Saint Charles, IL 60174
1.1 Client engages Mynt Agency (Mynt), and Mynt Agency accepts such engagement, to perform Digital Advertising Campaign Services (“Campaign Services”) in one or more Advertising Campaigns.
1.2 Mynt Agency provides Campaign Services during monthly periods (“Campaign”). Upon the end of a Campaign, another Campaign will automatically initiate until Client provides Mynt 15-days notice that Client will not initiate the next Campaign. Client acknowledges that Mynt’s engagement and management of Campaign Services requires Mynt to engage and contract for the performance of services and use of technology on a per-campaign basis, and Mynt ‘s costs associated with these obligations are not immediately terminable or avoidable by Mynt without appropriate notice, and that the notice period for any termination or non-renewal of future Campaigns is a material requirement for Mynt.
2.1 Client will assign an employee of Client to facilitate Mynt performance of the Campaign Services and serve as Mynt ‘s primary contact person for all interactions with Client. Unless otherwise agreed, Mynt will have no obligation to interact with any third party in the performance of Campaign Services for Client.
2.2 Client will provide a current and final version of Client’s branding style guide for the use in the creation of Client’s advertising media. In the event Client does not provide a style guide to Mynt for Mynt ‘s performance hereunder, Client agrees to pay Mynt $150.00 per man hour for all modifications, revisions and new iterations of media created by Mynt.
3.1 In exchange for the performance of Campaign Services, Client will pay Mynt monthly fees (a “Campaign Fee”). Campaign Fees are calculated monthly either flat monthly fee (based on hourly rate) or by percentage of spend or both, at a minimum as specified in the “Mynt Media Fees” portion of the proposal document. Hourly fees and Client’s Total Advertising Spend is calculated in accordance with the Spending Tiers as defined in the “Mynt Media Fees” portion of the proposal.
“Total Advertising Spend” means the total and aggregate of all Client’s advertising purchases within all marketing channels managed by Mynt, regardless of whether Mynt, Client or a third party manages such advertising purchases as determined on a monthly basis. Mynt will determine the Total Advertising Spend and calculate the Campaign Fee based upon Mynt ‘s access to the Client’s marketing channel advertising accounts.
3.2 Mynt will invoice Client on a monthly basis, and all Campaign Fees are due before the first day of the month in which Mynt will perform the Services. Invoices may include adjustments for prior months after the final calculation of the Total Advertising Spend of the preceding months is determined by Mynt. All flat monthly rates are due at the start of each billing period. All payments will be made in United States Dollars, and Client will make payment for all Campaign Fees by automated clearing house (ACH) transfer, wire transfer, or by check. We do accept Credit Card upon request, however Mynt will add a 3% surcharge.
3.3 In the event Client’s account with Mynt becomes past due, all amounts due and unpaid will accrue interest at the interest rate of one and one-half percent, per month, of the total unpaid amounts due and owing, compounded monthly. Client’s unpaid balance will be determined by taking the beginning balance of Client’s account for each month, adding any new charges, and subtracting any payments and credits made to Client’s account. Mynt will then multiply this amount by the applicable monthly periodic rate of two and one-half percent to complete the late charge for Client’s account that month.
3.4 If it becomes necessary for Mynt to institute litigation or arbitration to collect sums owed by Client, Client will be responsible for all attorneys’ fees and collection costs incurred by Mynt in connection with such litigation or arbitration should a judgment or award be entered in Mynt’s favor.
4.1 This Agreement shall commence on the Effective Date and remain in force for 12 months. At any time, client may request cessation of all advertising campaigns by providing 15 days notice to Mynt. Either party will have the right to immediately terminate this Agreement for cause by giving written notice to the other party in the event that such party: (i) files a petition in bankruptcy, is adjudicated bankrupt or insolvent, makes an assignment for the benefit of creditors or an arrangement pursuant to any bankruptcy law, discontinues its business or a receiver is appointed and such receiver is not discharged within thirty days; and (ii) after having received a notice of breach hereof, fails to cure such breach and provide the other party notice of such cure within sixty days from the date of the other party’s written notice.
4.2 In the event Client terminates access to Client’s marketing channel advertising account, Client agrees that Mynt may utilize the highest Total Advertising Spend previously incurred by Client in any prior month for purposes of calculating Client’s Total Advertising Spend in the current month.
Mynt’s performance hereunder will conform with industry standards. With exception of the foregoing, Mynt hereby disclaims and excludes all warranties, representations and guarantees, express and implied. No third party is intended to be nor be deemed a third party beneficiary hereto, and Client will indemnify, defend and hold Mynt harmless from any and all third party beneficiary claims arising hereunder.
6.1 Client is solely responsible for the operation, function, up-time connectivity, accessibility, use and security of Client’s websites, content management systems, blogs, web and mobile applications, and all other digital and online assets and tools utilized by Client, and all data and content therein (collectively, the “Client Platform”). Mynt shall have no liability for any loss or damage: (i) to the Client Platform; (ii) arising from or relating to Mynt’s access or use of the Client Platform; and/or (iii) arising from or relating to the damage, malfunction or loss of use of the Client Platform except in the case of gross negligence on the part of the Mynt team.
6.2 Unless otherwise provided, Client is solely responsible for the deployment and implementation of technologies and tools within the Client Platform, including, without limitation, the deployment of pixel trackers.
6.3 Mynt shall have no liability or responsibility for any delay, lost opportunity, lost profits, or loss of any investments arising from or relating to Client’s failure to make any adjustments, modifications, or improvements to the Client Platform as reasonably requested by Mynt or as required for Mynt’s performance hereunder.
6.4 Client assumes the sole responsibility, and Mynt shall have no liability for Client’s compliance with all policies, rules and regulations of the applicable social media platforms for which Mynt will perform Campaign Services. Client will provide Mynt any and all notices from the social media platforms applicable to all content posted by Mynt. Any action by a social media platform caused by Client’s action or inaction resulting from any suspension or termination of advertising through such social media platform, including, without limitation, all actions and inactions prior to the Effective Date hereof shall not suspend or otherwise relieve Client of its obligations hereunder.
Neither party will be liable for any failure or delay in its performance hereof to the extent such failure or delay is due to an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, riot, war, sabotage, labor dispute or other causes beyond the reasonable control of such party.
How many customers are you losing by having a disjointed, poorly executed marketing strategy? Are you overpaying for your media and wrapped up in high agency fees?