Terms of Service
Otter PR Service Agreement
1. Terms of Otter PR’s Services
This Otter Love LLC Service Agreement (the “Service Agreement” or “Agreement”) is between _________ (“you” or “your” or “client”), with an address of _____________; if you are a corporate entity, ____________, your principal signing in their individual capacity (“principal”); and Otter Love LLC d/b/a Otter PR™, Otter Leads, Otter Marketing, Otter Agency, and affiliates (“Otter PR”, “us,” “we”), a Florida limited liability company, with a principal office at 320 1st Ave N, St. Petersburg, FL 33701. Please read these terms carefully before submitting payment and signing this Agreement.
By submission of your payment and electronic signature (the “Effective Date”), you agree to be bound by the terms of this Service Agreement, which is a subscription service that automatically renews based on the “Billing Cycle” you select at checkout, and we will automatically bill you the fee for those services (the “Fee”), based on the selected timeframe at checkout, the “Billing Cycle,” or by invoice. Unless documented in writing, all packages renew by the “Billing Cycle” until your subscription is canceled or terminated by using the cancellation form found on Schedule “A” below. The Billing Cycle is the timeframe you selected to be billed; we offer monthly, quarterly, semi-annual, annual, and custom time frames. Once a plan renews, you are contractually obligated to finish the billing cycle, and no refunds will be provided. In this case, ALL SALES ARE FINAL. An example would be if you sign up for a year and only end up wanting to do ten months of service. Due to the prorated rate you received, we are not able to provide any partial refunds. During the Billing Cycle, you may upgrade your services but cannot downgrade. If you do not agree with any of these terms, you should not submit payment nor electronically sign this Agreement. Your payment and affirmative submission of your electronic signature on this Agreement, however, will evidence your understanding, consent, and knowledge of the foregoing and of the terms below. If you are a separate corporate entity, we require one or more of your principals to be jointly obligated for the Fee, and all other terms and conditions herein. For the avoidance of doubt, any principal(s) who is/are a party to this Agreement shall be jointly and severally liable for your failure to pay the Fee under this Agreement, and your breach of any other terms and conditions herein.
2. Services
Your Package – Otter PR offers you a variety of subscription and one-time services. Depending on the specific Package you select, Otter PR will provide you with certain public relations and marketing services, on a automatic per Billing Cycle basis, which may include advertising, lead generation, consultations, marketing, public relations writing
and communications for public distribution, social media development and evaluations, website development and evaluations, and tutoring (“Services”). As part of entering this Agreement, you must select a Package that specifically details our Services to you and the Fee for our Services to you (“Your Package”). Your Package may have its own specific terms and conditions, which are expressly integrated into this Agreement and Schedule “A.” If any term or provision contained in Your Package conflicts with, or is inconsistent with, any term or provision in this Service Agreement, the provisions contained in this Service Agreement shall govern and control. If any term or provision contained in the Payment Schedule Agreement conflicts with, or is inconsistent with, any term or provision in this Service Agreement, the provisions contained in the Payment Schedule Agreement shall govern and control. In the event of a conflict between the Service Agreement terms and Schedule A’s specific product terms, Schedule A will govern and control. Should you have multiple projects subject to different terms, each will be governed by its respective Schedule A terms and considered as separate services.
You may modify Your Package by using the official Otter PR forms seen in Schedule “A.” All account changes require notice as outlined in Schedule “A”. For example, if account changes require more than seven (7) days’ notice pursuant to Schedule “A,” and you pause, cancel, or modify your account on the 1st and your bill date is on the 7th, you will still be charged the full amount for the following Billing Cycle. If you elect to purchase the Essential Package and realize you would like additional Services, you may upgrade your package to the Executive Plan. As another example, if you find the Executive Package is slightly more than what you need, you are fully permitted to downgrade your Package to The Expert. Any modification to your package (including any modified services we provide you and any modified fee you pay us) will take effect at the start of the billing cycle immediately following your requested modification, provided the timeframe adheres to the notice window or as noted in writing by Otter PR. If you modify your Package, all such modifications to your Package will be governed by this Agreement and will continue indefinitely until canceled or terminated in accordance with this Agreement. Please contact us if you have any questions regarding Package modification.
Client Onboarding Form – All Packages require you to complete an Onboarding Form, which includes acknowledgment and signing of our terms of service (“Terms of Service”). The Onboarding Form is an opportunity for our team to get to know you better.
Strategy Plan – Once we start our Services to you, we may (but are not required to) provide you with a “Strategy Plan.” The Strategy Plan we create for you is our initial proposed course of action for the start of our Services, which serves to outline our proposed initial Services and proposed completion dates for those initial Services. Importantly, while the purpose of the Strategy Plan is to serve as a proposal for you, and to assist you and us in the execution and delivery of your Services, the actual execution and delivery of your Services are dependent on multiple factors; and the manner in which your actual Services are provided are in our sole discretion. Accordingly, you understand and agree
that any failure to meet any proposed service or proposed date as may be stated in the Strategy Plan shall not be considered a breach of this Agreement. If you disagree with any proposal in the Strategy Plan, you may request that we revise the Strategy Plan, and we will work with you to create a satisfactory Strategy Plan. To ensure you have received and reviewed the Strategy Plan, we will require that you sign and return to us a copy of the signed Strategy Plan prior to any Services being provided.
Your Delivery of the Strategy Plan and Onboarding Form – Any delay in you returning to us the signed Strategy Plan or the completed Onboarding Form will delay the start of your Services. However, you understand and agree that any delay in the creation or approval of the Strategy Plan, your delivery of the signed Strategy Plan to us, or your completion of the Onboarding Form, will not in any way pause or delay your obligations of payment for the Fee owed to us under your Package. Furthermore, you understand and agree that all guarantees provided under Section 7 of this Agreement are void, and no refunds will be provided to you, if the Strategy Plan is not signed and returned to us, or if the Onboarding Form is not completed and returned to us, at least twenty (20) days before any request by you for the guarantee or the refund is made to us (as applicable). If any term or provision contained in the Strategy Plan, the Onboarding Form, Proposal, or the Terms of Service conflicts with, or is inconsistent with, any term or provision in this Service Agreement, the provisions contained in this Service Agreement shall govern and control.
3. Use License
A. During this Agreement, you hereby grant us and our affiliates a non-exclusive, royalty free, worldwide, sub- licensable license to use, duplicate, distribute, broadcast, perform, transmit, and display Your Materials, as defined below, (including, without limitation, any and all copyright, trademark, service marks, trade dress, and name, image, and likeness rights contained therein, the “IP Rights”), without limitations, in any tangible medium now known or later developed (as examples, and in no way limiting, including electronic and print format, website, new media, media, television, radio, and publications). In addition, in furtherance of us providing your Services under this Agreement, you also grant us the same rights, under the aforementioned license, to license Your Material (including, without limitation, the IP Rights) to third parties by any means whatsoever. Furthermore, during this Agreement, and after its termination, you also grant us a perpetual, non- revocable, non-exclusive, royalty free, worldwide license to use Your Material in our internal and external portfolios, case studies, and any of our marketing and advertising campaigns.
