AGREEMENT FOR RETAINER & LINK BUILDING SERVICES
For purpose of this Agreement and herein referred to as “Content” includes but not limited to website text, picture, video, or other digital content loaded onto website, social media profiles or postings, directory listings, forum directory profiles and postings, and/or any other digital content posted anywhere on the Internet, Intranet, or Computer Network.
LINK BUILDING DEFINITION:
For purpose of this Agreement and herein referred to as “Link Building” includes but not limited to generating website links, picture links, anchor-text based links, and/or other digital link loaded onto any website, social media profiles or postings, directory listings, forum directory profiles and postings, and/or any other digital content posted anywhere on the Internet, Intranet, or Computer Network.
As a client, you unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to NEXTFLY®, LLC for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend NEXTFLY®, LLC from any claim or suit arising from the use of such elements furnished by the client. This covers any and all content already sent to NEXTFLY® and all future content that will be sent.
Upon completion of Content by NEXTFLY®, NEXTFLY® will send a confirmation email to client for approval with the Content to be displayed via Clients website.
Content can be approved one of two ways:
1.Client may send approval for Content in a reply email within (2) two business days of receipt of Content by and officer or authorized agent of the client.
2. Client may do nothing and at the expiration of (2) two business days Content will automatically be deemed approved.
Client must object to content within (2) two business days via email or in writing. Failure to object in a proper format will result in Content being displayed and subject to the indemnification clause set forth in this Agreement.
Client can terminate this agreement at any time with a 30 day written notice. Notices must be emailed 30 days prior to requested cancelation Date.
Client shall indemnify and hold harmless NEXTFLY® (and its affiliated companies, successors, assigns, and the directors, officers, employees, agents, and representatives of the foregoing) from any damage, loss, liability, cost, penalty, or expense of any kind (including attorney’s fees (hereinafter “Liability”) arising out of, resulting from, based upon or incurred because of Link Building campaigns and/or Content created and displayed by NEXTFLY Communication per this Agreement.
By using any NEXTFLY services, you agree to submit to binding arbitration. If any disputes or claims arise against NEXTFLY or its subsidiaries, such disputes will be handled by an arbitrator of NEXTFLY’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Indiana. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.