SERVYLINK PARTNER AGREEMENT 

Last Updated: September 15, 2026 

This ServyLink Partner Agreement (“Agreement”) is entered into between Fusion Digital 365 LLC, a North Carolina limited liability company operating the ServyLink brand and platform (“ServyLink,” “we,” “us,” or “our”), and the business or individual enrolling in or participating in the ServyLink Network (“Partner,” “Service Provider,” “you,” or “your”). 

This Agreement governs your participation in the ServyLink Network, including any listing, Partner website or webpage, territory, service category, lead or service-request delivery, verification designation, marketing service, subscription, or other ServyLink service provided to you. 

By purchasing, activating, accepting, or continuing to use a ServyLink Partner plan or participating in the ServyLink Network, you agree to this Agreement. 

IMPORTANT NOTICE 

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THEM CAREFULLY.

1.SERVYLINK AND THE PARTNER NETWORK 

ServyLink is a local-service discovery, marketing, and connection platform designed to help Consumers discover and connect with independent local Service Providers. 

ServyLink may provide participating Partners with services that include: 

• a ServyLink Partner listing, profile, website, or webpage;
• presentation of the Partner’s business, services, photographs, branding, and service areas;
• search-engine optimization (“SEO”);
• optimization for discovery through search engines, artificial-intelligence-powered search experiences, and other digital discovery platforms;
• digital marketing and online visibility;
• placement within the ServyLink Network;
• territory or service-category participation;
• ServyLink Verified or other designations, where applicable;
• and Consumer service requests or leads. 

The exact services provided to a Partner may depend on the Partner plan, territory, service category, promotional offer, order form, or other written arrangement. 

2.SERVYLINK IS NOT THE SERVICE PROVIDER 

ServyLink and Fusion Digital 365 LLC do not perform the home, property, landscaping, construction, maintenance, repair, improvement, or other services offered by participating Service Providers unless expressly stated otherwise. 

The Partner is an independent business. 

Nothing in this Agreement creates an employment relationship, agency, franchise, partnership, joint venture, fiduciary relationship, or similar relationship between ServyLink and the Partner. 

The Partner independently determines: 

• its prices;
• estimates and proposals;
• work methods;
• schedules;
• employees;
• subcontractors;
• equipment;
• materials;
• contracts;
• warranties;
• payment terms;
• and how services are performed. 

ServyLink does not control the Partner’s work.

3.PARTNER PLANS 

ServyLink may offer different participation levels, including plans currently identified as: 

Local Partner 

Featured Partner 

Exclusive Partner 

ServyLink may also offer free listings, promotional plans, customized plans, or other participation levels. Features, pricing, placement, territory rights, service categories, and other benefits may vary by plan. 

The specific plan selected by the Partner and any applicable pricing or territory information may be identified during enrollment, checkout, an order form, invoice, proposal, or other written confirmation. 

4.TERRITORIES AND SERVICE CATEGORIES

ServyLink may organize Partner participation according to geographic territories and service categories. 

A territory may consist of a city, municipality, ZIP-code area, geographic market, or another geographic area established by ServyLink. 

A Service Provider may participate in one or more service categories. 

Territory participation is therefore generally based on the combination of: 

Territory + Service Category 

For example, participation in Lawn Mowing in a particular city does not automatically provide rights to Landscaping, Fertilization, Hardscaping, Roofing, or another category in that city. 

Likewise, participation in one city does not automatically provide rights in another city.

5.EXCLUSIVE PARTNER TERRITORIES 

Certain ServyLink plans may provide an Exclusive Partner with exclusive or limited placement for a specific combination of territory and service category. 

When ServyLink expressly designates a Partner as the Exclusive Partner for a particular territory and service category, ServyLink will not intentionally enroll another Exclusive Partner for that same territory and service category during the applicable active subscription period, subject to the terms of this Agreement. 

