Each Desire Marketing Agency membership grants a license for use by one individual agent only. Sharing your membership, content, or templates with others—whether within your team or externally—is strictly prohibited.

Violating this policy will result in immediate termination of your membership and may lead to legal action.

Need access for multiple agents or team members?
 

We offer brokerage and team packages to keep you compliant. Reach out to us at [email protected].

Desire Marketing content may not be sold, resold, repackaged, or reused by third parties, including marketing agencies. Any unauthorized use will be pursued legally under copyright law.

Due to the digital nature of our services, all sales are final and non-refundable.

MEMBER TERMS OF SERVICE

ACCEPTANCE OF MEMBER TERMS OF SERVICE

By browsing and using the Site, you agree to these Member Terms of Service and all other operating rules, policies, and procedures that may be published from time to time on the Site, each of which is incorporated by reference.

IF YOU LIVE IN THE UNITED STATES, BY USING THIS SITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR IN Kissimmee, Florida. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE AND PURCHASE OF OUR PRODUCTS, AS STATED FULLY IN THE “DISPUTE RESOLUTION” SECTION BELOW.

1. DEFINITIONS

DesiRE Marketing Agency LLC and its affiliated entities are referred to herein as “DesiRE Marketing Agency,” “we,” or “our.”

“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and other materials posted, generated, or otherwise made available on or through the Site. We and our licensors exclusively own all rights, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other applicable laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or proprietary rights notices incorporated in or accompanying any Content on the Site.

“Site” means the website www.desiremarketingagency.com, including all of its domains and subparts.

“Terms” refers to these Terms of Service, our Privacy Policy, and Cookie Policy.

“User” means any visitor to the Site, regardless of registration or purchase status, and is referred to as “User” or “you.”

“User Content” refers to any photographs, comments, video clips, or other content uploaded to the Site by Users, including you. Content includes User Content. We do not claim ownership rights in User Content, and nothing in these Terms restricts your rights to use your own User Content.

2. ELIGIBILITY TO USE THE SITE

You may use the Site only if you are at least eighteen (18) years old, capable of entering a binding contract, and not barred from using the Site under applicable law. You may access the Site for personal, non-commercial use only. No other use is authorized.

A. NOTICE REQUIRED BY CALIFORNIA LAW

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice:

DesiRE Marketing Agency LLC

Email: [email protected]

Complaints or requests for information may be sent to the email above. The California Department of Consumer Affairs may be contacted at:

1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834
Phone: (800) 952-5210

B. IMPORTANT INFORMATION FOR NEW JERSEY RESIDENTS

If you reside in New Jersey, by using the Site, placing an order, or creating an account, you agree that:

1. Any dispute will be governed by Florida law and subject to the dispute resolution provisions in these Terms.

2. Certain warranty disclaimers and limitations on liability may not apply to you under New Jersey law.

3. You are responsible for harm caused to DesiRE Marketing Agency LLC resulting from:

a. Your User Content;

b. Your violation of applicable laws or intellectual property rights;

c. Breaches of these Terms;

d. Any activity occurring under your account credentials.

3. INTERNATIONAL USERS

The Site is operated from Florida, USA. We make no representation that Content is appropriate or available outside the U.S. Access from territories where the Content is illegal is prohibited. You are responsible for compliance with your local laws.

4. GOVERNING LAW

These Terms will be governed by the laws of the State of Florida. If any provision is found to be unenforceable, it will not affect the validity of the remaining Terms.

5. CHANGES TO TERMS

We may modify these Terms at any time. Changes are effective upon posting. Each time you use the Site, you should review the Terms. Continued use constitutes acceptance of the revised Terms. Material changes will not apply retroactively to prior claims or disputes.

6. YOUR ACCOUNT

You may need to register to access parts of the Site. We may deny any username request. You are responsible for maintaining your account confidentiality and agree to accept responsibility for activities under your account. We may suspend or terminate your account for violating these Terms or for any reason, with or without notice.

