Marketing Pro MAX Fees Agreement

 

This Marketing Pro MAX Fees Agreement (the “Agreement”) is entered into as of (the “Effective Date”), by and between Santa Barbara Tax Products Group, LLC, a division of Green Dot Corporation (“SBTPG”), a Delaware corporation having its principal place of business at 114 West 7th Street, Suite 240, Austin, TX 78701, and the entity that has entered into a Financial Services Agreement with SBTPG (“Company”). Company will agree to the terms and conditions herein by clicking the check box located at  https://www.sbtpg.com/marketing-pro-advance-express/.

 

WHEREAS, the parties wish to enter into this Agreement to set forth payment terms with respect to certain marketing services SBTPG makes available provided by a third party.

 

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SBTPG and Company do hereby agree as follows:

 

  1. Company has enrolled to receive an annual subscription of certain marketing services (the “Third Party Services”) to be provided by a third party (“Third Party Provider”) pursuant to a separate agreement with such Third Party Provider (the “Third Party Agreement”) made available to Company by SBTPG. The Third Party Services vary depending upon the plan selected by Company on Schedule A ((“Selected Subscription Plan”). Company will select the Subscription Plan from the drop down menu located at https://www.sbtpg.com/marketing-pro-advance-express/.

 

  1. The Selected Subscription Plan shall auto-renew for successive one-year periods and this Agreement is effective upon the Effective Date and shall remain in effect until the earlier of: (i) the expiration or termination of the Financial Services Agreement between Company and SBTPG (the “FSA”); (ii) Company cancels the Selected Subscription Plan prior to the date of auto-renewal; (iii) the expiration or termination of the Third Party Agreement; (iv) if Company does not process any Refund Transfers (as defined below) through SBTPG in the prior or current tax season; (v) if Company no longer uses SBTPG and has not enrolled with SBTPG as an electronic return originator (“ERO”) for the latest tax season; or (vi) if Company does not sign the FSA on or before April 15 of the current year. The period from the Effective Date through the date of termination shall be referred to as the Term. Company may cancel its Selected Subscription Plan at any time by visiting this page; however, Company will not receive a refund of any fees already paid for the Selected Subscription Plan and Company will be liable for any outstanding fees still due and owing at the time of cancellation. Once the cancellation is processed, Company’s Selected Subscription Plan will expire at the end of the 1 year term of the Selected Subscription Plan.

 

  1. Company represents and warrants that it has enrolled, or will enroll, with SBTPG for tax refund transfer services (“Refund Transfers”) for the current tax season (i.e., tax returns for prior calendar year that are to be filed in following year).

 

  1. Company shall be responsible for payment of the fees for Company’s Selected Subscription Plan as set forth on Schedule A (the “Fees”). Company hereby authorizes SBTPG to deduct the Fees from tax preparation fees SBTPG would otherwise pay to Company in the current tax season.  In the event that the Third Party modifies the Fees for the Selected Subscription Plan, SBTPG will notify Company in writing at least thirty (30) days before the end of the then-current term and the price modification will be effective upon commencement of the renewal term.  In the event of a termination of this Agreement due to the events described above in Section 2, Company shall remain responsible for the Fees, and shall pay the Fees (or any remaining unpaid portion thereof) directly to the Third Party Provider, and shall release SBTPG from any liability for any unpaid amounts. If the total fees for Refund Transfers processed through SBTPG by Company for the current tax season is less than the total Fees, Company shall pay the difference directly to the Third Party Provider.

 

  1. Company agrees to indemnify, defend, and hold harmless SBTPG, its subsidiaries and affiliates, the Third Party Provider, and their respective officers, directors, employees, representatives, agents and permitted assigns, from and against any and all losses and expenses arising from or relating to any allegation, demand, action, claim or proceeding by Company or any third party arising from or relating to (i) any alleged or actual breach by Company of any representation, warranty, covenant or other obligation under this Agreement, (ii) any infringement or alleged infringement by Company on the intellectual property rights of any third party, (iii) Company’s use of the Third Party Services, and (iv) any violation of applicable law by Company or any fraud, gross negligence or willful misconduct by Company. TO THE FULLEST EXTENT PERMITTED BY LAW, SBTPG DISCLAIMS ALL LIABILITY OR OBLIGATION, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR THE THIRD PARTY SERVICES. COMPANY ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY SBTPG AS TO THE FITNESS OF THE THIRD PARTY SERVICES PROVIDED BY THIRD PARTY PROVIDER FOR COMPANY’S INTENDED PURPOSE.

 

  1. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware. The exclusive jurisdiction for any and all claims and disputes of any nature arising out of or relating to this Agreement and/or the performance hereof shall be lodged in the State and Federal courts sitting in Travis County, Texas, and each party does hereby irrevocably submit to the jurisdiction of such courts for the resolution of all such claims and disputes.

 

  1. The parties agree that if any provision of this Agreement shall be determined by any court of competent jurisdiction to be void or otherwise unenforceable, such determination shall not affect any other provision of this Agreement, all of which other provisions shall remain in effect. If any provision is capable of two constructions, one of which would render the provision valid and the other invalid, the provision shall have the meaning that renders it valid.

 

  1. This Agreement and all terms and conditions herein are the confidential information of SBTPG. It will be considered a breach of the Agreement if the terms and conditions of the Agreement or any information concerning the existence of the Agreement are disclosed by Company or its representatives to any third party.

 

Schedule A

Cost

 

Company will select the Subscription Plan from the drop down menu located at https://www.sbtpg.com/marketing-pro-advance-express/.
Starter Client retention management, website, secure client portal, online appointments, secure document sharing, automated campaigns (email only), and online support only $320
Booster Same as Starter Subscription Plan plus SMS marketing campaigns (max of 500 campaigns/month), online coupons, packages and bundles, and up to 3 phone support sessions $560
Producer Same as Starter Subscription Plan plus SMS marketing campaigns (max of 1,000 campaigns/month) and unlimited phone support $800
Tooltip Example

Test goes here *Opt-in required. Account must have initial eligible direct deposits, must be in good standing and have an activated chip-enabled debit card to opt-in. Ongoing eligible direct deposits and other criteria apply to maintain eligibility for overdraft protection. Only debit card purchase transactions are eligible for overdraft protection and overdrafts are paid at our discretion. We reserve the right to not pay overdrafts. For example, we may not pay overdrafts if the account is not in good standing, or is not receiving ongoing eligible direct deposits, or has too many overdrafts. Overdraft fees may cause your account to be overdrawn by an amount that is greater than your overdraft coverage. A $15 fee may apply to each eligible purchase transaction that brings your account negative. Balance must be brought to at least $0 within 24 hours of authorization of the first transaction that overdraws your account to avoid a fee. Overdraft protection is only available on Demand Deposit Accounts that meet eligibility requirements. Log into and refer to your Account Agreement to check feature availability.