You hereby grant, and authorize the right for, us to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all IP Rights, and pictures or video taken by or provided to us by you (or any person acting on your behalf or at your direction) including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites, and other print and digital communications, without payment or any other consideration. This
authorization extends to all languages, media, formats, and markets now known or hereafter devised. This authorization shall continue indefinitely. You also grant Otter PR full rights to use your images, photos, and branding in efforts to provide your Services.
B. We hereby grant you a limited, non-exclusive, worldwide, non-transferable, royalty-free license to use, modify, reproduce, distribute, and display Our Materials in electronic and print format. This is a grant of a license, not a transfer of title. This license shall automatically terminate, without any further action, upon your breach this Service Agreement or the Terms of Service, or as otherwise provided under the terms of this Service Agreement. Upon termination of this license, you must immediately destroy or return any of Our Materials in your possession whether in electronic or printed format.
C. For purposes of this Agreement, the term “Our Materials” means the results and deliverables of the Services rendered by us to you under this Agreement including, without limitation, all documents, articles, media, files, videos, photography, clips, literary materials, ideas, and other intellectual property created in connection with your Services. For purposes of this Agreement, the term “Your Materials” means, without limitation, all documents, videos, photos, recordings, clips, data, information, biographies, press material, and any other material whatsoever that you deliver to us in connection with this Agreement, or are delivered to us at your direction, or on your behalf, in connection with this Agreement.
D. You represent and warrant that: (i) you are the sole owner of the copyright in and to, or otherwise have all necessary rights in and to, Your Materials and the IP Rights delivered to us hereunder; (ii) you possess the full power and authority to enter into this Agreement and perform your obligations hereunder and to grant these licenses to us as provided hereunder; (iii) the execution, delivery and performance of this Agreement by you does not violate any agreement, license, instrument, judgment, order or award of any court or arbitrator or any law, rule, or regulation under which you are bound or subject; (iv) the exercise by us of the rights granted herein will not result in defamation or violate or infringe upon the rights of any person, firm or entity, including but not limited to copyright, trademark, contract, privacy or publicity rights; and (v) you own and/or have legal right to use all elements contained within Your Materials, including, but not limited, to all music, sound, video, audio, visual, and pictorial therein.
E. You shall at all times during and after the Term of this Agreement defend, indemnify, and hold harmless Otter PR and its employees, agents, officers, owners, affiliates, licensees, and sub-distributors from and against any and all claims, liabilities, judgments, damages, costs, and expenses (including reasonable attorney’s fees and costs) (i) arising out of any breach or alleged breach by you of any of your representations, warranties,
covenants or agreements herein; (ii) relating to any material contained in the Your Materials or any of Your Materials as delivered to us by any third party at your direction or on your behalf; or (iii) arising out of any use of Your Materials as contemplated under this Agreement. This Section (including Section A, B, C, F, and G) shall survive any cancellation or termination of this Agreement.
4. Automatic Payment Terms and Billing
Otter PR is a subscription service and, unless otherwise memorialized in a separate payment schedule agreement, payments for the Fee are invoiced and/or collected automatically by the Billing Cycle or as noted on the package and shall continue indefinitely until canceled or terminated (as provided under Section 8 of this Agreement). At checkout and upon signing this Agreement, you must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time.
Annual Service Cost Increase: Commencing 12 months from the service commencement date (“Commencement Date”), and on each subsequent anniversary of the Commencement Date thereafter for the duration of this agreement, the cost of the service provided under this agreement shall automatically increase by five percent (5%) of the then- current service cost. This increase shall be automatically charged to the client’s billing method on file, in accordance with the payment details provided by the client. By entering into this agreement, the client acknowledges and agrees to this annual service cost increase provision.
When you sign this Agreement, unless otherwise invoiced separately, your first cycle for the Fee will be billed immediately to your selected Payment Method. Furthermore, by signing this Agreement, you consent and authorize us to charge you and your Payment Method for your initial subscription period and the recurring Fee, or otherwise agree to pay Otter PR within thirty (30) days of receipt of your invoice for services (your “Invoice”) at the then current rate, which may change from time to time. You agree you remain responsible for all Fees under the terms of this Service Agreement until you have cancelled your subscription with us or this Agreement is terminated. All subscription services renew by the Billing Cycle unless specified notice at checkout.
In the event you sign this Agreement on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you became a customer on January 31st, and you are on a monthly plan your next payment date for your Monthly Invoice is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription.
In the event you modify Your Package, the new billing rate for Your Package will take effect at the start of the Billing Cycle following your requested modification.
You may edit your Payment Method information by contacting us at the billing email found in Schedule “A” or using this Update Payment Form found in Schedule “A.” If a subscription payment is not successfully settled due to the expiration of your credit/debit card, insufficient funds, or otherwise, you will remain responsible for any unpaid Fees, and you authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated.
Any failed timely payment for Fees, either from you or a third-party institution paying on your behalf, will have a delinquent service charge of $150.00 per occurrence. Failed or missed payments will not constitute a cancellation, and payment due will continue to accrue automatically as regularly scheduled. In addition, any unpaid Fees will accumulate interest on the unpaid balance at one and one-half percent (1.5%) per month, compounding interest, accruing from the date of the initial unpaid Fees, or otherwise at the highest interest rate allowed under the law. Notwithstanding the foregoing, You understand and agree that the amounts to be collected are not for a loan. Any unilateral deduction from Otter PR’s Fees will be deemed a breach of this Agreement. If you dispute your delinquent Fees, it must be in writing to Otter PR no later than seven (7) days after the billing to Your Payment Method. After this period, the Fees shall be deemed final and is to be paid in full without any further or future claims to the amount of the invoice. If any payment for Fees that are not otherwise in dispute is not timely received by Otter PR in accordance with the terms and conditions herein, you shall be deemed in default of this Agreement. You agree to pay all fees, costs, and expenses incurred by Otter PR in connection with any suit, action, or proceeding to enforce this Agreement, including reasonable attorneys’ fees, even if not recoverable by law.
You authorize Otter PR to electronically debit or credit your bank account, business bank account, credit card, debit card, PayPal account, or any other payment account that has been provided as a Payment Method to Otter PR from time to time. You consent to using 3rd party validation tools such as Stripe, Plaid, Authorize.net, Intuit, or others to process payments. You acknowledge that electronic debits against your account must comply with United States law. This payment authorization remains in effect until you, the customer, notify Otter PR of cancellation by completing the cancellation form within the Cancellation Notice Window before the next bill date. You consent to automatic payments, electronic debits, or credits. You understand that Otter PR may change billing dates based on holidays, extensions, account credits, and other needs at Otter PR’s sole discretion. You agree and understand that any requested change to your billing must be made to Otter PR by completing and submitting the official Otter PR form as seen on Schedule “A,” and such submission must be acknowledged in writing and confirmed by the billing department. Requests not acknowledged in writing by Otter PR’s billing department, or not submitted on the official Otter PR form, will not be deemed received or processed. Once you receive confirmation from our billing department regarding your requested changes, please allow seven (7) days for processing before those changes take effect. The terms for the Cancellation
Notice Window and Billing Cycle still apply, including any requested cancellation or pause to your services, in accordance with Section 8 herein.
Credit cards, debit cards, PayPal, and other platforms may require a 3% fee at checkout. Manual billing or invoicing may require a 5% fee. Payment by Plaid, or automatic ACH (eChecks) on Otter PR’s website will not receive any added transaction fees unless stated in writing.
5. Disputed Payments and Default
Otter PR makes every effort to be fully transparent in its payment terms and reminders. You must agree to our payment terms before engaging with Otter PR; therefore, you acknowledge liability for payments made in accordance with the terms of this Agreement. Otter PR is not responsible for sending billing reminders; it is your responsibility to keep track of your own accounts. If payments are disputed through a bank, in this case, ALL SALES ARE FINAL, and we will be required to challenge any disputes.
You agree that any dispute regarding this Agreement, and any claim made by you for return of monies paid to Otter PR shall be handled in accordance with applicable laws of the State of Florida. Specifically, if you seek to cancel credit card payments (or file a chargeback) for any Fees, then all guarantees are void, the full contracted agreement amount will become due, no additional work will be due to you, and your rights are canceled (including, without limitation, the license granted to you under Section 3 herein), and Otter PR reserves the right to dispute such cancellation and pursue you for monies owed to Otter PR for Services already performed but unpaid by you due to such credit card cancellation. You agree that, regardless of whether you are ultimately successful in any credit card cancellation dispute, you are liable to pay Otter PR for the full payment owed at the time of the dispute and any additional work done in processing or defending the dispute at an hourly rate of $350 per hour for all hours spent on your account. For example, if you are under a three (3) month agreement and you dispute the payment one (1) month in, you are still required to make the full three (3) month payment. In addition, regardless of whether you are ultimately successful in any credit card cancellation dispute, you agree that you are liable for any late fees and interest as provided in Section 4. Otter PR will provide you with an itemization of additional hours spent within a reasonable time upon your written request and payment will be expected in full within thirty (30) days from the date such itemization is provided. If you do not pay for such hourly work on Otter PR’s demand and within thirty (30) days, Otter PR reserves the right to initiate an action for breach of this Agreement, regardless of the previous outcome of any credit card cancellation dispute. Additionally, Otter PR reserves the right to pursue against you for the fees and costs (including reasonable attorneys’ fees) Otter PR had incurred in disputing or defending such credit card cancellation, including but not limited to the lost business profits in the form of time Otter PR and its representatives spent handling such dispute, at Otter PR’s hourly rate of $350. This provision shall survive any cancellation or termination of this Agreement. You agree
that prior to any arbitration filing or other filings for any claim of Otter PR’s alleged breach of this Agreement, You will provide notice to Otter PR in accordance with the notice provisions herein and allow Otter PR thirty (30) days to cure the alleged breach as a condition precedent to filing a claim.
6. Disclaimers and Limitation of Liability
a. You understand and agree that our Services and Our Materials are provided on an “as is” basis without any representations or warranties. We make no warranties regarding our Services and/or Our Materials, expressed
or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Without limiting the foregoing, Otter PR does not warrant or make any representations concerning the
accuracy, likely results, or reliability of the Services and/or Our Materials, including without limitation any materials on any sites linked to our Services or Our Materials.
c. In no event shall Otter PR, or its officers, members, managers, employees, and/or contractors, be liable for any
damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of our Services and/or the use or inability to use Our Materials, even if Otter PR or an Otter PR authorized representative has been notified orally or in writing of the possibility of such damage.
d. We do not warrant that any of our Services and/or Our Materials are accurate, complete or current. Otter PR
may make changes to its Materials at any time without notice. However, Otter PR does not make any commitment to update its Materials. You understand and agree that Otter PR does not have final edit on publications and holds no responsibility for typos, errors, and/or misrepresentations of you in relation to any of Our Materials or our Services.
7. The Otter PR Guarantee
A. Subject to Schedule “A” Otter PR may occasionally offer a guarantee depending on the specific services and packages selected. Specifically, Otter PR will meet the stated Successes or Guarantees provided in Schedule “A” within a set time listed in Schedule “A” the ” Guarantee Notice Date”, or Otter PR will refund you a max of one (1) month’s Fees at the then current Package you selected or as listed in Schedule “A.” If no guarantee is listed in Schedule “A” for your given services, then ALL SALES ARE FINAL.
B. The following definitions and limitations apply to the Otter PR Guarantee based on your selected package there may be more details provided in Schedule “A”:
a. “Commencement of the Package” means the date you select and commence payment for Your Package subject to the guarantee. For example, if on January 1st, you signed this Agreement and started paying for
the Essential Package, then the Commencement of the Package, for the Essential Package, means January 1st. Under that same example, if on February 1st you upgrade your package from The Essential to The Expert Package, then the Commencement of the Package, for the expert Package, is February 1st. This holds true unless a requested delay in start date is requested and approved, then the Commencement of the Package will be the first day of service provided.
b. The “Guarantee Notice Date” refers to the specific date when you formally notify Otter PR of any
anticipated inability to fulfill the agreed-upon guarantees. This notification must be submitted in writing to the refund request form https://otterpr.com/refund-request/. From the date of this notice, Otter PR has 90 days to fulfill all previously agreed-upon guarantees. Notice must be given within 15 days after the scheduled fulfillment date of the guarantee. Failure to provide notice within this 15-day window will result in forfeiture of the guarantee.
c. For all requests regarding adjustments or corrections (“Refund Requests”), it is required to strictly follow
the “Guarantee Notice Date” protocol. Upon sending a notification in accordance with this protocol, Otter PR must be given a minimum of 90 days to address the issue or meet the agreed-upon guarantees. If this minimum period to rectify the situation is not provided, the right to receive a refund will be forfeited.
d. The Otter PR public relations packages and prices changed on October 1st, 2022. If you are on a
grandfathered pricing plan or paid before (Commencement) October 1st, 2022 your package guarantee is limited to Guarantee Publication: “Special Offer” or Essential = 1 Success, Expert = 2 Successes, Executive = 3 Successes. No other guarantees or commitments are owed unless put in writing and signed by the Otter PR team.
e. Otter PR reserves the right to void any guarantees extended to its clients in the event that criminal charges,
legal issues, or other publicly known transgressions involving the client come to light. The efficacy of our services is fundamentally dependent on transparency and the disclosure of such issues. A failure to disclose, or inadequately document, these matters to Otter PR in writing prior to the commencement of services can substantially hinder our capacity to achieve the desired outcomes. Should such issues not be disclosed or are discovered later, or if their full extent is not properly documented before the initiation of our services, Otter PR retains the unequivocal right to terminate the working relationship with the client. In such cases, all fees owed to Otter PR for services rendered will be due, no refunds will be provided, and all sales are final.
f. THE OTTER PR GUARANTEE UNDER SECTION 7 IS VOID IF: (1) YOU DO NOT REPLY TO THE
TEAM IN WRITING WITH THE NECESSARY INFORMATION WITHIN 48 HOURS OF COMMUNICATION BY OTTER PR; OR (2) YOU TURN DOWN OR REJECT ANY OF OUR PLACEMENTS OR STRATEGY, OR (3) YOU DO NOT COMPLETE THE ONBOARDING FORM
AND STRATEGY PLAN (4) YOU ARE UNKIND, RUDE, INAPPROPRIATE, USE PROFANITY, THREATEN, SEXUALLY HARASS, AS WELL AS HARASSMENT RELATED TO RACE, ETHNICITY, NATIONAL ORIGIN, DISABILITY, RELIGION, AGE, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR OTHER TYPES OF HARASSMENT, ATTEMPT TO INTIMIDATE, MAKE ALLEGATIONS, OR GENERALLY MAKE THE OTTER PR TEAM UNCOMFORTABLE OR FEEL UNSAFE; OR (5) CANCEL YOUR SERVICE, RECEIVE A REFUND, REJECT QUOTES OR ARTICLES, REJECT SUCCESSES, WINS, LEADS, OR DELIVERY OF SERVICE, MISS INTERVIEWS, DISPUTE PAYMENTS, FAIL TO PAY INVOICES OR BILLS, MAKE YOURSELF UNAVAILABLE TO THE TEAM OR REFUSE SERVICES. FURTHER, IF WE FIND YOUR COMMUNICATION IS NOT ACCEPTABLE AS REQUIRED TO ACHIEVE YOUR SUCCESSES, IN OUR SOLE AND ABSOLUTE DISCRETION, THE GUARANTEE IS VOID.
8. Cancellation / Pausing / Credits / Extensions / Buyer’s Remorse
a. You may cancel this Agreement based on your Billing Cycle by completing the cancelation form as seen in Schedule “A” and letting us know that you wish to cancel your subscription. For your cancellation to take
effect without a charge on the following Billing Cycle, you must submit your cancellation request within the Cancellation Notice Window as noted in Schedule “A” before your renewal date. Upon timely receipt of your cancellation request, this Agreement will terminate on your renewal date. Once a plan renews, you are contractually obligated to finish the billing cycle, and no refunds will be provided. It is your responsibility to track billing dates; Otter PR is NOT responsible for sending reminders.
b. You may pause your account by submitting a pause request form, as detailed in Schedule “A”, following the
Cancellation Notice Window. Pauses will take effect at the start of the next Billing Cycle. However, if the pause request is made too close to the next Billing Cycle, as dictated by the Cancellation Notice Window, you will still be required to make the next scheduled payment. This action secures your current pricing for up to sixty (60) days (the “Pause Period”). After the Pause Period, your account will automatically resume, and billing will recommence as per this Agreement. By initiating a pause, you agree to make at least one more full payment and complete an additional billing cycle. Your account may be paused no more than once in any six- month period, and the Otter PR retainer program is not eligible for pauses.
c. Otter PR may, from time to time, offer customer credit. Credits are offered at Otter PR’s sole discretion.
Credits expire three (3) months from the original order date. After three months, any credit, extension, or paused service will expire, and NO refund will be provided.
d. ALL SALES ARE FINAL. Once an order is placed, it will not be refunded for “buyer’s remorse” or any other
reason unless directly related to an Otter PR guarantee listed in Schedule “A.” Refusing service will not result in a refund or credit.
e. If you need a refund for any reason, you must request a refund using our refund request form found in Schedule “A”. Refunds will not be provided unless stated in our terms at Otter PR’s sole discretion. Refund
requests may take up to 10 business days to review by the Otter PR team. If you dispute the payment before Otter PR makes a decision, you forfeit any rights to a refund and will be contractually obligated to make a repayment in full for any disputed payments. Refund request forms must be submitted within fifteen (15) days of the last day of service, or they will be automatically denied.
f. If you need a refund for any reason, Otter PR may, in its sole discretion, offer a max refund in an amount not to
exceed the equivalent value of thirty (30) days of Fees paid to Otter PR by you for Services (“Refund Limit”). The Refund Limit shall be calculated pro rata if you are not on a monthly payment schedule or as outlined in Schedule A for the specific service. If there is a conflict, Schedule A will control.
9. Miscellaneous
a. You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by Otter PR
to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY OTTER PR. Further,
you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
b. Each party agrees that during the term of this Agreement and for a period of two (2) years after its expiration
or termination, neither it nor any of its Affiliates (including any entity owned by the owners or managers of such party), employees, subcontractors, nor anyone acting on their behalf will solicit, hire, or attempt to hire or engage (directly or indirectly) any employee or independent contractor of the other party who is then employed by the other party.
c. The client consents to receive emails, text messages, calls, or other forms of communication from Otter PR for
both marketing and service purposes. The client acknowledges that providing consent is voluntary and that they can refuse to consent to market communications without any negative consequences, but they understand that service communications are essential to their engagement with Otter PR.
d. You hereby acknowledge that as a function of this Agreement, you or your officers, members, managers, employees, and/or contractors (collectively “Personnel”) will be interacting with us through phone, video calls
and conferencing, or by some other electronic or remote method (“Remote Communications”). You (i) consent to the recording of the Remote Communications of you and any of your Personnel in connection with this Agreement or any potential transaction and (ii) if applicable, you agree to obtain any necessary consent of, and give notice of such recording to, such Personnel. You further release, waive, discharge, and covenant not to sue us from and against any and all liability in any manner connected with the use and exercise of the rights granted and/or arising out of or related to the use or reuse of you and any of your Personnel’s appearance, name, voice, image, likeness and/or biographical information as they may appear in the recorded Remote Communications (including without limitation, claims based upon harm to reputation, disparagement, invasion of privacy and/or publicity). You hereby authorize us to use the recorded Remote Communications, in whole or in part, for any purpose whatsoever, including but not limited to in connection with the Services, any other production, advertising, promotion and/or merchandising of the same and further acknowledge that such recordings may be exploited in any and all media now known or hereafter devised, throughout the world, in perpetuity. You understand that you shall not be entitled to any compensation in connection therewith. You further agree to obtain from your Personnel, as applicable, any release or consent required to grant us the rights contemplated in this Section.
e. All notices to either party shall be sent electronically to the email address(es) provided by each Party to the
other (effective only confirmation of receipt by the receiving party) and as otherwise set forth below. Alternatively, such written notice will also be deemed given upon personal delivery, or on receipt or refusal if sent by U.S. first class certified or registered mail, postage prepaid, return receipt requested, or by a recognized private delivery service, to the addresses stated on first page of this Agreement. Either party may change its address for purposes of notice on five (5) days’ notice to the other party in the manner aforesaid.
f. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining
provisions will continue in full force and effect without being impaired or invalidated in any way. In such event, the Parties hereby acknowledge their intent to make such invalidated provision, or part of such provision, as to be deemed replaced with a valid provision or part of provision that most closely approximates and gives effect to the intent and economic effect of the invalid provision or part of provision. Any such modification shall revise the existing invalid provision, or part thereof, only as much as necessary to make the invalidly-held provision otherwise valid. Headings are used for convenience of reference only, are not part of this Agreement, and in no way define, limit, construe or describe the scope or extent of any section of this Agreement, or in any way affect this Agreement.
g. The failure of any party to insist on or enforce strict performance of any provision of this Agreement, or to
exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment of the right to assert or rely upon any such provision, right or remedy in that or any other
instance. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver may be construed as a waiver of any other and/or succeeding breach of such or any other provision of this Agreement, or a waiver of the provision itself.
h. Neither Party shall be responsible for any failure to perform beyond its reasonable control, including, without
limitation acts of God, national health emergency, acts or omissions of civil or military authority, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, or interruptions in telecommunications or internet services, third party vendors or network provider services.
i. In any action or proceeding commenced by any party against the other in connection with this Agreement, the
substantially non-prevailing party shall reimburse the substantially prevailing party for the reasonable attorneys’ fees and costs incurred by the substantially prevailing party in prosecuting or defending said action or proceeding or any appeal thereof. For the purposes of this provision, the “substantially prevailing party” shall be the party that the court or arbitrator determines has suffered the greater amount of monetary damages, as between the parties.
j. In addition to the indemnification terms in Section 3(G) herein, and in no way limiting same, you agree to
indemnify, defend, and save and hold harmless Otter PR, including its respective insurers, directors, officers, employees, agents, and representatives (collectively the “Indemnified Parties” and each an “Indemnified Party”), and to hold each Indemnified Party harmless from and against any and all claims, damages, losses, liabilities and expenses (including all attorneys’ fees and costs) which any Indemnified Party may incur or which may be asserted against any Indemnified Party by any person, entity or governmental authority, throughout the world, in connection with or relating to the matters referred to in this Agreement, resulting from or relating directly or indirectly to your breach of this Agreement. The foregoing indemnity shall survive expiration or termination of this Agreement.
k. Neither party shall be liable to the other party for: (1) any consequential, incidental, special or punitive
damages (including, without limitation, lost revenue, lost profits or loss of data), even if advised of the possibility of such damages, or (2) acts of negligence unless it is also proven to an the party was an intentional wrongdoer in accordance with Florida law. Notwithstanding anything contained herein to the contrary, Otter PR’s total liability to You under this agreement from all causes of action and under all theories of liability will be limited to a maximum of $15,000.
l. Waiver of Jury Trial. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).
m. Nothing herein contained shall constitute a partnership or a joint venture between you and us. Otter PR is
performing its Services to you as an independent contractor and not as your agent or employee. There is no
third-party beneficiary to this Agreement.
n. Except where otherwise expressly set forth in this Agreement, any dispute or claim arising out of or relating to this Agreement shall only be resolved by binding arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) rules, as modified by this Agreement, which shall take place in Pinellas County, Florida. Any arbitration proceeding, determination, or award, shall be confidential, and neither Party may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement. Judgment on any arbitration award may be
entered in any court having proper jurisdiction. All administrative fees and expenses of such arbitration proceeding will be divided equally between the parties, though each Party will bear its own expense of counsel, experts, witnesses and preparation and presentation of evidence at the arbitration (except where attorneys’ fees and costs shall be awarded pursuant to this Agreement). IF FOR ANY REASON THIS ARBITRATION CLAUSE IS DEEMED INAPPLICABLE OR INVALID, THE PARTIES FOREVER AND WITHOUT EXCEPTION WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE
CAPACITY. No action, regardless of form, arising out of or in conjunction with the subject matter of this Agreement may be brought by either Party more than one (1) year after the cause of action arose. Notwithstanding the foregoing, Otter PR may bring any claim solely for the purpose of debt collection or for injunctive relief directly in the appropriate federal or state court in Pinellas County, Florida, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding.
o. This Agreement is governed by and construed in accordance with the laws of the State of Florida without
reference to principles of conflict of laws. You hereby irrevocably consent to the personal jurisdiction of and agree that the sole venue for any dispute arising in connection to this Agreement shall be the courts of competent jurisdiction (State and federal) located within Pinellas County, Florida. You agree not to commence or prosecute any such action, claim or proceeding other than in such aforementioned courts. You agree that Pinellas County, Florida is a convenient forum, and you waive any objection to same under forum non conveniens principles.
p. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent
jurisdiction, such determination will not affect the validity or enforceability of any other provision of this Agreement.
Schedule A
Public Relations and Marketing Package Terms:
The terms described here apply to a comprehensive range of services that span both continuous and singular efforts in public relations and marketing. These services are generally offered through a pre-paid subscription retainer. Specific PR and marketing services may be highlighted as such during the checkout process. While we provide the option for month-to-month engagements, we strongly recommend committing to a full-year campaign to achieve the best results. This integrated approach ensures a cohesive strategy that not only manages and enhances the company’s public image through PR efforts but also aggressively promotes its products or services through targeted marketing strategies.
1. Cancellation Notice Window: For a monthly Billing Cycle cancellation or package changes require more than seven (7) days’ notice through one of the official Otter PR forms. For long-term contracts or agreements with payment terms longer than one (1) month, you must provide twenty (20) days’ notice of account changes.
2. All services will automatically renew and will be automatically billed unless canceled within the provided
Cancellation Notice Window.
3. Needed forms and contact details:
a. Cancellation form: https://otterpr.com/cancellation/
b. Update payment method: https://otterpr.com/update
c. Pause request form: https://otterpr.com/pause-request/
d. Refund request form https://otterpr.com/refund
e. Billing email: [email protected]
4. Service & Guarantee
a. Subject to Section 4(c) below and 7 of the Otter PR Service Agreement, Otter PR promises customers who subscribe to the Essential PR, Expert PR, or Executive PR Package a guaranteed number of Successes (as defined in Section (B) below). Specifically, Otter PR will meet the stated Successes within ninety (90) days of Guarantee Notice Date Date or Otter PR will refund you a max of one (1) month’s Fees at the then current Package you selected.
b. The ‘Guarantee Notice Date’ is the date when you must formally inform Otter PR, in writing, about
any anticipated failure to meet the agreed-upon guarantees. This notification should be made through the refund request form available at https://otterpr.com/refund-request/. Following this notification, Otter PR will have 90 days to fulfill all previously agreed guarantees. It is crucial to submit this notice within 15 days after the scheduled fulfillment date of the guarantee. Not providing notice within this 15-day period will result in the loss of the guarantee.
c. Depending on the Package you purchase, the applicable promises may include the below. All services must be expressly written into your package. If the listed item is not shown in your package, it is not
included.
I. Guarantee Publication: “Special Offer” or Essential PR = 1 Success, Expert PR = 2 Successes, Executive PR = 3 Successes
II. Guaranteed Top-Tier Publications: Packages may from time to time include “Guaranteed Top-Tier Publications” this guarantee contains one (1) guaranteed placement per quarter (every
three months) of active paid service. The definition of a “top tier publication” shall be determined by Otter PR in its sole and absolute discretion. Specific outlets and/or publications are never guaranteed unless expressly written in the package.
III. Pitching and Story Creation: Otter PR may, from time to time, pitch to the media and create
stories or releases on your behalf to garnish public attention.
IV. PR Team: The PR Team may include one or more PR professionals assigned to a client’s account.
V. PR Strategy: A PR strategy is a written or verbal plan that may be followed to represent the
client in the media. Plans may be changed or updated by Otter PR in its sole and absolute discretion.
VI. Market Research: Market research blends consumer behavior and economic trends for the
purpose of confirming and improving your business idea and plan. From time to time, Otter PR may use market research when creating press releases and pitches.
VII. Media Buying: Otter PR occasionally undertakes media buying on behalf of its clients. It’s
important to understand that specific details such as the exact copy, graphics, photos, along with the timing and type of placements, can significantly vary based on the discretion and operational policies of the media outlets involved. Additionally, timelines for approvals and publications may vary by outlet, reflecting their individual processes and schedules.
Consequently, these aspects are not guaranteed, and Otter PR does not hold final editorial or approval rights over these elements. This strategy allows us to maintain flexibility and adaptability in our media buying initiatives, ensuring that we can swiftly respond to opportunities and constraints as they arise. However, it also entails that the ultimate decisions regarding content specifics and placement schedules reside with the media outlets themselves. Our team works closely with these outlets to align their decisions as closely as possible with our clients’ objectives, while also navigating the complexities and variances inherent in the media landscape. See “Media Buying Terms” for more details on media buying policies.
VIII. Writing Team: Otter PR has a team of writers that may work on the back end of your account to help you achieve desired results. You may or may not have direct contact with the
writing team.
IX. Industry Media Monitoring: Otter PR may track topics across print, online, broadcast, and other media on your behalf.
X. Pitching: Depending on your selected package, Otter PR may reach out to contributors, editors,
journalists, and broadcasters on your behalf to attempt to earn you digital, Television, contributor, podcast, radio, and print opportunities.
XI. Crisis Management Strategy: Otter PR may, from time to time, provide advice or consult on
crisis situations or the potential of a crisis situation. Full-service crisis management and planning may be provided at an added cost.
XII. External Communication Audit: May be used to review and measure the effectiveness of the
communication tools currently in place and how messages are being perceived by target audiences. With the results of these audits, Otter PR may inform the client of the areas where improvement is needed to correct these communication deficits.
XIII. Ghostwriting: Otter PR may complete writing on the client’s behalf. Clients must request
work. By default, if ghostwriting is included in your package, you are provided up to 1,000 words per month and 1 hour of research. Credits do not carry over and expire each month. Services are limited to contributorship articles, blogs, and guest articles.
XIV. Media Training: Specialized form of communication training for interacting with media. The
goal of media training is to assist and prepare your employees to represent your company or organization to the media.
XV. Partner Outlet Collaboration: Otter PR leverages its established relationships with various
media outlets to facilitate your media success. Occasionally, these partner outlets may impose a nominal fee for production or writing services. Unless specified otherwise in a written agreement, Otter PR will cover these fees on your behalf. This policy is part of our commitment to ensuring seamless media engagement and maximizing the impact of your campaigns. Otter PR will not cover membership fees, dues, costs associated with award applications, or any other unrelated fees. The decision to cover any fees beyond those specifically related to production or writing services provided by our partner outlets remains at the sole discretion of Otter PR.
XVI. Linkedin Posting: If your package includes Linkedin, we may, from time to time, post on
your behalf. Our standard Linkedin package comprises of, at most, one thought leadership style post per week based on media successes or pitches we have created.
XVII. Online Reputation Management: As part of Otter PR’s ongoing PR efforts, we may monitor your sentiment in the media and act to improve it through media placements,
suppression, and other widely accepted techniques.
XVIII. Senior PR Strategist & Team: Otter PR will provide you with the best match possible for your account based on Otter PR’s discretion. This may include our most senior team or the team with the highest qualifications to communicate your mission and goal.
XIX. Retainer Program: Otter PR may offer from time to time a retainer program. No express
guarantees are included in this package; however, you will be provided the option of 1 credit per month. This credit can be used by request for a published article, press release, pitch, or written article not to exceed 1,000 words in length. Credits not used will expire.
XX. Custom Packages: Custom Packages = no guarantee unless expressly stated in the terms of
the Custom Package. The Otter PR Team must communicate any guarantees in writing.
XXI. Refunds: Otter PR may, from time to time, offer a “No questions asked” 30-day refund. This refund opportunity will be for a maximum of one-month payment and must be presented in
writing. If you are on a long-term contract, with payment terms more than one month at a time, only one month of services can be refunded. You must ask for a refund by using the refund request form found in Schedule “A” within 30 days of first signing up with Otter PR and making your first payment. The no questions asked refund is only for subscription PR services. To be eligible, you must have completed your Strategy Plan and onboarding form. You must have also attended all calls, rejected no placements, and followed Otter PR’s advice. If you request a refund and it is approved, you will surrender IP and/or material produced by the Otter PR team, and no further work or guarantees will be owed to you.
C. The following definitions and limitations apply to the Otter PR Guarantee:
a. “Successes” may include a Guaranteed Publication or Guaranteed Audio such as, by example, but not limited to, a podcast, radio, television, featured article, print article, copyrighting work, or a website
blog.
b. “Guaranteed Publication” on a website (e.g., featured article or website blog) will have a minimum site traffic greater than 10,000 visits per month or be an agreed-upon target outlet or placement.
c. “Guaranteed Audio” (e.g., radio or podcast opportunity) will have a minimum reach of 1,000 listeners.
You understand and agree that a Guaranteed Audio must be explicitly requested by you, each month, in order to be valid.
d. Notwithstanding the foregoing, there is no guarantee the Successes will include television, speaking, or an award. There is also no guarantee the Successes will include the creation of a Wikipedia page or
verification of any social media accounts.
D. Reporting & Case Studies: The client may request up to one (1) end-of-week reports in a given month. Otter PR may report on ALL media successes a client earns during its paid or paused time at Otter PR whether or not we were directly responsible. This might include success after cancellation if Otter PR was involved with the story in any way at Otter PR’s discretion. Otter PR may at times report on Search Engine Optimization (SEO) rankings, paid ads, revenue, social share value, and other metrics depending on the service rendered.
Media Buying Terms:
These terms remain focused on the purchase of advertising or placement space and are distinct from the ongoing public relations and marketing services provided by the firm. Media buying specifically refers to acquiring spots for advertisements or placements in various media. This process is crucial for both PR and marketing strategies, as it involves the strategic placement of advertisements to effectively reach the target audience, complementing the broader efforts to build and maintain a positive public image and promote the company’s offerings.
1. Needed forms and contact details:
a. Update payment method: https://otterpr.com/update
b. Refund request form https://otterpr.com/refund
c. Billing email: [email protected]
2. Banned Topics: All outlets operate under their own guidelines and terms of service, which include restrictions on certain topics. Otter PR will diligently screen your content to identify any potentially banned topics and, if necessary, collaborate with you to find suitable alternative placements or topics. Ultimately, the decision to reject certain topics lies with the outlets and editors, and Otter PR is not responsible for such rejections.
3. Background Checks: Otter PR may conduct background checks on clients but is not obligated to do so. The discovery of undisclosed civil or criminal activities or negative press pre- or post-engagement may impact deliverables or lead to placement rejections, for which Otter PR is not liable.
4. Content and Placement Guidelines: Otter PR does not guarantee the acceptance of specific copy, topics, placements, outlets, or styles. All media placements must adhere to the outlets’ specific guidelines and are subject to outlets’ editorial discretion.
5. Timeline and Refund Requests for Delays: Clients may request a refund if services are undelivered within one year (12 months) from the signing of the agreement or perches of the service. Otter PR then has a 90-day period to fulfill the service requirements, known as the “Notice Period.”
6. Media Buying Guarantee: Otter PR may, from time to time, offer various guarantees related to media buying. All guarantees must be in writing, typically as an addendum or Schedule B. If no guarantee is provided in
writing, then there is no guarantee, and ALL SALES ARE FINAL. When provided, Schedule B will include specific details about the opportunity.
1. Maximum Refund for Guarantee Media Buying: If a placement is rejected by an outlet or client and a Guarantee was provided, a maximum refund of 50% may be reimbursed if approved by the Otter PR board of directors, recognizing Otter PR’s committed efforts and resources. If only part of a multiple placement order is undelivered, a prorated 50% refund of the undelivered portion’s value may be reimbursed, based on Otter PR’s discretion or by invoice if priced individually before the sale. This refund refers only to one-time media purchases and cannot be used for subscription-based PR services.
2. Void of Refunds: Refunds may be void if clients reject viable alternative placements or fail to respond within two (2) business days. In such cases, all sales are final. This includes any other void reasons as outlined in the terms of service under “7. The Otter PR Guarantee”.
7. Final Sales Policy: Otter PR does not accommodate buyer’s remorse, changes in topics, or changes in placements post-agreement. Efforts will be made to assist with changes, but alterations in scope cannot be guaranteed. In these cases, all sales are final. Media buying cannot be canceled or altered after purchase.
8. Media Buying Process and Responsibilities: Otter PR oversees strategic negotiation, budget management, and ad placement optimization, ensuring alignment with campaign goals. Responsibilities include negotiating ad inventory, managing budgets, optimizing ads for performance, researching new ad venues, and coordinating with creative teams for timely ad delivery and copy.
9. Collaboration and Coordination: Otter PR collaborates with sites, networks, and channels to secure ad placements and works closely with creative teams to ensure the timely delivery of advertising assets across media channels.
10. Photos, Graphics, and Image Discretion: The use of specific photos, graphics, and images in media placements is not guaranteed and is subject to the outlet’s discretion.
11. Errors in Publication: While Otter PR strives to provide error-free work to outlets, including an approval process, it is not responsible for last-minute changes made by outlets’ editors. Otter PR does not control the outlets or placements but will make efforts to correct and prevent issues.
12. Edits, Rewrites, and Submissions: Articles and ads must adhere to the guidelines of the specified outlet or media. Otter PR is committed to aiding in the development of the narrative to ensure it meets these standards. Before submission, Otter PR provides unlimited edits to correct spelling, grammatical mistakes, and factual inaccuracies, such as incorrect dates, names, titles, etc. However, changes that involve adjusting the scope, ideas, concepts, or quotes are classified as rewrites. Regarding rewrites, if an approved article is rejected by you, the client, Otter PR allows up to two (2) full rewrites before the guarantee becomes void. A rewrite is defined as any alteration where more than 15% of the article is modified at Otter PR’s discretion and then submitted for approval to an editor, outlet, or media platform. After two (2) rewrites, there is an allowance for one (1) additional attempt. At this stage, Otter PR will assume complete ownership of the content and will be responsible for obtaining approval. If an approved article is rejected by the client in this final stage, the guarantee is considered null and void.
13. Billing: Media buying may be on a recurring subscription base or a one-time billing cycle, as noted at checkout.
Lead Generation Terms:
These terms relate to Otter PR, often referred to as Otter Leads. In this context, Otter Leads generally views its lead generation service as direct marketing, which may include flyer distribution, SMS, direct messages (DMs), email campaigns, or other forms of direct response marketing. Otter Leads provides retainer services with various billing cycles, but consistently recommends committing to at least six months to a year of service to achieve optimal results. When evaluating outcomes, it is crucial to assess your conversion rates and the time required to close deals. Your exact packages will have been determined at checkout. Otter Leads does not promise, guarantee, or promote a specific return on investment (ROI) for its services. The primary goal of Otter Leads is to provide targeted lead outreach and assistance with offers, aiming to persuade potential clients to express interest in direct marketing. This enables your company to foster relationships, schedule calls, and ultimately prospect potential business opportunities. This service is not related to media buying or public relations services and, as such, has its own terms.
1. Cancellation Notice Window: For a monthly Billing Cycle cancellation or package changes require more than seven (7) days’ notice through one of the official Otter PR forms. For long-term contracts or agreements with payment terms longer than one (1) month, you must provide twenty (20) days’ notice of account changes.
2. All services will automatically renew and will be automatically billed unless canceled within the provided
Cancellation Notice Window.
3. Needed forms and contact details:
a. Cancellation form: https://otterpr.com/cancellation/
b. Update payment method: https://otterpr.com/update
c. Pause request from:https://otterpr.com/pause-request/
d. Refund request form https://otterpr.com/refund
e. Billing email: [email protected]
4. Service & Guarantee
a. Subject to Section 4(c) below and 7. The Otter PR Guarantee in the Service Agreement Otter PR promises customers who subscribe to a lead generation package a guaranteed number of emails (as
defined in Section (B) below). Specifically, Otter PR will meet the stated Successes within ninety (90) days of completion of the Package, or Otter PR will refund you a max of one (1) month’s Fees at the then current Package you selected. This means if Otter PR doesn’t fulfill the promised results within 90 days after your package ends, they’ll refund you the equivalent of one month’s cost of the package you chose. To be eligible for any guarantees, you must be an active paying client for a minimum of three months with no outstanding payments due.
b. Depending on the Package you purchase, the applicable promises may include the below. All services
must be expressly written into your package. If the listed item is not shown in your package, it is not included.
I. Emails Sent: The number of emails communicated as part of our service is provided as an estimate. We endeavor to ensure accuracy, but please be aware that the actual number may
vary slightly from this estimation. By using our services, you acknowledge and accept that the estimated number of emails is subject to minor variations and this does not constitute a breach of our agreement or a reduction in service quality.
II. Setup Fee: A setup fee is applicable for users on our month-to-month service plans, covering initial account and service setup costs. However, this fee may be waived for customers who opt for our long-term service plans, as a gesture of appreciation for their extended commitment.
III. Email Domains & Email Addresses: Otter PR may, from time to time, purchase domains and set up emails on your behalf to provide email marketing or other services. Otter PR remains the owner of these domains.
IV. Email Copywriting Service Tiers:
I. Basic: Crafted by our US-based team using your materials and current offerings.
II. Advanced: Includes Basic features plus review by senior leadership, including potential input from Lead Gen Jay (no direct calls).
III. Premium: Builds on Advanced with added service of optimizing your offering for better email conversion effectiveness.
V. Email Marketing: Otter PR may, from time to time, do email marketing, outreach, and prospecting on your behalf.
VI. A/B Testing: Basic A/B Testing test up to 3 content variations to optimize performance. Premium A/B Testing expanded testing with up to 5 content variations for more in-depth analysis and optimization.
VII. Otter PR Data: Otter PR will, at its own cost, create a list of prospects for marketing and prospecting purposes. Otter PR owns this list and all data. You may request a copy of any list for an added charge of $1.00 per contact.
VIII. Domain & Email Warming: Otter PR may, from time to time, create and warm new domains and emails for the use of outbound prospecting on your behalf. Building new domains and emails can take two to four weeks before prospecting can take place.
IX. Strategy: A lead generation strategy is a written or verbal plan that may be followed to prospect leads. Plans may be changed or updated by Otter PR in its sole and absolute discretion.
X. Market Research: Market research blends consumer behavior and economic trends for the purpose of confirming and improving your business idea and plan. From time to time, Otter PR may use market research when creating prospect lists and target avatars.
XI. Writing Team: Otter PR has a team of writers that may work on the back end of your account to help you achieve desired results. You may or may not have direct contact with the writing team.
XII. Lead Data Services: Our team specializes in prospecting and cleansing contact information for effective use in our services. Please note that in certain verticals or niches, the availability of data may be limited, which can affect the pace of our marketing efforts.
XIII. Linkedin Posting: If your package includes Linkedin Posting, we may, from time to time, post on your behalf. Our standard Linkedin package comprises of, at most, one thought leadership style post per week based on media successes or pitches we have created.
XIV. Linkedin Lead Generation: If your package includes Linkedin Lead Generation Otter PR may use your LinkedIn account to prospect new leads. To do this, we require access to a team member’s personal LinkedIn account, and this account needs Linkedin sales navigator. You are responsible for the cost of the LinkedIn sales navigator. The service includes prospecting on one account, but more may be purchased anytime.
XV. CRM Access: Otter PR may provide CRM access to a dedicated account for you. CRM access may include features like a website, landing pages, AI appointment booker, calendar, pipelines, email marketing, SMS marketing, reporting, and more. Otter PR may view and use data in the CRM to report on current projects and for other purposes. Otter PR grants you a temporary license to the CRM tool. The CRM is extremely powerful, and for an additional cost, Otter PR can set up and automate processes for you in the CRM.
I. CRM and Calendar Integration: Otter PR will make every effort to integrate with
your CRM and calendar systems. However, direct access may be required to connect the APIs. In instances where integration is not feasible, you will need to use our calendar system.
XVI. Rent to Own Policy: Upon investing $12,000 towards your lead generation package and submitting a written request, we will transfer the entire system’s ownership to you. This transfer includes all domains, emails, copy, and leads generated under the package. Note that discounts are not applicable towards the “Rent to Own” total. Additionally, completion of an additional service agreement may be required to finalize the ownership transfer.
XVII. Retainer Program: Otter PR may offer from time to time a retainer program. No express guarantees are included in this package; however, on the retainer program, any leads that come in from past prospecting efforts will be shared with you. All domains and software will be kept active and warm, and you will retain access to the provided CRM and tools. You will also lock in your current pricing for up to six (6) months.
XVIII. Communications Audit: Our audits concentrate on examining the external communication aspects of your offering. This process is utilized to review and optimize both your email strategy and the associated copy.
XIX. Reporting: The client may request up to two (2) end-of-week reports in a given month. Otter PR may report on ALL leads a client earns during its paid or paused time at Otter PR, whether or not we were directly responsible. This might include leads after cancellation if Otter PR was involved with the prospecting in any way at Otter PR’s discretion.
XX. Custom Packages = no guarantee unless expressly stated in the terms of the Custom Package. The Otter PR Team must communicate any guarantees in writing.
XXI. Otter PR may, from time to time, offer a “No questions asked” 30-day refund. This refund opportunity will be for a max of one-month payment and must be presented in writing. If you are on a long-term contract, with payment terms more than one month at a time, only one month of service can be refunded. You must ask for a refund by using the refund request form found in Schedule A within 30 days of first signing up with Otter PR and first payment. The no questions asked refund is only for subscription services. To be eligible, you must have completed your Strategy Plan and onboarding form. If you request a refund and it is approved, you will surrender IP and/or material produced by the Otter PR team, and no further work or guarantees will be owed to you. You need to actively participate in discussions to achieve successful outcomes. Any delays in collaborating with the team could nullify the guarantee.
XXII. Variations, Testing, and Package Contents
I. Each package includes the promotion of only one offer, product, or service. Additional products or services can be included for an extra fee.
II. The effectiveness of results may be influenced by deviations from the suggested copy
provided.
III. Requests for complete rewrites, as well as failure to utilize our recommended A/B testing strategies and copy suggestions, may significantly impact the effectiveness of results.
XXIII. Limitations on Revisions
I. A maximum of one complete rewrite of copy is permitted per quarter. Notwithstanding, ongoing A/B testing will be conducted to optimize performance, within the constraints of this limitation.
II. Only one offer change or rewrite is allowed per quarter.
By adhering to these provisions, both parties agree to optimize campaign performance within the defined parameters for revisions, testing, and the inclusion of products or services in each package.
C. The following definitions and limitations apply to the Otter PR Guarantee:
a. Lead: A lead will be defined as an individual or organization that has expressed interest in a product, service, or offering, often by providing contact information (like an email address or phone number) or engaging in some form of interaction or inquiry.
b. Guarantees are void if you are not using Otter PR-provided tracking tools, including but not limited to
Otter PR calendar links.
c. Guarantee is void if ninety (90) days of active service has not passed. Active services (services start date) is the day Otter PR begins email prospecting on your behalf. This is typically two weeks after signing up due to the warming requirements.
d. The guarantee is void if you do not complete the onboarding form, onboarding call, and approved
content for prospecting.
