Fulfillment Policy — Kodiak Advertising Agency

Kodiak Advertising Fulfillment Policy

Introduction

Welcome to Kodiak Advertising. We specialize in online advertising campaigns targeted at acquiring new patients for our clients. This policy outlines our approach to refunds and cancellations, ensuring transparency and satisfaction in our business relationships.

Refund Policy

Service Delivery: Our services, including online advertising campaigns, are non-tangible digital services. As such, we do not offer refunds once the campaign is active or services have been rendered.

Campaign Results: We cannot guarantee specific results from advertising campaigns due to the variable nature of digital marketing and audience response. Therefore, refunds based on campaign performance are not provided.

Error Resolution: If there are errors in the execution of the campaign attributable to Kodiak Advertising, we will endeavor to rectify these at no additional cost.

Prepaid Services: For services paid in advance, refunds will be considered on a case-by-case basis if the services have not commenced.

Cancellation Policy

Cancellation Notice: Services can be canceled by providing a written notice at least [specify number] days before the start of the next billing cycle.

Early Termination Fees: In the event of early termination of a contracted service, an early termination fee may apply.

Project Completion: Cancellation does not negate the requirement to pay for services rendered up to the point of cancellation.

Payment and Currency

All transactions will be conducted in US Dollars (USD).

Kodiak Advertising is PCI compliant, ensuring secure payment processing.

Our privacy policy details how we handle client data and can be found at Kodiak Advertising Privacy Policy.

Customer Service Contact

For any queries, concerns, or requests regarding our services, please contact Nancy at info@kodiakadvertising.com.

Modifications to the Fulfillment Policy

Kodiak Advertising reserves the right to modify this policy. Clients will be notified of any significant changes.

Boulder, Colorado.

Acceptance of Terms

By engaging our services, you agree to the terms outlined in this Fulfillment Policy.

Terms Of Service

1. DESCRIPTION OF SERVICES. Beginning today, Kodiak Advertising (Provider) will provide to you and your business (Recipient) the following services (collectively, the "Services"):

2. PAYMENT. Payment for management fees shall be made to Provider in regular payments per 30 DAYS until termination of this Agreement.

After this initial payment, payment will be withdrawn from provided payment method on file every 30 days from the first day the campaign officially goes live (the first day adspend begins to be used). Adspend increases or decreases may be discussed between Provider and Recipient, and can change with approval from Recipient via text, email or call.

If you fail to pay for the Services when due, Kodiak Advertising 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 shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law,

3. TERM. This Contract may be terminated by either party upon 72 hours' prior written notice to the other party. An email notice by one party will suffice.

4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries,

inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Provider in connection with the Services will be the exclusive property of Provider. Upon request, Recipient will execute all documents necessary to confirm or perfect the exclusive ownership of Provider to the Work Product.

5. CONFIDENTIALITY. Recipient, 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 Recipient, or divulge, disclose, or communicate in any manner, any information that is proprietary to Provider. Recipient 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 Provider of these confidentiality obligations which allows Recipient to disclose Provider'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.

6. DEFAULT. 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.

c. The subjection of any of either party's property to any levy, seizure, general

assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

d. The failure to make available or deliver the Services in the time and manner

provided for in this Contract.

7. REMEDIES. 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 3 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.

8. FORCE MAJEURE. 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 or other labor disputes, or supplier failures. 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.

9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, 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 resolved by 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.

10. ENTIRE AGREEMENT. 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.

11. SEVERABILITY. 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.

12. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Colorado.

13. NOTICE. 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.

14. WAIVER OF CONTRACTUAL RIGHT. 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.

15. ATTORNEY'S FEES TO PREVAILING PARTY. 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.

16. CONSTRUCTION AND INTERPRETATION. 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.

17. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

18. HOLD HARMLESS. You shall fully defend, indemnify, and hold harmless Kodiak Advertising from any and all claims, lawsuits, demands, causes of action, lability, loss, damage and/ or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local government body or agency, arising out of, in any way whatsoever, an acts, omissions, negligence, or willful misconduct on the part of you, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to Kodiak Advertising.