Terms of Service For Markitact.com
Last Updated: May 2025
Welcome to Markitact (“we,” “us,” or “our”), a remote performance marketing agency operating the website https://www.markitact.com (the “Website”). We specialize in helping 7-figure coaches and creators achieve their goals through performance-based marketing services. These Terms of Service (“Terms”) govern your use of our Website and the services we provide, including but not limited to digital advertising, funnel optimization, and campaign management (the “Services”). By accessing our Website or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Website or Services.
1. Use of the Website
1.1 Eligibility
You must be at least 18 years old to use our Website or Services.
By using our Website, you represent that you meet this requirement.
1.2 Permitted Use
You may use the Website for lawful purposes only. You agree not to:
- Engage in illegal activities or violate any applicable laws through the Website.
- Attempt to access, modify, or disrupt the Website’s systems or security.
- Copy, reproduce, or distribute Website content without our written permission.
1.3 Intellectual Property
All content on the Website, including text, graphics, logos, and software, is owned by or licensed to Markitact and protected by copyright, trademark, and other laws. You may not use, reproduce, or distribute our content without our express consent, except for personal, non-commercial use.
2. Our Services
2.1 Performance-Based Model
Our Services are provided on a performance-based basis, where we earn commissions negotiated and agreed upon in the project scope. Commission rates and performance metrics (e.g., sales, leads) are outlined in separate client agreements.
2.2 Client Agreements
Services are governed by individual client agreements, which detail deliverables, timelines, commission structures, and performance metrics. These Terms supplement but do not replace client agreements. In case of conflict, the client agreement prevails.
2.3 Client Responsibilities
To enable successful Service delivery, you agree to:
- Provide accurate, timely information, materials, and approvals (e.g., ad creatives, access to platforms).
- Comply with third-party platform terms (e.g., Facebook Ads, Google Ads).
- Ensure performance metrics are trackable and verifiable as agreed.
2.4 No Guarantees
While we strive to maximize results, we do not guarantee specific outcomes (e.g., sales, leads, or ROI) from our Services. Performance depends on factors beyond our control, such as market conditions, client input, and platform algorithms.
3. Payments and Commissions
3.1 Commission Payments
We earn commissions as negotiated in the client agreement, based on agreed performance metrics (e.g., net revenue, leads generated). Commissions are paid via Stripe, Wise, or other methods outlined in the agreement, typically within 30 days after performance verification.
3.2 No Refunds
Due to the performance-based nature of our Services, commissions earned are non-refundable unless otherwise stated in the client agreement. If performance metrics are not met, no commission is earned, and no payment is due from you.
3.3 Disputes
Any disputes regarding commission calculations or performance metrics must be raised within 14 days of payment issuance. We will work in good faith to resolve disputes based on the client agreement and verified data.
4. Termination
4.1 Termination by You
You may stop using the Website at any time. For Services, termination is governed by the client agreement, which may include notice periods or performance-based exit clauses.
4.2 Termination by Us
We may suspend or terminate your access to the Website or Services if you:
- Violate these Terms or the client agreement.
- Fail to provide required materials or access, hindering Service delivery.
- Engage in conduct that harms our operations or reputation.
5. Limitation of Liability
To the fullest extent permitted by law, Markitact and its affiliates, officers, and agents are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Website or Services, including loss of profits, data, or business opportunities. Our total liability is limited to the commissions earned for the specific Services giving rise to the claim.
6. Indemnification
You agree to indemnify and hold harmless Markitact and its affiliates from any claims, losses, or damages (including legal fees) arising from your use of the Website or Services, violation of these Terms, or infringement of third-party rights.
7. Third-Party Services
Our Services rely on third-party platforms (e.g., Google Analytics, Facebook Ads). We are not responsible for their performance, availability, or terms. You agree to comply with their terms when using our Services.
8. Changes to These Terms
We may update these Terms to reflect changes in our practices or legal requirements. We will notify you by posting the updated Terms on our Website with a new “Last Updated” date. Continued use of the Website or Services constitutes acceptance of the revised Terms.
9. Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Disputes arising from these Terms will be resolved in the courts of Delaware, unless otherwise required by applicable law.
10. Contact Us
For questions about these Terms or our Services, please contact us at:
Markitact
Email: support@markitact.com
Thank you for choosing Markitact. We look forward to driving results for your business.