Terms of Service

Acceptance of Terms

Welcome to Commerce Media Agency, powered by geekspeak Commerce. These Terms of Service (“Terms”) govern your access to and use of our website and services. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our services. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of any changes.

Description of Services

Commerce Media Agency provides comprehensive commerce media advertising and ecommerce services, including but not limited to:

• Strategy and planning for commerce media campaigns
• Campaign activation and management across multiple commerce media platforms
• Creative content development and optimization
• Measurement, analytics, and performance reporting
• Retail enablement and ecommerce consulting
• Access to proprietary tools and network ecosystems

Our services are designed for brands, manufacturers, and businesses seeking to leverage commerce media networks such as Amazon Ads, Instacart, Walmart Connect, and other platforms.

Client Accounts and Responsibilities

When engaging our services, you agree to:

• Provide accurate, current, and complete information about your business
• Maintain the confidentiality of any account credentials or access information
• Notify us immediately of any unauthorized access or security breaches
• Be responsible for all activities that occur under your account
• Comply with all applicable laws and regulations regarding advertising and commerce
• Ensure you have the necessary rights to all creative materials provided to us

Service Fees and Payment Terms

Fees for our services will be outlined in a separate service agreement or statement of work. Payment terms, billing frequency, and any additional costs (such as platform advertising spend) will be clearly specified in your agreement. Failure to pay fees in accordance with the agreed terms may result in suspension or termination of services.

All fees are non-refundable unless otherwise specified in writing. You are responsible for all taxes associated with our services.

Intellectual Property Rights

Our Content

All content on our website and in our materials, including text, graphics, logos, images, software, and methodologies, are the property of Commerce Media Agency and geekspeak Commerce or our licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

Client Content

You retain all rights to the content you provide to us (product information, brand assets, etc.). By engaging our services, you grant us a non-exclusive license to use, reproduce, modify, and distribute your content solely for the purpose of providing our services and executing your campaigns.

Work Product

Creative assets, campaign strategies, and other deliverables created specifically for you as part of our services (“Work Product”) will be owned by you upon full payment of all fees, unless otherwise specified in your service agreement. We retain the right to use de-identified campaign data and insights for benchmarking and improving our services.

Campaign Performance and Results

While we strive to optimize your commerce media campaigns for the best possible results, we do not guarantee specific performance outcomes, sales targets, or return on advertising spend. Campaign performance depends on numerous factors including product competitiveness, pricing, market conditions, seasonality, and platform algorithms beyond our control.

Any projections, forecasts, or performance estimates we provide are for informational purposes only and should not be relied upon as guarantees of future results.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during our business relationship. This includes campaign strategies, performance data, business plans, and any information marked as confidential. This obligation survives termination of services.

Limitation of Liability

To the fullest extent permitted by law:

• Our services are provided “as is” without warranties of any kind, express or implied
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the fees paid by you for our services in the twelve (12) months preceding the claim
• We are not responsible for losses resulting from third-party platforms, network outages, or circumstances beyond our reasonable control

Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Commerce Media Agency, geekspeak Commerce, and our affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of our services, (b) your violation of these Terms, (c) your violation of any third-party rights, including intellectual property rights, or (d) any content or materials you provide to us.

Termination

Either party may terminate the service relationship in accordance with the terms specified in your service agreement. Upon termination, you remain responsible for payment of all fees for services rendered through the termination date. We may suspend or terminate your access immediately if you breach these Terms or for any conduct we deem harmful to our business or other clients.

Upon termination, we will provide you with final reports and transfer ownership of completed Work Product. We are not obligated to return or delete campaign data stored on third-party platforms.

Dispute Resolution

In the event of any dispute arising from these Terms or our services, the parties agree to first attempt to resolve the matter through good-faith negotiation. If negotiation is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless otherwise specified in your service agreement.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where our principal office is located, without regard to its conflict of law provisions. Any legal action must be brought in the courts of that jurisdiction.

Miscellaneous

Entire Agreement: These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and Commerce Media Agency.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of our services after changes are posted constitutes your acceptance of the revised Terms.

Contact Us

If you have questions about these Terms of Service, please contact us: