IMPORTANT: THESE ARE THE PRODUCT TERMS (THESE “SEO TERMS”) PERTAINING TO CLEAR AGAIN, LLC.’S (“CONTENTFIRST.MARKETING” OR “WE”) SEARCH ENGINE OPTIMIZATION (COLLECTIVELY REFERRED TO SOMETIMES AS “SEO”). THESE SEO TERMS ARE REFERRED TO IN THE CONTENTFIRST.MARKETING MARKETING SERVICES TERMS AND CONDITIONS (THE “MARKETING SERVICES TERMS”) AND ARE INCORPORATED THEREIN.

PLEASE READ THIS CAREFULLY. YOUR EXECUTION OF AN ORDER FORM FOR MARKETING SERVICES WHICH INCLUDES THESE PRODUCTS CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE MARKETING SERVICES TERMS.

IN THE EVENT OF A CONFLICT BETWEEN THESE SEO TERMS AND THE MARKETING TERMS AND/OR ORDER FORM, THE SEO TERMS SHALL CONTROL.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE SEO TERMS AT ANY TIME. WE SHALL PROVIDE NOTIFICATION OF CHANGES IN THESE TERMS BY UPDATING THE LAST MODIFIED DATE SET FORTH ABOVE. ALL SUCH CHANGES SHALL BE BINDING UPON YOU ONCE POSTED, UNLESS SUCH CHANGES ARE MATERIAL IN WHICH CASE SUCH CHANGES SHALL NOT TAKE EFFECT UNTIL THE NEXT TIME YOU SIGN AN ORDER FORM WHICH INCLUDES THESE PRODUCTS.

Terms not defined herein shall have the meaning set forth in the Marketing Services Terms.

1. SEO Marketing Disclaimers.
   1. CLIENT ACKNOWLEDGES THAT SEO AND SEM STRATEGIES ARE CONSTANTLY CHANGING AND ARE BASED ON SEARCH ENGINE RANKING ALGORITHMS WHICH CHANGE SPORADICALLY AND ARE ENTIRELY OUTSIDE OF CONTENFIRST.MARKETING’S CONTROL.  ACCORDINGLY, CLIENT’S OR ITS CUSTOMER’S, SEARCH ENGINE RANKING MAY DECREASE BELOW ITS CURRENT RANKING OR RANK INCONSISTENTLY DURING THE TERM OF THIS AGREEMENT; AND CONTENTFIRST.MARKETING SHALL HAVE NO LIABILITY FOR SUCH DECREASES OR FLUCTUATIONS.  CLIENT’S SOLE REMEDY SHALL BE TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE Marketing Services Terms.
   2. ContentFirst.Marketing does not guarantee #1 positions, consistent positioning, “top 10 positions” or guaranteed placement for any particular keyword, phrase, or search term. Client acknowledges that ContentFirst.Marketing’s past performance is not indicative of any future results Client may experience.
   3. ContentFirst.Marketing is not responsible for policies of third-party search engines, directories or other Web Pages (“Third-Party Resources”) that ContentFirst.Marketing may submit the SEO Services to with respect to the classification or type of content accepted by Third-Party Resources whether now or in the future.  Client’s Web Pages content may be excluded or banned from any Third-Party Resource at any time.  ContentFirst.Marketing is not responsible for any liability or actions taken by Third-Party Resources against Client or Client’s Web Pages as a result of the Services.  ContentFirst.Marketing is not responsible for any downtime, lost files, improper links, or any other loss that may occur in the operation of the Services under this Agreement.
   4. ContentFirst.Marketing does not warrant that the SEO Services will be accepted by Third-Party Resources by any given date.  Submission of the SEO Services to Third-Party Resources can take an indefinite amount of time for inclusion unless paid inclusion programs are employed.  Each edit or change made to any of the Services employed by ContentFirst.Marketing will repeat these inclusion times.
   5. Third-Party Resources may block, prevent, or otherwise stop accepting submissions for an indefinite period of time and may drop listings from their databases for no apparent or predictable reason.  However, ContentFirst.Marketing shall not be responsible for the decision of Third-Party Resources to block, prevent, stop accepting Client’s submissions or to drop Client’s listing(s) for any time period.
   6. Client acknowledges that some Third-Party Resources only offer paid inclusion programs, which require a fee for inclusion in the program or continued maintenance or performance fees.  Client is solely responsible for all paid inclusion fees and must maintain adequate funds to maintain inclusion in these Third-Party Resources.
   7. Client acknowledges that changes to Client’s or Customer’s domain names (“URL”) during the term of this Agreement may cause the ranking for such domain name to decrease.
   8. COMPANY WILL HAVE NO LIABILITY IN CONNECTION WITH THE FUNCTIONALITY OR CONTENT OF ANY SEARCH PROVIDER OR INTERNET PUBLISHER OR WEBSITE THAT PUBLISHES OR FAILS TO PUBLISH CLIENT’S CONTENT.
2. Fees.
   1. Description of Fees: You agree to pay the following, in the amounts set forth in the Order Form:
      1. Campaign Budget refers to the recurring amounts payable to ContentFirst.Marketing for SEO for each Campaign Cycle. Your Campaign Budget is used to, among other things, license our platform, manage and optimize your campaign, track and record your phone calls, track and report the performance of your campaign, and provide customer service.
      2. Cycle Payment refers to the aggregate recurring fees for each Campaign Cycle, as specified in the Order Form, such as the Campaign Budget and any Service Fees.
      3. Campaign Set-Up Fee refers to a one-time fee for the set-up of a campaign, which includes, but is not limited to, Publisher set up, keyword generation, proxy creation, phone tracking set-up, creative services, and other similar set-up requirements.  With respect to Search Marketing, the Campaign Set-Up Fee also includes a review of the campaign within the first 60 days of the campaign.
   2. Timing of Payment. Prior to the initial Campaign Cycle, you shall pay the Cycle Payment for the initial Campaign Cycle and the Campaign Set-Up Fees, if applicable. You shall also remit the Cycle Payment in advance of each subsequent Campaign Cycle.  You understand and acknowledge that all amounts owed must be paid in advance of each Campaign Cycle and that, in addition to being in breach of your contractual obligations, your campaign may be paused or terminated if timely payment is not made.

4. Privacy Considerations. You acknowledge that you are responsible for ensuring that your privacy policy permits ContentFirst.Marketing to provide the services contemplated by these SEO Terms. You should review the ContentFirst.Marketing Marketing Practices, which will explain the privacy implications of the products covered by these SEO Terms.

LAST UPDATED: August 31, 2020