EVF – 30% Conversion Increase offer: Terms Of Service
LAUNCH YOUR FIRST EVF CAMPAIGN WITHOUT PAYMENT UPFRONT – OUR GOAL IS TO BOOST YOUR CONVERSION RATE BY 30% VIA AN A/B TESTING PROCESS. THIS TERMS OF SERVICE (AGREEMENT) GOVERNS YOUR 30 DAY TEST AND WILL BE CONNECTED TO A SEPARATE OCULU INSERTION ORDER. THESE TERMS WILL ALSO GOVERN YOUR PURCHASE AND ONGOING USE OF OCULU’S SERVICES. BY SIGNING THE PROVIDED INSERTION ORDER YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT (CUSTOMER) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS SERVICES AGREEMENT. CUSTOMER’S CONTINUED USE OF ANY SERVICES OF OCULU, INC. (OCULU) SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OCULU SERVICES.
This highlights the zero-risk, guarantee mechanics of your offering, without complicating the finer details.
To confirm, the package/experience you as our client receives is as follows:
- Customer signs an EVF campaign insertion order ( 3 months at $1,500 per month $4,500 total in advertising spend )
- Customer provides credit card for our file that will not be charged until after 30 days of the campaign going live
- Customer provides assets via a minimum of one :30/:15 second video ad and graphics ( preferably current display ad assets ) used for the creation of the the EVF Ad
- Oculu takes clients assets and creates an EVF Ad to serve via an ad campaign
- Oculu launches EVF campaign based on the specs provided in the insertion order ( the insertion order will be a separate document attached to these terms and conditions )
- After 30 days / one month, if the campaign does not deliver a 30% ROI boost on the previous campaign results, the client does not pay for 1x month management and is released from the contract (2x remaining months/$4,500 total cost)
- IF the campaign delivers a 30% ROI increase, the client is charged $4,500 for 3x months management – INCLUDING the initial month.
Increase in conversions is based on a/b testing the video provided by the customer and the EVF ad unit created by Oculu. An Oculu ad trafficking representative will manage the campaign and A/B test.
Reporting will be provided by Oculu weekly ( starting after 1 week of the campaign )
At the end of thirty days a review call of the campaign will take place between an Oculu account manager and client to review the conversion data / results of the first month of the campaign
Client will confirm via e-mail if they wish to continue with the campaign for another 2 months.
All EFV assets created ( the ad unit ) will remain property of Oculu and will continuously be connected to the running of media through Oculu, LLC
1. Entire Agreement.
These terms of services (together with the insertion order) constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties about the subject matter of this Agreement. In the event of any conflict or inconsistency between the Services Agreement and the Plan, the details stated in the insertion order will prevail and be controlling, and the terms and conditions in the Services Agreement will prevail and be controlling over terms set forth in Customer’s purchase. No waiver, consent or, except as expressly provided herein, modification of the insertion order shall bind either party unless in writing and signed by the party against which enforcement is sought. The failure of either party to enforce its rights under these terms and the insertion order at any time for any period will not be construed as a waiver of such rights.
2. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the state of California, USA, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. The sole jurisdiction and venue for actions related to this Agreement will be the state or federal courts located in California having jurisdiction over OCULU’s offices, and both parties consent to the jurisdiction of such courts with respect to any such action. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Except as specifically provided otherwise, each right and remedy within the insertion order is in addition to any other right or remedy, at law or in equity. Each party agrees that, in the event of any breach/non-breaching party will suffer irreparable damage for which it will have no adequate remedy at law. Accordingly,the non-breaching party shall be entitled to injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of posting any bond.
Except as otherwise provided in Section 10.2, any notice or communication hereunder shall be in writing and either personally delivered or sent via confirmed facsimile, recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other party at its address specified in the Plan, or at such other address designated in a subsequent notice. All notices shall be in English, effective upon receipt.
This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by either party without the other party’s written consent (which shall not be unreasonably withheld). However, without consent, either party may assign this Agreement to any successor to all or substantially all of its business which concerns this Agreement (whether by sale of assets or equity, merger, consolidation or otherwise). This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
6. Independent Contractors.
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Neither party will make public announcements or issue press releases relating to this Agreement or the terms hereof without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.