Effective September 15, 2026
Provider: On Location Marketing LLC
1. Agreement and Scope
These Terms and Conditions (“Terms”) are an agreement between you and On Location Marketing LLC (“On Location Marketing,” “we,” “us,” or “our”). They govern marketing strategy, creative, design, website, campaign, consulting, print-management, project-management, implementation, and related professional services identified in an accepted proposal, estimate, statement of work, order, or subscription (each an “Order” and collectively, the “Services”).
By accepting an Order, paying a deposit or invoice, approving work, or using a Service or deliverable, you agree to these Terms. If you act for a business or organization, you represent that you are at least 18 years old and authorized to bind it. If an Order conflicts with these Terms, the Order controls only for that conflict.
Promotional-product purchases from On Location Marketing LLC d/b/a We’ve Got Swag, use of RewardsCard.vip, and subscriptions to DigitalSignage by On Location Marketing are governed by their respective specialized terms.
2. Proposals Orders and Changes
Proposals and estimates are based on the scope, assumptions, schedule, information, and third-party pricing known when issued and expire on the date stated or, if no date is stated, after 30 days. An Order is binding when accepted by both parties and any required deposit is received.
Work outside the agreed scope, additional revisions, changed instructions, accelerated schedules, delayed approvals, or newly discovered requirements may require a written change order, additional fees, and a revised schedule. We are not required to begin changed or additional work until the change is approved.
3. Customer Cooperation and Approvals
You must provide timely, accurate, and complete content, data, credentials, access, decisions, contacts, specifications, legal disclosures, and approvals. Schedules depend on that cooperation. Customer-caused delay may extend deadlines and require rescheduling or additional charges.
You must carefully review proofs, drafts, websites, campaign settings, mailing data, specifications, and deliverables before approval. Approval authorizes us to proceed and confirms that spelling, names, dates, pricing, claims, links, functionality, and other details are acceptable. We are not responsible for errors you approved or failed to identify.
4. Fees Deposits and Payment
Fees, deposits, retainers, milestones, billing frequency, expenses, and payment dates are stated in the Order. Unless the Order states otherwise, deposits and payments for completed work or committed third-party costs are nonrefundable. We may pause work or withhold delivery while required payment or information is overdue.
Overdue amounts may accrue a finance charge of 1.5% per month or the maximum lawful rate, whichever is lower. You are responsible for reasonable collection costs, collection-agency fees, court costs, and attorneys’ fees incurred to collect amounts due. A $50 fee applies to a returned check or rejected bank payment, in addition to bank charges.
5. Recurring Services and Renewals
If an Order includes a recurring service, retainer, maintenance plan, hosting, license, or subscription, it renews for the period stated in the Order unless canceled before the next renewal date as provided there. Cancellation stops future renewal and does not retroactively refund the current period, except when required by law or expressly stated in the Order. Work beyond included hours, usage, or scope may be billed separately.
6. Expenses Vendors and Media
You are responsible for approved travel, shipping, postage, production, licensing, stock assets, domains, hosting, advertising, media, platform, talent, and other third-party costs. Estimates may change when a vendor, carrier, platform, tariff, tax, or market condition changes. We may require advance funding before committing to third-party costs.
Unless an Order states otherwise, third-party vendors contract on their standard terms, and availability, delivery, performance, and warranties remain subject to those terms. We may receive customary trade discounts, commissions, or reseller margins unless an Order expressly provides otherwise.
7. Taxes
You are responsible for sales, use, communications, excise, and similar taxes associated with the Services, except taxes imposed on our net income. We will collect taxes when required. A valid exemption certificate must be provided before billing; you remain responsible for liabilities arising from an invalid or rejected certificate.
8. Customer Materials and Rights
“Customer Materials” include names, trademarks, logos, images, text, data, mailing lists, testimonials, claims, instructions, and other materials you provide or approve. You retain ownership of Customer Materials and grant us and our service providers a limited license to use, reproduce, modify, transmit, and display them as necessary to perform the Order.
You represent that Customer Materials are accurate and that you have all rights, notices, permissions, releases, and consents required for the intended use. You are responsible for substantiating advertising claims and for legal review of regulated, comparative, health, financial, sweepstakes, contest, endorsement, and promotional statements.
9. Deliverables and Intellectual Property
The Order will identify the deliverables and any usage rights. You retain Customer Materials. We retain ownership of our preexisting materials, templates, methods, processes, know-how, tools, working files, unused concepts, and third-party materials. After full payment, you receive the rights in final deliverables expressly stated in the Order. If the Order is silent, you receive a nonexclusive, perpetual license to use the final deliverables for your own business purposes.
Editable source files, native production files, fonts, stock assets, software, plugins, and third-party licenses are not included unless expressly stated. Third-party materials remain governed by their licenses. We may retain archival copies but are not required to store working files or deliverables indefinitely.
10. Websites Domains and Digital Services
When Services involve websites, domains, hosting, email, analytics, advertising platforms, social networks, or software, you are responsible for maintaining ownership and authorized access to your accounts. Third-party platforms may change features, pricing, policies, APIs, rankings, reach, or availability without our control.
Unless an Order expressly includes continuing maintenance, you are responsible after delivery for updates, backups, security, content, accessibility, privacy notices, cookies, legal compliance, and supported software. We do not guarantee search rankings, traffic, conversions, deliverability, engagement, platform approval, or uninterrupted availability.
11. Printing Production and Mailing
Printed color, paper, finish, registration, folds, cuts, and final appearance may vary reasonably from proofs, screens, samples, and prior runs. Unless an Order guarantees an exact quantity, customary production overruns or underruns may be invoiced or credited at the applicable unit price. Mailing results depend on list quality, postal processing, and recipient information.
