiality breaches.

Warranties and Disclaimers

Limited Warranty

We warrant that services will be performed in a professional manner consistent with industry standards.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Force Majeure

We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including natural disasters, pandemics, internet outages, third-party platform issues, or government actions.

Miscellaneous

Entire Agreement

These Terms, along with any signed proposals or statements of work, constitute the entire agreement between parties.

Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver

Failure to enforce any provision does not waive our right to enforce it later.

Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations to successors or affiliates.

Independent Contractor

We are an independent contractor, not an employee, partner, or agent of your business.

Contact Information

For questions about these Terms or our services, contact us:

Prometheus Premier Marketing Email: cody@propremiermarketing.com Phone: 3082493373 Website: https://www.propremiermarketing.com

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.