Exclusivity applies only to the specific territory and service category identified by ServyLink. Exclusivity does not mean that: 

• the Partner is the only contractor operating in the geographic area;
• Consumers cannot find or hire other contractors outside ServyLink;
• ServyLink guarantees Consumer demand;
• ServyLink guarantees leads;
• ServyLink guarantees search rankings;
• ServyLink guarantees revenue;
• ServyLink guarantees jobs; or 

ServyLink guarantees that every Consumer in the territory will be connected with the Partner. 

ServyLink may redirect or withhold a service request when reasonably necessary, including when the Partner: 

• does not provide the requested service;
• does not serve the applicable property location;
• is unavailable;
• fails to respond within a reasonable period;
• requests that leads be temporarily paused;
• is suspended;
• has failed to pay amounts due;
• no longer satisfies applicable Partner requirements;
• has materially breached this Agreement; or 

is otherwise unable or inappropriate to receive the request. 

ServyLink may reasonably define and administer territory boundaries and service categories, subject to any express written territory commitment made to the Partner.

6.CONSUMER SERVICE REQUESTS AND LEADS 

Consumers may submit requests for services through ServyLink websites, listings, forms, pages, advertising, or other ServyLink channels. 

ServyLink may provide an appropriate Partner with information concerning a Consumer’s requested service. 

Information may include: 

• Consumer name; 

• telephone number; 

• email address; 

• service address or approximate service location; 

• requested service; 

• project description; 

• photographs; 

• timing information; and 

• other information voluntarily provided by the Consumer. 

A Consumer service request or connection provided to a Partner is referred to in this Agreement as a “Lead.”

7.SERVYLINK DOES NOT SELL THE SAME LEAD TO MULTIPLE COMPETING PARTNERS 

ServyLink’s current Lead model is designed differently from traditional shared-lead marketplaces. 4

ServyLink does not intentionally sell or distribute the same Consumer service request simultaneously to multiple competing ServyLink Partners for the purpose of having those Partners compete for that Lead. 

Our goal is to route a service request to the appropriate Partner associated with the applicable service category and territory. 

However, ServyLink may redirect a Lead to another appropriate Service Provider when reasonably necessary, including when the original Partner: 

• fails to respond; 

• declines the Lead; 

• is unavailable; 

• does not provide the requested service; 

• does not serve the location; 

• is suspended or terminated; or 

• cannot reasonably fulfill the request. 

Nothing in this section guarantees that a Partner will receive every request originating within a particular geographic area.

8.LEADS ARE NOT GUARANTEED JOBS

A Lead represents an expression of potential Consumer interest. 

A Lead is not a guaranteed customer, contract, appointment, sale, or job. 

ServyLink does not guarantee: 

• the number of Leads a Partner will receive; 

• the frequency of Leads; 

• Consumer response rates; 

• that Consumer information will always be complete or accurate; 

• that a Consumer will answer a Partner’s communication; 

• that a Consumer will request an estimate; 

• that a Consumer will hire the Partner; 

• the value of any project; 

• the Consumer’s ability or willingness to pay; 

• that a project will proceed; 

•  Partner revenue;
• profitability; or 

• return on investment. 

Lead volume may vary substantially based on market demand, location, service category, seasonality, competition outside ServyLink, search-engine performance, advertising conditions, Consumer behavior, and other factors outside ServyLink’s control. 

9.NO GUARANTEE OF SEO, AI SEARCH, TRAFFIC OR DIGITAL PERFORMANCE 

ServyLink may create and optimize websites, listings, profiles, pages, content, and other digital assets intended to improve a Partner’s online visibility. 

These efforts may include optimization for: 

• Google and other search engines; 

• local search; 

• organic search; 

• artificial-intelligence-powered search and answer platforms; 

• digital directories; 

• advertising; 

• conversion performance; and 

• other digital discovery channels. 

ServyLink does not control search engines, artificial-intelligence platforms, advertising networks, algorithms, competitors, or Consumer behavior. 

Accordingly, ServyLink does not guarantee: 

• any specific Google ranking; 

• first-page placement; 

• map placement; 

• AI recommendation or citation; 

• website traffic; 

• impressions; 

• clicks; 

• Leads;
• conversions; 

• revenue; or 

• any specific digital-marketing result. 

Search visibility and marketing results may require substantial time to develop and may fluctuate.

10.USE OF LEADS AND CONSUMER INFORMATION 

Consumer information provided through ServyLink may be used only for legitimate purposes reasonably related to responding to the Consumer’s service request and providing the requested service. 

The Partner may contact the Consumer directly concerning the Consumer’s request. 6

The Partner may not knowingly: 

• sell a Lead; 

• resell Consumer information; 

• distribute a Lead to another unrelated business; 

• transfer Consumer information for compensation; 

• publish Consumer contact information; 

• use Consumer information for fraudulent purposes; 

• use Consumer information for unlawful marketing; 

• use Consumer information in violation of applicable privacy or communications laws; or
•  permit unauthorized parties to access Consumer information. 

The Partner is responsible for protecting Consumer information after receiving it.

11.EMPLOYEES AND SUBCONTRACTORS 

The Partner may use employees or legitimate subcontractors working directly on behalf of the Partner to respond to or perform services for Consumers. 

The Partner remains responsible for the acts and omissions of its employees, subcontractors, representatives, and other persons performing services on its behalf. 

The Partner must ensure that persons receiving access to Consumer information have a legitimate business need for that information and handle it appropriately.

12.PARTNER QUALIFICATIONS 

The Partner represents that it is qualified and capable of performing the services it chooses to offer through ServyLink. 

The Partner is solely responsible for determining and maintaining all legal requirements applicable to its business and work. 

These may include, depending on the type of work: 

• business registrations; 

• licenses; 

• permits; 

• certifications; 

• insurance; 

• bonding; 

• occupational requirements; 

• tax registrations; and 

• other federal, state, or local requirements. 

Requirements vary by jurisdiction and type of service. 

ServyLink does not provide legal advice regarding which licenses, permits, insurance, or credentials are required for a Partner’s particular work.

13.INSURANCE 

Partners are responsible for maintaining insurance appropriate for their business and services, including any insurance required by applicable law. 

ServyLink may request evidence of insurance at enrollment or periodically afterward. 

The Partner agrees to provide accurate and current information when requested and to notify ServyLink of material changes affecting information previously provided. 

ServyLink’s receipt or review of insurance documentation does not make ServyLink the insurer or guarantor of the Partner.

14.SERVYLINK VERIFIED 

Certain Partners may receive a ServyLink Verified badge or other designation. 

ServyLink Verified indicates that the Partner satisfied ServyLink’s applicable verification criteria at the time the designation was issued. 

Criteria may include confirmation of: 

• business information; 

• identity; 

• insurance; 

• business operations; and 

• other criteria established by ServyLink. 

ServyLink Verified does not constitute a guarantee or warranty regarding: 

• workmanship; 

• safety; 

• pricing; 

• reliability; 

• availability; 

• employees; 

• subcontractors; 

• future conduct; 

• legal compliance; or 

• Consumer satisfaction. 

ServyLink may periodically request updated information but does not guarantee continuous monitoring of every insurance policy, credential, employee, subcontractor, or business condition. 

ServyLink may modify, suspend, or revoke a verification designation when appropriate.

15.ACCURACY OF PARTNER INFORMATION

The Partner represents that information provided to ServyLink is truthful, current, and materially accurate. The Partner agrees to reasonably update information when material changes occur. This includes information concerning: 

• business name; 

• contact information; 

• ownership or authorized representative; 

• service areas; 

• services offered; 

• insurance; 

• business status; and 

• other material information displayed or relied upon by ServyLink.

16.PARTNER CONTENT AND BRANDING

The Partner may provide ServyLink with: 

• business names; 

• logos; 

• trademarks; 

• photographs; 

• videos; 

• descriptions; 

• service information; 

• project photographs; 

• testimonials; 

• promotional materials; and 

• other content (“Partner Content”). 

