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AM GOLD MEDIA
Terms and Conditions
Effective Date: May 1, 2026
Please read these Terms and Conditions carefully before using the website or engaging the services of AM Gold Media . By accessing our website or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
1. Services
AM Gold Media provides digital marketing, brand strategy, media buying, advertising, and related services as outlined in individual service agreements, proposals, or statements of work agreed upon between AM Gold Media and the Client. These Terms apply to all such engagements unless otherwise specified in a written agreement signed by both parties.
2. Engagement and Agreements
2.1 Service Agreements
All Services will be governed by a separate written agreement, proposal, or statement of work that specifies the scope, deliverables, timelines, and fees. In the event of a conflict between these Terms and a signed service agreement, the service agreement shall control.
2.2 Client Responsibilities
The Client agrees to:
Provide accurate, complete, and timely information necessary for AM Gold Media to perform the Services
Respond to requests for approvals, feedback, or materials within agreed timeframes
Ensure that all content, assets, and materials provided to AM Gold Media do not infringe upon any third-party intellectual property, privacy, or other rights
Designate an authorized point of contact for all communications related to the engagement
3. Fees and Payment
3.1 Fees
Fees for Services are as set forth in the applicable service agreement or proposal. AM Gold Media reserves the right to adjust pricing for future engagements with reasonable notice.
3.2 Payment Terms
Unless otherwise specified in a service agreement, the following payment terms apply:
Invoices are due within 15 days of the invoice date
A non-refundable deposit may be required prior to commencement of Services
Late payments are subject to a late fee of 1.5% per month (or the maximum permitted by law) on outstanding balances
AM Gold Media reserves the right to suspend Services if payment is not received by the due date
3.3 Taxes
The Client is responsible for all applicable taxes, duties, or government charges arising from the engagement, excluding taxes on AM Gold Media's income.
4. Intellectual Property
4.1 Client-Owned Materials
The Client retains ownership of all pre-existing intellectual property, content, trademarks, logos, and materials provided to AM Gold Media for use in connection with the Services ("Client Materials"). The Client grants AM Gold Media a limited, non-exclusive license to use Client Materials solely for the purpose of performing the Services.
4.2 Work Product
Upon receipt of full payment, AM Gold Media assigns to the Client all rights, title, and interest in deliverables specifically created for the Client under a signed service agreement, except as otherwise specified. AM Gold Media retains ownership of all pre-existing tools, templates, methodologies, proprietary processes, and general knowledge used in delivering the Services.
4.3 Portfolio Use
AM Gold Media reserves the right to display work completed for the Client in its portfolio, case studies, and marketing materials unless the Client requests otherwise in writing prior to project commencement.
5. Confidentiality
Both parties agree to keep confidential any non-public, proprietary, or sensitive information shared during the engagement ("Confidential Information"). Neither party shall disclose Confidential Information to third parties without the other party's prior written consent, except as required by law or as necessary to perform the Services. This obligation survives termination of the engagement.
6. Term and Termination
6.1 Term
These Terms remain in effect for the duration of any active service engagement between the parties and continue thereafter with respect to provisions that by their nature should survive termination.
6.2 Termination by Client
The Client may terminate a service engagement with 30 days' written notice. The Client remains responsible for all fees incurred up to the termination date, including any non-cancellable third-party costs (such as media placements) already committed on the Client's behalf.
6.3 Termination by AM Gold Media
AM Gold Media may terminate a service engagement immediately upon written notice if the Client: (a) fails to make payment when due; (b) breaches any material term of these Terms or the applicable service agreement and fails to cure such breach within 10 days of notice; or (c) engages in conduct that is unlawful, harmful, or damaging to AM Gold Media's reputation.
7. Representations and Warranties
Each party represents and warrants that:
It has the legal authority to enter into and perform its obligations under these Terms
Its performance will not violate any applicable law, regulation, or third-party agreement
The Client additionally represents and warrants that:
All Client Materials provided are owned by the Client or the Client has obtained all necessary rights and permissions
The use of Client Materials as directed will not infringe upon any third-party intellectual property or other rights
8. Disclaimers
AM Gold Media provides Services on an "as-is" and "as-available" basis. While we strive to deliver exceptional results, we do not guarantee specific outcomes, including but not limited to particular levels of traffic, leads, conversions, revenue, or return on investment. Marketing results depend on numerous factors beyond AM Gold Media's control, including market conditions, platform algorithms, and competitive landscape.
TO THE FULLEST EXTENT PERMITTED BY LAW, AM GOLD MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AM GOLD MEDIA'S TOTAL LIABILITY TO THE CLIENT FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO AM GOLD MEDIA IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL AM GOLD MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
The Client agrees to indemnify, defend, and hold harmless AM Gold Media and its officers, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Client's breach of these Terms; (b) the Client's use or misuse of the Services; (c) any Client Materials that infringe upon third-party rights; or (d) the Client's violation of any applicable law or regulation.
11. Third-Party Platforms and Services
AM Gold Media may utilize third-party platforms, tools, and advertising networks (such as Google, Meta, and others) to deliver Services. The Client acknowledges that such platforms are governed by their own terms of service and policies, and AM Gold Media is not responsible for changes to platform policies, algorithms, or availability that may affect campaign performance.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms or the Services shall first be subject to good-faith negotiation between the parties. If unresolved, disputes shall be submitted to binding arbitration in Memphis, Tennessee, in accordance with the rules of the American Arbitration Association. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction.
13. Modifications to Terms
AM Gold Media reserves the right to update or modify these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Your continued use of our website or Services following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
14. Entire Agreement
These Terms, together with any applicable service agreement, proposal, or statement of work, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior or contemporaneous understandings, representations, and agreements, whether written or oral.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.
16. Contact Us
If you have any questions about these Terms and Conditions, please contact us at: