Effective Date: May 22, 2026 Last Updated: May 22, 2026

Introduction

Welcome to Holiday Lighting Marketing Co. ("Company," "we," "us," or "our"), a DBA of Enchantment Marketing. These Terms of Service ("Terms") govern your access to and use of the website located at holidaylightingmarketing.com (the "Site"), our marketing services, lead generation programs, educational content, and any related materials or communications (collectively, the "Services").

By accessing the Site, submitting a form, booking a strategy call, downloading a lead magnet, or engaging our Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.

These Terms should be read alongside our Privacy Policy, which is incorporated by reference.

1. Eligibility

You must be at least 18 years old and authorized to enter into binding contracts on behalf of yourself or a business to use the Services. By using the Site, you represent and warrant that you meet these requirements. Services are intended for business owners and decision-makers operating in the home service industry — specifically holiday lighting installation, window cleaning, pressure washing, landscaping, and adjacent verticals.

2. Description of Services

Holiday Lighting Marketing Co. provides marketing, advertising, lead generation, and consulting services designed specifically for home service businesses operating or launching holiday lighting divisions. Services may include but are not limited to:

Marketing strategy and consulting

Funnel design and CRM setup

Paid advertising campaign creation and management (Meta and Google)

Email and SMS marketing automation

Lead generation systems

Educational content, training, and templates

The specific scope of services, deliverables, timelines, and pricing for paid engagements are defined in a separate written Service Agreement signed by both parties. These website Terms do not replace, modify, or supersede any signed Service Agreement.

3. Strategy Calls and Applications

Booking a strategy call or submitting an application form does not create a binding service agreement, payment obligation, or guarantee that we will accept you as a client. We reserve the right to decline service to any applicant for any lawful reason, including but not limited to:

Insufficient business revenue or capacity

Operating in a territory already serviced by an existing client

Operating in a vertical we do not serve

Lack of decision-making authority

Inability or unwillingness to commit to required ad spend minimums

Any other reason at our sole discretion

4. Territory Exclusivity

We operate a one-operator-per-metro territory model. Once a client is onboarded in a metropolitan area, we will not accept additional clients in the same defined territory for the same service vertical for the duration of the active engagement. Territory boundaries, exclusivity terms, and renewal conditions are defined in each client's signed Service Agreement.

5. Payment Terms

Pricing for paid Services is provided during the strategy call and confirmed in writing in the Service Agreement. Standard pricing structure includes:

A one-time setup investment

A recurring monthly retainer

Advertising spend paid directly by the client to advertising platforms (Meta, Google) — not collected, held, or invoiced by Holiday Lighting Marketing Co.

All payments are processed through secure third-party payment processors (such as Stripe). Recurring payments are billed automatically on the schedule defined in your Service Agreement. Failed payments may result in service suspension after a written grace period defined in the Service Agreement.

All fees are non-refundable except as expressly provided in the Service Agreement or as required by law. See Section 6 for our Performance Guarantee.

6. Performance Guarantee

We offer a performance guarantee on our core lead generation program. The specific terms, qualifying conditions, and remedies are defined in detail in each client's signed Service Agreement.

In general, the guarantee is conditional on the client:

Meeting the minimum monthly advertising spend specified in the Service Agreement

Providing timely and accurate information during onboarding and ongoing operations

Maintaining functional intake systems (CRM access, phone, email, follow-up capacity)

Acting in good faith and cooperating with reasonable requests from our team

Allowing the agreed-upon performance window to begin from the formally documented launch date

If guarantee conditions are met and the agreed performance metric is not achieved, the remedy provided in the Service Agreement (typically continued service at no additional retainer cost until the metric is met) applies. The guarantee does not include refund of setup fees, retainer fees already paid, or client-paid advertising spend.

7. Client Responsibilities

If you engage us as a paying client, you agree to:

Provide accurate, complete, and timely information

Grant required access to advertising accounts, CRM systems, and other platforms necessary for service delivery

Respond to leads, calls, and inquiries within reasonable time windows

Comply with all applicable laws, regulations, and platform policies (including Meta, Google, and TCPA/A2P SMS rules)

Pay all fees on time

Maintain accurate business licensing, insurance, and operational capacity to service leads generated

Refrain from making claims, offers, or promises in advertising that are false, misleading, or violate consumer protection laws

You are solely responsible for the operation of your business, including the conversion of leads, customer service, fulfillment of services to your end customers, refunds, complaints, warranty claims, and regulatory compliance in your industry.

