Legal

Marketing Atom Terms of Service

Effective date: September 24, 2026

1. Our agreement with you

These Terms of Service (“Terms”) are offered by 2A Business Services LLC, doing business as Marketing Atom (“Marketing Atom,” “we,” “us,” or “our”), for www.MarketingAtom.com, related communications and submissions, and the brand services to which these Terms are made applicable by agreement. “You” means the person accepting these Terms and, if you are authorized to accept for an organization, that organization.

You accept these Terms by selecting a clearly identified acceptance checkbox, signing an agreement that incorporates them, or taking another action expressly identified as agreement after receiving a reasonable opportunity to review them. A website visit alone does not establish that you accepted every contractual provision. If you do not agree, do not submit information through a process requiring acceptance or request services under these Terms. You may still contact us to exercise a legal right.

You must be at least 18 and have the authority to make the relevant submission or agreement. A representative must have authority to bind the organization identified. These Terms do not create an agreement with someone merely because another person sends us that person’s information.

2. Services and agreement priority

Marketing Atom provides services to brands, including strategy, creator research and shortlisting, introductions, product seeding, sponsored-content coordination, campaign management, reporting, content-licensing coordination, and paid advertising using creator content when specifically authorized. Our areas include Overlanding & Off-Road, Homesteading & DIY Off-Grid, EDC, Prepping & Survival, Hunting & Field-to-Table, and Hiking & Backpacking.

We do not offer UGC services, affiliate partnership programs, or ambassador programs. Firearms and ammunition products are excluded. Other products and proposed activities remain subject to our acceptance, applicable law, platform rules, and campaign-specific requirements. Listing an industry does not mean every product in it is eligible or approved.

A service description or inquiry is not a commitment to begin work. The services, responsibilities, deliverables, fees, timing, and authority for each engagement must be established in an accepted proposal, statement of work, services agreement, or other written agreement (“Engagement Agreement”). These Terms supply general service rules only where validly accepted or incorporated.

If an Engagement Agreement and these Terms conflict, the Engagement Agreement controls for that engagement to the extent permitted by law. A specific creator submission agreement controls a conflicting submission provision for its subject matter. Our Privacy Policy describes our information practices; these Terms do not override privacy rights or substitute for a separate consent required by law. Posting these Terms does not amend an existing agreement without the agreement and notice that amendment requires.

3. Our role and the roles of brands and creators

Brands are our clients, and we act only on their behalf. Within the scope a brand authorizes, we may contact creators; ask about their content, rates, deliverables, and availability; negotiate rates, deliverables, and usage rights for the brand; transmit proposed agreements; review campaign content; and help address campaign issues. When we negotiate, we do so as the brand’s representative and in the brand’s interest. A draft, recommendation, or administrative message from us does not itself bind either a brand or a creator to an engagement or change agreed rights.

We do not represent creators. We are not a creator’s talent agent, manager, or adviser, and we do not seek or obtain engagements, employment, or bookings on a creator’s behalf. When we pass messages between a brand and a creator, we do so as the brand’s representative. Creators decide whether to accept any proposal, may negotiate for themselves or through their own representative, and should not rely on us to protect their interests or advise them on terms.

Brands enter into their creator agreements directly and pay creators directly. Marketing Atom does not hire or pay creators, receive creator compensation for onward payment, reimburse creators from campaign funds, or deduct fees from creator compensation. Our separate fees are payable by the brand under its Engagement Agreement.

Brands must maintain our involvement in the campaign coordination and reporting assigned to us. This does not prevent direct contracting or payment, require anyone to conceal legally required information, or authorize us to bind another party without appropriate written authority. Nothing creates a partnership, joint venture, or employment relationship merely from an introduction. The parties’ actual conduct and applicable law determine any status that cannot be decided solely by contract wording.

We can assist with communications concerning disagreements, but we are not required to finance a settlement, advance compensation, guarantee another party’s performance, or adjudicate a brand–creator dispute. This does not excuse our own agreed services or duties imposed by law.

4. Creator submissions and introductions

Submitting a creator profile is free. It allows us to evaluate the information and consider potential brand collaborations in accordance with the Privacy Policy and any applicable submission agreement. Submission does not guarantee acceptance, a response within a particular time, inclusion in a shortlist, any introduction, sponsorship, minimum compensation, or continuing work.

You must provide information that is accurate to your knowledge, identify material restrictions, and avoid fabricated audience figures, purchased or misleading engagement, false credentials, or misrepresented prior partnerships. Tell us about material corrections to information you ask us to use.

