Martrek Digital – Master Legal Page

Last Updated: April 8, 2026

LEGAL ENTITY DISCLOSURE

Martrek Digital is a trade name (DBA) of Martrek Partners LLC (the “Company,” “Martrek,” “we,” “us,” or “our”). Any references in these terms to “Martrek Digital” refer to Martrek Partners LLC doing business as Martrek Digital.

Welcome to Martrek Partners LLC d/b/a Martrek Digital. This Master Legal Page governs your interaction with our website, our educational events, and our professional marketing services. By accessing our website, registering for a Mastermind session, or engaging us for services, you agree to the specific sections of these terms applicable to your interaction.

WEBSITE TERMS OF USE

These terms apply to all visitors of martrekdigital.com.

1. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, and the signature “Roasted Marshmallow Method™” digital strategy framework, is the exclusive property of Martrek Digital and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works from this content without express written permission.

2. Permitted Use

You are granted a limited, non-exclusive license to access and use this website for the purpose of learning about our services and contacting us. You agree not to use any automated systems (scrapers, bots) to extract data from this site or to attempt to interfere with the website’s functionality.

3. Prohibited AI Scraping / Data Mining / Model Training

You may not (and may not permit any third party to) scrape, crawl, harvest, data mine, extract, or otherwise collect any content, data, or materials from this website or from Martrek Digital (including text, images, templates, frameworks, worksheets, videos, audio, and other materials) for the purpose of: (a) training, fine-tuning, validating, benchmarking, or otherwise developing any artificial intelligence or machine learning models; (b) creating, improving, or operating any automated system or dataset; or (c) any other automated purpose, without Martrek Digital’s strict, express written permission in advance. This prohibition applies regardless of whether the use is commercial or non-commercial and regardless of the method of collection (including bots, scrapers, browser automation, APIs, extensions, plugins, or similar tools).

4. Disclaimer of Warranties

This website and its content are provided “as-is” without any warranties of any kind. Martrek Digital does not guarantee that the website will be error-free or that results obtained from the use of the content will meet your specific business requirements.

MASTERMIND PARTICIPATION TERMS

These terms apply to all registrants and attendees of Martrek Digital webinars, workshops, and Mastermind sessions.

1. Confidentiality and Safe Space

Martrek Digital “Roasted Marshmallow Method™ Mastermind” sessions are intended to be a safe, collaborative environment for campground owners. You agree that any proprietary information, business metrics, or personal experiences shared by other participants during these sessions are strictly confidential. You may not disclose participant information to third parties.

2. Prohibition of AI Note-Taking and Recording

To protect the privacy and intellectual property of all attendees, the use of AI note-taking tools, automated transcription bots, or any third-party recording software by participants is strictly prohibited during Mastermind and group sessions. Martrek Digital reserves the right to remove any automated bot or participant who violates this rule without a refund of registration fees (if applicable).

3. Martrek Digital Recording Rights

Martrek Partners LLC d/b/a Martrek Digital may record Mastermind sessions for internal training or future distribution. By participating, you consent to being recorded. If you do not wish to be recorded, you must keep your camera and microphone off or refrain from attending.

4. Intellectual Property of Materials

All worksheets, templates, and strategies (including the Roasted Marshmallow Method™) shared during Mastermind sessions are for your internal business use only and may not be sold or shared outside of your organization.

STANDARD SERVICE TERMS & CONDITIONS

These terms serve as the legal framework for all professional marketing services provided by Martrek Partners LLC d/b/a Martrek Digital (“Company” or “Agency”). These terms are incorporated by reference into the Martrek Digital Lean Services Agreement signed by the client (“Client”). If there is a conflict between the Lean Services Agreement and these Standard Service Terms & Conditions, the Lean Services Agreement controls solely for that conflict.

1. Engagement of Services

Martrek Partners LLC d/b/a Martrek Digital (“Agency”) provides digital marketing services including SEO, Google and Meta advertising, website design, and social media management specifically for the outdoor hospitality industry. The specific scope of work, deliverables, fees, and timelines are governed by the Client’s signed Lean Services Agreement, any statement of work, proposal, or package selection referenced therein (collectively, the “Services”).