The Partner represents that it owns or has sufficient rights and permissions to provide and authorize ServyLink to use the Partner Content. 

During the Partner’s participation in ServyLink, the Partner grants Fusion Digital 365 LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, resize, format, publish, display, distribute, and create derivative marketing materials from Partner Content as reasonably necessary to: 

• create and operate ServyLink listings; 

• create and operate Partner websites or pages; 

• advertise the Partner; 

• promote ServyLink; 

• perform SEO; 

• optimize digital content; 

• promote the ServyLink Network; and 

• provide the services contemplated by this Agreement. 

The Partner retains ownership of its underlying trademarks, logos, photographs, and other intellectual property.

17.SERVYLINK-CREATED CONTENT AND DIGITAL ASSETS 

ServyLink or Fusion Digital 365 LLC may create content, layouts, designs, copy, SEO structures, templates, graphics, technology, webpages, or other materials in connection with the Partner’s participation. 

Except for Partner Content and other third-party materials, ServyLink-created platform materials, systems, templates, designs, software, and proprietary processes remain the property of Fusion Digital 365 LLC or its licensors. 

The Partner receives only the rights expressly provided by the applicable plan or separate written agreement.

18.SERVYLINK BADGES AND MARKS 

ServyLink may authorize eligible Partners to display ServyLink badges, including ServyLink Verified or other Partner designations. 

Such authorization: 

• is limited; 

• is revocable; 

• does not transfer ownership of ServyLink intellectual property; and 

• may terminate when the Partner is no longer eligible or participating in the applicable program. 

A Partner may not alter a ServyLink badge in a misleading manner or use it to suggest that ServyLink guarantees the Partner’s services. 

Upon request or termination of authorization, the Partner must discontinue unauthorized use of the applicable ServyLink designation.

19.PARTNER RESPONSIBILITY FOR CONSUMER SERVICES 

The Partner is solely responsible for services provided to Consumers. 

This includes responsibility for: 

• property inspections; 

• determining project requirements; 

• estimates; 

• proposals; 

• pricing; 

• contracts; 

• deposits; 

• payment schedules; 

• financing arrangements offered by the Partner; 

• scheduling; 

• employees; 

• subcontractors; 

• equipment; 

• materials; 

• permits; 

• legally required licenses; 

• insurance; 

• workplace and job-site safety; 

• workmanship; 

• warranties; 

• property damage; 

• injuries; 

• refunds; 

• project completion; and 

• compliance with applicable law. 

ServyLink is not a party to the service contract between the Partner and Consumer.

20.CONSUMER DISPUTES AND COMPLAINTS

The Partner should attempt to resolve complaints and disputes directly with the Consumer. ServyLink may, but is not obligated to: 

• receive Consumer complaints; 

• request information from the Partner; 

• contact the Partner concerning a complaint; 

• review the Partner’s continued eligibility; 

• suspend Leads; 

• suspend or remove verification; 

• suspend a listing; or 

• terminate the Partner’s participation in ServyLink. 

ServyLink is not obligated to mediate, arbitrate, reimburse, settle, or resolve disputes between a Consumer and Partner.

21.COMPLIANCE WITH COMMUNICATION LAWS

The Partner is responsible for complying with laws applicable to its communications with Consumers. This includes, where applicable, laws and regulations governing: 

• telephone calls; 

• text messages; 

• email; 
• marketing; 

• telemarketing; 

• Do-Not-Call requirements;
•   consent; 

• privacy; and 

• consumer protection. 

A Consumer’s submission of a service request and ServyLink’s transmission of that request to the Partner permits the Partner to use the information to respond appropriately to that request. 

It does not give the Partner unrestricted permission to use Consumer information for unrelated marketing or other unlawful purposes.

22.CONFIDENTIALITY 

Non-public Consumer information, Lead information, ServyLink pricing information, proprietary business information, technology, Partner-network information, and other non-public information received through the ServyLink relationship may constitute confidential information. 

