Advertiser Agreement & Terms of Service

Last Updated: March 16, 2026

This Advertiser Agreement & Terms of Service (“Agreement”) is between Local Motion Endorsements LLC (“Local Motion,” “we,” “us,” “our”) and the entity or individual accepting it (“Advertiser,” “you,” “your”). This Agreement governs your access to and use of the Local Motion platform, including any mobile and web applications, dashboards, and related services (collectively, the “Platform”) to create and administer mileage-based advertising campaigns (“Campaigns”).

Acceptance: By creating an account, creating a Campaign, paying any fees, or otherwise using the Platform, you agree to this Agreement. If you accept on behalf of a company, you represent you have authority to bind that company.

Marketplace Role: Local Motion is a marketplace facilitator that connects advertisers with independent drivers. Local Motion is a technology platform/marketplace facilitator only and is not an advertising agency, media buyer, transportation provider, delivery company, employer of drivers, insurer, escrow provider, fiduciary, or guarantor of Campaign performance. Drivers are not our employees, agents, or representatives, and we do not control where or when a Driver operates their vehicle.

1. Definitions

Campaign: A program created through the Platform with defined duration, target areas, driver slot count, eligibility parameters, and rates.
Driver Quota: The number of drivers you request for a Campaign (also referred to as “driver slots”).
Eligible Miles: Miles determined by the Platform as eligible under Driver eligibility rules and Campaign parameters.
Base Rate and Target Zone Rate: Per-mile rates applied to Eligible Miles based on whether miles occur in standard or premium target areas.
Decal & Shipping Costs: Costs for producing and shipping Campaign ad materials (e.g., decals/magnets and required accessories), charged as shown in the Platform.
Statement / Invoice: A monthly billing record reflecting Eligible Miles delivered and associated charges.

2. Platform Access & Advertiser Obligations

Eligibility: You are a legally formed entity or authorized individual and will provide accurate business and billing information.
Account Security: You are responsible for maintaining confidentiality of login credentials and all activity on your account.
Autopay Requirement: You must enable autopay to create and run Campaigns. Campaign availability may be limited if autopay is not enabled or becomes unavailable.
Compliance: You are solely responsible for your ad content, claims, offers, promotions, disclosures, pricing statements, and Campaign requirements, and must comply with applicable advertising, consumer protection, IP, and other laws.
Regulated Content Responsibility: You are solely responsible for legal compliance of regulated content where applicable, including financial services, health claims, alcohol, tobacco, cannabis, gambling, political content, and similar regulated categories.
Vehicle Advertising Laws: You are responsible for ensuring Campaign creative and placement requirements comply with applicable vehicle advertising/display laws (e.g., windshield coverage, reflective materials, permits).
No Driver Direction: You will not require Drivers to take specific routes, drive at specific times, or drive beyond their normal personal driving. Drivers control when and where they drive.
Cooperation: You must reasonably cooperate with Local Motion in billing disputes, chargebacks, fraud reviews, ad complaints, legal claims, and regulatory inquiries related to your Campaigns.
Prohibited Conduct: You will not misuse the Platform, attempt unauthorized access, interfere with tracking systems, attempt to manipulate mileage/eligibility, or use the Platform for unlawful or fraudulent activity.

3. Campaign Setup; Driver Quota; Availability

Campaign Setup: You specify duration, target ZIPs/areas, and desired Driver Quota (number of driver slots). Campaign availability is subject to driver supply and eligibility.
No Exclusivity: Campaigns are non-exclusive unless expressly agreed in writing. No exclusivity is granted by geography, ZIP code, industry, category, driver pool, or territory, and overlapping/competing Campaigns may exist.
Driver Supply Not Guaranteed: Driver enrollment depends on availability and eligibility. Local Motion does not guarantee the Driver Quota will be reached.
Operational Disruptions: Local Motion may pause, delay, reduce, substitute, or modify Campaign operations due to insufficient driver supply, failed driver verification, safety issues, fraud reviews, outages, tracking/geofence issues, shipping/vendor delays, or legal/compliance issues.
Quota Shortfall Remedy (If Offered): If the Platform or a written order form expressly offers a first-month/qualification-period quota shortfall remedy, only that expressly stated remedy and scope will apply. Unless expressly stated otherwise in writing, any quota-shortfall remedy is your sole and exclusive remedy for quota shortfall.
Quota Credit Parameters Requiring Written Confirmation: If a quota shortfall remedy is intended, the applicable terms must expressly define (a) qualification-period start/end trigger, (b) remedy type (platform credit, partial credit, reimbursement, or other), (c) charge categories covered (such as decal/shipping, mileage, or both), and (d) whether unused portions expire or roll over.
Decal Purchases: Drivers may be required to purchase decals/ad materials before joining a Campaign. Those charges are handled in the Driver flow and are shown in the Platform.
Campaign Locking: Once a driver has paid to join, the Campaign may become locked and certain edits, deletions, ending actions, or cancellation actions may be disabled.
Modifications / Extensions: Changes to duration, quota, target areas, creative, or other Campaign parameters may require additional approvals and additional fees, as displayed in the Platform.