2. Professional Relationship

Agency acts as an independent contractor. Nothing in these terms creates a partnership, joint venture, fiduciary relationship, or employer-employee relationship between Agency and Client.

3. Client Responsibilities

Client agrees to provide necessary information, timely approvals, and access (including website credentials, hosting/DNS access if applicable, ad accounts, analytics, brand assets, and third-party platform access) as reasonably required to perform the Services. Agency is not responsible for delays, performance issues, or missed deadlines caused by Client’s failure to provide required inputs or approvals.

4. Fees, Payment, and Taxes

Payments are due according to the schedule outlined in the Lean Services Agreement. Late payments may result in a suspension of Services and/or a late fee of 1.5% per month (or the maximum allowed by law) on the outstanding balance. Client is responsible for all applicable taxes (excluding taxes on Agency’s income). Third-party costs (ad spend, software subscriptions, stock assets, printing, event platforms, etc.) are Client’s responsibility unless expressly stated otherwise in writing.

5. Intellectual Property Rights

5.1 Agency Materials (Pre-Existing IP)

Agency retains all rights, title, and interest in and to: (a) its proprietary processes and know-how, including the Roasted Marshmallow Method™, (b) templates, checklists, systems, workflows, standard operating procedures, (c) pre-existing code, libraries, and tools, and (d) any generalized marketing knowledge or non-client-specific skills used or developed while providing Services (“Agency IP”).

5.2 Client Materials

Client retains all rights, title, and interest in and to Client’s trademarks, logos, brand assets, copy, photos, videos, and other materials provided by Client (“Client Materials”).

5.3 Work Product / Deliverables

Subject to Client’s full payment of all amounts due, Client will own the final, client-specific deliverables created for Client under the Lean Services Agreement (“Deliverables”), excluding Agency IP and excluding third-party materials. Agency may display non-confidential Deliverables in its portfolio and marketing (e.g., case studies, screenshots) unless Client opts out in writing.

5.4 Third-Party Materials

Stock photos, fonts, themes, plugins, software, and other third-party assets are subject to their own licenses. Client is responsible for complying with those licenses. Agency does not grant rights it does not have.

6. Confidentiality

6.1 Confidential Information

“Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential based on the nature of the information and the circumstances of disclosure, including business plans, pricing, strategies, guest/customer lists, analytics, login credentials, and campaign performance data.

6.2 Obligations

Each party will: (a) use the other party’s Confidential Information only to perform or receive the Services, (b) protect it using at least reasonable care, and (c) not disclose it to any third party except to its personnel and contractors who need to know and who are bound by confidentiality obligations at least as protective as these terms.

6.3 Exclusions

Confidential Information does not include information that: (a) is or becomes public through no fault of the receiving party, (b) was known by the receiving party without restriction before receipt, (c) is independently developed without use of the disclosing party’s Confidential Information, or (d) is rightfully obtained from a third party without breach of confidentiality.

6.4 Compelled Disclosure

If legally required to disclose Confidential Information, the receiving party will (to the extent permitted by law) give prompt notice and reasonably cooperate so the disclosing party may seek a protective order.

7. Data Processing (Campground Guest Data)

In the course of providing Services, Agency may have access to guest data (names, emails, booking information) via Client’s property management system (PMS), CRM, email marketing platform, or other tools. Agency acts as a data processor/service provider and will use such data only to perform the Services, maintain reasonable security measures, and not sell the data. Client represents it has the right to provide this data to Agency for marketing purposes and will provide any required notices and obtain any required consents from its guests.

8. Communication and AI Note-Taking

8.1 Standard 1:1 Calls and Meetings (Disclosure/Consent)

Agency may use note-taking tools, including AI-assisted tools, to create meeting notes, action items, and summaries for internal use and for sharing with Client. Agency will disclose when such tools are used. By attending a meeting after that disclosure, Client consents to such note-taking. If Client does not consent, Client must notify Agency before the meeting begins and Agency will disable the tool.

8.2 Mastermind / Group Sessions (No Participant AI Note-Taking)

To protect the privacy and confidentiality of group discussions, Client/participants may not use AI note-taking tools, automated transcription, or recording bots in Mastermind or group sessions.

