NEXT HORIZON MARKETING LLC
MARKETING SERVICES AGREEMENT
This Marketing Services Agreement is entered into by and between:
Service Provider: Next Horizon Marketing LLC, a Texas limited liability company ("NHM"), with its principal place of business in Georgetown, Texas.
1. SERVICES
1.1 Scope of Services. NHM shall provide social media marketing services to Client as described under the selected service tier below. Any services not expressly described in this Agreement are outside its scope and may require a separate written quote or signed amendment. NHM is not obligated to perform out-of-scope work, including but not limited to video editing, logo design, print materials, brochures, or advertising management, unless separately agreed upon in writing.
1.2 Starter Plan - $300/month. Client receives access to the NHM marketing platform, CRM dashboard, and onboarding setup. No content creation or social media management is included in this tier.
1.3 Growth Plan - $700/month. All Starter Plan deliverables, plus done-for-you listing posts, including:
- Just Listed announcements
- Open House promotions
- Just Sold announcements
Listing graphics are limited to 4 per month, subject to reasonable use. Requests exceeding this limit may be accommodated at NHM's discretion or quoted separately. Listing posts are submitted via the designated Content Request Form and delivered in a Monday batch. See Section 4 for submission requirements.
1.4 Pro Plan - $1,500/month. Unlimited custom social media content requests, subject to reasonable business use and NHM's scheduling availability. NHM will produce posts tailored to Client's brand, active listings, and campaigns. Deliverables and timelines are coordinated directly between NHM and the Client. "Unlimited" refers to social media graphics and captions only; services outside this Agreement's scope remain excluded.
2. PAYMENT TERMS
2.1 Subscription and Auto-Renewal. Services are billed on a monthly recurring basis and automatically renew each month until canceled in accordance with Section 9. The first payment is due on the Effective Date. Subsequent payments are due on the same calendar day of each month as the Effective Date.
2.2 Late Fees. Payments not received within 5 calendar days of the due date will incur a late fee of $25.
2.3 Failed Payment Policy. If a payment fails or is declined, NHM will notify Client and provide 3 business days to resolve the issue. If payment is not received within that window, NHM reserves the right to suspend services until the account is made current. Repeated failed payments may result in termination under Section 9.4.
2.4 Chargeback Policy. Client agrees not to initiate a chargeback, dispute, or reversal with their financial institution for services actually rendered without first providing NHM written notice of the dispute and a reasonable opportunity, not less than 5 business days, to resolve the matter. Initiating an unauthorized chargeback for services rendered constitutes a material breach of this Agreement and may result in immediate termination, referral to collections, and pursuit of all available legal remedies.
3. CONTENT REQUEST POLICY (GROWTH PLAN)
3.1 Official Communication Channels. NHM accepts content requests and revisions exclusively through the designated Content Request Form or other channels explicitly approved by NHM in writing. NHM is not responsible for requests submitted via text message, Facebook Messenger, Instagram DM, phone call, verbal conversation, or any other unofficial channel. "I sent you a message" shall not constitute a submitted request.
3.2 Submission Deadline. To guarantee inclusion in the weekly Monday delivery batch, all content requests must be submitted no later than Thursday at 5:00 PM CT. Late submissions will be placed in the following week's batch.
3.3 Turnaround Window. NHM targets delivery of completed listing posts by Monday of the week following timely submission. NHM does not guarantee same-week turnaround for late submissions.
3.4 Expedited Requests. Real estate timelines are understood. Expedited or same-day requests may be accommodated subject to NHM's availability and will be subject to an additional expedited fee, to be quoted at the time of the request.
3.5 Go-Live Date Accuracy. Client is responsible for providing accurate listing dates, open house dates, agent contact information, and all time-sensitive details at time of submission. NHM is not liable for errors in published content resulting from inaccurate or incomplete information provided by Client.
4. REVISION POLICY
4.1 Included Revisions. Each post includes up to 2 rounds of revisions at no additional charge.
4.2 Revision Request Window. Revision requests must be submitted within 5 business days of delivery through an approved communication channel (see Section 3.1). Requests submitted after this window will be treated as new content requests and may be subject to additional fees.
4.3 Scope of Revisions. Revisions include adjustments to copy, colors, or minor layout changes. Requests that constitute a complete redesign or material change in creative direction may be classified as a new post at NHM's discretion.
5. CLIENT RESPONSIBILITIES
5.1 Photo Quality and Ownership. Client is solely responsible for providing high-resolution photos for listing posts and any other content requiring Client-supplied imagery. By submitting photos, Client represents and warrants that they own or hold the legal right to use all submitted images, and grants NHM a limited, non-exclusive license to use them solely for fulfillment of this Agreement. Client assumes full legal responsibility for any intellectual property claims arising from photos or materials they supply.
5.2 Approval Turnaround. Client agrees to review and approve, or submit a revision request for, delivered content within 3 business days of delivery via an approved communication channel. Failure to respond within this window constitutes Client approval. Following the approval period, NHM may publish, schedule, or otherwise finalize approved or deemed-approved content without further Client action.
5.3 Accurate Listing Information. Client is responsible for the accuracy and completeness of all listing details submitted to NHM. NHM is not liable for errors in published content resulting from inaccurate or incomplete information provided by Client.
6. CONTENT OWNERSHIP
6.1 Ownership Prior to Payment. All drafts, concepts, designs, graphics, captions, templates, and other deliverables produced by NHM remain the sole and exclusive property of NHM until payment for the applicable billing period has been received in full. Client shall not publish, distribute, reproduce, or otherwise use unpaid deliverables in any form.
6.2 Assignment Upon Payment. Upon receipt of full payment for the applicable billing period, NHM assigns to Client all right, title, and interest in the finished graphics and social media posts created for Client during that period.
6.3 Underlying Assets. NHM retains ownership of all templates, design systems, brand frameworks, workflows, and proprietary production methods used to produce deliverables. Nothing in this Agreement grants Client ownership of NHM's underlying tools or creative infrastructure.
6.4 Third-Party Assets. Any stock images, fonts, or licensed elements incorporated into deliverables are subject to their respective third-party licenses. NHM warrants that all third-party assets used are properly licensed for Client's intended use.
7. PORTFOLIO AND PROMOTIONAL USE
Unless Client provides written notice to NHM requesting exclusion, NHM may display completed deliverables including finished social media graphics and captions, in its portfolio, website, marketing materials, case studies, and social media accounts for promotional purposes. NHM will not disclose non-public listing information in any promotional use.
8. THIRD-PARTY PLATFORM DISCLAIMER
NHM creates and delivers content; it does not control third-party social media platforms. NHM is not responsible for outages, algorithm changes, reach fluctuations, account restrictions, suspensions, bans, advertising policy decisions, or any other action taken by Facebook, Instagram, Google, LinkedIn, TikTok, or any other third-party platform. Such events do not constitute a failure of performance by NHM and do not entitle Client to a refund or fee reduction.
9. CANCELLATION, SUSPENSION, AND TERMINATION
9.1 Auto-Renewal and Cancellation Notice. This Agreement renews automatically each month. Either party may cancel with 30 days' written notice delivered to the other party's email address on file.
9.2 Refund Policy. Monthly subscription fees are non-refundable. If Client cancels mid-cycle, service will continue through the end of the current paid billing period and will not renew.
9.3 Scheduled Content Upon Termination. Upon termination, NHM will deliver any completed but undelivered content for the current billing period. NHM is under no obligation to produce new content after a cancellation notice has been received.
9.4 Termination for Cause. NHM may terminate this Agreement immediately upon written notice if Client: (a) fails to cure a payment failure within the window in Section 2.3; (b) initiates an unauthorized chargeback under Section 2.4; (c) engages in abusive, threatening, or harassing conduct toward NHM; or (d) materially breaches any provision of this Agreement and fails to cure within 5 business days of written notice.
9.5 Suspension Rights. In addition to termination rights, NHM may suspend services without terminating this Agreement for: (a) non-payment; (b) abusive or harassing conduct; (c) 3 or more consecutive missed content approvals without communication; or (d) repeated missed submission deadlines that create unreasonable operational burden on NHM. NHM will provide written notice of suspension. Services will resume upon resolution of the triggering condition.
10. LIMITATION OF LIABILITY
10.1 No Guarantee of Results. NHM provides marketing content services only. NHM makes no guarantee, representation, or warranty regarding lead generation, listing inquiries, sales conversions, social media engagement, algorithm performance, or any other business outcome arising from use of NHM's deliverables.
10.2 Liability Cap. To the fullest extent permitted by applicable law, NHM's total liability to Client for any claim arising under or related to this Agreement shall not exceed the total fees paid by Client in the 3 months immediately preceding the claim.
10.3 No Consequential Damages. In no event shall NHM be liable for any indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
10.4 Force Majeure. Neither party shall be liable for delays or failures in performance caused by events beyond their reasonable control, including but not limited to internet outages, social media platform failures, natural disasters, governmental actions, pandemics, labor disputes, power outages, or acts of God. The affected party shall provide prompt written notice and resume performance as soon as reasonably practicable.
11. INDEMNIFICATION
Client agrees to defend, indemnify, and hold harmless NHM and its owners, agents, and representatives from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) Client-supplied photographs, images, trademarks, logos, or other materials; (b) inaccurate or misleading listing information provided by Client; (c) Client's use of deliverables in a manner inconsistent with this Agreement; or (d) any violation of third-party intellectual property rights attributable to materials supplied by Client.
12. CONFIDENTIALITY
12.1 Client Listing Information. NHM agrees to treat all non-public listing information, client data, and proprietary business information shared by Client as confidential, and will not disclose such information to any third party without Client's prior written consent, except as required by law.
12.2 Exclusions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of NHM; (b) was already known to NHM prior to disclosure; or (c) is independently developed by NHM without reference to Client's confidential information.
13. INDEPENDENT CONTRACTOR
NHM is an independent contractor. Nothing in this Agreement creates or implies an employment relationship, partnership, joint venture, or agency relationship between NHM and Client. NHM retains full discretion over the manner and means of producing deliverables. NHM is solely responsible for its own taxes, insurance, and business obligations.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
14.2 Venue. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Williamson County, Texas. Both parties consent to personal jurisdiction in such courts.
15. GENERAL PROVISIONS
15.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior negotiations, representations, and understandings, whether written or oral.
15.2 Amendments. This Agreement may only be amended by a written instrument signed by both parties.
15.3 Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.4 Waiver. Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement rights.
15.5 Notices. All notices under this Agreement shall be in writing and delivered via email to the addresses on file for each party. Notice is deemed delivered upon confirmed receipt.