Terms of Service

Last updated: July 27, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Washington, United States
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to AMZG MKTG LLC, 8441 NE 139th ST, Kirkland, WA 98034.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website.
• Terms of Service (also referred as “Terms”) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Amazing Marketing Co., accessible from https://amazingmarketingco.com/staging2
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms of Service, You can contact us:

• By email: [email protected]

Legal stuff for Freelancers & Agencies

Between “us”, Amazing Marketing Co., and “you”, client.

You, client, are hiring Amazing Marketing Co. to perform Amazon Marketing Services for the total price agreed upon in the proposal per month.

1.0 Services Rendered

1.1 DELIVERY

We’ll deliver everything outlined in this document to the best of our ability. If, at any stage, you’re not happy with the direction our work is taking, please let us know.

1.2 LIABILITY & ERRORS

We can’t guarantee that our work will be error-free (we’re human!) so we can’t be held liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages to you, your client, or any account, even if you’ve advised us of them. In short, we can’t be held liable for anything that happens to your account while working onit.
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​Amazing Marketing Co., their parent company, employees, and all assets can not be held responsible for your Amazon Seller Account, Product Listing (including any reviews), or future sales. Due to the nature of the marketplace, our services do not guarantee you will receive more sales and we don’t provide any guarantees. You agree to hold us harmless for any loss, damage, or legal liability of your Amazon business.

2.0 Mutual Cooperation

We agree to use our best efforts to fulfill and exceed your expectation of the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to the project and cooperate with us in expediting the work.

3.0 Charges for Services Performed

Requests above and beyond those listed in the budget may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur a fee to resume work at the discretion of Amazing Marketing Co..

4.0 Terms of Payment

4.1 BILLING SCHEDULE

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.

Client will pay Amazing Marketing Co. according to the agreed-upon payment schedule and payment method.    

4.2 CLIENT AGREEMENT TO PAY

You agree to pay our initial (1st) invoice upon receipt which will act to start work on  the project. Every invoice after that will have 7 day payment terms. In the event payment is not made within 7 days, Amazing Marketing Co. reserves the right to stop work until payment is received.

4.3 COLLECTION COSTS

In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.

4.4 PAYMENT OF RETAINER 

The retainer paid at the beginning of each billing period to start services for that month. Payment is due upon receipt to start services for the following month.

 4.5 PAYMENT OF THE 3% OF GROWTH COMMISSION

About the 3% growth commission: incentivized to GROW your brand as big as possible! While other agencies charge 3-10% of total sales or PPC spend, we only charge a commission on sales growth. This means there’s no commission if we don’t grow your sales!

The 3% of revenue growth commission = last months’ sales – ‘starting monthly revenue’ x 0.03.

‘Starting monthly revenue’ = your total Amazon sales from the past 3 calendar months divided by 3.

Example: Let’s say ‘starting monthly revenue’ = $40,000 (avg sales from Jan-Feb-Mar). Let’s say we are hired April 15.if in May, revenue is $50,000: Commission = $50,000-$40,000 = $10,000 x 0.03 = $300if in June, revenue is $80,000: Commission = $80,000-$40,000 = $40,000 x 0.03 = $1,200if in July, revenue is $100,000: Commission = $100,000-$40,000 = $60,000 x 0.03 = $1,800

Total sales revenue is defined as ‘Ordered Product Sales’ in the Business Reports Sales Dashboard in the client’s Amazon Seller Central account (the account being managed), including sales for all brands, products, and marketplaces being managed on the account.  

The 3% growth commission is to be paid via invoice alongside the monthly retainer, for the previous calendar month.

If bonuses are not paid within thirty (30) days, Amazing Marketing Co. reserves the right to stop work until payment is received.

5.0 Cancellation of Plans

You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.

5.1 CANCELLATION FEE

If the client cancels the contract before the agreed-upon end date, the client must pay Amazing Marketing Co. the full remaining retainer remaining on the contract as a cancellation fee. The remaining monthly retainer will be the same as the most recent retainer paid.

6.0 Responsibilities of Amazing Marketing Co. and client​

6.1 Amazing Marketing Co.’S RESPONSIBILITY FOR RELEASES

We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, artwork or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).

6.2 client’s RESPONSIBILITY FOR RELEASES

You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them. Then when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.

We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.

6.3 CLIENT RESPONSIBILITY FOR ACCURACY

You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.

You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.

7.1 Confidential info

Amazing Marketing Co. acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Amazing Marketing Co. on behalf of client or disclosed by client to Amazing Marketing Co..

7.2 Case Studies

​Amazing Marketing Co. reserves the right to use this project as a public case study in its portfolio, website of other location, including screenshots of the client’s products, sales and/or ads performance, or other stats. No confidential or private information will be shared publicly, or course. 

7.3 Working with other clients in the same niche/category 

This contract does not prevent Amazing Marketing Co.​ from working with other clients/brands/companies in the same category/niche who may be competitors on Amazon. Any confidential information will not be shared between clients of course, and no bias will be held. 

8.0 Term and Termination

8.1 Period of Agreement and Notice of Termination

If the client wishes to cancel services, the client must provide at least thirty (30) days advance notice. 

8.2 TERMINATION FOR CAUSE

Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (60) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.

In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.

8.4 MATERIALS UNPAID FOR

If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.

8.5 TRANSFER OF MATERIALS

Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by client to Amazing Marketing Co., Amazing Marketing Co. shall transfer, assign and make available to client all property and materials in its possession or control belonging to client. client agrees to pay for all costs associated with the transfer of materials.

9.0 General Provisions

The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.

9.3 ENTIRE AGREEMENT

Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect

9.4 NON-CIRCUMVENT AGREEMENT

The client may not hire/contract any member/contractor associated with Amazing Marketing Co. for this project or any other project while this contract is active and for 24-months thereafter.

A Few Expectations & Understandings

These are some things that I’ve found it’s helpful to review upfront so we’re on the same page and to avoid any misunderstandings down the road.