Legal
The Marketing Millennial LLC is a marketing strategy, automation, technology implementation, software development, and business consulting company. Our services include but are not limited to: marketing strategy, brand development, web design and development, search engine optimization (SEO), paid advertising management, social media management, content creation, CRM implementation and management, business automation, software development, and consulting services.
We operate under various brand names and platforms including TradeFlowEQ™, and may offer services through partner platforms, white-label solutions, or affiliated entities.
The specific services to be provided will be outlined in a separate proposal, statement of work, or service agreement ("Proposal") which, upon acceptance, becomes part of this Agreement. The scope of services, deliverables, timelines, and fees will be defined in the applicable Proposal.
We reserve the right to modify, update, or discontinue any service or feature at any time. We will provide reasonable notice of material changes to ongoing services. Additional services or changes to scope require a written amendment or new Proposal.
Many of our services involve the use of third-party platforms, tools, and software (including but not limited to CRM systems, advertising platforms, website builders, and communication tools). Client acknowledges that use of such platforms is subject to the respective third-party terms of service, and we are not responsible for changes, outages, or policy updates by those platforms.
All fees are outlined in the applicable Proposal. Fees are subject to change with 30 days written notice for ongoing services. Setup fees, onboarding fees, and one-time charges are non-refundable once work has commenced.
Unless otherwise specified in the Proposal: setup fees and first month's retainer are due upon signing; recurring monthly fees are billed on the same date each month; invoices are due upon receipt. Payments more than 10 days past due may result in suspension of services.
Accounts past due by more than 30 days may be subject to a late fee of 1.5% per month on the outstanding balance. We reserve the right to suspend or terminate services for non-payment. Client remains responsible for all fees incurred prior to termination.
If you believe a charge is incorrect, you must notify us in writing within 15 days of the invoice date. Undisputed portions of invoices must be paid by the due date.
This Agreement begins on the date you first engage our services and continues until terminated in accordance with these terms or the applicable Proposal.
Many service packages include a minimum commitment period as outlined in the Proposal. Early termination prior to the completion of a minimum term may result in an early termination fee equal to the remaining balance of the minimum commitment.
Client may terminate ongoing services by providing 30 days written notice, subject to any minimum commitment obligations. Termination requests must be submitted in writing via email to the account manager.
We may terminate this Agreement or any service immediately upon written notice if: Client fails to make timely payment; Client breaches any material term of this Agreement; Client engages in conduct that is harmful to our business, reputation, or other clients; or services become impossible or impractical to deliver due to circumstances beyond our control.
Upon termination, Client's access to platforms, portals, and tools managed by The Marketing Millennial may be revoked. Client will be responsible for transitioning ownership of any accounts, assets, or platforms to their own control. We will provide reasonable assistance with such transitions upon request and payment of any outstanding balances.
Client retains ownership of all content, materials, trademarks, and intellectual property provided to us for use in delivering services ("Client Materials"). Client grants us a license to use Client Materials solely for the purpose of providing the agreed services.
Upon full payment of all fees, Client will own the final deliverables created specifically for Client as outlined in the Proposal. Intermediate work product, templates, frameworks, methodologies, tools, and proprietary systems developed by The Marketing Millennial remain our property.
All proprietary systems, platforms, software, frameworks, templates, processes, and methodologies used or developed by The Marketing Millennial — including TradeFlowEQ™ and related platforms — remain our exclusive property. Client receives a limited, non-transferable license to use such tools solely during the term of active service.
Unless expressly prohibited in writing, we reserve the right to display work created for Client in our portfolio and marketing materials.
Both parties agree to keep confidential any proprietary, sensitive, or non-public information shared in connection with the services ("Confidential Information"). This obligation continues for 2 years following termination. Confidential Information does not include information that: is or becomes publicly known through no breach by the receiving party; was rightfully known before disclosure; is independently developed without use of Confidential Information; or is required to be disclosed by law.
Client agrees to: provide timely feedback, approvals, and necessary information; grant access to platforms, accounts, and tools as needed; designate a primary point of contact; ensure all content and materials provided are accurate and do not infringe third-party rights; comply with all applicable laws and platform terms of service; and not engage in any activities that could harm the effectiveness of services or our reputation.
Delays caused by Client's failure to fulfill responsibilities may result in project delays and do not relieve Client of payment obligations.
We do not guarantee specific results including but not limited to: rankings in search engines, lead generation volume, revenue increases, advertising performance, or business growth. Marketing outcomes depend on many factors outside our control including market conditions, client industry, competition, algorithm changes, and client follow-through. Past results are not indicative of future performance.
To the maximum extent permitted by law, The Marketing Millennial's total liability to Client for any claims arising from or related to this Agreement shall not exceed the total fees paid by Client in the 3 months immediately preceding the claim. In no event shall either party be liable for indirect, incidental, special, consequential, or punitive damages.
Client agrees to indemnify, defend, and hold harmless The Marketing Millennial and its officers, employees, and contractors from any claims, damages, or expenses (including reasonable attorney's fees) arising from: Client's use of our services; Client Materials; Client's breach of this Agreement; or Client's violation of any applicable law or third-party rights.
In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If not resolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. This Agreement shall be governed by the laws of the state in which The Marketing Millennial is registered, without regard to conflict of law principles.
This Agreement, together with any applicable Proposal, constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or agreements.
We may update these Terms at any time. Material changes will be communicated via email or through our client portal. Continued use of services after notice of changes constitutes acceptance.
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
Failure to enforce any provision of this Agreement does not constitute a waiver of our right to enforce it in the future.
Neither party shall be liable for delays or failures caused by circumstances beyond their reasonable control, including natural disasters, pandemics, government actions, or internet outages.
For questions regarding these Terms of Service, please contact: