1800 Teague Dr. Ste. 416
Sherman, TX 75090
903.300.LEADS
903.300.5323
info@yrocconsulting.com
support@yrocconsulting.com

Terms and Conditions

Terms and Conditions for Yroc Consulting, LLC

 

  1. Definitions. “Agreement” is the signed contract, agreement, change order, renewed services agreement, or other binding document that references these Terms and Conditions. “Yroc Consulting” means Yroc Consulting, LLC. “Client” means a party that has agreed to an Order with Yroc Consulting.
  2. Independent Contractor. Client is engaging Yroc Consulting as an independent contractor for the specific project outlined in the Agreement.
  3. Warranty. Yroc Consulting does not warrant the volume of sales that the Client will make, the traffic or number of visitors that will visit Client’s websites. Yroc Consulting expressly disclaims and excludes all express and implied representations and warranties, whether statutory or otherwise. The Parties agree that, except as may be expressly provided in this Agreement, neither has made or makes to the other any representations or warranties respecting the compensation that the other may expect to earn or receive pursuant to this Agreement, or otherwise. Search engine optimization inherently runs risks of algorithmic changes or manual optimization actions by search engines. Yroc Consulting offers no guarantee or warranty of present or future placement, received traffic, or traffic improvement in any specific search engine. If Client gives Yroc Consulting control over advertising budgets and allows Yroc Consulting to make changes to budgets on their behalf, Client agrees to hold Yroc Consulting harmless from any unanticipated overspend, underspend, or budget pacing. Liability for advertising costs and payments will lie exclusively with Client. Client assumes all risks and responsibility.
  4. Liability. Yroc Consulting’s liability for default or breach, including breach of any guarantee or warranty expressed within this Service Agreement, shall be limited to the lesser of (i) the amount actually paid to Yroc Consulting by Client under this Service Agreement or (ii) ten thousand dollars. Yroc Consulting is not responsible for loss of income or projected loss of income for any reason, including, but not limited to, server failure, traffic variation, shipping cost variations, website unavailability, order decreases, search engine algorithm changes, manual optimization actions by search engines, keyword position decreases, data corruption, data breach, or data loss. Client is responsible for, and Yroc Consulting has no liability for, the content, products, services, trademarks, and other aspects of the website that are related to Client’s business, industry, and competitors.
  5. Client Cancellation. Client may cancel or downgrade the services in this Proposal after the initial six (6) month term, by submitting written notice fifteen (15) days prior to the ending month of the initial term. For cancellation or downgrade of monthly recurring services after the initial term period, Yroc Consulting only requires written notice fifteen (15) days prior to the end of the calendar month of service. Written cancellation submissions received within fifteen (15) days of the end of the recurring monthly services calendar month will occur at the end of the following monthly services calendar month. During this ending monthly services calendar month, Yroc Consulting will complete all monthly services.
  6. Changes in Fees and Plans. To keep client services and Yroc Consulting digital strategies innovative in an ever increasingly competitive and ever-changing online marketplace. Yroc Consulting annually adjusts our services packages pricing, plan and package deliverables, software subscription fees, and our hourly rates. These changes will become effective as of the first day of the renewal of your service term (unless otherwise agreed in writing with Yroc Consulting). For clients who do not have a fixed service term, the effective date will be the first day of the following month after the Change in Fees has occurred and has become visible on the yrocconsulting.com website. Yroc Consulting will notify you of a change in service pricing by email or by mail or via your customer dashboard. If you are not happy with the change, you can cancel services by following the procedure in paragraph, 5. Client Cancellation. If you don’t cancel the Services, we will assume that you agree with the change.
  7. Payment of Fees. Payments must be made promptly. Down payments are required to begin your project and ongoing services payment terms are due upon receipt. If an amount remains delinquent sixty (60) days after its due date, an additional two-percent (2%) penalty will be added for each month of delinquency. Yroc Consulting also reserves the right to remove web pages and created work from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process.
  8. Minimum Hourly Floor. Yroc Consulting needs to employ and retain talented digital marketers, developers, designers, etc., along with leveraging our technology infrastructure to keep our clients at the forefront of the industry. Yroc Consulting keeps a floor of $150 an hour, which the hourly rate of our service package & plans cannot fall under for more than a three-month span. If Yroc Consulting employee recorded time calculates to less than $150 an hour for services provided, Yroc Consulting will notify the Client that (a.) the fees for our plans & packages will be increased above company hourly rate floor levels (b.) the fees the Client is paying remain the same, but a decreased scope of work needs to be agreed on by both parties (c.) Yroc Consulting can no longer support the provided services, and both parties agree to separate at the end of the month when a notice was provided by Yroc Consulting. With Yroc Consulting completing any remaining deliverables and the Client will pay all invoices for the current month when a notice was provided and any invoices which are still open.
  9. Yroc Consulting Cancellation. Yroc Consulting reserves the right to cancel any or all provided services at any time. Yroc Consulting agrees to provide the client written notice of canceled services, software, hosting, or projects with a services end date on the last day of the month, for the month when the written notice was provided. Client agrees to pay Yroc Consulting for all services, software, hosting, projects, or portions of projects completed during the month when written notice of cancellation was provided by Yroc Consulting.
  10. Venue. For any action involving matters of this Agreement, venue shall lie in the jurisdiction where Yroc Consulting is headquartered.
  11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Yroc Consulting is headquartered, without giving effect to its conflict of laws rules.
  12. Non-Solicitation and Non-Hire. During the term of this Agreement and for a period of two (2) years following the completion of the Project and any future services, the Client shall not, directly or indirectly, solicit, recruit, or hire any current or former employee, consultant, or contractor of Yroc Consulting, or encourage any such individual to leave their employment or engagement with Yroc Consulting, without obtaining prior written consent from Yroc Consulting. This restriction applies to any form of employment, consulting, or other business relationship, whether full-time, part-time, or on a contract basis. The Client acknowledges that any breach of the non-solicitation and non-hire provision would cause substantial and irreparable harm to Yroc Consulting, and that monetary damages alone would be insufficient to compensate Yroc Consulting for such harm. Therefore, in the event of a breach or threatened breach of this provision, the Client agrees to pay Yroc Consulting liquidated damages in an amount equal to the greater of: (a) the total compensation paid by the Client to Yroc Consulting under this Agreement during the twelve (12) months preceding the breach, or (b) the total annual compensation of the solicited or hired individual at the time of the breach. The Client agrees that these liquidated damages are a reasonable estimate of the damages Yroc Consulting would incur and are not a penalty.
  13. Non-disparagement. During the term of this Agreement and for a period of three (3) years after the Termination Date of all Agreements with Yroc Consulting, both parties agree to take no action which is intended, or would reasonably be expected, to harm the other party or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the other party.
  14. Phone Calls and Web Meetings. When you are in contact with us by phone, the call may be monitored or recorded for quality assurances purposes. Your continued participation in any telephone or web meeting conversations serves as express consent to be monitored or recorded.
  15. Future Services. Future services performed for the Client as either hourly or quoted services will utilize all provisions of this Master Services Agreement.
  16. Modification. Yroc Consulting may make changes to services, products, and these Terms and Conditions at any time without notice. Your access or continued use of Yroc Consulting’s services and products subsequent to such a change will signify your assent to be bound by such changes. Client is responsible for periodically reviewing this website to review the current Terms and Conditions.
  17. Assignment. Client may not assign any Agreement or its rights and obligations under any Agreement or Terms and Conditions.
  18. Severability. The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
  19. Injunction. It is agreed that if Client violates the terms of this Agreement irreparable harm will occur, and money damages will be insufficient to compensate Yroc Consulting. Therefore, Yroc Consulting will be entitled to seek injunctive relief (i.e., a court order that requires Client to comply with any and all Agreements and these Terms and Conditions) to enforce the terms of the Agreement and these Terms and Conditions. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing all Agreements and Terms and Conditions.
  20. Survivability. Sections 10, 11, 12, and 13 of these Terms and Conditions shall survive any termination of these Terms and Conditions.
  21. No Waiver of Rights. If one Party breaches these Terms and Conditions, then the failure of the other Party to enforce any rights under these Terms and Conditions shall not be deemed a waiver of any such rights. The rights and remedies of the parties, as set forth in these Terms and Conditions, are not exclusive and are in addition to any other rights and remedies provided by law.
  22. Authorization. By digitally signing, verbally agreeing, or accessing Client Portal, Yroc Consulting’s web-based proposal, by physically signing or digitally approving an Agreement, or by agreeing to renewal or add new services verbally, I attest that I have read, understand, and agree to the above Terms and Conditions.

