Terms of Service

Effective Date: May 11, 2025

Last Updated: May 11, 2025

1. Agreement to Terms

By accessing or using the services, website, or platforms provided by Big Hit Marketing ("Company," "we," "us," or "our"), you ("Client," "you," or "user") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use our services.

These Terms apply to all visitors, users, clients, and others who access or use our services, including but not limited to our insurance lead generation and marketing programs.

2. Company Information

• Legal Entity: Big Hit Marketing
• Contact Email: bighitinsurance@gmail.com
• Website: bighitmarketing.com

3. Service Description

3.1 Overview

Big Hit Marketing provides premium lead generation and marketing services for licensed life insurance agents, brokers, and advisors in the United States. Our services include but are not limited to:

• Qualified insurance lead generation
• Facebook and Instagram ad campaign management
• CRM setup, training, and access
• Website design and hosting
• Ad creative creation and management
• Biweekly performance reporting and strategy meetings

3.2 Service Tiers

We offer multiple service tiers with varying levels of service and pricing structures. Specific details are provided in individual Service Agreements.

3.3 No Guarantee of Results

While we work to deliver qualified leads that meet agreed criteria, we do not guarantee:

• Sales conversions or closed policies
• Specific revenue or commission amounts
• Business outcomes or financial results
• Response rates from prospects
• Specific lead quality beyond our stated criteria

Your results depend on your skills, effort, sales ability, follow-through, and market conditions.

4. Eligibility and Account Registration

4.1 Eligibility Requirements

To use our services, you must:

• Be at least 18 years of age
• Hold an active life insurance license in good standing in your state of licensure
• Have the legal authority to enter into binding contracts
• Provide accurate and complete registration information
• Maintain active professional licenses as required by your jurisdiction

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

4.3 Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Provide false or misleading information
• Engage in fraudulent or illegal activity
• Fail to maintain required professional licenses
• Engage in conduct detrimental to our business or team

5. Payment Terms

5.1 Pricing and Fees

Our services are provided on a subscription basis with recurring monthly billing. Specific pricing is outlined in your Service Agreement and may include:

• Setup fees (one-time)
• Monthly management fees
• CRM access fees
• Website hosting and maintenance fees
• Advertising spend (paid directly by Client to Meta — never through Big Hit Marketing)

5.2 Billing Cycles

A billing cycle refers to a calendar month unless otherwise specified in your Service Agreement.

5.3 Automatic Billing

By enrolling in our services, you authorize us to automatically charge your designated payment method for all applicable fees on a recurring monthly basis according to your billing schedule.

5.4 Payment Methods

We accept:

• Credit cards
• Bank transfers (ACH)
• Other payment methods as approved in writing

5.5 Failed Payments

If a payment fails:

• Services may be paused until payment is received
• Your account may be suspended or restricted
• You remain responsible for all outstanding balances

5.6 No Refunds

All payments are non-refundable. Services are provided on a subscription basis with no money-back guarantees. Review your Service Agreement carefully before enrolling.

5.7 Advertising Spend

Client is solely responsible for all advertising spend paid directly to Meta (Facebook/Instagram) or any other agreed platform. Big Hit Marketing does not handle, advance, or reimburse advertising spend under any circumstances. Client's billing information remains on Client's own ad account at all times.

5.8 Payment Disputes and Chargebacks

By using our services, you agree not to initiate payment disputes or chargebacks for services rendered. Doing so constitutes a material breach of contract and may result in:

• Immediate termination of services
• Legal action and collection proceedings
• Recovery of legal fees and associated costs

If you have a billing concern, contact bighitinsurance@gmail.com to resolve it directly.

6. Cancellation and Termination

6.1 Client-Initiated Cancellation

To cancel your subscription, you must:

• Provide written notice at least seven (7) days before your next billing date
• Send notice to bighitinsurance@gmail.com

Failure to provide proper written notice renders the cancellation invalid and billing will continue.

6.2 Commitment Periods

If you enrolled under a minimum commitment period:

• Early cancellation fees may apply if you cancel before the commitment period ends
• Specific terms are outlined in your Service Agreement

6.3 Automatic Renewal

Unless you provide proper cancellation notice, your subscription will automatically renew at the end of any commitment period on a recurring monthly basis at the same rate.

6.4 Company-Initiated Termination

We reserve the right to terminate your access immediately for:

• Violation of these Terms
• Disrespectful behavior or misconduct
• Failure to maintain required professional licenses
• Fraudulent activity or misrepresentation

No refund will be provided for company-initiated terminations due to policy violations.

7. Intellectual Property Rights

7.1 Company Ownership

All content, systems, processes, frameworks, training materials, marketing strategies, ad creatives, and methodologies provided by Big Hit Marketing are our exclusive intellectual property and are protected by copyright, trademark, and trade secret laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our materials solely for your personal use in connection with our services. This license terminates immediately upon termination of your subscription.

7.3 Restrictions

You may not:

• Copy, reproduce, or distribute our materials
• Reverse engineer or replicate our systems
• Share access with unauthorized third parties
• Create derivative works based on our intellectual property
• Use our materials to train or coach others without written permission
• Remove or alter any copyright notices

8. Confidentiality and Non-Disclosure

8.1 Confidential Information

You agree to keep confidential all proprietary information, systems, processes, and business strategies shared during your engagement with us.

8.2 Non-Disclosure Period

Confidentiality obligations remain in effect during your subscription and for two (2) years following termination.

9. Non-Solicitation

9.1 Non-Solicitation of Personnel

During your subscription and for one (1) year thereafter, you agree not to solicit, recruit, or hire our employees or contractors.

9.2 Non-Solicitation of Clients

You may not solicit other Big Hit Marketing clients for competitive services or business purposes that circumvent our business relationship.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied.

10.2 No Professional Advice

Big Hit Marketing is a lead generation and marketing company. We do not provide:

• Financial advice
• Legal advice
• Tax advice
• Insurance recommendations
• Professional licensing guidance

You are solely responsible for compliance with all applicable laws and regulations in your industry including all state insurance regulations and licensing requirements.

10.3 Third-Party Services

We may refer you to independent third-party vendors or service providers. We are not responsible for the quality, performance, or outcomes of third-party services.

10.4 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our control, including natural disasters, government actions, internet or technology failures, or third-party platform outages.

10.5 Limitation of Liability

To the maximum extent permitted by law:

• Our total liability is limited to the amount you paid in your most recent billing cycle (excluding ad spend)
• We are not liable for indirect, incidental, consequential, or punitive damages
• This includes lost profits, lost revenue, lost data, or business interruption

11. Indemnification

You agree to indemnify, defend, and hold harmless Big Hit Marketing, its owners, employees, contractors, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your representations to prospects or clients
• Your professional conduct or licensing issues

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by applicable law without regard to conflict of law principles.

12.2 Good Faith Resolution

Before initiating any legal action, both parties agree to attempt to resolve disputes in good faith through direct communication.

12.3 No Class Actions

You agree to resolve disputes individually and waive the right to participate in class actions or representative proceedings.

12.4 Attorney's Fees

The prevailing party in any legal action is entitled to recover reasonable attorney's fees and costs.

13. Compliance

13.1 Licensing Compliance

You are solely responsible for ensuring your sales activities, licensing, and all communications with prospects comply with all applicable federal and state insurance regulations.

13.2 Regulatory Compliance

You agree not to make any representations to prospects that are false, misleading, or non-compliant with your state's insurance regulations.

13.3 License Suspension

You agree to immediately notify Big Hit Marketing if your insurance license is suspended, revoked, or lapses for any reason. Services will be paused pending reinstatement.

14. Recording and Monitoring

By scheduling or participating in calls or meetings through our systems, you consent to being recorded for quality assurance, training, and dispute resolution purposes.

15. Modifications to Terms

15.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective upon posting updated Terms on our website or notifying you via email.

15.2 Continued Use

Your continued use of our services after changes constitutes acceptance of the modified Terms.

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with your Service Agreement, constitute the entire agreement between you and Big Hit Marketing regarding use of our services.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms. We may assign our rights and obligations without restriction.

16.5 Electronic Communications

You consent to receive communications from us electronically including email notifications, platform messages, and electronic agreements.

16.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Big Hit Marketing.

17. Contact Information

For questions about these Terms or any billing concerns:

• General and Legal Inquiries:
• Email: bighitinsurance@gmail.com
• Website: bighitmarketing.com

18. Acknowledgment

By using our services, creating an account, or executing a Service Agreement, you acknowledge that:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You have the authority to enter into this agreement
• You hold an active life insurance license in good standing
• All information provided is accurate and complete
• These Terms constitute a legally binding agreement between you and Big Hit Marketing