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Data, Analysis & Insights
    Services to keep your organization moving in the right direction, from data to insights.


Every business needs a compass and a navigator – tools and expertise to keep them on track and away
from disaster. You may have found that Google Analytics is a great tool, but your business doesn’t have
the internal resources necessary to maintain a consistent focus or stay on course.

At Vertical Nerve, we see our role as a trusted navigator. Our certified analysts are able to assist you
along the way with valuable services and expert advice to help you reach your goals. Our data analysis
and insights can help chart the path to victory for your business.
Vertical Nerve, a Leader in Digital Marketing & Analytics

Thank you for considering Vertical Nerve, a recognized leader in digital marketing and analytics. Since
1998, our company has helped thousands of businesses and organizations find success online.

We’ve been fortunate to work with some of the world’s leading brands to help turn digital intelligence
into actionable insights. In turn, these clients have become our leading advocates, routinely leaving
reviews on the web like these:




                 See more reviews and our 5-star rating at the Google App Marketplace.




                                                                             A few clients we’ve helped recently
Google Analytics Audit

                   Are you 100% confident the data in your account is accurate?

                   Vertical Nerve has seen hundreds of Google Analytics accounts over the years,
                   but it’s rare for us to find one that has been setup perfectly from the beginning.
                   Without high quality data, finding insights can be difficult or misleading.

Our Audit report is a comprehensive look at your account, including all of the things are that
working well and highlighting things that aren’t. Think of it as a complete inspection of your account.
We provide clear instructions for improving your data quality, and our analysts review the audit
report with you to ensure that you have a game plan for getting your Google Analytics reports in top
shape!

Perfect for…                                       Our Audit Covers…

Any business or organization that uses Google              Profile Configuration Settings
Analytics and wants to have a written report               Common Configuration Errors
verifying setup and data accuracy.                         Common Features Not Utilized
                                                           Detailed Recommendations




Google Tag Manager Migration

                  Do you find the tagging process frustrating?

               Recently, new tools have come available to make the process of tagging and
               collecting data even easier. Tag management solutions like Google Tag Manager
              (a free product) can simplify the process of adding, editing or removing marketing
and measurement tags on a site.

Vertical Nerve was among the first companies certified for Google Tag Manager. We can help your
organization migrate to Google Tag Manager quickly and efficiently.

Perfect for…                                       Google Tag Manager Benefits:

Any business or organization that finds the                Launch new tags with just a few clicks
process of adding, editing or removing tags on             No Coding or IT Involvement
a website difficult. Google Tag Manager works              Faster Page Load Times
with almost all tracking solutions, so nearly              Supports Google and non-Google tags
every site can take advantage of its benefits.

Vertical Nerve is a proud Google Tag Manager certified partner.
Jumpstart Conversion Analysis

                 Now the fun part! Let’s turn that quality data into actionable insights.

                 Once your web traffic data is in good shape, it’s time to start finding insights and
                 making improvements! This is where our team excels – not just collecting data or
                 reporting, but identifying opportunities for improvement and capitalizing on
                 them.

A Jumpstart Conversion Analysis is a one-time analysis of your account. Our team spends time to
understand your objectives, and then we dive head-first into the data looking for website issues,
unnecessary abandonment points, areas of optimization, attribution models and more. Basically,
we’re looking for concrete ways to improve your conversion rate and drive more business (leads,
sales, revenue, etc.). We then provide those recommendations in written form, and schedule a call
to go over each one in detail.

Perfect for…                                      Our recommendations will:

Any business or organization that wants a                 Identify Problem Areas & Key Issues
boost in online conversion rates or                       Eliminate Wasteful Marketing Spend
performance.                                              Capitalize on High-performing Traffic
                                                          Highlight Optimization Opportunities




Continuous Analysis & Insights

                   Let us partner with your team to provide insights & analysis as you grow.

                   “Continuous Improvement” is a buzz-word, but more than that it has become a
                   way of business for smart organizations. Remember the old days of designing a
website and leaving it static for a couple of years until a new design came along? Long gone. Savvy
marketers are now opting for continuous improvement using real visitor data, not hunches.

The certified analysts at Vertical Nerve can provide expert analysis, guidance and insights for your
organization at a fraction of the cost of an in-house analyst. We provide high-value reporting,
insights and recommendations without a long-term contract or commitment.

Perfect for…                                      Services Included:

Organizations that need ongoing support or                Weekly ROI Reports & Insights
analysis to continually improve and advance               Priority Support & Quarterly Onsite Training
their web efforts.                                        Custom, Executive Dashboards
                                                          10 hours each month for Support & Training
                                                          A/B & MV Testing Ideas & Implementation
Analytics Training

                Does your team need more practical knowledge with Google Analytics? Need to
                sharpen your skills or learn some of the advanced features that can really turn data
                into insights? A training session might be just the option for you!

               A Google Analytics certified specialist will provide a thorough study of using Google
               Analytics, including an understanding of the metrics and how each can be used to
benefit your organization.

Our team has hosted dozens of trainings across the United States. We can tailor a session for you
and your team that is focused, relevant and fun. We offer training in both virtual and classroom
formats, and are willing to travel to your location or host your team at our office.

Perfect for…                                      Training Topics:

Teams or individuals who want to better                   Understanding Dimensions & Metrics
utilize Google Analytics for themselves, or               Creating Performance Dashboards
want guidance on leveraging the latest                    Advanced Segmentation
features and benefits of Google Analytics.                Custom Reporting




Hourly Support

               Sometimes a little support or expert guidance can go a long way. We understand that
               using tools like Google Analytics or Google Tag Manager can be difficult at times, so
               we offer affordable hourly support packages to address unique needs.

Talk to one of our business consultants to determine the amount of support that’s right for you.
We’ll do our best to give you an accurate estimate. Unused support hours can be used for up to 60
days for further assistance or training.

Perfect for…                                      Common uses:

An organization with specific needs or                    Advanced Technical Audit
technical requirements.                                   Analytics API Consulting
                                                          Cross-domain Tracking
SERVICE ORDER FORM


Service Options (initial next to desired services)

Name & Description                                                                             Initial   One-time Fee   Monthly Fee

     I.        DATA QUALITY SERVICES

Google Analytics Audit

Our most popular service! A complete check-up of your account, including configuration         ______      $1,500          n/a
settings, data accuracy, feature utilization, etc.



Google Tag Manager Migration

Since the effort level depends on several factors, call us for a price quote to migrate        ______     $______          n/a
your site(s) to Google Tag Manager.


     II.       DATA ANALYSIS SERVICES

Jumpstart Conversion Analysis

One-time analysis and recommendations for improving the performance of your                    ______      $2,000          n/a
website guided by data-driven insights. A great post-audit option!


Continuous Analysis & Insights

A monthly ongoing service for continual data-driven analysis and insights by our               ______        n/a          $1,650
certified team. No long-term commitment. 30-day cancellation notice required.


ADDITIONAL SUPPORT SERVICES

Google Analytics Training

Training sessions are available in virtual or in-person settings. Call us for a custom quote   ______     $______          n/a
for training at your organization!


Hourly Analytics Support

Hourly support available and sold in 5, 10 and 20 hour buckets.                                ______     $______          n/a
($750, $1,450 & $2,700 respectively)
SERVICE ORDER FORM

 Purchaser Contact Information

        Company:                                                                  Phone:

         Contact:                                                                    Fax:

       Address 1:                                                                  Email:

       Address 2:                                                               Website:




 Purchaser Signature:

     Accepted by:                                                                   Title:



   Printed Name:                                                                   Date:


 By signing this service order, I agree to charges for all initialed services selected on the previous page of this document.




 Company Signature & Contact Information:

    Approved by:                                                                    Title:   General Manager



   Printed Name:     Ernie Cote                                                    Date:     1/7/2013


                     8350 North Central Expy, Suite 1600
         Address:                                                                 Phone:     1-800-330-9450
                     Dallas, TX 75206


              Fax:   214-826-2090                                                  Email:    erniec@verticalnerve.com




THE PURCHASER SHALL PAY 100% OF THE TOTAL OF INITIALED ITEMS UPON SUBMISSION OF THIS SALES ORDER. THE BALANCE OF THE PURCHASE PRICE SHALL BECOME
DUE AND PAYABLE UPON DELIVERY OF THE GOODS AND SERVICES THAT ARE THE SUBJECT OF THIS SALES ORDER. ALL ACCOUNTS MORE THAN 60 DAYS PAST DUE SHALL
INCUR A DELINQUENCY CHARGE EQUAL TO ONE AND ONE-HALF PERCENT (1-1/2%) PER MONTH OF THE OUTSTANDING BALANCE, OR THE HIGHEST LAWFUL RATE PERMITTED
BY APPLICABLE STATE LAW, WHICHEVER IS LESS. ALL CD/DVD ORDERS ARE SUBJECT TO PLUS OR MINUS 5% OF ORDERED VOLUME.