The Partner agrees to protect confidential information using reasonable care and not disclose it except: 

• as reasonably necessary to provide services; 

• to authorized employees or subcontractors with a legitimate need to know; 

• with ServyLink’s authorization; or 

• as required by applicable law. 

Consumer lists and Leads may not be sold, transferred, or commercially distributed.

23.SUBSCRIPTION FEES 

Paid ServyLink plans may require recurring subscription fees. 

Pricing will be disclosed through the applicable pricing page, proposal, checkout process, order form, invoice, or other written confirmation. 

ServyLink does not currently charge Partners on a pay-per-Lead basis unless a separate written agreement expressly provides otherwise. 

Subscription fees compensate ServyLink for the Partner program and associated services and are not dependent upon the Partner receiving or closing a particular number of Leads.

24.INITIAL SIX-MONTH COMMITMENT 

Unless a different term is expressly stated in writing, paid ServyLink Partner plans have an initial commitment period of six (6) months beginning on the Partner’s activation date. 

The Partner will be billed monthly during the initial commitment period. 

The six-month commitment reflects the ongoing work involved in onboarding, building and optimizing Partner pages, establishing territory participation, SEO development, digital visibility, marketing infrastructure, and other ServyLink services. 

Cancellation during the initial commitment period does not automatically eliminate amounts owed for the remainder of the agreed initial term, except where required by law or expressly agreed otherwise in writing by ServyLink. 

25.MONTH-TO-MONTH RENEWAL AFTER INITIAL TERM 

After completion of the initial six-month commitment, the Partner relationship will continue on a month-to month basis unless otherwise agreed in writing. 

Either party may terminate the month-to-month relationship by providing at least thirty (30) days’ notice. The Partner remains responsible for charges incurred through the effective termination date.

26.AUTOMATIC BILLING 

By enrolling in a paid recurring ServyLink plan, the Partner authorizes ServyLink and its payment processor to charge the payment method provided for applicable recurring fees, taxes, and authorized charges. 

Recurring billing will continue according to the applicable billing cycle until the subscription is properly terminated. 

The Partner is responsible for maintaining accurate and current billing information. ServyLink may suspend services when payment cannot be processed or an account becomes past due.

27.TAXES 

Fees quoted by ServyLink may exclude applicable sales, use, or similar taxes unless expressly stated otherwise. 

The Partner is responsible for applicable taxes imposed on the Partner’s purchase of ServyLink services, except taxes imposed directly on Fusion Digital 365 LLC’s income.

28.PRICE CHANGES 

ServyLink may change pricing for future subscription periods. 

Any price change applicable to an existing Partner will be communicated in advance as required by applicable law or the Partner’s agreement. 

A price change will not retroactively alter amounts already properly charged.

29.SUSPENSION 

ServyLink may suspend a Partner’s listing, Lead delivery, verification designation, territory benefits, or other participation when reasonably necessary because of: 

• nonpayment; 

• suspected fraud; 

• Consumer safety concerns; 

• repeated Consumer complaints; 

• misuse of Leads; 

• inaccurate information; 

• misuse of ServyLink branding; 

• violation of law; 

• material violation of this Agreement; or 

• conduct reasonably determined to threaten Consumers, ServyLink, or the integrity of the ServyLink Network. 

Suspension does not necessarily terminate amounts already owed under an existing subscription commitment.

30.TERMINATION BY SERVYLINK 

ServyLink may terminate a Partner’s participation for material breach, unlawful conduct, nonpayment, misuse of Consumer information, fraud, significant safety concerns, repeated serious Consumer complaints, or other substantial violations of this Agreement. 

Where reasonable under the circumstances, ServyLink may provide an opportunity to correct a violation. 

ServyLink may immediately terminate participation when reasonably necessary to protect Consumers, data, ServyLink, or others.

