Terms & Conditions for Direct Mail Services

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