Zip Code Exclusivity Terms

1. Overview of Zip Code Exclusivity

Zip Code Exclusivity means that, once a ZIP code is approved and assigned to a client under these Terms, PMAX Dental Marketing will not provide the same protected marketing services to another competing dentist in that ZIP code beyond the limits described below.

Exclusivity is based on:

• The client's dental category;
• The client's selected package;
• The number of dentists in the selected ZIP code;
• The availability of the requested ZIP code at the time of enrollment.

Exclusivity must be confirmed by PMAX Dental Marketing in writing.

2. General Dentists — PRO Package

For clients classified as General Dentists on the PRO package, ZIP code exclusivity is determined by the number of general dentists located in the selected ZIP code.

ZIP Codes With 9 or Fewer General Dentists

If a selected ZIP code has 9 or fewer general dentists, the PRO client receives exclusive rights to that ZIP code.

In this situation, PMAX Dental Marketing will not work with another general dentist in that same ZIP code while the client's agreement is active and in good standing.

ZIP Codes With 10 or More General Dentists

If a selected ZIP code has 10 or more general dentists, PMAX Dental Marketing may work with up to 2 general dentists in that ZIP code.

Once 2 general dentists are active in that ZIP code under eligible PMAX Dental Marketing packages, that ZIP code will be considered fully occupied for general dentistry.

3. General Dentists — Enterprise Package

For clients classified as General Dentists on the Enterprise package, the client may select up to 2 ZIP codes for exclusivity consideration.

The same general dentist rules apply to each selected ZIP code individually.

This means:

• If a selected ZIP code has 9 or fewer general dentists, only 1 general dentist may hold exclusivity in that ZIP code.
• If a selected ZIP code has 10 or more general dentists, PMAX Dental Marketing may work with up to 2 general dentists in that ZIP code.

Each ZIP code must be approved by PMAX Dental Marketing and must be available at the time of enrollment.

4. Specialty Dentists — PRO Package

For specialty dentists on the PRO package, the client receives exclusivity in up to 2 ZIP codes, regardless of how many dentists of that specialty are located in those ZIP codes.

Specialty dentist categories include, but are not limited to:

• Oral surgeons;
• Orthodontists;
• Pediatric dentists;
• Prosthodontists;
• Periodontists;
• Endodontists.

For an approved specialty dentist ZIP code, PMAX Dental Marketing will not work with another dentist in the same specialty category in that same ZIP code while the client's agreement is active and in good standing.

5. Specialty Dentists — Enterprise Package

For specialty dentists on the Enterprise package, the client receives exclusivity in up to 4 ZIP codes, regardless of how many dentists of that specialty are located in those ZIP codes.

Each ZIP code must be approved by PMAX Dental Marketing and must be available at the time of enrollment.

Once approved, PMAX Dental Marketing will not work with another dentist in the same specialty category in those approved ZIP codes while the client's agreement is active and in good standing.

6. General Dentistry vs. Specialty Dentistry

Exclusivity is based on the client's dental category.

A general dentist's ZIP code exclusivity applies to other general dentists only. It does not prevent PMAX Dental Marketing from working with specialty dentists in the same ZIP code.

A specialty dentist's ZIP code exclusivity applies to dentists in the same specialty category only. For example, an orthodontist's ZIP code exclusivity prevents PMAX Dental Marketing from working with another orthodontist in that ZIP code, but it does not prevent PMAX Dental Marketing from working with a general dentist, oral surgeon, pediatric dentist, periodontist, prosthodontist, or endodontist in that same ZIP code.

7. Determining the Number of Dentists in a ZIP Code

PMAX Dental Marketing determines the number of dentists in a ZIP code using sources it considers reliable, which may include public listings, online directories, Google Business Profiles, dental practice websites, licensing information, and other available market data.

The dentist count is determined at the time the ZIP code is reviewed and approved.

If there is a reasonable dispute regarding the number of dentists in a ZIP code, PMAX Dental Marketing may review the information and make a final determination based on available data.

8. ZIP Code Approval and Availability

ZIP code exclusivity is not guaranteed until confirmed by PMAX Dental Marketing in writing.

