Growth Marketing Services Agreement

This Growth Marketing Services Agreement ("Agreement") shall be deemed effective as of the date of signing by and between the Company (the client engaging RevStreem's services, "The Company") and RevStreem ("RevStreem," "The Agency," "we," "us," or "our"). By signing a proposal or engaging RevStreem's Services, The Company agrees to be bound by this Agreement.

Recitals

The Company has requested growth marketing and performance marketing services as described in the applicable Proposal. There is a mutual understanding that the specific mix of services and strategies will continue to evolve throughout the term of this agreement as campaigns are tested, data is gathered, and priorities shift.

RevStreem is engaged in the delivery of performance marketing, paid advertising, search engine optimization, organic social media management, analytics and tracking, growth strategy, and related services, and holds all the tools and expertise necessary to carry out this agreement.

The Company wishes to engage RevStreem as an independent contractor for the purpose of delivering the growth marketing services described in the Proposal.

RevStreem is, for the sake of this agreement, an independent contractor and under no condition shall be considered an employee of the Company.

1. Who We Are

RevStreem is a growth marketing agency. References to "RevStreem" or "The Agency" in this Agreement refer to RevStreem as the entity providing the Services described in the Proposal.

2. Description of Services

RevStreem provides performance marketing services including, but not limited to, Paid Social advertising, Google Ads management, SEO & AEO, Growth Strategy, Analytics & Tracking, Organic Social Media Management, and Growth Operations. The specific scope, deliverables, and fees for any engagement are governed by the Proposal accepted by The Company. This Agreement governs all such Services and controls in the event of any conflict with marketing materials or verbal representations.

3. Deliverables & Compensation

Services are provided on a monthly retainer basis at the fee set forth in the Proposal. The monthly retainer is billed in advance, automatically charged to the payment method on file at the start of each billing cycle. The first payment is due at the time of signing and authorizes RevStreem to begin work immediately.

Any third-party costs incurred on behalf of The Company — including but not limited to advertising spend, paid software subscriptions, stock media, and paid placements — are the sole responsibility of The Company and are separate from RevStreem's retainer fee, unless explicitly included in writing.

Invoices paid via credit card may have applicable processing fees. Any invoice or subscription payment that fails will be retried automatically. Accounts with payment failures outstanding for more than 14 days will have active campaign management paused until payment is received. Any failed payments outstanding for more than 30 days will incur an additional 10% fee for each month the balance remains overdue.

4. Term & Termination

This agreement shall become effective as of the date the Proposal is signed and will continue on a rolling monthly basis until terminated. Either party may request termination with 30 days' written notice delivered via email.

Upon termination, RevStreem will complete any work in progress through the end of the current billing period and submit a final invoice for any outstanding amounts. Upon receipt of final payment, RevStreem agrees to transfer access to all ad accounts, analytics properties, content assets, and third-party accounts established on The Company's behalf under this agreement, without delay.

5. Agency Responsibilities

RevStreem shall deliver the growth marketing services outlined in the Proposal with the necessary time, skill, and staffing required to produce quality results. RevStreem will leverage a variety of marketing technologies, advertising platforms, analytics tools, and AI-assisted software to execute campaigns.

RevStreem will provide regular performance reporting as agreed in the Proposal. RevStreem will not make material strategic changes to active campaigns without communicating the rationale to The Company.

6. Company Responsibilities

The Company shall provide timely access to all accounts, platforms, assets, and information reasonably required by RevStreem to deliver the Services, including but not limited to: advertising platform accounts, website access, brand guidelines, creative assets, and product or service details. Delays caused by The Company in providing required access or approvals may delay deliverables and are not RevStreem's responsibility.

The Company is ultimately responsible for confirming that RevStreem's understanding of their business, products, and target audience is accurate before campaigns are launched. The Company is responsible for ensuring that all content, offers, and advertising claims are truthful, compliant with applicable laws, and appropriate for their industry.

7. No Guarantee of Results

Marketing performance is influenced by many factors outside RevStreem's direct control, including market conditions, competitor activity, platform algorithm changes, advertising platform policies, and The Company's own business operations, pricing, and product. While RevStreem works to drive measurable growth and reports transparently on performance, RevStreem does not guarantee specific results, rankings, revenue, traffic, leads, or return on investment. Case studies and metrics referenced in the Proposal are illustrative of past outcomes and are not a guarantee of future performance.

8. Pause Policy

If The Company needs to temporarily pause services, RevStreem must be notified in writing with at least 14 days' notice. Agreed pauses will suspend active campaign management but the monthly retainer remains due unless RevStreem expressly agrees in writing to suspend billing. If no communication is received from The Company for 14 or more consecutive days and no prior pause arrangement has been made, RevStreem may reduce or pause active work until contact is re-established. Reactivating a lapsed or terminated engagement may require a restart fee as determined at the time of re-engagement.

9. Future & Expanded Services

Upon the completion or continuation of this agreement, The Company shall have the option to engage RevStreem for expanded or adjusted services. Changes to the monthly retainer scope require at least 30 days' written notice and a mutually agreed updated Proposal.

