These terms and conditions govern your use of the Brand Search USA website and any related products and services.
1. Website Terms of Use
By accessing and using the Brand Search USA website located at brandsearchusa.com (the “Website”), you agree to abide by the following terms of use:
1.1 Account Registration
To access certain exclusive content and services offered on our Website, you may need to create an account and register for a membership. You agree to provide true and accurate registration information.
1.2 Intellectual Property
All proprietary content, information, trademarks, copyrights, logos and brand elements on the Website are owned or licensed by Brand Search USA. You may not modify, publish, license, transmit, participate in transfer or sale of, reproduce, create derivative works from, distribute, repost, perform, display or in any way commercially exploit any of our intellectual property in whole or in part without express permission from Brand Search USA.
1.3 User Content
By posting, uploading, sharing or otherwise transmitting content to the Website, you grant Brand Search USA a perpetual, worldwide, non-exclusive license to use, reproduce, modify, distribute, publish and display such content for any commercial or non-commercial purpose. You represent and warrant that you have all required rights and permissions to do so.
1.4 Acceptable Use
You agree not to use the Website to post or transmit any material that violates any laws, regulations, rights or other proprietary interests. This includes but is not limited to:
- Copyright, trademark or patent protected material
- Threatening, harassing, defamatory, obscene or indecent content
- Viruses, worms, corrupted files or any other software that may damage the operation of a computer
- Materials restricted by privacy laws unless you have explicit authorization
- “Spamming” or repetitive information used for commercial promotion
Violations may lead to account termination or legal action.
1.5 Linking to Our Website
You may provide links to the Website provided you do not imply any sponsorship, endorsement or affiliation with Brand Search USA where none exists. The Website may not be framed or linked to from any sites containing prohibited content.
1.6 Third-Party Links and Content
The Website may contain links to third-party websites and content. Such content is made available for your convenience only and is not under the control or ownership of Brand Search USA. We are not responsible for third-party content linked from our Website. If you access any third-party resources linked from the Website, you do so at your own risk.
1.7 Termination of Access
We reserve the right to deny, suspend or terminate access to all or part of the Website with or without notice for any conduct that violates these terms of use or applicable law, or is otherwise harmful to our interests.
1.8 Disclaimers
You understand that your use of the Website is at your sole risk. The Website and all its content are provided on an “As Is” basis without any warranties of any kind. Brand Search USA disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Brand Search USA does not warrant that the Website will operate error-free, continuously, or that it is free of viruses or other harmful components. To the fullest extent permitted by law, we will not be liable to you for any damages whatsoever arising out of the use of or inability to access or use the Website.
1.9 Applicable Law
These Website Terms of Use shall be governed by the laws of the State of California without respect to conflicts of law provisions. Any disputes, actions or proceedings arising out of or related to these Terms or your access to or use of the Website must be brought in the state or federal courts located in San Francisco County, California and you consent to personal jurisdiction in those courts.
2. Digital Marketing Services Terms
These Digital Marketing Services Terms apply when you purchase or engage our brand management, online marketing or digital advertising services as a client of Brand Search USA.
2.1 Services Scope
Brand Search USA will provide digital marketing services to you as described in our executed Statement of Work (SOW) or other ordering documentation referencing these Terms. Any changes must be agreed in writing. Services are for your internal business purposes only.
2.2 Intellectual Property
Brand Search USA grants you a limited, non-exclusive, non-transferable license to use deliverables provided as part of the services for the duration of our engagement. We retain all ownership in our proprietary methodologies, templates, platforms, designs and other intellectual property.
2.3 Client Responsibilities
You agree to cooperate with us fully and provide timely access to any required systems, information and personnel to allow us to deliver the services outlined in the SOW. Failure to meet your responsibilities under an SOW may impact project delivery schedules.
2.4 Confidentiality
We will keep your confidential business information private except where required by law. You will not disclose the terms of our agreement or make any public announcement regarding our business relationship without prior consent.
2.5 Fees and Payment
You will pay fees set forth in the SOW. Payment is due 30 days from the invoice date. Late payments may incur interest charges. Taxes are your responsibility. You will reimburse reasonable travel costs incurred in performing onsite services. Expenses exceeding $500 require pre-approval.
2.6 Term and Termination
Our agreement begins on the SOW effective date and continues until all services are completed or the agreement is terminated early. Either party may terminate for cause with 30 days written notice for uncured material breach. You must pay for all services rendered through the termination date.
2.7 Representations and Warranties
Each party represents and warrants that it has full authority to enter this agreement. Brand Search USA warrants it will provide services in a professional and workmanlike manner. THESE ARE THE EXCLUSIVE WARRANTIES. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE PROVIDED.
2.8 Limitation of Liability
Brand Search USA will not be liable for any special, indirect, punitive, incidental or consequential damages arising from our services. Our total liability for any damages will not exceed fees paid over the prior six months.