THIS SALES ORDER, WHEN SIGNED BY THE PURCHASER, CONSTITUTES AN OFFER BY THE PURCHASER TO VERTICAL NERVE, INC (THE "COMPANY") TO PURCHASE THE
GOODS AND SERVICES IDENTIFIED ABOVE ON THE TERMS AND CONDITIONS SET FORTH IN THIS SALES ORDER. THIS SALES ORDER IS SUBJECT TO THE COMPANY’S
ADDITIONAL TERMS AND CONDITIONS WHICH ARE ATTACHED TO THIS SALES ORDER.
TERMS & CONDITIONS

1. Purchase Terms. Pursuant to this sales order and agreement (the “Agreement”), Vertical Nerve, Inc., (the “Company”) shall provide and you (the “Purchaser”) shall purchase certain goods and services (the
“Goods and Services”) pursuant to this Agreement. This Agreement more specifically describes the Goods and Services sought, indicates the quantity to be purchased, sets forth the delivery schedule for each of
the Goods and Services purchased and sets the purchase price.


2. Disclaimer of Warranties. The Company has made no affirmation of fact or promise relating to the Goods and Services identified for purchase that has become any basis of this bargain. Further, the Company
has made no affirmation of fact or promise relating to the Goods and Services being sold that created or amounted to an express warranty that the Goods and Services would conform to any such affirmation or
promise. Any description of the Goods and Services in this Agreement is for the sole purpose of identifying the Goods and Services, and the description of the Goods and Services has not been made part of the
basis of the bargain and has not created an express warranty that the Goods and Services would conform to any description made by the Company. It is specifically agreed that the Goods and Services sold by the
Company are sold without any implied warranty, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose.


3. Limitation of Liability. The Company shall have no liability with respect to its obligations under this Agreement for consequential, punitive, exemplary or incidental damages including, but not limited to
damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss, even if it has been advised of the possibility of such damages. The Company’s aggregate liability
for any cause of action asserted with respect to its provision of the Goods and Services or its obligations under this Agreement shall not exceed the amounts paid by the Purchaser under this Agreement. In
addition, the Company shall not be liable for any damage caused by any interruption of Internet or telecommunication service or any breach of Internet security beyond the reasonable control of the Company.

4. Payment. The total sales order price, delinquency charges and applicable taxes for the Goods and Services (the “Full Purchase Amount”) shall be payable as indicated on this Agreement. The Company
reserves the right, in addition to and without limitation on any other remedies to which it may be entitled by contract, law or otherwise, to assess a 25% cancellation penalty in the event that this Agreement is
terminated. If Purchaser has not paid the Full Purchase Amount when payment is due, the Company may at its option, and in addition to any other remedies to which it may be entitled, without limitation on such
remedies, terminate this Agreement in its sole discretion and retake possession of the Goods and Services. In such event, the Purchaser will forfeit any sums previously paid for the Goods and Services and shall
be liable to the Company for all expenses associated therewith, collection expenses and attorneys' fees. The Purchaser shall receive written notice from the Company at least three (3) calendar days before such
forfeiture and retaking so that the Purchaser may pay the outstanding balance within such three (3) day period in order to prevent such forfeiture and retaking. The Purchaser shall provide the Company with a copy
of any tax exemption certificate for the "Ship To" location, if any exemption from sales or use taxes is claimed by the Purchaser.

5. Risk of Loss. Purchaser bears the risk of loss upon the earlier of receipt of the Goods and Services by the Purchaser or shipment of the Goods and Services by the Company to a third party courier for delivery
to the Purchaser.

6. Representations, Warranties and Indemnification. The Purchaser represents and warrants that it is the owner or has the full licensing rights and all other necessary authority to use all content and materials
(including, without limitation, copyrights, trademarks and other intellectual property rights) provided to the Company for use as content in the Goods and Services, and that such use does not violate any copyright,
trademark or other intellectual property rights of any other person or entity. The Purchaser agrees that the Company may identify the Purchaser as a client in any of its advertising or other promotional materials or
activities. The Purchaser hereby agrees to indemnify and hold harmless the Company (and its officers, directors, employees and agents) from any and all losses, damages, fees, costs, fines and expenses
(including without limitation, legal fees and expenses) (collectively, "Damages") that the Company may incur as a result of: (i) the Purchaser's breach of any covenant or representation or warranty contained herein,
(ii) any infringement of any patent, copyright, trademark, trade secrets or other intellectual property right of any third party resulting from the Company's use of information provided by the Purchaser, or (iii) the
violation of any laws or regulations, including without limitation any “anti-spam” laws or regulations, by the Purchaser in connection with its use of the Goods and Services. The Purchaser further agrees to pay such
Damages as they come due to the Company. The representations, warranties and right to indemnification provided by this Paragraph shall survive the termination of this Agreement.

