Email and SMS Marketing Services Agreement.

Last Updated: September 24th, 2026

This Email and SMS Marketing Services Agreement (“Service Agreement”) governs the email, SMS, lifecycle marketing, CRM, automation, list management, and related platform services provided by Sun Locke Media L.L.C. (“Sun Locke”) to a business customer (“Client”). It is incorporated into the Terms and Conditions. The Terms and Conditions govern matters not specifically addressed here. If this Service Agreement or an applicable Statement of Work conflicts with the Terms and Conditions on a service specific matter, this Service Agreement or Statement of Work controls for that matter.

1. Scope and Statement of Work

1.1 The applicable Statement of Work (“SOW”) will identify which services are selected. A Client may select Email Services, SMS Services, or both. Email Services and SMS Services are separate schedules under this umbrella agreement and may be activated, paused, or changed separately through an SOW or written Order.

1.2 Sun Locke will provide only the services, channels, platforms, deliverables, cadence, fees, and term stated in the applicable SOW. Strategy, platform administration, campaign production, and ongoing support may be project based, monthly, or part of a retainer as stated in the SOW.

2. Service Components

The selected Services may include, but are not limited to, lifecycle and channel strategy, customer relationship management implementation, list and audience management, segmentation, campaign planning, copy and creative production, automation setup, testing, reporting, deliverability coordination, platform configuration, ongoing platform administration, and communication calendar management. The specific scope is controlled by the SOW.

Sun Locke may use reusable systems, modules, components, products, software, applications, automations, workflows, strategies, frameworks, templates, tools, methods, processes, documentation, improvements, and know how in providing the Services. Those materials remain Sun Locke Materials under Section 3 of the Terms and Conditions unless an SOW expressly states otherwise.

3. Client Responsibilities

Client is responsible for providing accurate business information, approved brand materials, lawful contact lists, required permissions, timely approvals, accurate suppression lists, and any disclosures or notices required for Client’s products, services, promotions, and recipients. Client represents that it has the right to provide the contact data and content supplied to Sun Locke and to authorize the requested communications.

Client is responsible for the accuracy and legal sufficiency of Client’s offers, claims, pricing, promotions, consent records, privacy disclosures, terms, and industry specific notices. Sun Locke may flag apparent issues, but Sun Locke does not provide legal advice and Client remains responsible for obtaining counsel where appropriate.

4. Email and SMS Schedules

The Email Services Schedule and SMS Services Schedule are separate pages incorporated into this Agreement. A Client may select either schedule or both through the applicable Statement of Work. Each schedule controls only the channel specific services it addresses. Use the links below to review the separate schedules.

13.2.2.1 Email Services Schedule

13.2.2.2 SMS Services Schedule

5. Accounts, Platforms, and Administration

The SOW will identify whether a platform is owned and billed by Client, owned and billed by Sun Locke, or administered by Sun Locke on Client’s behalf. Client remains responsible for platform fees, carrier fees, sender registration fees, list acquisition costs, and other third party charges unless the SOW expressly states otherwise.

Client grants Sun Locke the access reasonably necessary to provide the selected Services. Client will maintain administrator access, authentication methods, billing information, and recovery contacts needed to avoid service interruption. Sun Locke may use subcontractors and platform providers as permitted by the Terms and Conditions.

6. Retainers, Approvals, and Changes

A retainer or monthly subscription reserves the capacity and recurring administration described in the SOW. It does not require Sun Locke to provide work outside the stated scope or to guarantee a specific number of sends, leads, conversions, replies, or revenue. Delays in Client approvals, missing information, platform outages, or list problems may move the delivery schedule without making Sun Locke responsible for the resulting delay.

Changes to audience, offer, channel, platform, volume, cadence, or automation logic may require a written change order, revised SOW, or additional fees. Sun Locke may decline a requested change that would create a material legal, platform, deliverability, or security risk.

7. Data and Records

Client owns Client Data subject to the Terms and Conditions. Sun Locke may process Client Data only as reasonably necessary to provide the selected Services, maintain records, troubleshoot delivery, measure performance, protect the Services, comply with law, and enforce the agreement. Client is responsible for providing any additional instructions or data processing terms required for its industry or jurisdiction.

8. Service Specific Precedence

This Service Agreement and the applicable SOW control only with respect to Email Services, SMS Services, lifecycle marketing, platform administration, and the other specific services expressly described here or in the SOW. The Terms and Conditions continue to govern all general matters, including payment enforcement, confidentiality, warranties, limitations of liability, indemnity, dispute resolution, and general termination rights.

9. Contact

Questions about this Service Agreement should be sent to legalnotices@sunlocke.com.