Captain Marketing

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Captain Marketing strongly believes in supporting those that support him. So please take a moment of your precious time to tell him who to reward. I heard about Captain Marketing from

Start-Up Fee Details

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Recurring Monthly Fee Details

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Note: Checking or Savings Account orders can only be accepted for United States banks. Orders drawn on accounts with non-US banks will be rejected

Terms and Conditions

Online CM Agreement 

1. Services to be performed.  Captain Marketing agrees to perform Internet marketing consulting services (the “Services”) on Buyer's behalf, according to the Services selected as part of this online sign-up process.  Captain Marketing agrees to provide the Services to Buyer each month in exchange for the fees set forth/filled-in above.

2.  1st Page Google Guarantee.  Captain Marketing guarantees to achieve 1st page Google search results for your business for at least one approved keyword phrase within 30-days of your approval or your money back.  If at anytime within 30-days of your approval of the Captain Marketing submitted keyword phrases, Captain Marketing produces 1st page Google search results for any of said keyword phrases on the Google Sponsored Links, Organic, or Local Business listing results, then Captain Marketing has satisfied the 1st Page Google Guarantee requirement, and therefore, Buyer is not entitled to any refund of any kind.

3. Term of Agreement.  This Agreement will become effective when the Buyer provides checks the box acknowledging that he/she has read and agrees to the terms and conditions contained in this Agreement, as well as provides his/her name at the final stage of this online process representing his/her digital signature thereon.  The Term of this Agreement begins from its date of execution, continues through the plan period selected above by Buyer, and shall then automatically renew on a month-to-month basis until such time as the date a party terminates this Agreement as provided below. 

4. Automatic Renewal.  This Agreement shall automatically renew on a month-to-month basis at the expiration of the Term, and the Monthly Fee shall continue until Buyer provides Captain Marketing with 30 days’ notice of Buyer’s intent to cancel.  Notice of termination shall be given only in writing to: 31222 Beach View Estates Drive, Malibu, CA  90265, or by email to: support@captainmarketing.com. 

5. Early Termination for 6-Month Term Monthly Plans or Longer.  Buyer acknowledges that the Set-up Fee does not cover Captain Marketing’s actual set-up cost, which cost is subsidized over time by the Monthly Fee.  Buyer further acknowledges that the Monthly Fee for non-Month-to-Month plans is discounted to reflect the stream of payments Captain Marketing will receive.  Buyers with plan periods of six months or longer may terminate this Agreement at any time before the end of the Term upon payment of an early termination fee equal to 3 months’ Captain Marketing’s Monthly Fee in effect for Month-to-Month plans as it existed at the time this Agreement  was executed.  Buyer must give 30 days’ written notice of such early termination according to the procedure set forth in Paragraph 3, above.

6. Payment.  In consideration for the Services to be performed by Captain Marketing, Buyer agrees to pay Captain Marketing a campaign management and consulting Set-up Fee, plus a Monthly Fee for the duration of the term.  The Set-up Fee and the first Monthly Fee are due upon execution.  The second Monthly Fee shall be paid one month after this Agreement is executed, and subsequent Monthly Fee payments shall be paid by the same day each successive month.

7. Payment Continued.  For Pay-Per-Click Buyers Only: Captain Marketing shall manage Buyer’s third-party reimbursable Internet costs such as pay-per-click service charges from Google Adwords and Yahoo Local, as well as online directory costs that Captain Marketing directly sets up on Buyer’s behalf (“Buyer’s Managed 3rd Party Expenses”).  Buyer agrees to pay directly for any cost incurred for Buyer’s Managed 3rd Party Expenses, and shall provide Captain Marketing with credit card account information to pay such expenses.  Such expenses shall not exceed the Monthly Maximum amount set forth above in any given month without written authorization by Buyer; however, Captain Marketing’s Set-up Fee and/or Monthly Fees shall not be included in the calculation of Buyer’s Managed 3rd Party Expenses.  Captain Marketing has no obligation to manage Buyer’s Managed 3rd Party Expenses when Buyer is in default under this Agreement.

8. Late Fees.  Late payments by Buyer shall be subject to late fees of 1.5 % per month from the due date until the amount is paid.  Any EFT payment returned or rejected by Buyer’s bank shall be subject to a $30 NSF fee payable by Buyer to Captain Marketing.  Captain Marketing has the right to discontinue Services without notice to Buyer if any payment becomes delinquent by more than 30 days. 

9. Intellectual Property Ownership.  Captain Marketing will provide Buyer its marketing systems, procedures, website designs and elements, and/or other expertise (“Work Product”).  Captain Marketing grants Buyer a royalty-free nonexclusive worldwide license to use the Work Product for the purpose of marketing and selling Buyer’s products and services. The license shall have a term that expires at the time this Agreement terminates and is conditioned upon full payment of the compensation due Captain Marketing under this Agreement.  Captain Marketing retains all other rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in the Work Product.

10. Captain Marketing's Reusable Materials.  Captain Marketing owns outright, and/or owns a license to use and sublicense, various materials in existence before this Agreement’s date of execution (“Captain Marketing's Materials”). Captain Marketing may include Captain Marketing's Materials in the work performed under this Agreement.  Captain Marketing retains all rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in Captain Marketing's Materials.  Captain Marketing grants Buyer a royalty-free nonexclusive license to use any Captain Marketing's Materials incorporated into the work performed by Captain Marketing under this Agreement. The license shall have a term running concurrently with the term of this Agreement and shall not be transferred by Buyer.

11. Exclusive Agreement, Modifications, Waivers, Severance.  This is the entire Agreement between Captain Marketing and Buyer.  Any modifications to this Agreement must be in writing, and signed by both parties, except for a change in the monthly maximum Buyer’s Managed 3rd Party Expenses, which may be transmitted by Buyer to Captain Marketing by e-mail without a signature.  Any waiver shall not be effective against any party unless in writing executed on behalf of such party.  In the event that any of the provisions of this Agreement shall be held by a court to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.  
 
12. Warranty.  Buyer must report any deficiencies in Captain Marketing's services to Captain Marketing in writing within 30 days of performance to receive warranty remedies.  Software bugs are to be expected and addressed under the terms of this Agreement.  Buyer's exclusive remedy for any breach of the above warranty shall be the re-performance of Captain Marketing's services. If Captain Marketing is unable to re-perform the services, Buyer shall be entitled to recover the fees paid to Captain Marketing for the deficient services.

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE PRIOR TO THIS AGREEMENT.

13. Limited Liability.  Captain Marketing's total liability to Buyer under this Agreement for damages, costs and expenses shall not exceed the compensation received by Captain Marketing under this Agreement.  

NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR THE OTHER'S LOST PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.

14. Notices.  All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows:
• When delivered personally to the recipient's address as stated on this Agreement;
• Three days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated on this Agreement; or
• When sent by email to the last email address of the recipient known to the person giving notice.
Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.

15. No Partnership.  This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other's behalf.

16. Applicable Law and Venue.  The laws of the State of California shall govern this Agreement.  The venue for any legal action to enforce the terms of this Agreement will be in Los Angeles County, California and both parties expressly submit to the jurisdiction of the state and federal courts located in Los Angeles County, California.

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888.297.9977 |

866.366.2079 |

info@captainmarketing.com

Captain Marketing’s Secret Hideout: 4505 Las Virgenes Canyon Blvd. Suite 117, Calabasas, CA 91302 U.S.A.