General / Lead / Integrated Marketing Plans Agreement

Effective Date: January 01, 2023

Parties Involved:

• Global Presence Enterprises, LLC
  • Address: 8362 Pines Blvd #116, Pembroke Pines, Florida 33024
• Client
  • Address: As listed on the invoice.

Global Presence Enterprises, LLC ("Global Presence") and the Client (as listed on the invoice) may be referred to individually as a "Party" and collectively as the "Parties."

1. Scope of Activities

The Parties agree to engage in the marketing activities specified in Appendix A. The obligations of both Parties, as outlined in Appendix A, serve as valid and valuable consideration for this Agreement.

2. Reporting

Global Presence will provide the Client with a weekly report of relevant data (traffic, sales, revenues, etc.) within ten (10) days after the end of each calendar week during the term of this Agreement.

3. Tracking of Users

Global Presence will implement reasonable tracking mechanisms to allow the Client to accurately track users linking from Global Presence’s site to the Client’s site and purchasing the Client’s services.

4. Licenses

The Client grants Global Presence a non-exclusive, non-transferable, royalty-free license to use the Client’s trade names, trademarks, logos, and service marks ("Marks") in connection with the performance of this Agreement. Global Presence agrees not to alter or modify the Client's Marks and acknowledges that any use of the Marks will not confer any ownership rights to Global Presence. The license to use the Client's Marks will immediately cease upon termination of this Agreement.

5. Term and Termination

• Term: This Agreement shall be in effect for the length specified in the proposal and invoice, beginning on the Launch Date when the Client's promotional offer is presented live on Global Presence’s website. The Agreement will automatically renew for successive terms unless terminated as outlined below.

• Termination for Cause: Either Party may terminate this Agreement if the other Party materially defaults in the performance of its obligations and fails to remedy such default within thirty (30) days after receiving written notice. Grounds for immediate cancellation include but are not limited to, breach of any term of this Agreement, insolvency, or reputational damage caused by either Party.

• Termination for Convenience: Global Presence may terminate this Agreement for any reason after the initial term with one (1) day’s prior written notice.

• Effect of Termination: Upon termination, all obligations incurred before termination shall remain in effect. Global Presence will cease all use of the Client's technology and Marks and return or destroy all copies of confidential information.

• Auto-Renewal: This Agreement will automatically renew for periods of the same length as the initial term unless either Party provides written notice of termination at least thirty (30) days before the expiration of the current term.

6. Warranties and Disclaimer

• Warranties: Each Party represents and warrants that it has the full corporate right and authority to enter into this Agreement and that this Agreement will constitute a valid and binding obligation.

• Disclaimer: Except as expressly outlined in this Agreement, neither Party makes any representations or warranties, including any implied warranties of merchantability or fitness for a particular purpose.

7. Confidentiality

• Protection of Information: The Parties may share confidential information, which each Party agrees to keep confidential and use only to fulfill its obligations under this Agreement. Disclosure of such information is limited to a strict need-to-know basis.

• Injunctive Relief: Any breach of confidentiality may cause irreparable harm, entitling the non-breaching Party to seek injunctive relief.

• Survival: The confidentiality obligations under this Agreement will survive its termination.

8. Publicity

All public announcements regarding the relationship outlined in this Agreement shall be subject to prior review and approval by both Parties.

9. Miscellaneous

• Notices: All notices must be in writing and sent via U.S. Express Mail or private courier service with confirmed receipt.

• Entire Agreement: This Agreement represents the entire understanding between the Parties and supersedes all prior agreements.

• Waiver: No waiver of any provision shall be effective unless in writing.

• Force Majeure: Neither Party shall be liable for failure to perform due to causes beyond their control, including acts of God, pandemics, and other emergencies.

• Headings: Section headings are for convenience and have no legal effect.

• Amendments and Severability: Any amendments must be in writing. The remaining provisions shall remain in effect if any provision is found invalid.

• Assignment: This Agreement shall be binding upon and inure to the benefit of each Party's successors and assigns. Neither Party may assign this Agreement without the other Party's written consent.

• Independent Contractors: The Parties are independent contractors, and this Agreement does not create any partnership or employment relationship.

• Governing Law: This Agreement is governed by Florida law, with legal actions to be brought in Florida state or federal courts.

• Non-Exclusive Arrangement: The Parties can enter into similar agreements with other entities.

• Construction: Any conflicting provisions will be restated to reflect the Parties' original intentions.

• Records: The Parties will maintain relevant records for one year following the termination of this Agreement.

• Software Ownership and Usage: Unless otherwise specified, Global Presence retains full ownership rights to any software created or managed on behalf of the Client. The Client has no ownership rights unless explicitly stated in the Agreement.

• Auto-Renewal: Each term will automatically renew unless terminated with 30 days written notice.

• Acceptance: The Client agrees to these terms by checking the "I Agree to the Terms and Conditions" checkbox when accepting a proposal or contract or paying the invoice.

10. Plan Subscription Details

The following plan subscriptions are available under this Agreement:

1. Starter Plan Monthly A: $55 Max
2. Starter Plan Monthly B: $65 Max
3. Starter Plan Monthly C: $75 Max
4. Mature Plan Monthly A: $90 Max
5. Mature Plan Monthly B: $110 Max
6. Mature Plan Monthly C: $130 Max
7. Elite Plan Monthly A: $150 Max
8. Elite Plan Monthly B: $1170 Max
9. Elite Plan Monthly C: $1170 Max

The Client agrees to the selected plan and the maximum monthly fees outlined in the proposal or invoice. The client can request plan upgrades or downgrades; subsequent invoices will reflect any changes. All plans have a 1-hour minimum and maximum based on their plan(s) choice.

11. Other Terms and Conditions

In addition to the terms outlined above, the Client acknowledges and agrees that the terms and conditions available at https://gp.marketing/terms also apply to this Agreement. The Client is encouraged to review these additional terms, which are integral to this Agreement.

Appendix A: Party Responsibilities & Payment Terms

The responsibilities and payment terms of Global Presence and the Client are outlined in the proposal and invoice.

By entering this Agreement, the Client acknowledges and accepts the terms and conditions outlined above, including the plan subscription details, the link to additional terms, and associated fees.

See Plan Examples: Integrated Marketing Plans