8. Advertising Platform Compliance

Marketing campaigns are subject to the terms, policies, and approval processes of third-party platforms including but not limited to Meta (Facebook/Instagram) and Google. We do not control these platforms and cannot guarantee:

Approval of any specific ad creative

Continued availability of any advertising feature

Stable advertising costs (CPM, CPC, CPL)

Account standing on any platform

The accuracy of platform-reported metrics

We will use reasonable industry-standard practices to maintain compliance with platform policies, but ultimate account standing is the client's responsibility as the legal account owner.

9. Intellectual Property

Our IP. All content on the Site, including but not limited to text, graphics, logos, images, videos, downloadable materials (lead magnets, templates, guides), training content, proprietary methods, frameworks, and software, is owned by Holiday Lighting Marketing Co. or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not reproduce, modify, distribute, sell, license, or create derivative works from our content without our prior written permission. Limited personal use (downloading a lead magnet for your own business reference) is permitted.

Your IP. You retain all rights to content, brand assets, customer data, and business information you provide to us. By engaging our Services, you grant us a limited, non-exclusive license to use this material solely for the purpose of delivering Services to you during the engagement.

Ad Account and Lead Ownership. Advertising accounts created or managed under your business name remain your property. All leads generated through campaigns are delivered directly into your CRM and remain your property, including after the engagement ends.

Marketing Use of Client Results. We may reference client work, results, and case studies in our own marketing — including approximate metrics, industry, and metro area — without identifying clients by name unless we have written permission. Specific identification (business name, logo, founder name, video testimonial) requires separate written consent.

10. Confidentiality

Both parties agree to maintain the confidentiality of non-public business information shared during the course of strategy calls, onboarding, and active engagement. This includes financial information, customer lists, proprietary processes, and any information reasonably understood to be confidential.

This obligation survives termination of the engagement and continues for two (2) years thereafter.

11. Testimonials and Reviews

If you submit a testimonial, review, case study, or feedback to us, you grant us a perpetual, royalty-free, worldwide, non-exclusive license to use, display, and distribute it in our marketing materials, including the Site, social media, advertising, and case studies.

12. Disclaimers and No Earnings Guarantee

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

No Earnings Guarantee. Any income, revenue, lead volume, conversion rate, or business growth figures mentioned on the Site, in marketing materials, or in conversations with our team are examples and illustrations only. They are not guarantees, promises, or projections of your results. Your results depend on many factors outside our control, including but not limited to your market, capacity, sales ability, pricing, fulfillment quality, competition, economic conditions, and effort applied. Past results of our clients do not predict your results.

The only performance commitment we make is the specific Performance Guarantee described in Section 6 and detailed in your signed Service Agreement.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLIDAY LIGHTING MARKETING CO., ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the limitation of certain damages, so portions of this section may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Holiday Lighting Marketing Co., its officers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Site or Services

Your violation of these Terms

Your violation of any law or regulation

Your violation of any third-party right

The conduct of your business, including how you handle leads, customer interactions, and service delivery

Content, claims, or offers you make in advertising created on your behalf when such content originated from or was approved by you

15. Termination

We reserve the right to suspend or terminate your access to the Site or Services at any time, without notice, for any conduct that we determine violates these Terms, our policies, or applicable law.

Termination of paid Service engagements is governed by the terms of your signed Service Agreement.

Upon termination, Sections 9 (Intellectual Property), 10 (Confidentiality), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 17 (Governing Law) survive.

16. Third-Party Services and Links

The Site and Services may integrate with or link to third-party platforms (Meta, Google, GoHighLevel, Stripe, DocuSign, Zoom, etc.). We are not responsible for the availability, accuracy, terms, or practices of these third parties. Your use of third-party services is governed by the respective terms and privacy policies of those providers.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Services shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved within thirty (30) days, the parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Albuquerque, New Mexico, or remotely as mutually agreed.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration. Either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

18. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms on the Site with a revised "Last Updated" date. Continued use of the Site or Services after changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, discontinue use of the Site and Services.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy and any signed Service Agreement, constitute the entire agreement between you and Holiday Lighting Marketing Co. regarding the Site and Services and supersede any prior agreements, communications, or understandings, whether written or oral.

In the event of a conflict between these Terms and a signed Service Agreement, the signed Service Agreement controls for matters within its scope.

21. Contact Us

Questions about these Terms can be directed to:

Holiday Lighting Marketing Co. A DBA of Enchantment Marketing Email: [email protected] Phone: 505-630-1493 Website: holidaylightingmarketing.com