Terms and Conditions

Forge Marketing's Terms & Conditions
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1. Healthcare Marketing and Advertising Services
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Forge Marketing offers specialized services to enhance your clinic's online visibility and patient acquisition. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.

Forge Marketing provides healthcare marketing, search engine optimization, paid search, content creation, website development, and associated services tailored for medical practices on a local, national, and international basis. As such, we submit information on your behalf to search providers and platforms for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, Facebook, Instagram, YouTube, Yelp, Healthgrades, Vitals, RateMDs, and other healthcare-related directories and sites. The terms and conditions of these providers all apply. Forge Marketing will not share your information with any business other than in the course of securing healthcare marketing and advertising services on your behalf, and all activities will comply with HIPAA, GDPR, medical board guidelines, and relevant advertising regulations.
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2. Advertising and Content Material
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Forge Marketing has the right to place information pertaining to your clinic on any of the publisher and search provider websites such as those listed above, and you authorize Forge Marketing to develop content based on information or material provided by you or your designees and collected by Forge Marketing, including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, videos, patient education materials, and procedure descriptions. Further, you represent that the material and information you provide to Forge Marketing is truthful, not misleading, compliant with healthcare marketing regulations, and that you have the authority to represent this product and service information to Forge Marketing. Additionally, if so contracted, you authorize Forge Marketing to contact your patients (with proper consent) for the sole purpose of gaining endorsements and reviews of your products and services for publication, ensuring compliance with privacy laws. Further, articles, press releases, blog postings, and patient education content will be sent for approval before publishing. The timeliness of these pieces is critical to healthcare marketing campaign performance. For this reason, all monthly content will be considered approved one week after the content was sent for approval unless requested edits or other communication is received from the client. Finally, you authorize Forge Marketing to utilize tracking phone numbers, and even record calls on your behalf, for ‘customer service’ purposes, and upon automatic notification to all incoming callers on tracking phone numbers if/when that service is contracted, in full compliance with applicable laws. Domains purchased on your behalf will be released to you within thirty (30) days after service has been terminated.
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3. Unacceptable Practices

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As Forge Marketing strives to offer the very best healthcare marketing services, there are certain guidelines and policies that must govern our efforts and relationships with clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of services. Such decisions are at the sole discretion of Forge Marketing. Unacceptable practices include, but are not limited to:

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• Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
• Sexually oriented products or services (e.g., escort services), or other sexually oriented material
• Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
• Lingerie websites
• Offensive or otherwise distasteful material
• Content or language that is harmful to minors in any way
• Bulk emailing tools
• Distribution of internet viruses or other harmful or destructive activities
• Hacking and cracking
• Scams or phishing for personal information
• Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at Forge Marketing’s discretion)
• Illegal Gambling, gaming, lotteries, and like activities
• Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
• Defamatory, hateful or revenge content or language
• Aids to pass drug tests or aids to pass lie detector tests
• Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
• MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
• Reverse Funnel Systems
• Cash Gifting
• Illegal drugs or drug paraphernalia
• Alcohol sales
• Tobacco sales
• Miracle cures or unsubstantiated medical claims
• Fake documents
• Fireworks, pyrotechnics, firearms, explosives or weapons
• Intentional or unintentional violations of any applicable local, state, national or international law, including healthcare-specific regulations such as HIPAA, FDA advertising guidelines, or medical board rules
• Reselling of email accounts or hosting accounts to third parties
• Reselling of any Forge Marketing services including, but not limited to, design services, updates, and healthcare marketing tools to third parties without a written re-seller agreement
• Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
• Links to other sites that are in violation of Forge Marketing’s policies and guidelines
• Other activities, whether lawful or unlawful, that Forge Marketing deems to be in poor taste or that reflect adversely on Forge Marketing or our other clients

Upon the contingency which Forge Marketing accepts a contract for healthcare marketing services on this list, any and all work performed will be compensated regardless of approval by Google, Bing, Yahoo, or any other outside agency.

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4. Fees

You agree to pay Forge Marketing monthly fees to cover the cost of placing and managing your healthcare marketing and advertising services program up to an amount not to exceed what is stated in your most recent Forge Marketing Contract. Forge Marketing may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications. All monthly fees are due at the end of each calendar month.

All credit card payments require a 3% processing fee. If an account becomes 45 days past due, all campaign activities will be paused until payment is made and the account is current. At 90 days past due, the account is to be handed over to collection.

Forge Marketing has the right to charge incremental media markup fees on any media accounts up to 25% to cover the additional cost of placing media in healthcare marketing campaigns.

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5. Payment

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The Client agrees to pay Forge Marketing compensation for the healthcare marketing Services agreed upon between the Client and the Company as set out in this agreement and defined in the contract, as applicable. Payments shall be made on the final day of each month for Services rendered by the Company in that month. New contracts that initiate service on any day other than the 1st of the month will be billed a prorated fee for the remaining days in that month. Invoices are delivered on or about the 15th of each month. Payment by check or credit card is due by the last day of that month (Net 15). Healthcare marketing and advertising programs may be paused if payment has not been made by payment due date; re-initiation fees may apply.

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6. Term

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The Forge Marketing Contract specifies the initial term for which program rates will be guaranteed, and will be for no less than twelve (12) months for custom healthcare marketing programs. All agreements are auto-renewing at the then published service rates. After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party.

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7. Representations and Warranties; License and Grant of Rights

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You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your healthcare marketing programs and that the content does not infringe on the rights of any third party and that it complies with all local, state, federal, and healthcare-specific laws and regulations, including HIPAA and medical advertising guidelines.

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8. Indemnification

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Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless Forge Marketing against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to Forge Marketing resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.

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9. No Guarantees

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You acknowledge and agree that Forge Marketing makes no specific guarantee or warranty regarding the search providers and publishers to which it submits healthcare marketing advertising on your behalf, including placement of paid search advertising or any specific results. Forge Marketing does not warrant the number of calls, clicks, impressions, website visits, or patient inquiries or that paid search advertising will appear in response to any particular query. Forge Marketing does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.

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10. Disclaimer of Warranties

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To the maximum extent permitted by applicable law, Forge Marketing and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Forge Marketing healthcare marketing services.

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11. Limitation of Liability and Applicable Law

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The maximum aggregate liability Forge Marketing may have to you will be limited to the total amount of fees collected from you. Forge Marketing will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by Forge Marketing. This agreement shall be governed and construed by the laws of the State of [Insert State, e.g., California or relevant jurisdiction]. Any claims against this agreement must be made within 6 months from the date of the subject of the claim, and must be made in writing to: Forge Marketing, [Insert Address]. Should a claim arise, you agree to waive a trial by jury and to first seek resolution by arbitration in [Insert County/State], using a mutually agreed upon member of the American Arbitration Association.

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12. Force Majeure
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Neither you nor Forge Marketing will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay money due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.

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13. Assignment

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Forge Marketing may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.

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14. Miscellaneous

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This Terms and Conditions of Service represent the parties’ entire agreement with regard to Forge Marketing’s provision of healthcare marketing services. Agreement with these terms and conditions is upon signature of Forge Marketing’s Contract, and it will be binding upon you and your successors.

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15. Authority

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The person signing the Contract certifies that (s)he is lawfully authorized to purchase healthcare marketing services on behalf of your company.

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16. Effective Upon Execution

Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.