• Annual Service Plan including 4 quarterly ads and 8 holiday specials to be posted on the website BeautyMark.Style and run according to the ad calendar which is published on the website and in the back office section of your account on the website.
  Ad placement is determined by the advertiser’s selection during the submission process and these choices define the search parameters by which clients look for specific ads.
• Quarterly Social Media posts on client deals which will be done on our own schedule unless a specific date is requested in advance and approved by our marketing department. This pertains to our Facebook, Twitter and Instagram accounts. The content will be a summary or the short description of the deal you are running in that quarter or your holiday special if one is running at that time.
• Add on marketing services as defined in the item description and price to run concurrently with this contract or for the duration of the item purchased whichever is less.
• Customer Service support on marketing questions pertaining to contracted services. Advice on non-contracted services will be limited or denied, but can be done if a consultation fee negotiated for any services beyond the scope of what we provide to said advertiser.

Payment shall be made to Stubborn Girl Productions, 7083 Hollywood Blvd, Los Angeles, California 90028 through our online payment system.

Advertiser has selected their payment plan of choice and agrees to pay SGP as follows:

If paid in full the amount of $3000 for the year will be discounted by $200.
If paid over 6 months, a deposit of $1500 is required and monthly payments of $300 will follow for 5 months
If paid over a year (11 months), a down payment of $750 will be paid and followed by 10 monthly payments of $250. This payment plan includes a $250 fee; if paid in full before 6 months, this fee is waived and there is no Pre-Payment penalty (PPP).

All add on services are paid in full at the time of contract unless otherwise arranged with prior approval from SGP.

If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 12 percent per year, or the maximum percentage allowed under applicable California laws, whichever is less.

The Advertiser shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the Advertiser fails to pay for the Services when due, SGP has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.

You may update your payment method at any time in your online account.If paid over a year (11 months), a down payment of $750 will be paid and followed by 10 monthly payments of $250. This payment plan includes a $250 fee; if paid in full before 6 months, this fee is waived and there is no Pre-Payment penalty (PPP).

All add on services are paid in full at the time of contract unless otherwise arranged with prior approval from SGP.

If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 12 percent per year, or the maximum percentage allowed under applicable California laws, whichever is less.

The Advertiser shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the Advertiser fails to pay for the Services when due, SGP has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.

You may update your payment method at any time in your online account.

This Contract will remain in effect for a period of one year for the standard contract, plus any promotional extensions.

The advertiser has 5 days to cancel from the date of the deposit paid and contract submitted for all monies to be refunded. After this time, no refunds will be issued.

SGP, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of SGP, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Advertiser. SGP and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by the Advertiser of these confidentiality obligations which allows SGP to disclose the Advertiser’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

The occurrence of any of the following shall constitute a material default under this Contract:
a.
The failure to make a required payment when due.
b.
The insolvency or bankruptcy of either party.

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 90 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

The parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

This Contract shall be construed in accordance with the laws of the State of California.

Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in the trial court and on appeal.

The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.