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AgentFire Ads

Terms of Service

The following terms and conditions (the “Terms”) constitute an agreement between you (the “Customer,” “Client,” “You,” or “Your”) and Dark Galaxy Limited DBA AgentFire.com, together with its affiliates, subsidiaries, and service partners (collectively, the “Company,” “our,” “us,” or “we”). These Terms govern your enrollment in and use of AgentFire Ads, the Company’s done-for-you paid advertising service for real estate agents and teams, and constitute a legally binding agreement between You and the Company.

Introduction

AgentFire Ads campaigns are built and managed on the Company’s behalf by Asterisk Marketing, a dedicated real-estate-only advertising partner. Your day-to-day point of contact for campaign work may be a member of the Asterisk Marketing team operating under the AgentFire Ads program. References to “we,” “us,” or “our” throughout these Terms refer to the Company.

1. Acceptance and Changes to These Terms

    1. To use AgentFire Ads, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms.
    2. We reserve the right, acting in our sole discretion and at any time, to revise these Terms. We will notify you of any substantial changes via electronic mail to the email address on file. You bear sole responsibility for ensuring your contact email remains accurate and for regularly checking spam or junk folders. Delivery confirmation of our email notifications constitutes sufficient and binding notice. Your continued use of AgentFire Ads following any changes to these Terms indicates your acceptance of those changes.

2. The Service

  1. AgentFire will provide managed digital advertising services as selected by the Customer. Depending on the Customer’s selections, these may or may not include: Google Search Ads (PPC), Local Services Ads (LSA), Display Remarketing, and paid social retargeting.
  2. The specific service(s), one-time setup fee(s), and monthly management fee applicable to the Customer will be detailed in the Customer’s order form or proposal, which is incorporated into these Terms by reference.
  3. Due to the combination of resources required, platform restrictions, or market conditions, some campaign customization requests are not possible. The Company cannot guarantee that a solution is available for any given request.

3. Fees and Payment

  1. Customer agrees to pay the applicable one-time setup fee(s) for each selected service, and the agreed monthly management fee. Monthly management fees begin on the Launch Date (the date Customer’s ads go live).
  2. The monthly management fee is the greater of $500/mo or 15% of the Customer’s monthly ad spend, unless otherwise stated in the Customer’s order form.
  3. Ad spend is separate from, and in addition to, the fees described in this Section. Customer’s ad spend is paid by Customer directly to the advertising platforms through Customer’s own advertising account(s), and Customer sets and controls the ad budget.
  4. Payment must be made within seven (7) business days of receiving the invoice. Failure to do so will result in the account being paused and all ads management being halted until payment is received. Customer will receive reasonable notice if payment is not received according to these terms.
  5. The Company reserves the right to increase prices at any time with thirty (30) days written notice.

4. Commitment Term, Cancellation, and Refunds

  1. Prior to the Ads Kickoff Call: Customer may cancel at any time and will receive a full refund of any setup fee(s) paid.
  2. Once the Ads Kickoff Call has occurred, setup fee(s) are non-refundable, as campaign build work has begun.
  3. Following the Ads Kickoff Call, campaigns are built and launched. Once Customer’s ads go live (the “Launch Date”), a minimum commitment term of six (6) months begins.
  4. During the six (6) month commitment term: Customer may cancel by providing thirty (30) days written notice. Upon cancellation, Customer remains responsible for the monthly management fees for the remaining months of the commitment term.
  5. After the initial six (6) month commitment term concludes, these Terms automatically convert to a month-to-month arrangement under the same terms. Customer may then cancel at any time by providing thirty (30) days written notice, with no further obligation beyond that notice period.
  6. If Customer provides notice of cancellation after the 5th day of any given month, Customer acknowledges that work has already been initiated for that month, and fees for that month will not be prorated or refunded.
  7. Monthly management fees are non-refundable once billed. Cancellation stops future monthly fees in accordance with this Section.
  8. If Customer wishes to pause their account temporarily, their existing management fee rate will be reserved for up to three (3) months. After this period, rates may be adjusted based on current pricing. Pausing does not extend or suspend the six (6) month commitment term.