31.EFFECT OF TERMINATION 

Upon termination or expiration: 

• ServyLink may stop sending Leads; 

• territory or category rights terminate; 

• exclusivity rights terminate; 

• Partner access to applicable ServyLink systems may terminate; 15

• ServyLink may remove or modify Partner listings; 

• authorization to use ServyLink badges may terminate; and 

• unpaid amounts remain due. 

ServyLink may retain information and records as permitted by its Privacy Policy and applicable law. 

Provisions that by their nature should survive termination—including confidentiality, intellectual-property provisions, payment obligations, limitations of liability, indemnification, dispute resolution, and obligations concerning Consumer information—will survive termination.

32.NO GUARANTEE OF CONTINUED TERRITORY AFTER TERMINATION 

When a Partner’s Exclusive Partner status, subscription, or territory participation terminates, ServyLink may make that territory and service category available to another Service Provider. 

ServyLink is not required to hold or reserve the former Partner’s territory after termination. If the former Partner later wishes to return, availability and pricing may have changed.

33.ACCEPTABLE USE 

Partners may not: 

• misuse ServyLink systems; 

• scrape or harvest Consumer information; 

• attempt unauthorized access; 

• interfere with ServyLink technology; 

• submit fraudulent information; 

• impersonate another business; 

• manipulate reviews; 

• distribute malware; 

• use Leads for unlawful purposes; 

• sell Consumer information; 

• misrepresent ServyLink’s relationship with the Partner; or 

• engage in conduct intended to damage or circumvent ServyLink’s systems or business model. ServyLink may take reasonable measures to investigate and prevent misuse. 

34.THIRD-PARTY SERVICES 

ServyLink may use or integrate third-party technology providers, including website hosting, analytics, advertising, payment processing, forms, email, security, and other business services. 

ServyLink is not responsible for outages, failures, changes, or actions of independent third-party services outside ServyLink’s reasonable control.

35.NO WARRANTIES 

TO THE FULLEST EXTENT PERMITTED BY LAW, SERVYLINK SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

FUSION DIGITAL 365 LLC DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND PERFORMANCE TO THE EXTENT PERMITTED BY LAW. 

SERVYLINK DOES NOT WARRANT THAT THE PLATFORM, LISTINGS, WEBSITES, LEADS, SEO SERVICES, MARKETING SERVICES, OR OTHER SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR PRODUCE ANY PARTICULAR BUSINESS RESULT.

36.LIMITATION OF LIABILITY 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUSION DIGITAL 365 LLC, SERVYLINK, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVYLINK SERVICES. 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FUSION DIGITAL 365 LLC ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE PARTNER TO SERVYLINK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 

Nothing in this Agreement excludes liability that cannot legally be excluded or limited.

37.INDEMNIFICATION 

To the fullest extent permitted by law, the Partner agrees to defend, indemnify, and hold harmless Fusion Digital 365 LLC, ServyLink, and their owners, officers, employees, contractors, agents, affiliates, successors, 

and assigns from third-party claims, liabilities, losses, damages, judgments, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to: 

• services performed or offered by the Partner; 

• Partner contracts with Consumers;
•  Partner employees or subcontractors;
• personal injury or property damage related to Partner services; 

• Partner negligence or misconduct;
•  Partner advertising or representations;
• Partner Content; 

• intellectual-property infringement caused by Partner Content; 

• misuse or unauthorized disclosure of Consumer information; 

• unlawful telephone, text-message, email, or marketing communications; 

• violation of applicable law; or 

• material violation of this Agreement.

38.INTELLECTUAL PROPERTY 

ServyLink, the ServyLink name, logos, badges, designs, platform technology, templates, proprietary content, and related intellectual property belong to Fusion Digital 365 LLC or their respective licensors. 

No ownership interest is transferred to the Partner. 

The Partner may use ServyLink marks only when expressly authorized and only in accordance with applicable ServyLink guidelines.

39.MODIFICATIONS TO SERVYLINK SERVICES

ServyLink may modify, improve, replace, add, or discontinue platform features and services. 

