Not ready for signature. Agreement growth-v1 still has 11 blank(s) to fill in: CLIENT LEGAL NAME, GROWTH MONTHLY, GROWTH SPLIT, GROWTH CAP, GROWTH BUDGET, GROWTH TERM, and 5 more. Nobody can sign it until the final text is in content/agreements/growth-v1.md.

Growth agreement

This is an agreement between Ember Media LLC ("Ember") and [to be set]CLIENT LEGAL NAME ("you") for local advertising and local search work.

It is written to be read. If a sentence in it is not clear, ask before you sign it.

What you are agreeing to

Ember manages advertising for your business. You pay Ember a monthly fee and a share of revenue from new customers we can trace back to that work.

Your figures are shown on the quote you are signing from, and they are repeated here:

  • A monthly fee of [to be set]GROWTH MONTHLY.
  • A share of [to be set]GROWTH SPLIT of revenue from tracked new customers.
  • That share is never more than [to be set]GROWTH CAP in any one month.
  • A planned advertising budget of [to be set]GROWTH BUDGET a month, in your own

accounts.

  • A minimum of [to be set]GROWTH TERM months, after which you can stop at any time

with thirty days' notice.

[to be set]TERM SENTENCE

1. Your ad money stays yours

Your advertising money stays in your own Google and Meta advertising accounts. You pay those platforms directly. Ember manages how the budget is spent and never holds it, never invoices you for it, and never takes a percentage of it as a markup.

You can see every dollar of it in your own ad accounts, and the spend we record is shown in your Ember portal beside your results.

2. Ember does not guarantee results

Ember does not guarantee more customers, more revenue, a particular position in search results, or any return on what you spend.

Advertising can cost more than it brings in. That is true of all advertising and it is true of this. If you are not able to carry a few months where it does not pay for itself, this is not the right thing for you to buy.

3. You are responsible for your ad spend

You decide your budget and you pay the platforms. Ember is not responsible for the money you spend on advertising, for the results it does or does not produce, or for decisions the advertising platforms make: approvals, rejections, suspensions, policy changes or price changes are theirs and not ours.

If a platform suspends your account, Ember will help you work out why and what to do, and cannot promise to get it back.

4. What Ember is liable for

Ember's total liability to you under this agreement is limited to the fees you have paid Ember in the three months before the claim.

Nothing in this agreement limits liability that the law does not allow to be limited, including for fraud or for death or personal injury caused by negligence.

5. How the share is counted

The share is counted on a new customer's first paid visit or order, and only when all of these are true:

  • They reached you through something Ember was running or managing, and we

can show the click, the call or the form that brought them.

  • Their first paid visit or order happened within 90 days of that first

contact.

  • You have seen the row in your Ember portal and confirmed it.

Anything you dispute is excluded while the dispute is open, and Ember will show you what the row was based on.

The share is never charged on a customer you already had, on a repeat visit, or on revenue Ember cannot trace. In any one month the share is never more than [to be set]GROWTH CAP, however good the month was.

6. Stopping, and changing your mind

This runs for a minimum of [to be set]GROWTH TERM months. After that you can stop at any time by giving thirty days' notice, and you keep everything Ember has built for you.

You can raise or lower your advertising budget whenever you like, and you can change the share. Either of those changes the monthly fee, so it is a new agreement and you sign it again. Nothing changes until you do.

Signing

By typing your full name below you are agreeing to the whole of the above. Ember records your name, the date and time, your IP address and the exact text of this agreement as you were shown it, and emails you a copy.

Signed by: [to be set]CLIENT LEGAL NAME Date: [to be set]DATE