You retain ownership of your submitted material. To the extent you have the necessary rights, you authorize us to review, store, organize, and communicate relevant material for the specific evaluation and collaboration purposes described to you, subject to your permissions, the Privacy Policy, and applicable law. This limited authorization is not a transfer of copyright, a public advertising license, or permission to reuse your likeness in unrelated promotions.

We do not promise exclusivity, career guidance, or a particular income. Creators remain free to decline proposed opportunities. Permission for personal-information processing may be withdrawn where applicable, subject to legitimate surviving records and rights; it is not made irrevocable by this section.

5. Brand cooperation and campaign approvals

The brand must provide timely, accurate briefs, product information, claim substantiation, budgets, decisions, access, and approvals needed for the agreed work. It must identify product restrictions, recalls, safety concerns, usage limitations, and any mandatory disclosures before relevant content is approved or used.

The Engagement Agreement should identify who may approve creative, spending, content rights, and changes. Silence does not constitute approval unless a valid written agreement expressly provides otherwise. A material change in deliverables, schedule, budget, or usage rights requires the applicable parties’ agreement. We are not required to perform unapproved work or incur unapproved expenses.

If a required input, approval, product shipment, creator deliverable, or platform action is delayed, we will communicate the resulting effect on the work. Reasonable schedule adjustments and any additional fees must follow the Engagement Agreement or an agreed change. A delay does not automatically authorize additional charges.

6. Fees payments refunds and continuation

Our compensation may be a fixed fee, retainer, hourly fee, percentage of an agreed budget, success fee, or a combination, but only as specifically agreed with the brand. Deposits, due dates, reimbursable costs, taxes, success definitions, and cancellation charges must be stated in the Engagement Agreement. No fee is imposed on a creator by submitting a profile.

Creator compensation, platform spending, product fulfillment, and other third-party costs remain the responsibility of the party identified in the relevant agreement. They are not included in our fee unless the Engagement Agreement expressly says so. We do not hold creator compensation or act as an escrow service.

Except where the Engagement Agreement or mandatory law requires otherwise, fees for services properly performed and authorized costs already irreversibly committed are nonrefundable. Disappointing campaign results alone do not create a refund right. This provision does not allow us to keep an unearned advance where the agreement or law requires its return, or eliminate a remedy for our actionable breach.

These Terms do not create automatic renewal. Any extension, new campaign, or renewed engagement requires agreement on its scope and applicable commercial terms. Payment disputes should be raised promptly with supporting details; doing so does not waive any mandatory dispute or payment right.

7. Protection of introductions and confidential materials

A brand must not deliberately route an agreed campaign through another person or arrangement to evade Marketing Atom fees already earned or properly payable under its Engagement Agreement. Direct brand–creator contracting and payment do not eliminate the brand’s separately agreed obligations to Marketing Atom. Any protection extending to later campaigns, additional relationships, or a period after termination must be specifically agreed and legally enforceable; it is not imposed on every future interaction by these Terms.

Our nonpublic shortlists, strategy documents, evaluations, pricing, processes, and campaign materials may be used only for the purpose for which they were provided. A recipient may not copy or distribute a confidential database or use supplied information for unrelated bulk outreach. Specific campaign records may be retained when authorized or required by law.

Confidentiality does not cover information the recipient can demonstrate was already lawfully known without restriction, became public without its breach, was independently developed, or was lawfully received without a confidentiality duty. Disclosure to advisers with a need to know or as legally required is permitted, using appropriate protection and advance notice where lawful and practicable. This section does not prohibit reporting suspected wrongdoing, cooperating with authorities, giving truthful reviews, or exercising privacy and other legal rights.

8. Content rights and intellectual property

Marketing Atom and its licensors retain their rights in the website, branding, original materials, and pre-existing methods. You may view website content and use it reasonably to evaluate our services. You may not republish substantial protected content, impersonate us, remove ownership notices, or suggest an endorsement without permission. Rights and exceptions provided by law remain available.

Each party remains responsible for securing the rights needed for material it supplies or uses, including copyright, trademarks, music, images, likenesses, releases, and third-party assets. Publicly accessible content is not automatically licensed for advertising.

Creator content usage must be established in the applicable written license. Relevant terms include media, duration, territory, paid-media permissions, editing, sublicensing, exclusivity if any, and any use of identity or likeness. A campaign introduction, invoice payment to Marketing Atom, or content review does not independently transfer creator rights. We do not grant rights we do not own or control.

Any ownership or license in Marketing Atom’s custom deliverables must be stated in the Engagement Agreement. Use of a client name, logo, creator likeness, or campaign result in our own advertising or a case study requires appropriate permission; these Terms do not create blanket publicity permission.

