After the first three months of the Term where we have provided our Services on a retainer basis, in each month of the Term, we guarantee that any advertising purchased by you as part of the performance of the Services will result in a return on investment of 3:1 (ROI Guarantee). By way of example only, each dollar spent on advertising will result in you receiving three dollars in revenue. For clarity, this does not include the Price or Additional Price.
In the event that the ROI Guarantee is not met in any month of the Term (based on average return on investment throughout that month), we will waive payment of the Price for the following month of the Services, up to a maximum of three months in the Term. For the avoidance of doubt and to the maximum extent permitted by law, this is the sole and exclusive remedy for our failure to meet the ROI Guarantee. We will not provide a refund of the Price, Additional Price or any advertising purchased by you as a result of our failure to meet the ROI Guarantee.
Once we have provided three months of Services free of charge as a result of failing to meet the ROI Guarantee, the ROI Guarantee will no longer apply for the remainder of the Term.