7. Non-solicitation of the Company’s Employees. During the term of this Agreement, and for a period of 12 months after this Agreement is terminated by either party hereto, the Purchaser shall not solicit the
employment of, employ, or contract with, any of the Company’s then-current personnel with whom Purchaser had contact under this Agreement. This Section 8 shall not apply in any situation in which an employee
of the Company initiates contact with the Purchaser regarding employment or in which an employee of the Company seeks employment by the Purchaser in response to the Purchaser's general recruiting efforts
(e.g., advertisements or listings in publications of general circulation).

8. No Waiver. No failure or delay by the Company in exercising any right, power or privilege given by any provision of this Agreement shall operate as a waiver of the provision. Additionally, no single or partial
exercise of any right, power or privilege shall preclude any other or further exercise of that or any other right, power or privilege.

9. Governing Law. The law of the State Texas shall govern this Agreement, without giving effect to any choice of law or conflict of law principles that would result in the application of the law of another jurisdiction.
The state or federal courts for Dallas County, Texas shall have exclusive jurisdiction over any dispute arising under or relating to this Agreement, and the Company and the Purchaser agrees to and shall be subject
to service of process and personal jurisdiction therein.

10. Notices. Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be delivered by hand; sent by certified U.S. mail, cable, telex, telegram, facsimile
transmission or electronic mail; or delivered by overnight or similar delivery service, fees prepaid, to the party to whom such notice is to be given. All notices given under this Agreement shall be deemed received
three (3) calendar days after deposit in the United States mail if sent via certified mail, on the date of actual delivery if sent via overnight courier, and on the date of actual transmission or delivery if sent via cable,
telex, telegram, facsimile transmission or electronic mail or if delivered personally. Notices to the Purchaser and the Company shall be given at the respective addresses set forth in this Agreement. A party may
change its addresses for notice by informing the other of the change in writing.

11. Force Majeure. Neither party shall be liable for any delays or failure to perform any of its obligations hereunder due to any causes or contingencies beyond each such non-performing party's control including
without limitation, fires, accidents, Acts of God, war, strikes or other labor disputes, governmental actions, orders, or regulations, and any and all other similar matters beyond the control of the parties, except that
nothing in this Paragraph eliminates the obligation or extends the due date for payments for Goods and Services due to the Company under this Agreement.

12. Remedies. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and in addition to every
other remedy given hereunder, now or hereafter existing at law or equity or by statute or otherwise. THE PURCHASER HEREBY AGREES THAT MONETARY DAMAGES MAY NOT BE ADEQUATE TO REMEDY
BREACHES OF THIS AGREEMENT AND EXPRESSLY AGREES THAT THE COMPANY MAY OBTAIN AN INJUNCTION OR OTHER EQUITABLE REMEDY TO PROTECT ITS RIGHTS HEREUNDER.

13. Entire Agreement. The Purchaser acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Further, the Purchaser agrees that this Agreement
constitute the complete and exclusive agreement between the parties with respect to the matters contained herein, and that such Agreement supersedes and replaces all other documents including, without
limitation, oral or written agreements and all other communications between the parties relating to the Goods and Services.

14. Severability. If any part of this Agreement is found to be prohibited by law, the remainder shall remain valid and enforceable.

15. Counterpart Execution. This Agreement may be executed in multiple counterparts, which shall have the same force and effect as an original. Telecopied or faxed copies of signatures shall be effective and
shall bind the party signing in that manner.

16. Successors and Assigns. This Agreement shall be binding on, and shall inure to the benefit of the parties' respective heirs, successors and assigns, if any. The Purchaser may not assign its rights under this
Agreement without first obtaining the written consent of the Company, such consent not to be unreasonably withheld.

17. Construction of Agreement. Each party has participated fully in the drafting, review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement.

18. Term and Termination. This Agreement may be terminated (i) by either party upon 30 days written notice; (ii) by either party for any material breach of this Agreement that is not cured within 15 days of the
breaching party’s receipt of notice specifying the breach; (iii) by the Company immediately upon notice that the Purchaser is or may be insolvent or bankrupt; or (iv) by the Company immediately upon the
Purchaser’s failure to make any payment required under this Agreement. The Company shall retain all moneys paid to the Company prior to any termination of this Agreement. In the event that this Agreement is
terminated and there remains unpaid or outstanding some or all of the Full Purchase Amount due with respect to any Goods or due through and including the original term of service (a “Service Term”) with respect
to any Service, within 14 days of the effective days of any termination of this Agreement, the Purchaser shall pay an amount to the Company equal to the Full Purchase Amount, less, only in the event this
Agreement is terminated by Purchaser pursuant to sub clause (ii) above, the value of any portion of the Goods and Services that remains uncompleted as determined in the sole discretion of the Company;
provided, however, that if Purchaser is making installment payments on the Full Purchase Amount pursuant to this Agreement, then upon the termination of this Agreement by either party for any reason all unpaid
installment payments shall accelerate and become due and payable to the Company immediately. Upon expiration of a Service Term for any particular Service, such Service Term will automatically renew for
successive one year terms unless terminated by either Party upon written notice delivered in accordance with Section 11 above at least thirty days but not more than 60 days prior to expiration of the then existing
Service Term.