9. Disclaimer; No Guarantee

Marketing results can vary based on many factors outside Agency’s control (including seasonality, competitive landscape, platform changes, budget, and Client responsiveness). Agency does not guarantee specific outcomes (including rankings, bookings, revenue, ROAS, or lead volume) unless expressly stated in a signed writing by Agency.

10. Indemnification

10.1 Client Indemnity

Client will indemnify, defend, and hold harmless Agency, its owners, employees, contractors, and agents from and against any third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) Client Materials, (b) Client’s products/services, operations, or guest/customer relationships, (c) Client’s violation of law (including privacy, marketing, and advertising laws), (d) Client’s instructions or approvals, or (e) Client’s misuse of Deliverables.

10.2 Agency Indemnity (Limited)

Agency will indemnify and defend Client from and against any third-party claim alleging that the Deliverables (as delivered by Agency and used as permitted) infringe that third party’s U.S. copyright or trademark, and will pay finally awarded damages and reasonable attorneys’ fees, provided that Client: (a) promptly notifies Agency in writing, (b) gives Agency sole control of the defense and settlement, and (c) reasonably cooperates. Agency will have no obligation to the extent a claim arises from Client Materials, third-party materials, Client’s modifications, or use outside the scope of these terms.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) AGENCY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) AGENCY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR THE LEAN SERVICES AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO AGENCY DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so portions may not apply.

12. Term and Termination

12.1 Term

The term of the engagement is as stated in the Lean Services Agreement, and if not stated, it is month-to-month beginning on the effective date.

12.2 Termination for Convenience

Either party may terminate for convenience with written notice as stated in the Lean Services Agreement, and if not stated, with thirty (30) days’ written notice.

12.3 Termination for Cause

Either party may terminate immediately upon written notice if the other party materially breaches and does not cure within ten (10) days after written notice (or within five (5) days for non-payment). Agency may suspend Services immediately for non-payment or if Agency reasonably believes Client’s requested actions violate law or platform policies.

12.4 Effect of Termination

Upon termination: (a) Client will pay all fees and expenses incurred through the effective termination date, (b) any unpaid amounts become immediately due, (c) Agency will provide any Deliverables completed and paid for, and (d) Client’s access to Agency-owned tools, dashboards, or accounts provided by Agency may be removed. Sections intended to survive (including IP, confidentiality, indemnification, limitation of liability, dispute resolution) will survive.

13. Force Majeure

Neither party will be liable for delays or failure to perform caused by events beyond its reasonable control, including acts of God, severe weather, fire, flood, war, terrorism, labor disputes, government action, internet or hosting outages, platform/API changes, or third-party service failures (“Force Majeure”). The affected party will provide prompt notice and resume performance as soon as reasonably practicable.

14. Dispute Resolution; Governing Law; Venue

These terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of [State], without regard to conflict of law principles. The parties agree to first attempt to resolve disputes informally in good faith. If not resolved, any legal action must be brought in the state or federal courts located in [County], [State], and each party consents to personal jurisdiction and venue there.

15. Trademarks & Brand Assets

Roasted Marshmallow Method™ and Martrek Digital™ are trademarks of Martrek Partners LLC. All rights reserved. All content, features, and functionality on this site, including but not limited to our signature “Roasted Marshmallow Method™” framework and the Martrek Digital name and logo, are the exclusive property of Martrek Partners LLC (dba Martrek Digital) and are protected by copyright, trademark, and other intellectual property laws. Unauthorized use of these marks or any content on this site is strictly prohibited.

PART IV: GENERAL PROVISIONS

1. Amendments

Martrek Partners LLC d/b/a Martrek Digital reserves the right to update these terms at any time. Your continued use of our website or services following such updates constitutes acceptance of the new terms.

2. Governing Law

These terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles.

3. Contact Information

For questions regarding any of these terms, please contact:

Martrek Partners LLC d/b/a Martrek Digital 1911 W. Wilson Street, PMB 1219, Batavia, IL 60501 Email: contact@martrekdigital.com Website: martrekdigital.com