If you feel you have to "spread your wings", and start an "exit" while you appear to be "walking on water" like this colorful duck is doing (click to enlarge photo) at Lake Mead Marina near Las Vegas, Nevada, then you need an "exit clause" in your SEO "Pay For Some Kind of Performance (Actions)" service contract.
This should be done upfront, when the initial contract begins, and should be needed only in case the contract is terminated before the full term of the contract. Otherwise, everything else should be covered, and either party should be free to "go their way" with no obligations other than an explanation (preferably in writing). It also should be fair to both parties, based upon the circumstances (the real reasons for early "termination of relationship"), and the timing of the "exit" by either party (how much work and results were accomplished by then).
That said, I want to communicate my opinion of how any seller of services should look at "entering into" and "exiting from" any relationship (contractual or otherwise). My opinion is that I've always wanted my services to financially benefit my employer, independent contractor licensor, or client MORE than I do from the relationship. Even if it is A LOT MORE, that's OK, as I always have the option of not giving the benefit of my services for the agreed upon remuneration to begin with. I can also confidently ask for more compensation once my proof of performance is there, if I feel I'm underpaid. That "giving attitude" has paid off, big time, in the long run for me my entire life. Because, what I have given, has come back to me many times over in direct or indirect ways. Yes, in a few instances, my, almost life long, straight commission, performance-based pay resulted in me "loosing the battle" (like when my client didn't pay the bill, or backed out of the deal somehow), but overall, I "won the war".
The buyer of services has an obligation to be cooperative, and communicative, and to not try to take unfair advantage of the seller in any way (especially when it comes to paying the agreed upon compensation for services well executed).
So, let's get to some things (not all) that can be in an "exit clause" for my "one suggestion" relating to SEO "Performance-based Pricing" remuneration.
With SEO, the benefits of well implemented, long term thinking SEO can last beyond the one year contract period. However, most professional SEO Consultants will agree, as I do too, that with ever changing search engine algorithms, increased keyword competitiveness, and "increased web site content" demands, within most markets, (as more dollars get put into SEO), the positive affects will dwindle within six months of stopping all SEO efforts. That's why SEO is truly more of a long term strategy than PPC. It is also more "cost effective" for the same amount of PPC dollars, as noted in the article I just linked to.
I promised in Part XVIII that I would repeat what I said about "client contract protection" in relation to a client's site being "Google Banned". So, it is my opinion that the SEO buyer may want to have some sort of "charge back" (in an "exit clause" or elsewhere), if his web site gets banned because the SEO seller KNOWINGLY (see this Search Marketer's wording in "Code of Ethics for SEO"), without upfront discussion, disclosure, and mutual written agreement, did something to badly break the Google Webmaster Guidelines, or the Google guidelines for Search Engine Optimizers. While I'm not for or against any SEO mentioned here, I do like the SEO Code of Ethics by Bruce Clay.
The challenge to the SEO seller is KNOWING EXACTLY WHEN SOME KINDS OF SEO TECHNIQUES ARE TOO AGGRESSIVE! Only the search engines determine WHEN & HOW that happens. The challenge to the SEO buyer is KNOWING WHEN THE SEO SELLER IS KNOWINGLY & INTENTIONALLY BEING "TOO AGGRESSIVE". My best advice is, if the SEO buyer's site gets banned, and he suspects "over aggressiveness" on the part of his SEO seller (but the seller denies it), then he should contact a Search Engine SPAM "expert witness".
Actually, I would bet that if you contacted the people who run SEOConsultants.com (I like that they've been around since 6/02, and have a conspicuous, upfront disclosure of "no guarantees" on their "member's directory" page), they would give you the contact info for a "SEO expert witness" that is, hopefully, not a close "friend" of your SEO seller. There are other organizations providing their kind of service, but I also like their "Peer Review Network", and their advice for consumers in choosing a SEO company.
In "Knowing your SEO Contract Inside Out" the author says: "If the SEO is also going to write content, it is a good idea to buy the copyrights. That will avoid any discussions regarding copyright in the event of contract termination." Ordinarily, under regular pricing policies, I would agree. But my opinion here is that the SEO buyer's company should initially write the content that they want added or changed, and then the "SEO Pay For Some Kind of Performance (Actions)" seller should include the cost of "optimizing" that new or changed content in that first year's regular pricing. The estimated amount of "pages" that will be involved within that first year should be in writing. If that projected estimate is underestimated from what actually takes place, then additional payments on an hourly basis should be made to the SEO seller. The cost of client ownership (if any) of all "SEO code" or "SEO design" that is done by the SEO seller should also be included in the contract and within the initial, regular pricing, one year amount, too.
An "exit clause" might also contain a "non-compete clause" for the SEO buyer's sake. Even if there isn't a horror story like this one about an SEO firm called "Traffic Logic" in this search engine optimisation forum, there should be a period of, at least, three months (if not more) after contract termination (early "exit" or not), that the SEO seller can't go to their former client's competitors (3 or more named competitors), and "offer them a deal" based on some of the work they've already done for their previous client. The good news is that many SEO firms already believe that it is unethical to do this kind of thing while they work with their current client. How they feel about a "non-compete" within three months after, I'm not sure. But, I hope they would understand, especially within a competitive industry or market.
I also hope the SEO buyer understands that in a "SEO Performance-based Pricing" "exit clause" (early "exit" or not"), there should be a "charge back", financial penalty against the SEO buyer, who doesn't cooperate with previously agreed upon "kinds" and "levels" of implementation of SEO seller recommended optimization to the client's web site. The amount of penalty would depend upon the reasons why implementation was very late or never took place (especially if it was agreed upon, upfront, that the SEO firm would do all implementation). It would also depend upon the severity of the consequences of the specific optimization improvements that were very late or not done. An outside "SEO expert" could be consulted to help mediate this aspect.
Stoney deGeyter's article "Should SEOs Recommend or Implement Optimization Changes?" brings up good points about the various "reasons", and ends by saying: "Before selecting a search engine marketing company, you need to do a little internal and external research. Are you willing to give the firm access to your site to make the changes necessary that will produce results?". He also has "CodeMonitor (TM)" which is "a free web tool for monitoring, notification, and comparing web page changes made by your web marketer, client, programmer, or a competitor." That way, whether the SEO seller or buyer does the actual implementation, both can be notified of any "changes" to the client's web site.
Basically, the "exit clause" or any clause within the SEO "Pay For Some Kind of Performance (Actions)" contract should not have any undefined services or undefined timelines for those services.
Next, and maybe last, will be my post on "Reference Checks". Since TRUST plays a large role in a successfully long term relationship, it is crucial for both SEO buyer and seller to do this task well.
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