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Vertical nerve analytics services 2013

  • 1. Data, Analysis & Insights Services to keep your organization moving in the right direction, from data to insights. Every business needs a compass and a navigator – tools and expertise to keep them on track and away from disaster. You may have found that Google Analytics is a great tool, but your business doesn’t have the internal resources necessary to maintain a consistent focus or stay on course. At Vertical Nerve, we see our role as a trusted navigator. Our certified analysts are able to assist you along the way with valuable services and expert advice to help you reach your goals. Our data analysis and insights can help chart the path to victory for your business.
  • 2. Vertical Nerve, a Leader in Digital Marketing & Analytics Thank you for considering Vertical Nerve, a recognized leader in digital marketing and analytics. Since 1998, our company has helped thousands of businesses and organizations find success online. We’ve been fortunate to work with some of the world’s leading brands to help turn digital intelligence into actionable insights. In turn, these clients have become our leading advocates, routinely leaving reviews on the web like these: See more reviews and our 5-star rating at the Google App Marketplace. A few clients we’ve helped recently
  • 3. Google Analytics Audit Are you 100% confident the data in your account is accurate? Vertical Nerve has seen hundreds of Google Analytics accounts over the years, but it’s rare for us to find one that has been setup perfectly from the beginning. Without high quality data, finding insights can be difficult or misleading. Our Audit report is a comprehensive look at your account, including all of the things are that working well and highlighting things that aren’t. Think of it as a complete inspection of your account. We provide clear instructions for improving your data quality, and our analysts review the audit report with you to ensure that you have a game plan for getting your Google Analytics reports in top shape! Perfect for… Our Audit Covers… Any business or organization that uses Google Profile Configuration Settings Analytics and wants to have a written report Common Configuration Errors verifying setup and data accuracy. Common Features Not Utilized Detailed Recommendations Google Tag Manager Migration Do you find the tagging process frustrating? Recently, new tools have come available to make the process of tagging and collecting data even easier. Tag management solutions like Google Tag Manager (a free product) can simplify the process of adding, editing or removing marketing and measurement tags on a site. Vertical Nerve was among the first companies certified for Google Tag Manager. We can help your organization migrate to Google Tag Manager quickly and efficiently. Perfect for… Google Tag Manager Benefits: Any business or organization that finds the Launch new tags with just a few clicks process of adding, editing or removing tags on No Coding or IT Involvement a website difficult. Google Tag Manager works Faster Page Load Times with almost all tracking solutions, so nearly Supports Google and non-Google tags every site can take advantage of its benefits. Vertical Nerve is a proud Google Tag Manager certified partner.
  • 4. Jumpstart Conversion Analysis Now the fun part! Let’s turn that quality data into actionable insights. Once your web traffic data is in good shape, it’s time to start finding insights and making improvements! This is where our team excels – not just collecting data or reporting, but identifying opportunities for improvement and capitalizing on them. A Jumpstart Conversion Analysis is a one-time analysis of your account. Our team spends time to understand your objectives, and then we dive head-first into the data looking for website issues, unnecessary abandonment points, areas of optimization, attribution models and more. Basically, we’re looking for concrete ways to improve your conversion rate and drive more business (leads, sales, revenue, etc.). We then provide those recommendations in written form, and schedule a call to go over each one in detail. Perfect for… Our recommendations will: Any business or organization that wants a Identify Problem Areas & Key Issues boost in online conversion rates or Eliminate Wasteful Marketing Spend performance. Capitalize on High-performing Traffic Highlight Optimization Opportunities Continuous Analysis & Insights Let us partner with your team to provide insights & analysis as you grow. “Continuous Improvement” is a buzz-word, but more than that it has become a way of business for smart organizations. Remember the old days of designing a website and leaving it static for a couple of years until a new design came along? Long gone. Savvy marketers are now opting for continuous improvement using real visitor data, not hunches. The certified analysts at Vertical Nerve can provide expert analysis, guidance and insights for your organization at a fraction of the cost of an in-house analyst. We provide high-value reporting, insights and recommendations without a long-term contract or commitment. Perfect for… Services Included: Organizations that need ongoing support or Weekly ROI Reports & Insights analysis to continually improve and advance Priority Support & Quarterly Onsite Training their web efforts. Custom, Executive Dashboards 10 hours each month for Support & Training A/B & MV Testing Ideas & Implementation