7. PRIVACY POLICY AND COOKIE POLICY

Our Privacy Policy and Cookie Policy explain how we collect, use, and share your personal information. By using the Site, you consent to those practices.

8. RULES OF CONDUCT AND GENERAL PROHIBITIONS

You may only use the Site lawfully. You must not:

a. Copy, reproduce, or use any Content without permission;

b. Modify, republish, or distribute Content for commercial purposes;

c. Infringe intellectual property rights or others' privacy;

d. Post unlawful, offensive, or deceptive content;

e. Introduce viruses or harmful code;

f. Disrupt Site functionality or others’ use of the Site;

g. Frame or deep link without written consent;

h. Impersonate others or share login information;

i. Attempt unauthorized access to restricted areas.

We may remove content or restrict access at our sole discretion. Violation may result in civil or criminal penalties.

BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS. If you don’t agree, do not use the Site. If you're accepting on behalf of a company, you confirm your authority to bind that entity.

9. RIGHTS TO USER CONTENT POSTED BY YOU

By uploading User Content, you grant DesiRE Marketing Agency LLC a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, adapt, display, and distribute your User Content in connection with our services and promotions.

We may use your User Content in marketing, packaging, presentations, promotional materials, and digital channels without further notice or compensation to you. We may edit or alter User Content and transfer usage rights to affiliates or third parties.

You represent and warrant that:

a. You own or have the rights to your User Content;

b. Your Content does not violate others’ rights or any law;

c. You understand some of your Content may remain accessible even after deletion.

We are not liable for any retention or failure to delete your User Content.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DesiRE Marketing Agency LLC, its affiliates, and their employees, directors, agents, and partners from all claims, damages, losses, liabilities, and costs arising from:

a. Your use of the Site;

b. Your User Content;

c. Your violation of laws or these Terms;

d. Infringement of intellectual property or third-party rights;

e. Activity under your account credentials.

We reserve the right to take over the defense of any matter you’re responsible for indemnifying and expect your cooperation in doing so.

YOU ACCEPT FULL RESPONSIBILITY FOR ALL CLAIMS, EVEN IF CAUSED BY OUR NEGLIGENCE.

11. COPYRIGHTS AND TRADEMARKS

All content on the Site, including text, graphics, logos, images, audio, video, software, and any other materials ("Content"), is protected by copyright, trademark, and other intellectual property laws in the United States and abroad. Unless otherwise noted, Desire Marketing Agency retains all rights to the Content.

You may not copy, reproduce, distribute, modify, publish, transmit, create derivative works of, publicly perform, or display any Content without prior written permission from us and, if applicable, the respective copyright owner. Specifically, you agree not to:

a. Use Content for commercial purposes without authorization;

b. Upload, publish, or transmit Content on any platform or media without consent;

c. Remove or alter any copyright, trademark, or proprietary notices;

d. Use automated tools (e.g., bots or data mining software) to extract Content or data.

No rights, licenses, or ownership of intellectual property are transferred to you by your use of the Site.

Desire Marketing Agency’s trademarks—including, but not limited to, logos, graphics, button icons, and page headers—are the property of Desire Marketing Agency and may not be used without our written permission. All other product names or logos on the Site may be trademarks of their respective owners.

12. DMCA/COPYRIGHT POLICY

We respect the intellectual property rights of others and adhere to the Digital Millennium Copyright Act ("DMCA"). If you believe your copyrighted work has been used on our Site in a way that constitutes copyright infringement, please provide the following information to [email protected]:

a. A description of the copyrighted work;

b. The specific location of the allegedly infringing material;

c. Your contact details (name, address, phone number, email);

d. A statement that you believe in good faith the use is unauthorized;

e. A statement under penalty of perjury that the information provided is accurate and you are authorized to act on behalf of the copyright owner;

f. Your physical or electronic signature.

We reserve the right to remove infringing material and terminate access for repeat infringers.