10. Non-Solicitation

During the term of this agreement and for a period of 2 years after its termination, The Company shall not directly or indirectly solicit, hire, or entice away any employees, contractors, or team members of RevStreem. This includes, but is not limited to, offering employment or contracting opportunities to any person who provided services under this agreement.

11. Confidentiality

RevStreem agrees to hold all materials, data, business information, and strategies shared by The Company at the highest level of confidence. This is inclusive but not limited to customer data, trade secrets, know-how, financial information, marketing strategies, and technical systems.

RevStreem may reference The Company as a client in its portfolio, case studies, and marketing materials (including the high-level results of the engagement) unless The Company requests otherwise in writing.

Both parties agree that neither will make any false, negative, or disparaging statements about the other party to others or online.

12. AI-Assisted Services

RevStreem's services may incorporate AI-assisted tools for tasks including but not limited to copywriting, audience research, ad creative generation, keyword research, and performance analysis. The Company understands that AI tools are probabilistic systems capable of generating inaccurate, incomplete, or unexpected outputs. All AI-assisted outputs used in live campaigns are reviewed by RevStreem's team before deployment, however The Company is ultimately responsible for approving any creative, copy, or strategy before it is published on their behalf.

RevStreem cannot guarantee that AI-generated outputs will be factually accurate, stable over time, or consistent with prior results, and bears no liability for errors or consequences arising from AI tool behavior or third-party AI provider changes.

13. Warranties

This agreement is legally binding and enforceable as such. The services performed by RevStreem shall be done in a legally acceptable manner and shall not violate any applicable local or federal laws and regulations. RevStreem shall remain responsible for its own employees and contractors engaged under this agreement.

RevStreem warrants that the marketing services and content produced under this agreement will not knowingly infringe on any trademarks, copyrights, or third-party rights. In the event RevStreem becomes aware of any potential infringement, it will promptly notify The Company and work to resolve the matter.

14. Intellectual Property

All creative assets, ad copy, reports, and content produced specifically for The Company under this agreement are owned by The Company upon full payment of all amounts due. RevStreem retains ownership of all proprietary methodologies, frameworks, software tools, processes, templates, and internal systems used to deliver the Services, and may continue to use and develop these across other client engagements.

The Company acknowledges that any text, photos, trademarks, designs, or other materials provided to RevStreem are The Company's rightful property and that The Company holds all necessary permissions for RevStreem to use them in marketing activities.

15. Third-Party Services

The delivery of Services may rely on third-party advertising platforms, analytics tools, CRM systems, and software (including but not limited to Google, Meta, TikTok, LinkedIn, and analytics providers). RevStreem is not responsible for changes in third-party platform policies, algorithm updates, account suspensions imposed by platforms, or downtime of third-party services. The Company acknowledges that platform-level decisions are outside RevStreem's control and waives any liability against RevStreem related to those decisions.

16. Governing Law

This Agreement shall be deemed to be made in the State of Massachusetts and shall be governed by and construed in accordance with the laws of that State.

17. Severability

The provisions of this Agreement shall be severable. If any portion of this Agreement is held or declared to be illegal, invalid, or unenforceable, such finding shall not affect any other provision, and the remainder of this Agreement shall continue in full force and effect as though such portion had not been contained herein.

18. Dispute Resolution

The Company and RevStreem agree that all potentially litigable claims or controversies arising from this Agreement shall be submitted to binding arbitration before a mutually acceptable arbitrator. If the parties cannot agree upon an arbitrator, the claim shall be arbitrated by a single arbitrator appointed by the American Arbitration Association.

The Company and RevStreem shall each pay one-half of the arbitration costs. Neither party shall be obligated to pay the other's attorney fees or costs incurred on its own behalf, other than as may be awarded to the prevailing party by the arbitrator.

Each party shall be entitled to serve up to 5 written discovery requests (any combination of interrogatories, requests for admissions, and requests for production of documents) and to take up to 3 depositions. The parties may modify these provisions by mutual agreement. Both parties acknowledge they are waiving their rights to a jury trial or court trial, as well as their rights to appeal.

19. Limitation of Liability

The Company agrees that the maximum liability of RevStreem and any of its directors, employees, affiliates, or agents under any circumstances for direct damages arising out of or related to this Agreement shall be limited to the total amount of fees paid by The Company to RevStreem in the six (6) months preceding the claim.

In no event shall RevStreem be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of revenue, profits, goodwill, or data. The Company acknowledges that RevStreem is not responsible for the inherent limitations of third-party advertising platforms, analytics tools, or software services used to deliver the Services.

20. Indemnification

The Company shall indemnify and hold RevStreem harmless from any and all claims, losses, expenses, liabilities, or fees arising from The Company's negligence, breach of this agreement, unlawful advertising claims, or materials provided by The Company to RevStreem for use in campaigns.

21. Force Majeure

Neither party shall be considered in default or breach of contract in the event of any delay caused by circumstances beyond their reasonable control, including acts of God, fire, flood, pandemic, acts of government, war, terrorism, or widespread platform outages. The affected party is expected to notify the other party promptly and provide an estimated resolution timeline.

22. Entire Agreement

This Agreement, together with the signed Proposal, constitutes the complete and final agreement between the parties and supersedes any and all prior agreements, representations, or understandings whether written or oral.

Contact

Questions about this Agreement can be directed to [email protected].