ServyLink may also modify the way listings, profiles, websites, search experiences, Lead-routing systems, verification programs, or Partner features operate. 

ServyLink will honor express contractual commitments concerning paid Partner plans during their applicable term except where modification is reasonably required by law, security, third-party platform changes, or circumstances outside ServyLink’s reasonable control.

40.MODIFICATIONS TO THIS AGREEMENT

ServyLink may update this Agreement from time to time. 

Updated versions may be posted through ServyLink or otherwise provided to Partners. When required by applicable law, ServyLink will provide appropriate advance notice of material changes. Changes will apply prospectively unless otherwise permitted by law.

41.GOVERNING LAW 

This Agreement is governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, together with applicable federal law.

42.INFORMAL DISPUTE RESOLUTION 

Before initiating formal proceedings, the Partner and Fusion Digital 365 LLC agree to make a good-faith effort to resolve disputes informally. 

A party asserting a dispute should provide written notice describing the nature of the dispute and requested resolution. 

The parties will have a reasonable opportunity to attempt resolution before arbitration is initiated, except where immediate injunctive or other emergency relief is reasonably necessary.

43.BINDING INDIVIDUAL ARBITRATION 

To the fullest extent permitted by applicable law, disputes arising out of or relating to this Agreement, the Partner’s participation in ServyLink, or ServyLink services that cannot be resolved informally will be resolved through binding individual arbitration rather than a lawsuit in court. 

The arbitration agreement is governed by the Federal Arbitration Act. 

The arbitration will be conducted by a nationally recognized arbitration provider under its applicable commercial or consumer rules, as appropriate to the dispute. 

The arbitrator may award remedies available under applicable law on an individual basis. 

Nothing in this section prevents either party from bringing an eligible individual claim in small claims court or seeking relief that applicable law expressly permits to be pursued in court. 

This arbitration provision should be reviewed by qualified North Carolina counsel before publication and use. 

44.CLASS ACTION WAIVER 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTNER AND FUSION DIGITAL 365 LLC AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN THEIR INDIVIDUAL CAPACITIES. 

NEITHER PARTY WILL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY APPLICABLE LAW.

45.ASSIGNMENT 

The Partner may not assign or transfer this Agreement, an Exclusive Partner territory, or other Partner rights without ServyLink’s prior written consent. 

Fusion Digital 365 LLC may assign this Agreement in connection with a merger, acquisition, reorganization, sale of ServyLink, transfer of substantially all related assets, or similar business transaction.

46.SEVERABILITY 

If any provision of this Agreement is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary. 

The remaining provisions will continue in effect.

47.NO WAIVER 

Failure by either party to enforce a provision of this Agreement does not constitute a waiver of that provision or any other provision.

48.ENTIRE AGREEMENT 

This Agreement, together with the applicable Partner plan, order form, proposal, invoice, checkout terms, ServyLink Terms of Use, Privacy Policy, and any other agreement expressly incorporated by reference, constitutes the agreement governing the Partner’s participation in ServyLink. 

If a separately signed Partner order form or written agreement expressly conflicts with this Agreement regarding pricing, territory, service category, or subscription term, the specifically negotiated written provision will control with respect to that subject.

49.ELECTRONIC ACCEPTANCE 

The Partner agrees that electronic acceptance, electronic signatures, checkbox acceptance, online enrollment, or other electronic methods may be used to enter into this Agreement to the extent permitted by law. 

Electronic records may be maintained as evidence of acceptance.

50.CONTACT INFORMATION 

Questions regarding this Agreement may be directed to: 

Fusion Digital 365 LLC 

Operator of ServyLink 

North Carolina, United States 

ServyLink 

A brand and service operated by Fusion Digital 365 LLC 

Contact information may be provided through the ServyLink website. 

© 2026 Fusion Digital 365 LLC. ServyLink and related names, logos, designs, badges, and marks are the property of Fusion Digital 365 LLC or their respective owners. All rights reserved.