Title and risk of loss for physical materials pass when the carrier accepts the shipment unless the Order states otherwise. Shipping and delivery dates are estimates. You must inspect physical deliverables promptly and report a shortage, damage, or material nonconformity within 15 calendar days after delivery.
12. Marketing Results and Decisions
Marketing performance depends on market conditions, audience, competition, budget, offer, pricing, timing, platforms, customer experience, and other factors outside our control. Forecasts, benchmarks, strategies, recommendations, and projections are opinions and planning tools, not guarantees of revenue, leads, rankings, engagement, retention, or other results. You retain final authority and responsibility for business, legal, financial, and operational decisions.
13. Confidentiality and Data
Each party will use reasonable care to protect the other party’s nonpublic business, technical, financial, and customer information and will use it only to perform or enforce the agreement. This duty does not apply to information that is public without breach, already lawfully known, independently developed, or lawfully received without restriction.
Our handling of personal information is described in the applicable On Location Marketing privacy policy. You are responsible for notices, consent, lawful collection, and instructions concerning personal information you provide or direct us to process.
14. Publicity and Portfolio Use
We will not publicly identify you, use your logo, publish confidential campaign results, or display your finished work as a testimonial, case study, or portfolio example without your permission.
15. Acceptable Use
You may not use the Services or deliverables to violate law or another person’s rights, distribute malware, conduct fraud, misrepresent affiliation, send unlawful communications, expose personal or confidential information without authority, or publish unlawful, infringing, deceptive, defamatory, threatening, exploitative, obscene, or discriminatory material. We may pause work that creates a reasonable legal, security, reputational, or safety risk.
16. Cancellation and Termination
Either party may terminate an ongoing Order as provided in that Order or, if it is silent, on 30 days’ written notice. We may suspend or terminate immediately for material breach, nonpayment, unlawful instructions, security risk, abuse, or conduct reasonably likely to harm us, a provider, or another person. When reasonably possible, we will provide notice and an opportunity to cure a remediable breach.
On termination, you must pay for work completed, time reserved, noncancelable commitments, approved expenses, and reasonable wind-down work through the effective date. Deposits are applied to those amounts. Rights dependent on full payment do not transfer until all amounts due are paid.
17. Service Claims and Remedies
You must notify us of a claimed material service failure within 30 days after delivery or performance and provide enough information to evaluate it. For a timely, substantiated claim, our obligation, at our option, is limited to reperformance, correction, a reasonable credit, or refund of the fees paid for the materially nonconforming portion. These are your exclusive remedies.
18. Warranties and Disclaimers
We warrant that paid Services will be performed in a commercially reasonable manner. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES AND DELIVERABLES ARE OTHERWISE PROVIDED “AS IS.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS. Third-party products and services are subject only to warranties their providers make available.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ON LOCATION MARKETING AND ITS AFFILIATES, VENDORS, AND CONTRACTORS WILL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, MEDIA OR PLATFORM CHANGES, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING FROM AN ORDER WILL NOT EXCEED THE FEES YOU PAID US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT. These limitations do not apply to liability that cannot lawfully be limited or excluded.
20. Indemnification
You will defend, indemnify, and hold harmless On Location Marketing, its affiliates, vendors, and their owners, officers, employees, and agents from third-party claims, losses, penalties, liabilities, costs, and reasonable attorneys’ fees arising from Customer Materials, your products or services, your instructions, your violation of law or third-party terms, or your breach of these Terms.
21. Force Majeure
Neither party is liable for delay or failure, other than payment obligations, caused by circumstances beyond its reasonable control, including severe weather, fire, flood, epidemic, war, civil disorder, labor dispute, utility or internet disruption, cyberattack, governmental action, supplier or carrier failure, shortages, or failure of a third-party platform.
22. Governing Law and Disputes
These Terms and each Order are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules. Before filing suit, the parties will attempt in good faith for at least 30 days to resolve the dispute through representatives authorized to settle it. Any action must be brought exclusively in the state courts located in Fairfax County, Virginia, or, when federal subject-matter jurisdiction exists, in the United States District Court for the Eastern District of Virginia, Alexandria Division. Each party consents to personal jurisdiction and venue in those courts.
23. Changes to These Terms
We may update these Terms to reflect changes in the Services, providers, law, security needs, or business practices. We will post the revised Terms and update the effective date. If a change materially affects a paid Service during a current term, we will provide reasonable notice. Changes apply prospectively when posted or on the stated effective date. Continued use after the effective date constitutes acceptance; if you do not agree, you must stop using the affected Service and cancel future renewal.
24. General Terms
Neither party may assign an Order without the other party’s written consent, except that we may assign it to an affiliate or successor in connection with a merger, reorganization, financing, or sale of substantially all related assets. We may use affiliates, suppliers, licensors, and subcontractors to provide the Services. You may not withhold or offset amounts due without our written agreement.
A waiver is effective only in writing and does not waive a later breach. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect. Headings are for convenience only. “Including” means “including without limitation.” Electronic signatures, approvals, and records are effective as originals. These Terms, each applicable Order, and any incorporated written terms are the entire agreement concerning the Services and replace prior statements on that subject.
25. Contact Us
Questions, support requests, and notices may be submitted at https://support.onlocationmarketing.com/portal or by email to customerservice@onlocationmarketing.com. A notice concerning a legal dispute must clearly state that it is a “Legal Notice” and identify the applicable account and Order, if any.