AGREEMENT: These Terms of Service ("TOS") govern your access to and use of the proprietary resources, systems, documentation, and coaching provided by Emulous Media Inc. ("Agency") under The Diamond Program. By accessing or utilizing any component of The Diamond Program, the Client ("Client") agrees to be bound by these TOS, which operate in conjunction with the executed Digital Marketing & Revenue Growth Service Agreement (the "Service Agreement").

1. Acceptance and Service Agreement Reference

1.1. Acceptance: Use of The Diamond Program materials constitutes full acceptance of these TOS.

1.2. Governing Document: In the event of any conflict between these TOS and the Service Agreement, the terms of the Service Agreement shall prevail regarding financial terms, term limits, and the Minimum Qualified Lead Volume Guarantee.

2. Client Responsibilities and Acceptable Use

2.1. Program Utilization: The Client agrees to actively and accurately utilize the systems implemented by the Agency, specifically adhering to the rules of the 'Zero-Waste' Qualification Funnel (Custom Pre-Call Questionnaire and Virtual First-Look process). Failure to implement these procedures may void performance expectations.

2.2. Material Approval: The Client must provide timely approval of all creative assets, ad copy, and landing page content required for the High-Value Client Magnet and Case Study System. Delays in approval will affect the Agency's ability to fulfill the Guaranteed Pipeline metric.

2.3. No Resale or Redistribution: The Client shall not copy, share, resell, or distribute the proprietary methodologies, SOPs, training materials, or any other internal components of The Diamond Program to any third party or competitor.

3. Intellectual Property and Ownership

3.1. Client Owned Assets (Mechanism 4): As outlined in the Service Agreement, the Client retains full and exclusive ownership of all generated campaign data, targeting segments, final creative files, and the Self-Sustaining System Blueprint (SOP Library).

3.2. Agency Intellectual Property: The Agency retains ownership of the underlying proprietary systems, methodologies, algorithms, general know-how, and the framework design of The Diamond Program. The transfer of SOPs grants the Client a license for internal use only to operate the system.

3.3. Use of Client Name: The Client grants the Agency a non-exclusive, royalty-free license to use the Client's business name and project results (subject to client approval and confidentiality rules) solely for marketing the Diamond Program (e.g., in a Case Study to attract other high-value clients).

4. Limitation of Warranty and Liability

4.1. No Financial Guarantee: As detailed in the Program Disclaimer (Canvas document), the Agency makes no guarantee of financial results, including achieving the aspirational $2,000,000 annual revenue goal. Client success is contingent on internal factors such as sales execution.

4.2. Service Limitations: The Agency is not liable for service interruptions or performance degradation caused by third-party platforms (e.g., changes to Google's algorithm, Facebook's ad policies, CRM outages).

4.3. Liability Cap: The Client agrees that the maximum aggregate liability of Emulous Media Inc. under these TOS shall not exceed the total fees paid by the Client to the Agency over the previous three (3) month period, as stipulated in the Service Agreement.

5. Miscellaneous

5.1. Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of the State specified in the Service Agreement.

5.2. Severability: If any provision of these TOS is found to be unenforceable, the remaining provisions shall remain in full force and effect.