Terms & Conditions
Last Updated: March 12, 2021
Unless otherwise specified, any changes or modifications will be effective immediately upon posting on the website. Your continued use of War Room’s services after such time will constitute your acceptance of such changes or modifications.
War Room provides digital advertising services on a local, national and international basis. As such, we submit information on your behalf to providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, Facebook, YouTube, and other sites. The terms and conditions of these providers all apply. War Room will not share your information with any business other than in the course of securing paid advertising services on your behalf.
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort services), or other sexually oriented material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Lingerie websites
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at War Room’s’ discretion)
- Illegal Gambling, gaming, lotteries, and like activities Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language.
- Aids to pass drug tests or aids to pass lie detector tests.
- Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism,
- Piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
- MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons.
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling of email accounts or hosting accounts to third parties.
- Reselling of any War Room’s services to third parties without a written reseller agreement.
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
- Links to other sites that are in violation of War Room’ policies and guidelines
- Other activities, whether lawful or unlawful, that War Room deems to be in poor taste or that reflect adversely on War Room or War Room’s other clients
Upon the contingency which War Room accepts a contract for services on this list, any and all work performed will be compensated regardless of approval by Google, Bing, Yahoo, or any other outside agency.
All monthly fees are due before the end of each calendar month.
Any overdue amounts will bear interest at a rate equal to 5% per month.
All credit card payments require a 3% processing fee.
If a project is cancelled prior to the campaign planning, no cancellation fee is incurred. If a project has commenced, the cancellation fee is 15% of the remaining ad spend.
If an account becomes 45 days past due, all campaign activities will be paused until payment is made and the account is current. At 90 days past due, the account is to be handed over to collection.
The Client agrees to pay War Room compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the Service Agreement as applicable. Payments shall be made on the schedule set out in the agreement.
Marketing and advertising programs may be paused if payment has not been made by payment due date; re-initiation fees may apply.
Pre-Payment for Media / Liability for Payment
Where Client has engaged War Room to execute digital advertising on its behalf, and Client is not paying for the media/advertising directly to the advertising/media vendor, War Room must receive payment for the media/advertising prior to the media/advertising running. (War Room will typically issue an invoice for ad budget and ad management services the month before the ad is scheduled to run.)
If War Room does not receive payment for both the media budget and the media management fees, it may, at its discretion, choose to cancel or pause the media until payment is received. If War Room has not received payment for the media/advertising but nonetheless allows the media/advertising to run, Client will remain responsible to War Room and/or the advertising/media vendor for payment of the same, notwithstanding the existence of any Service Agreement between War Room and the advertising/media vendor. If an advertising/media vendor seeks payment from War Room for media that Client has not paid War Room for, Client agrees that it will execute any documents requested by War Room and/or the media/advertising vendor to assume liability for payment.
Where Client is providing ad creative and content, Client shall be responsible for obtaining all required licenses, permissions and/or approvals for use of such content. Client warrants and agrees that where it has provided content to War Room, it has full legal authority to use such content and/or has obtained the required licenses, permissions, and/or approvals and warrants that such content is not in violation of any third party’s copyright(s), trade or service marks or other intellectual property rights. Further, client assumes responsibility for the accuracy, spelling and truthfulness of all content it provides to War Room. All Client-provided content including all pre-existing trademarks and copyright material, shall remain the sole property of Client, and Client shall be the sole owner of all rights in connection therewith. Client hereby grants to War Room a nonexclusive, nontransferable license to use, reproduce, and modify the Client Content solely in connection with War Room’s performance of the services and the production of the deliverables.
- War Room accepts no responsibility for policies of advertising networks, third-party search engines, directories or other websites that War Room may submit to with respect to the classification or type of content it accepts, whether now or in the future. Client’s website or content may be excluded or banned from any third-party resource at any time if their policies are not adhered to. Client agrees not to hold War Room responsible for any liability or actions taken by third-party resource under this Agreement.
- War Room does not guarantee position, consistent positioning, or specific placement for any particular paid search keyword, phrase or search term. Client acknowledges that War Room’s past performance is not indicative of any future results client may experience.
- Client acknowledges that advertising campaigns may be subject to the individual advertising network’s policies and procedures. Changes to these policies may require added resources employed by War Room to adhere to these changes. The Client may be charged an additional fee for making these updates, based on the hourly rate of $180 per hour.
- Client acknowledges that any advertising networks, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
- Client acknowledges that advertising networks may drop listings from its database for no apparent or predictable reason. War Room shall re-submit resources to the advertising network based on the current policies of the search engine in question.
- War Room will endeavor to make every effort to keep Client informed of any changes that War Room is made aware of that may impact any of the Paid Media Campaign and Strategy and the execution thereof under this Agreement.
- Client acknowledges that War Room cannot guarantee the exact placement of Client’s advertising; its availability or availability related to the funds in the Client’s account.
- Any forecasting metrics provided to Client are estimates based on industry knowledge and advertising network projected forecasts.
- If War Room executes Service Agreement as it relates to advertising placements, each Service Agreement will list the type and amount of deliverables, the maximum amount of money to be spent, and the flight dates of advertising placements. War Room cannot be held accountable for the exact delivery, inventory and/or performance of ad campaigns projected in an IO due to these being third party forecasts.
- When applicable, Third Party Ad Server tags will be implemented so that they are functional in all aspects. War Room cannot be held to reporting accuracy without the ability to install appropriate tagging on all digital assets.
- When reporting is delivered by War Room, data is provided directly based on the ad network’s currently available data. If reporting is delivered before 30 days after the campaign has ended, all data may not have time to be collected and exact accuracy can be affected.
- Breach. Either party may terminate this Agreement in the event of a material breach by the other party if such breach continues uncured for a period of thirty (30) calendar days after written notice of the breach.
- Either Party may, in its sole discretion, terminate this Agreement in the event the other party files for bankruptcy, or is subject to involuntary bankruptcy.
- If Client seeks to cancel media earlier than the date set forth in any media contract or Service Agreement, Client may reallocate a portion of the budget, or delay the campaign up to 3 months from the start of the original campaign with no fees incurred. If a project has commenced, the cancellation fee is 15% of the remaining ad spend.
WAR ROOM STRIVES TO EXCEED CLIENT EXPECTATIONS, HOWEVER, SINCE MARKETING RESULTS CAN BE INFLUENCED BY VARIOUS EXTERNAL FORCES OUTSIDE OF WAR ROOM’S CONTROL, WAR ROOM CANNOT GUARANTEE SPECIFIC RESULTS OR RETURN ON INVESTMENT.
This Terms and Conditions of Service represent the parties’ entire agreement with regard to War Room’ provision of services. Agreement with these terms and conditions is upon signature of War Room’s Service Agreement, and it will be binding upon you and your successors.
If any portion of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions or the provisions in the Services Agreement. The Service Agreement entered into between the parties and applicable change orders, together with these Terms, constitutes the entire agreement between the parties as it pertains to the matters in that Service Agreement and supersedes any oral discussions, written communications or draft agreements that occurred prior to execution of that Service Agreement. Notwithstanding the foregoing, to the extent that War Room and Client have executed more than one Service Agreement throughout their relationship, each of those Service Agreements, along with their corresponding Terms, shall be treated separately and remain in full force and effect according to their individual terms.