Effective Date: February 2023
Welcome to Pacific Market Partners (PMP). These Terms of Service (“Terms”) govern your access to and use of our “Proven Growth System,” including our consultancy, managed commerce services, and U.S. logistics infrastructure. By engaging our services, you agree to be bound by these Terms.
1. Description of Services
PMP provides a modular suite of e-commerce expansion services, including but not limited to:
- Strategic Sprints: The U.S. Entry Accelerator and Performance Growth Sprint.
- Managed Services: Total Growth Management and Collaborative (Shared Access) models.
- Operational Support: Warehouse fulfillment, returns management, and IP protection.
- Partner Programs: Active Reselling and Hands-Free Storefront models for U.S.-based entities.
2. Client Responsibilities
To maintain “Compliance Readiness,” the Client agrees to:
- Provide accurate, truthful, and complete product information and business documentation.
- Ensure all products meet U.S. safety, labeling, and regulatory standards.
- Maintain ownership and legal rights to all Intellectual Property (IP) provided to PMP for marketing and sale.
- Timely respond to platform inquiries or compliance requests as identified by the PMP team.
3. Fees and Financial Settlement
- Service Fees: Fees for Sprints and On-Demand services are typically flat-rate and billed upfront. Monthly management fees are billed as a combination of a retainer and/or a performance-based commission as defined in your specific Service Agreement.
- Unified Financial Settlements: PMP provides monthly reconciliation reports. All platform fees, ad spends, and fulfillment costs are deducted prior to the final payout of net proceeds.
- Payment Terms: Invoices are due upon receipt unless otherwise specified in a signed Statement of Work (SOW).
4. Intellectual Property Rights
- Client IP: The Client retains all rights to its trademarks, patents, and original brand assets.
- PMP Work Product: Any strategic blueprints, custom ad copy, or localized visual assets created by PMP during the service period remain the property of PMP until full payment is received, upon which a license or transfer of ownership will be granted as per the individual contract.
5. Limitation of Liability and “Move Fast” Disclaimer
- Marketplace Volatility: PMP acts as a strategic executor. We do not control the internal algorithms or policy decisions of third-party platforms (e.g., Amazon, Walmart). While we strive for “0 Weeks” implementation and “Green” account health, PMP is not liable for account suspensions or listing removals caused by platform-wide shifts or Client-side compliance failures.
- No Guarantee of Sales: While our Proven Growth System is designed to maximize velocity, PMP does not guarantee specific sales volumes or profit figures.
6. Confidentiality
Both parties agree to protect “Confidential Information,” including trade secrets, manufacturing sources, and proprietary growth strategies developed during the partnership. This obligation extends beyond the termination of the service agreement.
7. Termination
- Sprint Services: Termination is subject to the completion of the defined project scope.
- Monthly Management: Either party may terminate the agreement with thirty (30) days’ written notice, subject to the settlement of any outstanding logistics fees or performance commissions.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert Your State, e.g., Texas], United States, without regard to its conflict of law principles.
9. Contact Information
For legal inquiries regarding these Terms, please contact:
- Pacific Market Partners (PMP) Compliance Dept.
- Email: legal@pacificmarketpartners.com