  • 5. Analytics Training Does your team need more practical knowledge with Google Analytics? Need to sharpen your skills or learn some of the advanced features that can really turn data into insights? A training session might be just the option for you! A Google Analytics certified specialist will provide a thorough study of using Google Analytics, including an understanding of the metrics and how each can be used to benefit your organization. Our team has hosted dozens of trainings across the United States. We can tailor a session for you and your team that is focused, relevant and fun. We offer training in both virtual and classroom formats, and are willing to travel to your location or host your team at our office. Perfect for… Training Topics: Teams or individuals who want to better Understanding Dimensions & Metrics utilize Google Analytics for themselves, or Creating Performance Dashboards want guidance on leveraging the latest Advanced Segmentation features and benefits of Google Analytics. Custom Reporting Hourly Support Sometimes a little support or expert guidance can go a long way. We understand that using tools like Google Analytics or Google Tag Manager can be difficult at times, so we offer affordable hourly support packages to address unique needs. Talk to one of our business consultants to determine the amount of support that’s right for you. We’ll do our best to give you an accurate estimate. Unused support hours can be used for up to 60 days for further assistance or training. Perfect for… Common uses: An organization with specific needs or Advanced Technical Audit technical requirements. Analytics API Consulting Cross-domain Tracking
  • 6. SERVICE ORDER FORM Service Options (initial next to desired services) Name & Description Initial One-time Fee Monthly Fee I. DATA QUALITY SERVICES Google Analytics Audit Our most popular service! A complete check-up of your account, including configuration ______ $1,500 n/a settings, data accuracy, feature utilization, etc. Google Tag Manager Migration Since the effort level depends on several factors, call us for a price quote to migrate ______ $______ n/a your site(s) to Google Tag Manager. II. DATA ANALYSIS SERVICES Jumpstart Conversion Analysis One-time analysis and recommendations for improving the performance of your ______ $2,000 n/a website guided by data-driven insights. A great post-audit option! Continuous Analysis & Insights A monthly ongoing service for continual data-driven analysis and insights by our ______ n/a $1,650 certified team. No long-term commitment. 30-day cancellation notice required. ADDITIONAL SUPPORT SERVICES Google Analytics Training Training sessions are available in virtual or in-person settings. Call us for a custom quote ______ $______ n/a for training at your organization! Hourly Analytics Support Hourly support available and sold in 5, 10 and 20 hour buckets. ______ $______ n/a ($750, $1,450 & $2,700 respectively)
  • 7. SERVICE ORDER FORM Purchaser Contact Information Company: Phone: Contact: Fax: Address 1: Email: Address 2: Website: Purchaser Signature: Accepted by: Title: Printed Name: Date: By signing this service order, I agree to charges for all initialed services selected on the previous page of this document. Company Signature & Contact Information: Approved by: Title: General Manager Printed Name: Ernie Cote Date: 1/7/2013 8350 North Central Expy, Suite 1600 Address: Phone: 1-800-330-9450 Dallas, TX 75206 Fax: 214-826-2090 Email: erniec@verticalnerve.com THE PURCHASER SHALL PAY 100% OF THE TOTAL OF INITIALED ITEMS UPON SUBMISSION OF THIS SALES ORDER. THE BALANCE OF THE PURCHASE PRICE SHALL BECOME DUE AND PAYABLE UPON DELIVERY OF THE GOODS AND SERVICES THAT ARE THE SUBJECT OF THIS SALES ORDER. ALL ACCOUNTS MORE THAN 60 DAYS PAST DUE SHALL INCUR A DELINQUENCY CHARGE EQUAL TO ONE AND ONE-HALF PERCENT (1-1/2%) PER MONTH OF THE OUTSTANDING BALANCE, OR THE HIGHEST LAWFUL RATE PERMITTED BY APPLICABLE STATE LAW, WHICHEVER IS LESS. ALL CD/DVD ORDERS ARE SUBJECT TO PLUS OR MINUS 5% OF ORDERED VOLUME. THIS SALES ORDER, WHEN SIGNED BY THE PURCHASER, CONSTITUTES AN OFFER BY THE PURCHASER TO VERTICAL NERVE, INC (THE "COMPANY") TO PURCHASE THE GOODS AND SERVICES IDENTIFIED ABOVE ON THE TERMS AND CONDITIONS SET FORTH IN THIS SALES ORDER. THIS SALES ORDER IS SUBJECT TO THE COMPANY’S ADDITIONAL TERMS AND CONDITIONS WHICH ARE ATTACHED TO THIS SALES ORDER.
  • 8. TERMS & CONDITIONS 1. Purchase Terms. Pursuant to this sales order and agreement (the “Agreement”), Vertical Nerve, Inc., (the “Company”) shall provide and you (the “Purchaser”) shall purchase certain goods and services (the “Goods and Services”) pursuant to this Agreement. This Agreement more specifically describes the Goods and Services sought, indicates the quantity to be purchased, sets forth the delivery schedule for each of the Goods and Services purchased and sets the purchase price. 2. Disclaimer of Warranties. The Company has made no affirmation of fact or promise relating to the Goods and Services identified for purchase that has become any basis of this bargain. Further, the Company has made no affirmation of fact or promise relating to the Goods and Services being sold that created or amounted to an express warranty that the Goods and Services would conform to any such affirmation or promise. Any description of the Goods and Services in this Agreement is for the sole purpose of identifying the Goods and Services, and the description of the Goods and Services has not been made part of the basis of the bargain and has not created an express warranty that the Goods and Services would conform to any description made by the Company. It is specifically agreed that the Goods and Services sold by the Company are sold without any implied warranty, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. 