Yroc Consulting Affiliate Program Terms of Service

  1. Agreement. By signing up to be an Affiliate in the Yroc Consulting Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Yroc Consulting reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation.

You agree to use the Affiliate Program at your own risk.

  1. Account Terms. 
    • (i) You must be 18 years or older to be part of this Program.
    • (ii) You must live in the United States to be an Affiliate.
    • (iii) You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
    • (iv) You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
    • (v) Your login may only be used by one person – a single login shared by multiple people is not permitted.
    • (vi) You are responsible for maintaining the security of your account and password. Yroc Consulting cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
    • (vii) You are responsible for all Content posted and activity that occurs under your account.
    • (viii) One person or legal entity may not maintain more than one account.
    • (ix) You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    • (x) You may not use the Affiliate Program to earn money on your own Yroc Consulting product accounts.
  1. Links/graphics on your site, in your emails, or other communications. Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Yroc Consulting. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Yroc Consulting. You must ensure that each of the links between your site and the Yroc Consulting properly utilizes such special link formats. Links to the Yroc Consulting placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Yroc Consulting product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

  1. Referral fees/commissions and payment. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://yrocconsulting.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

  1. Identifying yourself as a Yroc Consulting Affiliate. You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Yroc Consulting or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

  1. Payment schedule. As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
  2. Customer definition. Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
  3. Your responsibilities. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
    • The technical operation of your site and all related equipment
    • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
    • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
    • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
    • Ensuring that materials posted on your site are not libelous or otherwise illegal
    • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
  1. Compliance with Laws. As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
  2. Term of the Agreement and Program. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://yrocconsulting.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Yroc Consulting reserves the right to end the Program at any time. Upon program termination, Yroc Consulting will pay any outstanding earnings accrued above $20.
  3. Termination. Yroc Consulting, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Yroc Consulting service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Yroc Consulting reserves the right to refuse service to anyone for any reason at any time.
  4. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
  5. Limitations of Liability. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
  6. Disclaimers. We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Yroc Consulting will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
  7. Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
  8. Arbitration. Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
  9. Miscellaneous. This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Yroc Consulting to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Yroc Consulting and govern your use of the Service, superceding any prior agreements between you and Yroc Consulting (including, but not limited to, any prior versions of the Terms of Service).