Terms of Service

By contacting MarketerFirst, submitting an inquiry, placing an order, or engaging any of our services, you ("Agency Partner," "you," or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated here by reference.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not have that authority, or if you do not agree with these Terms, do not engage our services.

MarketerFirst reserves the right to update these Terms at any time. Continued use of our services after an update constitutes acceptance of the revised Terms. See Section 12 for how we handle changes.

MarketerFirst provides white-label digital marketing fulfillment services to marketing agencies, consultants, and resellers. Our current service offerings include:

• White-Label SEO: On-page optimization, technical SEO audits, link acquisition, content strategy, and monthly performance reporting delivered under your agency's brand.
• White-Label GEO (Generative Engine Optimization): Optimization strategies designed to improve brand visibility within AI-generated search results and large language model outputs.
• White-Label PPC: Paid search campaign management across Google Ads and related platforms, including strategy, setup, ongoing optimization, and white-labeled performance reporting.

The specific scope of services for each engagement is defined in a written scope of work, proposal, or order confirmation agreed between the parties. In the event of any conflict between a specific scope document and these Terms, the scope document governs for that engagement only.

MarketerFirst reserves the right to modify, discontinue, or add to its service offerings at any time. We will provide reasonable advance notice of changes that affect active engagements.

Our services are available exclusively to businesses — specifically marketing agencies, digital consultancies, and freelance marketing professionals who resell or bundle digital marketing services to their own clients. We do not provide services directly to consumer end-users.

Eligibility Requirements

• You must be at least 18 years of age and have the legal capacity to enter into a binding agreement.
• If entering on behalf of a business entity, you must be authorized to bind that entity contractually.
• You must have a legitimate agency or consultancy relationship with the end clients whose campaigns you engage us to fulfill.

Account Information

You agree to provide accurate, current, and complete information when setting up an agency account or submitting an order. You are responsible for maintaining the confidentiality of any login credentials associated with your account and for all activity that occurs under your account. Notify us immediately at legal@marketerfirst.com if you suspect unauthorized use of your account.

MarketerFirst reserves the right to decline, suspend, or terminate any account at our reasonable discretion, including where we believe the agency relationship or end-client use case is inconsistent with our services or values.

Pricing

Pricing for all services is communicated in a written proposal or order confirmation before any work begins. Prices are quoted in US Dollars unless otherwise stated. MarketerFirst reserves the right to adjust pricing with at least 30 days' written notice to active agency partners. Price changes do not apply retroactively to work already in progress under a confirmed scope.

Payment Terms

• Invoices are issued at the cadence agreed in the scope of work (typically monthly, in advance).
• Payment is due within 14 days of the invoice date unless otherwise agreed in writing.
• Overdue invoices may accrue a late fee of 1.5% per month (or the maximum permitted by applicable law, whichever is lower).
• MarketerFirst reserves the right to pause or suspend active work on accounts with invoices more than 30 days overdue, without liability for resulting delays.

Refunds

Because our services involve significant upfront professional labor, fees for work already commenced are non-refundable. If you cancel an engagement before work begins on a particular month's scope, we will issue a prorated credit at our reasonable discretion. Questions about billing should be directed to legal@marketerfirst.com.

Taxes

You are responsible for any applicable sales, use, value-added, or other taxes arising from your purchase of services, except for taxes on MarketerFirst's net income. If MarketerFirst is required by law to collect taxes on your behalf, those amounts will be added to your invoice.

The white-label nature of our relationship is fundamental to our service model. Both parties agree to the following confidentiality obligations:

MarketerFirst's Obligations

• We will never contact your end clients directly, or identify ourselves as the fulfillment provider, without your explicit written permission.
• All deliverables — reports, audits, strategy documents, and communications — will be branded with your agency's identity or provided unbranded for you to white-label.
• We will not disclose the existence of our partnership to any third party, including in case studies, testimonials, or marketing materials, without your prior written consent.
• We will treat all information about your clients — names, domains, campaign data, business strategies — as strictly confidential.

Agency Partner's Obligations

• You agree to keep confidential MarketerFirst's pricing, service methodologies, internal processes, and any proprietary information shared during the engagement.
• You will not disclose to end clients that MarketerFirst is the fulfillment provider, unless you receive our prior written consent.

These confidentiality obligations survive the termination of the engagement for a period of three (3) years, except where disclosure is required by law.

Deliverables

Upon receipt of full payment for an engagement, MarketerFirst assigns to you all right, title, and interest in the deliverables created specifically for your clients' campaigns — including reports, content, and strategy documents. You may use, modify, and present these deliverables under your own brand without restriction.

MarketerFirst's Proprietary Materials

MarketerFirst retains all intellectual property rights in its underlying methodologies, frameworks, templates, tools, software, systems, and processes used to produce deliverables ("Proprietary Materials"). The assignment of deliverables above does not transfer any rights to the Proprietary Materials themselves.