A requested ZIP code may be unavailable if:

• Another client already holds exclusivity in that ZIP code;
• The ZIP code has reached the maximum number of allowed PMAX Dental Marketing clients;
• The requested ZIP code does not qualify under these Terms;
• PMAX Dental Marketing determines that the requested ZIP code cannot be offered for exclusivity.

If a requested ZIP code is unavailable, the client may select another ZIP code for review and approval.

9. When Exclusivity Begins

Zip Code Exclusivity begins only after:

1. The client has selected an eligible package;
2. The selected ZIP code or ZIP codes have been approved by PMAX Dental Marketing;
3. The client has signed the applicable agreement;
4. The client's required payment or deposit has been received.

Until all of these steps are completed, PMAX Dental Marketing does not guarantee that any ZIP code will be held, reserved, or unavailable to another client.

10. Maintaining Exclusivity

To maintain Zip Code Exclusivity, the client must remain active and in good standing.

A client may lose exclusivity if:

• The agreement is canceled or expires;
• The client fails to make required payments;
• The client downgrades to a package that does not include the same level of exclusivity;
• The client materially breaches the agreement;
• The client gives up or changes the approved ZIP code;
• Either party cancels the agreement according to the cancellation terms.

11. Initial 12-Month Contract Term

All Zip Code Exclusivity agreements require an initial 12-month contract term.

During the initial 12-month term, the approved ZIP code rights remain in effect as long as the client remains active and in good standing under the agreement.

12. Renewal After the Initial 12-Month Term

After the initial 12-month term ends, the agreement will automatically convert into a 6-month renewal term in order to maintain Zip Code Exclusivity.

Each 6-month renewal term will automatically renew for an additional 6-month term unless either party provides written notice of cancellation at least 30 days before the end of the then-current 6-month term.

13. Cancellation After the Initial Term

After the initial 12-month contract term, either the client or PMAX Dental Marketing may cancel the agreement by providing written notice at least 30 days before the end of the current 6-month renewal term.

If proper cancellation notice is not provided at least 30 days before the end of the current renewal term, the agreement will automatically renew for another 6-month term.

14. Effect of Cancellation

If the agreement is canceled, expires, or is terminated for any reason, the client's Zip Code Exclusivity will end.

Once exclusivity ends, PMAX Dental Marketing may make that ZIP code available to another dentist or dental practice.

PMAX Dental Marketing is not required to hold, reserve, or continue protecting any ZIP code after the client's agreement has ended.

15. Changing ZIP Codes

A client may not change approved ZIP codes without written approval from PMAX Dental Marketing.

Any requested ZIP code change will be treated as a new ZIP code review and will be subject to availability, eligibility, dentist count, package level, and these Terms.

PMAX Dental Marketing is not required to approve a ZIP code change.

16. Multiple Locations

If a dental practice has multiple office locations, ZIP Code Exclusivity applies only to the approved ZIP code or ZIP codes listed in the client's agreement.

Exclusivity does not automatically extend to additional office locations, nearby ZIP codes, neighboring cities, counties, service areas, or any other geographic region unless specifically agreed to in writing by PMAX Dental Marketing.

17. No Ownership of ZIP Codes

Zip Code Exclusivity does not give the client legal ownership of any ZIP code, territory, geographic area, market, or advertising channel.

The term “own” or “ownership” may be used for convenience to describe the client's protected marketing position under these Terms, but all exclusivity rights are contractual only and apply only during the active term of the client's agreement.

18. No Guarantee of Results

Zip Code Exclusivity limits the number of competing PMAX Dental Marketing clients in an approved ZIP code. It does not guarantee specific marketing results, patient volume, lead volume, revenue, search rankings, advertising performance, or market share.

Marketing results may vary based on competition, budget, location, offer, website quality, practice reputation, responsiveness, market conditions, and other factors outside of PMAX Dental Marketing's control.

19. Conflicts With Signed Agreement

These Terms are intended to explain PMAX Dental Marketing's Zip Code Exclusivity Policy.

If there is a conflict between these Terms and a signed agreement between PMAX Dental Marketing and the client, the signed agreement will control.

20. Updates to These Terms

PMAX Dental Marketing may update these Zip Code Exclusivity Terms from time to time.

Updates will not remove a client's approved ZIP code exclusivity during an active contract term unless required by law, agreed to in writing, or otherwise stated in the client's signed agreement.