13. THIRD-PARTY LINKS AND ADVERTISEMENTS

The Site may contain links to third-party websites and ads (“Third-Party Sites & Ads”). We do not control or endorse, and are not responsible for, any Third-Party Sites & Ads, including their content, offerings, or privacy practices. Your access and use of such websites are at your own risk.

Links to Third-Party Sites & Ads do not imply an affiliation or endorsement by Desire Marketing Agency.

14. PRODUCT DESCRIPTIONS

We strive to provide accurate and current information about our products. However, descriptions, prices, and availability are subject to change without notice. By placing an order, you are submitting an offer to purchase. We may reject or cancel orders if there are errors in product details or pricing.

All prices are listed in U.S. Dollars unless otherwise stated.

15. ONLINE PURCHASES

If you make a purchase (“Transaction”) on the Site, you may be asked to provide payment and billing information. You confirm that you are authorized to use the payment method provided. By submitting your information, you authorize Desire Marketing Agency to share it with payment processors to complete your Transaction.

All physical product purchases are subject to a shipping contract, meaning ownership and risk pass to you once we deliver the order to the shipping carrier.

Product availability, specifications, and images are subject to change. You are responsible for complying with all laws related to the purchase and use of our products.

We reserve the right to:

a. Limit product quantities or discontinue products;

b. Cancel or refuse orders at our discretion;

c. Charge applicable taxes, shipping, and handling fees.

16. PAYMENT & ORDER TERMS

All payments must be received and verified before your order is accepted. We reserve the right to cancel or limit orders at any time. If your order is canceled after payment, you’ll receive a refund for the canceled items.

We charge applicable sales taxes and shipping fees based on your location. We do not ship to addresses outside the United States unless otherwise agreed in advance.

17. ANTI-DIVERSION

We are not responsible for damages or injuries related to products purchased through unauthorized sellers or products that are expired, altered, or discontinued.

18. DISCLAIMER OF WARRANTIES

All products, services, and content are provided "as is" without warranties of any kind. We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee uninterrupted or error-free access to our Site. Your interactions with other users or third parties through the Site are at your own risk.

To the extent permitted by law, our total liability for any claim related to the Site, products, or services is limited to the amount you paid to us in the 12 months prior to the claim.

19. LIMITATION OF LIABILITY

New Jersey residents: this section may not apply to you.

To the maximum extent allowed by law, Desire Marketing Agency is not liable for any direct or indirect damages—including, but not limited to, lost profits, data loss, or service interruptions—arising from your use of the Site or products, even if we were advised of the possibility.

Our total liability is limited to the total amount you’ve paid us in the past 12 months for any purchases.

We are not responsible for delays or failures due to events beyond our control (e.g., natural disasters, internet outages, etc.).

20. TERMINATION

New Jersey residents: this section may not apply to you.

We may terminate or restrict your access to the Site at any time, without notice and for any reason. We are not liable for any resulting loss or inconvenience.

21. NO THIRD-PARTY BENEFICIARIES

These Terms are enforceable only by you and DesiRE Marketing Agency LLC. They are not intended to confer any rights or remedies on any third party, except as explicitly stated. The parties agree that payment card networks are third-party beneficiaries for the limited purpose of enforcing provisions related to payment, but their consent is not required for any modifications to these Terms. You also agree that DesiRE Marketing Agency LLC may assign, transfer, or subcontract its rights or obligations under these Terms to a third party in writing, and such third party may enforce the applicable Terms.

22. DISPUTE RESOLUTION

AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
 

You and DesiRE Marketing Agency LLC agree that any dispute, claim, or controversy related to our services, products, these Terms (including our Privacy Policy and Cookie Policy), or the breach, enforcement, interpretation, or validity thereof (“Disputes”) will be settled through confidential, binding arbitration. 

Each party retains the right to:

a. bring an individual action in small claims court; and
b. seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights (referred to as an “IP Protection Action”).

All IP Protection Actions must be brought exclusively in the state or federal courts of Houston, Texas, and both parties waive any objection to venue or jurisdiction there.
 

You agree that by entering into these Terms, you and DesiRE Marketing Agency LLC waive the right to a trial by jury or to participate in class or representative actions.