4. Rates, Billing, Autopay Authorization, and Payment Failures

Rates: Base Rate and Target Zone Rate are determined by Local Motion and presented in the Platform. Launching or continuing a Campaign constitutes acceptance of the then-current rates for that Campaign unless otherwise agreed in writing.
Monthly Mileage Billing (EOM): You pay for actual Eligible Miles delivered during each calendar month in which the Campaign is active; billed monthly (typically end-of-month or within a few business days thereafter).
Mileage Determinations: Eligibility and mileage calculation are determined by the Platform based on Driver tracking and anti-fraud controls. We may audit and adjust anomalous or suspicious mileage.
Automated Controls; Admin Intervention: The Platform may apply automated controls (including quota checks, lock states, payment gating, fraud/risk flags, and related enforcement actions), and Local Motion may apply manual/admin intervention where reasonably necessary for legal, fraud, safety, or operational reasons.
Controlling Records; Invoice Finality: Absent manifest error, Local Motion’s invoices and Platform billing records (including mileage, eligibility, and charge calculations) are controlling, subject to the dispute process in this Agreement.
Autopay Authorization: You authorize Local Motion and/or our payment processors to automatically charge your saved payment method for monthly mileage invoices, taxes, and any other charges you approve through the Platform.
Disputes: Billing disputes must be submitted within 30 days of invoice issuance to support@drivewithlocalmotion.com. You must provide sufficient detail for review. Continued use of the Platform does not pause payment obligations unless required by law.
Processor and Banking Dependencies: Local Motion is not responsible for payment processor outages, bank declines, fraud blocks, charge failures, delayed settlements, or other third-party payment issues.
Payment Failures; Retries; Suspension: If a charge fails (insufficient funds, expired card, processor restriction, or other reason), we may retry charges and/or request an updated payment method. We may suspend Campaigns, pause driver participation tied to your Campaign, or restrict Platform features until amounts are paid. You remain responsible for all amounts due.
Chargebacks; Reversals: If a charge is reversed or disputed, you remain responsible for all amounts due and associated fees. We may suspend Campaigns, withhold payouts, and seek recovery or setoff to the extent permitted by law.
Taxes: You are responsible for applicable taxes. We may collect and remit taxes where required.

5. Ad Creative; IP; Content Standards

Your Creative: You are responsible for ad creative you provide (logos, text, images, claims, offers, promotions, disclosures, and pricing statements) and warrant you have all rights necessary to use it.
AI Creative (Optional): If you use AI tools in the Platform, your inputs may be sent to third‑party AI providers to generate draft creatives. Local Motion does not review AI-generated outputs for legal sufficiency. You are solely responsible for reviewing AI outputs for copyright, trademark, right of publicity, false advertising, regulatory compliance, and suitability for vehicle display.
No Uniqueness Guarantee: AI outputs may be similar to third‑party content. We do not guarantee uniqueness, non‑infringement, or exclusivity of AI‑generated creatives.
License to Use: You grant Local Motion a limited, worldwide, non-exclusive, royalty-free license to host, reproduce, display, and modify (for technical formatting only) your creative for the purpose of fulfilling and operating the Campaign.
Prohibited Content: No unlawful, deceptive, defamatory, or infringing content. No content that violates third-party rights or applicable advertising standards. Local Motion may reject, pause, remove, delay, or require modification of creative or Campaigns for legal, safety, reputational, policy, vendor, platform-integrity, or compliance reasons.

6. Decal Fulfillment & Logistics

Fulfillment: Local Motion coordinates production and shipment of Campaign Ad Materials (including decals/magnets and any required accessories) to participating drivers.
Supplier Sharing: Campaign creative assets may be shared with fulfillment partners to manufacture or ship Ad Materials.
Delivery Timing: Delivery timing is not guaranteed and may vary based on vendor capacity and shipping carriers. Delays do not create a refund right for mileage-based charges already delivered.
Ownership: Unless otherwise stated in the Platform, Ad Materials are produced for Campaign use. You remain responsible for your creative and claims regardless of where materials are displayed.
End of Campaign: Drivers may be instructed to remove Ad Materials at Campaign completion. Return is not expected unless explicitly arranged.

7. Data Usage, Restrictions, and Privacy

Campaign Analytics: We may provide campaign performance metrics (e.g., dashboard metrics, mileage summaries, target-zone analytics, route previews, impression estimates, and aggregated stats). Metrics are estimates for informational purposes only and are not guaranteed, audited, or exact measurements.
Route & Location Analytics: Where available, we may provide de‑identified or pseudonymous route previews or location‑derived analytics based on Driver tracking. These are estimates and must not be used to identify or contact Drivers.
No Driver Identification / Off-Platform Contact: You shall not attempt to identify, contact, recruit, hire, solicit, employ, or contract with Drivers outside the Platform based on Platform participation or Platform data, and you will not attempt to de-anonymize or re-identify any data.
Confidentiality and Data Use Limits: You must treat any Driver-related information and Platform-derived Campaign data as confidential and use it only for authorized Campaign administration and reporting. You may not use such data for surveillance, competitive intelligence, unrelated marketing, re-identification, or off-platform solicitation.
Data Protection: You will comply with applicable privacy and data protection laws and implement reasonable safeguards to protect data disclosed through the Platform.
Privacy Policies: Processing of personal information is subject to Local Motion’s applicable privacy policies. Where we disclose any Driver-related information to you, you agree to protect it, restrict access, and not retain it longer than needed for Campaign administration.

8. Performance Disclaimers

No ROI Guarantee: Local Motion does not guarantee impressions, leads, conversions, sales, or any particular performance outcome. The service is mileage-based only.
Driver Behavior: We do not control Driver routes or driving frequency. Mileage depends on Driver activity and eligibility rules.
Estimated Reporting Only: Dashboard metrics, route previews, impression estimates, target-zone analytics, and mileage summaries are provided for informational purposes only and are not guaranteed, audited, or exact measurements.
Feature Changes: We may modify, suspend, or discontinue features at any time without liability, subject to applicable law.
Service Availability: The Platform may be unavailable due to maintenance, outages, or third-party issues. We do not guarantee uninterrupted or error-free service.

9. Term, Termination, and Suspension

Term: This Agreement is effective upon acceptance and continues until terminated.
By Advertiser: You may terminate a Campaign through the Platform where available. If a Campaign is locked, has joined/paid drivers, or has other outstanding operational obligations, self-service termination may be unavailable. Mileage already delivered and associated charges are not refundable.
By Local Motion: We may suspend or terminate your account or Campaigns for breach, nonpayment, fraud risk, legal/compliance risk, safety concerns, reputational risk, vendor/platform-integrity concerns, or misuse of the Platform.
Effect of Termination: Outstanding amounts remain due. You must stop using and delete Platform data except as required by law.
Survival: Sections intended to survive termination (including payment obligations, confidentiality/data restrictions, anti-solicitation/no-poaching obligations, indemnification, limitation of liability, and dispute resolution) survive.

10. Indemnification; Limitation of Liability; Dispute Resolution

Indemnification: You will indemnify and hold harmless Local Motion and its affiliates from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of (a) your ad content/claims, (b) your Campaign requirements, (c) your violation of law, or (d) your breach of this Agreement.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOCAL MOTION IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/DATA. OUR TOTAL LIABILITY IS LIMITED TO US$100 OR, IF GREATER, FEES PAID BY YOU TO LOCAL MOTION IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
Dispute Resolution; Arbitration: Any dispute will first be attempted to be resolved informally via support@drivewithlocalmotion.com. If not resolved, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules. Seat/venue: New York County, NY. The Federal Arbitration Act governs. Class/representative actions are waived to the maximum extent permitted by law.

11. Miscellaneous

Governing Law: New York law governs (conflict rules excluded), except that the arbitration agreement is governed by the Federal Arbitration Act.
Assignment: You may not assign without our consent; we may assign freely.
Notices: Notices to Local Motion: support@drivewithlocalmotion.com and (if required) by mail to [INSERT MAILING ADDRESS].
Severability; Waiver: If a provision is unenforceable, it will be modified to the minimum extent necessary; the remainder remains in effect. No waiver is a waiver of future breaches.
Entire Agreement: This Agreement, plus any terms presented in the Platform for specific Campaign features, constitutes the entire agreement regarding your use of the Platform for Campaigns.

Local Motion Endorsements LLC — Attn: Legal — [INSERT MAILING ADDRESS], New York, USA — support@drivewithlocalmotion.com