TERMS OF SERVICE

Last Updated: May 24, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ENGAGING THE SERVICES PROVIDED BY BRANDON HOFER, YOU AGREE TO BE BOUND BY ALL TERMS, CONDITIONS, AND POLICIES INCORPORATED HEREIN BY REFERENCE.

These Terms of Service ("Agreement" or "Terms") govern the contractual relationship between Brandon Hofer ("Agency", "we", "us", or "our") and the individual or legal entity executing an onboarding agreement or digital statement of work for advertising asset management services ("Client", "you", or "your").

1. Scope of Agency Services

The Agency operates strictly as an independent fulfillment contractor providing professional setup, optimization, and administration of third-party digital advertising campaigns on behalf of the Client. The Agency does not purchase leads, generate advertising for its own internal business use, or resell pre-generated traffic. All service activities are executed purely as fulfillment labor directed toward the Client’s dedicated accounts or designated business properties. Specific lead validation criteria and baseline billing milestones shall be detailed in your individual digital Onboarding Document.

2. Commercial Terms, Pay-Per-Lead Fulfillment Model, & Mobile Messaging

a. Pay-Per-Lead Service Fees: The Agency's professional compensation is calculated strictly on a Pay-Per-Lead (PPL) performance fulfillment model. The specific definition of a qualified client lead generated by our management efforts and the flat service rate per lead shall be mutually agreed upon in writing via the client onboarding portal or individual invoice schedules prior to campaign activation.

b. Invoicing and Due Dates: Invoices for management labor are generated and delivered to the Client on a biweekly basis (every fourteen days). All invoices are due immediately upon receipt.

c. Late Payment Interest: Any service fee balance remaining unpaid after its due date shall automatically accrue interest at a rate of nineteen percent (19%) per month, compounded monthly, calculated from the date payment was due until paid in full.

d. Suspension of Services: If any biweekly service invoice remains unpaid for more than forty-eight (48) hours past delivery, the Agency reserves the absolute right to pause management operations and suspend all active client campaigns immediately without liability for loss of business, market position, or lead volume.

e. Mobile Disclosures & SMS Terms: By providing your phone number and onboarding as a client, you expressly consent to receive administrative, billing, and transactional text messages (SMS) from Brandon Hofer. Message frequency varies based on project activity. Message and data rates may apply. You may opt-out of mobile communications at any time by replying STOP to any message received. For system configuration help or assistance, reply HELP or contact [email protected].

3. Client Media Spend and Platform Billing

The cost of distribution and media placement on advertising networks is completely separate from the Agency's service management fees. Client is required to link their own valid, authorized credit card directly to their respective ad network accounts. All media spend, network transactional charges, and network taxes are billed directly by the platforms to the Client’s card to fund the Client's campaigns. Under no circumstances does the Agency pay, finance, or cash-flow ad spend for the Client, nor do we run ads on our own corporate financial accounts.

4. Creative Control and Operational Autonomy

By entering into this agreement, the Client explicitly delegates 100% total creative, tactical, and operational control to the Agency to manage their campaign properties. This includes, but is not limited to, copy selection, image and video asset utilization, headline testing, demographic targeting variations, landing page structure, and structural campaign configurations. The Agency is not required to seek pre-approval from the Client before publishing, altering, or launching ad creatives or variations within the Client's advertising pipeline. The Client warrants that any brand guidelines or assets provided to the Agency are licensed for open creative execution.

5. Asset Ownership

Ownership rights regarding ad accounts, data tracking pixels, lookalike audiences, and custom configurations managed during the tenure of service shall be determined as follows:

Unless expressly agreed otherwise in writing in the onboarding document, digital assets, custom tracking scripts, and campaigns built inside accounts exclusively financed by the Client belong to the Client, subject to full payment of all outstanding service invoices.

In scenarios where the Agency deploys its proprietary landing page templates or underlying proprietary system architecture to route incoming leads directly to the Client, those structural templates remain the 100% exclusive intellectual property of the Agency.

6. Absolutely No Performance Guarantees

Digital marketing is subject to volatile platform algorithms, audience market changes, and competitive pressures. The Agency provides professional skill, labor, and industry expertise but makes NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES regarding absolute campaign performance, specific Return on Ad Spend (ROAS), financial profit, fixed lead volumes, structural cost-per-lead caps, or structural conversion metrics. All management services are rendered on an "as-is, where-is" professional execution basis.

7. Term, Renewal, and Termination

a. Month-to-Month Term: This Agreement operates on a continuous month-to-month rolling basis, renewing automatically on each monthly anniversary of service initiation.

b. Standard Notice Period: Except as provided in Section 7(c), either party may terminate this Agreement at any time by giving exactly thirty (30) days' formal written notice to the other party. Invoices will continue to be generated on a PPL service basis for any validated leads delivered during the 30-day wind-down notice period.

c. Initial 30-Day Trial Period Exception: The 30-day formal notice requirement does not apply during the initial thirty (30) days of the Client’s engagement (the "Trial Period"). During this Trial Period only, the Client may terminate the contract immediately upon written notice, provided that all outstanding PPL service fees accumulated up to the exact time of cancellation are settled immediately.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Brandon Hofer be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to loss of profits, loss of data, platform account suspensions, or operational business interruption, arising out of or in connection with the optimization services provided, even if advised of the possibility of such damages. The Agency’s cumulative liability for all claims related to this agreement shall not exceed the total service amounts actually paid by the Client to the Agency during the thirty (30) days immediately preceding the event giving rise to liability.

9. Governing Law and Jurisdiction

This Agreement, its interpretation, performance, and any disputes arising out of or relating to it, shall be governed exclusively by, and construed in accordance with, the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. Both parties irrevocably attorn to the exclusive jurisdiction of the courts located in Calgary, Alberta for the resolution of any legal proceedings.

10. Severability and Complete Agreement

If any provision of these Terms is found to be invalid or unenforceable by an Alberta court of competent jurisdiction, the remaining provisions shall continue in full force and effect. These Terms, alongside your specific digital onboarding configuration, constitute the entire legal service agreement between Brandon Hofer and the Client, superseding any prior verbal or written understandings.

Contact and Notice Information:

Business Name: Brandon Hofer

Address: 398 Cove Road, Chestermere, Alberta, T1X 1J6, Canada

Email: [email protected]

Phone: 403-826-8115