3. Limitation of Liability. The Company shall have no liability with respect to its obligations under this Agreement for consequential, punitive, exemplary or incidental damages including, but not limited to damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss, even if it has been advised of the possibility of such damages. The Company’s aggregate liability for any cause of action asserted with respect to its provision of the Goods and Services or its obligations under this Agreement shall not exceed the amounts paid by the Purchaser under this Agreement. In addition, the Company shall not be liable for any damage caused by any interruption of Internet or telecommunication service or any breach of Internet security beyond the reasonable control of the Company. 4. Payment. The total sales order price, delinquency charges and applicable taxes for the Goods and Services (the “Full Purchase Amount”) shall be payable as indicated on this Agreement. The Company reserves the right, in addition to and without limitation on any other remedies to which it may be entitled by contract, law or otherwise, to assess a 25% cancellation penalty in the event that this Agreement is terminated. If Purchaser has not paid the Full Purchase Amount when payment is due, the Company may at its option, and in addition to any other remedies to which it may be entitled, without limitation on such remedies, terminate this Agreement in its sole discretion and retake possession of the Goods and Services. In such event, the Purchaser will forfeit any sums previously paid for the Goods and Services and shall be liable to the Company for all expenses associated therewith, collection expenses and attorneys' fees. The Purchaser shall receive written notice from the Company at least three (3) calendar days before such forfeiture and retaking so that the Purchaser may pay the outstanding balance within such three (3) day period in order to prevent such forfeiture and retaking. The Purchaser shall provide the Company with a copy of any tax exemption certificate for the "Ship To" location, if any exemption from sales or use taxes is claimed by the Purchaser. 5. Risk of Loss. Purchaser bears the risk of loss upon the earlier of receipt of the Goods and Services by the Purchaser or shipment of the Goods and Services by the Company to a third party courier for delivery to the Purchaser. 6. Representations, Warranties and Indemnification. The Purchaser represents and warrants that it is the owner or has the full licensing rights and all other necessary authority to use all content and materials (including, without limitation, copyrights, trademarks and other intellectual property rights) provided to the Company for use as content in the Goods and Services, and that such use does not violate any copyright, trademark or other intellectual property rights of any other person or entity. The Purchaser agrees that the Company may identify the Purchaser as a client in any of its advertising or other promotional materials or activities. The Purchaser hereby agrees to indemnify and hold harmless the Company (and its officers, directors, employees and agents) from any and all losses, damages, fees, costs, fines and expenses (including without limitation, legal fees and expenses) (collectively, "Damages") that the Company may incur as a result of: (i) the Purchaser's breach of any covenant or representation or warranty contained herein, (ii) any infringement of any patent, copyright, trademark, trade secrets or other intellectual property right of any third party resulting from the Company's use of information provided by the Purchaser, or (iii) the violation of any laws or regulations, including without limitation any “anti-spam” laws or regulations, by the Purchaser in connection with its use of the Goods and Services. The Purchaser further agrees to pay such Damages as they come due to the Company. The representations, warranties and right to indemnification provided by this Paragraph shall survive the termination of this Agreement. 7. Non-solicitation of the Company’s Employees. During the term of this Agreement, and for a period of 12 months after this Agreement is terminated by either party hereto, the Purchaser shall not solicit the employment of, employ, or contract with, any of the Company’s then-current personnel with whom Purchaser had contact under this Agreement. This Section 8 shall not apply in any situation in which an employee of the Company initiates contact with the Purchaser regarding employment or in which an employee of the Company seeks employment by the Purchaser in response to the Purchaser's general recruiting efforts (e.g., advertisements or listings in publications of general circulation). 8. No Waiver. No failure or delay by the Company in exercising any right, power or privilege given by any provision of this Agreement shall operate as a waiver of the provision. Additionally, no single or partial exercise of any right, power or privilege shall preclude any other or further exercise of that or any other right, power or privilege. 