2.9 Indemnification
You agree to fully indemnify and hold harmless Brand Search USA from any third-party legal actions, damages, liabilities, costs, and expenses arising from your unlawful conduct, violations of rights or breach of this agreement.
2.10 Governing Law
These Digital Marketing Services Terms will be governed under the laws of the State of California without regard to conflicts of law principles.
2.11 Severability
If any provision of these Terms is held invalid or unenforceable, all other provisions will remain in effect and an enforceable provision will be substituted reflecting our intent as closely as possible. The failure to enforce any provision will not constitute a waiver.
3. Ecommerce Website Design Terms
These additional terms apply for ecommerce website design services provided by Brand Search USA.
3.1 Ecommerce Platform
We will build your website on a standard ecommerce platform like WooCommerce or Shopify. Custom platform development or migration from existing platforms are not included unless specified in your SOW.
3.2 Design Proofs and Revisions
Our proposal includes 2 rounds of revisions to website design proofs before development begins. Additional revision rounds may incur fees.
3.3 Site Content
You will provide all website content including product data, images and text. We can create and license stock photos for an additional fee.
3.4 Payment Processing
The website will be integrated with a standard payment gateway that you set up and provide credentials for. Payment gateway, transaction fees and PCI compliance are your responsibility.
3.5 Site Launch
Upon design approval, we will provide you with a staging site for User Acceptance Testing. After any required changes, we will migrate the site live based on a mutually agreed launch schedule.
3.6 Domain Registration
Domain registration is your responsibility but can be arranged for an additional fee if required. We typically cannot transfer or migrate existing domain names.
3.7 Site Changes
Post-launch changes to site content, functionality, design or platform may require a change order and additional fees. Ongoing maintenance and hosting are outside of project scope.
3.8 Abandoned Shopping Cart
The site can be configured with an abandoned shopping cart recovery system for an additional monthly fee. Standard setup includes abandoned cart email reminders only.
4. Search Engine Optimization Terms
These additional terms apply when Brand Search USA provides ongoing search engine optimization (SEO) services.
4.1 Keyword Research
We will collaborate to develop an initial list of relevant keywords and phrases to target with SEO. We do not guarantee rankings for any particular terms. The ongoing keyword list should be refreshed quarterly.
4.2 Rank Tracking
We will monitor search engine rankings in Google for your important target keywords. This excludes paid search and map rankings. We will provide quarterly rank reports.
4.3 Content Strategy
Our monthly SEO fees include consulting on your website content strategy. We do not write or produce content unless the SOW provides for copywriting.
4.4 Link Building
We will build high-quality links pointing to your website through ethical techniques like content marketing to improve domain authority. Any links should fall within Google’s webmaster guidelines.
4.5 Technical Optimization
We will perform periodic technical SEO audits and make recommendations for improving site performance, security, markup, etc. Implementing these are your responsibility or can be contracted separately.
4.6 Algorithm Updates
We strive to adapt SEO strategies to Google’s evolving search algorithms. However, we cannot guarantee rankings due to changes outside of our control like search engine algorithm updates.
4.7 Term
Given long-term nature of SEO, we recommend a minimum 6 month term to see measurable results in rankings and traffic. Month to month terms are available but may show limited progress.
5. Paid Search Advertising Terms
These additional terms apply to Paid Search Advertising management services from Brand Search USA.
5.1 Accounts and Budgets
We require read-only access to your search engine advertising accounts to setup campaigns and manage ongoing optimizations. You remain accountable for account billing and all advertising charges accrue to your accounts.
5.2 Campaign Setup
During setup we will configure account components like billing settings, tracking, ad extensions and more based on best practices for your accounts. Any limits we apply are to safeguard your budget.
5.3 Targeting
We will research and test different audience targeting methods seeking the best performing options over the course of a campaign. Early optimizations may require casting a wider initial net to gather data.
5.4 Ad Copy
Our fees cover ad copywriting services for initial campaign launch and ongoing optimizations. If you prefer to provide your own ad content, we must approve it to ensure quality standards.
5.5 Landing Pages
We will review your existing site pages and make landing page optimization recommendations as needed to increase conversions from paid ads. Implementing these are your responsibility unless provided for separately.
5.6 bid Management
We use advanced bid strategies tailored to your goals and AI-based bid optimization tools. Bids are set dynamically in an effort to achieve target Cost Per Acquisition (CPA) goals.
5.7 Account Monitoring
We monitor account daily for billing errors, underperforming ads, click fraud, low budget notices and other issues. Budget pacing alerts are sent when significant variances are detected.
Thank you for reviewing these terms that govern your use of our website, digital marketing services and other offerings from Brand Search USA. We are excited to partner with you to achieve your brand building and online marketing goals. Please contact us if you have any questions about these terms.
