Effective Date: January 3, 2026
These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client,” “you,” or “your”), and BURKE STREET LLC (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://burkestreetmedia.com/ website as well as any related media form, media channel, and the B2B digital marketing services we provide.
By engaging BURKE STREET LLC for services, signing a Statement of Work (SOW), or using our website, you agree to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using our services and must discontinue use immediately.
1. Scope of Services
BURKE STREET LLC operates exclusively as a Business-to-Business (B2B) digital marketing and strategy agency. Our services may include, but are not limited to, overarching digital strategy, high-level lead generation, search engine optimization (SEO), content marketing, pay-per-click (PPC) management, and corporate brand development.
- Statements of Work (SOW): The specific scope, deliverables, timelines, and metrics of success for any project will be outlined in a separate, written Service Agreement, Statement of Work, or formal proposal provided to the Client.
- Change Orders: Any requests outside the scope of the original SOW will require a formal Change Order and may incur additional fees and extended timelines.
2. Payment Terms, Fees, and Taxes
As a premium B2B service provider, our financial arrangements are tailored to the scope of client campaigns.
- Invoicing and Retainers: Clients will be invoiced on a project-based, milestone-based, or monthly retainer schedule as outlined in their specific Service Agreement.
- Payment Due: Payments are due upon receipt of the invoice unless a net-payment term (e.g., Net-30) is explicitly agreed upon in writing.
- Taxes: The Client is responsible for all applicable taxes, levies, or duties imposed by taxing authorities relating to the services purchased, excluding taxes based on the Company’s net income.
- Late Payments: Unpaid balances exceeding the agreed-upon payment window may accrue an interest charge of 1.5% per month or the highest rate permitted by law, whichever is lower. We reserve the right to suspend or pause active campaigns, ad spends, or services until the account is brought entirely current.
3. Client Obligations and Responsibilities
To ensure the maximum efficacy of our marketing campaigns, the Client agrees to collaborate actively with our team.
- The Client must provide timely access to necessary digital assets, brand guidelines, CRM systems, platform credentials, and feedback.
- BURKE STREET LLC is not liable for delays in project deliverables caused by a Client’s failure to provide required materials or sign-offs in a timely manner.
- The Client guarantees that any materials, text, images, or data provided to BURKE STREET LLC for inclusion in campaigns do not infringe upon the intellectual property rights of any third party and comply with all applicable advertising laws and regulations.
4. Third-Party Platforms and Advertising Accounts
Our services frequently involve managing campaigns on third-party platforms (e.g., Google Ads, LinkedIn Ads, Meta Ads).
- Ad Spend: Unless explicitly stated in the SOW, the Client is directly responsible for all ad spend billed by third-party platforms. BURKE STREET LLC’s fees do not include media buy budgets.
- Platform Policies: We adhere to the terms of service of third-party platforms. We are not responsible if a third-party platform rejects an advertisement, suspends an account, or changes its algorithms in a way that impacts campaign performance.
5. Intellectual Property Rights
- Pre-existing IP: Each party retains all right, title, and interest in their respective pre-existing intellectual property.
- Developed IP: Upon full and complete payment of all invoices related to a specific project, the Client will receive full ownership and usage rights of the final, approved digital media and campaign assets created specifically for them.
- Agency Portfolio: BURKE STREET LLC retains the perpetual, non-exclusive right to display completed work, campaign metrics, and logos within our agency portfolio, case studies, and marketing materials, unless strictly prohibited by a mutually signed Non-Disclosure Agreement (NDA).
6. Confidentiality
Both parties agree to hold in strict confidence any proprietary or confidential information shared during the course of the business relationship. “Confidential Information” includes, but is not limited to, business plans, financial data, customer lists, and proprietary algorithms. Neither party will disclose the other’s Confidential Information to any third party without prior written consent, except as required by law.
7. Representations and Warranties
BURKE STREET LLC represents that services will be performed in a professional and workmanlike manner. However, digital marketing is inherently variable. We do not warrant or guarantee specific financial results, exact lead volumes, conversion rates, or sales metrics unless explicitly guaranteed in a signed performance contract. Our services are provided on an “AS-IS” and “AS-AVAILABLE” basis.
8. Indemnification
The Client agrees to defend, indemnify, and hold harmless BURKE STREET LLC, its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) the Client’s violation of these Terms; (b) any claims that materials provided by the Client infringe upon third-party rights; or (c) the Client’s products or services promoted through our marketing efforts.
9. Limitation of Liability
In no event shall BURKE STREET LLC, its directors, employees, or agents be liable to the Client or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from the use of our services. Under no circumstances will our maximum aggregate liability exceed the total amount actually paid by the Client to BURKE STREET LLC during the three (3) months immediately preceding the event giving rise to the claim.
10. Term and Termination
- Convenience: Either party may terminate ongoing monthly retainers with a thirty (30) day written notice, unless a different term is specified in the Client’s specific Service Agreement.
- For Cause: Either party may terminate the agreement immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within fourteen (14) days of receiving written notice.
- Effect of Termination: Upon termination, the Client is responsible for payment for all services rendered, hours logged, and non-cancellable expenses incurred up to the effective date of termination.
11. Force Majeure
BURKE STREET LLC shall not be in default or otherwise liable for any delay in or failure of its performance under these Terms if such delay or failure arises by any reason beyond its reasonable control, including any act of God, acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, quarantine restrictions, strikes, severe weather, or prolonged internet outages.
12. Governing Law and Dispute Resolution
These Terms and any separate agreements shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Wyoming, and the parties irrevocably consent to the personal jurisdiction and venue therein.
13. General Provisions
- 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 will otherwise remain in full force and effect.
- Waiver: The failure of BURKE STREET LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
- Entire Agreement: These Terms, combined with any active SOW or Service Agreement, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, agreements, or understandings.
14. Modifications to Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Effective Date” of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates.
Contact Information If you have any questions or require further clarification regarding these Terms, please contact our legal and administrative team:
BURKE STREET LLC 1309 Coffeen Avenue Ste 1200 Sheridan, WY 82801, United States Email: info@burkestreetmedia.com Phone: +1 (760) 561-5205