If this paragraph is held unenforceable, the entire Dispute Resolution section will be void. This section shall survive termination of the Terms. The Federal Arbitration Act governs its interpretation and enforcement.

23. ARBITRATION RULES

Arbitration will be governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS) in effect at the time arbitration is initiated. These rules are available at www.jamsadr.com or by calling 1-800-352-5267.
 

The parties agree that JAMS may not administer any class or multiple-claimant arbitration; all proceedings are limited to individual claims.

24. DISPUTE NOTICE AND ARBITRATION PROCESS

Before initiating arbitration, you must send a written Dispute Statement to DesiRE Marketing Agency LLC including your name, address, telephone number, a summary of the dispute, and the relief sought. This statement must be sent via a nationally recognized overnight courier, addressed to our legal representative.

If the dispute remains unresolved after thirty (30) days, either party may begin arbitration by sending a Demand for Arbitration as outlined in the JAMS Procedures.

Only the arbitrator has authority to resolve all disputes, including disputes about the interpretation, enforceability, or applicability of these Terms. Courts may only determine whether a matter qualifies as an IP Protection Action.

25. ARBITRATION LOCATION AND PROCEDURE

Unless otherwise agreed, arbitration will occur in the county where you reside.

a. If your claim is under $10,000:
(i) it may proceed based solely on written submissions, unless a hearing is requested or deemed necessary by the arbitrator;
(ii) hearings may be conducted in person or by phone.

b. If your claim exceeds $10,000:
your hearing rights will follow the JAMS Procedures.

The arbitrator may allow a reasonable exchange of information, subject to the expedited nature of arbitration.

26. ARBITRATOR’S DECISION

The arbitrator will issue a reasoned decision including essential findings and legal conclusions. The decision may be entered as a judgment in any court of competent jurisdiction.

The arbitrator may only award the types and amounts of damages permitted by the “Disclaimer of Warranties” and “Limitations of Liability” sections.

Only the claimant may receive injunctive or declaratory relief, and only as warranted by their individual claim. If you prevail, you may be entitled to attorneys’ fees as allowed by law.
 

DesiRE Marketing Agency LLC waives any right to recover attorneys’ fees if it prevails.

27. TIME LIMIT FOR RESOLVING DISPUTES

You agree to bring any Dispute within one (1) year of when the Dispute arose. By agreeing to these Terms, you are waiving any longer statutes of limitations that may apply under your state’s laws.

Notice to New Jersey Users: This clause shortens the time you have to bring a claim.

This section survives termination of the Terms.

RIGHT TO OPT-OUT OR REJECT FUTURE CHANGES TO DISPUTE RESOLUTION

You may opt out of arbitration and the class action waiver by sending a written request via nationally recognized overnight courier to the attention of Haley Ingram within thirty (30) days of your first visit to the Site. The request must include:

a. your name;
b. mailing address;
c. and a clear request to opt out of arbitration and class action waiver.

If you opt out, the remainder of the Terms will still apply.

If DesiRE Marketing Agency LLC modifies this section in the future, you may reject those changes by sending written notice to [email protected] within thirty (30) days of the change, preserving your agreement to the version of this section you originally accepted.

28. GENERAL

These Terms constitute the complete agreement between you and DesiRE Marketing Agency LLC and supersede all prior agreements, whether oral or written.

If any part of the Terms is found to be invalid or unenforceable, the rest will remain fully effective.

You may not transfer these Terms without our written consent. We may transfer or assign our rights freely. These Terms will bind successors and permitted assigns.

We may provide notices by posting to the Site.

Our failure to enforce any provision is not a waiver. Waivers are only effective in writing and signed by an authorized representative.

Nothing in these Terms creates a joint venture, partnership, or agency between you and DesiRE Marketing Agency LLC.

29. CONTACT INFORMATION

If you have questions or comments about these Terms, please contact us at:

DesiRE Marketing Agency LLC
[email protected]
321-209-5080