Your Materials

You retain all rights to any materials, brand assets, data, or content you provide to MarketerFirst for the purpose of fulfilling your engagement. You grant MarketerFirst a limited license to use those materials solely to perform the services described in the scope of work.

Your Website and this Content

Nothing in these Terms grants you any right to use the MarketerFirst name, logo, or brand in any manner without prior written consent. Similarly, MarketerFirst will not use your agency's name or brand without your prior written consent.

You are the primary relationship holder with your end clients. MarketerFirst acts as your fulfillment partner — not as an agent of, or direct service provider to, your clients. As such, you accept the following responsibilities:

• Client agreements: You are responsible for having appropriate agreements in place with your end clients covering the scope, pricing, and expectations of services you resell. MarketerFirst is not a party to those agreements.
• Accurate information: You are responsible for providing MarketerFirst with accurate, complete, and timely information about your clients' campaigns, goals, access credentials, and any relevant constraints. Delays or errors caused by inaccurate information are your responsibility.
• Client expectations: You are responsible for setting realistic expectations with your end clients regarding timelines, results, and the nature of digital marketing services. MarketerFirst cannot be held liable for commitments you make to your clients that exceed what MarketerFirst has agreed to deliver to you.
• Access & permissions: You are responsible for obtaining and maintaining any necessary access (website credentials, ad account access, Google Analytics, etc.) required for MarketerFirst to perform the services.
• Lawful use: You agree not to engage MarketerFirst to perform services for clients or campaigns that violate applicable law, infringe third-party rights, promote illegal activity, or violate platform terms of service (e.g., Google Ads policies).

MarketerFirst provides services on a professional best-efforts basis. However, digital marketing outcomes — including search engine rankings, organic traffic, ad performance, and AI visibility — are influenced by many factors outside our control, including search engine algorithm changes, competitive landscape shifts, client website changes, and platform policy updates.

We do not guarantee specific rankings, traffic levels, lead volumes, or revenue outcomes. Any projections or estimates we provide are good-faith assessments based on available information and historical patterns — they are not contractual commitments.

To the maximum extent permitted by applicable law, MarketerFirst provides its services "as is" and "as available" without warranty of any kind, express or implied. We disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We commit to:

• Delivering services with reasonable professional skill and care
• Communicating proactively about material issues or changes affecting your campaigns
• Providing transparent, accurate reporting on work completed and campaign performance

To the maximum extent permitted by applicable law, MarketerFirst's total cumulative liability to you for any claim arising out of or related to these Terms or the services — whether in contract, tort, or otherwise — will not exceed the total fees you paid to MarketerFirst in the three (3) months immediately preceding the event giving rise to the claim.

In no event will MarketerFirst be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, loss of goodwill, loss of data, or business interruption — even if MarketerFirst has been advised of the possibility of such damages.

Specific Exclusions

• Penalties, claims, or losses arising from your end clients due to commitments you made to them beyond the scope agreed with MarketerFirst
• Losses resulting from algorithm changes, platform policy updates, or market conditions outside our control
• Delays or service quality issues caused by your failure to provide accurate information, necessary access, or timely approvals

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

Termination by Either Party

Either party may terminate an ongoing engagement by providing 30 days' written notice. During the notice period, both parties will continue to fulfill their obligations — MarketerFirst will continue to deliver services, and you will continue to pay for them.

Termination for Cause

Either party may terminate immediately if the other party:

• Materially breaches these Terms and fails to cure the breach within 14 days of written notice
• Becomes insolvent, makes an assignment for the benefit of creditors, or enters bankruptcy proceedings
• Engages in fraud, willful misconduct, or illegal activity in connection with the services

Effect of Termination

Upon termination: (a) all outstanding invoices for work completed through the termination date become immediately due and payable; (b) MarketerFirst will provide a final deliverable summary and transition materials within a reasonable timeframe; (c) each party will promptly return or destroy confidential information of the other party upon request. Sections 5, 6, 9, and 11 of these Terms survive termination.

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.

Informal Resolution First

Before initiating any formal dispute process, both parties agree to make a genuine effort to resolve disagreements informally. Either party may initiate this process by emailing legal@marketerfirst.com with a clear description of the issue. The parties will meet (by phone or video) within 14 days to attempt resolution in good faith.

Binding Arbitration

If informal resolution fails, any dispute arising from or related to these Terms will be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English. The arbitration will be held in Florida or by video conference. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

You agree that any claim must be brought in your individual capacity, not as a plaintiff or class member in any purported class action or representative proceeding.

MarketerFirst may revise these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page.

For material changes — those that meaningfully affect your rights or obligations — we will provide at least 30 days' advance notice via email to active agency partners before the new Terms take effect. Your continued use of our services after that date constitutes acceptance of the updated Terms.

For non-material changes (clarifications, corrections, formatting), updates take effect immediately upon posting. If you disagree with any updated Terms, your remedy is to stop using our services and provide termination notice as described in Section 10.

Previous versions of these Terms are available upon request — email legal@marketerfirst.com.