These Terms of Service ("Terms") govern your access to and use of the website at getsuperiormarketing.com (the "Site") and any services provided by Superior Marketing ("Company," "we," "us," or "our"). By accessing or using the Site or our services, you agree to these Terms. If you do not agree, do not use the Site or our services.
1. Acceptance of Terms
By accessing or using our Site or services, you confirm that:
- You are at least 18 years old
- You have the legal capacity to enter into a binding agreement
- If you are using our services on behalf of a business or entity, you have authority to bind that business or entity
- You agree to comply with these Terms and all applicable laws
2. Description of Services
Superior Marketing provides paid advertising and conversion tracking services to home services contractors. Our core offerings include:
2.1 The Superior Audit
A comprehensive review of your existing Google Ads, Meta Ads, and conversion tracking infrastructure, delivered as a written report, recorded video walkthrough, and a 30-minute strategy call. The audit is provided free of charge to qualified prospects who complete a discovery call. We reserve the right to determine eligibility and decline to provide an audit if we determine you are not a fit.
2.2 The Tracking Foundation
A one-time engineering build of conversion tracking infrastructure, priced at $2,500 for standard back-ends (or quoted higher for complex stacks). Includes server-side tag management, offline conversion import from supported back-ends, Meta Conversions API, enhanced conversions for Google Ads, call tracking integration, and a reporting dashboard.
2.3 The Growth Engine
Ongoing Google Ads and Meta Ads management priced from $2,500 per month (Starter), $3,500 per month (Pro), or $5,000+ per month (Scale), tiered by client ad spend. Includes campaign management, ad creative refresh, strategy calls, and reporting.
Specific scope, deliverables, pricing, and timelines for any engagement are defined in a separate written Service Agreement signed by both parties. In the event of a conflict between these Terms and the Service Agreement, the Service Agreement controls.
3. Eligibility
Our services are intended for:
- Home services contractors operating in the United States
- Businesses currently running, or planning to run, paid advertising on Google Ads or Meta
- Businesses with unit economics that support productized agency pricing
We reserve the right to decline any prospective client or terminate any engagement for any lawful reason, including if we determine the engagement is not a good fit.
4. Discovery Calls and Audits
The discovery call and audit are offered for the purpose of evaluating mutual fit. By booking a discovery call or audit:
- You authorize us to review information you provide
- You acknowledge that we may decline to provide an audit if we determine you are not a fit
- You acknowledge that the audit is provided "as-is" and does not create a service relationship or guarantee any specific outcomes
- You agree we may use anonymized findings and aggregate data to improve our services
The free audit does not create any ongoing obligation on our part to provide additional services.
5. Payment Terms
For paid engagements:
- Tracking Foundation: 100% due before work begins, or as otherwise specified in your Service Agreement. An optional three-payment plan is available by request ($850 per month for three months)
- Growth Engine: billed monthly, in advance, on the engagement anniversary date
- Creative add-ons: billed with the next monthly invoice
- All fees are stated and payable in US dollars
- We accept payment by ACH, credit card, or wire transfer
- Late payments may incur a fee of 1.5% per month on outstanding balances, or the maximum amount permitted by applicable law, whichever is lower
We reserve the right to suspend services for accounts more than 14 days past due. Suspension does not relieve you of your payment obligations.
Client ad spend (the budget you pay directly to Google, Meta, or other ad platforms) is separate from our fees and is your responsibility. We do not advance or fund ad spend on your behalf unless specifically agreed in writing.
6. Client Responsibilities
To engage our services, you agree to:
- Provide read-only or appropriate access to your Google Ads, Meta Ads, GA4, and back-end systems
- Provide accurate and complete information about your business, services, and objectives
- Pay invoices in accordance with these Terms and any Service Agreement
- Comply with all platform policies (Google Ads, Meta Ads, and any other platforms used in the engagement)
- Not engage in fraudulent, illegal, deceptive, or platform-prohibited activity
- Maintain ownership of and control over your ad accounts and back-end systems
- Respond to reasonable requests for information or feedback in a timely manner
7. Intellectual Property
7.1 Our Intellectual Property
The Site, including all content, design, code, branding, methodologies, and materials, is owned by Superior Marketing or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written permission.