9. Advertising product claims and participant safety

Campaign content must accurately reflect the creator’s experience and opinions and must include clear, conspicuous disclosures of material connections where required. Platform disclosure tools may not by themselves satisfy every applicable requirement. The brand must have adequate substantiation for product claims; creators must not make unsupported claims or misrepresent their experience.

Marketing Atom, brands, and creators each remain responsible for the duties that apply to their own conduct. Our review or coordination does not certify a product’s safety or legal compliance, and another party’s approval does not excuse conduct we know or should recognize to be unlawful. We may decline, pause, or request correction of content or activity that presents a substantiated legal, rights, platform, or safety concern.

Adult creators who propose content depicting minors must disclose that fact before use and provide evidence of appropriate guardian permissions and any other required approvals, releases, work authorizations, or protections. Parental permission alone does not establish compliance with every applicable rule. The responsible parties must resolve those requirements before the content is used. We may reject content whose permissions or compliance cannot be established.

10. No guarantee of campaign outcomes

We do not guarantee sales, revenue, profit, reach, impressions, engagement, conversions, search rankings, creator acceptance, platform approval, or uninterrupted content availability. Algorithms, audience behavior, competition, product quality, creator decisions, platform policies, and other external conditions can affect outcomes.

Forecasts, proposed budgets, suitability assessments, and performance estimates are estimates based on the information available when prepared. Past results do not guarantee future outcomes. Third-party metrics can contain errors or use different attribution methods. Reporting does not constitute an independent audit unless expressly agreed. These qualifications do not excuse false statements, failure to provide expressly promised services, or any nonwaivable duty.

11. Website information and third-party services

Website and blog content is general information. Outdoor, hunting, food-preservation, survival, electrical, solar, and DIY activities can involve serious risks. Content is not individualized medical, legal, engineering, food-safety, or other professional advice, and it does not replace qualified instruction, manufacturer directions, current official guidance, required permits, or an assessment of actual conditions. Do not rely on it as the sole basis for a safety-critical decision.

We may revise or remove content. A reference to a product or third-party website is not a warranty of that product or website. Third-party platforms and providers operate under their own terms and can change, restrict, or discontinue services. We remain responsible for the obligations that the law or our Engagement Agreement places on us concerning providers we use.

If booking or chat features are introduced, any feature-specific notices will apply. An automated response is not binding campaign approval, acceptance of an engagement, or a change in terms unless expressly confirmed through the authorized approval process. Required privacy or recording permissions must be obtained separately.

12. Acceptable use

You must not use our website or services to violate law or another person’s rights; submit unlawful, fraudulent, defamatory, or malicious material; impersonate another person; submit information you have no authority to disclose; bypass security or access restrictions; interfere with operations; or extract nonpublic records without authorization.

You must not use our name, materials, or communications to misrepresent a relationship, promise a guaranteed outcome, or imply that we have approved a product or claim when we have not. These restrictions do not prohibit lawful security reporting, accessibility tools, ordinary search indexing of public pages, or rights that cannot lawfully be restricted.

13. Suspension and termination

Either party may terminate an engagement for a material failure by the other party to fulfill an agreed commitment, subject to the applicable Engagement Agreement. For a breach capable of correction, the terminating party must give written notice describing the breach and a reasonable opportunity to correct it, unless the Engagement Agreement provides a lawful alternative. Immediate suspension or termination may be appropriate for unlawful activity, fraud, a serious security or safety threat, or a breach that cannot reasonably be corrected.

We may limit access to affected website functions when reasonably necessary to address misuse or protect operations, while preserving legally required request channels. Ending a campaign does not erase accrued fees for properly performed work, authorized committed costs, applicable refund duties, or valid rights and obligations that are intended to continue.

After termination, the parties must stop unauthorized use of confidential materials and follow the applicable agreements concerning return, deletion, deliverables, and continuing content licenses. Required legal records and appropriate restricted backups may be retained under the Privacy Policy and applicable law. Termination does not authorize a new charge or cancel a third party’s independent contract automatically.

14. Events outside reasonable control

A party is not responsible for a failure to perform to the extent it is caused by an event beyond its reasonable control that it could not reasonably prevent or overcome, such as a major natural disaster, government restriction, or widespread infrastructure failure. The affected party must give reasonably prompt notice, take reasonable steps to reduce the impact, and resume performance when feasible.

This provision does not excuse fraud, avoidable nonperformance, payment already properly due, or legal duties that continue despite the event. If an event materially prevents the engagement from continuing, the parties must address termination, completed work, committed costs, and unearned advances under the Engagement Agreement and applicable law.

