Terms & Conditions for Direct Mail Marketing Services
These Terms & Conditions (“T&C”) apply to all Direct Mail Marketing services provided by Automated Marketing Group, LLC (“AMG”) to its clients (“Advertiser”). By signing the Direct Mail Purchase Agreement, the Advertiser agrees to these T&C.
1. Definitions
- Agreement: The Direct Mail Purchase Agreement signed by the Advertiser.
- Services: The design, printing, and distribution of direct mail pieces.
- Deliverables: Mail pieces prepared and distributed as outlined in the Agreement.
2. Scope of Services
- AMG will provide mailing list procurement, design, printing, addressing, and USPS distribution as specified in the Agreement.
- Advertiser must approve all artwork and campaign details before mailing.
- Changes to services must be requested via a signed Change Order and may incur additional costs.
3. Payment Terms
- Payment Schedule: Payments are due as outlined in the Agreement.
- Late Payments: Overdue payments incur a 1.5% monthly interest fee or the maximum allowable by law.
- AMG reserves the right to pause or terminate services for overdue payments.
- Non-Cancelable Orders: Once production has begun, Advertiser is responsible for full payment.
4. Mailing Schedule & Deadlines
- AMG will use best efforts to meet the mailing schedule but is not responsible for delays due to USPS or Advertiser approvals.
- Advertiser must provide final approval of mailing piece within 3 days of proof submission.
- If Advertiser fails to approve the proof in time, the mailing may be delayed, but payment deadlines remain unchanged.
5. Advertiser Responsibilities
- Provide accurate business information, offers, and creative assets.
- Ensure all submitted content complies with copyright and advertising laws.
- Honor any offers, discounts, or coupons included in mailers.
- Verify the accuracy of the final proof before approval.
6. Ownership & Intellectual Property
- AMG retains ownership of any pre-existing templates, proprietary tools, and methodologies.
- Advertiser owns the final mail piece design upon full payment.
- AMG may showcase completed projects in its portfolio unless otherwise agreed.
7. Performance Disclaimer
- AMG does not guarantee specific results, such as response rates, conversions, or customer engagement.
- The effectiveness of direct mail depends on multiple external factors beyond AMG’s control, including market conditions and recipient behavior.
8. Liability & Indemnification
- AMG is not liable for USPS delays, lost mail, or undelivered pieces.
- Advertiser agrees to indemnify and hold AMG harmless from claims related to:
- Copyright infringement for Advertiser-submitted content.
- Misrepresentation of offers included in the mailers.
- Errors in Advertiser-approved proofs.
- AMG’s total liability under this Agreement shall not exceed the total amount paid by Advertiser.
9. Confidentiality
- Both parties agree to protect confidential business information shared during the campaign.
- Confidentiality does not extend to publicly available materials or information independently developed by either party.
10. Termination & Refund Policy
- Either party may terminate the Agreement with written notice before production begins.
- No refunds will be given for services already rendered, including printed or mailed pieces.
- AMG retains ownership of unfinished materials if payment is not completed.
11. Governing Law
- These T&C are governed by the laws of the State of Colorado.
- Any disputes shall be resolved in Colorado courts.
12. Force Majeure
- AMG is not liable for delays or non-performance due to circumstances beyond its control, including natural disasters, labor disputes, or governmental actions.
13. Entire Agreement
- These T&C, together with the Agreement, constitute the entire understanding between AMG and the Advertiser.
- No verbal agreements or promises outside the written Agreement and these T&C are binding.
For questions or additional information, contact AMG at:
- Address: 250 E. Dry Creek Road, Ste 202B, Littleton, CO 80122
- Phone: 303-703-8000
- Email: contact@automatedmarketinggroup.com