7.2 Your Intellectual Property
You retain ownership of:
- Your ad accounts
- Your customer data
- Your business records and operational data
- Your trademarks, logos, and brand assets
7.3 Materials We Create for You
Ad creative, copy, landing page assets, audit reports, and the Tracking Foundation infrastructure built specifically for you during the engagement become your property upon full payment of the relevant fees, subject to a perpetual, non-exclusive, royalty-free license back to us to use anonymized versions for portfolio, case study, and marketing purposes.
The methodology, processes, templates, and know-how underlying the work remain our intellectual property.
8. Confidentiality
Both parties agree to maintain confidentiality of any non-public, proprietary, or sensitive information shared during the engagement. This obligation survives termination of the engagement. We will not share your business data, financial information, or trade secrets with third parties except as required to provide the services, as authorized by you, or as required by law.
9. Service Disclaimers
Our services are provided "as-is" and "as-available." We make no warranties, express or implied, regarding:
- Specific advertising results, conversion rates, lead volume, or revenue outcomes
- Performance of third-party platforms (Google, Meta, or your back-end systems)
- Uninterrupted or error-free operation of any tracking infrastructure
- Compatibility with all third-party systems
- Specific return on ad spend (ROAS) or cost per lead (CPL) outcomes
Paid advertising involves variables outside our control, including platform policies and algorithm changes, competitive dynamics, market conditions, seasonality, and your own offer, pricing, fulfillment, and sales capabilities. Past performance does not guarantee future results.
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law, in no event shall Superior Marketing, its officers, employees, agents, or affiliates be liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Lost profits, revenue, data, business opportunities, or goodwill
- Damages resulting from your use of or inability to use our services
- Damages resulting from the acts or omissions of third parties, including ad platforms
Our total cumulative liability for any claim arising from or related to these Terms or our services shall not exceed the amount you paid us in the three months immediately preceding the event giving rise to the claim.
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Superior Marketing, its officers, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of our services or the Site
- Your violation of these Terms or any Service Agreement
- Your violation of any third-party rights, including intellectual property or privacy rights
- Content, claims, or representations you provide that we use in advertising
- Your compliance or non-compliance with applicable laws and regulations
- Suspension or termination of your ad accounts by third-party platforms for reasons attributable to your conduct or content
12. Termination
Either party may terminate an ongoing service engagement (such as the Growth Engine) with 30 days written notice. The Tracking Foundation, once delivered, is not subject to termination; it is yours to keep regardless of the status of any other engagement.
Upon termination:
- You remain responsible for fees incurred up to the termination date
- We will provide reasonable access to deliverables produced during the engagement
- Confidentiality obligations continue to apply
- We will return or destroy your confidential information upon written request, subject to legal retention requirements
We may terminate any engagement immediately, without prior notice, if you materially breach these Terms or any Service Agreement, fail to pay fees when due (after a reasonable cure period), or engage in conduct that exposes us to legal or reputational risk.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of [STATE], United States, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or our services shall be resolved exclusively in the state or federal courts located in [COUNTY], [STATE], and the parties consent to personal jurisdiction in those courts and waive any objection to venue.
Before initiating any formal legal action, the parties agree to first attempt to resolve any dispute in good faith through written notice and a 30-day informal discussion period.
14. Changes to These Terms
We may update these Terms at any time. Material changes will be posted on the Site with a new effective date and, where appropriate, communicated to active clients via email. Your continued use of the Site or services after changes constitutes acceptance of the updated Terms. If you do not agree to changes, you must stop using our services and may cancel any ongoing engagement subject to the termination provisions above.
15. Miscellaneous
- Entire Agreement: these Terms, together with any Service Agreement and our Privacy Policy, constitute the entire agreement between you and us and supersede all prior agreements on the subject matter
- Severability: if any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect
- No Waiver: our failure to enforce any provision is not a waiver of that provision or our right to enforce it later
- Assignment: you may not assign these Terms or any rights or obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets
- Independent Contractor: we provide services as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, agency, or fiduciary relationship
- Force Majeure: we are not liable for failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet outages, or actions of third parties
- Notices: notices to us must be sent to the email address below. Notices to you may be sent to the email address you provided
- Headings: section headings are for convenience only and do not affect interpretation
16. Contact Us
For questions about these Terms or our services: