1. Agency Services NextEra Marketing, LLC ("Agency") is a full-service marketing and advertising firm that provides strategy, creative design, branding, content development, digital marketing, website development, and related consulting services. The Agency is responsible for fulfilling the services outlined in the Scope of Work and Billing Summary ("Agreement"). The Agency operates independently and does not guarantee specific results but will perform all services in a commercially reasonable manner to achieve optimal outcomes for the Client. All Agency services are subject to the following terms and conditions.

2. Product and Service Terms The contract term commitment for all products begins upon receipt of the first paid month of service after the initial setup is complete. Custom Scopes of Work may alter these terms and conditions; in such cases, refer to the specific and most current Scope of Work document for applicable modifications.

The Agency offers a variety of marketing and advertising services, including but not limited to:

• Websites & Listings Management: Requires a minimum twelve (12) month commitment.

• Digital Products: Includes but is not limited to SEM (Search Engine Marketing), GLS (Google Local Services), SEO (Search Engine Optimization), AEO (AI Optimizations) Display Advertising, Social Media Marketing, E-mail Marketing, Social Media Posting, Streaming Advertising, and other related services. These require a minimum six (6) month commitment.

• Creative Projects: Includes logos, branding, graphic design, press releases, photography, video production, and more. Terms are customized based on the Scope of Work. Upon full payment, the Client receives the final deliverables. However, raw assets, such as unedited photos, video footage, and other working files, remain the property of the Agency unless the Client chooses to purchase them separately.

• Media Buying & 3rd Party Purchases: Includes but is not limited to media placement, printing, and third-party vendor services. Terms for media buying and third-party purchases are customized and will be outlined separately per project.

3. Automatic Renewal Upon completion of the initial contract term, all services will automatically renew on a month-to-month basis under the same terms and conditions unless canceled as per the terms below.

4. Payment Obligations & Suspension Policy

For all digital services, the Client agrees to provide a valid credit card to remain on file with the Agency. All services are prepaid, and no work will be performed if payment is not successfully processed. Additionally, the Agency charges a management fee, which will continue to accrue in accordance with the contractual agreement, regardless of service interruptions due to failed payments.

Upon completion of the initial contract term, all services will automatically renew on a month-to-month basis under the same terms and conditions unless canceled as per the terms below.

5. Cancellation Terms

If the Client wishes to cancel any services, a written cancellation notice must be provided at least sixty (60) days in advance. Failure to provide timely notice will result in continued billing and service obligations until the required notice period is met. No assets will be transferred until the Client’s account is paid in full.

Landing pages created for specific campaigns are non-transferable and remain the property of the Agency. Upon termination, the Client will not have rights to these landing pages, as they are developed solely for campaign execution and are not designed for long-term ownership or transfer.

Unless the Client has paid for storage or for additional footage or assets, the Agency reserves the right to delete all stored assets sixty (60) days after Client cancellation. If the Client wishes to retain such assets beyond this period, they must arrange for storage and associated fees in advance with the Agency.

Client agrees to pay all invoices on time. While digital services must be paid in advance, failure to make a payment within thirty (30) days of the due date will result in the suspension of website services until payment is received. If payment remains unpaid beyond sixty (60) days, the Agency reserves the right to terminate website services entirely. Depending on hosting and administrative costs, a reactivation fee may apply if the website is reinstated after suspension.

All products, services, and associated fees are detailed in the Agreement. Any modifications to services will be reflected in the most current Agreement or Scope of Work. The Client may request service changes, which will be subject to cost adjustments. The Client agrees to pay all fees on time. Payments not received within thirty (30) days may incur a 1.75% monthly finance charge, and collection procedures may be initiated.

6. Transferability of Digital Assets

• Websites: Ownership and transferability are governed by the latest Scope of Work and pricing assigned to the website. If the Client fulfills the required twelve (12) month term for Website Development or Redesign and provides sixty (60) days' written notice, website ownership transfer may be requested. Upon transfer, the Client assumes responsibility for licensing agreements, third-party elements used for the website, and any fees associated with the website, including but not limited to hosting, domain renewals, and platform costs.

• Digital Assets: This includes Google Listings and Social Media accounts created by the Agency. These will be transferred to the Client within the required notice timeframe upon termination, provided the Client’s account is in good standing. All outstanding balances must be paid in full before the transfer occurs.

• Digital Accounts: Accounts created by the Agency for services such as Google Search Console, Meta Business Manager, GLS, SEM, SEO, and other digital marketing efforts will remain the property of the Agency and are non-transferable. These accounts are considered proprietary to the Agency’s business practices and methodologies.

• Ownership & Intellectual Property Upon full payment, ownership of all work created by the Agency transfers to the Client, subject to third-party licensing restrictions. The Client assumes responsibility for verifying legal clearances for trademarks, taglines, and other branding elements. The Agency does not guarantee the availability or registration of any marks.

7. No Guarantee of Performance The Agency will make commercially reasonable efforts to deliver high-quality services and marketing strategies. However, the Agency makes no guarantees, warranties, or promises regarding the performance, results, or effectiveness of any products, campaigns, or services sold. The Client acknowledges that marketing, advertising, and digital strategies are subject to variables outside the Agency’s control, including but not limited to market conditions, consumer behavior, search engine algorithm changes, and third-party platform policies.

8. Third-Party Purchases (Media Buying, Printing, Vendor Services)

Additionally, any costs associated with third-party purchases are the sole responsibility of the Client, and the Agency is not liable for any unexpected price changes or service failures by third-party vendors. The Agency may facilitate third-party purchases on behalf of the Client for media placements, printing, vendor services, and related expenses. If the Client has an established credit line with a media outlet, the Agency may enter contracts based on the approved credit limit and will bill the Client directly. If credit is not secured, the Client must prepay all third-party purchases. The Client acknowledges that the Agency may receive commissions, rebates, or markups from third-party vendors and agrees to this industry-standard practice. The Agency assumes no responsibility for delays, quality issues, or performance failures caused by third-party providers.

9. Indemnification The Client agrees to indemnify and hold the Agency harmless from any claims resulting from information or materials provided by the Client. The Agency will indemnify the Client against claims related to Agency-created work, except where claims arise from Client-supplied materials. Neither party shall be liable for indirect, incidental, or consequential damages.

10. Termination of Agreement Either party may terminate this Agreement with thirty (30) days' written notice if the other party breaches material terms, becomes insolvent, or undergoes bankruptcy proceedings. The Agency’s obligations, including media placements, will continue during the notice period.

11. Governing Law This Agreement is governed by the laws of the State of Oklahoma. Venue for disputes is Oklahoma County, Oklahoma.

By signing this Agreement, the Client acknowledges and agrees to the above Terms & Conditions.