5. Ad Accounts: Ownership and Access

  1. Advertising accounts used for the Service (for example, Customer’s Google Ads account) are created in Customer’s name and are owned by Customer. During onboarding, Customer will create or provide access to the required advertising account(s), complete any advertiser verification required by the platform, and set up billing for ad spend directly with the advertising platform.
  2. Customer grants the Company and its advertising partner manager-level access to Customer’s advertising account(s) for the purpose of building, managing, and optimizing campaigns, including access through the Company’s manager account.
  3. Once campaign management begins, Customer agrees to refrain from making adjustments to ad campaigns or account settings, to avoid interference with the optimization strategies implemented by the campaign team.
  4. Campaign data and performance statistics will be shared with Customer through monthly reports, analytics access, and scheduled account calls.
  5. Upon termination of the Service, the Company’s manager access to Customer’s advertising account(s) will be removed. Customer retains ownership of the advertising account(s), including campaign history and account data.

6. Customer Responsibilities

  1. Customer acknowledges the importance of following up with each lead promptly, including:
    • Calling leads as soon as possible.
    • Utilizing text and email workflows.
    • Monitoring their CRM regularly.
  2. Customer understands that:
    • Leads will be in various stages of the buying process.
    • Continued follow-up and providing value are essential for long-term success.
    • Forced lead capture may result in some false information being submitted.
  3. If Customer utilizes AI-powered features provided by the Company, Customer assumes full responsibility for verifying the accuracy, legality, and appropriateness of such content. The Company expressly disclaims liability for any inaccuracies, copyright issues, or legal disputes arising from AI-generated content.

7. Campaign Performance and No Guarantee of Results

  1. Customer acknowledges that the number of leads and cost per lead will fluctuate month to month due to factors including market trends, seasonality, competition, pausing campaigns, or changes in account health.
  2. The Company will monitor the campaign and, when appropriate, may recommend pausing to avoid overspending. Customer will have the option to proceed or pause until the following month.
  3. While cost per lead is tracked, additional factors, such as home price and target locations, should be considered when evaluating campaign performance.
  4. Any testimonials, statistics, or examples shown to Customer are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Service.

NO GUARANTEE OF RESULTS. ANY PERFORMANCE FIGURES, STATISTICS, CASE STUDIES, OR AVERAGES SHARED WITH CUSTOMER, INCLUDING BUT NOT LIMITED TO RETURN ON AD SPEND, COST PER LEAD, NUMBER OF LEADS, CLOSINGS, OR GROSS COMMISSION INCOME, REFLECT AGGREGATE OR INDIVIDUAL RESULTS ACHIEVED BY OTHER AGENTFIRE ADS CLIENTS UNDER DIFFERING MARKET CONDITIONS, BUDGETS, AND CIRCUMSTANCES. THESE FIGURES ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY AND DO NOT CONSTITUTE A PROMISE, PROJECTION, OR GUARANTEE OF THE RESULTS CUSTOMER WILL ACHIEVE. ADVERTISING PERFORMANCE DEPENDS ON NUMEROUS FACTORS OUTSIDE THE COMPANY’S CONTROL, INCLUDING BUT NOT LIMITED TO MARKET CONDITIONS, COMPETITION, CUSTOMER’S RESPONSIVENESS TO LEADS, AND CUSTOMER’S LOCAL MARKET. THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE NUMBER OF LEADS, COST PER LEAD, RETURN ON AD SPEND, OR ANY OTHER OUTCOME RESULTING FROM THE SERVICES PROVIDED UNDER THESE TERMS.

8. Non-Exclusivity

Customer acknowledges and agrees that the Company provides AgentFire Ads services on a non-exclusive basis. The Company (and its advertising partner, Asterisk Marketing) may provide the same or similar services to other clients, including clients operating in the same industry, geographic market, or service area as Customer. Nothing in these Terms grants Customer exclusive rights to any territory, market, audience, keyword, or advertising strategy.

In practice, no two campaigns are alike. Each client’s campaign is built around their unique combination of target neighborhoods, price points, property types, audience focus, and business goals, meaning that even clients operating in the same broader market are rarely, if ever, competing for the same leads. The Company maintains the confidentiality of each client’s account data and does not share any client’s proprietary campaign information, strategy, or performance data with other clients.

