The terms/
In plain English.

Who you're working with

AYOTTE Marketing is Dennis Ayotte, doing business as AYOTTE Marketing, in San Antonio, Texas ("AYOTTE," "I," "me"). Ayotte & Co. LLC, a Texas LLC, is in formation. Once it's formed, AYOTTE may move your purchase or plan to the LLC, and by buying you agree to that. "You" means the person or business that buys.

If you and AYOTTE sign a separate written agreement, that agreement controls wherever it differs from these terms.

What you're buying

• Consulting hour. A 60-minute video working session on one problem, with written notes and next steps the same day. After checkout you book a time on my calendar. You can buy more than one hour; each is booked separately.
• Agency audit. A review of your ad accounts, tracking and agency reports, delivered as a written audit within 10 business days after I have the access I need, plus a 60-minute review call. If you start a monthly plan within 30 days of buying the audit, the full audit fee is credited to your first month.
• Monthly plans (Fractional CMO and Fractional CMO Plus). I serve as your fractional Chief Marketing Officer: I set the plan with you, manage your agencies and vendors, and report the score every week. What each plan includes is listed on the pricing page on the day you buy.

Not included unless we agree in writing: ad spend, agency and vendor fees, creative or video production, software and subscriptions, and hands-on campaign execution. Work outside a plan's scope needs a written change order you approve, and is billed at my published hourly consulting rate.

Payment

• Consulting hours and audits are paid in full at checkout.
• Monthly plans are paid by bank transfer (ACH). The first month is charged when you sign up, and each month after on the same date until the plan ends.
• Prices are in US dollars. Sales tax is added only where the law requires it.
• If a monthly payment is more than 15 days late, I may pause the work after written notice until it's paid.
• I'll give you at least 30 days' written notice of any price change to your plan. No change takes effect during your first 3 months.

Payments are processed by Stripe. I never see or store your full card or bank account number.

Term and ending a monthly plan

Monthly plans start with a 3-month initial term. That's how long it takes to fix tracking, set targets and give an agency a fair test. After that, the plan continues month to month, and either of us can end it for any reason with 30 days' written notice. Email is fine.

Either of us can end a plan right away if the other seriously breaks these terms and doesn't fix it within 10 days of written notice. When a plan ends, you pay for work through the end date, and I return all access, hand over your files and send a written transition summary.

Rescheduling and refunds

• Consulting hour. Reschedule free with at least 24 hours' notice. If you haven't booked or used an hour within 90 days of buying it, email me and I'll refund it. Missed sessions without notice aren't refunded.
• Agency audit. Full refund if you cancel before I start work, which begins when you grant access. No refund after that.
• Monthly plans. Fees for months already started aren't refunded.

What I need from you

Timely access to the accounts and data the work depends on (ad accounts, analytics, call tracking, CRM and agency contracts), one decision-maker, and timely decisions. Every ad account, domain, login and data set stays in your name and belongs to you.

Authority

On a monthly plan, I direct your agencies and vendors on your behalf within the plan and budget you approve. I won't sign contracts, commit spend, or hire or fire an agency or vendor without your written approval, which can be by email. You always have the final say on budget.

No markups

I take no commissions, markups or fees from any agency or media vendor I recommend or manage for you. For software and tools, I may earn a referral bonus, but only if I tell you in writing first, including the amount if I know it. You can always sign up without my link.

Results

I'll report results honestly against the targets we set, including the weeks that miss. Marketing results depend on the market, your budget, your operations and third parties I don't control, so I don't guarantee any specific result.

Confidentiality

Each of us will keep the other's non-public business information confidential and use it only for this work, during our engagement and for two years after. This doesn't cover information that's public, already known, independently developed, or required to be disclosed by law.

Who owns the work

Once paid for, the plans, reports and other work I create specifically for you belong to you. I keep my pre-existing methods, templates and report formats, and you get a permanent license to use them inside your business. I'll name you as a client or share your results publicly only with your written permission.

Independent contractor

I'm an independent contractor, not your employee, partner or agent. The CMO title describes the role; it doesn't make me an officer or employee of your company. I handle my own taxes, insurance and tools, and I may work with other clients.

Liability

Neither of us is liable for indirect, incidental or consequential damages, including lost profits. My total liability is limited to what you paid me in the three months before the claim, or for a one-time purchase, the price of that purchase. I'm not responsible for the acts or failures of third-party agencies, vendors or platforms.

General

Texas law governs these terms, and any dispute will be heard in Bexar County, Texas. If any part is found unenforceable, the rest still applies. I may update these terms; changes apply to purchases made after the new version is posted here, and never change a plan's price without the notice above.

Questions

Email dennis@ayottemarketing.com. I answer within one business day.