9. Governing Law. The law of the State Texas shall govern this Agreement, without giving effect to any choice of law or conflict of law principles that would result in the application of the law of another jurisdiction. The state or federal courts for Dallas County, Texas shall have exclusive jurisdiction over any dispute arising under or relating to this Agreement, and the Company and the Purchaser agrees to and shall be subject to service of process and personal jurisdiction therein. 10. Notices. Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be delivered by hand; sent by certified U.S. mail, cable, telex, telegram, facsimile transmission or electronic mail; or delivered by overnight or similar delivery service, fees prepaid, to the party to whom such notice is to be given. All notices given under this Agreement shall be deemed received three (3) calendar days after deposit in the United States mail if sent via certified mail, on the date of actual delivery if sent via overnight courier, and on the date of actual transmission or delivery if sent via cable, telex, telegram, facsimile transmission or electronic mail or if delivered personally. Notices to the Purchaser and the Company shall be given at the respective addresses set forth in this Agreement. A party may change its addresses for notice by informing the other of the change in writing. 11. Force Majeure. Neither party shall be liable for any delays or failure to perform any of its obligations hereunder due to any causes or contingencies beyond each such non-performing party's control including without limitation, fires, accidents, Acts of God, war, strikes or other labor disputes, governmental actions, orders, or regulations, and any and all other similar matters beyond the control of the parties, except that nothing in this Paragraph eliminates the obligation or extends the due date for payments for Goods and Services due to the Company under this Agreement. 12. Remedies. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and in addition to every other remedy given hereunder, now or hereafter existing at law or equity or by statute or otherwise. THE PURCHASER HEREBY AGREES THAT MONETARY DAMAGES MAY NOT BE ADEQUATE TO REMEDY BREACHES OF THIS AGREEMENT AND EXPRESSLY AGREES THAT THE COMPANY MAY OBTAIN AN INJUNCTION OR OTHER EQUITABLE REMEDY TO PROTECT ITS RIGHTS HEREUNDER. 13. Entire Agreement. The Purchaser acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Further, the Purchaser agrees that this Agreement constitute the complete and exclusive agreement between the parties with respect to the matters contained herein, and that such Agreement supersedes and replaces all other documents including, without limitation, oral or written agreements and all other communications between the parties relating to the Goods and Services. 14. Severability. If any part of this Agreement is found to be prohibited by law, the remainder shall remain valid and enforceable. 15. Counterpart Execution. This Agreement may be executed in multiple counterparts, which shall have the same force and effect as an original. Telecopied or faxed copies of signatures shall be effective and shall bind the party signing in that manner. 16. Successors and Assigns. This Agreement shall be binding on, and shall inure to the benefit of the parties' respective heirs, successors and assigns, if any. The Purchaser may not assign its rights under this Agreement without first obtaining the written consent of the Company, such consent not to be unreasonably withheld. 17. Construction of Agreement. Each party has participated fully in the drafting, review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement. 18. Term and Termination. This Agreement may be terminated (i) by either party upon 30 days written notice; (ii) by either party for any material breach of this Agreement that is not cured within 15 days of the breaching party’s receipt of notice specifying the breach; (iii) by the Company immediately upon notice that the Purchaser is or may be insolvent or bankrupt; or (iv) by the Company immediately upon the Purchaser’s failure to make any payment required under this Agreement. The Company shall retain all moneys paid to the Company prior to any termination of this Agreement. In the event that this Agreement is terminated and there remains unpaid or outstanding some or all of the Full Purchase Amount due with respect to any Goods or due through and including the original term of service (a “Service Term”) with respect to any Service, within 14 days of the effective days of any termination of this Agreement, the Purchaser shall pay an amount to the Company equal to the Full Purchase Amount, less, only in the event this Agreement is terminated by Purchaser pursuant to sub clause (ii) above, the value of any portion of the Goods and Services that remains uncompleted as determined in the sole discretion of the Company; provided, however, that if Purchaser is making installment payments on the Full Purchase Amount pursuant to this Agreement, then upon the termination of this Agreement by either party for any reason all unpaid installment payments shall accelerate and become due and payable to the Company immediately. Upon expiration of a Service Term for any particular Service, such Service Term will automatically renew for successive one year terms unless terminated by either Party upon written notice delivered in accordance with Section 11 above at least thirty days but not more than 60 days prior to expiration of the then existing Service Term.