terms & conditions
effective date: may 21, 2026
1. agreement to terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "Client") and Deep 3 Media LLC, doing business as Performance Matters ("Performance Matters," "we," "us," or "our"), a Texas limited liability company. By accessing or using the website located at performancematters.io (the "Site") or engaging our services, you agree to be bound by these Terms. If you do not agree, do not use the Site or our services.
2. services
Performance Matters provides pay-per-call and lead generation services for the insurance, financial services, and home services industries. The specific scope, pricing, performance metrics, and deliverables for any engagement will be defined in a separate service agreement, insertion order, or statement of work executed between you and Performance Matters.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to active clients.
3. eligibility
You must be at least 18 years of age and have the legal authority to enter into binding agreements in order to use the Site or engage our services. By using the Site, you represent and warrant that you meet these requirements.
4. client obligations
When engaging Performance Matters for services, you agree to:
- Provide accurate, complete, and current information as required for campaign setup and execution
- Maintain valid and active call-handling infrastructure, call centers, or buyer endpoints as applicable
- Comply with all applicable federal, state, and local laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any state-specific telemarketing or insurance regulations
- Remit payment according to the terms specified in your service agreement
- Notify Performance Matters promptly of any changes to your campaign requirements, compliance status, or call-handling capacity
5. payment terms
Payment terms, including rates, billing cycles, and payment methods, are governed by the applicable service agreement between you and Performance Matters. Unless otherwise specified in writing, invoices are due within thirty (30) days of issuance. Late payments may be subject to interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
Performance Matters reserves the right to suspend services for any account with an outstanding balance exceeding thirty (30) days past due.
6. intellectual property
All content, materials, trademarks, trade names, logos, designs, and other intellectual property displayed on the Site or used in connection with our services are the exclusive property of Deep 3 Media LLC or its licensors. You may not reproduce, distribute, modify, or create derivative works from any of our intellectual property without prior written consent.
Any campaign assets, landing pages, creative materials, or proprietary tools developed by Performance Matters in connection with service delivery remain the property of Performance Matters unless explicitly transferred in writing.
7. data and privacy
Our collection and use of personal information is governed by our Privacy Policy, available at performancematters.io/privacy. By using the Site or our services, you consent to the practices described therein.
In the course of providing services, Performance Matters may process lead data, call records, and other information on your behalf. Each party agrees to handle such data in compliance with all applicable privacy laws and regulations. Performance Matters will not sell or share your proprietary lead data with competing buyers unless authorized under a separate agreement.
8. representations and warranties
Performance Matters represents that it will perform services in a professional and workmanlike manner consistent with industry standards. Beyond this, all services and materials are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Performance Matters does not guarantee specific call volumes, conversion rates, or revenue outcomes. Any projections, forecasts, or performance estimates are provided for informational purposes only and do not constitute a warranty or guarantee.
9. limitation of liability
To the maximum extent permitted by applicable law, Deep 3 Media LLC and its members, managers, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunity, arising out of or related to your use of the Site, our services, or these Terms, regardless of the theory of liability.
In no event shall our total aggregate liability exceed the amounts actually paid by you to Performance Matters during the six (6) months immediately preceding the event giving rise to the claim.
10. indemnification
You agree to indemnify, defend, and hold harmless Deep 3 Media LLC, its members, managers, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any claim by a third party related to leads, calls, or campaigns conducted on your behalf.
11. term and termination
These Terms are effective as of the date you first access the Site or engage our services and remain in effect until terminated. Either party may terminate a service engagement in accordance with the terms of the applicable service agreement.
Performance Matters may terminate or suspend your access to the Site or services immediately, without prior notice, if you breach these Terms or engage in conduct that we determine, in our sole discretion, to be harmful to our business, reputation, or other clients.
Sections relating to intellectual property, limitation of liability, indemnification, and governing law shall survive any termination of these Terms.
12. governing law and dispute resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or our services shall be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.
13. modifications
Performance Matters reserves the right to update or modify these Terms at any time. Changes will be effective upon posting to the Site with an updated effective date. Your continued use of the Site or services following any changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
14. miscellaneous
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any applicable service agreement, constitute the entire agreement between you and Performance Matters regarding the subject matter herein.