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Agency addendum

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Last revised: January 5, 2024 
This Agency Addendum ("Addendum") forms part of the Bubble Terms of Service ("Agreement") previously entered into or simultaneously being entered into by and between Bubble Group, Inc. ("Bubble”) and the Party identified as Agency in the ordering document or online form (“Agency”).

IMPORTANT - PLEASE READ THESE TERMS CAREFULLY. By (a) entering into the Agreement that incorporates this Addendum by reference, or (b) by clicking “accept” at the end of this Addendum, the parties are deemed to have signed this Addendum. The “effective date” for this Addendum is the date Agency accepts this Addendum as described in (a) or (b) in the previous sentence.

The terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement. Except as modified below, the terms of the Agreement shall remain in full force and effect. 

In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement. Except where the context requires otherwise, references in this Addendum to the Agreement are to the Agreement as amended by, and including, this Addendum.

THE “EFFECTIVE DATE” FOR THIS AGREEMENT IS THE EARLIER OF THE FIRST DATE OF ANY APPLICABLE ORDER FORM OR THE FIRST DAY CUSTOMER REQUESTS, USES OR ACCESSES THE SERVICES. EACH ORDER FORM MAY NOT BE CANCELLED ONCE THESE TERMS HAS BEEN ACCEPTED, AND NO REFUNDS WILL BE GRANTED.

We update this Addendum from time to time. If Agency has an active subscription, Bubble will let Agency know when it updates this Addendum via in-application notification or by email (if Agency subscribes to receive email updates). If Agency does not have an active subscription, an updated set of terms will be indicated by the "Date last modified" date below.

In the event of any conflict between the provisions set forth in this Addendum and those in the Agreement, the provisions in this Addendum shall prevail. For the avoidance of doubt, all non-conflicting provisions of the Agreement shall continue to be applicable to Bubble and Agency.

For purposes of this Addendum, "Agency Tiering" refers to the tiered structure within the Platform that offers varying levels of access based on an agency's tier assignment in connection with its Agency Account subscription.

Agency Tiering: In connection with Agency’s Agency Account Subscription to the Platform the parties agree as follows:

(a) Eligibility: The Agency Tiering Services are available to agencies that have entered into the Agreement and who have subscribed to an Agency Account subscription to the Platform.

(b) Tiered Structure: The Agency Tiering Services offer different tiers, each with its own access privileges (each a “Tier”).  

(c) Upgrades and Downgrades: Bubble reserves the right, in its sole discretion, to upgrade or downgrade Agency at any time and from time to time to a different Tier based on various factors, including but not limited to, the Agency's performance history, adherence to tier requirements and/or service complaints.

Indemnification: In addition to Agency’s indemnification obligations in the Agreement, Agency agrees to indemnify, defend and hold Bubble harmless from any claim, action, suit or proceeding (and for all resulting damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees)) where such claim is made or brought against Bubble by any of Agency’s customers and arises out of or relates to Agency’s acts or omissions or Agency’s relationship with such customer (including any breach by Agency of its agreement with such customer).
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