9. Disclaimer of Warranties

THE COMPANY WARRANTS THAT ITS SERVICES SHALL BE PERFORMED BY PERSONNEL POSSESSING COMPETENCY CONSISTENT WITH APPLICABLE INDUSTRY STANDARDS. NO OTHER REPRESENTATION, EXPRESS OR IMPLIED, AND NO WARRANTY OR GUARANTEE ARE INCLUDED OR INTENDED IN THESE TERMS, OR IN ANY REPORT, OPINION, DELIVERABLE, WORK PRODUCT, DOCUMENT, OR OTHERWISE.

THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY THE COMPANY CONCERNING THE SERVICES. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR OTHERWISE. NO GUARANTEE OF RESULTS IS MADE OR IMPLIED; RESULTS ARE ADDRESSED IN SECTION 7.

10. Indemnification

Customer agrees to indemnify, defend, and hold harmless the Company and its partners (including Asterisk Marketing and third-party advertising platforms) from any loss, cost, liability, or expense arising from or related to Customer’s data, Customer’s use of the Service, or Customer’s violation of these Terms.

11. Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF AGENTFIRE ADS. ADDITIONALLY, DARK GALAXY LIMITED DBA AGENTFIRE.COM IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, INTERRUPTION, DELAY IN OPERATION, OR PLATFORM OUTAGE ON THE PART OF ANY THIRD-PARTY ADVERTISING PLATFORM; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, LEADS, BUSINESS, SAVINGS, GOODWILL, OR DATA; AND (III) THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE, AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THE COMPANY WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Governing Law and Dispute Resolution

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be resolved through the following process:
  1. Good Faith Negotiation: The parties shall first attempt in good faith to resolve any dispute by negotiation and consultation between themselves. If the dispute is not resolved within thirty (30) days from the date of notice of such dispute, either party may initiate mediation as provided herein.
  2. Mediation: If the dispute cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute by mediation administered by a mediator in Wyoming, mutually agreed upon by the parties. Each party shall bear its own costs and expenses and an equal share of the mediator’s and administrative fees.
  3. Court Litigation: If the dispute is not resolved within thirty (30) days after the commencement of mediation, the dispute shall be finally resolved by litigation in the state and federal courts located in the State of Wyoming. The parties hereby irrevocably consent to the jurisdiction of these courts and agree that such courts shall be the exclusive venue for any such proceedings.
  4. Legal Fees: The prevailing party in any dispute arising out of these Terms shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
  5. Class Action Waiver: The parties agree that any claims or disputes shall be brought on an individual basis only, and not as a plaintiff or class member in any purported class or representative action.

13. Term, Suspension, and Termination

  1. These Terms are effective as of the date Customer enrolls in AgentFire Ads and remain in force until terminated pursuant to Section 4.
  2. These Terms may also be terminated by either party immediately with written notice if the other party breaches any material obligation hereunder and fails to cure such breach within twenty (20) days of receipt of notice.
  3. The Company may monitor, pause, or terminate the Service at any time, including without limitation: (i) for non-payment, (ii) if Customer violates or fails to comply with any term of these Terms, (iii) if Customer fails to cooperate with the Company’s ability to perform the Services, or (iv) in response to requests by law enforcement or other government agencies.

14. Assignment

These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, or otherwise transferable by Customer. The Company reserves the right to transfer these Terms without written permission from Customer.

15. Entire Agreement; Waiver; Headings

These Terms constitute the entire agreement between Customer and the Company regarding AgentFire Ads and supersede all prior and contemporaneous agreements, representations, and understandings between the parties. No waiver of any of the provisions of these Terms by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Notice

If you have any questions or concerns regarding these Terms, please email: [email protected]

Notices to the Company under these Terms should be provided to the following addresses:

Legal Notices:

Dark Galaxy Limited
Intershore Chambers, Road Town,
Tortola, VG1110
British Virgin Islands

Mailing Address for Correspondence:

2093 PHILADELPHIA PIKE #2250
Claymont Delaware 19703
United States

Email correspondence should be sent to [email protected], accompanied by a hard copy sent to the US mailing address for correspondence.

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