NAOHP Lead Accelerator Terms & Conditions
Last Revised: June 7, 2021
These terms and conditions outline the rules and regulations for the use of the NAOHP Lead Accelerator Program and any related marketing services provided by NAOHP
NAOHP is located at: 155 Waterford Circle, Rancho Mirage, California 92270, United States. Additional contact information is available at https://naohp.com/contact/.
BY CONTINUING TO USE THE SERVICE, YOU (REFERRED TO AS “CLIENT” BELOW) ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
1. Lead Accelerator Marketing Program
NAOHP agrees to develop and manage a digital marketing program as specified on the sales page (https://naohp.thrivecart.com/occmed-linkedin-campaign/).The Service leverages a suite of web-based applications that assists Clients with occupational medicine lead generation. Some of these tools are licensed from third party service providers and then customized. All applications are managed on the Client’s behalf by NAOHP.
From time to time, we make changes to the service to improve Client results. These changes will not materially reduce the functionality of the Service provided to you.
2. Ownership Rights.
Client shall retain all of its intellectual property rights in any text, images or other components it owns and transmits to NAOHP for use in the marketing program. NAOHP retains exclusive rights to pre-existing material (including, but not limited to, promotional language used in websites, flyers, advertisements, and any other medium) it uses in Client’s project(s). NAOHP hereby grants to Client a non-exclusive, personal, and non-transferable perpetual license to use the content provided under this agreement. Client does not have right to reuse, resell, distribute, sublicense or otherwise transfer material owned by NAOHP or third-parties.
For as long as Client is subscribed to the Lead Accelerator program, NAOHP will not deliver similar lead generation services to any other provider in Client’s region unless Client approves such overlap of services in advance.
4. Client’s Responsibilities.
A. Changes: Client agrees to perform all tasks assigned to Client as set forth in this Agreement or a Change Order , and to provide all assistance and cooperation to NAOHP in order to complete timely and efficiently the project. NAOHP shall not be deemed in breach of this Agreement, the Services, a Change Order, or any milestone in the event NAOHP’s failure to meet its responsibilities and time schedules is caused by Client’s failure to meet (or delay in) its responsibilities and time schedules set forth herein, a Change Order, or this Agreement. In the event of any such failure or delay by Client (i) all of NAOHP’s time frames, milestones, and/or deadlines shall be extended as necessary; and (ii) Client shall continue to make timely payments to NAOHP as set forth in this Agreement and any Change Order(s) as if all time frames, schedules, or deadlines had been completed by NAOHP.
B. Point of Contact: Client will provide a primary point of contact. This Contact will act as a liaison with NAOHP, and help make sure all of Client’s stakeholders are in agreement on sales and marketing objectives and elements.
NAOHP will use reasonable diligence and deliver services as described in the statement of work, and to make web updates within 2 business days of a request. Client acknowledges, however, that this delivery deadline is an estimate, and is not a required delivery date.
Client shall pay setup fees in order to initiate the project. Monthly fees will begin 20 days later, and be billed to Client’s credit card on a monthly schedule thereafter for as long as this agreement is in effect.
8. Limited Warranty and Limitation on Damages.
NAOHP warrants that all work will substantially conform to the Specifications as specified above. If the work does not conform to the Specifications, NAOHP shall be responsible to make corrections without unreasonable delay, at NAOHP’s sole expense and without charge to Client, to bring the Campaign into substantial conformance with the Specifications. This warranty shall be the exclusive warranty available to the Client. Client waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of amounts actually paid to NAOHP as set forth above.
9. Binding Effect.
This Agreement shall be binding upon and inure to the benefit of Client and NAOHP and their respective successors and assigns, provided that NAOHP may not assign any of its obligations under this Agreement without Client’s prior written consent, except to a successor-in-interest.
The services will start immediately upon execution by both parties below and receipt by NAOHP of the initial payment and continue until completion of 3 months of marketing services. Upon completion of three months, NAOHP and/or Client can terminate agreement by providing the other 30 days written notice. If LinkedIn changes something that forces us to reduce functionality, Client will be given the opportunity to terminate the agreement with no advance notice.