15. Warranty qualifications

To the extent permitted by applicable law, the informational website is provided as available, without an implied warranty of merchantability, fitness for a particular purpose, or uninterrupted availability. We do not promise that every third-party statement or metric is complete or error-free.

For paid services, the express commitments in the Engagement Agreement remain effective. Nothing in these Terms disclaims an express promise, an applicable standard of performance that cannot be waived, or a remedy that the law requires.

16. Limitations of liability

PLEASE READ THIS SECTION. IT AFFECTS THE REMEDIES AVAILABLE FOR CERTAIN CLAIMS, SUBJECT TO THE EXCEPTIONS BELOW.

To the extent permitted by applicable law and except for the excluded liabilities below, Marketing Atom and its owner, officers, and employees will not be liable under these Terms for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunities, or loss of goodwill, arising from the website or services, even if advised that such loss was possible. This exclusion applies only to the extent a valid contract can exclude the particular loss in the circumstances.

Subject to the exceptions below and any controlling Engagement Agreement, Marketing Atom’s aggregate liability for claims arising out of these Terms will not exceed the greater of (a) USD 500 or (b) the fees you paid Marketing Atom for the services giving rise to the claim during the 12 months before the event giving rise to it. Creator compensation and third-party spending are not Marketing Atom fees. Related claims are not multiplied into separate caps solely by pleading different legal theories.

The exclusions and cap do not apply to fraud, willful injury, willful misconduct, gross negligence, violations of law to the extent liability cannot lawfully be limited, or any other liability or remedy that applicable law prohibits excluding or limiting. They do not waive statutory privacy rights, legally required refunds, or nonwaivable consumer protections. A provision will apply only to the extent it is lawful and enforceable for the claim and parties concerned.

17. Responsibility for third-party claims

To the extent permitted by law, a brand client that has validly accepted this provision will indemnify Marketing Atom and its owner, officers, and employees against third-party claims, resulting damages, and reasonable legal costs to the extent caused by the brand’s unlawful or infringing materials, materially false product claims supplied by the brand, breach of its payment obligations to a creator, or unauthorized use of content or personal information. Any duty to provide a defense must be administered consistently with applicable law and the Engagement Agreement.

This obligation does not apply to the extent a claim is caused by Marketing Atom’s own breach, negligence, willful misconduct, fraud, or violation of law. We must give prompt notice, reasonably cooperate, and allow appropriate participation in the defense; delay in notice affects the obligation only to the extent it causes material prejudice. Neither party may settle a covered claim by admitting the other party’s fault, imposing a nonmonetary obligation on it, or failing to release it without its written consent. This clause does not impose a blanket indemnity on a creator who merely submits a profile or on an ordinary website visitor.

18. Applicable law and disputes

California law governs these Terms, subject to any mandatory law that applies regardless of a contractual choice. Unless a valid controlling agreement provides otherwise, disputes subject to an enforceable forum agreement will be brought in the state courts in Sacramento County, California, or the federal court for the Eastern District of California where federal jurisdiction exists. This provision does not displace a mandatory administrative forum or a legally protected right to bring a claim elsewhere.

You may contact Marketing0Atom@gmail.com to seek an informal resolution. Doing so is not a prerequisite to a regulatory complaint, urgent relief, a small-claims action where available, or action needed to preserve a filing deadline. These Terms do not impose mandatory arbitration, a class-action waiver, a jury-trial waiver, or a shortened statutory claim deadline.

19. Changes and general provisions

We may propose updates to these Terms by posting a revised version and effective date. Material changes requiring agreement will be presented for acceptance before they govern the affected services or submissions. Updates do not retroactively change accrued rights or existing engagements without the required agreement.

If a provision is unenforceable, it will be severed to the extent permitted by law, and the remaining provisions will continue where they can operate independently. Severability does not authorize a court to rewrite an unlawful provision beyond what law allows. Failure to enforce a provision once does not by itself waive later enforcement.

These Terms and the applicable accepted Engagement Agreement address their stated subject matter; they do not override another agreement without the priority and amendment rules in section 2. Sections concerning accrued payments, confidentiality, intellectual property, valid limitations, third-party claims, dispute procedures, and other provisions intended by their nature to survive will continue to the extent applicable and lawful. No provision restricts cooperation with regulators or the exercise of a nonwaivable right.

20. Contact

2A Business Services LLC DBA Marketing Atom, 4142 E Commerce Way, Sacramento, CA 95834, United States. Email: Marketing0Atom@gmail.com. Website: www.MarketingAtom.com